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1884. CONGRESSIONAL RECORD-SENA.TE. 6045 

SENATE. 

SATURDAY, July 5, 1884:. 

The Senate met at 11 o'clock a. m. Prayer by the Charlain, Rev. E. D. HUNTLEY, D. D. 

On motion of Mr. SHERMAN, and by unanimous consent, the rvea- mg of the Journal of yesterday's proceedings was dispensed with. _ 

INTERSTATE COMMERCE. 

Mr. CULLOM. I believe the understanding was that I should have 

the floor immediately after the convening of the session to-day for the 

purpose of completing the remarks which I was making a while ago. 

The PRESIDENT pro te:mpore. The Senator from illinois asks unanimous consent that the Senate now resume the consideration of the 

unfinished business of the last sitting, being the bill (S. 2112) to establi h a commi ion to regulate interstate commerce, and for other 

purposes. Is there objection? The Chair hears no objection, and the 

bill is before the Senate as in Committee of the Whole. 

Mr. CULLOM resumed the floor and concluded the remarks begun 

by him -at yesterday's sitting. His entire speech is as follows: 

1\lr. CULLOM. Mr. President, I realize the fact that bringing before the Senate a bill of this ch:uacter at this late day in the session is 

not perhaps exactly what should be done; in other words, the bill ought 

to have been considered by the Senate long ago. I fully intended a month ago tO insist upon bringing the bill before the Senate for consideration, but, as Senators know, my health gave way for a little while, 

and I have been detained from the Senate, o that! could not give the 

bill any attention. I only seek now, so far &2 I am personally con- cerned, to detain the Senate for a very few minutes in talking about the 

bill, and then will submit the question to the Senate as to whether we 

shall take a vote on the bill now or here.:'lfter. - Mr. President, the questio;n of the supervision or control in some way 

of the railroads of the country by the National Government is one with 

which the American people are becoming somewhat familiar. It has 

been raised in some shape at every session of Congress for several years 

pa t. It has been discu ed by the public press, by merchants and 

shippers and farmers and stockholders and officers ofthe great corporations. It is now claiming a more prominent place than in the past, and 

demands of us our best judgment in determining what is best for the 

public intere t. In approaching the discussion of this subject permit me to say that I have no desire to deal unjustly or to oppress in any 

way the railroad· corporations whose interests are involved, but rather 

to pre erve them, consistent with the rights of the people from whom 

their rights are derived. The growth of this great interest is unparalleled-commensurate only with the stupendous advancement of our people as a nation. In 1830 there were but twenty-three miles of railroad in operation in this country. In 1 40 the number had increased 

to 2,818, in 1850 to 9,021, in 1860 to 30,635, in 1870 to 52,914. To-day 

in round numbers we have 120,000 miles of road, a larger number indeed than all Europe, with _a population seven times larger than the 

United States. The amount received for the transportation of freight 

and passengers by these corporation in this country is not far from 

00,000,000 per annum; and the _amount paid out for expenses must 

be about $550,000,000 yearly, not including the interest paid on their 

bonds. To operate these roads a million of employes are required. 

These roads thus from year to year extended run through every State, 

-and I believe through every Territory of the Union, the State I have 

the honor in part to represent having a greater number of miles 

than any other State. To construct and operate them the best 

minds of the country have been employed-men whose services command a much larger compensation than any officers or employes of 

the Government, excepting alone perhaps the President. Their busi- ness extends to all departments of trade and commerce. The manufacturer, the farmer, the merchant, the laboring man, the professional man are each and all directly interested in their operations. 

There is no interest or business not affected by their operations _and 

management. Commerce is the pulse of a nation, and indicates with 

unerring throb its vital condition. Agriculture, the foundation of our 

prosperity, can not prosper if it costs more tomarketthefarmer'sproducts than they are worth. The success of the manufacturer depends 

upon the facility at his command and the cost of transporting his com- modities. The cost of carriage is a direct tax -upon the value of the 

-article exchanged, and the wealth of the producer and of the country 

is diminished or increased in proportion to that cost. We have our 

lakes, rivers, and canals, and the influence which they exert upon the co t of transportation of our products is all-important, but the carrying trade of the country is very largely in the hands of the railroads. 

The water ways to some extent dictate the rate, but the railway does 

the business. The through tonnage over the great Erie Canal in 1852 

was five times greater than that on the New York Central and Erie Railroads. In 1854 the toill).age of the railroads had increased 302,000 tons, 

while that of the canals fell off 142,845 tons; and so the increase and 

decrease went on relatively until, in 1880, the tonnage of the two railroads had swelled to 19,250,000 tons, while that of the canal was 61457,&65 tons. (See Poor's Manual for 1881.) 

The water ways were the first grM.t channels of coll'lllrerce. On the 

water the Creator gives free right of way, maintains the road-bed, and 

furnishes, in part at least, the motive power. It has, therefore, been our policy to improve our rivers and lakes and keep these great natural highways open for public use. I intend between this and the coming session of Congress to prepare 

myself to show that it is as important to the busilless and commercial 

interests of this country that everywater way should be improved where 

it is necessary to improve it, and that canals should be built where the 

interests of commerce require them, as it is that we should regulate or have anything to do in connection with the transportation of the com- merce of the country upon the railroads. I may say here that I have 

not been entirely Mtisfied with the action of the Senate in reference to w bat is commonly known as the Hennepin Canal. I have felt and still 

feel that that great proposed national enterprise should have been incorporated in the river and harbor bill, and the work begun at the earliest 

motnent; but the Senate thought otherwise, and it was not done. The 

Committee on Commerce, however, bas reported a bill in favor of themeasure, which I hope at the session of Congress in December next to 

press to its final passage. - I hope to have occasion, Mr. President, to give my views at length in 

favor of such appropriations as may be necessary to improve our important rivers and to construct canals where trade and commerce demand it as well. I shall not discuss that subject at this time. The 

demands and exigencies of trade have so grown with our growth as a. people that commerce can not be confined to water ways. The railroads of the country are doing by far the most of our carrying trade. 

The locomotive with its tram is adapted to all seasons a,nd countries, 

and speeds over or through mountains, aeross rivers, along the plains, 

wherever there is a passenger to go ora pound of freight to carry. The 

train tops at our corn-cribs, our barns, our warehouses, our villages, towns, and cities, and takes whatever there is of surplus, and carries it 

to the markets of the world. 

The locomotive is indeed a power in the land, the mo t willing, able, 

yet autocratic, subject of our trade and commerce. While the people 

generally are willing to acknowledgetheirindebtednessto railroadsfor 

what they have done in the development of the country and in aid of 

commerce, it ~n not be denied that complaints have arisen against 

their management; complaints of oppressive charges and of unjust discriminations against persons and places are heard from all parts of the 

country; rates are given to some persons which are denied others under 

the same circumstances; that a greater sum is frequently charged for 

carrying the same quantity of freight a less than a greater distance. 

They have it in their power, if unrestrained, to enhance the prosperity 

of one portion of the country at th~ expense of another. They may so discriminate in their rates against a particular town or locality as to 

drive trade away from it to a more favored locality. They may by giving low rates encourage manufacturers at any given point, and by raising the rates break up the business and transfer the trade to some other 

point. Corporations have no souls and very short memories. A 

change of officers works a change of favorites. The mill that has been 

favored by one management, when the change comes must look elsewhere for its grist. The town that has been built up by the establishment of shops and factories suddenly finds_ the men employed in the 

shops transferred to some other town; the new railroad management 

turn their backs upon it, and it is left to languish and die. 

These, 1\ir. President, and others_ that might be mentioned are serious 

evils which call loudly for a remedy.. l\1any of the States have provided against these evils by legislative enactments-and twenty-two of 

the States have passed laws for the appointment of railroad commissioners-and in providing in some way for the supervision and control 

of railroads, in some instances :fixing rates, and in all cases, I believe, 

providing against unjust discrimination and extortion. In my own State the commissioners are authorized by law to est-ablish maximum 

rates for every railroad within its borders. There have of course been 

some friction and disputes between the corporations and the commissioners. The law under which the commission acts has been contested in 

all the courts, until its final favorable adjudication in the Supreme _ Court of the United States. The roads in Illinoi~ to-day are generally 

working in harmony with the commission, and the people are, I think, 

generally satisfied with the result attained. The praetice of extortion 

and unjust discrimination bas been in a large measure corrected, and 

the corporations have in no way been injured by complying with the 

law and the tariffs of rates given them by the commissioners. 

I doubt not that the experience of the people in other States where 

supervision by commissions has been authorized has been equally 

satisfactory. But, Mr. President, State commissions have no control over interstate commerce. The commerce of this country which is car- ried on between the States can not under the Constitution be controlled 

by States or State boards. The transportation companies, whether 

railroad companies or otherwise, which may carry the products of the 

country from State to State, or from State to Territory, or from one side 

of this continent to the other, maJy only be controlled in their operation 

in such work by the national Government. Our imports, amounting 

to many millions of dollars in value, do not remain in the ports of 

New York and Boston and of other seaport cities; they are carried to 

the West and South; and so of manufactures. They reach out across 
, 

6046 CONGRESSIONAL RECORD-SEN ATE. J -ULY S,. 

the States, wherever a market may be found. The question therefore comes to us: ''Shall we afford relief to the people and provide laws for 

their protection against oppression and unjust discrimination by these 

powerful transportation companies, or shall we ignore the people's demands?" These are times in which competition i in a large degree 

destroyed by combinations. The danger to the people to-day is from 

these combinations, which become great monopolies. The enormous power which combined capital gives to those who control it makes it 

aggressiYe, impudent, and dangerous. 

The Constitution .says that "Congre ~ has the power to regulate commerce with foreign nations and among the "Several States." nder 

this provision of the fundamental law the right is claimed, and I think 

not disputed, to pass laws for the upervision of interstate commerce. 

Mr. Madison, in the convention which framed the Constitution, aid 

''that he was more and more convinced that the regulation of commerce was in its nature indivi ible and ought to be wholly under one authority.'' Mr. Sherman said, ''The power of the United States to regulate 

trade being supreme can control interferences of the State regulations 

when such interferences happen; so that there is no danger to be apprehended from a concurrent juri diction." 

In the case of Gibbon vs. Ogden, 9 Wheaton, tlie court says that the 

power to regulate commerce extends to every species of commercial intercourse between the nited States and foreign nations and among the 

everal States. It does not stop at the external boundary of a State, 

bnt it does not extend to a commerce which is completely external. 

It is the power to regulate that is to prescribe the rule by which com- merce is to be governed. This power like all others vested in Congress 

is complete in itself and may be exercised to its utmost extent and ac- knowledges no limitations other than are prescribed by the Constitution. 

In the case of Groves vs. Slaughter, 15 Peters, 449,_the court says that 

the power of Congress to regulate commerce among the several ~tes 

is exclusive of any interference by the States. 

Mr. President, I shall not detain the Senate by a general discu ion 

of the subject any further, but shall defer it until the coming ession 

if this bill shall not be disposed of at the present one. I ehail hope, 

however, that the Senate will feel dispo ed to pass the bill, and I deire to say that the bill which is now before the Senate, which I had the 

honor to report from the Committee on Railroads, had very careful conideration. .There have been, perhaps, twenty or thirty bills on the 

ubject introduced into the two branches of the Congress of the United 

tates during this session, and some at previous sessions. All these 

bills have been vecy carefully considered, and I think the bill which I 

had the honor to report and which is now under consideration contains 

the best portions of the several bills that have been produced and introduced in the CongressOfthe United States. My judgment i that it is a bill which will protect the interests of the people and will at the same time not opprees the railroad corporations of the country. 

With these few remarks, and then with a statement ofwhattheprovisions of the bill are specifically, I shall relieve the Senate. 

Section 1 creates the interstate commerce commission, to be composed 

of fiye commissioners_ appointed by the President for terms of five years, 

the term of one commissioner to expire each year, so as to prevent sudden or radi,cal changes in the composition or policy of the commission, 

and to secure the services of a majority of experienced ~en on the board 

at all times after it has fairly got in operation. Provision is made for 

the removal of any commissioner by the President for incompetency or malfeasance in office, and for filling vaeancies. It is also provided 

that in -appointing the commissioners the different interests affected 

shall have, as nearly as possible, proper representation, and 't;hat not more than three of them shall belong to the same political party. 

Section 2 gives the commission supervision over all matters pertaining to the regulation of commerce among the several States and 

Territories, and the methods of operation of all transportation companies engaged in interstate commerce; and makes it the duty of the com- mission to enforce the provisions of the act by all lawful means within 

its power. 

Section 3 defines extortion, and section 4 defines unjust discrimination very fully and clearly. 

Section 5 provides that when complaint is made to the commission, 

charging extortion or unjust discrimination, a statement of such charges 

. hall be forwarded to the transportation company thus accused, which 

shall be required to satisfy the COipplaint or answer the same in writing 

within a reasonable given time. This arrangement is fair to both sides. 

If the complaint is well-founded, it will be to the interestofthecompany 

to promptly settle the difficulty to the satisfaction of the complainant, 

and thus save the latter the delay and annoyance attending an investigation and the litigation necessary to enforce a settlement. It iS be-t 

lieved that, after this act was once fairly in ope:ration, this wouJd be the course pursued in a, majority of the complaints filed. 

I desire here to say that, speaking from my personal experience in 

the position I occupied for six years in my own State, having a railroad 

commission existing at that time, my observation has been that it is in 

the interest of the people as well a in the interest of corporations that 

a very considerable power should be given to a commission, if that com- mission is· compo ed of honorable and honest and capable men, to settle 

difficulties between corpomtions and the peopl~, so as to keep out of the 

courts very much litigation that would take place in the ab ence oi 

such a commission. 'i'his bill has been framed upon the idea that such a commission should have a sort of preliminary power to settle disputes 

between the people dealing with transportation companies and the com- panies themselves; but at the end, if they should be unable to settle, 

then the parties should have the right to go into court and litigate the 

questions in dispute. 

This section provides also that when complaint is made and the cor- poration is notified of ~he complaint and has answered the complaint, 

if the matter is not settled at once between the parties, the corporation and the complainant, then the commission shall l?roceed to take 

testimony, examine into the case, make an award, determine, in other· words, the amount of damages, if any, that the shipper has sustained~ 

notify the corporation of the fact and the amount, and specify a time 

within which the damages shall be paid; and if the shipper shall fail 

to pay them, then the commission is authorized to turn the papers in 

the case over to the district attorney of the United tates for the dis--

trict in which the accusation shall have been made. 

Iy judgment is that with a nationallaw with thatsortofprovision. 

in it which shall give an honorable commission that power there would 

in the end be very few cases which would ever :find their way into the 

courts of the United States, and everybody knows that it is a sub tantial denial of justice to a complainant to send him there if be happens to 

be a poor man. The inducement held out to the companies to adju t their differences. 

with complainants promptly in the manner indicated is found in the 

next clause of this section, which provides that if the company shall 

within the time specified by the commission make reparation for the 

injury done and the complaint shall be withdrawn, the case shall be 

dismis ed and the company shall be relieved of liability for any other 

penalty for the particular violation of the act complained of. This provides for a yrompt adjustment of the difficulty, if both parties are dispo ed to be reasonable. If, however, the complaint can not be settled in this way no time is. 

lost and the next steps to be taken are plainly set forth. It is provided 

that if tbe company shall fail to satisfY the complaint within the time 

allowed, or if it shall neglect or refuse to answer the same as required, or if either party hall demand a hearing and there shall appear to be 

any reasonable ground for investigating the complaint, it shall be the 

duty of the commission to investigate the matters complained of, -to 

determine all questions of fact at issue, to record its finding, and t;o. 

furnish a report thereof to both parties. · 

The bill does not propose to confer upon the commission the powers. properly exercised by the courts, but simply authorizes it to act as a court of arbitration, and makes it to the interest of the companies to 

abide by the findings of the commission. 

When a complaint has been investigated and passed upon in the man- ner indicated a de¢sion against the complainant would of course end 

the proceedings. But if it shall appear that the company complained 

of has been guilty of extortion or unjust discrimination as charged, it 

is made the duty of the commission to give notice to the company todiscontinue forthwith its unlawful practices, and to pay the complainant within a reasonable given time the damages, if any, to which the 

commission may find the complainant justly entitled in consequence 

of the company's violation of the law. And if such damages shall b_e 

paid as required, and the commission shall be satisfied that the transportation company has cea ed to practice the extortion or unjust discrimination complained of, an order to that effect shall be entered oi 

record by the commission, and the company shall be relieved of liability 

for any other penalty for the particular act complained of. 

From the statement given it will be seen that section 5 of the bill 

provides for the prompt adjustment of all differences between transportation companies and the public in all classes of cases in which an amicable adjustment by arbitration is possible, and that settlements can only be made in this way when they are satisfactory to the complainant. 

When further proceedings become necessary the steps to be taken are pointed out in section 6. It is therein provided that if any com- pany shall neglect or refuse to pay the damages assessed against it by 

the commission, and to desist from the further violation of the act, the 

commission shall certify the facts to the United States district attorney 

of the judicial district in which the act complained of o~urred, ~d it 

shall be his duty, at the complainant's request, to forthwith commence such proceedings, in the name ofthe complainant, as may be necessary 

to recover any damages sustained by him, the complainant to pay the 

cots of suit, except attorneys' fees, in case offailJIIe to recover. 

The same section fixes _the penalty for conviction for extortion or unju tdi criminationata:fineofnotexceeding$1,000foreachoffense. The 

same penalty is fixed for refusal to make the annual reports required 

by the commission, and for refusal to answer any question or to produce any book, paper, contract, or other document called for by the 

commission in making any investigation. The same penalty is also 

fixed for violating any other provisions of the act or for attempting in 

any manner to obstruct the enforcement of its provisions. 

The remaining sections are devoted principally to providing for theother duties of the commission. 
• 

1884. CONGRESSIONAL RECORD-SENATE. 6047 

Section 7 fixes the salary ofthe commissioners at 7,500andoftheir 

se<:retary at $3,50Q. It authorizes them to employ and :fix the com- pensation of such other employes as may be found necessary, ubjeGt 

to the approval of the Secretary of the Interior, and provides for the 

payment of all necessary exp'enses incurred in making investigations 

outside of Washington. Witnesses before the C9ffimission are to be 

paid the same fees and mileage that are paid to witnesses in the United 

States courts. 

Section 8 authorizes the commission to prescribe the forms to be used 

in its business, an,d makes a majority a quorum for the transaction of 

business. ection 9 gives the commission in makinginvestigationspowertore- quire the attendance of witnesses, to administer oath , and to require 

the production of all books, papers, contracts, and documents relating 

to the matter under investigation and necessary for the information ·of 

the commission. Such investigations may be conducted in any part of 

the United States, and the powers conferred for this purpose may be 

delegated to any member or members of the commi ion. 

Section 10 provides for annual reports from all the companies coming 

within the provisions of the act, and specifies in detail the more important subjects upon which information shall be required so that the 

reports shall contain all the information that the public and the commission may desire. 

ection 11 provides for the publication of the annual report of the 

commission, which is to contain such information and data as may be 

considered of value in the determination of questions connected with 

the regulation of interstate commerce, together with such recommen- dations as to additional legislation on the subject as the commission 

may deem necessary. 

Section 12 makes the route of a company engaged in interstate com- merce int:l ude all the railroad and water routes used by said company 

under any sort of an arrangement, and makes it unlawful to enter into 

any agreement to prevent the carriage of interstate-commerce freights 

from being continuous, whether carried partly by rail and partly by 

vessel, or carried on one or everal railroads. 

Section 13 defines the meaning of the term ''transportation company 

engaged in interstate commerce," showing that it applies to both railroads and vessels, and to all persons, firms, and companies, to all asso- ciations of persons or companies, incorporated or not, and to all associ- ationsof corporations engaged in the transportation of interstatte freights 

or property. 

Section 14 appropriates $60,000 for the purposes of the aet for the 

coming "fiscal year. 

I shall not detain the Senate any longer in discussing the subject, 

but shall leave it to the judgment of the Senate as to whether we shall 

proceed with the di cussion of the bill and put it upon its passage. As 

far as I am concerned I shall be very glad to have the bill pass before 

we adjourn. 

.LEGISLATIVE, ETC., APPROPRIATION BILL._ 

Mr. ALLISON. I ask that the regular business before the Senate 

may be laid aside informally, in order that I may pr ent the conference· report on the legislative, executive, and judicial appropriation bill, 

which I understand is on the President's table. 

The PRESIDENT pro tempore. The Chair lays before the Senate a "bill frqm the House of Representative, returned with a report of the 

committee of conferen<!e. The title of the bill will be read. 

The CHIEF CLERK. A bill (H. R. 7069) making appropriations for 

the legislative, executive, and judicial expenses of the Government for 

the fiscal year ending June 30, 1885, and for other purposes. , The PRE !DENT pro tempore. The action of the House of Representatives on the bill; with the last aetion, will be read. 

The Chief Clerk read as follows: 

lN THE HOUSE OF REPRESENTATIVES, JuJ.y 3, 1884. 

Hesol1:ed, That tbe House concur in the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7069} making appropriations for the legislative, executive, and judicial expen es of the Government for t.he fiscal year ending June 30, 1885, nnd for other purposes. Resolved, That th~ House further insist upon its disagreement to the twentyfirst, twenty-fourth, twenty-fifth, twenty-seventh, eightieth, eighty-first, eighty- second, ei~hty-third, eighty-fourth, eighty-fifth, eighty- ixth, eighty- eventh, 

eighty-eighth, ninety-firsth ninety- econd, ninety-third, ninety-fourth, ninety- fifth, two hundred and fift , two hundred and sixth, two hundred and seventh, two hundred and eighth, two hundred and ninth, two hundred and tenth, two hundred and eleventh, and two hundred and twelfth amendments of the Senate to the bill (H.R. 7069) making appropriation for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30,1 -,and for other purpo es; and asks a further conference with the Senate on the di a- greeing votes of the two Houses thereon. 

Ordered, That l\Ir. HOLMAN, Mr. IIA:scocK, and Mr. CANNON be the man- agers of the &'l.id further conference on the part of the House. 

The PRE IDENT pro tempore. The report of the Senate conferees 

will be read. 

The Chief Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses upon the amendments of the Senate to the bill of the House 7069, making appropria- tions for the legislative, executive and judicial expenses of the Goverhment for the fiscal year ending June 30, 1885, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: · 

That the enate recede from its amendments numbered 8, 9, 10, 13, 26, .32, 33, 36 .. 37, 39, 40, 46, 47, 48, 49, 67, 74, 75, 76,110,111, 119, 120, 121, 142,143,157,158,159,160,161, 

167,168,175,17 '179, 191,192,193,203,204,231,234,235,236,237,238,239,246,247,256,257. 273. 274,275,278,282, and 283. That the House recede from its di agreement to the amendments of the Senate numbered 2,3, 4,5,6, 7, 11, 12, 14, 15,16 17.1 , 19, 20, 22, 23,29,30,31,34, 35,38,41, 42,43, 

44, 45, 50, 51, 53, 5 '59, 60, 61, 69, 70, 71,77' 79, 9, 90, f17' 9 '99, 100, 101, 102, 104, 105, 106~ 

~~~~~~~m~~~~~~~~~~~~~ 

~~~~~~ill~~~~~~~~~~~~~~ 

170,171,173,176,187,1 '1 9, 190,194,195,200, 20'2,213, 214,215,216,217,21 , 219,225,226, 

233, 2-,10, 241, 242,243, 244, 245, 248, 251, 254, 255, 258,259, 260, 263, 264, 265, 266, 267' 269, 270, 

271, 272, 276 and 279, and agree to the n.me. That the House recede from its di agreement to the amendmentoftheSenate· numbered 1, and agree to the same with an amendment ns follows: In lieu of the sum proposed insert "$266,596.60 ;" and the enate agree t-o the same. That the House recede ft·om its di agreement to the amendment of the Senate numbered 2 , and ngree to the same with an amendment as follows: In lien of the um proposed insert" S338,655.10 ;'' and the Senate agree to the snme. That the House recede from its disagreement to the amendment of the Senate numbered 52, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$493,981.25; 'and the Senate agree to the same. That the House recede from it disagreement to the amendmentoftheSenate numbered 54, and agree to the same with an amendment as follows: In lieu of the number propo ed by said amendment insert" 9 ;" and the Senate agree to the sam~ 

That the House recede from its di agreement to the amendment of the Senate numbered 55, and agree to the same with an amendment as follows: In lieu of the number proposed by aid amendment insert "14 ;" and the Senate agree~ 

the ame. That the House recede from its disagreement to the amendment of the Senate numbered 56, and agree to the same with an amendment as follows: In lieu of the number proposed by said amendment insert "14 ;" and the enate u.gree to the same. 

That the House recede from its disagreement to the amendment of the Senate numbered 57, and agree to the same with an llinendment as follows: In lieu of the sum propo ed insert" $104.,720 ;",and the Senate agree to the same. That the House recede from its disagreement to t.he amendment of the Senate numbered 62, and agree to the same with an amendment as follows: In lieu of the number proposed by said amendment insert "4Q;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate numbered 63, and agree to the same 'Yith an amendment as follows: In lieu of the number proposed by said amendment insert "55;" and the Senate agree 

to the same. . . · • That the House recede from tts disagreement to the amendment of the Senate numbered 64, and agree to the same with an amendment as follows : In lieu of t.he number propo ·ed by said amendment insert" 48;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 65, and agree to the same with an amendment as follows: In lieu· of the urn proposed insert" $246,490;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 66, and aaree to the same with an amendment RS follows: In lieu of the matter proposed to be inserted by aid amendment insert '' who may be des- ignated t-o sign such letter and papers as the auditor m11.y direct; " and the Senate agree to the same. That the House recede from its di agreement to the amendment of the Senate numbered 68, and agree to the same with an amendment as follows: In lieu of the number proposed by sai amendment insert "66;" and the Senate 11.gree to thesame. · That the House recede from its disagreementto the amendment of the enate numbered 72, and agree to the same with an amendment as follows: After the word "each," in line 16, page 22 of the bill, insert "four as orters of money- orders, at$i20 each;" and the Senate agree to the a me. That the House recede from its disagreement to the amendment of the Senate numbered 73,and agree to the same with an •amendment as follows: In lieu of the sum propo ed in. ert " $452,790 ; " and the Senate agree to the am e. That the House recede from its disagreement t-o the amendment of the Senate numbered 7 , and agree to the same with an amendment as follows: In lieu of the sum proposed insert ·• $35,180 ;" and the Senate agree to the same. That the House recede from its di greement to the amendment of the Senate numbered 96, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out insert "for postage, $500;" and the Sen- ate agree to the same. That the Hou e recede from its disagreement to the amendment of the Senate numbered 103, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "S5,000 ;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 107, and agree to the arne with an amendment as follows: In lieu of the sum propo ed insert" .,..7,620;" and the Senate agree to the same. That the Hou e recede from it-s disagreement to tbeamendmentoftheSenate numbered US, and agree to the same with an amendment as follows: In lieu of the sum proposed insert" 1,500 :" -and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 122, and agree to the same with an amendment as follows: In lieu of the matter propo ed to be inserted by said amendment insert the following: ''For the following additional clerk in the office of the Adjutant-General for the sole purpo e of completing, with tlle necessary detail from the existing force, the regimental register of the volunteer forces of the several tates during the late war, namely, one clerk of class 4; two clerks of class 2; six clerks of class 1; in all, ,.11,800 ;" and the Sen:ite agree to the same. That the Hoo e recede from its disagreement to the amendment of the Senate numbered 1 , and agree to the same with an amendment as follows: In lieu of the number proposed in ert '48 ;" and the Senate agree to the am e. That the House recede from its disagreement to the amendment of the Senate numbered 140, and agree to the same with an amendment as follows: In lieu of the sum propo ed insert "~.6:.'0;" and the Senate agree to the same. That the House recede from its di agreement to the amendment of the Senate numbered 145, and agree to the same with an amendment as follows: In lieu of the urn proposed inert "$57,410;" and the Senate agree to the arne. That the Hou e recede from its di agreement to the amendment of the Senate numbered 166, n.nd agree to the same with an amendment a follows: In lieu of the matter proposed to be inserted by aid amendment in ert the following: "For the compilation of the naval records of the war of the rebellion: For collecting, compiling, and arranging the naval records of the war of the re- bellion, including confederate naval records, one clerk of class 1, and two copy- ists at S720 each; in all $2,640;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate numbered 172, and agree to the same with an amendment as follows: Strike out from said amendment the words "fixe hundred;" and the Senate agree to the same. , That the House recede from its disagreement to the amendment of the Senate numbered 174, and agree to the arne with an amendment as follow~>: In lieu of tbe sum proposed insert" Sl51,430; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 
6048 CONGRESSIONAL RECORD-SENATE. JULY 5, 

numbered 177, and agree to the same "'ith an amendment as follows: To strike out from the matter propo ed to be inserted by said amendment thefollowing: ·'Two examiners of office decisions, at $2,000 each;" and· the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 180, and agree to the same with an amendment as follows: In lieu of 

the number proposed in ert ·• 40;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 181, and agrel:l to the same with an amendment as follows: In lieu of 

the number propo ed insert "56;" and the Senate agree to the same. That the House recede from it di agreement to the amendment of the Senate " numbered 182, and agree to the same with an amendment a follows: In lieu of 

the number proposed in ert "67;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 183, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert "73; " and the enate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 184, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 51;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 185, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 58;" and the Senate agree to the arne. That the Hou e recede from its disagreement to the amendment ofthe Senate 

numbered 186, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "$4.96,250; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 196, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert' " 10; ., and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 197, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 16;" and the Senate agree to the same. That the House r ecede from its disagreement to the amendment of the Sen- ate numbered 198, and agree to the same with an amendment as follows : In lieu 

ofthe number proposed insert" 9;" and the enate agree to the same. That the House recede from it disagreement to the amendment of the Sen- ate numbered 199, and agree to the same with an amendment as follows: In lieu of the number proposed insert "13; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 201, and agree to the same with an amendment as follows: In lieu of 

the sum propo ed insert "$97,980;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 220, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert "24;" and the Senate agree to the same. That the House recell~:~ from its disagreement to the amendment of the Senate 

numbered 221, and agree to the same with an amendment as follows: In lieu of 

the number1>ropo eu insert "28;" and the Senate agree to the. am e. That the House recede from its disagreement to the amendment of the Senate 

numbered 222, and agree to the same with an amendment as follow : In 1ieu of 

the number proposed insert •• 28;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 223, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert "30; " and the Senate agree to the am e . That the House recede from its disagreement to the amendment of the Senate 

numbered 224, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 35;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 227, and agree to the same with an amendment as follows: In lieu of 

the number proposed insert" 5;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 228, and agree to the same with an amendment as follows: In lieu 

of the number propo ed insert "18;" and the Senate agree to the same. That the Hou e recede from its disagreement to the amendment of the Senate 

numbered 229, and agree to the same with an amendment as follows: In lieu 

of the number proposed insert "50 i " and the Senate agree to the same. That the House recede .from its d1sagreement to the amendment of the Senate 

numbered 230, and agree to the same with an amendment as follows: In lieu 

of the number proposed insert "62; " ·and the Senate agree to the same. That the House recede from its disa-greement to the amendment of the Senate 

numbered 2-32, and agree to t-he same with an amendment as follows: In lieu 

of the sum proposed ineert "$597,170;" and the Senate agree to the same. That the House recede from its di agreement to the-amendment of the Senate 

numbered 249,and agree to the same with an amendment as follows; In lieu of 

t-he sum proposed insert "$9,000; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 250, and agree to the samt: with an amendment as follows: In lieu of 

the sum proposed insert " 11,500; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 252, and agree to the same with an amendment as follows: In lieu of 

the sum proposed in ert " 9,000; " and the Senate agr~e t-o the same. That ti.Je House recede from its disagreement to the amendment of the Senate 

numbered 253, anq agree to the same with an amendment as follows: In lieu of 

the sum proposed insert '• $11,500 ; '' and the Senate agree to the same. That the Hou e recede from its disagreement to the amendment of the Senate 

numbered 261, and agree to the same with an amendment as follows: In lieu of 

the matter stricken out by said amendment insert the following: "One clerk at 1,000; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 262, and agree to the same with an amendment as follows : In lieu of 

the sum proposed insert "$31,060 ; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 268, and agree to the same with an amendment as follows: In lieu of 

the matter proposed to be inserted by said amendment insert the following: 

"Two additional clerks of class 2;" and the Senate agree to the same. That the House recede from its disagreement to the amen.dment o( the Senate 

numbered 277, and agree to the same with an amendm!lnt as follows: In lieu of 

the sum proposed insert "$112,110; " and the Senate agree to the same. That the House recede from its disagreement to therunendmentofthe Senate 

numbered 280, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "$12,060; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 28l,and agree to the same with an amendment as follows~ In lieu of 

the sum proposed insert "$1,600; " and the Senate agree to the same. The committee of conference is unable to agree on the amendments of the 

Senate numbered 21, 24, 25, 27, 80, 81,82,83, 84,85, 86, 87, , 91, 92, 93, 94, 95,205,206, 

207,208,209, 210, 211, and 212. 

W. B. ALLISON, H. L. DAWES, F . M. COCKRELL, 

Managers on the part of the Senate. 

.JOHN HANcOCK, ·.J. G. CANNON, 

Managers on the part of the HO'USe. 

The PRESIDENT pro tempore. The question is, Will the Senate 

.concur in the report of the Senate conferees? 

Mr. ALLISON. I think it is due to the Senate that I should make a brief general statement of the amendments agreed to and of tho e 

disagreed to. The Senate provided for an increase of force in several 

of the bureaus of the different Departments, and in nearly every instance the House has acceded to a portion of that increased force hut 

not the whole of i~ which accounts for the numerous amendments 

agreed to with amendments. It is so, I believe, in every instance, and 

the division of force was about equal, the House conceding one-half 

the increase allowed by the Senate. 

The amendments disagreed to are, first, relating to the contingent 

fund of the Senate; second, the amendment respecting the printing in 

the RECORD of speeches not delivered; and, third, all the amendments 

relating to the reduction of internal-revenue collectors and the reduc- -

tion of customs collectors and the legislation relating to those two subjects. 

The amendments increasing the force of the Pension Office were all 

disagreed to, it being stated by the House conferees that unless the 

bill pending now in the House should pass the Commissioner of Pensions was satisfied with his present for<;e. So in a formal way these 

amendments were disagreed to in order that we might ascertain definitely and fully what force will be ·necessary under the existing laws 

to conduct efficie.q.tly the business of the Pension Office. 

Mr. BLAIR. May I ask a question, and that is, whether if these 

amendments are not agreed to the~e is any proposition anywhere. toreduce the existing force in the Pension Office? 

Mr. ALLISON .. The House considerably reduced the present force 

in the Pension Office, and I believe they did it upon an estimate made 

by the Commissioner of Pensions as long ago as November. I understand the Commissioner of Pensions and the Secretary of the Interior 

are of the opinion that under existing law it is necessary to retain the 

present force in the Pension Office in order to dispo e of the business 

now pending in that office, without reference to what may be done 

during the present session. 

Mr. BLAIR. If the amendments proposing an increase are disagreed 

to it does not involve the adoption of any proposition for decrease, as I 

und~rstand. There is no counter-proposition; there will be no reduction of the force. 

Ur. ALLISON. The bill as it passed the House makes a reduction, 

and the Senate amendments make a slight increase in the present force, 

exclusive of the one hundred and fifty traveling agents, which both 

Houses have now agreed to; but the House insists upon its proposition 

to reduce the present force in the Pension Office by I think about one 

hundred and fifty, based upon an estimate made by the Commissioner 

of Pensions as long ago a November last. 

Mr. BLAIR. But that has all been re-estimated, and it is not likely 

to bedone, I suppose. 

Mr. ALLISON. I do not know whether the House will insist upon 

it. I have no doubt that the 1p.atter can be adjusted. 

I believe these constitute the differences between the two Houses. I 

should be glad if the Senate in some form could instruct the conferees 

upon these various propo itions. I think there are but three of them 

of any moment. 

Mr. SHERMAN. Please repeat those three again. 

Mr. INGALLS. Will not the Senator from Iowa repeat the three 

that he thinks are essential? 

Mr. ALLISON. The first proposition is as to the contingent fund of 

the Senate. · 

Mr. INGALLS. That involves the payment of Senators' clerks. 

Mr. ALLISON. In that item is included the compensation of clerks 

to Senato~ who are without committee chairmanships. The second 

item is that relating to the publication in the CONGRESSIONAL RECORD 

of speeches not uttered. The next, which may be embraced in a single 

propo ition, is all the new legislation found upon the bill respecting 

the reduction of internal-revenue collecwrs, the reduction of customs 

collectors, and the legislation with respect to distilled spirits. 

Mr. SHERMAN. You agree as to the remainder? 

Mr. ALLISON. We have agreed substantiallj" as to the remainder 

of the amendments. 

Mr. 1\l.A..XEY. I should J)..ke to ask the Senator from Iowa a question. If I heard him correctly there are two items, one in respect to 

clerks of Senators, the other in respect to the printing of speeches in the 

RECORD which were never delivered. I ask the Senator if a calculation has been made of the rehtive cost of the clerks as compared with 

the enormous expense of printing speeches never delivered? 

Mr. ALLISON. I do not know that any comparison has been made 

between the relative cost of clerks to Senators and the cost of printing 

speeches which have never been uttered from time to time. I should 

think the latter would be largely in excess of the former. 

M:r. MAXEY. I think it would be a great many times larger if the 

calculation could be made, and I suppose the Public Printer could giye · an exact statement. 

ENROLLED BILLS SIGNED . 

.A. message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by the President 

pro tempore: 

.A. bill (H. R. 137) for the relief of Betsy. .A.. Mower; 
1884. CONGRESSIONAL RECORD- SENATE. 6049 

A bill (H. R. 284) for the relief of Mary G. Hawk; 

A bill (H. R. 569) granting a pension to Reuben :Marshall; 

A bill (H. R. 709) granting a pension to Robert L. Willey; 

A bill (H. R. 747) granting increase of pension to FannieS. Beaumont; 

A bill (H. R. 2089) granting a pension to Margaret Wiggins; 

A bill (H. R. 2091) granting a pension to Mrs. Rebecca Hall; 

A bill (H. R. 2869) for increase of pension to Martha T. Stribling, 

widow of Cornelius K. Stribling, late a rear-admiral in the United 

States Navy; 

A bill (H. R. 3056) to constitute a bureau of navigation in the Treasury Department; · 

A bill (H. R. 4457l granting a pension to J. G. Crawford; 

A bill (H. R. 4530 granting an increase of pension to Patrick Foley; 

A bill1H. R. 4568 .granting a pension to Andrew J. Konkle; 

A bill H.~. 6766) granting a pension to Mrs. Anna J. Foster; d 

A bill H. R. 6767) granting increase of pension to Mrs. v· . a Zeilin. . 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

The Senate resumed the consideration of t~e report of the committee 

on conference on the bill (H. R. 7069) making appropriations for the 

legislative, executive, and judicial expenses of the Government for the ·. fiscal year ending June 30, 1885, and for other purposes. 

Mr. SHERMAN. In order to l1Ill"3Vel one matter at least, I move 

that the Senate recede from its amendment in regard to the provision 

about speeches not delivered. If the Senate choose to legislate upon 

that subject let them confine their action to their own business. I 

think myself the House ought to be allowed to dispose of its part of 

the RECORD and its part of the proceedings as it sees proper. 

Mr. LOGAN. WhycannottheSenate attend to their own business?. 

Mr. SHERMAN. I think so, too; andiftheSeilate wanttoiaythat 

nothing shall be printed except what is delivered here I am willing to 

vote for it, and there would be no objection, I suppose, on the part of 

the House to have that provision inserted. 

Mr. JONES, of Nevada. Is it not the first business in order to agree 

to the report of the committee? · 

The PRESIDING OFFICER (Mr. PLATT in the chair). The Chair 

thinks the first business in order is on concurring in the report of the 

conference committee. The question is on concurring in the report, 

which the Chair thinks is first in order. 

Mr. ALLISON. Very well. Let that vote be taken. 

The report was concurred in. . The PRESIDING OFFICER. Now the question recurs on what 

action the Senate will take on the items on which the conference committee did not agree. 

Mr. ALLISON. I move that the Senate insist upon all the amendme.nts embraced within the disagreement, and agree to the further conference asked for by the House of Representatives. 

The PRESIDING OFFICER. The Senator from Iowa moves that 

the Senate insist upon its disagreement to the further items not agreed· 

to in the conference report, and accede to the request for a further conference m!lde by the House of Representatives. 

Mr. ALLISON. Now I suppose the motion of the Senator from 

Ohio is first in order, it having a tendency to bring the Houses together. 

Mr. SHERMAN. A motion to recede is :first in order, but I do not 

propose to insist on that motion if the Senator from Iowa who has 

charge of the bill does not think it wise to do so. I think myself that 

the question involves the courtesy which ought to exist between the two 

Houses not to interfere with each other's business. It is perfectly proper 

that we should leave it to the other House to say what shall be inserted 

in the record of its own proceedings. By the Constitution they make 

their own rules of procedure, anditwouldbe butrightthattheyshould 

make their own rule as to what they will allow to be printed in their 

own proceedings. So far as we are concerned we can regulate that by our 

rules. No law is required. No law is required so far as the House is 

concerned, and they can simply pass a rule or regulation to regulate 

what shall be printed fot them or what shall be considered a part of 

their proceedings; 

I think it is rather straining a point for us to insist upon_ our own disposition of the amount of increase in our clerks, insisting that they 

shall not have anything to say about that, and then toturnaroundand 

say that they shall not authorize anything to be printed in the RECORD 

except what is actually delivered. It seems to me that the position is 

not consistent. At the same time I do not want to interfere with the 

confer nee. My own impression is that our conferees would be stronger 

by our saying that we yield the point, that as a rule on all matters of 

proceeding of contingent ex pen es of the number of officers each House 

must necessarily regulate them as part of their constitutional duty, as 

an execution of their constitutional right, and we will therefore put ourselves on that ground by withdrawing all propositions which restrain 

you in what you shall order to be printed as part of your proceedings. 

It seems to me it would clear the way and make the basis of an agreement on some of these controverted points if we should recede 

from an amendment which does to some extent restrain the other House 

in their liberty of directing what shall be printed of their own proXV--379 

ceedings or of what character those proceedings shall be. I shall therefore make the motion to recede, if the Senator from Iowa is willing. 

Mr. ALLISON. I am perfectly willing to test the sense of the Senate on that subject. 

The PRESIDING OFFICER Does the Senator from Ohio make a. motion? 

Mr. SHERMAN. I make the motion that the Senate recede from 

its amendment numbered 27. It may be read, so that the Senate can see what it is. 

The PRESIDING OFFICER. The Senator from Ohio moves that 

the Senate recede from the amendment which will be reported by the 

Secretary. 

The SECRETARY. On page 6, after line 3, the Senate inserted the 

following: 

That the reports in the CoNGRESSIONAL RECORD shall be an accurate transcript of the proceedings and the debates of the two Houses of Congress, and that no speech shall be published therein which was not spoken in the Senate or in the House of Representatives; and such speeches shall be printed as they were actually delivered, except verbal corrections made by the author of the speech, and by no other person; and that when speeches are reserved by their author for correction they shall be returned to the Reporter of the House in which they were delivered within one week, and if not so returned they shall then be printed 

in the CoNGRESSIONAL RECORD from the original notes of the R-eporter. 

~· VEST. ·Mr. President, the record of the proceedings of Congress is as much the property of the American people and the American 

public as the Treasury of the United States. The record of the proceedings of either Houie· is not the property of that House. It is not 

paidforout ofthecontingent fund of that House. In a representative 

government like ours, where the representative is immediately responsible to his constituency, theyhave a right to knowthehistoryofpending legislation; they have a right to know the history of the conduct 

of public affairs. · 

I can not appreciate the position of the Senator from Ohio when he 

says that this is a question within the purview alone. of the House of 

Representatives, and that we are infringing on their rights in determining whatshall go into the CoNGRESSIONAL RECORD, which goes to 

the people of the entire country and is paid for out of their Treasury. 

In regard to the payment of our secretaries, that is a. question concerning the expenditure of the contingentfund of the Senate; but the CoNGRESSIONAL RECORD is not paid for out of the contingent fund. It is 

paid for out of the common Treasury; it is a portion of the history of 

the country, paid for at the public expense; and if we concede that the 

House can put exactly what it pleases into the RECORD, then we concede that the House has entire control of this expenditure of money. 

I hope that the motion of the Senator from Ohio to recede will not 

be agreed to. 

Mr. INGALLS. W4ile it is true that the expenses of the· CoNGRESSION .AL RECORD are paid by general appropriations, yet it is also 

tme that there is nothing in any existing statute which defines what 

the RECORD shall contain. It is, of course, understood that it is to be 

a record-what the name implies-of the daily proceedings and 

transactions of both Houses of Congress; but in 1873, when the printing of the RECORD was transferred from the contractors to the Government Printer, the whole matter was "left under the control of the 

joint committees on printing of the two Houses. Therefore it is not 

just to say that the House of Representatives in permitting speeches 

to be printed that have not been delivered in any way infringe either 

upon any statutory provision or upon any rule or regulation which 

has been made by competent authority. 

I agree fully with the Senator from Missouri in stating that the practice which has assumed such enormous proportions of printing undelivered matter in the RECORD is one that has given rise to great 

abuses and ought to be curtailed. An illustration has been given this 

morning where calumnious matt-er, matter directly involving the reputation, the honor, and the good name of a member of this body, matter that was absolutely false, was inserted in the proceedings of the 

House of Representatives under the guise of an undelivered speech by 

a member of that body. 

Mr. DAWES. Under the guise of a delivered speech. 

Mr. INGALLS. I refer to a speech that was not delivered. Perhaps the Senator from Massachusetts knows more about it than I do. 

Mr. DAWES. What I mean to say is that it goes forth to the country as a delivered speech. 

Mr. INGALLS. That is very true, but the original assertion was 

made in a speech that was not delivered. 

Mr. DAWES. But it appears as having been delivered. 

Mr. INGALLS. No; it does not, because it appears inanotherpart 

of the RECORD; it does not appear in the regular daily proceedin.,os. 

The Senator from Massachusetts ill pardon me. Of course I did uot 

intend to be abrupt; but the original statement was a newspaper publication from a hostile sheet politically to the Senator who e name was 

involved, which was incorporated in the remarks of a member P ... ~ a portion of his speech and printed under the general leave to insert. 

Mr. DAWES. The Senator understands, I presume, that I meant 

to merely say that it went forth to the country as if some memher of 

the other branch had delivered the speech containing this matter. 

Therefore I thought it was under the guise of a delivered speech. 
I. 

I 

6050 CONGRESSIONAL RECORD-SENATE. JULY 5, 

.Mr. INGALLS. It is also true, as the Senator from Massachusetts 

says, that publicity was given on the following day to this calumnious 

and unfounded statement by its repetition in a delivered speech. It 

wa repeated with additions and with decorations and various orna- ments of discourse so as to give it still wider publicity and promulgation . . But I do not think, with all the feeling I have on this subject, that it 

is a proper place to deal with this question by an amendment to an 

appropriation bill. Therefore, much as I sympathize with the Senator from Missouri, and sternly as I should stand upon Senatorial prerogative, I should be willing that the Senate conferees should, if they 

think best, in the general ~adjustment of these differences, abandon 

this amendment. 

With regard to the Senatorial clerks, while I considered that arrangement in the first place unwise and injudicious, while it appeared to me 

to be unjust to those Senators who had clerks of committees, while there 

can be no doubt that it is a great deal better and more advantageous 

personally to a Senator to have a clerk than it is to have a clerk to a 

committee, because the clerk of the committee is very largely engrossed 

in the duties of the committee and is not at the service of the chairmn,n of the committee in many instances, yet that having been agreed 

to is now a part of the law of this body, and any interference by the 

House of Representatives with the distribution of our contingent fund, 

with the number and qualifications of our clerical force, ought to be resented as an invasion of our constitutional prerogative. 

I should thereforo hope that the Senators on the conference committee would consider themselves instructed to adhere with resoluteness 

and vigor to the amendment of the Senate on that point. 

Mr. MORGAN. Mr. President, I believe I am about as cautions 

and as strict in the expenditure of public money as almost anybody, 

and I have no desire in the world to profit personally out of the honorable position which I hold upon this floor. Neither have my colleagues on either side of this Chamber any such desire. We are here 

for the purpose of discharging our duties to _the communities which we 

represent; and every man in this body understands the burden of that 

labor. It is absolutely exhausting to the last degree. It monopoli.ze'3 

every moment of a man's time that he is awake and able to work, not 

merely in the days of the week but on the Sabbath day. There is not 

a Senator in this body who I suppose does not devote a considerable 

portion, if not the entire time, of every Sunday while Congress is in 

session to working diligently upon some matter that he feels in duty 

bound to study or to think about. 

We have a great Government to take care of, where we spend nearly 

$300,000,000 a year, and it costs us an immense labor to provide the 

clerks and various officers for the different heads of bureaus and Departments for the purpose of transacting the public business. Even the 

labor of providing them with the necessary men to execute their duties 

is one that is very great and very exhausting. 

There is not a bureau officer in the U nit.ed. States Government, I sup-· 

pose, who has not t1e assistance of some clerk in the transadion of his 

business; and yet when we come to compare the labors of a bu.reau officer with those of a Senator of the United States they sink into insignificance. I state that while I amastrongmanphysically and of good 

constitution and I think a reasonably industrious disposition, it taxes 

niy energies to the very last extent, with the assistance of a clerk, to 

go through all the duties which I undertake 'to perform in this body, 

and they are not by any means so important as those <:!_f many other 

Senators whom I could name. I feel that I represent a constituency which would be ashamed of me 

if I should be afraid to take from the public Treasury enough money 

to get assistance in these important duties. Here I work for nobody 

but for the people whom I represent, whether in my own State or el ewhere. I work for nothing but the public good. I can give no time 

to my private business. I am absorbed, with all the physical and 

mental energy I possess, simply in the public service; and in this particular I am not an exception; I am not singular at all. I am exactly 

related to these subjects as every other Senator in this body is; and my 

constituency, I repeat, would be ashamed of me u ·I were so cowardly 

as not to be willing to vote into tlteir service the assistance of a clerk, 

so necessary for the discharge of the duties which I have to perform. 

They expect information from Congress upon a greatnumberoftopics. 

Onr printing-list in the document-room is an enormous one, and one of 

infinite, almost inexpressible value, to the people of this country as an educator. These papers have to be distributed in a discriminating way 

into the hands of those people who will make the best use of them, and 

that duty, which our constituents require shall be performed punctually and immediately, would of itself require perhaps one-half if not 

more of the actual time of every Senator on this floor. 

Under these circumstances I claim that it is an act of pure meanness and parsimony, when we have taken the responsibility of .voting to our- selves the necessary public assistants, to deny them to us. Whatever 

the motive of it may be, however, it is an act of injustice. The ,House 

of Representatives, with the consent of this body, has always had the 

assistance of every clerk and of every messenger it requj_red. Since I 

have been here this body has uniformly said to the House in all the 

different controversies we have had upon subjects of this kind, ''Provide 

.. . 

for yourselves what you think is an equivalent force for the discharge 

of your public duties, and we will vote the money to pay it." We 

have made no captious inquiries, and certainly we have not made insulting flings at anybody because in the opinion of some of us they 

may have exceeded what was necessary in the equipment of the differ- en~ offices of the House of Representatives. 

The Senate after due consideration (it has been two years or n;tore 

looking at this question) took a vote after debate upon the resolution 

that Senators, where they were not chairmen of committees and the-refore had not the a istance of committee clerks and of committee mes- sengers, should have the privilege of employing or appointing clerks to ' 

assist them in their public duties. We passed upon that subject on a yea-and-nay vote. I believe if I remember the record correctly we 

p~ ed upon it twice. This body has expressed a sincere and deliberate 

judgment upon this question, and has assumed the whole length and 

breadth and weight of the responsibility of it. I voted "yea" upon 

that resolution, and some of my Democratic confreres voted ' ' :oay.'' 

A large majority of the Republicans voted ''yea," and some of them 

voted "nay." There was no party division between us upon that 

point. We did what we believed it was our conscientious duty to do, 

not a mere privilege, not the mere exercise of a power, but a conscientious duty which· devolved upon us in order that we might be the 

better able to. exercise our public duties in the Senate. 

I hope, sir, that the Senate will abide by its deci ion and that the 

Senate will ''fight it out on this line if it takes all the summer.'' I 

shall be prepared for one to stay here for the purpose of vindicating the 

right of this body to determine a matter of this kind. 

Our action upon this has been characterized as ''another salary grab,'' 

and other very indecent allusions have been made to it elsewhere. Sir, 

I scarcely expect to be deterred from performing a duty of this kind, 

though it might be of personal advantage to myself to relieve me of a 

little of the labor that I have to perform, by such allusions as these. 

They are only calculated to cause men who have any spirit at all to 

stand by their colors, to stand upon the ground they occupy. They 

are not calculated to produce any good results whatever, and I regret 

that any such expressions should have found their way into the debates 

of either House. 

I therefore hope, Mr. President, that this committee will consider 

itself firmly instructed by this body to adhere to that amendment. 

:Mr. DAWES. Mr. President, I did not have an opportunity to vote 

upon the resolution which has caused this difference between the two 

Houses, but I wish the peopleofthe United States could realize, as we 

realize here, the difference between service in these two Houses now 

from what it was when the compensation of Senators and Representatives was fixed at what it is. I have been here a number of years, 

and although, with the exception of two Congresses, I have had the 

honor of being chairman of a committee that employed a clerk, yet 

the amount of service reqni.lled of me here to-day, compared with that 

which I was called upon to do when I first came to Washington, can 

be realized only by those who keep watch day by day of the growth of . 

this country. The-re is no such measure of it as is to be found here at 

this center. There has never been a year in my service which has not 

brought at least 25 per cent. more labor upon me than the year that 

preceded it; and although I have been for the most of the time upon 

a committee whose clerk had a great amount of other labor to perform 

beside that which he rendered for m£3, I have found myself worn down 

by duties imposed upon me as well officially and pertaining to the 

Government of this country not known when I first came here as bv 

duties which my constituents feel justified in exacting from me that 

no one man can perform and discharge his official duties as they ought 

to be dischar~ed. There should be, there must be some change. 

If the members of the other branch who discharge the laborious duties of that branch could each of them have the time they are called 

upon to devote to duties outside of what must be considered legitimate 

·offi~ial duties, by having them performed by some one else, I believe 

the public service would be so promoted that as a question of economy 

there could be no provision more essential than the one embraced within 

this amendment. But, sir, beyond all that, the Senate has by a reso- lution authorized the Senators to employ these clerks and has pledged 

it-.elf to .pay for their employment. I should like to know whether 

there is a Senator here who would not feel ashamed of himself if he 

should decline now to meet that expenditure? 

Mr. BAYARD. Mr. President, I think it is eminently proper that 

there should be a general expression of opinion by the Senate in relation to this subject. The Senate have not been called npon now for 

the first time to do this, but many times over there have been from one 

reason or another uggestions upon the part of the House of Representatives of controlling what I may call the details of the business of the 

Senate and the judgment of the Senate as to what is necessary for the 

public interest in providing the necessary clerical force to perform it. 

I may say that heretofore, although the Honse has from time to time 

made some demur as to the salaries given to officers of the S(>nate, their 

numbers, or the like, yet it has never gravely insisted upon its right 

to control the discretion of the Senate in that resped and the responsibility that each House has to the country for its conduct in respect of 

its own government . 

-. 
1884. CONGRESSIONAL RECORD- SENATE. 6051 

It is perfectly obvious that there is a very serious principle attached 

to this. One of the main methods by which the freedom of the Ameri- can people was sought to be preserved is in the separation of powers, 

and part of the separation of powers is in the independence of the two 

Houses of Congress of each other. We therefore find in the fun dam en tal 

law, in the Constitution of the United States, the provision that each 

House shall determine the rules for its own government, and that each 

House shall choose its own officers. Under that they organize; and the 

power and oftentimes the duty of the two Houses is very different. 

We know that in the Honse of Representatives the Speaker ofthe Honse 

organizes every committee. We know that in the Senate the presiding 

officer organizes none, whether he be the President pro temp(}re or the 

Vice-President. The power is wholly different. The duties of our 

officers are not the same as the duties of corresponding officers of the 

House of Representatives, and each Honse is the proper judge of what 

the public interest is in the creation of minor nd clerical offices for the 

performance of those duties. 

Where do we obtain our knowledge of the necessity for the employment of clerks in the Departments? Obviously from the executive 

branch. We learn it from the Secretaries of the various Departments 

and from the chiefs of bureaus, and I have been here too long and always in a minority, always in what iscalled opposition to the existing 

administration, not to have seen time and time again the unquestioned 

response of both Houses of Congress to the reasonable demand of an executive officer for an increase of his clerical force. 

There is not only an obvious propriety but there is an especial comity 

in this. It is quite impossible for the various branches of this great 

Government to be carried on without the constant spirit of comity between them. There are responsibilities that each branch must take 

for itself, and for the abuse of that power it is responsible to public 

opinion; and that, after all, is to be the great cure for these things. 

I am a member and have been ever since I came to the Senate of the 

Committee on .Finance. That committee never employed but a single 

clerk; yet it is the corrooponding committee· to the CommitteeofWays 

and Means oftbe House, and the CommitteeofWays and Means ofthe 

Honse have long had two clerks; but they needed them, and if they 

told us they required a third or a fourth I should let the gentlemen of 

the ot~er House on that committee instruct me on that subject and vote 

accordingly. I cite this as an illustration. 

There may bea verypenny-wiseandpound-foolisheconomy. !take 

it that a man who is :fit to be intrusted with the conduct of important 

public business by the American people simply wastes his time when 

an ordinary clerk, a man possessing no judicial power but acting simply ministerially in his office, can perform the work as well or better 

than the legislator himself. Therefore it is a false economy to the interests of the people whom we represent to be spending time in copying letters that must be copied, in procuring documents that must be 

procured, in consulting records tha~ must be consulted, in carrying mes- sages that must be borne; there is an obvious propriety iu having the 

proper assistance for these ends, and it is simply a waste of time for men who are considering grave questions oflegislation, involving important interests, to be spending their time in such things. No sensible man would do it in his private affairs; and I think no just-minded 

public man would do it. 

The day does not contain hours enough for the performance of such 

duties, alone and unaided, by a man actively engaged in legislation. I 

speak that which I know from my own experience, from my own knowledge of the labors of those who are my associates in this body. Therefore it is that I think when this question is presented, as it no doubt 

will be by the committee of conference on the part of the Senate to the 

House, they will see that it is necessary, it is proper, it is constitutional 

that the House should take the judgment of the Senate on all matters 

connected with the detail of the performance of their public duty and 

that we on the other hand should be ready, as I believe we always have 

been ready and willing, to accept the deliberate judgment of the House as to what is essential for them in the performanceoftheirshareofthe 

public business. 

I have only said this, speaking from this side of the Chamber, that 

there may go to the co-ordinate branch of Congress one united voice and 

opinion of the Senate on this question. It is not a petty clamor for 

small ad vantage, for individual convenience, but it is an exercise of high 

and proper and responsible discretion by this body in the execution of 

.its public duties and powers. We know best whatour officials do; we 

recognize best their skill or their want of it, their abilityortheirwant 

of it, their labor or the absence of it, and I am sure that when judgment is to be passed upon that and compensation to await that judg- ment, the Senate is the proper and it is the only body whose opinion can be heard and should prevail on such a subject. 

I hope, therefore, that I may be right in suppo ing that this is the 

unanimous view of this body, not expressed in any temper because it 

would be unbecoming the matter and unbecoming ourselves, but simply 

to assert what has been asserted over and over again and never denied, 

always admitted, always agreed to, that in matters like this the Senate 

is to judge of its own duties and its own powers. 

Mr. MAXEY. Mr. President, being the chairman of a committee, 

I am not a beneficiary of the matter in dispute between the Senate and 

House, and therefore I shall speak with perfect disinterestedness. 

I know the fact to be, of my own personal know ledge, that the whole 

of my time is taken up in the discharge of my Senatorial duties. For more than eight years I have beencompelledabsolutely toabandon the 

pra<:tice of my profession. My income from that source, which was considerable before I came here, is entirely cut off. I do noth~g whatr 

ever in the way of making money save and except receiving tbesalary . which I get for attending to the business of the people. Now I say I 

know as a business man that it is worse than folly to reqfiireaSenator 

to discharge mere clerical duties which can be equally well discharged 

by a clerk, because it takes up that much time which should be devoted to the consideration of important business pending on the Calendar; and I ask every Senator here if it is possible for him to be intelligently advised as to the bill upon which he is calledonto actwhen 

he is required to take up averylargeportionofhis time in correspondence and fu attention to the business of his constituents in the various 

Departments of the Government? You might as well say to a :firstclasslawyerthatheshouldgo outandcollectthelittleaccounts, the mere trifling business and drudgery of an office, as to require a Senator to 

discharge this duty which can be equally well done by a clerk. A 

client would complain of that, because he would say, '' I employed 

that man and paid him to attend to my business, yet he is wasting his 

time with mere drudgery work to the detriment of my case." Equally 

the people can say that where we spend our· time upon mere trifling 

details, which could be just as well attended to by a clerk as by a Senator, we lose that time which ought to be devoted to the public interests. 

So I say that, in my judgment, the Senate has a perfect right to determine that question for itself, and I for one believe that the Senate 

should insist upon the action which it baa taken, and I do that wholly 

disinterested! y. 

Now, a word on the other point which I suggooted to the Senator .from Iowa in the course of his explanation. If it is to be a mere matter 

of raising a hue and cry about expenditure, if that is the point made, 

I say that there is :five times as much expended in the publication of 

speeches never delivered and which thepeoplehavetopayforas is wisely 

and economically expended in the employment of clerks to aid Senators 

in the discharge of their duties. I differ from the Senator from Ohio in 

this, that I think the matter should be left entirely to the control of 

the committee of conference and let the conferees determine these i terns. 

I have perfect confidence in them, and believing they will carry out 

the will of the Senate, and not doubting what that will is, I, fur one, 

think the Senate should insist upon the work which has been done. 

Mr. SHERMAN. I am willing entirely to follow the advice of the 

Senator from Iowa in respect to the motion I made; but I wish to say 

that while I concur heartily in what is said about the propriety of the 

Senate regulating its own expenses, governing the number of its own clerks, saying what officers or aids are necessary to carry on its business, yet when we stand upon that rule and insist that the House- shall 

not interfere with us in our judgment as to what we think is necessary 

to enable us to carryon ourpublicduties, weougbtnottoputourselves 

in the inconsistent position of demanding of them a surrender of their 

right to control what is contained in their record and to forbid them 

from allowing certain things to be published in the record of their own proceedings. If we were to recede from our amendment on that matter I think it would strengthen our position. I should be perfectly 

willing after another conference that the Senate should recede from the 

amendment it made to this bill in regard to the records of the House, 

and having done that, that we not only insist upon our amendment as 

to our contingent expenses and also on our opposition to the legislative 

provisions the House has inserted in the bill, but I would be willing .to move to adhere, and stand by that adherence. 

But, Mr. President, we can not come here and complain about the 

Honse while we do the same thing that they do about which we com- plain. These two propositions are on all fours· with each other. We 

say to the Honse we make a law which changes existing law-a new law. There is no law now on the statute-book which says what shall 

beputin the RECORD. Each House mustjudgeofthatforitself. Now we put upon tb,is bill a law which changes existing law and which violates one of the principles that we have been talking about, and that 

is to put legislation on this appropriation bill. We object to the legislative amendments the House has put on this appropriation bill. Why? 

Because an appropriation bill is not the proper plaee to consider great 

changes of the law. It ought to be a mere means of carrying out the 

existing law. But we violate that principle ourselves squarely by proposing to.change the law in the legislative appropriation bill, a bill that 

provides for the salaries of the President, of all the officers of the execu- tive branch of the Government, and of the judiciary branch of the Government, and of the legislative department. We put on it an amendment, a condition precedent, which the House must concur in or we 

must back out of, that there shall be no appropriation for any of the 

officers of the Government until the House will consent to a change-of 

the law which will restrain them in their power to relieve themselves 

from. the tedium ofhaving speeches read instead ofbeing printed in the 

RECORD. That is our position. If we want to make a contest with the 

House or want to have this matter determined, I say we ought to be 

ourselvesjust, we ought to conform to the rules we apply to them; and we ought not to insist upon any amendment that violates those rules. 
6052 CONGRESSIONAL RECORD- SENATE. JULY 5, 

Now, sir, it is just as bad for us to say to the House what shall be 

published in the RECORD as for them to say to us whether we shall 

have secretaries or not. If we want to go before the House with strength 

and speak to our brethern who are our equals and our co-ordinate branch 

of the legislative authority, we ought ourselves to conform to the rules 

that we talk about for them. 

The proposition I made was intended to relieve the committee of 

conference from the embarrassment of their position by ourselves 

withdrawing t):om an amendment which interferes with what has been 

done time out of mind, ever since the Globe and the RECORD were publislied. If we relieve the con1erees in that respect, we shall then be in 

a position to say that we will stwld by our right to regulate our family 

here, our pages, our clerks, their number, their pay, &c. But I say 

again that I will do just rus the Senator from Iowa who has charge o:( 

this bill desires and will withdraw my motion or insist upon it as he 

deems proper. 

Mr. ALLISON. I hope the Senator from Ohio will withdraw his 

suggestion that the Senate recede from this provision, and I think from 

indications now given to the conferees that'theywill be able to handle 

this question as it ought to be handled. 

I want to say a word or two with reference to the matter of legislation, beca,use after all there is where the serious differences exist between 

the two Houses. The other branch insist that they shall bring into 

their appropriation bills important subjects of legislation entirely sepa-

:rate and distinct from appropriations. The Senate, so far as I know, 

have never undertaken to do such a thing; and I think the Senator from 

{)hio is mistaken when he states that the amendment as to the publica-

-tion of undelivered speeches is legislation in the sense of the term as 

.applied to the House legislation. 

Mr. SHERMAN. It is a new law. 

Mr. ALLISON. There is nolawon thesubjectnow. Imerelyrefer 

to this to show that the Senate has not violated its rule in this amendment, which was intended to be a limitation upon the appropriation 

which precedes the provision with reference to the very question of reporting the debates. It is in the nature of a regulation as to what shall 

go into the RECORD for which we make an appropriation of $25,000 in 

the clause to which we atta.ched the proviso. 

I wish to call the attention of Senators to the fact that the House insist in these bills that they shall present to us legislation upon them; 

and although we have had no time to consider that legislation, whether 

it is proper or improper, whether it is wise or otherwise, they say we 

must take it. The conferees on tlte part of the Senate have insisted 

that where the House propose to change 'the existing law they have 

no right to insist upon that change as a condition of appropriations of 

money for the purpose of carrying on the ordinary operations of the 

Government; and there is where our difficulty lies to-day. We could 

settle these little questions with reference to the amounts of appropriation. The real difference between the two Houses to-day is whether 

we shall put upon these bills important legislation, some of it not examined at all by the committees of the Senate having charge of the 

question, some of it vicious and absolutely wrong in principle; and 

when we get rid of that great question, when we say once for all that 

we intend that no legislation changing existing law in important matters shall go upon the appropriation billS, we shall have eliminated 

from the differences between the two Houses the great question which 

now divides them. 

Mr. BAYARD. May I ask the S.enator a question? 

Mr. A'LLISON. Certainly. 

Mr. BAYARD. I agree with the Senator from Iowa in respect of the 

vice of ingrafting general legislation on appropriation bills. I do not 

propose to repeat again what I have so often said on that subject; but 

I may ask the Senator if it is not a poor rule that does not work both 

ways, and whether the Sep.ate must not respect the doctrine in its own 

action, as it calls on the House to do so? 

Mr. ALLISON. So I understand. 

Mr. BAYARD. In the present case there is a conference which has 

reported <lisagreement as to the naval appropriation bill, where there 

has been general legislation put on by the Senate increasing the Navy, 

in a very proper manner as I consider, because when the measure was 

brought before the Senate as a separate proposition I gave it my voice 

and my vote; but when it was ingrafted upon an appropriation bill 

under the idea that our rules permitted it, I considered even if the rules 

permitted it it would not be a proper method of reaching the end, and 

I think to-day that there is a conference now pending between the two 

Houses, in which the difference is that the Senate insists upon general 

legislation respecting the Navy and the House objects to it. 

Mr . .ALLISON. The Senator will remember that when that bill 

came before the Senate the very question was raised here under our rules whether the provision to which the Senator alludes was legislation. As a matter of course if it was legislation it would have gon.e 

out of the bill, but the presiding officer ruled that it was a mere appropriation of money for the purpose of carrying on one of the ordinary 

operations of the Government, and therefore not legislation. 

Mr. BAYARD. I think, with all due respect, that it was argued 

here by the gentleman having charge of the bill that the phrase in the 

rules which permitted a bill to be ingrafted upon an appropriation bill 

by way of amendment if it had passed the f?enate at the same session 

made the proposition in order. There was a bill creating this number 

of cru~rs which had passed the Senate, and because it bad passed the 

Senate in that form it was said to be appropriate as an amendment to 

an appropriation bill under the Senate rule. But I do not care whether 

it was in order under the Senate rule or not, the same principle that 

my friend has denounced here, and in which I concur with him, is involved. The question is whether under the guise of providing money 

to execute existing laws you are to iltclude matters of geneml legislation and make the essential appropriations depend upon consent to 

those measures. 

Mr. ALLISON. I will state in response to the Senator my own view 

in reference to that question, which is that if we have ingrafted legislation upon that bill or any other bill it is our duty, upon the request 

of the House, to abandon it. . 1\fr. BAYARD. I ag:~;ee with the Senator. · 

Mr. ALLISON. I tb!nk I would go further, and in some of the conferences we have had we have gone further, as, for example, upon the 

deficiency bill that we reported yesterday. There the House insisted 

that it was not the duty of either branch of Congress to respect the settlements made by the accounting officers of the Treasury; that we had 

the right in the two Houses to go behind the settlements made by 

accounting officers of the Treasury, and to appropriate or refuse to 

appropriate money, notwithstanding accounts had been settled. 

We said to. the conferees on the part of the House, ''If you refuse to 

appropriate the money, so be it; we can notcompelyou to appropriate 

money in excess of what you believe is necessary to carry on the Government; if you do not appropriate enough money it will be the duty 

of the President of the United States to convene Congress again and 

seek further appropriations.'' Therefore we have surrendered many 

appropriations on these bills which we believed were not only necessary and proper to carry on the Government, but which we believed 

the Government was bound in honor and good faith to make in order 

to pay accounts found due by the accounting officers of the Treasury. 

If there is on any appropriation bill legislation proposed by the Senate, 

for une I am ready to abandon that legislation. I do not think we ought 

to insist upon it. If we can not a.gres as to the amount that ·shall be 

appropriated for the maintenance of the Navy, it is our duty to make 

concessions to the House with reference to the maintenance of the Navy, 

in order that the ordinary operations of the Government may go on in 

reference to the different Departments. 

I believe the Senator from Ohio has withdrawn his motion to recede. 

Mr. SHERMAN. I do so now, if the Senator thinks it wiser. 

The PRESIDING OFFICER (.Mr. PLATT in the chair). Themotion 

to recede from the action of the Senate upon the amendment No. 27 is 

withdrawn. 

Mr. ALLISON. I ask that the Senate further insist on its amendments. 

The PRESIDING OFFICER. The question is on the motion that 

the Senate further insist upon its amendments not settled by the conference report and agree to the further conference asked by the House. 

The motion was agreed to. 

By unanimous consent, the President pm tempore was authorized to 

appoint the conferees on the part of the Senate, and Mr. ALLISON, Mr. 

DAWES, and Mr. HALE were appointed. 

ENROLLED BILLS SIGNED. 

A message from the House of Representat;ives, by Mr. CLARK, its 

Clerk, announced that the Speaker of the House had signed the following enrolled bills and joint resolutions; and they were thereupon signed 

by the President pro tempore: 

A bill (S. 838) to consolidate the Bureau of Military Justice and the 

corps of judge-advocates of'the Army, and for other purposes; 

A. bill (H. R. 5709) to amend article 72 of the Rules and Articles of 

War 

A bill (H. R. 7012) making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, 

and for other purposes; 

Jomt resolution (H. Res. 260) authorizing the printing an~ binding 

of additional copies of the reports of the National Board of Health; and 

Joint resolution (H. Res. 276) providing for the printing of 50,000 

copies of the :first annual report of the Bureau of .Animal Industry. 

INTERsTATE COMMERCE. 

• The Senate, as in Committee of the Whole, resumed the consideration 

of the bill (S. 2112) to establish a commission to regulate interstate 

commerce, and for other purposes. 

Mr. MILLER, of New York. It must be evident to the Senate that 

it is impossible at this time to dispose of this bill in an intelligent manner. It is a very imi><>rtant bill. The principle of the bill I am in en- tire sympathy with. I believe in the appointment of a Federal com- mission to investigate the question of interstate commerce and to have 

some control over the railroads; but this bill, as it has been reported 

here and as we are to judge from the digest which we have heard of it 

this morning, is certainly one of the most important bills that have come before us, and the Senate should take full time to consider it and 

perfect it. As it is impossible for the bill to become a law at this ses-
1884. CONGRESSIONAL RECORD-SENATE. 6053 

sion even if it should pass the Senate to-day, I think it must be evident to all that it would be wise to postpone its further consideration 

until the beginning of the next session. 

I move that the fuTther considern.tion of the bill be postponed until 

the second Monday in December next at 2 o'clock. 

Mr. CULLOM. I hope an earlier <L'I>y will be named. The day suggested has already been fixed fm; another measure. 

Mr. MILLER, of New York. I will modify my motion at the request 

of the Senator from Illinois by moving that the bill be postponed until 2 

o'clock on the first Thursday after the first l\Ionday of December next. 

The PRESIDING OFFICER (.Mr. PLATI). The Senator from New 

York moves that the further consideration of the bill be postponed lllltil 

2 o'clock on Thursday after the first Monday of December next. 

Mr. CULLOM. I have been and still am very anxious that this bill 

should pass during this session of Congress, but it seems to be the j udgment of many Senators that it is impossible for it to become a law at any 

rate during the present session of Congress; and while I do not consent 

to a postponement of it, yet I am willing to yield to the judgment of 

the Senate on the question, provided it is made the special order for 

Thursday after the first Monday of December next. 

The PRESIDING OFFICER. That is the motion. 

The motion was agr~ to. 

IOWA RAILROAD LAND GRANT. 

Mr. PLUMB. I ask unanimous consent to be allowed at this time 

to make a report from the Committee on Public Lands. It is in regard 

to forfeiting certain lands in the State of Iowa. 

The PRESIDING OFFICER. The Senator from Kansas asks co.asent to make a report. Is there objection? The Chair hears none, 

and the report will be received. 

Mr. PLUMB. I am instructed by the Committee on Public Lands, 

to whom was referred the bill (H. R. 7299) forfeiting a part of certain 

lands granted to the State of Iowa to aid in the construction of railroads in that State, and for other purposes, to report it back favorably 

with an amendment. 

I ask unanimous consent of the Senate to consider the bill now. The 

Senators from Iowa are fa,miliar with the facts. There are in the neighborhood of 80,000 acres of land in that State granted to the State of 

Iowa for the purpose of building the Sioux City and Saint Paul Railroad. Such portion of the road as was built at all or as is ever expected 

to be built was built within the proper time, but a portion of it was 

not built by reason of the fact that connection was made with another 

road, which obviated the necessity of doing it. That left about 80,000 

acres ofland which the railroad company did not earn and which have 

been settled upon, but no title can be acquired, for the reason that the 

burden of the grant has not been removed by legislation. 

The bill as it came from the House proposed certain expensive and 

somewhat involved legal proceedings. The Senate committee in considering the matter have stricken those ont and adopted what they believe to be a fair and at the same time simple method of determining 

the amount of land to be forfeited in such a way as to do justice both 

to the settlers and the railroad company, giving the company all it is 

entitled to by reason of what it has built; and while I am not prepared 

to say that it meet.s with the concurrence of the Senators from Iowa, 

they are at all events very desirous that it shall be settled. As the bill 

is amended~ it must go back to the House of course and probably be 

submitted to a conference, and whatever defect there may be in details 

that is not met by the amendment of the committee can be arranged 

by the conference committee so as to be entirely satisfactory to the 

parties in interest. 

The PRESIDING OFFICER. The Senator from Kansas asks unanimous consent that the Senate now proceed to the consideration of the 

bill just reported by him. Is there objection? 

Mr. McMILLAN. Yes, sir. There are large and important interests involved in that matter. 

Mr. PLUMB. I ask leave to withdraw he report. 

The PRESIDING OFFICER. The Senator from Kansas asks leave 

to withdraw the report. Is there objection to that? 

Mr. MciDLLAN. If it is to be withdrawn for the session--

Mr. PLUMB. I will settle that when I get it. I ask permission to 

.withdraw the report. 

The PRESIDING OFFICER. If there be no objection the Senator 

from Kansas will have leave to withdraw the report. 

ELIZA A. SHEALEY. 

Mr. BLAIR. I ask leave at this time to make several reports from 

the Committee on Pensions. I report first the bill (H. R. 2245) granting a pension to Eliza A. Shealey, a.Hd request that the bill be put on 

its passage. 

· The Secretary read the title of the bill (H. R. 2245) granting a pension to Eliza A. Shealey. 

Mr. MITCHELL. I suggest to the Senator that it would be much 

more expeditious to have all these bills reported nd then take them 

aJ.l up by unanimous consent. 

Mr. BLAIR. I have no objection to that, only I thought we could 

get thrpugh quicker in this way. 

' 

The PRESIDING OFFICER. The Senator from New Hampshire 

withdraws his request, and the bill goes to the Calendar. 

:Mr. BLA.ffi. I do not wish to do that. I ask unanimous consent 

that pension bills ready for report at the hands of members of the committee or others may be now reported and considered. ["No objection ! "'] . 

The PRESIDING OFFICER. The Senator from New Hampshire 

asks that pension bills which are now ready for report may, as they are 

reported favorably, be considered. Is there objection? 

Mr. SHERMAN. Subject to objection. 

Mr. BLAIR. Very well; -subject to objection. 

The PRESIDING OFFICER. Subject to objection. Is there objection to the suggestion? The Chair hears none, and that will be considered to be the order of the Senate. The bill reported by the Senator 

from New Hampshire will be read. 

The Chief Clerk read the bill (H. R. 2245) granting a pension to Eliza 

A. Shealey, and the Senate, as in Committee of the Whole, proceeded 

to consider it. It proposes to place on the pension-roll during widowhood the name of Eliza A. Shealey, widow. of Daniel Shealey, late sec- ond lieutenant of Compa1:y E, Second Maryland Regiment of Cavalry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

ALICE T. SHERWOOD. 

Mr. BLAIR. I report favorably from the Committee on Pensions 

the bill (H. R. 1970) for the relief of Mrs. Alice T. Sherwood. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Mrs. Alice T. Sherwood, widow 

of Joel T. Sherwood, late captain Company A, Twenty-eighth Indiana 

Volunteers. 

The bill was reported to the Senate \vithout amendment, ordered to 

a third reading, read the third time, and passed. 

SARAH DENNY RIPLEY. 

Mr. BLAIR. I report favorably from the Committee on Pensions 

the bill (S. 150) granting a pension to Sarah Denny Ripley. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Sarah Denny Ripley, widow 

of Brig. Gen. James W. Ripley, deceased, late Chief of Ordnance, United 

States .Army, at $50 per month. 

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

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

ABBY S. SLOCUM. 

Mr. V .AN WYCK. I report favorably from the Committee on Pensions the bill (S. 1427) granting an increase of pension to Abby S. 

Slocum. 

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

bill. It proposes to place the name of Abby S. Slocum, widow of John 

T. Slocum, late colonel of the Second Rhode Island Volunteer Infantry, on the pension-roll at the rate of$50 per month, in lien of the pension 

she now receives. 

• The bill was reported from the Committee on Pensions with an 

amendment, in line 5

1 before ''Slocum,'' to strike out '' T. '' and insert 

"S. ;" so as to read ' John S. Slocum." 

The amendment was agreed to. 

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

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

third time, and passed. 

HIRAM C. HENDERSO:N. 

Mr. VANWYCK. I report favorably from the Committee on Pen-. 

sions the bill (H. R. 503) granting a pension to Hiram C. Henderson.. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Hiram C. Henderson, late a private in Company I<', Fifty-first Regiment Indi.ana Volunteers. 

The bill was reported to the Senate without amendmen.t, ordered to 

a third reading, read the third time, and passed. 

ANN HUNTER. 

Mr. VAN WYCK. I report favorably from the Committee on Pensions the bill (H. R. 3493) granting a pension to A.nn Hunter. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of A.nn Hunter, foster-mother of 

Mitchell Hunter, late a private in the Sixth Regiment Maine Volunteers. 

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

a third reading, read the third time, and passed. 

MICHAEL SHIELDS. 

Mr. VAN WYCK. I report favorably from the Com.IDittee on Pensions the bill (H. R. 3321) granting a pension to Michael Shields. 

The bill was considered~ in Committee of the Whole. Itproposes 

to place on the pension-roll the name of Michael Shields, late a private 

in Company G, Fifty-~venth Regiment New York Volunteers. 

The bill was reJK>rted to the Senate without amendment, ordered to a third reading, read the third time, and passed. 
6054 CONGRESSIONAL RECORD-SENATE. JULY 5, 

JA.MES CLARK. 

Mr. VAN WYCK. I report favorably from the Committee on Pensions the oill (H. R. 4694) granting a pension to James Clark. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of James Clark, late of Company 

A, Seventh Kansas Regiment. 

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

a third reading, read the third time, and passed. 

WILLIAM IRVING. 

Mr. VAN WYCK. I report favorably from the Committee on Pensions the bill {H. R. 6677) to increase the pension of William Irving. 

The bill was considered as in Committee of the Whole. It proposes 

to increase the pension of William Irving, late lieutenant-colonel of the 

Thirty-eighth Ohio Veteran Volunteer Infantry, to $40 per month. 

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

DECATUR HAMLIN. 

Mr. VAN WYCK. I report favorably from the Committee on Pensions the bill (H. R. 2070) granting a pension to Decatur Hamlin. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Decatur Hamlin, employed as 

scout for the Tenth Regiment Indiana Volunteers, and who, while in 

action, received wounds that compelled the amputation of a leg. 

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

.M.r. VAN WYCK. I report adversely from the Committee on Pensions the bill (S. 1632) granting a pension to Decatur Hamlin, and I 

move that it be indefinitely postponed. 

The motion was agreed to. 

LAURA J. GODDARD. 

Mr. VAN WYCK. I report from the Committee on Pensions favorably the bill (H. R. 5544) for the relief of Laura J. Goddard. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Laura J. Goddard, widow of 

Elisha M:. Goddard, formerly a private in Company C, Sixth Regiment 

Vermont Volunteers. 

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

ALONZO COOPER. 

Mr. VAl.~ WYCK. From the Committee on Pensions I report favorably the bill (H. R. 5889) granting a pension to Alonzo Cooper. 

The bill was considered as in Committee of the Whole. It proposes 

to place the name of Alonzo Cooper, late first lieutenant of Company 

F, Twelfth New York Cavalry, war of the rebellion, on the pensionroll. 

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

ASA DYE. 

Mr. VAN WYCK. I report from the Committee on Pensions favorably the bill (H. R. 6589) for the relief of Asa Dye. 

The bill was considered as in Committee of the Whole. It proposes 

.W place on the pension-roll the name of Asa Dye, formerly of Company 

:J., Tenth Regiment New York Volunteers. 

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

.a third reading, read the third time, and passed. 

MARY ANNA EGAN. 

Mr. VAN WYC:K. I report from the Committee on Pensions favor-

..:ably the bill (H. R. 3979) granting an increase of pension to Mary Anna 

.Egan. 

The bill was considered as in Committee of the Whole. It proposes 

-to grant Mary Anna Egan, widow of the late James Egan, a captain 

j n the United States Army, a pension at the rate of $40 per month, in 

:lieu of the pension now paid her. • 

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

PAULINE E. MILLIKEN. 

Mr. MITCHELL. I am directed by the Commi~tee on Pensions to 

report back favorably the bill (H. R. 4492) for the relief of Mrs. Pauline E. Milliken. ... The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Pauline E. Milliken, widow 

of George A. Milliken, late a corporal in Company I of the First Minnesota Volunteers. 

The bill was reported to the Senate without amendm~nt, ordered to a third reading, read the third time, and passed. 

JAMES AARON. 

Mr. MITCHELL. From the Committee on Pensions I report favorably the bill .(H. R. 4254) granting a pension to James Aaron. 

The bill was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of James Aaron, late of Company 

f 7 Ninety-first Regiment of Pennsylvania Volunteers. 

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

PRINTING OF PENSION DOCUMENTS. 

Mr. MITCHELL. In this connection I ask that an order be made 

for a reprint of the Mexican pension bill and the letter of the Commissioner of Pensions relating to the estimate. The print is exhausted 

in both cases, and there is great demand for the documents. 

The PRESIDENT pro tempore. The resolution proposed by the Senator from Pennsylvania will be read. 

The Chief Clerk read as follows: 

&sol~d1 That there be printed 3,000 copies of HoWle bill 5667, the Mexican 

pension bill, as it passed the Senate, and 3,000 copies of Senate Miscellaneous Document No.107 o! this session, 1,000 of each for the use of the Senate, and 2,000 

of each for the use of the House of Representatives. 

The PRESIDENT pro tempore. The resolution will be referred to 

the Committee on Printing. 

Mr. MITCHELL. I should be glad to have it acted upon now. 

Mr. HA. WLEY. The Senator from Pennsylvania submitted the resol~tion to me, but I am unable to find my colleague on the committee. 

I think there can be no possible objection to the resolution. The cost 

is small. 

The PRESIDENT pro tempore, The rule requires a reference to the 

Committee on Printing, but by unanimous consent the reference may 

be dispensed with. The Senator from Pennsylvania asks unanimous 

consent that the resolution be now considered without reference. Is 

there objection? 

Mr. MORGAN. I should like to know from the Senator why it 

is that so large a number of the bill is required to be printed? 

Mr. MITCHELL. Because there is so much demand for it. The 

man who has charge of the document-room informs me that there is a great demand for the bill and report. · 

Mr. MORGAN. If it is to serve as a political dooument I do not 

think it is the right thing to do. 

The PRESIDENT pro tempore. Is there objection? 

:Mr. MORGAN. I object. 

The PRESIDENT pro tempore. Objection is made, and the resolution 

will be referred to the Committee on Printing. Reports of committees 

ar~ now in order~ 

AWARDS UNDER SPANISH TREATY. 

Mr. :MORGAl.~. The Committee on Foreign Relations have instructed 

me to report back adversely the following resolution, contained in Miscellaneous Document No. 70: 

Resolved, That the President of the United States be, and he is hereby, re- quested to institute negotiations with the government of the King of Spain for a r eference to an umpire for decision of the question whether the treaty of 1819 has been fully carried into effect by the United States, and whether the Govern- ment of the United States is bound in good faith to pay the full amounts awarded 

hy the judicial tribunals to whom the same was referred for the payment of the 

losses sustained from the forces acting under the orders of the United States in 

1818-'19, including interest and damages thereon. Also all other questions arising under said treaty in which it is claimed by the government of Spain that the United States of America have failed to perform and carry out the same, and to settle and finally decide what amounts, if any, remain to be paid by the United 

States. 

The Senator from Vermont [Mr. EDMUNDS] dissents from the report, 

and I ask that the resolution be placed on the Calendar . 

The PRESIDENT pro tempore. The resolution will be placed on the 

Calendar. . Mr. EDM~DS subsequently said: I ask unanimous consent to say 

that when the Senator from Alabama [Mr. MORGAN] thismomingreported a resolution touching certain claims under the treaty with Spain 

of 1819, at my suggestion he stated that I was opposed to the report. 

I asked him to say that, but I misunderstood the nature of the report 

as I was not present at the meeting of the committee that discussed it. 

I wish to say now that I concur in the conclusion that I find the committee reaehed. 

WILT.,t[AM M1GARRAHAN. 

Mr. MORGAN. At the request of the Senator from Kentucky [Mr. 

BECK J I move to reconsider the vote· by which the bill (S. · 603) for the 

relief oi William McGarrahan was indefinitely postponed yesterda-y. 

I know nothing about the merits of the bill, but the Senator from Kentucky was going away and asked me to enter the motion. 

The PRESIDENT pro tempore. The motion to reconsider will be 

entered. If there be no further reports of committees bills and joint 

resolutions are ·now in order. 

FOREIGN LABOR CONTRACTS. 

Ur. BLAIR. If it is in order, or as soon as the mo.rning business is 

dispo ed of, I move to proceed to the consideration of the bill (H. 

R. 2550) to prohibit the importation and migration of foreigners and 

aliens under contract or agreement to perform labor in the United 

States, its Territories, and the District of Columbia. 

The PRESIDENT pro tempore. Pending the call for bills and joint 

resolutions the Senator from New Hampshire asks unanimous consent 

that the Senate now proce~ to the consideration of the bill he has indicated. 

Mr. DOLPH. I call for the regular order. 
·1884. CONGRESSIONAL RECORD-SENATE. 6055 

The PRE'3IDENT pro tempore. The regular order is called for. The 

introduction ·of bills and joint resolutions is in order. 

BILLS INTRODUCED. 

Mr. CAMERON, of Pennsylvania, introduced a bill (S. 2365) for the 

relief of First Lieut. A. R. Egbert, Second Regiment United States Infantry; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on Military Affairs. 

Mr. CULLOM introduced a bill (S. 2366) for the relief of Joseph W. 

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

papers, referred to the Oommittoo on Claims. 

Mr. HOAR introduced a bill (S. 236'7) granting a pe.BSion to Sarah 

A. White; which was read twice by its title, and referred to the Committee on Pensions. COMMITTEE ·SERVICE. 

The PRESI~ENTpro tempore. The Chair begs to call the attention 

of the Senate to an appointment which WM made a few days ago on the 

Committee on Commerce, the Senator from California [:Mr. FARLEY] 

in the place of Mr. SLATER, resigned. It was not stated in the reques~ 

that the Chair should appoint what order this gentlemen should take 

in the list of the committee, and the rules provide that the appointment shall not be made withouttheconsent ofthe Senate for any particular place. The Chair understands that it is agreeable to the gentlemen concerned that Mr. FARLEY should resume his old place on the 

committee, standing next below Mr. COKE. . If there be no o~jection 

that arrangement will be made. · 

FISHERIES ON PACIFIC COAST. 

Mr. BLAIR. I now move- The FRE'3IDENT pro tempore. "Concurrent or other resolutions" are in order. The Chair lays before the Senate a resolution that came over from a previous day, offered by the Senator from Oregon [Mr. 

DoLPH]. The resolution will be rea{}. 

The Chief Clerk read the resolution submitted yesterday by Mr. 

DoLPH, as follows: 

Resolved, That the provisions of the resolution of the Senate adopted July4, 

1884, authorizing the Committee on Fisheries to sit during the recess of on ress , 

&c., be extended to and embrace therein the Pacific coast; and said com ruittee be, a.nd it is hereby, authorized to investigate concerning Congressional legislation required for the regulation of fisheries in the bays and arms of the sea. and . lakes a.nd rivers upon sa.id coast. 

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

resolution. 

Mr. BLAIR. Is that subject to objection? 

The PRESIDENT pro tempore. It is not. It comes over, having 

been objected to, from yesterday's sitting. The question is on agreeing to the resolution. 

The resolution was agreed to. 

BACKBONE RAILROAD GRANT. 

The PRESIDENT pro tempore. The Chair lays before the Senate a. resolution offered by the Senator from Alabama [Mr. MoRGAN] which 

comes over to this day under objection from a previous day. The res- olution will be read. 

The Chief Clerk read the resolution submitted yesterday by Mr. 

MoRGAN, as follows: 

Resolved, That the Committee on Public Lands is instructed to investigate the 

entire subject of the transfer of the land grant from the railroad company known as the Backbone railroad company to the New Orleans Pacific Railroad Com- pany, a.nd shall have.power to send for persons a.nd papers and leave to sit in 

the recess of the Senate in the most convenient place for such investigation. 

2. That said committee have leave to act by a. subcommittee a.nd to appoint a. stenographer, clerk, a.nd messenger. 3. The expenses of such committee shall be paid out of the contingent fund of 

the Senate, to be audited a.nd allowed by the Committee to Audit a.nd Control 

the Contingent Expenses of the Senate. · 

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

resolution. 

Mr. BLAIR. :Mr. PresidentMI. PLUMB. I hope the Senator from Alabama--

Mr. BLAIR. I rise to a parliameutary inquiry. 

The PRESIDENT pro tempore. The Senator from New Hampshire 

has the floor. 

Mr. BLAIR. The morning hour having expired, I desire to know 

under what rule or for what reason the resolution is now in order, or if in order for what length oftime it may remain so. . The PRESIDENT pro tempore. Unanimous consent having been 

given this morning to proceed with a bill that came over from yesterday in charge of the Senator from Illinois [Mr. CULLOM] and to take 

up pension bills previous to the call for the regular order, the Chair 

bas construed, as be believes CQrrectly, that the time thus consumed was not to be taken out of the time of ordinary morning business. The 

Chair has therefore proceeded to call for petitions, reports, and bills, 

without objection. The Chair holds that the resolution is regularly 

before the Senate. 

Mr. BLAIR. But for how long a time? The morning hour would 

have expired under the ordinary rule at 1 o'clock at all events. A reso- lution of this kind may consume a very great length of time in discussion. Certainly there must be some limit by some rule in equity. If 

the morning hour still exists it must have a limitation. Before proceeding without objection, at least to the discussion of this resolution, 

if it should involve discussion, I should like to have it understood for 

bow long a time it can be protracted. ' 

The PRESIDENT pro te-mpore. That is a. matter for the Senate to 

determine. Unanimous consent having been given in the way it was, 

and the subsequent proceedings having taken place as they did, the 

Chair is unable to say how much time will be taken up under the call 

for '' concurrent or other resolutions.'' 

Mr. BLAIR. I am quite sure that during much of the time of the 

morning hour proper the present occupant of the chair was not in it. 

The time waa largely consumed by conference reports, which are privileged. I did not suppose that the morning hour could by any just rule 

be considered as extended in consequence of the fact that the morning 

hour was victimized by conference reports. I should supposethatthe 

time em braced in the morning hour was subject to the same vicissitudes 

that the remaining time followingtbemorninghour, to be sacrificed by 

the dominance of conference reports. 

The PRESIDENT pro tempore. As the Chair has stated, the Chair 

thi.nks that the point of order made by the Senator from New Hampshire is not well taken, and the question is on agreeing to the resolution. · 

Mr. BLAIR. I should be glad to know the opinion of the Chair as to how long under this morning-hour construction the resolution may consume the time of the Senate. . The PRE'3IDENT pro tempore. The Chair can not undertake to decide that at the present time. The Chair thi.nks that the resolution is now properly before the Senate. 

Mr. BLAIR. And may remain so properly until it is disposed of? 

The PRESIDENT pro tempore. That is a speculative question, which 

the Chair will not undertake to decide. 

Mr. BLAIR. It really seems to me that this question may involve 

the consumption of the entire remaining time of the session, and there 

ought to be some way of arriving at a limitation in advance. 

The PRESIDENT pro tempore. There is nothing for the Chair to decide, as he thinks, at this moment; but the Chair will suggest that the 

resolution can be terminated by a motion to lay on the table if a ma- jority of the Senate does not wish to consider it. 

Mr. BLAIR. But some other matter might come in in the same way 

in the morning hour, and the difficulty would return . Mr. INGALLS. What is the p~nding question? 

Mr. BLAIR. I move to lay the resolution on the table. 

The PRESIDENT pro tempore. The Senator from New Hampshire moves that the resolution be laid on the table. The question is on agreeing to the motion. 

Mr. MORGAN. I hope the Senator from New Hampshire will not 

take that course with it. 

The PRESIDENT pro tempore. The motion is not debatable. The 

question is on agreeing to the motion of the Senator from New Hampshire. 

Mr. PLUMB. I hope that the Senator from Alabama will notpress 

the resolution. 

The PRESIDENT pro tempore. The motion is not debatable. The 

Senator from New Hampshire moves that the resolution lie on the 

table. 

The motion was agreed to. 

FORTIFICATION APPROPRIATION BILL. 

Mr. LOGAN submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7440) making- appropriations for 

fortifications a.nd other works of defense, a.nd for the armament thereof, for the 

fiscal year ending June 30, 1885, and for other purposes, h a ving met, after full 

a.nd free conference have agreed to recommend a.nd do ree;om.mend to their re- spective Houses as follows : . That the Senate recede from its amendments numbered 9 a.nd 10. 

That the Honse recede from its di agreement to the amendments of the Sen- ate numbered 6 and 7, and agree to the same. That the House recede from its disagreement to the amendments of the Sen- ate numbered 1, 2, and 3, a.ndagree to the same with a.n amendment as follows: 

In lieu of the amended paragraph insert the following: 

"For the purchase of machine-guns of the latest improvement, $20,000. · "For the armament of seacoast fortifications, including the manufacture and 

conversion of heavy guns and carriages, projectiles, fuses, powder, and implements, their trial a.nd proof, a.nd all necessary expenses incident thereto, including compensation of dra.ughtsmeu on gun construction while employed in 

the Ordnance Bureau, $400,000, a.nd not exceeding Sl5,000 thereof ma.y be used 

for the expenses of experiments in the use of dynamit~ or other high explosive projectiles. • • And the Senat~ agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 4, and agree to the same with a.n amendment as follows: Strike out from said amendment the following words : " Said sum to be expended under 

the direction of the Secretary of War; ' ' and the Senate agree to the same. That the House recede from its disa~reement to the amendment of the Senate 

numbered 5, and agree to the same With an amendment as follows : In lieu of 

the matter proposed to be stricken out a.nd the matter propo ed to be inserted 

by said amendment insert the following: "And to make the same known to manufacturers of·ordnance on their application and to report the same to Con- gress at its next session for its approval; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 8, and agree tothesamewith an amendment as follows : In lieu of the matter propo. ed to be stricken out by said amf'ndment insert the following : •· SEc . 2. That hereafter all rifled cannon of a.ny particular materia.!, caliber, or kint.l. maue at the cost of the United States. shall be publicly subjected to the proper test, including such rapid firing as a like gun would be likely to be sub-
I 

6056 CONGRESSIONAL RECORD-SENATE. .JULY 5, -. 

jected to in actual battle, for the determination of the endurance of the same, to 

the satisfaction of the President of the United States or such persons as he may select; and he is hereby authorized to select not to exceed five persons, who 

shall be skilled in such matters; and if such guns shall not prove satisfactory, they shall not be put to use in the Government service." 

And the Senate agree to the same. 

The report was concurred in. 

JOHN A. LOGAN, 

H.L.DAWES, 

F. :M:. COCKRELL, 

Managers on ~part of the Senate. 

SAM. J. RANDALL, WILLIAM H. FORJ\'EY, 

J. WARREN KEIFER, 

Managers on the part of the House. 

it decides that it is necessary to consider the questions involved. The 

only question that would properly come in, I think, is the question of 

the legality of the transfer. That of course will be followed by the 

question whether there bas been an informal transfer or an illegal transfer, and Congress shall, notwithstanding it might find the road has been 

built in expectation of receiving the land grant by reason of whatever 

transfer has. been made, forfeit it. But it is a subject in its present 

form of view of certain things to which the Senator from Alabama alhided that would be considered undoubtedly as a reflection upon certaill persons in public lifu, and who I think ought not to be subjected 

to that reflection by the action of the Senate . . 

It is not that I think there is anything w bich they are connected with 

COMl\IIITEE ON TRANSPORTATION ROTITES. which they have withheld or prevented the investigation of; but at the . 

The PRESIDENT pro tempore. Resolutions are still in order. same time it is well in these matters to observe that courtesy which 

Mr. MANDERSON. I offer the following resolution, and ask unani- ought to exist between persons who are in the 1~.-rislature of the counmons consent that it may be considered at this time: tryassociatedtogetherindi:fferentbranchesofthelegislature. !thought 

Resolved-, That the Committee on Transportation Routes to the Seaboard be, perhaps the Senator from Alabama would consent that the resolution 

and they are hereby, authorized to sit at any place within the nited States might go over for the present at least, with the view that it might be 

during the recess of Cou.:ress, by subcommittee or otherwise, to take testimony further considered before bringing it to the attention of the Senate. I 

for the pnrpo!>e of prep::u-ing statistical data relative to freights, commodities, hope now he will not desire 10 have a debate upon this question, at this and prices, for the period from 1873 to the present time; the committee to report by bill or otherwise; and that the necessary expense thereof, including the erv- moment at all events, and that the matter will be considered privately ices of a. clerk, be paid out of the expenses for special and select committees, &c., in reference to some of the terms of the resolution. 

of the contingent fund of t-he Senate. Mr. MORGAN. The resolution contains no terms except to direct 

BACKBONE RAILROAD GRANT. the committee to make the investigation and ascertain all the facts reMr. MORGAN. I move to reconsider the vote by which the Senate lating to the transfer, without intimating that any of those facts dislaid on the table the resolution that I offered. parage the reputation of any person whatever. I make no charge 

The PRESIDENT pro tempore. The Senator from Alabama moves against anybody. No charges have been submitted to me of any imto reconsider the vote by which the Senate laid on the table the resolu- propriety of conduct on the part of any person connected with this affair; 

tion offered by him. but the facts attending the transaction as they were presented in the 

Mr. MORGAN. Is that question debatable? speech of the Senator from Colorado, and as I understand from authentic 

The PRESIDENT pro tempore. It is not debatable. The question is papers in his possession, show a case which requires in vestiga.tion; and, 

on the motion to reconsider. without intending to reflect upon any person, without meaning to 

The motion was agreed to. make any impeachment of any person o~ imputc.tion or insinuation 

The PRESIDENT p1·o tempore. The motion is reconsidered. The against any person, I think the Senate, before it can fairly act on the 

question recurs on agreeing to the motion to lay the resolution on the que-stion of the land grant, ought to invest its committee with the 

table. power to send for persons and papers and to bring out the facts in an 

The motion was not agreed to. authentic form under oath. '!'hat is my view of it. And whoe-ver may 

The PRESIDENT pro tempore. The resolution is before the Senate. be in public station upon whom these facts might refl.ect .under any 

l\Ir. MORGAN. I merely desire tO e~plain why I introduce the res- state of circumstances ought to be the very :first of all other people to 

olution. require th.i8 investigation. 

The Senator from Colorado [Mr. HILL] made a very i:npressive We have to ad on the bill sooner or later. I do not know whether 

speech here some time ago, in which he brought to the attentio::1 of the it will be to the undoing of a patent to be issued in vacation or whether 

Senate important facts, and I understood him to quote from authentic it will be under circumstances that now exist. I think that when the 

papers tending to show that in the transfer of the Backbone railroad Senate comes to act upon it it ought to be disembarrassed of everything 

land grant to the New Orleans and Pacific road there was fraud. A except the mere merits of the transaction. 

bill to forfeit that grant is pending before the Committee on Public The PRESIDING OFFICER. The question recurs on the resoluLands. The committee have not had time to mature their delibera- tion offered by the Senator from Alabama [Mr. MORGAN]. 

tiona upon it and make a report to the Senate. For the purpose of The resolution was rejected. 

getting this subject before the country in such a way as that there PROVINCETOWN PORT oF DELIVERY. 

shall be no doubt about the ground on which we shall act, whether we Mr. HOAR. One of the towns in Massachusetts, Provincetown, 

vote that bill into a law or not, I desire that the Committee on Public quite a large shipping town, is a port of delivery, and the division of 

Landsshould be directed to make aninquiryinto the allegations which the town makes great inconvenience to·theshipmasters and vessels behave been brought forward by the Senator from Colorado and other longing to the town newly set off, because that is not a port of delivery 

statements upon that subject. now acoording to the statute. A bill has passed the House to remedy 

I introduced the resolution without consultation with any person, it that in three lines, and is recommended by the Department. I ask 

being in my opinion a duty that I owed to myself as a member of the unanimous consent to have the bill passed at this time. 

committee and also to the committee. After having introdn,.ed it, The PRESIDING OFFICER. The Senator from Massachusetts asks 

~o~ever, I _conferr~ wi~h some members of the committee. Som~ are unanimous consent for the consideration of a bill which will be read. 

m.fuvor of 1ts consideratio~ and o~he~ are not. . Some of the COIDilllttee The CHIEF CLERK. ' 'A bill (H. R. 6750) to amend paragraph 7 of 

think that perhaps there 18 an unpiled censme upon .t~e co~ duct of . sect.ion 2527 of the Revised Statutes.'' It proposes to amend paragraph 

members of both .Houses who recommended to the admirustration tha~ 7 of section 25'n of the Revised Statutes by adding, after the word 

the transfer of th1s land grant should be confirmed by the Secretary of " Provincetown " the words " Dennis Bourne " 

the Interior and th3>t patents should issue. I have been informe<;I that The PRESIDING OFFICER. The Chair r~uests the Senator from 

a. patent has ~een made ou~. I gathe~ that from the observation of Ma-ssachusetts to state if t.his bill has been reported from a committee. 

some Senatorm debate on t~ floor, I .believe the Sena~r from N ~b~ka Mr. HOAR. It has been referred to the Committee on the Revision 

[Mr. V ~ WYcK]. I desrre.here, m the form of thJ:S resoluti?n ~f I of the Laws of the United States, and I am authorized by the chair- can do som no other w~y, to mt~~pose my protest aga.mst the sigrung man of that committee to express his approbation of it. 

of ~at patent, the offic~ rec?grutwn of the tra~sferof ~hat land grant, The PRESIDING OFFICER. If the bill is before the committee 

until Congr~ can ~ook mto It. It may be entirely a JUSt and honor- · the Chair will state that it can only come before the Senate b.y disable transactiOn ~r It may not; I can n.ot tell: I have no statement to charging the committee. It is not on the Calendar and can not be 

make on th~t pm~t, for I am not suffiCI~n~ly informed of the facts.that reached. 

relate to. thiS subject to pronounce anopilllon .. In f~~. theCo.mmttte:e Mr. HOAR. I ask unanimons consent that the committee be dis- on Pubhc Lande: have not ~ad t~e oppo~uruty <?OnsiSu;nt w1th tbeu char ed and t.he bill considered. 

?ther yery heavy labors to mvestiga.te t~IS ~uest1on as It ?ught to be T~ PRESIDING OFFICER. Is there objection to discharging th& 

mvesbgated.. . So I t~ought I would bnng~ the ~eso~ution and ask committee from the further consideration of this bill? The Chair hears 

that the comm1t~e be Inst~uct~ to make the mvest1gat10n and report. none. The bill is before the Senate as in Committee of the Whole. 

ThTehSenPaRESte caniDidisNGposOeFoFfiiCtEasRI{tMseesi~roper. . th ch . ) The bill was reported to the Senate, ordered to a third reading, read e . r. !WALLS m e au . Will the the third time and passed. Senate agree to the resolution? ' 

:Mr. PLUMB. I rose a moment ago to ask the Senator from Alabama. to let the matter go over for the present. There are some con- siderations in respect to it which I think he will regard with some favor 

that will be presented to him for a brief delay. But I must say that on the whole I think the adoption of the resolution will not result in 

any increase of authority to the committee or any good. The bill has 

been referred to the committee, and the committee can investigate it if 

STEAMSHIP KENT. 

Mr. !.ULLER, of New York. I desire to make a reJ,>Ort from th& 

Committee on Commerce. I report the bill (H. R. 3337) authorizing 

the inspection of the boiler of the steamship Kent, and ask for its present consideration. 

By unanimons consent, the Senate, as in Committee ef the Whol~ 

proceeded to consider the bill. 

---
1884. CONGRESSIONAL RECORD- SENATE. 6057 

The preamble recites that the Congress of the United States did pass 

chapter 80 of the laws of 1878, approved May 2, 1878, nationalizing 

the Canadian-built propeller East, and did change her name to that of 

Kent; and that a doubt has arisen as to whether that act entitled the 

steam-boiler,·steam-pipes, and appurtenances then in the Canadianbuilt propeller to inspection pursuant to the laws of the United States 

regulating the construction and use of steam-boilers for marine purposes. Hence the bill directs the Secretary of the Treasury to au- thorize and direct the inspection of the steam-boiler, steam-pipes, and 

appurtenances of the boiler, and cause to be granted the proper and 

usual certificate issued to tug-boats or marine vessels not used for car- rying passengers, without reference to the iaet that the steam-boiler, 

steam-pipes, and appurtenances were not constructed pursuant to the 

laws of the United States, n.nd were not constructed of iron stamped 

pursuant to the laws of the United States. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

The preamble was agreed to. 

WITHDR.A W .AL OF P .APERS. 

On motion of Mr. COCKRELL it was 

Ordered, That Alexander Shields have leave to withdraw papers from the files 

of the Senate heretofore filed in his case. 

SENATE MANUAL. 

Mr. HAWLEY. The Committee on Printing, to whom was referred a resolution reported by the Committee on Rules in relation totheSenate Manual, instruct me to report it favorably with an amendment. 

By·unanimous consent the Senate proceeded to consider the resolution, as follows: · 

.Ruolved, That 1,000 copies of the Senate Man~l, as prepared under the direction of the Committee on Rules, be printed for the use of the Senate. 

The amendment reported by the Committee on Printing was, in line 

1·, before the word "copies," to strike out "one thousand" and insert 

" eight hundred and fifty ; " and in the third line, after the word 

"printed," to insert "and bound;" so as to make the resolution read: 

Resolved, That 850 copies of the Senate Manual, as prepared under the direction 

of the Committee on Rules, be printed and bound for the use of the Senate. 

Mr. HAWLEY. The amendment is because a thousand copies would 

cost more than $500, and to print that number would require a con- current resolution. I state that for the satisfaction of the Senator from 

Maine. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

_.. ROOMS FOR COMMITTEES. 

:Mr. BOWEN. I ask unanimous consent to caJ.l up Order of Business 321, which is a resolution on the Calendar. 

The PRESIDENT pro tempore. The Senator from Colorado asks 

unanimous consent that ·the Senate now consider Order of Business 

321, being a resolution authorizingtheSergeant-at-ArmsandArchitect 

of the Capitol to rent suitable rooms for use of Senate committees. 

There being no objection the Senate proceeded to cons"der the resolution. 

The PRESIDENT pro tempore. · The resolution will be read. 

The Secretary 1·ead as follows: 

Resolved, That the Sergeant-at-Arms and the .Architect of the Capitol be, and 

they are hereby, authorized and directed to rent and prepare suitable rooms out- side of the Capitol for the use of such Senate committees as have no rooms, and 

that all expenses hereunder be paid out of the fund for the contingent expenses 

of the Senate, subject to the approval of theCommitteeto.AuditandControl the 

Contingent Expenses of the Senate. 

l\Ir. INGALLS. I suppose it can hardly be necessary at this stage 

of the session to procure accommodation.s outside. 

Mr. BOWEN. I will state that the purpose of calling the resolution up at this time is to enable the Architect and Sergeant-at-Arms to 

prepare rooms for the next session·. 

Mr. INGALLS. Then the resolution should so provide; otherwise we might incur the expense of apartments during the recess of Congress. I would suggest that the resolution be amended so as to read 

•' for use at the next session of Congress. 1' 

l\Ir. BOWEN. I will aecept thn.t. 

The PRESIDENT pro tempore. The Senator from K...'l.nsas moves to 

amend the resolution. The amendment will be reacl. 

The SECRETARY. Inline6 oftheresolntion, after the word "use," 

it is proposed to insert: 

At the next session of Congress. 

So as to re-.ad: 

For the use at the. next sesaion of Congress of such Senate committees u have no rooms, &c. 

The amendment wM agreed to. 

The resolution as amended was agreed to. 

FOREIGN CONTRACT LABOR. 

Mr. BLAIR. I now move that the Senate-proceed to consider Order 

of Business 863, being the bill (H. R. 2550) toprohibittheimportation 

and migration of foreigners and aliens under contract or agreement to 

perform labor in the United States, its Territories, and the District of 

Columbia. 

The PRESIDENT pro tempore. The question is on the motion of 

the Senator from New Hampshire. 

Mr. MORGAN. I ask that the bill be read for information. 

The PRESIDENT pro ternpore. The bill will be read for information 

if there be no objection. The Chair hears none, and it will be read. 

The Secretary read the bill. 

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

motion of the Senator from New Hampshire that this bill be now taken 

up for consideration. [Putting the question.] The noes appear to 

have it. 

Mr. BLAIR. My attention was diverted by three or four Senators 

upon five or six different things, and I should like to understand what was the question just taken. 

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

motion of the Senator from New Hampshire that this bill be now con- sidered, on which the Chair announced that the noes appeared to prevail. 

Mr. BLAIR. · Before the vote is taken I ask unanimous consent to 

say a word. 

The PRESIDENT pro tempore. The Senator from New Hampshire 

asks unanimous consent to speak on this question. Is there objection? 

The Chair hears none. . Mr. BLAIR. This is a bill which comes to us from the House of 

Representatives after considerable di~ussion and with practically a unanimous vote. I think I may be justified in stating that as bearing 

upon the question whether it is likely to consume a great length of 

time in its discussion at this late hour of the session. I am exceedingly 

anxious, as is the Committee on Education and Labor, who reported it 

unanimously, that it be considered and disposed of at this session. It 

is aimed at a practice that no individual as far as I know, certainly no party, in this country pretends to justify. Its object is to remove a great and rapidly growing public evil, an evil striking at the interests 

of millions of our countrymen, and those of our countrymen who can 

least bear the existence, much less any increase, of the evil of which 

they complain. 

Of course it is well understood. I hardly need take the time of the 

Senate in stating the fuct that the practice has grown up on the part of 

many of the employers of the country of sending their agents abroad to 

England, France, Italy, Hungary, Germany, .Austria, and in fact to all 

European countries with hardly an exception, for the purpose of con- tracting with bodies of working people, paying their expenses of transportation to this country, in order that their cheap labor may be brought 

in competition with that of our own citizens. We claim to believe in 

protective tariffs, some of us, and we loudly proclaim to the people of 

this country, especially to the laboring people, that the protection of 

their labor is the primary object for which we institute those tariffs. 

That is the great general consideration which we who believe in a protective tariff allege as the one that justifies and demands of~ patriotic 

.American citizen that he maintain a tariffnpon imported goods. The 

protection of .American labor is the object, and to us the revenue which 

results from a tariff is a secondary consideration; while another great 

party in this country claims that revenue is the primary consideration, 

and I believe also alleges that in its adjustment the American laborer 

should beprotectedasfuras possible from competition with foreign goods 

in our own markets. But it is obvious to any one, it has become now a great national faet, a national evil, too, that the higher wages we pay 

to our American laborers are more endangered by the practice which 

has been initiated and which is increasing, of bringing the foreign laborer 

directly in contact within our own borders with the American laborer 

under a contract to receive the compensation which he might have re- ceived in his own country in the manufacture of the same goods. Thus 

it is that by the importation of the living laborer a vastly greater evil 

is likely to be done than by the importation of the production of that same labor expended in its own country. 

The ebject of this bill is to extinguish that evil. It has been a subject of great complaint for many years. The Honse of Representatives 

have sent us what I conceive to be a very well-matured bill, which if 

adopted and enforced will eradicate the evil. I do not think that it 

is susceptible of any reasonable or rational objection. It is very true 

that in slight particulars in the forms of expression employed it might . be somewhat limited. I would not object to verbal amendmtmt.a in 

several of the sections. In fact, if the bill is considered I shall ask that 

such atp.endments be made as will I think absolutely remove any of 

the objections which have been raised by an adverse, hostile criticism 

to the bill. 

I trust the Senate under these circumstances will not dispose of this 

bill in quite so abrupt a fashion as to refuse it any consideration whai(-

ever. Nothing is immediately pressing upon the Senate. No conference reporta are now here. The work of th.e Senate is now being transacted by conference committees. The fact that I have unanimous con- sent to make these remarks shows that there is nothing pressing upon the 

Senate at this time. Therefore I respectfully and earnestly appeal to 

the Senate to give this bill consideration. Of course it can be interrupted if more important business shall be plaeed before the Senate. 
6058 CONGRESSIONAL RECORD-SENATE. JULY 5, 

The conference committees always have the floor. But I do ask the 

Senate that t.bis bill may receive such consideration as under ita rules 

it may properly claim. 

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

motion ofthe Senator from New Hampshire that this bill be now considered. 

Mr. HAWLEY. Is that motion debatable? 

The PRESIDENT pro tempore. It is not debatable. '!'he Senator 

from New Hampshire was speaking by unanimous consent. 

Mr. BLAIR. If the Senator wishes to say anything I hope he may 

.have consent. 

The question being put, it wae declared that the noes appeared to 

prevail 

Mr. BLAIR. I ask for a division. 

The question being put; there were on a division-ayes 4, noes 8; 

no quorum voting. 

Mr. BLAIR. There is a quorum in the Capitol. · I do not like to 

yield this point, and I a.sk for the yeas and nays. 

The yeas and nays were ordered. 

Mr. BLAIR. I am informed by Senators that to insist upon this 

call will probably disclose the absence of a quorum and interrupt the 

further transaction of business. 

The PRESIDENT pro tempore. The absence of a quorum is already 

disclosed. No further business can be done until a quorum appears. 

Mr. BLAIR. Very well. 

The PRESIDENT pro tempore. The roll will be c:11led. 

The Secretary proceeded to call the roll. 

Mr. VANWYCK (when his name was called). I am paired with the 

Senator from Louisiana [Mr. JONAS]. 

The roll-call was concluded. 

Mr. KENNA. I am paired with the Senator from Illinois [Mr. CULLOM]. 

Mr. FRYE. I am paired with the Senator from California [Mr. FAnLEY], but as this is not a political question, I vote" yea." 

Mr. CAMERON, of Wisconsin. I am paired with the Senator from 

Mississippi [Mr. GEORGE] on party questions, but on this question I 

vote'' yea.'' 

Mr. SEWELL. I am paired with myeolleague [Mr. McPHERSON], 

but if my vote is necessary to make a quorum I can vote. 

Mr. BUTLER. My colleague [Mr. H.AMPTO~] is paired with the 

Senator from Wisconsin [.Mr. SAWYER] generally. 

The result was announced-yeas 26, nays 14; as follows: 

Aldrich, 

Blair, 

Bowen, Cameron of Pa., 

Cameron of Wis., 

Conger, 

Dawes, 

Bayard, 

Brown, Butler, 

Coke, 

Dolph, 

Frye, 

Harrison, H;oa.r, 

YEA8-26. 

Ingalls, . Jones of Nevada., 

Lapham, 

Logan, 

111ahone, 

:Manderson, 

:Miller of Cal., 

Mitchell, 

Morrill, 

Palmer, 

Colquitt, 

Edmunds, 

Fair, 

Garland, 

NAY8-14. 

Groome, 

Hawley, 

Mcl\'Iillan, 

· Maxey, 

.ABSENT-36. 

Pike, P ugh, 

Sewell, 

Sherman, 

Wilson. 

Morgan, 

Vest. 

Allison, Gibson, Kenna., Sabin, Anthony, Gorman, Lamar, Saulsbury, 

Beck, Hale, l\1cPherson, Sawyer, 

Call, Hampton, Miller of N.Y., Slate r, Camden, Harris, Pendleton, Vance, 

Cockrell, Hill, Platt, Van \Vyck, 

Cullom, Jackson, Plumb, Voorhees, 

Farley, Jonas, Ransom, Walker, 

George, Jones of Florida. Riddleberger, Williams. 

So the motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill (H. R. 2550) to prohibit the importation and migration of ~oreigners .and aliens .. under ?On~ct or agreement to perform labor m the Umted States, 1ts Terntones, and 

the District of Columbia. 

The PRESIDENT pro tempore. The bill will be read. 

The Chief Clerk read the bill. 

The PRESIDENT po tempore. The Chair will call attention to line 

8 section 3, where is either an error in the engrossed House bill or~ 

nrlsprint. The word at the beginning of that line is evidently intended 

to be ".parol;" but it is "poral." 

Mr. BLAIR. I suppose that is a clerical error. . The PRESIDENT pro tempore. 'fhe amendment will be regarded aa 

agreed to. 

Mr. INGALLS. If there is a report in the case I should like to heal' 

it read. 

Mr. MILLER, of California. I ask the Senator from New Hampshire to yield to me to pass a. House joint resolution. I ask that this 

be temporarily laid aside. 

Mr. BLAIR. I am satisfied that if I yield to one I shall have to 

yield to many others. 

Mr. MILLZR, of California.. This will take but a moment. I understood the Senator said he would yield to other business. 

Mr. BLAIR. I did say.so. What is the resolution? 

?tfr. MILLER, of California. A joint resolution in regard. to the appointment and retirement of a chaplain in the Navy. 

Mr. BLAIR. Will it lead to discuSBion? 

Mr. MILLER, of California. There will be no discussion. Mr. BLAIR. I agree then. 

The PRESIDENT pro temp(}re. Pending this bill the Senator from . 

California. asks unanimous consent that the Senate now consider Order 

of Business 766, being Honse joint resolution 17. 

Mr. BLAIR. Will the Senator withdraw it if it leads to discussion? 

Mr. ?tllLLER, ofCalifornia. Yes, sir . 

SAMUEL KRAMER. 

By unanimous consent the Senate, as in Committee of the Whole, 

proceeded to consider the joint resolution (H. Res. 17) authorizing the 

appointment and retirement of Samuel Kramer as a chaplain in the 

Navy of the United States. 

Mr. SHERMAN. I call for the reading ofthe report. 

The PRESIDENT pro tm.pore. The report will be read. 

The Chief Clerk read the following report, submitted by Mr. MILLER, 

of California, June 19, 1884: . 

The Committee on Naval A.fl"airs, to whom was referred the joint resolution 

(H. Res. 17) authorizing the appointment and retirement of Samuel Kramer as chaplain in the Navy of the United States, beg leave to report that they have 

examined the same, and recommend its pas8Rge. 

The following extract from a letter of the Secretary of the Navy, dated July 

18, 1852, together with the accompanying memoranda, fully explains the case: 

NAVY D EPARTMENT, Washington, July 18,1882. 

Sm: * * * I inclose a large number of·.testimonials in 1\:lr. Kramer's behalf, from wbich1 and a memorandum s.mmarizing the same, it appears that he 

has been most faithfully serving at the Washington navy-yard for several years, and that be bas a record of much merit. 

Very respectfully, 

Hon. JoH:'f F. MrlJ.ER, 

WM. E. CHANDLER, 

8ecretaT1J of the Navy. 

Member of the Committee on Naval Affairs, United. States Senate. 

Memoranda in the case of Rev. Samuel Kramer, an applicant for appointment 

and retirement as a chaplain in the United States Navy. 

Rev. amuel Kramer (an ordained ministerofthe 1\IetbodistEpiscopal Church) 

performed the duties of chaplain at the navy-yard, Washington, without pay, for many years. On the 3d of July, 1880 (afte r the death of the chaplain in the Navy on duty in the yard), t be Secretary of theN a vy (Hon. R. W. Thompson) informed 

the commandant of the yard that Ir. Kramer should receive compensation for 

hls services at the rate of $15 per month. He continued on duty, and to be so paid (out of the appropriation "contingent Navy") until May 15,1882, when, on account of want of funds, he was. with others, notified that his ervices would not be required after June 30,1882. During this time there was no regular chaplain on duty at the yard. · Mr. Kramer is strongly recommended by the commandant of the yard (Com- modore Pattison), who state , :May 23, 1882, that "he bas been a faithful chaplain, 

and is highly spoken of by everybody who knows him. As he has served as a seaman in the Navy, be is in\"aluable as a. chaplain. Seamen will listen to him 

when they will not to the general run of preachers. He i located in the sea- men's lihrary in this yard, a.ttenas the sick in the hospital, and officiates at funeral of deceased seamen and marines, and distributes Bibles and tracts." This 

letter is accompanied " 'ith a testimonial letter signed by all the officers of the yard. 

February 1, 1881, Commodore A. A. Semmes; Commander R. D. Evans (then in command of the training· hip Saratoga); Commander J. D. Graham, com- manding the receiving-ship at the yard; and Lieut. D. G. McRitchie (then in 

command of the Tallapoosa) joined with Commodore Patti on in asking the 

appointment ofl\Ir. Kramer a a, chaplain in the Navy, and that he be assigned to duty at the 'Vashington navy-yard. These officers state that Mr. Kramer "has in our opinion obtained the love and respectofofficersand men who have 

listened to hls exhortations. For many years he bas performed the duties of 

chaplain at this yard, without pay, to the entire satisfaction of the officers and men on board the vessels of the United States Navy, on which he has held 

divine ervice, and we are of the opinion that there is more good derived from 

the preaching of a converted sailor to sailors than from any one who bas never been to sea.." (Mr. Kramer wa too old for appointment, the Jaw fixing the age between 21 and 35 years, and Mr. Kramer was over 60 year old.) From letters and statements on file in the Navy Department it appears that 

1\1r. Kramer followed the ea for many years; was in the United States Navy, serving on the Dolphin and Brandywine in 1829. After leaving the service he 

entered the Church, and has gi\"en more than twenty years' service, without pay, to the cause Qf seamen, building the Sailors' Bethel church in Baltimore, 

:Md. He served as chaplain oftbeThirdRegiment of Maryland (Union) Volun- teers. At the battle of Antietam he acted as major of the regiment (in place of 

the major, who had been killed in a previous battle), and after that battle was, at the request of the colonel, commissioned as maJor. He was honorably dischaJ"ged in August, 1863, on account of disability incurred in the line of duty. He is indorsed and recommended by )3ishop E. G. Andrew , Rev. H. R. Naylor, Rev. John Lanahan, Rev. B. Peyton Brown, and Rev. W. W. Hicks. all of the 

Methodist Epi copal Church; Rev. W. A. Leonard, of Saint John's (Episcopal) 

church, Washington; Thomas L . Tullock, and Matthew G. Emery (ex-mayor), 

of Washington; and Chaplain M. J. Gonzales U.S. A. 

The joint resolution was reported to the Senate without amendment, 

ordered to a third reading, read the third time, and passed. 

EXECUTIVE OOMMUNICATIONS. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Interior, transmitting, in response to a 

resolution of the enate, copies of certain eorrespondence of the present 

superintendent of the Yellowstone National Park relative to that park 

and his action in connection with its management, and other papers 

relative thereto not heretofore transmitted to the Senate; which was referred to the Committee on Territories, and ordered to be printed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by :Mr. CLARK, ita 

Clerk, announced that the House had concurred in the amendments of 

the Senate to the bill (H. R. 1985) granting a pension to Malvin Pierce. 
1884. CONGRESSIONAL RECORD-SENATE. 6059 

ENROLLED .BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bill's; and they were thereupon signed 

by the President pro tempore: 

A bill (H; R. 103l granting a pension to Theresa Crosby Watson; 

A bill (H. R. 562 granting a pension to H. C. Van Trees; and 

A bill (H. R. 570 granting a pension toM. H. Clements. 

Mr. HAWLEY. 

of the report. 

I thought the pendi.Bg question was on the reading 

Mr. MORRILL. Let us have the report. 

Mr. BLAIR. I was simply replying to inquiries made of me. I ask 

the Senator from Kansas if he desires the reading of the Honse report. 

Mr. INGALLS. I prefer to have it read inasmuch as the Senate 

committee have adopted it as theirs. We ought to have the information on which to rest our action. PRESIDENTIAL APPROV .ALS. The PRESIDENT pro tempore. The reading of the report will pro- A message from the President of the United States, by Mr. 0. L. ceed. 

PRUDEN, one of ~ secretaries, ann?unced that the President had this The Chief Clerk proceeded to read the report made by the House 

day approved and signed the followmg acts: committee appended to the Senate committee's report as follows: 

An act (S. 1581) to provide for the disposal of abandoned and useless ~[H Re rt N 4« F rt 1 hth Co t'Jnl,' . military reservations; and • ouse po o. • 1 0 y-e g ncrees, -ton. 

. An act (S. 2243) to authorize foot and carriage or railroad bridges Th Commit~ on IA;tobor, to whom wer.e ref~rred the ~?ills (H. R. 2550 and H. 

Mi · · · R" t Sa" t p 1 · th State f Minn ta R. 13) to proh1bit.therm~ortation andmigratJOnofforeignersanda.liensunder across the SSlSSlppl 1ver a m au , ln e 0 eso · tract to perform labor m the United States, have had the same under con-

' FOREIGN-LABOR CONTRACT ~s . eration. and beg leave to report back bill H. R. 25.'>0, and recommend its pas- . . · . e, with the following amendment, as substitute for both of said bills : The Senate, as m Comnnttee of the Whole. resumed the cons1dera.- Add to section 5 the following: "Nor shan anything in this act be so contion of the bill (H. R. 2550) to prohibit the importation and migra- strued. as to prevent any person or perso~, partnership .• or co.rporation .from · · d li d t t to c. engagmg under contract or agreement skilled workmen m foreign countries to tion o~ fore1gn~rs an a e?s un .er ?ontrac or ag~ee:r;nen perJ.O~ perform labor in the United Sta~s in or upon an! new ~ndustry not at present 

labor rn the Uruted States, Its Temtones, and the DIStrict of Columb1a,. existing or ~tablished in the Umted States, provided sk.illedla.bor for that purThe PRESIDENT pro tempore. The rl'ading of the report was asked pose can ~ot be otherwise obtained i. nor shall the provisions of this act apply 

will b d to professiOnal actors, lecturers, or smgers." for. The report e rea · This recommendation is founded upon the investigations of the committee· 

The Chief Clerk read the following report, submitted by Mr. BLAm and the conclusion to which the committee have come, based upon such in vee: June 28 1884· tigation, is that the evils complained of and sought to be remedied by the bill 

' . · . ·actually and to an alarming extent exist. The bill in no measure seeks w re- The Oom';Inttet;, on Education an~ Le.b_or, to w~om was r~ferr~ the bill.(H. strict free immigration. Such a proposition would be, and justly so, odious to R. 2550) en~Itled An act to prohibit the tmportat10n and migratl_!)n of fore~gn- the American people. The foreigner who voluntarily and from choice leaves ers an~ ahens. un~er contract _!)r ~greement to. P~,rform labo:r m the Uruted his native land and settles in thid country, with the intention of becoming an States, 1ts Terntor1es, an.d the Dtstnct of Oolumbta, have considered th~ same, American citizen, a part of the American body politic, has always been welcome 

and hereby report the b1ll back to t~e Se~ate favo:rabl¥, and recommend .1ts pas- to our shores. As a recent writer well saidsage. The general facts and.co~sideratiOns wh!ch mduce the comnutte.e to "Such an immigrantbyhiscomingto this country givesusacertainassurance recommend the passage of this bill are set forth m the report of the committee 88 to his ability to take care of himself and to hold up the standard of social 

of the House: . . well-being which he finds already existing among our working classes." 

The committee report tht: bill b!lck without amendment, al~houg~ there are SRch an immigrant comes here because the institutions of the country are in 

certain fea~ures thereof '!h!Ch nnght well. be changed or modi~ed, m the 1?-ope consonance with his social and political ideaa, and because of the advantages that the bill mar not fall of pass~ge durmg the present sesswn. Esp~m~lly and opportunities afforded by the extent of our domain and its material re- would the com~mttee have otherw~e recommended: amend~ents, substttutmg sources. He comes to better his social and financial condition, to take ad van- for the expression "labor and service," wherever It occurs m the body of the tage of the facilities which he finds here· and ashe comes of his own volition 

bill, the words" manual labor" ~r "manual service" as sufficiently broad to by his own means, and from choice, he ~lways exacts for his labor the highest a~om_Plish th~ purposes of the btll, and ~at such ~~~ndments would remove rates which the market affords. No one is injured by his coming, and as he 

obJection'? wh~cha sharp and perhaps unfnendJr C.t:Itlmsm may J?"~e ~the pro- generally makes a good citizen, the State is benefited by the acquisition. posed l~gtslat10n. The co~nnt~, however, believmg that the bill.m I.ts present These immigrants are generally of a higher class, socially, morally, and in telform will be constru!!das mclu~gonly those wl;lose labor or serVIce IS manual lectually and have aided largely in the development of our industries and the 

in character, and bemg very de~nro~ that the bill b~:t;ne a law before the ad- material progress of our people. With this class of immigrants this bill has no journment, ~ave .reported the b1ll wtthout chang~. . concern. Its object is to restrict and prohibit the immigration or rather the imThe follo~mg JS the report of the House co.mmtttee. To the .facts colle~ted m portation of an entirely different class of persons, the immigrant who does 

the appen~x IDJ\Y be ad:ded ~an~ more, which ca~ be found m the testimony not come by "his own initiative, but by that of the capitalist." It seeks to re- taken durmgt~e recent mvest1gat10n of your committee, by order of the Senate, strain and prohibit the immigration or importation of laborers who would have 

upon the relatiOns between labor and capital: . never seen our shores but for the inducements and allurements of men whose 

- · · f h Se h lied fi th d only object is to obtain labor at the lowest possible rate, regardless of the social :Mr. BLAIR. I would mqurre 0 t e nator W 0 ca. or e rea - and material well-being of our own citizens and regardless of the evil conseing of the report whether he desires the reading of the House report, quen~es which.res~t to American l~borers from s'!ch !-m~igration.. . which follows that of the Senate committee which has now been read? ThlS class oflmmigrants care nothing about our mst1tut10ns~ an~ m ~ny m- . . · stances never even heard of them; they are men whose passage lS pa1d by the 

It 1S qrute voluffilDOUS. importers· they come here under contract to labor for a certain number of 

Mr. INGALLS. The House report is the only one upon which we years; the'y are ignorant of our social conditions, and that they may remain so have to rely. as the Senate committee fmnkly say that the bill does not they are isolated and prevented fro~ coming into <:ontact with Americans. . · . · · la · h h Theyaregenerallyfromthelowestsomalstratnm,andliveuponthecoar estfood meet With their approbation. Their nguage 1& t at t ey- and in hovels of a character before unknown to American workmen. Being 

Report the bill back without amendment, althouf;th there are certain f~tures bound by contrac~ .tJ:!ey are unable, even were they~ disposed, to take ~­

.thereof which might well be changed or n;t.odified, m the hope that the bill may vantage of the facilities afforded by the c.o!illtry to whtch theY: have been 11?- not fail of passage during the present session. ported. They, as a rule, do not become citizens, and are certamly not a destr- . able a{)(}uisition to the body-politic. When their term of contract servitude 

And they then go on to state the reasons why the bill should be expires their place is supplie? by fresh importat~ons. The inevitable tt;ndency 

changed in important particulars. I think it therefore essential that of their pre~nce among us 1s to degrade American labor and reduce 1t to the 

we should have the information upon which the House acted, in order le;~e ~!~lf~~~gep::fc~~:~~~f some restrictive measure of this character 

that we may vote intelligently upon the bill. com~ not alone from American workmen, b?t al~~ from employe_rs ~f lab?r in 

Mr BLAIR. I will say in reply to the suggestion of the Senator America. The em~loyers of ~abor who, from mablltty or fro I? pat.nottc motiv~, · · · d employ only American workingmen, are unable to compete m the markets wtth ~om Ka~ that the report_ of the S~ate co~m1ttee I think '?e5 J!?t- the corporations who employ the ch~ap imp~r~d labor. 

1t was not mtended to-give the 1IDpre881on that the modifications .As an evid_ence ~f the truth of this propos1t10n, th~ glass !llanufact!ll"ers of 

which might have been made are deemed of very great importance Pittsburgh, mcluding all tht: large employers of labor m that 1~dustry, m.Ja!lu- . . . . .' ary, 1880, denounced the actiOn of the manufacturers west ofPtttsburgh 1n 1mbecause the Senate report says that the opm1on of the comnnttee IS porting European workmen in pla.ce of discharged American workmen. 

that the bill will be construed the same without amendment as with This evil has become so extensive, alarming, and great that the attention of 

the modifications sugge-sted as reasonable. · our foreign consuls has b.een directed to it. · · if h h . · f · h Henry Sterne, esq., Umted States consul at Bud~V-Pesth, Hungary, says: I will add to what I have now sa1d, I can ave t e attention 0 t e "There seems to be an agency at work which by misrepresentations induces 

Senator from Kansas, that I design .to move the modifications alluded people to leave their h?mes w~o will not better the.ir co_?dition thereby, n?r to in the Senate report which are to change the expression wherever it benefit the ~ountry which rece1yes them. Peo_Pie mqmre by letter and m " . ' , . . al ,, ' l . person at th1s consulate about th1s agency of which they have heard or read. occurs, service or labor, which lS very gener , to manna semce Some even claim that this consulate has instructions from its Government to or manual labor,'' so that .the provisions of the bill would then be re- assist people in immigrating. I a~ u~der ~he jmpression that the Uni~ed.States 

stricted to the evil that exists and it would be available for the pro- Government does not approve of tm~1grat10n brought about by such Irregular . ' . . means and of the character described, and therefore beg leave to suggest t.ection of that class of our people who are su:ffermg most from the eVIL whether steps could or should not be taken to correct the evil, if I may be perWith that modification, which I am assured by the friends of the bill mitted to tt>rm it such. I have information that agents are managing the busiwill be at once assented to in the House so that the bill will reach its ness a.good deal in th~ manner of the <:ooly trade, aud th~t these immigrants 

t this · th b I think b" ti th rt are sh1pped to the Umted Statesab<>ut hke so many cattle. (See State Depart- passage a . ~e88lon, ere can e, as , no o ~ec on on epa ment report, 1881-'82.) 

Qf any one m either branch of Congress. It would apply only to those Count E!"terhazy, an intelligent, cultivated ~ungs.rian, at present Austrian 

engaged in manual labor or service. con~ml ~o th~s country, who has established a bureau for the protection of HunMr. MORRILL. ~fay I ask if the Se~ator from New Ha.:r;npshire P.~';h~lsi~~a.d~cib~f~~t a contract system is being carried on, and I believe it 

proposes on page 4, lmes 13 and 14, to strike out the words which pro- has reached larger proportions than f\ny one believes. Certain it is that great 

vide "Thatskilledlaborforthatpurposecannotbeotherwiseobtained ?" numbers of immigrants are landed on these shores ~ho are owned ~ycapitalH · h t to b d te · ed? ists. As far as I know, persons who have been so Imported are satisfied; but 

OW lS t a e e ~ · . . . . . this fact does not apologize for the ~;ystem. I have long endeavored to discover 

Mr. BLAIR. That lS a question of fact that anses m the a.dminiS- who the parties are who obtain the immigrants on the other side, but have thus 

tration of all laws. far been unsuccessful. I certainly hope that Congress will pass some law to put 

Mr. DAWES. A person employing such labor would have to show a stop~ such immigration." . . . 

before a prosecution could be maintained that there was nobody else in ~l'b!~~~~~~!tt'\h~t~~~::; ~a~rri~J'?n\~a.~ ~~~~ b;b~~~ra- the United States to do this work. tions in this country who have their agents abroad. Every now and then large 

I 
1•1 

: 

' 

-·- ---

6060 CONGRESSIONAL RECORD-SENATE. JULY 5, 

gangs of laborers arrive, all bound for the same town. They are generally take n in charge by some person or persons who come here to meet them. Some few weeks ago a part;v composed of about sixty Irish and German girls arrived, all of whom were gomg to one of the large silk-manufacturing establishments in New Jersey. I do not know whether they bad contracted with any persons, but presume t hey bad done so. No one will undertake to send people to this country free of charge without some guarantee that certain servicea will be per- formed in lieu of the price of such passage. We have never received any com- pla ints from the persons who have been imported here, but nevertheless I have no do1,1bt that such a slavery system is being carried on." 1\fr. John Swinton, of New York city, in a recent issueofhis paper,states that in the lower quarterR of :r\ew York city there are quite a number of firms en- gaged in trafficking in huma n flesh ; they are, as a rule, engaged in the" bank- ing business." but the ir ventures in the slave traffic are quite extensive. Going into one of these establishments for the ostensible purpose of securing Italian labore rs for an iron company, the agent stated in answer to an inquiry that during the time they bad been in business 14,000 Italians had been brought to this country, under contract, 6,000 of whom had returned to Italy. It was further stated that they had agents at Naples; that the American companies 

paid the passage of the men from Italy, and their fare from New York to des- tination, which amount the im~rted Italian agrees to payback: with 6percent. interest. The men are shipped from New York to destination by the car-load, cars being chartered for that purpose. The men receive from the American companies from $1 to 1.25 per day. Mr. Swinton also states that the Hudson River Iron and Ore Company in Linlithgo, Columbia County, New York, bad, in June, 1883, a large number of Hungarian laborers employed at SI per day; that they were paid monthly, fifteen days being invariably retained by the company. The men were huddled together in shanties, and live mainly upon rye bread and potatoes. They had been brought there under contract to fill the places of American workingmen, to glut the market, and thus depress wages. 

Mr. Tuke, of the Tuke immigration committee of Great Britain, a short time ago wrote a letter to the London Times, and after referring to the immigrants whose p a ssage had been paid to America from the Tuke fund, said: "Many in- stances are cited in which immigrants are returning their pa.<;~sage-money. " 

Whether they had done so because they had been transported under agreement or contract to perform labor here, and were to a certain extent compelled to re- turn t-!J,eir passage-money, dees not appear, but it is more than probable that such was the case. In one year (1883) this Tuke immigration committee "assisted," or rather t.ransported, 3,600 persons to the United States. It is more than questionable whether t!.lese !l86isted immigrants, even if they do not come under contract, are a. desirable acquisition to our population. This Govern- ment is certainly under no moral obligations to care fo r and maintain the pau- perized victims of the misrule and tyranny of foreign powers, whether brought here by contract or by the monopolies of America, or assisted here by the gov- ernments whose policy reduced them to pauperism. The Pittsburgh Commercial Gazette, in ita issue of December 11,1883, publishes a " special" from Erie,Pa., to the effect that H. W. Heichhold,son of the United States inspector of customs of that name, had that day (December 10) returned from Lake Superior and r eported a distressing condition of affairs at Jack Fish Bay and other points on the northern shores of Lake Superior. He stated that at these points 3,000 Italian laborers were left in a terrible state of destitution. They were brought from Italy by agents with the understanding that they were to have employment on the Canada Pacific Railway. .As they perhaps reached there late in the season, when work had partially suspended, their agents de- serted them in many· instances and left them without money, food, or shelter. Some of them made their wa y to the United States or southern shores as stow- aways. They complained bitterly of the treatment to which they were sub- iected by the agents, who held out great inducements to get them here and then sold their labor at so low a rate that it was impossible for them to procure more than the actual necessaries of life while they worked, after which they were turned a.drift. Thousands of them were on the northern shores, cut off from civilization, in the middle of winter, many of whom no dou_bt have ere this died of exposure and starvation. Those who reached our shores are in all probability, for the present, nt least., a charge upon the communities where they found shelter. During the coming spring and summer those who survive will seek our shores and contribute their share toward the depression and degradation of American labor. · Your committee believe and state, and the statement is baaed upon what it believes to be reliable information, that there are at present over 2,000 imported 

Hungarians employed in the coke regions of Pennsylvania. .According to the statement of Captain Schoonmaker, brother of the largest individual coke mo.n- ufadurers in the region, these people are from the very lowest stratum of the population of Southern E~trope, prob~bly the offspring of~rfsand slaves. They look upon every well-dressed .Amertcan a.s a lord or· pnnce. One of the pay- rna ters at Uniontown, Pa., says that a number of them tried to kiss his hand the first time he paid them. All of them save the money they make, and many of them send it to Hungary to bring over their friends and kindred. They are, as a matter of course, favorites with operators, as they never grumble about wages, and take what is given them by the company stores without murmur- ing, and besides, they never strike. In respect to economy and frugality they 

greatly resemble the Chinese. One of them will walk miles; if necessary, to a butcher's shop and carry off thankfully the offal and refuse given him. The women assist the men, and do fully as much work. Children of both sexes not more than 5 years of age assist their mothers in loading the coke cats. Nearly 

everything they eat is boiled in a pot brought from Hungary. As many as forty are known to live in a single hut of two small rooms. Free American workingmen, with American ideas, culture, and intelligence, can not possiblf compete wilh these people. The situation is essentially parallel to that which mduced Congress to prohibit the importation of the Chinese. Italians and Hungarians are now brought to this country in precisely the same manner that the importation of Chinese was begun seventeen years ago. The Chinese were brought to California. under contra<:t and then hired out to the Union Pacific, Central Pacific, and other railway companies. Italians have been brought here in the same way to work for the Nickel Plate, Ohio River, and other railway companies in the East~rn, Southern, and Middle States. If it became necessa-ry to protect the American workingmen of the Pacific Slope from the disastrous and debasing competition of cooly labor, the same argument now applies with equal force and pertinency to the importation of pauper labor from Southern Europe. In this connection the following statistics of immigration maybe interesting. 

They cover four years, beginning July 1, 1879, and ending June 30, 1883. 

Mr. BLAIR I ask unanimous consent that the tabulations coming 

in at this point, about one page of figures, may be omitted. If there is 

objection from any liOurce I will withdraw the request. 

The PRESIDING OFFICER (Mr. INGALLS in the chair). Is there 

objection to the omission of the reading? 

Mr. VEST. !object. 

Mr. BLAIR. I did not observe who was the occupant of the chair 

until I began my question. 

The PRESIDING OFFICER. No apoiogy is necessary. 

The reading of the report was resumed _as follows : 

ENGLAND. 

Years. 

1880 .................................................................................. . l8S1 .................................................................................. . 1882 ..................... ............................................................. . 

1883 .................................................................................. . 

mELAND. 

1880 ...................................... .............................. .............. . 1881 .................................................................................. . 1882 .................................................................................. . 1883 .................................................................................. . 

1880 ....................................................................... ...... ..... . 1881 .................. _ ......................................................... ..... . 1882 ................................................................................. . 1883 .................................................................................. . 

HUNGABY. 

1880 ........................................................... ....................... . 1881 ..... ................................................... ... ....................... . 1882 .......................... ............... ........................... ............ .. 1883 .......................................................................... ........ . 

ITALY. 

1880 .. ... ... ................. ................. ....................................... . 1881 ................................... ............................................... . 1882 ....................................................................... ........... . 1883 ....................... .... : ......................... ........................ ..... . 

CHINA. 

1880 ........ : .......................................................... .............. . 1881 .......................................................... : ....................... . 1882 .................................................. ................................ . 1883 ........................................................ .......................... . 

Males. 

37, 661 40,401 

51.575 

38;174 

167,811 

38, 151' 37,~ 

40,980 

41,495 

158,013 

Females. 

21,793 

24, 776 30, 819 24,966 

102,354 

33,452 

34,955 

35,452 

39,991 

143,850 

52, 743 31. 895 

128, 399 82: 086 148,466 102,164 

111, 778 83, 008 1-----1---

441,386 

2,964 

4, 554 6,753 

8,907 

299,153 

1,399 

2,272 

2,176 

2,333 

23, 178 8, 180 

8,677 

n,tm 

27, 422 28,217 

715, 8frl 

5,732 

11,815 

39,463 

7,987 

3,650 

a,816 

4,655 

3,567 

15,688 

70 

75 

116 

44 

64,997 3(X) 

During these four years the number of female immigrants was 37.8 per cent of the total immigration from England, 47.6 per cent. of the total immigratio~ 

from Irelan~, 40.~ pel'_cent. of the total immigration from Germany, 26 per cent. of the totalunnugratlon from Hungary, 17.1 per cent. of the total immigration fro~ Italy, and less ~an half of 1 per cent. of t-he total immigration from China. Durmg the year ending June 30 1883, the total number of male immigrants above fifteen years of age from Ita)y was 26,691, while the total number of female ~gra.~U! above t~at age was but 2,566, or les.<;~ than 8.8 per cent. of the total 1mm1gratwn. Dnnng the same year the number of male immigrants from Hungary above fifteen years of age .was 7,953; female immigrants above that age, 1,627, or less than 17 per cent. of the total immigration. These figures demonstrate most conclusively that during each of the last four years thousands of male Italians and Hungarians who are not the heads of families reach our shores. · 

The immigrant who comes here with his family gives a.!Surance of his inten- t!on to remain here, ~ome a.· citizen and a ~ermanent factor in our popula- tiOn. It can not be clat.med that these are mamly young men for during the same year ending June 30, 1883, the number of male immigr~nts from Italy above 39years of age was4,428, while the number of females above that age was only 394. From Hungary, during the same period, the number of male immi- grants above 39 years of age wa.s 1,187, as against 185 females above tha.t age. There can bE; no ~oubt but t~ese pe_ople come togeth~r in large numbers, and when thetr abJect poverty lS constdered the concluston that they are im- ported becomes irresistible. In 1880, according to the Tenth Census reports Chinese males in the United State,sand Territories exceeded Chinese females i~ numbe r 96,000. In commenting upon thi!r fact, the Hon. John Eaton, Commis- sioner of the Bureau of Education, in the report for 1881, says that this circum- stance proves "that. their stay in the country is only provisional and temporary, and that they can gtve no 'hostages to fortune.'" Again, Mr. Eaton says, in the s!lme report, speaking about the Chinese: "In- dustrious, frugal, law-abiding families are the best foundations of a state." Contrasting the import.ation of coolies in the direction of the excess of males above females with the ·assisted" immigration and importation from Southern Europe, we find that during the last four years the excess of male Italians above females who landed upon our shores to be60,199, while the nu_mberof male Hun- garians in excess of fem~les, in an a-lmost compa.rative smaller immigration, was during the same penod, 15,000. In 1880- the number of Italians of foreign birth in the United States was 44,230. At the same ratio of disproportion between the sexes, Italian males exceed It&lian fe.males in the United States to-day over 92,000 in a. total population of little over 135,000, and Hungarian males exceed females nearly 23,000 in a total population of 42,884, there being but 11,526 of these people of both sexes in the Unit-ed States in 1880. The total Chinese popu- lation of both sexes in 1880 wa.s 104,427, the excess of males being 96,000. The parallelism between the Chinese and Italians in this direction is certainly strik- ing. As bearing upon the character of these immigrants as desirable ma~rial 

for citizenship, the following data, compiled from a statement on comparative statistics on education, issued by the Bureau of Education for and during the 
,, 

1884. CONGRESSIONAL RECORD-SENATE. 6061 . year 1882, nia.y be of interest. England, Ireland, and Germany are included for the purpose of contrast. 

Percent- Amount Per capita. ageofpopCountries. Po pula- Attending ulation paid for paid for t10n. schools. attending school school 

schools. purposes. purposes. 

--

Per cent. United States ............ 50,155,783 10,035,546 20.0 $81, 795, 929 $163 

Englan;l and Wales .. 25,968,286 3,898,936 15.4 13,749,315 53 Ireland ..................... 5,159,839 1,031, 995 20.0 2,677,080 50 Germany ................. 45,149,1-72 7,744,176 17.2 ···2:soo:ooo· . ........... i4:'6 Hungary .................. 15,666,000 1,602, 787 10.2 Italy ........................ 28,209,620 2,086,044 7.4 6,000,000 21 

The German Empire publishes no educational budget, hence the amount ex- pended for education during 1882 is not given. From these figures it will be seen that 20 per cent. of the entire population of the United States attend schools of some grade, while but 10.2 per cent. of the population of Hungary and 7.4. per cent. of the population of Italy attend any grade of schools. It will be also ob- served that while we paid for educational purposes, in 1882, $L63 per capita, 

Italy, during the same year, paid but21 cents,-and Hungary but 14 cents and 6 mills per capita for educational purposes. In view of these conditions, even voluntary immigration from these sources can hardly be regarded as an un- mixed blessing. But when it is stimulated, encouraged, and" assisted'' by great 

monopolies and capitalists, purely for selfish ends, regardless ofthemiserythey entail upon others, and the permanent injury they inftictupon the country, the General Government should interpose timely and vigorous measures to check the evil. This becomes more apparent and urgent when an investigation of the statistics of the immi&"ration discloses the fact that immigration from England, 

Ireland, Germany, and other European countries from which the better class of immigrants come, is steadily decreasing, while immigration from southern Europe is steadily increasing. 

When the pressure of population upon subsistence becomes sharp and severe, the immigration from the eountry where such pre sure exists invariably in- creases. This is noticeable in the case of Ireland. From 1873 to 1880 immigra- tion from that country steadily and rapidly decreased; but from 1880 to 1883, 

owing to the failure of crops, more, perhaps, ~han to political disturbances, im- migration rapidly increased, the increase in 1880 over 1879 being over 50,000. 

Should like circumstances arise in Italy or Hungary, or other countries of South- ern Europe, in the future, powerful corporations could easily displace millions of American workmen by this pauper labor by simply prepaying the passage of people who would gladly flee from want and starvation, if enabled so to do. 

It may be well to bear in mind that the figures given above do not represent the actual number of these people now in the United States. The number is probably greater than the statistics show. A large number of this class of im- migrants land in Canada, who subsequently find their way to the United.Statea, but are classed in our statistics as Canadians. The 8,000 Italians imported to work on the Canada Pacific Railway is an instance demonstrative of this prop- osition. 

Canadian statistics show that the foreign-born population of the four old and leading provinces of the Dominion in 1871 was 582,624, while in 1881 it is stnted at 561,872,a decrease of20,752 in ten years. Yet the same statistics claim an im- migration during \hese ten years of 319,321. If this be true, it is evident that tlie greater portion of this foreign accession subsequently migrated to the United States. As evidence tending to show the efforts employers of labor a-re making to supplant American workmen with foreigners, and still further demonstrating the necessity for passage of this bill, attention is called to the following resolu- tion of the 'Vindow-Glass Manufacturers' Association, held at West End Hotel, 

Long Branch, July 11, 1883, which is submitted without comment: "On motion of Mr. Gorsuch it was resolved, by a vote of 13 to 8, that the treas- urer be authorized to pay a sum not exceeding $30 per ma.n for eaeh blower or gatherer brought over from Europe after August 1., 1883, provided the same be. employed by some member of this association, and providedtheyarenotwork- meu who have been in this country within the twelve months last past." The committee had before it and took the testimony of some of the leading and most intelligent men in the labor organizations of Massachusetts, New York, New Jersey, Pennsylvania, Indiana, and Ohio. A summary of their tes- timony is appended hereto, as are also copies of contracts signed in Europe by the imported workmen. The importance of this subject, its bearing upon the social, political, and economic condition of our people, together with the magni- tude of the interests involved, will, it is hoped, furnish an apology for the length of this report .. 

Mr. BLAIR. There follows the report testimony, some six pages of 

it in fine print. It is sworn evidence as to facts. I do not ask to have 

the reading dispensed with as part of the report if any one thinks it 

important that it should be read and spread upon the RECORD. 

The PRESIDING OFFICER. The Senator from New Hampshire 

asks unanimous consent that the further reading of the appendices to 

the report may be dispensed with. 

.Mr. BLAIR. And that the same may be printed. 

Mr. HA WLE?. I object. 

The PRESIDING OFFICER. TheSezmtorfromConnecticut desires 

that the reading proceed. 

Mr. HAWLEY. I have not heard enough of it yet. 

The PRESIDING OFFICER. The reading will proceed. 

Mr. HAWLEY. I will withdraw my objection iftheChairwillentertain a motion thn.t the Senator from Pennsylvania· [Mr. CAMERON] 

desires to make. 

Mr. CAMERON, of Pennsylvania. I want to make a motion that 

the Senate proceed to the consideration of executive business. 

Mr. BLAIR. It is impossible to hear what is being transacted. 

ThePRESIDING OFFICER. TheSenatorfromPennsylvaniamoves 

that the Senate now proceed to the consideration of executive business. 

Mr. BLAIR. Has he the floor for that purpose? 

Mr. CAMERON, of Pennsylvania.. There are a number of matters 

that require attention in executive session. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from Pennsylvania. 

The motion was agreed to. 

EXECUTIVE SESSION. 

The Senate proceeded to the consideration of executive business. 

After an hour and a half spent in executive session the Senate (at 5 

o'clock p. m.) took a recess, reassembling in executive ses~on at 8 

o'clock p. m. ; and at half past 8 o'clock took another recess till 9 o'clock, 

reassembling at that time in executive session. The doors were opened 

at 9 o'clock and 50 minutes p. m . 

MESSAGE FROM THE HOlJSE. 

A message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the Honse had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H. R. 6770) making appropriations for the consular and diplomatic service of the Government for the 

fiscal year ending June 30, 1885, and for other purposes, further insisted upon its disagreement to the amendments of the Senate numbered 158, 166, and 167, asked a further conference with the Senate 

on the disagreemg votes of the two Houses thereon, and had appointed 

Mr. J. N. BuRNES of Missouri, Mr. RICHARD W. TOWNSHEND of illinois, and Mr. W. D. W .ASHBURN of Minnesota managers at. the further 

conference on the part of the Honse. 

The message further announced that the Honse had passed the bill 

(S. 28) to confirm the status of John N. Quack en bush as a commander in 

the United States Navy. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had signed 

the following enrolled bills; and they were thereupon signed by the 

President pr(! tempMe: 

A bill (H. R. 2487) for the relief ofBvt. Maj. Gen. William W. Averell, United States Army; and 

A bill (H. R. 1985) granting a pension to Malvin Pierce. 

PRESIDENTIAL APPROV .A.L. 

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

PRUDEN, one of his secretaries, announced that he had this day approved and signed the following act: 

An act (S. 1721) for a bridge across the Missouri River at White 

Cloud, in Doniphan County, Kansas. 

CONSULAR AND DIPLOMATIC APPROPRIATION BILL. 

The PRESIDENT pro tempore. The Chair lays before the Senate the 

consular and diplomatic appropriation bill. The message of t.he House 

of Representatives and the report of the conferees will be read. 

The Chief Clerk read as follows: 

IN THE HOUSE OF REPRESENTATIVES, July 5,1884. 

R~lved, That the Housefurtherinsiston its disagreement to the on~ hundred u.nd fifty-eighth, one hundred and sixty-sixth, and one hundred and sixtyseventh amendments of the Senate to the bill (H. R. 6770) making appropria- tions for the consula.r and diplomatic service of the Government for the flecal year ending June 30, 1885, and for other purposes, and ask a further conference with the Senate on the disagreeing votes of the two Houses thereon. 

The PRESIDENT pro tempore. The action of the House of Representatives on the conference re})Ort will be read. 

The Chief Clerk read as follows: 

lN THE HOUSE OF REPRESEI\'TATIVES, July 5, 1884. 

Resolved, That the House concur in the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 6770) making appropriations for the consular and diplomatic 

service of the Government for the fiscal year ending June 30,1885, and for other purposes. 

The PRESIDE~T pro tempMe. The first question is on agreeing to 

the report of the Senate conferees, which will be read". 

The report was read, as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 6i70) making appropriations for the consular and diplomatic service of the Government for the fiscal year end- ing June 30,1885, and for other purposes, having met, after full and free confer- ence have agreed -to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its amendments numbered 11, 26, 27, 30, 33, 43, 46, 

55,58,75, 135,139,141,142,145,146,147,148,151,152,153, 154., 155,160, 162,and 165. That the House recede from its disagreement to the amendments of the Sen- ate numbered 1,2,3, 4,5, 6, 10, 13, 19,20, 21, 22, 23, 28, 29,31,32, 34,35, 36,40, 45,47, 

48, 49, 50, 51, 52, 53, 5-!, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 74, 76, 77, 78, 79, 

81, 82, 83, 84, 85, 86, 87, 88, 9, 90, 91, 92, 93, 94., 95, 96, 97, 99,100,101,102,103, 1(}!, 105, 106, 

107, 108,109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120,121, 122,123, .124, 125,127, 

129, 130,132,133,13-1,136, 137, 144, 156,157, and 161, and agree to the same. Amendments numbered 7 , and 9: That the House recede from its disa-gree- ment to the amendments of the Senate numbered 7, 8, and 9, and agree to the same with an amendment as follow : In lieu of the amended paragraph insert the following : "Forsalariesofministersresidentin Belgium, Netherln.nds, Hawaiian Islands, and Sweden and Norway, atS7,500each,$30,000. "For salaries of ministers resident and consuls-general in Venezuela and Argentine Republic, at $7,500 each, $15,000." And the Senate agree to the same. Amendment numbered 12: That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment as follows: In lieuofthesum proposed by said amendment insert "$45,000;" and the Senate agree to the same. . Amendment numbered14: ThattheHouserecedefromitsdisagreement to the amendment of the Senate numbered 14, and agree to the same with an amend- ment as follows: In lieu of the sum proposed by said a.mendment insert " $12,000; " and the Senate agree to the same. . Amendments numbered 15 and 16: That the House recede from its disagree- ment to the amendments of the Senate numbered 15 and 16, and agree to the 

~ -= 
6062 CONGRESSIONAL REOORD-S~NATE. JULY 5, 

same with amendment-s as follows: In lieu of the sums stated in each of said amendments inaert "$2,625 ; " and the Senate agree to the same. Amendments numbered 17 and 18: That the House recede from its disagree- ment to the amendments of the Senate numbered 17 and 18,and agree to the same with an amendment as follows : In lieu of the amended paragraph insert the following: "For salaries of' the secretaries of the legations in Spain, Turkey, Austria, 

Italy, Brazil, and Mexico, at $1,800 each, ~.400; for salary of a clerk to the lega- tion in Spain, $1,200." And the Senate agree to the same. Amendmentnumbered24: That the House recede from its disagreement to the amendment of the Senate numbered 24, and agree to the same with an amend- ment as follows: In lieu of the matter proposed to be stricken out by said amendment insert the following: "And no secretary or second secretary of any legation shall be entitled to or receive any compensation over and above his salary as such secretary for ading as charge d 'affaires during the temporary or other absence without leave of the minister to whose duties he may suc- ceed ; '' and the Senate agree to the same. Amendment numbered 25: That the House recede from its disagreement to the amendment of the Senate numbered 25, and agree to the same with an amendment as follows: In I ieu of the amended paragraph insert the following: "For the ·salaries of interpreters to the legatious in China. at $3,000, and in .Japa.n and Turkey at S2,WO each, $8,000. But no person drawing the salary of interpreter as above provided shall be allowed any part of the salary appropri- ated for any secretary of legat·ion or other officer." Anu the Senate agree to the E~Rme. 

Amendments numbered 07, 38, and 39 : That the House recede from its disa- greement to the amendments of the Senate numbered 37, 38, and 39, and agree to the same with an amendment as follows: In lieu of the amended paragraph insert the following: "For salaries of the consuls-general at Frankfort, Vienna, Bucharest, St. 'Petersburg, and Halifax, at $3,000 each, 315,000." And the Senate agree to the same. Amendments numbered 41 and -42: That the House recede from its disagree- ment to the amendments of the Senate numbered 41 and 42, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out, and the matter proposed to be inserted by said amendments, in- sert the following: "For salaries of the consuls-general at Constantinople and Rome, at S2,GOO each, $4,000; for salary of the consul-general at Mexico, $2,500; " and the Senate agree to the same. Amendment numbered«: That the Hous~ recede from its disagreement to the amendment of the Senate numbered ~~. and agree to the same with an amendment ae follows: In lieu of the sum proposed by said amendment in ert "$335,600;" and the Senate agree to the same. Amendment numbered 68: '!'hat the House recede from its disagreement to the amendment of the Senate numbered 68, and agree to the same with an amendment a.s follows: Insert after said amendment the following: "Greece, 

Athens; " amd the Senate agree to the eame. Amendment numbered 80: That the House recede from it.<J disagreement to the amendment of the Senate numbered ~. and agree to the same with an amendment as follows: At the end of said amendment insert ":Mata.mora.s; " and the Senate agree to the same. Amendment numbered~: That the House recede from its disagreement to the amendment of the Senate numbered 96, and agree to the same with an amendment as follows: After said amendment insert the followit1g: " Friendly and Naviga,tor's Island, Apia;" and the Senate agree to the same. Amendment numbered 126: That the House recede from its disagreement to the amendment of the Senate numbered 126, and agree to the same with an amendment as follows: In lieu of the matter proposed to be tricken out by said amendment insert the following: "And after June 30,1884, no con ul or consul- general shall be entitled to or allowed a n y part of any t>alary appropriated for payment of a secretary or second secretary of legation or an interpreter ; " and the Senate agree to the same. Amendment numbered 128: That the House recede from its disagreement to the amendment of the Senate numbered 128, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by said amendment insert the following : ' 'For allowance for clerks at con sulates, $47,-

920, a-s follows: For the consul at Liverpool, a sum not exceeding the rate of $2,000 for any one year; and for the consuls-general at London, P aris, Havana, Shanghai, and Rio de .Janeiro, each a sum not exceeding the rate of ,...1,600 for any one year· for the consuls-general at Berlin, Frankfort, Vienna, and Kanagawa, and for the consuls at Hamburg, Bremen, Manchester, Lyons, H ong-Kong, Havre, 

Crefeld, and Chemnitz, each a sum not exceeding the rate of $1,200 for any o ne year; for the consul-general at 1\Iontreal, and for the consuls at Bradford and Birmingham, each a sum not exceeding the ra.te of $960 for any one year; for the consuls-general at Calcutta, Port au Prince, Hayti, and Melbourne, and for the consuls at Leipsic, Sheffield, Sonneberg, Dresden, Marseilles, Nuremberg, 

Tunstall, Antwerp, Bordeaux, Colon (Aspinwall), Glasgow, and Singapore, ench a sum not exceeding therateof $BOO for any one year; for the cons uls at Belfast, 

Barmen, Leith, Dundee, and 1Ylatamoraa, and for the consul-general at Halifax, each a sum not exceeding the rate of 3640 for any one year; for the consu1-gen- eral at Mexico, and for the consuls at Naples, Genoa1 Stuttgart, Florence, Ma.nn- heim, Prague, Zurich, Panama., and Demerara, eacn a sum not exceeding the rate of $480 for any one year ; " and the Senate agree ~ the same. . Amendment numbered 131: That the House reoede from its diaagreement to the amendment of the Senate numbered 131, and a~ree to the same with an amendment as follows: In lieu of the sum proposed m said amendment insert "$6,000; " and the Senate agree to the same. Amendment nom bered 138: That the House recede from its d-ieagreement to the amendment of the Senate numbered 138, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by said amendment insert the following: "For salaries of eight marshals for the con- sular courts in .Japan, China, and Turkey, 58,000;" and the Senate agree to the same. 

Amendment numbered 140: That the House recede from its disaJii',Teement to the amendment of the Senate numbered 1-«>, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by said amendment insert the following : "For hiring of steam-launch for use of the le- gation at Constantinople1 S500; " and the Senate agree to the same. Amendment numberea 143: That the House recede from its disagreement to the amendment of the Senate numbered 143, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out by said amendment insert the following: " For the expense of providing all such stationery, blanks, record and other books, seals, presses flags, signs, rent, post- age, furniture, statistics, newspapers, freight (foreign and domestic), telegrams, advertising, messenger service, including $6,000 for other miscellaneous ex- pensesas the President of the United States may think necessary, for the several consulates and commercial agencies in the transaction of their business, sno,- 000 ; " and the Senate agree to the same. Amendment numbered 149: That the House recede from its disagreement to the amendment of the Senate nom be red 149, and agree to the same with amend- ments a-s follows: Restore the paragraph propOiied to be stricken out by said amendment and in lieu of the sum of$5,000 therein stated insert the sum of $7,500; and the Senate agree to the same. Amendment numbered 150: That the House recede from its disagreement to 

the amendment of the Senate numbered 150 and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by said amendment insert the following: "For rent of prisons for American convicts in Turkey 11ond for wages of keepers of same, $1,000;" and the Senate agree to the same. 

Amendment numbered 159: That the House recede from its disagreement to the amendment of the Senate numbered 159, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out by said amendment insert the following: "For the purpose of enabling the Presi- dent to provide at the public expense all such stationery, blanks, record and other books, seals, presses, flags1 and signs, as he shall think necessary for the several legations in the transactiOn of their business, and also for rent, postage, 

telegrams, furniture, and traveling expen es including for miscellaneous ex- penses, a5,00Q ; in all, $75,000 ; " and the Senate agree to the same. Amendment numbered 163: That the House recede from its disagreement to th amendment of the Senate numbered 163, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by eaid amendment insert the following: "For an agent to the E:tates of the Congo Association, $5,000, said agent to be charged with introducing and extending the commerce of the United States in the Congo Valley, and for suc.Q purpose the further sum of $10,000, or so much thereof as may be necessary. And the Presi- dent is hereby authorized to appoint· in the recess of the Senate such agent, whose commission shall expire at the end of the next session of the Senate; " and the Senate ngree to the same. Amendment numbered 164: That the House recede from its disagreement to the amendment of the Senate numbered 164, and agree to the same with an amendmer~t n.s follows: In lieu of the sum proposed in said amendment insert " $5,000; " and the Senate agree to the same. On amendments numbered 158,166,and 167 the COJILmitteeofconferenceis un- able to agree. 

The report was concurred in. 

W. B. ALLISON, EUGENE HALE, JAS. B. BECK, 

Managers on the part of the Senate. 

.JAMm:J N. BURNm:J, R. W. TOWNSHEND, W.D. WASHBURN, 

Manager& on ~pari of the House. 

Mr. ALLISON. I move that the Senate further insiston its amendments not disposed of, and agree to the conference asked by the House. 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate further insist orrits amendments·numbered 158, 166, and 167, 

and agree to the conference asked by the House of Rep.resentatives th~a · Mr. VEST. I should like to hear those amendments read, and should 

like to have the vote taken separately. 

The PRESIDENT pro tempore. · The amendments will be reported. 

No. 158 will be first read. 

The CHIEF CLERK. On page 11, after line 615, the Senate inserted 

the following words: 

To meet the necessary expenses attendant upon foreign intercourse, to be expended under the direction of the President, pursuant to the requirement of section 291 of the Revised Statutes, $250,000, or so much thereof as may be neces- sary. 

The PRESIDENT pro tempore. The Senator from Missouri demands 

a separate vote on the motion of the Senator from Iowa upon this amendment. Senators in favor of the motion of the Senator from Iowa that the 

Senate further insist on this amendment will say "ay," contrary 

opinion •' no." [Putting the question.] 

The motion wa agreed to. 

The PRESIDENT pro tempore. The ne:JI.t amendment will be read, 

No.166. 

:Mr. VEST. I want to vote against them, but I withdraw the request 

for the reading of the remaining amendments. 

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

motion of the Senator from Iowa in respect to these two amendments, 

that the Senate further insist and agree to the further conference asked 

by the House of Representatives. 

The motion waa agreed to. 

By unanimous consent the President pro tempore was authorized to 

appoint the conferees on the part of the Senate; and Mr. ALLISoN, Mr. 

HALE, and Mr. COCKRELL were appointed. 

Mr. ALLISON. I will state that probably in twenty minutes from 

this time I shall be able to make a report from the committee of con- ference on the sundry civil bill. 

COUNT OF ELECTORAL VOTES. 

Mr. HOAR. Mr. President, the Senate appointed some days since 

conferees to meet conferees appointed by the House in regard to the 

bill providing forth~ electoral count. Those conferees have had several meetings; and while it is not my purpose to make a formal report, as no report has been authorized to be signed by the conferees, yet I 

think it proper, as the subject is an important one, to say to the Senate 

that the conferees have had several meetings and have made no progress toward an ~eement. I suppose it is proper to say that I see no 

possible hope of an agreement between the two branches upon that 

subject unless the Senate should agree to put the whole matter of 

counting the electoral vote in the power of the House, either by legislation which should put the su~iect fairly whhin the control of the 

House as a separate body, or (what seems to the conferees on the part 

of the Senate, all of them, equally inadmissible) to clothe with the 

power of counting the vote a body made up of the members of the Senate and the House voting as one body per capita. 

The House have communicated to the Senate an amendment to that 

bill which is b~ upon that theory; and it seems to me, as I believe 
1884. CONGRESSIONAL RECORD- SENATE. 6063 

it does to every member of the Senate, without distinction of party, 

without exception, a proposition entirely unknown to the Constitution 

and totaJJ.y inadmissible in principle and totally inexpedient and impracticable. · FOREIGN-LABOR CONTRACTS. 

Mr. BLAIR. I call for the regular order, which is the reading of the 

report of the committee on the contract-labor bill. 

The PRESIDENT pro tempore. The Senator from New Hampshire 

calls for the regular order. 

Mr. CULLOM. I ask the Senator to yield to me that I may report 

a little pension bill. 

The PRESIDENT pro tempore. The regular order will be laid before 

the Senate. 

The Senate as in Committee of the Whole resumed the consideration 

of the bill (H. R. 2550) to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the 

United States, its Territories, and the District of Columbia. 

Mr. CULLOM. I now ask leave to make a report. 

The PRESIDENT pro tempore. The Senator from illinois asks unanimous consent to make a report. 

Mr. CULLOM. On a pension bill, and ask that it be put on its paasage. 

Mr. BLAIR: Not to displace the regular order. 

The PRESIDENT pro tempore. Is there objection to receiving the 

report? The Chair hears none. 

SUSAN Y. ATI'WATER. 

Mr. CULLOM. The Committee on Pensions instruct me to report 

favorably the bill (H. R. 204) granting a pension to Susan Y. Attwater. 

This is the widow of a private soldier. I a.sk that the bill be put on 

its passage at once. . Byunanimous consenttheSenate, asinCommittee of the Whole, proceeded to consider the bill. It proposes to place on the pension-roll 

the name ofSnsan Y. Attwater, widow of Thomas Attwater, deceased, 

who was a private in Company C of the One hundred and twelfth Regiment Illinois Volunteer Infantry in the late war for the suppression 

of the Southern rebellion. 

The bill wa.s reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

ISABELLA PALMER. 

Mr. MITCHELL. I am instructed by the Committee on PeiL..cdons 

to report without amendment the bill (H. R. 5553) granting a pension 

to Isabella Palmer. I ask for its present consideration. 

Mr. BLAIR. Let it be subject to the same understanding. 

The PRESIDENT pro tempore. The Senator from Pennsylvania asks 

unanimous consent to make a report from the Committee on Pensions 

at this time. Is there objection? The Chair hears none. 

By unanimous consent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill (H. R. 5553) granting a pension to Isabella Palmer. It provides for placing on the pension-roll the name of 

Isabella Palmer, blind daughter of John A. Palmer, deceased, late a. private in Company L, First West Virginia Cavalry volunteers. 

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

ROSELLA PEGG. 

Mr. MORGAN. move that the Senate proceed to the consideration of executive business. 

Mr. MITCHELL. I wish to report two pension bills, to be now considered. 

Mr. MORGAN. I yield, then. 

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

another bill favorably. 

The PRESIDENT pro tempore. The Senator from Pennsylvania a.sks 

unanimous consent to make a report from the Committee on Pensions 

at this time. Is there objection? 

Mr. BLAIR. Subject to a call for the regular order. 

The PRESIDENT pro tempore. Is there objection? The Chair hears none. 

Mr. MITCHELL. I am instructed to report without amendment the 

bill (H. R. 2574) granting a pension to Rosella Pegg, and I ask for ita 

present consideration. 

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the bill. It proposes to place on the pension-roll the 

name of Rosella Pegg, idiot daughter of James Pegg, deceased, late a 

private in Company G, Fifty-second Regiment Ohio Volunteers, and to 

pay her legal constituted guardian, for her use, the sum of $18 per 

month during her life. 

The bill wa.s reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

MAGDALENA COOK. 

Mr. MITCHELL. I am also instructed by the same committee, to 

whom waB referred tlw bill (H. R. 5088) for the relierof Magdalena 

Cook, to report it without amendment and with a favorable recom- mendation. I ask for its present consideration. 

There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It proposes to place on the pension-roll 

the name of :Magdalena Cook, widow of Jacob Cook, late a private in 

Company B, Thirty-third Regiment New Jersey Volunteers. 

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

ROWLAND WARD. 

Mr. VAN WYCK. I report favorably from the Committee on Pensions the bill (H. R.. 4180) granting an increase of pension to Rowland 

Ward. 

Mr. BLAIR. I suppose there should be consent asked. Of course 

there is no objection to it. 

The PRESIDENT pro tempore. The Senator from Nebraska asks 

unanimous consent to make a report from the Committee on Pensions 

at this time. Is there objection? The Chair hears none. 

Mr. VAN WYCK. I Mk for the present consideration of the bill. 

By unanimous consent, the bill was considered as in Committee of 

the Whole. It propo&-S to increase the pensionofRowland Ward, late 

a private in Company I, Fourth Regiment New York Heavy Artillery, 

to $40 per month, in lieu of the pension now received by him. 

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

MARIA L. LEE. 

Mr. VANWYCK. I report from the Committee on Pensions faTorably the bill (H. R. 1752) for the relief of Maria L. Lee, and I ask for 

its present cOnsideration. 

The Senate, by unanimous consent, proceeded to consider the bill as 

in Committee of the Whole. It proposes to place on the pension-roll 

the name of Maria L. Lee, widow of Abel H. Lee, who wa.s a scout in 

the Army of the Potomac during the war of the rebellion. 

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

a third reading, read the third time, and passed. 

P. W. BRADBURY. 

Mr. BLAIR. I a.sk unanimous consent, subject to a call for theregular order, that the Senate proceed to the consideration of the bill (H. 

R. 875) granting a pension to P. W. Bradbury. I do this at therequest of the senior Senator from Missouri [Mr. CocKRELL], who is engaged upon a conference committee, and desired, in case the pension 

cases were reached, that I should call the attention of the Senate to this 

one. The PRESIDENT pro tempore. The Senator from New Hampshire 

asks unanimous consent, subject to a call for the regular order, that 

the Senate consider the bill indicated by him. Is there objection? 

The Chair hears no objection, and the bill is before the Senate, as in 

Committee of the Whole, en the adverse report of the Committee on 

Pensions. It will be read. 

The Chief Clerk read the bill, as follows: 

Be it enacted, &c., That the Secretary of the Interior be authorized to place the name ofP. W. Bradbury, ofBa.int Louis, Mo., and formerly connected with the 

command of General John C. Fremont. as a. scout, on the pension-list at the rate of $20 a month. 

Mr. BLAIR. This bill passed the House and came to the Senate 

and wa.s reported adversely, upon the ground that the applicant was a 

scout. The injury was received in the performance of military duty, 

the duty of a scout. It was very severe, as lam informed by the Sena.-

torfrom Missouri [Mr. CocKRELL], who has personal knowledge of the 

circumstances. The injury has continued ever since, and the man is 

very thoroughly used up. · 

The Senator who reports it places the rejection of the claim allowed 

by the House upon the ground that the man wasa scout, and not having been mustered into the service regularly, is not entitled to compensation in the nature of a pension for his disability. He is not embraced, 

of course, under the provisions of the general law. If he were so embraced, there would be no occasion for application for a special act. I 

suppose these special acts are passed in order to reach exceptional and 

meritorious cases which are not covered by the v.enerallaw, for if the 

general law covered them there would be no occasion for the special acts 

which we are passing by the dozen every day. 

Mr. MITCHELL. Sucha bill as this has just been passed. 

:Mr. BLAIR. One case like this has just been passed, I am told. I 

did not ascertain tlie fact myself, but I learn that at former sessions we 

have passed bills like this for the relief of scouts. 

Mr. MITCHELL. Scouts are included in the general bill. 

Mr. BLAIR. The general bill now pending includes all such scouts. 

Their service -w:.as perhaps as a rule even more dangerous than that of 

the soldier himself. 

Mr. MILLER, of California. I should like to ask the SAna tor if 

there is any record of his service a8 a scout, where he served, how long 

he served, and what was.the nature of his duties? 

Mr. BLAIR. I am not able to give those particulars myself. They 

were in the evidence before the House committee, and I suppose they 

were before the Senate committee. The caae was established in every 

regard save only that the man waB a scout and was not mustered into 

the service. 
Iii 

IJ 

I 

- -

6064 CONGRESSIONAL RECORD- SENATE. 

I am informed that the adverse report is placed wholly and only 

upon that ground. His service WaB in actual war and was dangerous, 

and there is visible injury. The Senator from Jtlissouri informed me 

that he knew the man personally, knew of his injury, knew of his 

present condition, and assured me that it is a very meritorious case, 

and we know the Senatorwellenough to understand that his allegation 

in regard to such matters of fact is unquestionable and ~hat he is very 

cautious in his statemen~. 

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

a third reading, read the third time, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by :Mr. CLARK, ita 

Clerk, req nested the Senate to return to the House the bill (H. R. 6770) 

making appropriations for the consular and diplomatic service of the 

QQvernmen t for the fiscal year ending J nne 30, 1885, and for other purposes. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had signed 

the following enrolled bills; and they were thereupon sig:O.ed by the 

President pro tempore : 

A bill (H. R. 503) granting a pension to Hiram C. Henderson; 

A bill (H. R. 1970) for the relief of Jtlrs. Alice T. Sherwood; 

A bill (H. R. 2070) granting a pension to Decatur Hamlin; 

A bill (H. R. 2245l granting a pension to Eliza A. Shealey; 

A bill (H: R. 3321 granting a pension to Michael Shields; 

A bill (H. R. 3337 authorizing the inspection of the boiler of the 

steamship Kent; · A bill (H. R. 3493) granting a pension to Ann Hunter; 

A bill (H. R. 3979) granting an increase of pension to Mary Anna 

Egan; . . A bill (H. R. 4254) granting a pension to James Aaron; 

A bill (H. R. 4492) for the relief of 1t1rs. Pauline E. Milliken; 

A bill (H. R. 4694) granting a pension to James Clark; 

A bill (H. R. 55441 tor the relief of Laura J. Q{)ddard; 

A bill (H. R. 5889 granting a pension to .Alonzo Cooper; 

A bill (H. R. 6589 for the relief of A.sa Dye; 

A bill (H. R. 6677 to increase the pension of William Irving; 

A bill (H. R. 6750) to amend. paragraph 7 of section 2527 of theRevised Statutes; and 

Joint resolution (H. Res. 17) authorizing tne appointment· and retirement of Samuel Kramer as a chap]ain in the Navy of the United 

States. 

CONSULAR AND DIPLOMATIC APPROPRIATIO:N BILL. 

The PRESIDENT pro tempore. The Chair 'villlay before the Senate a message from the House of Representatives. It will be read. 

The Chief Clerk read as follows: 

IN THE HOUSE OF REPRESENTATIVES, Jtdy 5, 1884. 

.Resolved That the Clerk request the Senate to return to the House the bill 

(H. R. 6770) making appropriations for the consular and diplomatic service of 

the Government for the fiaro.l year ending .June 30,1885, and for other purposes. 

Mr. HOAR. I move the bill n.'l.med in the resolution be returned to 

the House of Repr-esentatives, in accordance with its request. 

The motion was agreed to. 

:VOREIGN-LAROR CONTRACTS. 

Mr. BLAIR. I call for the regular order. 

The PRESIDENT pro tempore. The Senator from New Hampshire 

calls for the regular order, which will be again laid before the Senate. 

Ur. MORGAN. · Pending that I move that the Senate proceed to the 

consideration of executive business. 

The PRESIDENT pro tempore. After the title of the bill is reported 

the Chair will recognize the Senator from Alabama. 

The CHIEF CLERK ''A bill (H. R. 2550) to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its TerritorieR, and the 

District of Columbia." 

The PRESIDENT pro tempore. Pending the consideration of this 

bill·tbe Senator from Alabama moves that the Senate proceed_ to the 

consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After twenty-five minutes spent in executive session the doors were reopened, and the Senate toqk a recess untilll o'clock p. m., reassembling at that hour in executive session. 

At 11 o'clock and 5 minutes p. m. the doors were x·eopened. 

ME SAGE FROM THE HOUSE. 

A message from the House of Representa.tives, by Mr. CLARK, its 

Clerk, announced that the House receded from ita disagreement to. amendments of the Senate to the bill (H. R. 6770) making appropriations for the consular and diplomatic service of the (i{)vernment for the 

:fiscal year ending J nne 30, 1885, and for other purposes, numbered 166 

and 167, insisted on ita disagreement to the amendment of the Senate 

numbered 158, asked a further conference with the Senate on the disngreeing votes of the two Houses thereon, and bad appointed Mr. J . N. BURNES of Missouri, Mr. R. W. TOWNSHEND of Illinois, and Ur. 

W. D. WASHBURN of Minnesota. managers at the further conference on 

the part of the House. 

LEGISLATIVE, ETC. 7 APPROPRIATION BILL. 

On motion of 1\Ir. ALLISON, Mr. DAWES was excused from further 

service as a manager on the part of the Senate at the conference on the 

disagreeing votes of the two Houses on the bill (H. R. 7069) making 

appropriations for the legislative, executive, and judicial expenses of 

the Government for the fiscal year ending June 30, 1885: andforother 

purposes. 

By unanim usconsent, the President pro tetnpore was authorized to 

fill the vacancy, and Mr. PLUMB was appointed. 

CONSULAR AND DIPLOMATIC APPROPRIATION BILL. 

The PRESIDING OFFICER (1\Ir. INGALLS in the chair) laid before 

the Senate the action of the House of Representatives receding from its 

disagreement to the amendments of the Senate to the bill (H. R. 6770} 

making appropriations for the consular and diplomatic ervice of the 

Government for the fiscal year ending J nne 30, 1885, and for other purposes, numbered 166 and 167, and insisting on ita disagreement to the 

amendment of the Senate numbered 158, and asking a further confer- ence thereon. 

Mr. ALLISON. I move that the Senate further insist on ita amendment numbered 158, and agree to the conference asked by the House 

of Representatives on the disagreeing votes of the two Houses thereon. 

The motion was agreed to. 

By unanimous consent, the presiding officer was authorized to appoint the conferees on the part of the Senate, and Mr. ALLISON, Mr. 

HALE, and Mr. COCKRELL were appointed. 

CLAIMS FOR F.RENCH SPOLIATIONS. 

Mr. HAWLEY, from the Committee on Printing, to whom was referred a resolution submitted by Jt!r. FRYE, reported it without amendment; and it was considered by unanimous consent, and agreed to, as follows: · 

Resolved, That there be printed for the use of the Senate 3,000 copies of the message of the President of the United States tmnsmitting the report of the Secretary of State relative to the papers on file in the Department of State touching 

the unsettled claims of citizens of the United States against France prior to .July 

31, 1801, together with the papers accompanying the same. 

PRINTING OF PENSION DOCUMENTS. 

Mr. HAWLEY. I am directed by the Committee on Prinru;g, to 

whom was referred a resolution submitted by the Senator from Pennsylvania [Mr. MITCHELL] to reprint House bill 5667, the Mexican pension bill, and Senate Miscellaneous Document No. 107, to report it with an amendment; and I ask for its present consideration. 

Mr. BUTLER. I object. 

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

SUNDRY CIVIL APPROPRIATION BILL. 

OnmotionofMr. ALLISON, Mr. BECKwasexcusedfromfurtherserv-. 

ice-on the committee of conference on the disagreeing votes of the two 

Houses on the amendments of the Senate to the bill (H. R. 7380) making 

appropriations. for sundry civil expen.ses.ofthe Government for the fiscal year ending J nne 30, 1885, and for other purposes. 

By unanimous consent, the President pro tempore was authorized to 

fill the vacancy, and Mr. COCKRELL W'tS appointed. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. ALLISON submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate, numbered as hereinafter stated, to the bill (H. R. 7069) making n.ppropriations for the legislative, executive. and judicial ex- penses of the·QQvernment for the fiscal year ending .June 30, 1885, and for other purpo es, having met, after full and free conference have agreed to recommend 

an:h~~ [~~s~:~e~~J~~~~~~=:n~~~~s ~u~~~~r21 and 200. 

That the House recede from its disagreement to the amendments of the Senate 

numbered 80, 81, 82, 83, 81, 85, 86, 87, 88, 91, 92, 94, 95, 2fYl, 208,209,210, and 211, nnd agree to the same. That ·the House recede from its disagreement to the amendment of the Senate 

numbered 93, and agree to the same with an amendment as follows: In lieq of the number proposed insert" 20 ;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Sen- ate numbered 206, and agree to the same with an amendment aR follows: In 

lieu of the number proposed insert" 75;" and the Senate agre~ to the same. That the House recede from its disagreement to the amendment of the Sen- ate numbered 212, and agree to the same with an amendment as follows: In lieu of the sum proposed insert " 1,955,150; " and the Senate agree to the same. The committee of conference is unable to agree on the amendments of the 

Senate numbered 21, 24, and 25. 

WILLIAM B. ALLISON, 

PRESTON B. PLUl\IB. 

FRANCIS 1\:I. COCKRELL, 

Manage-rs on the part of the Senate. 

.JOHN HANCOCK, .J. G. CANNON, 

Managers on the part of the House. 

Mr. ALLISON. This report closes up the difi'eren<JE>.s between the 

two Houses on every question except one, that relating to the miscellaneous items of the contingent expenses of the enate. Although 

there are three amendments, they all involve the same question. 

The Senate recedes from amendment numbered 27, which is the 

amendment 1·elating to the publishing of the debates. The House recedes from its disagreement to the amendment relating to the number 

of collectors of internal revenue, and also from ita disagreement to the 

amendment relating to internal-revenue districts and customs districts 

--
1~84. CONGRESSIONAL RECORD- SENATE. 6065 

.and the legislation with reference tt' llistilled spirits. It also agrees to 

the amendments relating to the force in the Pension Office, with a slight 

modification reducing one class from $2,000 1u S1,800. 

l\fr. CONGER. What is the point the conferees do not agree upon? 

Mr. ALLISON. The contingent expenses of the Senate. I ask that 

the report Jllil,y be agreed to. 

The report was concurred in. Mr. ALLISON. I move that the Senate still further insist upon 

amendments numbered 21, 24, and 25, and ask a further conference 

with the HoUse of Representatives thereon. 

:Mr. SHERMAN. I should like to have the amendments read. 

The PRESIDENT pro tempore. Amendments numbe.red 21, 24, and 

:25 will be read. 

The SECRETARY. Amendment numbered 21 is, on line 23, page 5, 

to strike out "ten," after the word "labor," and insert" thirty-four;" 

so as to read: 

For miscellaneous items, exclusive of labor, $34,000. 

The PRESIDENT pro tempore. The next amendment will be read. 

The SECRKI'ARY. Amendment numbered 24, page 5, line 25, was 

to strike out "sixty-two" and insert "seventy-six;" so as to read: 

In all, $76,770. 

The PRESIDENT pro tempore. The next amendment will be read. 

The SECRETARY. Amendment numbered 25 was to strike out all 

.after ''dollars,'' in line 26, page 5, down to and including line 1, on 

page 6, as follows: 

Prm;ided, That no part of the money appropriated by this act shall be ex- p ended for clerical services for any Senator, Representative, or Delegate in 

Congress. 

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

motion of the Senator from Iowa that the Senate still further insist 

upon these three amendments and ask a further conference with the 

House of Representatives thereon. 

The motion was agreed to; and by unanimous consent the President 

pro tempore was authorized to appoint the conferees on the part of the 

.Senate, and Mess1-s. AI.LISON, PLmrn, a.:ad COCKRELL were appointed. 

FOREIGN-LABOR COXTRACTS. 

Mr. BLAIR. Mr. PresidentThe PRESIDENT pro tempore. The pending order will be laid belfore the Senate. 

The CHIEF CLERK. "A bill (H. R. 2550) to prohibit the importation 

.and migration of foreigners and aliens under contract or agreement to 

J>erform labor in the United States, its Territories, and the District of 

Columbia.'' 

l\f1·. BLAIR. I ask that the reading of the report be continued. 

The PRESIDEN'l' pro tempore. The reading of the report will be 

-continued. 

Mr. BROWN. As this is a very important measure, and as it is very 

difficult to keep a quorum, and as we can not discuss a great question 

o{)f this character at the close of the session as we would have to do and 

as we ought to do if we mean to consider it properly, I move that the 

further consideration of the bill be po~tponed until the third Thursday 

in December next. 

Mr. BLAIR. I hope the Senator, if the question is to be taken, will 

oehange the time to the first Monday of December, at 2 o'clock. 

Mr. BROWN. I think there have been other bills put down for 

that day. 

Mr. BLAIR. 

Mr. BROWN. 

-other measures. 

No; later than that Thursday. 

I only want to avoid having the same time fixed for 

111r. BLAIR. I do not think that time is fixed for any measure, but 

"I can not say rn regard to that. The Secretary will be able to inform 

us whether other measures have been postponed to an earlier part of 

the month. I think as this is caught between heaven and earth and 

..about half discussed and half not discussed, half passed and half not 

passed, it ought to receive attention earlier than any other if it is postponed, and therefore I wish that it be taken up substantially as the unfinished business at the commencement of the next session. 

Mr. BROWN. My motion now is for the second Thursday in De-

.cember. 

The PRESIDENT pro tempore. The Senator from Georgia moves 

that the further consideration of this bill be postponed until the second 

"Thursday of December next. 

Mr. BLAIR. I gather the impression that a majority of the Senate 

is in favor of postponing this bill; but I would ask unanimous consent 

-that the remainder of the report, which was about half or two-thirds 

Tead, may be printed in connection with what is already spread upon 

:the record. ["No objection!"] 

The PRESIDENT pro tempore. Pending the motion of the Senator 

from Georgia, the Senator from New Hampshire asks unanimous consent that the residue of the report not yet read be printed in the REco()RD. Is there objection? The Chair hears none. 

The matter ordered to be printed in the RECORD is as follows: 

APPENDIX. 

SUMMARY OF TESTIMONY TAKEN BY THE COMMITTEE. 

..Mr T.V. P owderly, of Scranton, Pa., master workman of the Knights of Labor 

XV- .380 

of the United States, representing 500,000 workingmen who are interested in 

several bills which are before Congress, testified as follows: "I am interested in the eight-hour law, the land bill, and bill on imported 

hhor under contract introduced by Mr. FORAN. These imported men show no disposition to become citizens of this country, but, on the contrary, seek to obtain n. certain sum of money, which they consider a competence, and with it return to Italy or Hungary. I have seen eight of these people and one woman living in a small house, without beds or furniture, sleeping on the floor, and 

l.J,I ,·e been i uformed by reliable authority that these nine persons' expenses for oJ:t.• month was only $27. I have seen them in the Frostburg region of Marylu:! I . where they had been brought by agents, who engaged them atCa:stle Garden, li\'iug in a wooden building, sleeping on bunks, this building being fenced 

in to prc,·cnt them being communicated with by the people whose places they 

had taken. The diet of these men was water and mush, with a small quantity 

of meat on Sunday. These men are brought into competition with skilled as well as unskilled labor, and it is fast becoming as bad as tll.e competition of the 

Chinese in the West.. A demand is now going up for an amendment of the 

Chinese bill in such particulars as it has been shown deficient." 

William Leech, of 1\lalagn., N . J., of the ,V. G. W . A., said: "I was at Malaga la t year when certain Belgians were brought to that place. It was our duty to find out from them if the situation of atfairs at Malaga had 

been made known to them before they camb, or whether it ha.d not been misrepresented to them. When we attempted to obtain this information the company had thirty-five of us enjoined by the courts from interfering with them. The 

window-glass workers were ordered out of their homes in midwinter and com- pelled to move. Last spring we went to work, the Belgians in one factory and 

the citiz.ens in another. They have since left :1\Ialaga, the firm having changed 

managers.'' 

Emile Bouillet, of Zanesville, Ohio, W. G. W. A.:.h said: "I was hired at Antwerp by an agent of Dean F. williams;, of Zanesville, Ohio, 

who came for a set of men (sixty). When I went to see him I asked him why 

he came to Europe for men. He replied 'that.men were scarce and work plenty 

in the United States.' I told him we would expect the same wages paid in the 

United States. He said' they would pay the New York tari1f.' When wear- rived at Zanesville we discovered that the New York tariff was 25 per cent. less 

than the regular price. I complained to the company of this misrepresentation, 

and they answered that' they did not authorize the payment of more than what 

they were then paying.' At Kent the company did not pay the price agreed upon. They brought them to Kent on a contract for three years. The men were not permitted to associate with American workingmen lest they might 

find out the true state of affairs. Two of these men were• arrested and put in 

jail for: some days for violating this contract. When we arrived, a friend of one of u was met by a man whom he knew in Europe. As soon as they commenced to talk the manager ordered the arrest of the party. When wearrivedatl'l!ansfield, Ohio, a member of the firm came iuto the car and inquired if any of us could speak English: I answered that 'my father and I could.' He then warned us not to talk to the men." 

Que tion by member of committee. What is the difference between the wages paid these foreigners and Americans? 

Answer by John Schlicker. Between 28 and 50 per cent. Q. Did any of these people show a disposition to become citizens? 

A. 1 think not. William F. Barclay, representing the miners of the coke region of Pennsyl- vania, said : "\Ve have a great many of these so-called Hungarians. They are not Hun- gat·ians, but Sclavonians. They are not brought to our region on a written con- tract. 'l.'here is an agency in Pittsburgh and in New York for the employment 

.of tbese people, and to send them where they are called for. We are against the 

importation of these people because their influence is degrading. Firms employ 

these people in preference to Americans or other emigrants. They are easily 

impo ed upon, uot 5 per cent. of th r:__. oeing able to read. They perform this 

soft-coal mining very well, as it requires little skill. They have usually abou• one woman to every ten men. Their habits are disgu ting in the extreme. I saw and counted one day thirty-five women and children, employed forking 

?Oke and working about the ovens; the children poorly claa, of every age rang- Ing from 5years upward. They do not work on Sunday. To illustrate how 

they live: A yard boss, who went. to get men to work, got thirty-seven men out of a house containing four small rooms. They had no beds, but laid on the floor, 

heads and tails, I suppose. " I never knew one of these men to stay in the country. They spend compara- tively nothing, saving their money to return home; even when sick they go to the poor-house. until at last the authorities refused to longer entertain them 

while they had money. They will eat anything. They hang their meat out in 

the sun that it may become soft and tainted. The business men of the region are opposed to them. They get the same wages as the Americans, except when 

they work by the day ; then they are paid 33 per cent. less, which is all they are worth. This importation has reduced the price of mining, and makes it im- possible for the men to do other than submit to whatevE>r the operators demand or require of them, regardless of its justness. The condition of the miners and 

coke-makers generally is aggravated by the company stores which abound in 

thi district. I priced potatoes before I left, and could have bought them of an outside dealer for 50 cents per bushel, while the price in the company stores is 

80 cents per bushel. If the men do not deal in the store they are discharged. "I never met one of these Sclavonians who could speak English. We tried to organize the men to enforce the statutes of Pennsylvania, but it was a failure . The companies discharged the men who were act i~ in the matter. They were black-listed and refused work throughout the region. I was urged at another 

time to get up a strike by one of the operators so that the price of coke might be 

raised. 

"The Hungarians are paid 60 cents per ton, but they are so ignorant that they do not know what a ton is. The mines are wet, and these people work from 1 o'clock a. m. to 7 p. m. for a day. Americans and more skilled workmen could 

do the same amount of work in eight hours, but all have to wait on the wagons the filling of which is delayed by these men, thereby putting the skilled and the 

unskilled on an equality. We dare not lay our grievance before the coke man- ufacturers, for whoever does so will be immediately discharged. We are op- posed to strikes as they are of no use, and could not succeed with us while these 

people are in this state of ignorance. Our citizens and merchants are leaving the region. The conditions are becoming insufferable. The works run from two to five days per week, and t-he wages paid about 1.25 per day, or generallv 

eight ton,; at 13 cents per ton. The coke manufacturers are now trying to form a syndicate, that they may monopolize the coke business. There are some manufacturers who will not employ these foreigners, one of whom lives in the 

region.J' 

l\Ir. Bark lay also furnished the committee with the following written state- ment: 

"\Ve have the following evidence that the importation oflaborers under con- tract does exist. The captain of the vessel on which Joseph Welsh, brother of Hon. John Welsh, ex-member of the Pennsylvania. Legislature, came to the 

United States, informed him that the large number of ScJavonians on board the 

vessel were imported laborers shipped to America. under contract; that the importers had made a special contract. with the steamship company at a very low rate for their delivery in the United States, and that t-heir accommodation would 

be in accordance with the rates, and that should he (1\Ir. Welsh) not receive th"' proper care he should complain to him (the captain). I have this from 1\Ir. 
6066 CONGRESSIONAL RECORD-SENATE. JULY 5 .. 

Welsh himself. We have much other evidence of their being imported by spe- cial agreement to work for certain firms. 'Ve have discovered an agency at work engaged in the business of importing laborers, agents in Europe gather- ing t-he men, an agent in New York receiving them and forwarding them t.o destinations. I have in my possession evidence that a firm having a bran·ch in 

the city of Pittsburgh is engaged in this business. E. Dorner & Co. is the name of the firm who have received a certain amount per head for such imported laborers. _ "Paul 0. De Ester hazy, Austro-Hungarian consul in New York, has acknowledged the existence of such an agency, but says he is unable to do anything in 

the matter. The class imported by the coke manufacturers are the lowest beings that have ever been iu the State of Pennsylvania, subsisting upon wh&t an American laborer could not ea t-such as mules, hogs, &c., which have been 

killed or died with cholera and other diseases. Not one has ever been known t.o become an American citizen, but all return to Hungary within a limited time 

(about four years), with what money they can save by living in this miserable 

condition of filth and squalor. Women and children work, too, drawing coke 

and forking coke into cars, commencing work about 1 or 2 o'clock a.m. andreturning to their shanties as late as 7 p.m., working through all kinds of weather 

from two to five days per week. They seldom sleep in beds, but lie on the floor, 

with a board or a stick of wood up.der their heads, as large a number probably as forty in one house intended for a miner with an average family, one female 

serving about ten men in all relations between male and female, housewife and 

laborer in the coke yards. They are not known to purchase any of the luxuries 

which tend to elevate and enlighten the people, living in filth and wretched- ness; but hoard up their small earnings which they promptly forward to Hun- gary, thereby draining our district of the circulating medium. Being low in 

the scale of intelligence they are the willing slaves of the coke manufacturers, 

willing to submit to almost any conditions. " One of the tricks of the manufacturers is to import these people for the pur- pose of evading the laws enncted for the protection of the laboring classes. 

"The ' Check-weighman law' is an example. The people being unable to read and write, they promise them 30 cents per wagon of one-half ton ea-ch, but 

when they arrive here they are compelled to sign an agreement, making only 

about 18 cents per ton for mining. " I have known these beings during the time of the strike to have been 

dragged from their homes and driven down into the mines by the managers and coal and iron police. I have also known them to have been knocked down 

and kicked under cars for refusing to do more contract work. In all, they are mere tools by which the manufacturers gain almost any point they desire, to the degradatiort of our native workingmen and the detriment of our business men, making tramps of the former and bankrupts of the latter." 

William Ashton, of Philadelphia, Pa., W. G. ,V. A., said: " My information is in regard to importation of foreigners to Baltimore, Md. 

These men were brought under a contract; they were window-glass blowers. The first importation took pla-ce in 1879; forty-eight were then brought over by Swindell Brothers. The following year Baker Brothers imported seventeen, 

King Brothers twenty-two, and Swindell Brothers twenty-three. The first importation occurred during a strike; there was no strike when the second impor- tation occurred. Some of the foreigners refused to work and were arrested, but 

discharged before a hearing was had; their clothing was retained by the firm, and 

it was weeks before they could secure it. '.fhey were kept locked in houses, when not working, and could not be seen by the Americans. Most of them have since 

returned home, some being sent by the glass-blowers' association, and some by 

the Belgian consul, who complained bitterly of the treatment they received. 

The effect of their importation was the reduction of wages about 12 per cent. An injunction was issued against the American workmen from interfering with them 

and made perpetual by Judge Brown, of Baltimore. Before these men were import-ed we had as good a set of American workmen as could be found any- where. The system in vogue in Europe and America differs materially. The 

Europeans work according to old methods and processes; in fact, they bring 

their tools and molds with them. The European workman can not turn out within 35 percent. as much ware as the American workman, and as a result do not or are not able to fulfill their contract, hence the employers are at liberty to pay them what they please." 

Val Haas, Baltimore, 1\ld., W. G. W. A., said: 

"The situation was misrept·esented to them; some of them, when the exact situation was explained to them, quit. Two Germans who quit work were re- fused their clothes, and were arrested. I have been called up at night by these men to explain to them the trouble, as we could not get near them or they near us, so that an understanding might be had. They were under constant police 

surveillance, and we were enjoined from interfering with them. These foreigners were natives of France, Belgium, and Germany; they were brought in 

three different parties. In 1879, Baker Brothers brought forty-eight and King & Brothers twenty-five. Baker Brothers brought a second lot of twenty-five, 

and King & Brothers and Swindell & Brothers twenty-three. Previous to this 

last importation there was no strike; some of these men are here yet; others 

have gone away. The effect has been a 12 per cent. reduction of wages." 

Charles Leffler, Baltimore, 1\fd., W. G . W. A., said: 

"'My statement is substantially the same as :Messrs. Ashton and Haas. [r. 

Swindell says he does not want the foreigners any m9re; they accomplised the 

object intended-the reduction of wages." J. Campbell, ofPittsburgh, Pa., said: 

"We have no objection to these men coming here voluntarily, but we object to them coming under contract, and to reduce American wages." John Schlicker, of Pittsburgh, Pa., W. G. ,V. A.,said: 

"The labor of window-glass blowers is very hard; but few men are able to work at it after the age of 45 years; the average is but35 years. In consequence of the exhaustiveness of the labor, we decided to not make more than fortyeight boxes of glass per week, which amount is more than 200 per cent. more than what was a week's work some years back. This limit of forty-eight boxes 

is a good week1s work. To break this limit was the purpose of the importation. These foreigners could not make this amount, and consequently could not fulfill their contract, and were therefore subjected to its penalties for failure. One 

lot of men that were brought to Kent, Portage County, Ohio, were not em- ployed, as the glass-house was not started,· and these poor men and their families were left destitute in a foreign land, and in a hostile community, a charge on the public." 

Q. Did you examine 1\lr. FoRAN's bill? 

A. I did, and I favor its passage. I would not object to men being brought to .start a new industry. 

1\Ir. James Campbell here said that 1\Ir. James Chambers, of~ttsburgh, bad 

said that 1\lr. Day, of Kent, Ohio, could send to Belgium and get men at any time, h e having an agency there . John Co tello, of Pittsburgh, Pa., president of l'l:liners' Association, safd: 

"To mine bituminous coal, it required but little skill. In our district we ndopted arbitratio n, which is legalized under the laws of Pennsylvania. Some 

of the operators a re now trying to break the price agreed upon or decided by the board of arbitration.• They sometimes go to Castle Garden and engage men to work in the mines that are idle because the operators will not give the price. Recently we paraded with drums beating and the United States flag flying on the road which passed near the mines that are refusing to pay the arbiLration 

price, and sixteen of those who were in the procession were arrested for con- spiracy. After the arrest and bail of the accused we paraded again, and twenty- two were arrested on a cap·ias." 

John Schlicker, of Pittsburg, Pa., W. G. W. A., said: 

"The difference in working ia the glass industry in this country and Europe 

consists in the fact that there they have two factories and work eleven months a year. I have worked in glass-works for thirty years and have not averaged 

eight months per year in that time. The difference in wages i not material, 

when all things are considered, between thi country and Europe. At Kent. Ohio, thee imported men are working on Sunday." T. B. Barry, Ea tSaginaw,l\Iich.,ax-maker,said: " I am an ax-maker of good reputation for skill and industry. The ax-makers 

struck in Cleveland. We were practically denied the right of free speech. 'Ve were not allowed to communicate with the' rats' who were brought there. Two men, during the time of the strike, who stopped to light their pipes, were ar- rested and fined $10 each by Judge Solder . I wrote to different parties for• 

work, but could not get any. I received a letter from R. l\Ian & Son, Clinton 

County, Pennsylvania, in which they informed me that they would not employ any person who belonged to a labor union. I have been forced to take a rest. "In the lumber region of Michigan there are 1,000 men working for their 

board. Agent-s go to Canada and bring men under false pretenses, telling them 

that they will receive $35 pet: month and advertise for men in large numbers in 

the Canada paper8, to be paid the ruling rates, about S35 per month. When the 

lumber camps are filled they offer them 16 per month. 

"At 1\luskingum an attempt was made to reduce the boom-men by importing men from Cana-da. This luring men under false pretenses should be remedied. 

The hours of workmen who work at salt manufacturing are from 4 o'clock a.m. to 7 p.m. The wages are 1.50perdayofseventeen hours. These people, to get an existence, culti~ate in the evenings, with the aid of lamps, small patches of 

ground. The men who come from Canada do not intend to remain here, but .return to Canada." 

John Murray, of Shawnee (Ohio) Miners' Association, said: 

"Our men are deeply interested in the bill against the importation of labor, 

and we expect Congress to do something to remedy the evil. There were seven hundred foreigners and seven hundred colored men brought to my district duro 

ing a recent st-rike." 

Fred. Turner. ofPhiladelphia, Pa., secretary of Knights of Labor, said: "It is the universal sentiment that the bill of Mr. FoRAN should be passed. 

The importation of foreign workmen is getting as ba-d as that of t-he Chinese. We have not the slightest objection to their voluntary coming. The African 

slave was better off than are these people under some of the e contra-cts. The 

slave had some one to look after his welfare; these people have not. We pre- sent a petition to the committee containing 35,000 names of persons who pray for 

relief by the passage of a bill t{) remedy this matter.'' 

Frank Porter, of Cambridge (l\Iass.) cotton-mill, said: "I voice the sentiment of New England and a..'lk that 1\Ir. FoRAN's bill be 

passed. The manufacturers of New England have imported men, time after 

time, during strikes, from England, Ireland, Scotland, and Canada, whether 

under contract or not we are not able to prove, but we belie~e they were import-ed under contract. The Canadians, as a rule, do not become citizens, but return to Canada." 

John S. McClelland, Hoboken, N.J., telegraph operator, said: "I was one of the men who participated in the late strike of telegraph opera- tors. The telegraph companies would have imported foreign telegraphers if 

they could have gotten them. They could not get them from England, as there 

they are in government service, and if they once leave, when they return they are forced to begin at the bottom." F. 0. Morgan, of Washington, D. C., said: "I saw an agent, when I was in Brazil, in 1879, trying to engage the natives 

of Brazil to come to the cotton-fields of the United States. I do not know that 

he engaged any who went." 

John Costello again said that these imported workmen signed contracts waiving the benefits of the statutes of Pennsylvania which were passed for th.e pro. tection of workmen, and thereby in their ignorance injuring the workingmen 

and nullifying the salutary laws of Pennsylvania which were ena-cted to protect 

the workmen from the avarice of greedy manufacturers. 

1\Ir. A. C. Robertson, of Pittsburgh. Pa., said: 

"The number of foreign glass-bottle blowers brought to the Western States 

under contract is about eighty in all, distributed in five factories, namely: La Salle, Ill., thirty-six; Covington, Ky.,thirteen; Louisville, Ky., fourteen; the bal- ance in Streator, Ill., and New Albany, Ind. They receiveabout40percent.less wages than American blowers, or, in other words, they get 8 cer..ts per dozen for 

quart beers, w bile the American gets 13 ceo ts per dozen. The effect of this com- petition will be to bring the native workmen down to the level ofpauperlab01~. 

The hollow-glass workmen west of the Alleghany l\Iountains have not worked 

since last June. They have been, during all this time, enjoying the luxury of a lockout. Last year's revision of the tariff virtually increased the duty on green glassware nearly 100 per cent., but notwithstanding this increase the manufact. urers are endeavoring to force a reduction of 20 per cent. in wages. Previous to the revision there was an importation of about 200,000 gross of bottles. Since 

the new tariff went into effect there has been scarcely auy importation of this ware'. Two American blowers will turn out eighty dozen bottles per day, while two of the foreign blowers turn out but fifty dozen per day. The manufacturers seem to favor free trade in labor and a high protective tariff upon their manu. factured goods or wares." 

Copies of agreements with foreign workmen, executed in Belgiam. 

No.1. 

(Original in English.) 

Agreement made by and between the firm of Day, Williams & Co., of Kent. Ohio, of the first part, and each of the signers hereto, of the second part, ex- actly as if a separate agreement were made between said firm and each of 

said signers. 

Each of the signers of the econd part agrees and promises to work for the 

said first party at the business of window-gla ss making for the term of three 

consecutive years, beginning January 1, 1880, and to faithfully perform his duties ; shall be paid the wages currently paid by the New York State ma nufacturers. 

Said fir-t party agrees that the wages of each flattener shall be not less than at the rate of $60 per calendar month, and that the wages of each cutter hall 

be not less than at the rate of "50 per calendar month for work a ctually per- formed, or during the fire. It is agreed that said fir t party shall retain 10 per cent. of the wages of each and every workman until the expiration of this con- tract. as a guarantee of its faithful performance, said 10 per cent. to be fo rfeited 

by each and every workman who shall fail to perform the conditions of this contract 

lt is also agreed that said fll'st party shall advance the passage·money of tho party of the second part to Kent, Ohio, and that in case any workman shall fail to perform the conditions of this contract he shall repay to said first party the amount of said passage-money. It is also agreed that said first party shall have 

the right to discharge any workma n who hall neglect his work through drunk- enness or idleness or who hall attempt to create dissatisfaction among the 

workmen. The said Day, Williams & Co., its successors and assigns, howeve r constituted, shall always be taken as the party of the first part. 

Signed by said first party by its first name, and by each of the signers of tha 
1884. CONGRESSIONAL RECORD- SENATE. 6067 

second party by his own name, as of this 2d December, 1879. It is agreed that the flatteners shall receive $30 per month for all work done other than flatten~ 

in g. 

No.2. 

(Original in German.) 

· DAY, WILLIAMS & CO. HENRY PIERRE. ADOLPH BRESSON. AUGUST COE..~N. 

Agreement between the firm of Swindell Bros., of the first part, and John Schmidt, gatherer, arid Carl 'Vagner, blower,of the second part. 

The undersigned, of the second part, covenants and agrees with the party of the first part that they will for two consecutive years, beginning January 1,1882, 

work and duly perform such duties as instructed by the party 9f the first part or his superintendents. The party of the first part covenants and agrees to pay the undersigned, who mn,y duly perform their duties, the price generally paid 

by Baltimore manufacturers for the size of 16 by 24 inches, nnd all sheets shall be estimated at 8 sheets of 36 by 54 inches for 100 square feet. The party of the first part covenants and agrees that the wages of each glass-blower shall be an average of $80 per calendar month, on condition that he makes 180 boxes of 100 square feet per calendar month. The gatherer shall receive 65 per cent. of the sum paid the blower for wages per calendar month for actual work performed during the fire. It is agreed that the party of the first part shall retain 10 per cent. of the wages of each and every workman until the expiration of this contract, as a guarantee of the faithful per- formance of the provisions of this contract. The aforesaid lOper cent. shall be forfeited by each and every workman who shall fail to comply with the pro- visions of this contract. It is further agreed that the party of the first part shall advance the passage- money of the parties of the second part. It is further agreed that the party of the first part have the right to discharge any of the workmen for drunkenness, or neglect of duty, or for disturbing t.he peace1 or creating dissatisfaction among them, or for joining any association of .A.mencan workmen. The said Swindell Bros., their heirs and assigns, shall be-considered the var- ties of the fust part, and they agree to pay each blower $12 per week and the gatherer $9 per week, on the condition that each perform his work faithfully at every blowmg. ·The parties of the first part agree to make monthly settlements with the parties of the second part, after the advances for passage, &c., shall have been repaid. Provided you faithfully perform your work for the term of con- tract (two years), we will pay back the passage-money from Europe to America. 

Antwerp, Dec. 15, 1882. SWINDELL BROS., YOHONN SCHl\IIDT, 

Gatherer. CARL WAGENER, 

BlCYWer. 

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

motion of the Senator from Georgia, that the further consideration of 

the bill be postponed until the second Thursday of December next. 

The question being put, it was declared that the ayes appeared to prevail. 

l\Ir. BLAIR. I ask for the yeas and nays. ["No!" "No!"] I 

withdraw the call on the suggestion that it may disable us from doing 

business. 

The PRESIDENT pro tempore. The yeas have it, and the motion to 

postpone is agreed to. 

ORDER OF BUSINESS. 

The PRESIDENT pro tempore. The next business in · order is the 

Calendar of General Orders. Order of Business No. 3 will now be reported. · 

l\Ir. SHERMAN. Would it be in order to take a recess, to reassem- ble at the call of the Chair? · 

The PRESIDENT pro te1npore. The Chair thinks not. 

Mr. MILLER, of New York. I move that theSenateproceed tothe 

consideration of executive business. 

The PRESIDENT pro te1npore. The question is on the motion of 

Senator from New York. 

blr. LAPHAM. 1\Ir. President--

1\Ir. MILLER, of New York. I withdrawthemotion if there is any 

other business to be done. 

MARIA G. UNDERWOOD. 

l\Ir. LAPHAl\1. I ask to take up for consideration Order of Bus 

ness 7 7. 

The PRESIDENT pro tempore. The Senator from New York moves 

that the Senate proceed to the consideration of Order of Business 787, 

being a Senate resolution, which will be read. 

The Chief Clerk read as follows: 

Resolved, That there be allowed and paid, out of the contingent fund of the Senate, to Maria G. Underwood, administratrix of John C. Underwood, deceased, the sum of$5,000, in full compensation for the time and expenses of the said John C. Underwood in prosecuting his claim to a seat in the Senate as a Senator from the State of Virginia. 

The PRESID&~T pro tmnpore. . The question is on agreeing to the 

motion of the Senator from New York [flir. LAPHAM]. 

~fr. BAYARD. Does a report accompany that resolution? 

The PRESIDENT pro tempore. There is a report accompanying it. 

The question now is on taking up the resolution. 

The motion was not agreed to. 

lr. PLUA1B. I move that the Senate proceed to the consideration 

of Order of Business 683. 

The PRESIDENT pro tempore. The Senator from Kansas moves that 

the Senate now proceed to the consideration of Order of Business 683, 

being the bill (S. 2203) to donate a cemetery site on the public lands 

to the city of Kirwin, in the State of Kansas. 

Mr. RANSOM. I desire to say a word. 

The PRESIDENT pro tempore. Debate is not in order. 

Mr. RANSOM. By unanimous consent. 

The PRESIDENT pro tempore. The Senator from North Carolina 

asks unanimous consent to be heard upon this question. Is there objection? The Chair hears none, and he will proceed. 

Mr. RANSOM. The statementofthe Senator from New York [1\Ir. 

LAPHAM] in reference to his proposition to take up a certain resolution 

was not heard over the Chamber. I understand now that he desires 

to submit some remarks upon the proposition, and I know it will be 

the pleasure of the Senate to hear him. Therefore I hope that the 

proposition to take up that proposition will be received, and that the 

Senator may deliver his remarks. 

Mr. DOLPH. The Senator will not insist on the consideration of 

the resolution, I understand. 

Mr. LAPHAM. I will not ask for the consideration of the resolution except there be consent when I get through that it shall be acted 

on. It is very important to be disposed of, but I will not press its consideration if objected to. I gave notice last Monday that I desired to 

offer some remarks in support of the resolution, and I have tried several times to obtain the floor for that purpose but have been nnsuccesshlw~ . Mr. RANSOM. I ask that unanimous consent be given to the Senator from New York to go on with hiq remarks on the resolution. 

Mr. PLUMB. Let the bill ~e taken up, and then I will set it aside 

in order·to suit the convenience of the Senator from New York. 

The PRESIDE~T pro tempore. The question is on the motion of the 

Senator from Kansas to take up the bill the title of which has been 

read. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill {S. 2203) to donate a cemetery 

site on the public lands to the city of Kirwin, in the State of Kansas. 

Mr. PLUMB. I now consent that the bill be laid aside informally 

in order to suit the convenience of the Senator from New York, who 

wishes to submit remarks. 

The PRESIDENT pro tempo-re. The Senator from Kansas asks unanimous consent that the pending order be informally laid aside and that 

the Senate take up for consideratjon Order of Business 787, being the 

resolution reported by the Senator from New York [1\Ir. LAPHAM], 

from the Committee on Privileges and Elections, on the 20th of J nne, 

r~lating to payment from the contingent fund to the representatives of 

John C. Underwood. Is there objection? The Chair hears none, and 

the resolution is before the Senate. 

Mr.· LAPHA,M. Mr. President, I ask ·the indulgence of the Senate 

while I call attention somewhat in detail to the faets upon which the 

claim of the petitioner, as the widow and administratrix of her deceased 

husband, is based. !believe that an accurate knowledgeofthose facts 

will lead every candid mind to the conclusion that the claim is founded 

injustice and most amply supported by a long list of precedents in both 

Houses of Congress, as well as by the particular precedent established 

by the Senate as applicable to the present case in the allowance made to 

1\Ir. SE;,crar.. A majority of the people of Virginia were never in favor 

of secession and union with the confederate government .. 

After a. long struggle, ending in the determination of the con~ention 

by a bare majority that the State should withdraw from the Union and 

join the confederacy, the inhabitants of the northwestern counties at 

once instituted measures for keeping on foot the State government in 

harmony with the Government of the United States. Attorney-General 

B gave it as his opinion that an organization by the loyal counties, 

out fifty-five in number, as near as practicable on the basis of the 

xisting government of the State at the time of the secession would and 

should be recognized as the government of Virginia. President Lincoln promised to give it his support. United States troops from Ohio 

and Indiana were sent to aid the loyal forces in expelling the confederate armies from that portion of the State. A State convention of delegates from those counties was called to meet on the 11th of June, 

1861, at the city of Wheeling. The convention met on that day. Before transacting any business each delegate took an oath in the following form: 

I solemnly swear that I will support the Constitution of the United States and the laws made in pursuance thereof as the supreme law of the land, anything in the ordinance of the convention that assembled at Richmond on the 13th of February last to the contrary notwithstanding: so help me God. 

It may not be improper here to state that a. majority of the delegates 

chosen to the last-nam~d convention were opposed to secession, and 

that, under threats that they would be punished for treason if they refused, eleven members were compelled to absent themselves from the 

sessions of the convention so as to give the secessionists a majority and 

subsequently and before adopting the ordinance of secession the convention expelled twelve delegates, mostly from the western counties. 

The convention thus assembled at Wheeling adopted an ordinance 

vacating all State offices held by persons acting in hostility to the Federal Government; requiring all State officers to take the oath of allegiance; and it adopted a declaration of independence signed by all its 

members. Frank Pierpont was chosen governor and a lieutenant-gov- ernor and council were selected to fill the places of the officers deposed. 

JohnS. Carlile and Waitman T. Willey were appointed United States 
6068 CONGRESSIONAL RECORD-SENATE. JULY 5, 

Senators to occupy the seats vacated by Messrs. Mason and Hunter. 

These Senators were admitted to their seats, as Senators from Virginia, 

at the extra. session on the 4th of July, 1861, and thus this body recognized the validity of the State government so organized. · 

At the same time five Representatives were admitted to their seats 

in the House of Representatives, and thus that House recognized the 

validity of the State government. In tpe mean time efforts were set 

on foot to organize the western counties into a new State to be called 

Kanawha. The Attorney-General of the United States disapproved 

of this. He said: 

It.is plain that you can not take such a course without weakening, if not destroying, y6ur claims upon the sympathy and support of the General Government, and without disconcerting the plan already adopted both by Virginia 

and the General Government for the reorganization of the revolted States and 

the restoration of the integrity of the Union. 

That plan I underlitand to be this: When a State l;>y its perverted functionaries has declared itself out of the Union, we avail ourselves of all the sound and 

loyal elements of the State, all who owe allegiance to and claim protection of 

the Constitution to form a State government as nearly as may be upon the 

former model, and claiming to be the very State which has been in part over- thrown by the successful rebellion. In thi way we establish a constitutional 

nucleus around which all the shattered elements of the Commonwealth may meet and combine, and thus restore the old State in its original integrity. This, I verily thought, was the plan adopted at Wheeling a.nd recognized 

and acted upon by the General Government here. Your convention annulled 

the revolutionary proceedings at Richmond, both in the convention and the 

<General AssemblyJ and your new governor formally demanded of the President 

the fulfillment oftue constitutional guarantee in favor of Virginia-Virginia as known to our fathers and to us. The President admitted the obligation and 

promised his best efforts to fulfill it. And the Senate adm'itted your Senators, not as representing a new and nameless State, now for the first time heard of 

in our history, but as representing the good old Commonwealth. Must all this be undone and a new and hazardous experiment be ventured upon at the moment when dangers tl nd difficulties are thickening around us? I hope not; 

for the sake of the nation and the State I hope not. I had rejoiced in the movement in Western Virginia as a legal, constitutional, and safe refuge from ~revolution and anarchy, as at once an example and fit instrument for the resto- ration ef all the revolted States. 

• Before the convention adjourned the question of the division of the 

State was mised, but the decision was adverse as being a premature 

agitation of that question. The General Government at once concentrated a force in Western Virginia, which, with the aid of loyal State 

troops under General McClellan, before the 14th July, 1861, drove the 

confederates from Western Virginia. On assuming command General 

1\fcClellan issued to the people of Western Virginia a proclamation, 

closing in these words: 

Now that we are in your midst, I call upon you to fly to arms and support the 

General Government; sever the connection that binds you to traitors; proclaim to the world that the faith and loyalty so long boasted by the Old Dominion are still preserved in Western Virginia, and that you relllAin true to the Stars 

and Stripes. 

The State thus organized furnished the full quota to the army called 

for by the Government, about 12,000 men, while the former governor 

of Virginia defiantly said: 

The militia of Virginia wili not be furnished to the powers at Washington for any such purpose as they have in view. You have chosen to inaugurate civil war, and having done so we will meet it in a spirit as determined as the Administration has exhibited toward the South. 

The convention called in the western counties of Virginia did not 

profess to act for those counties only, but for the whole of Virginia. 

Governor Pierpont in his inaugural said:" It was not the object of the 

Wheeling convention to set up any new government in the State, or 

separate or other government than the one under which they had always lived." On the 20th of August, 1861, and after the confederate 

forces had been driven out of the loyal counties and the offices of the 

State filled by loyal men, the convention passed an ordinance to provide for the formation of a new State out of a portion of the territory 

of Virginia. In pursuance of its. provisions, delegates to a constitutional convention were chosen. Theeonvention met at Wheeling on the 

26th of November, 1861, and adopted a constitution, which was submitted to the people in April, 1862, and was ratified by a vote of 18,-

862 to 514. Governor Pierpont then convened the L;,oislature in extra 

session on the 6th day of May, 1862. 

The Legislature thus assembled passed an act giving its consent to 

the formation of the new Sta.te. Its consent, with a copy of the proposed constitution, was sent to Congress with a request tor the admission of a new State. The Congress passed an act providing for its 

admission, which was approved by the President and beeame a law on 

the 3d day of December, 1862. The act recites the holding of the 

Wheeling convention, the adoption by it of a constitution, its ratification by the people, that the Legislature of Virginia had given its con 

sent to the formation of such new State, and requested the admission 

of the same into the Union, and enacts "that the State be declared to 

be one of the United States of America, and be admitted into tho 

Union on an equal footing with the original States, and that until the 

next census it should have three members of the House of Representatives." 

'l'hus the legality and validity of the government of the State of Virginia were recognized by both Houses of Congress and the President, as no new State can be formed within the jurisdiction of any other 

State without the consent of the Legislature of the State concerned as 

well 1:JS of Congress. At the time of the passage of this act Virginia 

had two Senators on this floor and five members in the House of Representatives. The President by his proclamation ,declared West Virginia to have become a new State in the Union, and thus again a-dmitted the validity of the· Legislature of Virginia. 

After the admission of the new State and the inauguration of its governor, which took place on the 20th of June, 1863, an election for officers 

of the State of Virginia was held in the loyal counties not included in 

the new State, and Governor Pierpont was elected. The seat of government was established at Alexandria, in pursuance of an act of the 

Legislature authorizing the transfer. Governor Pierpont in his message recommended the call of a convention to amend the constitution 

of the State. The Legislature in December, 1863, passed an act calling 

such convention to meet on the 13th of February, 1864. The convention was held and several amendments to the constitution of Virginia 

were adopted. The first was as follows: 

Slavery t>,nd involuntary servitude, except for crime, is hereby abolished and 

prohibited in the State for ever. 

Senator Willey was chosen a Senator from West Virginia, and Lemuel 

J. Bowden was chosen in his place, and, with Mr. Carlile, took his seat 

as a Senator from Virginia at the meeting of Congress in December, 

1863. Messrs. Blair, Brown, and Whaley, who had represented Virginia in the other House, were chosen as members from West Virginia, 

and Jose:ph E. Segar: Lucius H. Chandler, and Benjamin M. Kitchen 

were cho en a.S members of the House of Representatives from Virginia, and took their seats at the same session. 

At the opening of the session of Congress in December, 1864, the same 

Senators and Representatives from Virginia appeared and were admitted 

to their seats without objection. During the session Senator Bowden 

died, and Joseph E. Segar was chosen to fill his unexpired term. The 

credep_tials of Mr. Segar were not presented until the 17th February, 

1865. A very interesting debate arose on that occasion. Senator Wilson, of M:assaehusetts, said: 

I understand the question to stand in this way: the Congress of the United 

States recognized a political government in Virginia, or a portion of it, as the 

State of Virginia proper. On the strength of that recognition men were admitted into the Senate and into the other House; on the strength of it we made West Virginia a State and brought her into the Union, and she is in the Union 

to-day. It seems to me, therefore, we are bound by all our votes during the 

last three years to consider the governor and Legislature of Virginia as existing. 

Senator Willey, of West Virginia, said: 

Sir, it is a fact not only that the Senate of the United States has recognized 

the existence of Virginia as a State and her right to be represented on this floor, 

but the executive branch of the Government has done so. I saw it stated that 

the Secretary of State had transmitted the constitutional amendment for the 

abolition of slavery to the executive of Virginia, and through him it was sent to the Legislat-ure to be acted upon, and that Legislature had acted upon it-and 

ratified the amendment. We shall place ourselves in a singular position if we rejects gentleman who comes here accredited with a certificate in due form, 

and repulse him from our doors, and refuse to allow him a seat on the floor, when we have another representing the same State upon the floor, and when the ex- ecutive branoh of the Government recognizes the Virginia Legislature at Alexandria as the true Legislature and Governor Pierpont as the true and legiti· mate governor of Virginia. 

Senator SHERMAN suggested it was so near the end of the session 

that it would be better to leave the question for disposition at the next 

session of Congress, and on his motion that course was adopted. 

At the special or executive session of tB.e Senate on the 4th of March, 

1865, which only lasted a few days, the credentials of Judge Under~ 

wood were presented by Senator Doolittle, of Wisconsin. Senator Sum. 

ner moved that they be referred to the Committee on the Judiciary. 

Senator Trumbull suggested that as the Judiciary Committee had re· 

ported in favor of postponing the cases of the Senators from Louisiana 

and Arkansas to the regular session in December, 1865, for the rea on 

the inhabitants of those States had been declared to be in a state of insurrection, the credentials of Judge Underwood had better be so postponed, and that was agreed to. Senator D~little said: 

In relation to Virginia I think every Senator can easily see it stands on a very different ground from that of Louisiana and Arkansas. The State has been 

recognized by the Government in every form, by the executive department, o.nd 

by Congress. When We t Virginia was represented by two Senators we had two from the old State of Virginia. The proclamation declaring in what States 

the inhabitants were in a state of insurrection excepted counties with a population of over 175,000 from its operation. 

He concluded by saying: 

That as the Senate was disinclined to take action at this executive session he 

would not·press action now. 

Senator Willey, of West Virginia, said: 

It is evident the Senate does notpropo eto entertain the question at this time. 

When the question comes up I shall show the case stands upon a different footing from that of Arkansas and Louisiana. 

And on his motion the credentials of Mr. Segar were also postponed 

to the regular session. 

I may as well state here as elsewhere that not only was :the State of 

Virginia asked to pass upon the constitutional amendment aforesaid, 

but that the vote is stated in the certificate of the Secretary of State as 

having been in favor of the amendment, and was necessary to secure the requisite number of States to make the adoption valid under the 

Constitution. 

.After the close of the war, and on the 9th of May, 1865, Presidtmt 

Johnson issued an executive order to re-establish the authority of the 
1884. CONGRESSIONAL RECORD- SENATE. 6069 

United States and execute the laws within the limits of the State of 

Virginia, in which, among other things, he directed thatIn order to the full execution of the laws and the complete restoration of peace within said limits, Francis H. Pierpont, irOvernor of the State of Virginia, will be aided so far as. may be necessary in the lawful measures he may take for the restoration of the State government throughout the lim ita of the ~tate. 

Thus the validity of the State government was again recognized by 

the executive department. When Congress reassembled in December, 

1865, as I have stated, the war had closed, and the who1e State of Virginia, as well the loyal portion as the disloyal portion during the war, 

was on some terms to be restored to its relations to the Federal Government, together with the other States which were in rebellion. On 

the first day of the session ])fr. Stevens, of Pennsylvania, offered in 

the House of Representatives a joint resolution for the appointment of 

a committee of :fifteen, nine from the House and six from the Senate, 

to consider the subject and report by bill or otherwise, and until such 

report that no Senator or member should be admitted to his seat from 

any of said States, and that the credentials of all such should be referred to said committee without debate. The resolution was adopted 

and came to the Senate for consideration. On the 12th December the 

resolution was taken up for action, and on motion'ofSenator ANTHONY, 

of Rhode Island, the enacting clause was amended so as to make it a 

concurrent instead of a joint resolution. 

Senator ANTHONY also moved to further amend by striking out the 

following words: 

And until such report shall have been made and finally acted on by Con- gress no member shall be received into either House from any of the said so- called Confederate States; and all papers relating to the representation of said States shall be referred to said committee without debate. 

He supported this amendment by a statement that the words proposed to be stricken out were a violation of the provision of the Constitution which made the Senate the exclusive judge of the election ot 

its own members, and also violative of the practice of the Senate by 

cutting off debate. . 

The amendment was adopted, and the Honse concurred. 

Now, in what situation did this action leave MessTS. Segar and Underwood, who had been chosen as Senators from the State of Virginia 

to serve for six years from the 4th of March, 1865? The State had 

never been without representation in the Senate since the loyal counties reorganized the State government in J nne, 1861. The refusal of 

the Senate to adopt the resolution of the Honse to which I have just 

referred left the whole question open for a.ction in the Senate. It 

was, as the honorable Senator from Massachusetts (Mr. HoAR] said at 

the last session, "their solemn duty to their State to endeavor by all 

fair means to secure the seats to which they had been chosen and to 

which they believed themselves legally and constitutionally entitled. 

They would have been remiss to the obligations of honor if they had 

failed to do so. So far as they did so in good faith they should be 

protected.'' 

In the House of Representatives, when the q_uestion of calling the 

Representatives from ViJ-ginia arose, Mr. James Brooks said: 

And, then, there is the StateofVirginiawhich the Clerk has not read; I mean the old State of Virginia and not Western Virginia-the State over which Gov- ernor Pierpont presides, over which he has presided, and to which position he was elscted during the war, whose loyalty no man doubts, and who is as much the governor of that State as the governor of Pennsylvania is governor of the State of Pennsylvania.. By what right has the Virginia. delegation been ex- cluded by the Clerk? 

From every quarter where the question was considered the claim was 

the same. The Senators and Representatives from Tennessee were denied their seats at the opening of the session, but were admitted near 

its close, in the month of July, 1866. Why had no.t the Senators from 

Virginia a right to expect the same results? That portion of the State 

of Virginia by which they were elected was expressly excepted in the 

proclamation of President Lincoln declaring the inhabitants of certain 

States to be in rebellion against the Government. The same exception 

is found in the proclamation of emancipation and in his amnesty proclamation. In that he expressly stated: 

To avoid misunderstanding it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments have all the while been maintained. 

·In the proclamation of emancipation Virginia is included: 

Except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess A.nn, and Norfolk, including the cities of Norfolk and Portsmouth. 

These counties formed the State of Virginia after the cession of Western Virginia, and had a population entitling them to three Representatives in Congress. They bad abolished slavery, and as to them the 

proclamation was needless. So that really the proceeding under the 

concurrent resolution of the two Houses had no application to the government of Virginia, which had so long been represented in both Houses 

and which had all the time preserved its relations of loyalty to the Government of the United States. That resolution only applied to the so- called Confederate States, and thesn bseqnentresolution expressly applied 

only to the States which had been declared to be in insurrection. The 

State of Virginia, as known in all these proceedings, had, as I have 

shown, been always loyal to the Union and was excepted in all the 

Presidential proclamations in respect to the insurrectionary States. 

The committee of the two Houses did not make its report until the 

8th of June, 1866. So that from the opening of Congress in December, 1865, until that time a period of over six months, the door was 

open for the admission of Messrs. Segar and Underwood to their seats 

in the Senate. The majority report is entirely silent as to the condition of that portion of Virginia which maintained not only its loyalty 

but kept up its official relations with the Government in both branches 

or Congress. It trea,ts of the States which prosecuted the war and furnished armies to destroy the Government. It makes no mention of 

the fad that the Virginia which I am trying to vindicate not only 

helped to put down the rebellion, but furnished more than 20,000men 

to add to the ranks of the Union Army. 

Notwithstanding the reconstruction acts and the sending of General 

Schofield to the military department embracing Vhginia, the State government so organized in 1861 continued to exercise its functions, and 

Governor Pierpont remained in office to the end of the term in April, 

1868. In 1865 the Sta,te again amended its constitution, prohibiting 

any person from holding office (except county officers) who had accepted 

office under any rebellions State government. 

More than this. The convention to frame a new constitution under 

the reconstruction acts validated and recognized all the proceedings of 

the Pierpont government, civil and criminal, and thus again recognized 

the validity of the State government. 

This is not all. The State of Virginia instituted an action against 

West Virginia to determine the status of three counties which Virginia. 

had consented might be annexed to West Virginia, and which were not 

embraced in the original cession. The Supreme Court on appeal held 

the consent was valid and binding, and thus the legality and constitutionality of the State government were recognized by our highest judicial tribunal. 

Thus the State of Virginia kept up its relations with the Government 

of the United States notwithstanding the ordinance ofsecession, chose 

Senators and Representatives in Congress, twice amended its constitution, legislated for the common good, appointed judicial officers, administered justice, and was continually represented in both Houses of 

Congress, from the extra session in July, 1861, to the opening of the 

session in December, 1865. 

All those things fell to the lot of Virginia, and as I have said, and 

can not too often repeat, neither the proclamation of the President nor 

the action of Congress in 1865 had any reference to her, for her government and people were never in rebellion against the authority of the 

Government of the United States. She was never declared to be in a 

state of insurrection, nor was she a "so-called Confederate State." I 

might rest this case therefore on the absolute right of Messrs. Segar 

and Underwood to the seats to which they were chosen. But it is not 

necessary to establish that. It is enough that there was ground for 

making a claim in good faith to such seats. That alone would entitle 

them to a fair remuneration for the expense of the effort. To establish clearly the right would entitle them to the full salaries provided 

by law, according to all the precedents,and the claim of Judge Underwood would be over $30,000. 

And"who were the men thus asking to be seated in this body as the 

Senators from the State of Virginia? 

Mr. Segar, as I have already sai4, was several years a member of the 

other Honse. Judge Underwood was appointed by President Lincoln 

a. digtrict j ndge for Virginia in the spring of 1864, before the close of the 

war. Here we have another proof that there was at that time a State 

of Virginia in which the Federal courts could be held and in which they 

were held, and also proof that, in the estimation of the President, J ndge 

Underwood was a proper man in trying times to whom he could safely 

confide the judicial power. 

In the summer of 1866 a petition, largely signed by leading men in 

Virginia, 'headed by honorable John M. Botts, was addressed to Congress asking the appointment· of a provisional governor and closing in 

these words: 

They further request that Hon. John C. Underwood, the faithful patriot and distinguished jurist, who has a.l ways adhered to the Government with a fidelity which no flattery could seduce, no bribery corrupt, nor fears intimidate, be se- lected as said provisional governor. 

Judge Underwood was afterward chosen president of the convention 

which framed the constitution of Virginia under the reconstruction 

laws. He came to the Senate to ask that he should be seated as a Senator from the State whose loyalty he had helped to maintain. He came 

with clean hands and a high character. He was not charged with obtaining his election by fraud or bribery. There was no question about 

his election or the snffi.ciency of the certificate. His q nali:fications were 

never disputed. The....<:e are the questions of which the Senate under 

the Constitution is made the sole judge. 

Mr.Presjdent,thesearetheqnestionswhichSenatorANTHOYYinsisted 

by the amendment to the House resolution of which I have spoken the 

Senate should not abdicate or delegate to any one else. Why then was he not admitted to his seat? I have shown the reason. I do not :find 

it necessary to impugn the action of the Senate or rather its omission to 

act, but it was no fault of Judge Underwood that he failed to obtain 

his seat. As I have said, it was his highest duty to seek it. He would 

have dishonored himself and the State he was to represent if he had 
6070 CONGRESSIONAL RECORD-SENATE. JULY 5, 

failed to do so. Nor was he denied his seat because he held the office 

of judge. That was a qualification instead of the opposite for the honor 

of a seat here. 

If t be war had continued he and Mr. Segar would undoubtedly have 

taken their seats as their predecessors had done. But the war wa over. 

The period for the reconstruction of t.he Sta.tes in rebellion had arrived. 

That portion of Virginia which seceded and set up a government in 

ho tility to the Union wa to come back and form a part of the future 

State comprising the whole of the "Ancient Dominion," except what 

had been carved off to make the State of West Virginia. Even that 

should have been brought back shorn of its statehood if the Virginia 

I am defending was not a State and could not constitutionally consent 

to the dismemberment. It was a work of weary months and anxious 

care before anything was decided. During all this period Messrs. Segar 

and nderwood were knocking at the doors of the Senate for admission. 

They were never formally denied admission. The Senate, under the 

circumstances, and for the reason I have stated, omitted to act. Their 

claims were held in abeyance until Congress should settle the vexed 

question what to do with the rebellious States. 

Mr. President, I might here, perhap , with propriety rest this case 

for the action of the Senate. Yet the review would be incomplete without briefly referring to what occurTed in the last Congress in reference 

to the claim of the petitioner. The petition was referred to the Committee on Privileges and Elections, of which I have the honor to be a 

member, and a resolution was report.ed favorably by me giving the petitioner the same sum by way of reimbursement for the expenses incurred bv her husband in the efforts he made to obtain a eat as was allowed by a former resolution of the Senate and paid to .Mr. Segar for 

his ex pen es in a like effort. 

· I availed myself of an early opportunity to call the resolution up for 

consideration, when I was met by the objection of the Senator from 

Missouri [ 1.r. COCKBELL] that as Mr. Underwood held the office of 

United tates district judge the allowance would be in the nature of 

double pay, and was forbidden by the Constitution. The fact that he 

held the office of judge was new to me, and I asked to have the matter 

postponed for further consideration. The Senate was so engrossed with 

the bill for the revision of the tariff, the repeal of portions of the internal-revenue taxes, and the appropriation bills that I was unable to 

secure further consideration until the last Saturday of the session. 

On calling for action at that time the Senator from Missouri suggested 

that as many Senators were absent at the time, the question should be 

deferred to the next (Sunday) morning, to which I assented, giving 

notice I should then call it up. On that morning I availed myself of 

the first opportunity to move to take up the resolution so reported by me. 

The Senator from Missouri again renewed his objection tba tits adoption 

would be double pay, in violation of the Constitution. As be looked 

ominously at the hands of the clock I at once saw that the fate of the 

measure was sea.led for that session. He wanted all the papers read, 

and urged the Senator from Wisconsin [Mr. CAMERON] to make a speech 

on the subject, which that Senator declined, saying what he wanted was a vote. 

At this juncture the Senator from Kansas [1\Ir. INGALLS] entered 

the list of opponents of the measure. The crowded and expectant gallerie were all before him. With that apparently anxious de ire to be 

scrupulously accurate in his statements <;>f fa.ct which should always govern the utterances of a Senator he opened his speech in these words: 

1\lr. Pre ident, there may have been a more fragile and insub tantial and neb- ulous claim than this presented for the consideration of the Ser"late at orne time in its history, but I do not now recall it. The original vice of the proposition of the cnator from New York appears to me to be in the assumption t.hat there ever was a State from which this claimant could have been accredit-ed as a mem- ber of the enate of the United States, Three or four hundred people in a time of war, when the entire territory of the State of Virginia, with the exception of a small fl'ingealong t!1e coast of the Pot-omac River, was in the control of the rebel govemment, ru.-sembled at Alexandria; and under the guns of the Federal fleet alld forts a::ssumed to oxet·ci c the functions of a St{].te government. 

l\fr. President, I haYc hown what a. draft upon the imagination is 

contained in the paragraph I have quoted and how ab olutely it is con- troverted by the facts I have stated. I have shown that the population 

of this ' nebulous" State, instead of " being three or four hundred 

people'' under the protection of the ''guns of the Federal fleet and 

forts '' wa 175,000 loyal people entitling the State to three Representatives in the House of Representatives, while the State of Kansas had 

only one. To preserve the loyalty of the " ancient dominion" to the 

Government of the United States-to supply its armies with 20,000 

men-to be repre ented for four years in both Houses of Congress, to 

administer civil and crim,inal jurisprudence, to assent to the formation 

of a new State fTom within her borders as the Constitution requires, to 

amend the State constitution by an article forever prohibiting ]avery, 

to rati(y- an amendment to the Federal Constitution making the prohibition universal in all the States and Territories, to be repeatedly rec- ognized by both branches of Congress and the executive department as an exi ting con titutional and loyal government, and to be adjudged 

by the upreme Court as being in fact uch a government. 

"The e constitute a State." 

Theda bing and hyperbolical declamation of the Senator from Kansas 

will not rob Virginia of her Statehood or impair the validity of the acts 

of her governor and Legisla.ture. '' The original vice '' of my proposition is declared to be'' in the assumption that there ever was a ::)tate 

from which this claimant could have been accredited as a member of 

the Senate.'' 

Mr. President, I have shown that for four years, from 1861 to 1 65, 

two Senators represented Virginia on this floor. They were in that 

memorable ession convened by President Lincoln on the 4th of July, 

1861. They took part ':in all the unprecedentedly important legislation 

of Congre...~ to theclo e of the ession on the 4th of March, 1 65. They 

voted upon the que tion of the admission of West Virginia as a new 

State in 1 62. They helped to formulate the thirteenth amendment 

to the Constitution of the United States: The Representatives in the 

other House did the same. I said to the Senator that it was the conent of this State that gave us one of the constitutional amendments. 

This he was kind enough to say was ''absolutely without foundation." And yet it is a historical fact. It was the thirteenth and not 

the fourteenth amendment, as mistakenly supposed by the Senator, 

which was ratified by Virginia. 

Again, the enator from Kansas asserted that'' after a very brief consideration they {the credentials of Judge Underwood) were ignominiously and contumeliously rejected by the Senate as unworthy of consideration.'' This is a reflection upon the conduct of tho e who compo ed the Senate in 1865- 66, and in direct conflict with the facts a they 

appear on the record. So the extraordinary statement of the Seriator 

from Kansas that ' at every Qion of Congress since I have been here" 

this claim has been presented was a pure draft upon his fertile imagination, for I learn on inquiry, as I then stated, that it was the first 

timethe su~ject had been presented to the enate for its action. · 

One more reference, Mr. President, to the speech of the Senator from 

Kansas. He said: 

I congratulate the Senator from New York upon his vigorous pre entation of this antiquated claim, which I venture to say will never be urged by any mem- ber of this body who ha been here longer than a single Congres . 

Mr. Pre. ident, as the report in behalf of Mrs. Underwood was concurred in by Senators who have been long in service here, some of them 

longer than the Senator from Kansa , one of whom ( enator HOAR) 

had just made an earnest and convincing speech in favor of the claim, 

I am at a lo to know why the Senator ma{}e this reference to service 

in a single Congress. I am charitable enough to believe it was an inadvertence on his part. If it was not, and he designed what his words 

clearly imply, all I have to say in answer istoremindthe enatorthat 

I hold my seat on this floor by at least as good a title as his; that I 

come from a State which, though an empire of itself, while corning 

to assert a claim of superiority here, yet demands that she shall be 

treated as an equal in our deliberations, and that when I took the oath 

of office at the bar of the Senate it became my immediate duty and 

obligation to do what I could to aid in the passage of'good bws and to 

prevent the success ofbador doubtful measures. E peciaJlywasitmy 

duty to do what I fairly could to secure the passage of a resolution 

recommended by the committee of which I wa a member and which 

by that committee had been placed in my charge without being open to 

criticism for the brevity of my service here. 

Mr. President, I plead the necessity of this review of the honorable 

Senator's remarks from the fact they were made when the sands of the 

Forty-seventh Congress were nea.rly out, and when he knew there would 

be no opportunity for reply at that time. He was a absolutely exempt 

from refutation or criticism then as he would have been by "speeding 

his Parthian arrows from the safe ambush of the Printing House" 

aftertheSenatehadadjourned. ''Fragile, insub tantial, andnebulous'' 

are singular epithets to apply to a State government represented for 

fuur years on this floor by two Senators and by Representatives in the 

other branch of Congress. A State government pronounced by Attorney-General Bates to be valid and constitutional; a State· government 

recognized as valid by both Houses of Congress in admitting West ' 

Virginia as a new State; a State government which was recognized in 

the proclamations of President Lincoln; a State government which Secretary Seward recognized in declaring the thirteenth amendment to 

the Constitution ratified by the requisite number of Sta.tes, and which, 

without the vote of Virginia, could not have received the constitutional sanction; a State government which continued its functions 

till April, 1 68, when the term of Governor Pierpont expired by lapse 

of time; a State government who e judicial proceedings in the administration of the civil and criminal law were expressly sanctioned and 

ratified by the convention which framed the pre entconstitution of the 

State of Virginia, and a State government upheld and validated by the 

solemn judgment of the Supreme Court of the United States. 

Mr. President, I will only briefly refer to some oftheprecedent which 

bear upon the question under consideration. It will be remembered that 

the Senator from Missouri [ 1r. COCKBELL] made the sole objection 

that this al1owance would be in the nature of double pay, and therefore ought not to be granted. The Senator from Kansas did notallude to thi objection. On an examination of the precedents I :find 

good reason for this. In 1\Iarch, 1 2, the Senator from Kan a wa allowed 8,195· the Senatorfrom Louisiana [Mr. KELLOGG] 9,550, and 

the Senator from outh Carolina [Mr. BuTLER] 3, 500 for the ex pen es 

incurred by them respectively in obtaining their eats in this body in 
1884. CONGRESSIONAL RECORD-SENATE. 6071 

addition to the salaries allowed them by law. Mr. Corbin, who claimed 

the seat so honorably filled by the Senato~: from South Carolina, was also allowed $10,000, and the contestant for Mr. Kellogg's seat a still 

la.rger sum. I find from the colloquy as reported in the RECORD that 

when these allowances were under consideration the Senator from 

Massachusetts [Mr. HoAR] stated that both Houses of Congress had 

repeatedly sanctioned similar allowances, and I remember in the appropriation bill of the Forty-sixth Congress such allowances, covering a period of several years, were incorporated, and received the sanction of 

both Houses and the President. 

The Senator from Arkansas [Ur. GARLAND] stated that he voted 

for the allowance to Mr. Segar, from Virginia, and he thought that allowance wa a precedent for the proposed payments under consideration. I did not discover that the honorable Senator from Missouri 

[ 'lr. CoCKRELL] "opened his mouth " by way of objection. When 

these me..'1Sures now claimed by him to have been of doubtful propriety, were on their passage through the Senate-

"Where, where, was Roderick then? " 

His silence then pleads for silence now. Mr. President, I voted for 

tho e allowances, believing them just and sanctioned by precedents, 

and I should therefore be unable to justify my refusal to support the 

claim under consideration. On looking at the record of the particular 

precedent which applies to this case I find the resolution to pay 1\ir. 

Segar 5, 000 for his expenses, as stated in the report of the committee, was adopted on the 18th of February, 1879. The ayes and noes were called, and in the affirmative supporting the claim I notice the name of the honorable Senator from Kansas [ Ir. INGALLS]. I do him the 

justice to say that his "fragile and insubstantial and nebulous " ideas were not entertained when tbatvote was cast, and I shall hope he will 

stand by the record he has made and yet support the resolution under 

consideration. Consistency demands this of him. _ 

. In conclusion, M:r. President, I desire to state I am informed the petitioner is now languishing on a bed of sickness, that her neces.."'ities re- quire prompt action on this resolution, and I therefore turn from the 

further consideration of the facts of this case and make my appeal to 

the Senate to adhere to the precedents it bas so often established, and in 

behalf of this claimant I invoke the exercise of that sense of justice 

which ''ought here to sit enthroned and to be personified" in our deliberations. 

The PRESIDING OFFICER (Mr. WILSON in the chair). The quE-stion is upon the adoption of the 1·esolution. 

1\h. VEST. It was not to be considered. That was the understanding. 

Mr. LAPHAM:. I have stated the re..'lSons why it ought to be con- sidered, and I make an appeal to the Senate to dispose of it. 

The PRESIDli"fG OFFICER. Is there objection to the consideration of the resolution? 

Mr. LAPHAM. I shall not press it, of course, after what I said, if 

any one seriously objects. 

The PRESIDING OFFICER. Is there objection to the consideration of the resolution? 

1\Ir. VEST. I object. 

The PRESIDING OFFICER. Objection is made, and the resolution goes over. 

Mr. LAPHAM. I give notice that I shall call it up before thesession closes and ask for its consideration. ~ 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States announced that 

he had this day approved and signed the act (S. 838) to consolidate the 

Bureau of Military Justice and the corps of judge-advocates of the 

Army, and for other purposes. 

BILL INTRODUCED. 

Mr. MITCHELL introduced a bill (S. 2368) requiring the use of 

domestic material in the construction and repair of Government ves- sels, steam-boilers, and ordnance; which was read twice by its title, 

and referred to the Committee on Naval Affairs. 

KIRWIN CEMETERY. 

The PRESIDING OFFICER. The Senate resumes consideration of 

the bill (S. 2203) to donate a cemetery site on the public lands to the 

city of Kirwin, in the State of Kansas. The bill is before the Senate ns in Committee of the Whole. 

Mr. HARRISON. I should like to inquire of the Senator from 

Kansas whether there is any special cause for the donation of a cemetery in that town? Are there any malarious influences in that region, or what is the object? 

Mr. PLUMB. I will state the reason. This site adjoins the town 

site of Kirwin. It was originally a portion of a timber claim. Under 

the supposition that they could acquire title in that way, the town 

people bought from a man who entered it for timber purposes forty 

acres of his one hundred and sixty acres; and such transfer as be could 

make was given to them. Thereupon they entered upon its posses ion 

and commenced to bury their dead there. It transpired afterward, as they ought perhaps to have known at the time, that they could not 

acquire a valid title in that way. The bill is simply to satisfy what 

was practically the transfer of the right of the original locator to the 

town company. 

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

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

RECESS. 

Mr. BAYARD (at 12 o'clock and 25minutesa. m., Sunday, July6). 

I move that the Senate take a recess until1 o'clock. 

The motion was agreed to; and at the expiration of the recess (at 1 

o'clock a. m.) the Senate reassembled. 

COMMITTEE ON TRANSPORTATION ROUTES. 

Mr. MANDERSON. I ask unanimous consent of the Senate to con- sider a resolution introduced during the morning hour granting permission to the Committee on Transportation Routes to the Seaboard to 

sit during the recess. The PRESIDENT pro tempore. The Senator from Nebraska asks 

that the resolution offered previously by him be now considered. It 

will be read for information. 

The Chief Clerk read as follows: 

.Resolved, That the Committee on Transportation Routes to the Seaboard be, and they are hereby, authorized to sit at any place within the United States during the recess of Congress, by a subcommittee or otherwise, to take testi- mony for the purpose of preparing statistical data relative to freights, commodi- ties, and prices for the period from 1873 to the present time, the committee t~ 

report by bill or otherwise; and that the necessary expenses thereof, including the services of a clerk, be paid out ofthe item for expenses of special and select committees, &c., of the contingent fund of the Senate. 

The PRESIDENT pro tempore. Is there objection to. the present 

consideration of this resolution? 

The resolution was considered by unanimous consent and agreed to. 

1\Ir. 1\I,A..NDERSON. AttherequestoftheSenatorfromRhodeisland 

[Mr. ALDRICH], chairman of the Committee on Transportation Routes 

to the Seaboard, I offer the following resolution, and ask for its immediate consideration: 

.Resolved, That the Committee on Transportation Routes to the Seaboard shall hereafter consist of nine membem. 

The resolution was considered by unaninlous consent and agreed to. 

RECESS. 

The PRESIDENT pro tempore. The Calendar of General OrderS will 

be resumed. The first bill in order, Order of Business No. 3, will be 

read. 

The SECRETARY. "A bill (S. 228) to appropriate and expend $50,-

000,000 derived from the internal-revenue truces and sale of public 

lands for the education of all the children living in the United States." 

The PRESIDENT pro tempore. This bill is before the Senate, as in 

Committee of the Whole, and will be read. 

Mr. BAYARD (at 1 o'clock and 5 minutes a. m. Sunday, July 6). 

Pending the consideration of that bill I move that the Senate take a recess until half past 1 o'clock. 

The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

The PRESIDENT pro tempore. The pending business is the bill (S. 

228) to appropriate and expend 50,000,000 derived from the internalrevenue taxes and sale of public lands for the education of all the children living in the United States. The bill will be read. 

Mr. BAYARD. I move that the Senate take a further recess until 

2 o'clock. · 

The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

SUNDRY CIVIL APPROPRIATIOY BILL. 

Mr. ALLISON submitted the following"report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7380) " mab..-ing appropriations for sundry civil expen es of the Government for the fiscal year ending June 30, 

1885, and for other purposes," having met, after full and free conference have agreeq to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 7, 9, 18, 21 , 24, '1:7, 28, 

29,31, 32, 50, 53, 54, 55, 57, 58, 59, 60, 61, 65, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79,80, 81, 

82, 83, 84, 85, 86, • 89, 90, 91, 92, 93, 95, 96, 99, 100,101, 103, 1()7, 108, 110, ll5, 116,119, 125, 

127,129, 130, 131, 132, 143, 144, 145, 151, 104, 159, 160, t66, 168,171,172,174,175, 179,180, 

182,183, 1 9, 197, 199, 202, 203, 204, 200, 207, 208, 209,210, 213,214, 215, 216,226,231,232, 

233,234, 236, 231, 241, 242, 244, 245, 248, 249, 250, 251, and 252. That the House recede from its disagreement to the amendments of the Sen- ate numbered 2, 3, 6, 8, 10,ll, 12,13,15,16, 17,19, 20, 22, 23, 25, 26, 30, 33, 34, 35, 39, 41, 

42, 43, 44, 45, 46. 47, 49, 51, 52, 56, 62, 63, 66, 67, 87, 94, 102, 104,105, 111,112, 113, 118, 121, 

123, 133,134,136, 138, 139,140,141,142,147,148, 150, 152, 155, 156, 162, 164, 165, 167, 169, 170, 113, 178, 181, 184,185,186,187, 190,192, 193, 194, 196, 198, 200, 205, 211, 212, 217, 218, 

219,221 , 222,523,225, 2.'30, 235,238, 239, 247,259, 271, '1:72, 273, 274, 275, 216, 277, 218, 279, 

280,281,282, 283, 284, 285, 286, 287, 288, 289, 290, 302, 303, and 304; and agree to the same. 

Amendment numbered 1: That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$5,000;" and the Senate ag ree to the same. Amendment numbered4 and 5: That the House recede from its disagree- ment to the amendments of the Senate numbe red 4 and 5, and agree to the same with amendments as follows: In lie u of the sums proposed in each of said amendments in ert " $7,500 ;" and the Se nate agree to the same. Amendment numbered 14: That th e House r ecede ft·om its disagreement to the amendment of the cnate numbered 14, and a g ree to the sam~ with an amend- m ent as follows: In lie u of the sum proposed insert " $125,000 ;" and the Senate agree to the same. Amendm ent numbered 36: That the House recede from its disagreement to the amendment of the Senate numbered 36, and agree-to the same with an amend 
6072 CONGRESSIONAL RECORD-SENATE. JULY 5, 

ment as follows: In lieu of the sum proposed insert "$140,000; " and the Senate agree to the same. Amendment numbered :n: That the House recede from its disagreement to the amendment of the Senate numbered ~.and agree to the same with an amendment as follows: In lieu of the sum proposed insert" $20,000; " and the Senate agree to the same. Amendment numbered 38: That the House recede from its disagreement to the amendment of the Senate numbered 38, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$15,000; " and the Senate agree to the same. Amendment numbered 40: That the House recede from its di agreement to the amendment of the Senate numbered 40, and agree to the same with an amendment as follows: At the end of said all!lendment insert the following: 

"Provided, That a. report in detail of all such inspection shall be made to the Secretary of the Treasury, who shall annually transmit the same to Congress;" and the Senate agree to the same. Amendment numbered 48: That the House recede from its disagreement to the amendment of the Senate numbered ~. and agree to the same with an amendment as follows: Strike out the amended paragraph;" and the Senate agree to the same. ,. Amendment numbered 64: That the House recede from its disagreement to the amendment of the Senate numbered 64, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$170,000;" and the Senate agree to the same. Amendment numbered !17: That the House recede from its disagreement to the amendment of the Senate numbered !17, and agree to the ea.me with an amendment as follows: In lieu of the sum proposed insert • '$1.20,600; '' and the Senate agree to the same. Amendment-numbered 98: That the House recede from its disagreement to the amendment of the Senate numbered 98, and agree to the same with an amendment as follows: In lieu of the sum proposed in 'laid amendment insert " 14,000 ·"and the Senate agree to the same. Amendment numbered 106: That the House recede fr~n:. its diaflgreement to the amendment of the Senate numbered 106, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken out by said amendment insert the following: "And hereai.er whenever it is practicable contracts for the transportation of moneys, bu 'lion, ooin, notes, bonds, and other securities of the United States, and papers shall be let to the lowest responsible bidder therefor, after notice to all parties having means of transportation;" and the Senate agree to the same. Amendment numbered 109: That the House recede from its di agreement to the amendment of the Senate numbered 109, and agree to the same with an amendment as follows: In line 8 of said amendment strike out the words "and to !\~just the same," and in line12 strike out the words "found due;" and the Senate agree to the same. Amendment numbered 114: That the House recede from its disagrP.ement to the amendment of the Senate numbered 114, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "~.ooo; " and the Senate agree to the same. Amendment numbered 117: That the House recede from its disagreement to the amendment of the Senate numbered 117, and agree to the same with an amendment as follows: ln lieu of the sum proposed in said amendment insert " $15,000; " and the Senate agree to the same. Amendment numbered 120: That the House recede from its disagreement to the amendment of the Senate numbered 120, and agree to the same with an amendment as follows: In lines 7 and 8 of said amendment strike out the words "not to exceed $100,000; " and the Senate agree to the same. Amendment numbered 122: That the House recede from its disagreement to the amendment of the Senate numbered 122, and agree to the same with an amendment as follows 1 In lieu of the amended paragroJ.ph insert the following: "•ro establish and maintain quarantine stations, and to provide proper shelter for and care of neat cattle imported at such ports as may be deemed necessary, $25,000, to be expended by the Commissioner of Agriculture under the general 

supervision of the Secretary of the Treasury." And the Senate agree to the same. Amendment numbered 124: That the House recede from its disagreement to the amendment of the Senate numbered 124, and agree to the same with an amend- ment as follows: In lieu of the matter proposed to be inserted by said amend- ment Insert the following: "To enable the several Executive Departments, the Department of Agriculture, a:nd the Smithsonian Institution to participate in the World's Industrial and Cotton Centennial Exposition, to tre held at New Orleans, La., under act of Congress of February 10, 1883, as follows: For the 'Var Department, 15,000; for the Navy Department, $10,000; for the State De- partment, 10,000; for the Treasury Department, $12,000; for the Interior De- partment, 125,000; for the Post-Office Department, $10 000 ; for the Department of Agriculture, $25,000; foi: the Department of Justice, $3,000; for the Smithson- ian Institution (including the ational .Museum and Commission of Fish and Fisheries), $75,000; for necessary incidental expenses of administration by the board, including o!fioe-rent, fuel, gas, tationery1 telegrams, and expressage, ,.15,-

000; in all,$300,000, to be disbursed under the dJiection of the board on United States Executive Departments,appointed under executive order of May 13,1884; and no exi)en es of any kind beyond the amounts herein provided for shall be incurred by any of the said Departments, or any officer thereof, on account of said exposition. "To enable the several Executive Departments of the Government, including the Department of Agriculture and the Smithsonian Institution, to participate in the Cincinnati Industrial Exposition, to be held at Cincinnati, Ohio, during the mouths of September and October,1884, $10,000; ana to participate in the Southern Exposition, tot-e held at Louisville, Ky., from August 16 to October 

25,1884, 10,000: in all,$20,000 : Pravidecl, That in case more than the said sums is required for the execution of this provision the same shall be paid by said ex- positions." . And the Senate agree to the same. Amendment numbered 126: That the House recede from its di agreement to the amendment of the Senate numbered 126, and agree t<> the same with an amendment, as follows: In lines 7 and Sof the amendment strike out the words 

"amounting t<> forty-seven l·housand three hundred and sixty· two dollars; •' and the Senate agree to the same. Amendment numbered 128: That the Hou e recede from its disagreement to the amendment of the Senate numbered 128, and agree to the same with an amendment as follows: In lieu of the sum proposed in said amendment insert "$21,000;" and the Senate agree to the same. . Amendment numbered 135: That the Hou e recede from its di agreement to the amendment of the Senate numbe red 135, and agree to the same with au amendment as follows: In lieu of the matter proposed to be inserted by said amendment in ert the following: "For constructing terraces north of the Capi- tol, section marked A, as ~>hown on printed plan accompanying the letter of the Secretary of the Treasury (Executive Document No.9, first session Forth-eighth Congress), StiO,OOO, including wages of mechanics and laborers: Provided, That the work under this appropriation shall be confined to the north front of the Capi- tol building, a nd shall not extend westward beyond the line of the west f1·ont of the ennte wing of the Capitol;" and the Senate agree to the same. Amendment numbered 1~: That the House recede from its disagreement to the amendment of the cnate numbered 1~, and agree to the ame with an amendment as follows: In line 2 of the said amendment strike out the word 

·'lower ; " and the Senate agree t<> the same. 

Amendment m:• >~br~ed 146: That-the House recede from its disagreement to the amendment or th Senate numbered 146, and agree to the same with an amendment as follow!!: , .. I ieu of the sum proposed insert "$20,000;" and the Sen- ate agree to the same. Amendment numbf>rrrl 1.19: That the House recede from its disagreement to the amendment of th<: ::5enatc numbered 149, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$350,000; '' and the Senate agree to the same. Amendment numbered 153: Tha t the House recede from its disagreement to the amendment of the Senate nnrnhered 153, and agree to t.he same with an amendment as follows: Strike o•1t all of said amendment after the ·word 

"acre," in line 6,and insert in lien thereof "~5,56l,in full paymentforsaid 

land;" and the Senate agree to the same. Amendment numbered.l57: That the House recede from its disagreement to the amendment of the Senate numbered 157, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$386,000; " and the Senate agree to the same. Amendment numbered 158: That the House recede from its disagreement to the amendment of the Senate numbered 158, and agree to the same with an amendment as follows·: In lieu of the word stricken out by aid amendment insert the following words: "Director subject to the approval of the, " and the Senate agree to the same. Amendment numbered 161: That the House recede from its disagreement to the amendment .. r the Senate numbered 161, and agree to the same with an amendment a foaows: Strike out" June30" and insert'' January!;'' and the Senate agree to the same. Amendment numbered 163: That the House recede from its disagreement to the amendment of the Senate numbered 163, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$30,000;" and the Senate agree to the same. Amendment numbered 176: That the House recede from its disagreement to the amendment of the Senate numbered 176, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$10,000;" and the Senate agree to the same. Amendment numbered 177: That the House recede from its disagreement to the amendment of the Senate numbered 177, and agree to the same with an amendment as follows : In lieu of the sum proposed insert "$49,000 ; " and the Senate agree to the same. Amendment numbered 188: That the House recede from its disagreement to the amendment of the Senate numbered 188, and agree to the same with an amendment as follows : In lieu of the s•un ~roposed insert "$6,000; 11 and the Senate agree to the same. Amendment numbered 191: That the House r ecede from its disagreement to the amendment of the Senate numo.,ered 19l, and agree to the same with an amendment as follows: In lieu of the Rum proposed insert "$12,500;" and the Senate agree to the same. Amendment numbered 195: That the House recede from its disagreement to. the amendment of the Senate numbered195, and agree to the same with amend- ments as follows: In line 1 of said amendment strike out the words "two sto- ries" and in lieu thereof insert the words" one story," and in lieu of the sum proposed in the amendments insert " J5,000 ;" and the 'enate agree to th same. 

Amendment numbered 201 : That the House receue from its disagreement to the amendment of the Senate numbered 201, and agree to the same with an. amendment as follows: In lieu of the sum proposed in said amendment insert ·" $20,000; 11 and the Senate agree to the same. Amendment numbered 220 : That the House recede from its disagreement to. the amendment of the Senate numbered 220, and agree to the same with an amendment as follows: In lieu of the sum proposed in~ert "$20,000;" and the Senate agree to the same. Amendment numbered 224: That the House recede from its disagreement to the amendment of the Senate numbered 224, and agree to the same with an amendment as follows: In line 1 of said amendment, after the word" a-ct,•~ 

strikeout the words " be, and the same is hereby 11 and in lieu thereof in ert the words "during which said publication shall be subject to the order of Senators~ 

Representatives, and Delegates, and shall be; 11 and the Senate agree to the same. Amendment numbered 2'1:7: That the House recede from its disagreement to the amendment of the Senate numbered m, and agree to the same with A.n amendment as follows: In lieu of the sum proposed insert "$60,000; 11 and the Senate agree to the same. Amendment numbered 228: That the House recede from it disagreement t(> the amendment of the Senate numbered 228, and agree to the same with an amendment as follows: In lieu of the sum proposed inseft "$4.0,000; " and the Senate agree to the same.• Amendment numbered 229: That the House recede from its disagreement to the amendment of the Senate numbered 229, and agree to the same with an amendment as follows: In lieu of the sum propo ed insert • $40,000; " and the Senate agree to the same. Amendment numbered 240: That the House recede from its disagreement to. the amendment of the Senate numbered 240, and agree to the same with amend- ments as follows: Restore the matter proposed to be tricken out by said amendment, and strike out, in line 21, page 75 of the bill, the word "sum 11 and insert in lieu thereof the word "sums;" and the Senate agree to the same. Amendment numbered 246: That the House recede from its disagreement to the amendment of the Senate numbered 246, and agree to the same with an amendment as follows: In lieu of the sum propo ed in ert "$35,000; 11 and the Senate agree t<> the same. Amendment numbered 291: That the House r ecede froin its disagreement to the amendment of the Senate numbered 291, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$2,250,000; 11 and the Senate agree to the same. That the House recede from its disagreement to the a,mendments of the Senate numbered 292,293,294,295,296,297,298, 299,300, and30l,and agree to the same with an amendment as follows: In lieu of the amended paragraph in ertthe following: "For printing and binding for Congre s, including the proceeding and de- bates, $1,153,170; for the State Department, 10,800 ; for the Treasury Department, $270,000; for the War Department, $157,500 (of which sum $12,000 shall be for the Catalogue of the Library of the Surgeon-General's Office); for tlte Navy Department, $63,000; for the Interior Department, $352,000 (of which sum $10,000 is ap- propriated for rebinding tract-books for the General Land Office); for the De- partment of Justice, $9,000; for the Post-Office Department, 180,000 ; for the .Agricultural Department, $22,500; for the Supreme Court of the United States, 

l8,000; for the supreme ooun; of the District of Columbia., 1,350; for the Court of Claims, $9,000; and for the Library of Congre~?B, 13,680. And no more than an allotment of one-half of the sum hereby appropriated shall be expended in the two first quarters of the fiscal yeari and no more than one-fourth thereof may be expended in e ither of the two ast quarters of the fiscal year, except 

that, in addition thereto, in either of said last quarters, the unexpended balances of allotments for preceding quarters may be expended; 11 and the Sena.te agree to the same. That the House recede from its disagreement to thu amendments of tl1e Sen- ate numbered 305,306,307,308, 309,310,311,312,313,314,315,316, and 317, and agree to the same with an amendment as follows: In lieu of the matter propo ed to be stricken out by said amendments insert the following: "That the Joint Com- mittee on Public Printing is hereby instructed to examine into the numbers 
1884. CONGRESSIONAL RECORD-SENATE. 6073 

printed of the various documents, reports, bills, and other papers published by order of Congress, or ®f either House thereof, and of the CoNGRESSIONAL RECORD, and to report a bill, in December next, making such reductions in the numbers and cost of printing, and such changes and reductions in the distribution of said publication , as they may deem expedient, wit,h a report giving their reasons therefor; and that the s::tid committee is also instructed to investigate the print!J!g and binding for the Executive Departments, executed at the GovernmentPrmt- ing Office and at the branch printing offices and binderies in the various Departments, and report a bill, in December nerl, making such reductions in expense and imposing such checks as they may deem expedient, with a report giving their reason~ therefor; and said committee is further instructed to make any other investigations calculated in their opinion to reduce the cost of the public 

printing, and report the result thereof; and the said committee is hereby author- ized to sum mou and to examine experts and witnesse , and to call upon the heads of Executi'l""c Departments and the Public Printer for such information regarding the preceding matters as they may desire ; and any expenses necessarily in- curred in making tbe investigations aforesaid shall be defrayed equally from the contingent funds of the two Houses of Congress;" and the Senate agree to the 

same. The cgmmittee of conference is unable to agree on the amendments of the Senate n urn be red 243, 253, 254, 255, 256, 2a"'7, 258, 260, 261, 262, 263, 264, 265, 266, 267,268, 

269, and 270. W. B. ALLISON, EUGENE HALE, F. 1\I. OOOKRELL, 

Managers on the pa1·t of the &nate. 

SAM. J. RANDALL, WM. H. FORNEY, THOS. RYAN, 

Managers on the part of the House. 

The PRESIDENT p1·o tempore. The question is on agreeing to the 

recommendation of the managers on the part of the Senate. 

The report was concurred in. 

Mr. ALLISON. I move that the Senate further insist upon its amendments to the bill in every case where a. disagreement has taken. place. 

The amendments are numbered in the report. I will say in _explanation that all these amendments relate to the question of the new legislation on the bill with reference to marshals and district a.ttorneys. 

Every other matter in the bill bas been agreed upon. 

1\Ir. BAYARD. Will the Senator explain the amendments last read 

by the Secretary ? 

Mr. ALLISON. The amendments last read are all amendments relating to the appropriation and the legislation respecting the reorganization of the laws with reference to marshals and district attorneys. 

Mr. BAYARD. Do. I understand that there has been a partial agreement? 

Ur. ALLISON. There has been no agreement whatever upon any 

matter relating to that subject. The whole matter is still in dispute. 

l\ir. BAY .ARD. But I take it that the whole of that is embraced 

within a single amendment. 

?tfr. ALLISON. No; there are quite a number of amendments, all 

relating to the same subject. . . 1\Ir. BAYARD. I knew it was quite an extensive amendment, but 

I had the impression that the whole subject of the change of existing 

laws respecting tbepay of clerks, commissioners, marshals, &c., was a 

single amendment. 

l\Ir. ALLISON. There are a number of amendments. For instance, 

we inserted on page 90 of the bill an amendment numbered 243, which 

provides for an appropriation to the territorial courts of Utah. The 

legislative amendments include matter relating to those courts. Then, 

the first amendment in the series, numbered 253, is an appropriation. 

Of course if this legislation is not agreed to the appropriation must be 

in a different form. 

Mr. BAYARD. I understand. 

l\Ir. ALLISON. So with amendments numbered 254, 255, 256, 257, 

and 258. Amendmentnum bered 259 was agrood to, it being the amendment relating to the clerk of the Supreme Court. Then the remaining 

amendments are all relative to legislative provisions, eaeh section being 

numbered separately. I move that the Senate insist on its amendments disagreed to by the House. 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate further insist upon the amendments in respect of which a 

disagreement is reported. 

The motion was agreed to. 

The PRESIDENT pro tempore. The Chair did not understand the 

Senator to move that a further conference be bad ? 

Mr. ALLISON. I do not ask a further conference. 

EXECUTIVE SESSION. 

The :PRESIDENT lJrotempore. Tbependingbusiness, being the bill 

{S. 228) to appropriate and expend 50,000 000 derived from the internal-revenue taxes and sale of public lands for the education of all the 

children living in the nited States, is now before the Senate. 

l\Ir. INGALLS. I move that the Senate proceed to the consideration 

of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After twenty minutes spent in executive 

session the doors were reopened. 

~IESSAGE FROM THE HOU E. 

A message from the House of Representatives, by l\Ir. CLARK, its 

Clerk, announced that the House agreed to the report of the committee 

of conference on the disagreeing votes of the two Houses on the bill (H. 

R. 7069) making appropriations for the legislative, executive, and judicial expenses of the Government for the :fiscal year ending June 30, 

18 3, and for other purpo es, insisted on its disagreement to the amendments of the Senate numbered 21, 24, and 25, agreed to the further 

conference asked by the Senate thereon, and had appointed Mr. WILLIAMS. HOLMAN of Indiana, Mr. JOHN HANCOCKofTexas, and Mr. J. 

G. CAN:NON of illinois managers at the conference on the part of the Ho~. · 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had signed 

the following enrolled bills; and they were thereupon signed by the 

PresiG.ent pro tempore: 

A bill {H. R. 2574) granting a pension to Rosella Pegg; 

A bill {H. R. 41 0) granting an increase of pension to Rowland 

Ward; . A bill {H. R. 875) granting a pension toP. W. Bradbury; 

A bill (H. R. 5088) for the relief of Magdalena Cook; 

A bill (H. ll. 204) granting a pension to Susan Y. Attwater; 

A bill {H. R. 5553) granting a. pension to Isabella Palmer; 

A bill (H. R. 1752) for the relief of Maria L. Lee; and 

A bill (S. 28) to confirm the status of John N. Quackenbush as a. 

commander in the United States Navy. 

CONSULAR AND DIPLOMATIC APPROPRIATION BILL. 

Mr. INGALLS. Is it necessary, I ask the chairman of the Committee on Appropriations, to sit longer to-night? 

Mr. ALLISON. I should like to sit a few moments longer until I 

can make a conference report. 

The PRESIDING OFFICER. The report will be received. 

Mr. ALLISON submitted the following report: 

The committee 0f conference on the disagreeing votes of the two Houses on the amendment of the Senate numbered 158 to the bill (H. R. 6770) making ap- propriations for the consular and diplomatic service of the Government for the ·fiscal year ending Jtme 30,1885, and for other purposes, having met, after full and free conference have been unable to agree on the amendment of the Senate numbered 158. W. B. ALLISON, EUGENE HALE, F. :M:. COCKRELL, 

Manager& on the pa1·t of the Senate. 

JA IES N. BURNES, R. W. TOWN HE~"'D, 

~ W. D. WASHBURN, 

Managers on the part of the House. 

l\Ir. INGALLS. What is amendment numbered 158? 

l\Ir. ALLISON. The amendment relating to the secret fund. 

l\Ir. VEST. Nicaragua. 

PUBLIC BUILDING AT ERIE. 

l\fr. MITCHELL. I should like to inquire whether there is anything now before the Senate for consideration. 

The PRESIDING OFFICER (Mr. SEWELL in the chair). The Chair 

will lay before the Senate the regular order. [''No ! '' ''No ! ''] 

l\Ir. MITCHELL. I was about to ask the indulgence of the Senate 

in regard to a little bill I wanted to bavepassedlastevening, which the 

Senator from Kansas [Mr. INGALLS] at that time was not willing 

should be considered. I presume be will have no objection now. 

.l\Ir. INGALLS. I withdraw my objection. 

l\1r. MITCHELL. If the Senate will be kind enough to have it considered, I shall he glad to have it passed. 

Several SENATORS. What is it? 

Mr. MITCHELL. It is a public building bill, which has been reported by the committee of the Senate, and also the committee of the 

House. It is Order of Business 738. 

The PRESIDING OFFICER. The Senator from Pennsylvania moves 

to take up Order of Business 73 , being Senate bill 1751. Is there objection ? The Chair bears none. 

1\Ir. HARRISON. What is the use of passing a Senate bill now? 

l\Ir. MITCHELL. There is every reason in the world for passing 

all the Senate bills that we can at this session to expedite the work of 

the next session. In this case the member of Congress who represents 

the district tells me the House will be gracious enough to pass the bill 

if the Senate will send it over; and if the House is in the mood I understand it is this evening, in good temper, and having a desire to -respect 

the wishes of the Senate, as I understand it to be at this time, I believe 

it will pass the bill. I trust the Senate will pass the bill at any rate. 

The PRESIDING OFFICER. Is there objection to taking up the 

bill named by the Senator from Pennsylvania? 

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the bill (S.1751) to amend an act entitled "An act to 

provide a building for the u e of the United States circuit and district 

courts of the United States, the post-office, internal-revenue offices, and 

other Government offices. at Erie, Pa., '' and making an additional appropriation therefor. 

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

be engros ed for a third reading, read the third time, and passed. 

CD1NABAR .AND CLARK'S FORK RAILROAD. 

llr. SA \VYER. There <.loes not appear to be much before the Sen-

• 
I 

h 

6074 CONGRESSIONAL RECORD-SENATE. JULY 5, 

ate now, and no doubt my friend from Mi, ouri will be willing to take 

up the Cinnabar and Clark's Fork Railroad bill. If he ha any objec- ti~.,n, of course I shall not make the report. I would not do anything 

against his objection. 

Mr. VEST. It is too early in the morning. 

:rtiDTU~ FIRE INSURANCE COMPANY. 

Mr. INGALLS. 1\Ir. President, the Committee on the District of 

Columbia reported without amendment House bill4985, Order of Business 7 9, a local bill, that I think it is safe to say will excite no debate, 

and in the customary vernacular ''it is a little bill,'' and will only take a minute to pass. If there be no objection, I should like to have it 

considered now. 

Mr. RIDDLEBERGER. What is the title of the bill? 

The PRESIDING OFFICER. The title of the bill will be read. 

TheCHIEFCLERK. "A bill {H. R. 4985) supplemental to and amendatory of an act to incorporate the Mutual Fire Insurance Company of 

the District of Columbia." 

By tmanimousconsent, the Senate, as in Committee of the Whole, proceeded to consider the bill. It provides that whenever the holder or holders of a policy or policies of insurance hereafter issued in the Mutual Fire Insurance Company of the District of Columbia shaJl have 

failed for the full period of three years to pay the interest or any lawful 

assessment due upon his or their premium note or notes, such policy or policies of insurance shall be deemed to be lapsed, and the board of 

managers may proceed to settle and cancel the same, after a previous 

adverti ement of their intention to do so, to be in erted in two newspapers printed and publi bed in the city of Wa hington once in each 

week for the period of three consecutive months, and after serving, besides, whenever practicable, a personal notice in writing for a like period of time upon the holder or holders of such policy or policies, or in 

the event of his or their death, upon the legal repre entatives of such 

holder or holders. The co t of such advertisement and notice is to be 

deducted from the sum or sums of money which may be found to be due on the settlement of the policy or policies to the bolder or holders 

thereof. 

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

ELON A. MARSH AND MINARD LAFEVER. 

Mr. CONGER. I a-sk the indulgence of the Senate to ca11 up Senate 

bill 671, Order of Business 327. ' 

Mr. B TLER. Pending that motion I move that the Senate take a recess until half past 3 o'clock. 

Mr. CONGER. I ask the Senator to wait about :five minutes until 

this bill is passed. 

The PRESIDING OFFICER. Is there objection to taking up the 

bill indicated by the Senator from Michigan? 

1\ir. CONGER. I will make a statement of the charader of the bill 

if the Senator will withdraw the motion. 

Mr. BUTLER. I withdraw my motion~ 

1\ir. CONGER. This is a bill to authorize the Secretary of the Interior to sign hi name to a patent for an invention of little value, 

which was issued and supposed to be all right, with the signature 

signed. All the other formalities were gone through and the patent was issued and delivered to these young men, who are engineers, in 

Michigan. These young men, who own the patent together, did not 

know for a year but wba.t the Secretary of the Interior had signed the 

papers, as everyone bud a righttosupposehebad; and then itwasdiscoYered that they were not signed. In the mean time a new Secretary 

of the Interior had been appointed. It seems to require the authority 

of CongresS to authorize the signature. 

I think this is a fair statement of the case. The bill is reported by 

the Senator from Connecticut [Mr. PLATT] from the Committee on Patents. 

By unanimous consent, the Senate, a in Committee of the Whole, proceeded to consider the bill (S. 671) for the relief of Elon A. Marsh and 

1\1inard Lafever. 

The preamble recites that on the 28th of December, 1880, in due form 

of procedure and in all legal respects, letters patent numbered 236052 

of the United States of America were duly granted and issued to Elon 

A. U~rsh and his assignee, Minard Lafever, of Battle Creek, in the 

County of Calhoun, and State of Michigan, for a new and useful improvement in stea.m-engine valve-gear, save that the letters patent were not, by accident or mistake, at the time of issuing, signed, as by law re- quired, by the Secretary of the Interior, and that the letter" patent were afterward, on the 24th of February, 1882, but not before, duly 

signed by the then acting Secretary of t.he Interior. 

The bill therefore makes the letters patent legal, valid, operative, and 

complete, in law or inequity, for all and every purpo e, legal or equitable, in all and every manner, without any or the least exception what- soever, in form, or force, or effect, or intendment, or purpose, or protec- tion and ownership, in the exclusive right to make, use, and vend the 

invention from the date of its original issue, to wit, the 28th of De- cember, 1880, precisely and just in all respects and for all purposes the same as would have been the case and consequent operativena."Softbe 

letters patent, in law or equity, for the full term by law provided, had 

the signature of the Secretary of the Interior been placed thereon on and at the day of the issue of the letters patent, as prescribed bylaw, and 

had the omission or failure of. the signature thereon not occurred. 

1\Ir. CAMERON, o£ Wisconsin. Is there a report? If so, let it be 

read. 

Mr. PLATT. There is a House report in the case, which the Senate 

committee adopted. The Senate committee did not submit a written 

report. - Mr. INGALLS. Will the Senator state the facts? 

Mr. CAMERON, of Wisconsin. Let the chairman of the Committee on Patents' state the basis of the report. That will answer every 

purpose. 

1\Ir. PLATT. There is a patent for a valve-gear, something about an engine; I do not remember the character of it. The Secret::l.ry of 

the Interior in signing the patents ran off two at a time, so that he did 

not affix his signature to that patent. Some parties infringed it. The owner of the patent did not know it, brought suit in court, and it was defended, and the party at last discovering that be had no defen e on 

the merits discovered this omission of the Secretary of the Interior to 

sign the patent, and set that up and defeated the suit. 

The committee could see no earthly reason why the patent should 

not be validated as of the time when it ought to have been signed and 

would have been signed by the Secretary except for this pure mistake. 

The bill was reported to the Senat e without amendment, ordered to 

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

RECESS. 

Mr. COCKRELL (at 3 o'clock and 15 minutes a.m., Sunday, July 

6). I move that the Senate take a recess for fifteen minutes. 

The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

CONSULAR AND DIPLO::\IATIC APPROPRIATiO:N BILL. 

~1r. ALLISON. Recurring again to the bill (H. R. 6770) making 

appropriations for the consular and diplomatic service of the Government fort.he:fiscalyear ending June 30, 1885, and for otberpurpo es, I move that the Senate further insist upon its amendment numbered 

158 and ask the House to consent to another conference. 

The PRESIDENT pro te•mpore. The report of the Senate conferees 

having been read previously on this bill, the Senator from Iowu. moves that the Senate furtherinsist upon its amendment to the bill numbered 

158 and ask a further conference thereon with the House of Representatives. 

The motion was agreed to. 

By unanimous consent, the President pro tempore was authorized to 

appoint the conferees on the part of the Senate, and Mr. ALLI ON, 1\lr. 

HALE, and Mr. COCKRELL were appointed. 

ORDER OF BUSINESS. 

The PRESIDENT pro tempore. The Chair lays before the Senate the 

regular order, being the bill (S. 228) to appropriate and expend 50,000,-

000 derived from the internal-revenue taxes and sale of public lands for 

the education of all the children living in the United States. 

Mr. BUTLER. I move that the bill be postponed until next December. 

The PRESIDENT pro tempore. The bill has not yet been read. It 

will be read. 

1\Ir. BUTLER. Before it is read I move that it be postponed. 

Mr. INGALLS. Pending that motion I ask unanimous con ent to 

take up the bill (H. R. 40 9) to empower the commissioners of the District of Columbia to examine the claim of, and providing for the payment of, Outerbridge Horsey, assjgnee, reported from the Committee on 

the District of Columbia by the Senator from Maryland [Mr. GoRMAN]. 

Mr. Horsey is a citizen of Maryland, and his claim I think amounts to 

less than $100. The Senator from Maryland is very anxious that the 

bill should be acted on. The PRESIDENT pro tempore. Is there objection to the request of 

the Senator from Kansas? 

RECESS. 

Mr. COCKRELL. Pending that, I move that the Senate take are- cess for thirty minutes. 

The PRESIDENT pro tempore. Pending this request, the Senator 

from Missouri moves that the Senate take a recess for thirty minutes. 

[Having put the question. J The motion is agreed to, and the Senate 

takes a recess until :five minutes past 4 o'clock. 

At 4 o'clock and 5 minutes a. m. the Senate reassembled. 

MESSAGE FRO:ll THE HOD E. 

A message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the House had concurred in the report of the 

committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7440) making appropriations for fortifications and other works of defense, and for the ar- mament thereof, for the :fiscal year ending June 30, 1 5, and for other 

purposes. E~""ROLLED BILL SIG~"'ED. 

The message also announced that the Speaker of the House had 

-· 
1884. CONGRESSIONAL RECORD-SENATE. 6075 

signed the enrolled bill (H. R. 7440) making appropriations for fortifi-

-cations and other works of defense, and for the armament thereof, for 

the fiscal year ending June 30, 1885, and for other purposes; and it was 

thereupon signed by the President pro tempore. 

RECESS. 

Mr. COCKRELL. I move that the Senate take a recess for fifteen 

minutes. 

The motion was agreed to{ and at the expiration of the recess (at 4 

o'clock and 22 minutes a. mJ the Senate reassembled. 

The PRESIDENT pro tempore. The recess has expired and the Senate resumes its session. The pending business is the consent asked by 

the Senator from Kansas [Mr. INGALLS] that Order of Business 915, 

being the bill (H. R. 4089) to empower the Commissioners of the District of Columbia to examine the claim of, and providing for the payment of Outerbridge Horsey, assignee, be now considered. 

Mr. VEST. I move that the Senate take a recess of fifteen minutes. 

The motion was agreed to; and the Senate took a recess until4 

o'clock and 37 minutes a. m., at which time it resumed its session. 

The PRESIDENT pro te-mpore. The yending question is on the application of the Senator from Kansas LMr. INGALLS] for unanimous 

-(!Onsent that th~ Senate now consider Order of Business 915, being the 

bill (H. R. 40 9) to empower the commissioners of the District of Columbia to examine the claim of, and providing for the payment of 

Onterbridge Horsey, assignee. Is there objection? 

Mr. DOLPH. I object, Mr. President. 

The PRESIDENT pro tempore. Objection is made. The Senate resumes the consideration of the regular order, being Order of Business 

3. The title of the bill will be reported. 

The CHIEF CLERK. A bill (S. 228) to appropriate and expend .$50,000,000 derived from the internal-revenue taxes and sale of public 

lands for the education of all the children living in the United States. 

Mr. VEST. I move that the Senate take a recess until5 o'clock. 

The motion was agreed to; and (at 4o'clock and44 minutes a.m.) the 

.Senate took a recess till5 o'clock a. m., at which hour it reas embled. 

Mr. CONGER. I move that the Senate take a recess for fifteen 

minutes. 

The motion was agreed to; and (at 5o' clock) the Senate took a recess .till 5 o'clock and 15 minutes a. m., at the expiration of which time the 

.Senate reassembled. 

Mr. ALLISON. I move that the Senate take a further recess of 

twenty minutes. 

The motion was agreed to; and at 5 o'clock and 35 minutes a. m. the 

.Senate reassembled. · 

The PRESIDENT pro tempare. The recess has expired and the 

.Senate resumes its session. 

Mr. COKE. I move that the Senate take a recess until6 o'clock. 

Mr. SAWYER. I think there will be a message here before that 

:time. I suggest to the Senator to say quarter to 6. 

M:r. COKE. Very well; quarter to 6. · 

The PRESIDENT pra tempore. The Senator from Texas moves that 

the Senate take a recess until 5 o'clock and 45 minutes. 

The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

The PRESIDENT pro tmnpore. The time of recess has expired, and 

the Senate resumes its session. 

COJ.\BIITTEE ON TRANSPORTATION ROUTES. 

l\Ir. MANDERSON. M:r. President, in the matter of the appointment of additional members of the Committee on Transportation Routes 

to the Seaboard, called for by the resolution passed to-day, I move that 

the President pro tempore appoint the additional members of the com- mittee. 

The PRESIDENT pro tempore. The Senator from Nebraska asks 

.unanimous consent that the Chair appoint the additional members provided for by the resolution of the Senate adopted to-day on the Committee on Transportation Routes to the Seaboard. Is there objection? 

The Chair hears none and it is so ordered. The Chair appoints as additional members of the Committee on Transportation Routes to the Seahoard the Senator from Illinois [l\Ir. CULLOM] and the Senator from .. Missouri [l\Ir. VEST]. 

SUNDRY CIVIL APPROPRIATIOX BILL. 

A message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the House had concurred in the report of the committee of conference on the disagreeing votes of the twoHouses on the 

.amendments of the Senate to the bill (H. R. 73 0) making appropria.-

tions for sundry civil expenses of the Government for the fiscal year ending June 30, 1885; and for other purposes. 

And that the House receded from its disagreement to the amendments 

-<>f the Senate numbered 243, 258, 260_. 261, 262, 263, 264, 265, 266, 268, 

:269, and 270 to the said bill, and agreed to the same. 

Also, that the House receded from its disagreement to the two hundred 

.and fifty-third amendment of the Senate, and agreed t.o .the same with 

amendments as follows: In lien of the sum propo ed in that amendment 

insert '' $600,000, '' and after the amendment insert as a new paragraph: 

For <!ompensation of the district marshals of the United States, S12.i00. 

Also, that the House receded from its disagreement to the amendments 

of the Senate numbered 254, 255, 256, and 257 to the said bill, and 

agreed to the same with amendments as follows: In lien of the sum proposed in the amended paragraph insert " '325, 000," and insert as a 

new paragraph: 

For compensation to the district attorneys of the United States, S20,100 

Ur. ALLISON. I ask the Senate to proceed to the consideration of 

the House amendments to the Senate amendments to the sundry civil 

bill. 

The PRESIDENT pro tmnpore. The Chair lays before the Senate a 

message fmm the House of Representatives on the sundry civil bill, so called. The message from the House of Representatives will be read . 

The Secretary read as follows: 

IN THE HOUSE OF REPRESENTATIVES, July 5, 1884.. 

Resolved, That the House recede from its disagreement to the amendments of 

the Senate numbered 2!3, 258,260, 261,262,263,264,265, 266,268, 269, and 270, to the 

bill (H. R. 7380) making appropriations for sundry civil ex pen es of the Govern- ment for the fi cal year ending June 30,1885, and for other pw·po es. That theHou e recede from its disagreement to the two hundred and fiftythird amendment of the Senate to said bill, and agree to the same with amend- ments as follows: In lieu of the sum proposed in said amendment insert" S600,- ()()(J; " and after said amendment insert as a new p:ll-agraph : "For compensation of the di trict marshals of the United States $12,700." 

That the Hou e recede from its disagreement to the amendments of the Sen- ate numbered 2S4, 255, 256, and 257 to the said bill, and agree to the same with 

amendments as follows: In lieu of the sum proposed in the amended paragraph insert "$325,000; " and insert as a new paragraph: "For compensation of the district attorneys of the United States, $20,100." 

The PRESIDENT pro tmnpore. The action of the House of Representatives on the conference report will be read. 

The Secretary read as follows: 

IN THE HOUSE OF REPRESEYTATIVES, July 5, 1884. 

Resohed, That the House concur in the report ofthe committee of conference on the disagreeing votes of the two Hou es on the amendments of the Senate to the bill (H. R. 7380)makingappropriatioJJs for sundry civilexpensesofthe Gov- ernment for the .fiscal year ending June 30, 1885, and for other purposes. 

Mr. ALLISON. I do not see that the House has receded from its 

disagreement to amendment No. 267. · . 

The PRESIDENT pra tempore. No. 267 does not appear in the conference report or in the action of the House independent of the con- ference report . 

Mr. ALLISON. How about 269 and 270? 

The PRESIDENT pro tempore. TheHouse has receded from its disagreement to amendments No. 269 and 270. 

Mr. ALLISON. How about 268? 

The PRESIDENT pro tempore. They recede from their disagreement to 268 also . 

Mr. ALLISON. But 267 is not included. 

The PRESIDENT pro. tempore. Two hundred and sixty-seven not 

inclnd~d. ''The House recedes from its disagreement to the amendments of the Senate numbered 243, 258, 260, 261, 262, 263, 264, 265, 

266, 268, 269, and 270,.'' and ''agree to the same.'' That is a recession 

without any amendment. No. 267 does not appear. The Senate 

amendment 267 proposed to strike out section 9 of the bill. 

l\Ir. ALLISON. Section 9 relates to clerks of courts of the United 

States. 

The PRESIDENT pro tempore. The sections in the House bill as engrossed appear to be duplicated. The first section 9 is that "fees 

earned by the clerks of United States courts, &c., for services in civil 

and criminal cases shall be accounted for,'' and making regulations 

about the courts; and the latter section 9 refers to the printing and distribution of documents. 

Mr. ALLISON. That relates to another subject. I ask the Secretary to again read the message from the House. I should like to verify 

it. 

The PRESIDENT pro tempore. The action of the House independent of the conference report? 

Mr. ALLISON. Yes, sir. I should like to verify it. 

The PRESIDENT pro tempare. The action of the House besides 

agreeing to the conference report will be again read. 

The Secretary read the message from the House. 

Mr. ALLISON. That is as it should be with the exception of amendment 267. I ask that action be suspended until I ascertain that this is 

a correct report of what was done in the Honse. I think probably 

amendment 267 has been omitted by mistake. The clerks will verify 

the action of the House. 

The PRESIDENT pra tempare. The report of the conferenCe shows 

that amendment No. 267 was not agreed upon between the conferees, and 

it appears from the message from the House not to have been acted 

upon at all by the House of Representatives. The Chair will defer 

action upon the matter for the present. 

Mr. ALLISON. I move that the Senate concur in the amendments 

of the House to the Senate amendments, and that the Senate further 

insist upon its amendment numbered 267. 

The PRESIDENT pra tempore. The Senator from Iowa moves that 

the Senate concur in the amendments made by the House to the Senate amendments numbered as bas been reported. 

The motion was agreed to. 
6076 CO.r~GRESSIONAL RECORD-SENATE. JULY 5, 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate further insist upon its amendment numbere~ 267. 

Mr. CONGER. What is that amendment? 

M:r. ALLISON. It isanamendmentrelatingtotheclerks of courts, 

&c., and the fees earned in United States courts. It is one of the legislative sections, which of course is dependent upon the sections already 

stricken out. I hope the Senate will insist upon its amendment. I 

do not think it is necessary to ask a conference. 

The PRESIDENT pro tempore. The Chair understands that amendment numbered 267 relates to the first section 9 as it appears in the 

engrossed House bill, there being two sections 9 in the engrossment of 

the bill as i1 came from the House. The first section 9 relates to the· 

fees of clerks, marshals! &c. , and the second section 9 relates to the 

public printing. The Chair understands that the motion in respect of 

amendment numbered 267 applies to the first ~tion 9. 

Mr. ALLISON. Yes, sir; it applies to the first section 9. 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate insist upon its amendment numbered 267. 

The motion was agreed to. 

1\IESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by :M:r. CLARK, its 

Clerk, announced that the House receded from its disagreement to the 

amendment of the Senate numbered 267 to the bill (H. R. 7380) making appropriations for sundry civil expenses of the Government for the 

fiscal year ending June 30, 1885, and for other purposes, and agreed to 

the same. RECESS. 

Mr. HA. WLEY. From information that I have received I think we might as well take another short recess. I move that the Senate take a recess until half past 7 o'clock a.m. . The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

?IIESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the House still further insisted on its disagreement to the amendment of the Senate numbered 158 to the bill (H. 

R. 6770) making appropriations for the consular and diplomatic serv- ice of the Go-.ernment for the fiscal year ending June 30, 1885, and for 

other purpo es, asked a further conference with the Senate on the disagreeing votes of the two Houses thereon, and had appointed Mr. 

J .AMES N. BURNES of Missouri, Mr. RICHARD W. TOWNSHEND of 

Illinois, and 11Ir. WILLIAM D. WASHBURN of Minnesota managers at 

the further conference on the part of the House. 

Mr. ALLISON. I move. that theSenate takearecessuntil3 o'clock. 

The motion was agreed to; and (at 7 o'clock and 37 minutes a.m., 

Sunday, July 6) the Senate took a recess until 3 o'clock p. m., at 

which hour the Senate reassembled. 

The PRESIDING OFFICER (l\fr. MANDERS{>~ in the chair). The recess having expired, the Senate resumes its session. · 

NAMING OF PRESIDING OFFICER. 

Mr. BAYARD. Mr. President, I rise to emphasize the fact that 

upon several occasions during the last two or three months there has 

been a substitution by the President pro tempore of the Senate of a Senator to occupy the chair in his absence for a period which has ex- tended beyond an adjournment of the Senate. Rule No. 11 section 3, 

provides thatThe President pro tempore shall have the right to name in open Senate, or, if absent, in writing, a Senator to perform the duties of the Chair; but such 

substitution shall not extend beyond an adjournment·, except by unanimous consent. 

I merely desile to have the fact noted and here emphasized that it 

has been by unanimous consent, and that there is therefore no precedent to be drawn from the action of the Senate in the last two or three 

months that there is power in the President pro tempore to substitute 

beyond an a-djournment, beyond the term of the legislative day, any one to act for him and perform the powers and duties of the President 

pro tempore of·this body. 

I have not withheld my consent from such substitution because in 

the position of the Senate, in the almost evenly balanced condition of 

party numbers in this Chamber, it would have been inconvenient and 

probably disconcerting to the business of the body to have had an election on every day when our honored friend, the Senator from Vermont, elected President pro tempore over the Senate, was· necessarily 

absent for the time; but it was with a desire to note that fact and em- phasize it that I have made the statement that nothing but unanimous 

consent could have aJ.lowed this to be done. 

The PRESIDENT pro tempore. The Chair begs to state that for the 

eighteen years that he has occupied a place in the Senate, whenever the 

Senate bas taken a recess and it has been convenient for the Presiding 

Officer, the gentleman who occupied the chair at the time of the recess, 

resumed it when the Senate reassembled. 

Mr. BAY .A.RD. In the absence of the President pro tempore I stated 

that which I bad intended to do before theclo e of the session, that the 

power of substitution under the rule did not extend beyond an adjournment; that unanimous consent had been given at various times to such a substitution by the President pro ternpore beyond an adjon:rnment, but 

that I wished to note the fact that it was in every case by unanimous 

consent. 

Mr. BUTLER. Mr. President--

The PRESIDENT pro tempore. The Senator from South Carolina 

will allow the Chair to state--

11-Ir. BUTLER. I simply wish to correct a misapprehension under 

which the Chair seems to be laboring. The Senator from Delaware 

was making no complaint of the Chair designating therecentoccupant 

of the chair. 

Mr. BAYARD. I did hot refer to that. 

Mr. BUTLER. He was simply desiring to emphasize what was determined by the rules of the Senate. As I understand be made no complaint whatever of the designation. 

11-Ir. B.A. Y A.RD. I did not hear the President pro tempore suggest that 

there had been complaint on my part at all. 

Mr. BUTLER. I thought he had. 

1\Ir. BAY A;RD. If so, be was speaking under an entire misapprehension. I was merely drawing attention to the rule and stating the 

fact and the reasons why it had been done. 

The PRESIDENT pro tempore. The Chair was only <hawing attention also to the rule and to the practice of the Senate, that there is a 

marked distinction betweenanadjournment and a recess. This is precisely the same sitting which began yesterday, and a recess often hours 

does not differ from a recess of five minutes. The Chair has stated 

that for eighteen years to his personal know ledge, under all administrations, the gentleman who occupied the chair at the time a recess was taken resumed it as of course at the expiration of the recess unless the 

regular presiding officer happened to come in. 

Mr. BAY .A.RD. I do not know that a prolongation of this matter is 

at all valuable, but my reason for stating what I did and emphasizing 

the fact that this was only by unanimous consent, was that the Committee on Rules proposed at the commencement of the present session 

that the power of substitution should last for the. period of three days. 

I and some others who thought with me upon that subject stated our objections to ::;uch a rule to be that if the power for three days could 

be .granted, it ruight he extended for thirty days or three months. 

That objection was made, and subsequently the Senate :fixed the rule as it now is. I merely desired to emphasize the fact that we have been 

acting under unanimous consent in accepting the substitutions made 

by the President pro tempore. 

The PRESIDENT pro tempore. The Chair begs to repeat that on the present occasion the Chair did not ask unanimous consent any more than he did during the night on two or three occasions when recesses of ten or fifteen minutes were taken that the gentleman who occupied 

the chair at the time of the recess be allowed to resume it when the 

five minutes or ten minutes expired, the Chair thinking, right Ol' 

wrong, that there is a very visible distinction between an adjournment 

of the Senate and a suspension of the sitting of the same. Mr. MORRILL. I do not know that I clearly understood the Sen,. 

ator from Delaware. I believe, so far as my observation goes, there 

has been no appointment by the President pro tempore of any person 

to preside in his absence for more than one day. Did I understand the 

Senator from Delaware to say or intimate that there had been? 

1\Ir. BAYARD. I said that on more than one occasion there hadl 

been a recognition by the Senate, by unanimous consent, of the substitution by the Chair of a Senator beyond the time of an adjournmenL 

Mr. MORRILL. I do not understand that there has been. 

Mr. BAYARD. And such has been the fact. 

1\Ir. :M:ORRILL. I do not understand that there has been any substitution for more than one day. 

Mr. BAYARD. I did not say that. I do not state the time. ] 

said beyond an adjournment. 

Mr. HOAR. I understand that the Chair once asked unanimous con- sent in advance, and I am not sure but more than once, to designate a person for more than one day. That assent was granted. I do not 

understand that to be a recognition by unanimous consent,. but an ex- press authority on unanimous consent, given in advance. That was. done when the Chair was understood to have left the seat of Government for two or three days at this session. With that exception I 

understand the ·President pro tempore has kept absolutely within the 

rule, and bas never undertaken to designate a Senator for more than one day. When that has been done, whether a recess occurred in that 

day or whether the legislative day extended for more than twenty-four 

hours, the Chair was strictly within the rule of the Senate; and the 

authority for his act did not depend upon unanimous consent or upon 

recognition by the Senate or by any Senator, but upon the ab olute 

authority conferred by the rule. 

1\lr. BAYA.R:9. I do not care to take issue at all with thefactsta.ted 

by the Senator from Massachusetts. It is not worth while. I had not 

the slightest design to criticise the action of the Chair unfavorably or the aetion of the Senate unfavorably, but I was merely stating t befact, 

which I think appears by the Journals of the Senate, that there had 

been upon several occasions during the session about to clo e a substitution beyond the period of an adjournment. That fact appearing, l 

• 

. 
--

1884.- CONGRESSIONAL RECORD-SENATE. 6077 

wished it to be stated in connection with it that it was by unanimous 

consent so that that power should not be recognized beyond the extent 

af the ;ule. That was my object, and I think I stated it exactly. 

1\Ir. HOAR. I think the honorable Senator will find by loo1..'ing at 

the Journal that in such a case there has been express authority given 

by the Senate in advance of the substitution. 

Mr. BUTLER. That is what the Senator from Delaware said distinctly. The Senator· did not hear what he said. 

Mr. HOAR. I beg pardon of the Senator from South Carolina. I 

think he is in error, notwithstanding what he says. 

Mr. BUTLER. I think there is an error all around myself. 

The PRESIDENT pro tempore. The Senator from Delaware has the 

floor. 

Mr. BAYARD. The Senator from South Carolina happened to be in 

the Chamber when I made my :first statement and the Senator from 

Massachusetts was not, but it is not so particularly important, as I have 

explained again precisely my object, that I did not wish the fact of a 

substitution of a Senator to preside made by the President pro tempo-re 

for a period beyond an adjournment to go unnoticed, the fuct being that 

in every case it was done only by unanimous consent. 

The PRESIDING OFFICER (Mr. MANDERSON in the chair). The 

Chair thinks it due the present incumbent of the chair to say that at 

the expiration of the recess which was taken at about twellty minutes 

to 8 o'clock this morning until 3 o'clock the present incumbent resumed the chair at the =-request of the President pro tempore of th& Senate when the recess was taken, and in acoordance with the usual custom. 

l\1r. BAYARD. If the Chair pleases, I had not the slightest reference to our present meeting to-day. 

The PRESIDING OFFICER. The Chair so understands. 

M:r. BAYARD. But simply as to the history of the session for the 

purpose of preventing any misunderstanding in regard to the admission 

of powers and duties by the President pro tempore. 

EXECUTIVE SESSION. 

1\fr. CAMERON, ofWisconsin. There is someexecutivebusinessto 

be done, and as there is no l~aislative business before the Senate at present, I move that the Senate now proceed to the consideration of executive business. 

The PRESIDING OFFICER. The question is on the motionofthe 

Sen..'ltor from Wisconsin. 

The motion was agreed to; and the Senate proceeded to the consid-

"'ration of executive business. After one hour and twenty minutes 

-.;pent in executive session the doors were reopened. 

RECESS. 

Mr. CAMERON, of Wisconsin (at 4 o'clock and 35 minutes p. m.). 

As there is no legislative business to come before the Senate at present, I move that the Senate take a recess until 5 o'clock. 

The motion was agreed to; and at 5 o'clock the Senate reassembled. 

Mr. CAMERON, of Wisconsin. I understand from one of the conferees that it is not at all likely the conferees will be ready to report 

before 6 o'clock. I therefore movethattheSenatetakeafurtherrecess 

until 6 o'clock p.m. 

The motion was agreed to; and at 6 o'clock the Senate reassembled. 

ELLEN. O'BRIAN. 

The PRESIDING OFFICER (Mr. MANDERSON in the chair). The 

recess having expired, the Senate resumes its session. 

Mr. BLAIR. There was a report from the Committee on Pensions 

which was accidentally omitted. It was in the hands of the Senator 

from Nebraska [Mr. VANWYCK]. I ask unanimous consent to present it at this time. 

The PRESIDING OFFICER. The Senator from New Hampshire 

asks unanimous consent at this time to submit a report from the Committee on Pensions. The report will be received, there being no objection. 

1\Ir. BLAIR. I report favorably from the Committee on Pensions• 

the bill (H. R. 5888) granting a pension to Ellen O'Brian. I ask that 

the bill be put on its passage. 

The PRESIDING OFFICER. Unanimous consent is asked for the .consideration of the bill at this time. 

1\Ir. BUTLER. I object. 

lli. HOAR. I should like to inquire if it be the unanimous report 

·of the committee? Will the Senator state that to the Senate? 

Mr. BLAIR. I have no doubt that it is. It is a bill which I have 

been informed the Senator from Nebraska was desirous of presenting. 

'The Senator from New York [Mr. LAPHAM] and two members of the 

.House who knew personally about the case came to me a short time ago . and expressed great anxiety that it should be put on its passage. 

Mr. ALLISON. Is it a House bill? 

Mr. BLAIR. It is a House bill. It passed the House. 1\frs. O'Brian 

lis the widow of a captain who died from exposure in the service of his 

-country. They thought it would be a legitimate and proper thing to wass the bill to-day, and I consented to report it for the Senator from 

.Nebraska, who is absent. 

1\Ir. BUTLER. I object to its present consideration. 

The PRESIDING OFFICER. Objection being made, the bill can 

'!ilOt at this time be considered. It Will be placed on the Calendar. 

1\Ir. BLAIR. If in the providence of God there should be another 

opportunity to ask unanimous consent to pass the bill, I shall do so. 

[After a pause.] 

l\1r. BUTLER. The Senator from New York [Mr. LAPHAM] appeals 

to me to withdraw my objection to the consideration of House bill5888, 

~ying that it is a very meritorious case. I therefore withdraw my objection to the bill. 

The PRESIDING OFFICER. The Senator from South Carolina withdraws his objection. Is there a further objection to the present consideration of the bill? The Chair hears none. 

The bill was considered as in Committee of the Whole. It proposes 

to place the name of Ellen O'Brian, widow of Captain John D. O'Brian) 

late of Company A, Twenty-fourth New York Volunteers, on the pension-roll, at the rate now allowed by law to a widow and children of a 

captain of volunteers. 

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

a third reading, read the third time, and passed. 

LANGLEY B. CULLEY. 

1\Ir. HALE. I ask unanimous consent to call up a little bill on the 

Calendar, which is Order of Business 939. It is a bill reported from 

the Committee on Naval .Affairs. 

The PRESIDING OFFICER. The Senator from Maine asks unanimous consent to take up Order of Business 939, being the bill (H. R. 

1615) for the relief of the heirs of the late Langley B. Culley. 

Mr. COCKRELL. I do insist that we shall not go to the transaction 

of any except regular, nnaveidable, and necessary business. I do that 

with all deference and the kindest feeling to the Senator from 1\iaine. 

I do not know anything about the case; but I do not think this is a 

proper time-to consider it, and I must object. I hope the Senator will 

not insist on his request. At another time we can give consideration to 

it, but we can not do it now and I must raise the question. In the :first 

place I do not believe we have a quorum to transact business; and in 

the next place I do not think we have any right to transa~t such business as this now. 

The PRESIDING OFFICER . . The Senator from Missouri objects to 

the consideration of the bill. 

GENERAL DEFICIENCY .APPROPRIATION BILL. 

Mr. HALE. Mr. President, I present the report of the conference 

committee upon the deficiency appropriation bill. 

The PRESIDING OFFICER. The Senator from Maine presents a 

report from the committee of conference on the deficiency appropriation 

bill, which will be read. 

The Chief Clerk read the report, as follows: 

The commtttee of conference on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H. R. 7235} making appropriations to supply 

deficiencies in the appropriations for the fiscal year ending June 30, 1884, and for 

prior years, and for those cel"tified as due by the accounting officers of the Treas- ury in accordance with section 4 of the act of June 14, 1878, heretofore paid from 

permanent appropriations~_ and for other purposes, having met, after full and 

free conference have agreea to recommend and do recommend to their respect- ive Houses as follows : - That the Senate recede from its amendments numbered 5, 6, 7, 8, 9, 10, 22, 39, 

47, 4R, and 49. 

That the House recede from its disagreement to the amendments of the Senate 

numbered 19, 21, 92, and 122, and agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 11, and agree to the same with a,n amendment as follows: In lieu of 

the sum proposed in said amendment insert "SBO,OOO; " and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate 

numbered 85, and agree to the same with an amendment as follow : In lieu of 

the sum proposed insert "$70,000;" and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 86, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "${0,000;" and the Senate agree to the sn.me. That the House rect!de from its disagreement to the amendment of the Senate 

numbered 87, and agree to the same with an amendment as follows: In lieu of 

the sum proposed insert "$301,000; " and the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 101, and agree to the same with amendments as follows: In lieu of 

the sum propo ed insert "~,816," and insert after said amendment as a new paragraph the following: 

"For clerks to Senators, $27,000." 

And the Senate agree to the same. That the House recede from its disagreementtotheamendmentof the Senate 

numbered 110, and agree to the same with an amendment as follows: Restore the matter proposed to be stricken out by said amendment, and in line 8 thereof, 

after the word" subject," insert the words" excepting $5,000 thereof;" and the 

Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate 

numbered 117, and agree to the same with an amendment as follows: In lieu of 

the sum proposed in said amendment insert" lil87,500;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate 

numbered 138, and agree to the same with an amendment as follows: R-estore the matter propo ed to be stricken out by said amendment, and in line 7 thereof, 

after the word "case," insert the words "which case shall be preferred in the 

order ofthedocket of said court;" and the Senate agree to the same . EUGENE HALE, 

W. B. ALLISON, 

F. M. COCKRELL, 

Managers on the part of tM Senate. 

.,. SAMUEL J. RANDALL, JA fES M. BURNES, W. H. CALKINS, 

Managers on the part of the House. 

The PR"£giDING OFFICER. The question is on concurring in the 

report of the committee of conference. 

The report was concurred in. 
~ 

,I 

i• 

-

6078 CONGRESSIONAL RECORD-SENATE. JULY 5, 

RECESS. 

Mr. ALLISON (at 6 o'clock and 45 minutes p.m.). I move that 

the Senate take a recess until half past 8 o'clock. 

The motion was agreed to; and at the expiration of the recess the 

Senate reassembled. 

MESSAGE FROll THE HOUSE. 

A message from the Honse of Representatives, by Mr. CLARK, its 

Clerk, announced that the Honse had concurred in the report of the 

committee of conference on the disagreeing votes of the two Houses on 

the bill (H. R. 7235) making appropriations to supply deficiencies in the 

appropriations for the fiscal year ending June 30, 1884, and for prior 

years, and for those certified as due by the accounting officers of the 

Treasury in accordance with section 4 of the act of J nne 14, 1878, 

heretofore paid from permanent appropriations, and for other purposes. 

The message also announced that the House had concurred in the 

amendments of the Senate to the following bills: 

A bill (H. R. 6530) to increa.se the pension ofRichard Jobes; 

A bill (H. R. 4417) granting an increase of pension to Jacob Miller; 

A bill (H. R. 1897) granting an increase of pension to Catherine 

Hunter; 

A bill (H. R. 1042) for the relief of Mrs. Sarah Sinfield; and 

A bill (H. R. 2979) granting a pension to Nancy Ellis. 

ENROLLED BILL SIGNED. 

The message also announced that the Speaker of the House had signed 

the enrolled bill (H. R. 4985) supplemental to and amendatory of an 

act to incorporate the Mutual Fire Insurance Company of the District 

of Columbia; and it was thereupon signed by the President pro tempore. 

RICHARD HAWLEY & SONS . . 

:Mr. CONGER. I ask unanimous consent to call up Senate bill 

1170. 

The .PRESIDING OFFICER (.M:r. MANTIERSON in the chair.) The 

Senator from Michigan asks unanimous consent to take up Order of 

Business 320, being the bill (S. 1170) for the relief of Richard Hawley 

& Sons. 

Mr. CONGER. I will state that this is a claim for a refund--

The P}l.ESIDIJ.~G OFFICER. The Chair will state to the Senator 

from Michigan that he can proceed only by unanimous consent. 

Mr. CONGER. That is what I supposed. I only want to state 

what this is. . Mr. CONGER. This is a claim for a refund of $473.42, an excess 

of duties paid on the importation of malt by Richard Hawley & Sons, 

of Detroit. It has a favorable report from the Committee on Claims. 

I have the report here, and there is no doubt about the firm having 

paid the excess of duties on that importation; and the recommendation 

of the Secretary of the Treasury is that it should be paid to them, which 

requires the action of Congress. It is a very small amount, $473.42. I 

think if the report is read there will be no question about the propriety 

of the passage of the bill. · The PRESIDING OFFICER. Is there objection to reading the report called for by the Senator from I\iichigan? 

Mr. COCKRELL. Mr. President--

lli. CONGER. If it does not interfere with any other business, I ask 

the Senator from Missouri to let this come in. 

The PRESIDING OFFICER. The Senator from Michigan calls for 

the reading of the report. It will be read, if there be no objection. 

The Chief Clerk read the following report, submitted by Ur. FAIR 

March 5, 1884 : 

The Committee on Claims, to whom was referred the bill (S. 1170) for therelief of Richard Hawley & Sons, respectfully report as follows: 

The evidence before the committee shows that Richard Hawley & Sons, of 

Detroit, imported from Canada in July, 1870, three lot;s of malt, amounting in all to 6 415 bushels, or 230,940 pounds. In Canaaa an exmse tax of 1 cent per pound w~ impo ed on all malt con umed in that country; and malt.outof bond, or in the market for consumption or use, was worth 1 cent per pound more than 

malt in bond. The petitioners bought this malt in bond, and therefore the ex- ci e tax of 1 cent per pound was never paid or demanded in that country. The 

entrywi\S duly made in this case at the Detroit custom-house at the price actu- ally paid for th~ malt in Canada. . . . But it was clauned by the collector of the port of Detroit, m accordance With a decision previously made by the Secretary of the Treasury, that duty must be paid upon this malt according to its value in Canada out of bond at the time 

of its purchase, and that this value must be ascertained by adding to the price 

actually paid the excise tax of 1 cent per pound. This valuation of the collector 

increased the value of the malt., commission included, $2,367.13, and upon this 

increased valuation duty was exacted at the rate of 20per cent., or to the amount of $473.42. . Hawley & Sons paid the duties so imposed, verbally protesting against the 

exaction and declaring theu· intention to appeal to the Department. They were told by the collector that they had the right to do so, bnt that the Department 

would undoubtedly reaffirm its decision, and then read to them the decision 

which had been made by the Secretary. The United States court in Chicago, in November of that year, rendered a de- cision on the identical que tion, in a cause then pending in said court, annul- liner the ruling of the Secretary of the Treasury and in favor of the importer. Th~ court held that the price paid gave the dutiable value. This decision of the court wa thereafter recognized by the Secretary of the Treasury, and he thereafter refunded all duties so illegally collected where protest was made and ap- peal taken by the importer, but refused to refund the excessive duties collected in 

this case because no appeal 'vas taken, he having no authority to refund except 

inca esin which protest and appeal had been duly taken or failure to appeal was shown to be owing to causes beyond the control of the importer. There has never been any controversy .between the petitioners and the offi- cers of the Government in relation to the facts in this case. 

The officers of the United States have illegally collected from the petitioners the sum of $473.42, and aside from the fact that they had no right to collect, and 

the United States have no right to retain, this sum, the committee are of opinion 

that the facts of this ca.se bring the petitioners within the spirit of the remedial 

statute, and equitably entitle them to relief. They agree perfectly with the court as to the true rule for the valuation of property so imported into this 

country, and are of opinion that the money so paid into the Treasury in excess of the requirements of the law hould be refunded. The petitioners made a mistake of 22 cents in making up the amount improperly collected of them. 

The committee recommend that the bill do pass. 

The PRESIDING OFFICER. Is there objection to the presentconsideration of this bill? 

Mr. SHERl\IAN. I object. It would open a new rule, in violation 

of existing law and multiply cases without number for the courts. Ac-. 

cording to the facts as I understand them, the decision of the collector 

was made, no formal protest was made, and no snit was commenced. 

The PRESIDING OFFICER. Debate upon the bill at this time is 

not in order. 

:M:r. SHERMAN. I object to its consideration. 

1\Ir. CONGER. I\Ir. President--

Mr. SHERl\IAN. Let me be correct in the facts. 

Mr. CONGER. My recollection is that among the papers--

The PRESIDING OFFICER. Debate is not in order. Is there objection to the Senator from Michigan proceeding? The Chair hears 

none. 

Mr. CONGER. My recollection is that the matter was before the 

Secretary of the Treasmy, who was at that time the distinguished Senator who opposes this bill. His 'report was that the amount was improperly collected and should be refunded, but the Department had n() 

power to do it, and it would be necessary to come to Congress. In pursuance of that recommendation the parties came to Congress, and now 

are met with the statement that Congress can not give this relief. 

Mr. SHERMAN. Congress can no doubt pass the bill, and the Committee on Finance have cases of this kind every year by the score, and 

I do not know any case· where they have ever departed from the rule 

of requiring a formal protest in writing and the commencement of a 

suit under the law. I will state to the Senator from Michigan that 

although the case may be a hard one and error may have been committed, yet the opening of the door would cause a great deal of injury 

and a great deal of danger to the Government. Certainly I can not 

allow a bill of that kind to pass at this present stage. The Senate is. 

not in a condition to act upon it. It is legislation of importance. 

The PRESIDING OFFICER. Objection beingmadebytheSenator 

from Ohio, the bill can not be at this time considered. 

Mr. CONGER. That might be a very good reason for not passing 

the bill now, but this is a claim against the Govern.rp.ent reported from 

the Committee on Claims, and not a question for the Finaace Committee to settle as a tax that they should have charge of. 

CLERK OF COURT OF Af4BAMA CLAIMS. 

1\fr. HOAR. I ask unanimous consent to take up Order of Business 

799. 

Mr. COCKRELL. There are less than sixteen Senators in the Senate 

Chamber. There is no quorum here. We are simply insessionon the 

holy Sabbath day to transact unavoidable and necessary business, and 

I shall object to the transaction of any other business at this session. 

The PRESIDING OFFICER. The Chair will state the proposition. 

If objection is made, of course the consideration of the bill must g() 

over. The Senator from Massachusetts asks unanimous consent at this. 

time to consider a bill--

Mr. HOAR. I withdraw the request. 

The PRESIDING OFFICER. The Senator from Massachusetts withdraws the request. 

Mr. HOAR. I think there is a good deal of reason in the position 

of the Senator from I\iissouri myself. This request is one which I 

should have made yesterday if I had had an opportunity, but for the 

absence of one or two Senators who know especiallyabot;tt the caseand 

• who were employed on the Appropriations Committee all day and all 

night; but still I can make the request at another time. 

BUSINESS OF THE SESSION. 

Mr. COCKRELL. Only two bills remain for final action, the bill 

in lieu of the naval appropriation bill, which has already received the 

approbation of the House and will soon be before us, and the legislative bill, which is now under consideration in conference and a report. 

will doubtless be agreed to. It will be impossible for us to get all 

these bills compared, enrolled, and ready for the signature of the President before probably 2 or 3 o'clock or even later in the morning. In 

view of that, I shall at the proper time move that the enate take a . 

recess unti110 o'clock to-morrow. I do not makethemotionnow, but 

I give notice that I shall make it as soon as the naval bill and the legislative bill are acted upon. It. will be the understanding then that. there will be nothing tran acted but the necessary announcements, signatures, &c., in the morning so that there will be no necessity for any 

Senator to remain, who desires to go· away bef~re that hour. 

NAVAL APPROPRIATIONS. 

A message from the House of Representatives, by Mr. CLARK, its. 

Clt:rk, announced that the Honse had passed a bill (H. R. 7509)making: 
1884. CONGRESSIONAL RECORD-SENATE. 6079 

temporary provision for the naval service; in which it requested the 

concurrence of the Senate. 

The PRESIDING OFFICER. The bill just received from the House 

of Representatives will be laid before the Senate. 

Mr. EDMUNDS. Let it be read the first time at length. 

The PRESIDING OFFICER. The bill will be read. 

The bill was read the first time at length, as follows: 

Be it e-nact.ed, &c., T~at for the puryose of providing for the exf?enses of the naval service for the SlX months ending December 31:,1884, there IS hereby ap- propriated, out of any money in the Treasury not otherw!-sc appropriated, one- half or 50 per cent. of the sums of money (and for the like purposes and con- tinuing the same provisions relating thereto) as were appropriated for the service of the l:iscal year ending June 30, 1884, by the act entitled "An act making ap- propriations for the naval service for the fiscal year ending June 30, 1884, and for other purposes," appro·ved 1\Iarch 31 1883 (except as hereinafter declared), 

subject to all ~he limitations and conditiOn~ in respect to_the disbursement of the appropriations hereby made that were 1m posed by satd act and the other laws of the nited States upon or in respect to the appropriations made by said act: Providul, That notlling is appropriated by this act "for special ocean sur- veys and the publication thereof," or" for the purchase and manufacture, after full inve tigution and test, in the United States, under the direction of the Secre- taryoftheNavy,oftorpedoes adapted to nav-al warfare, or of the right to manu- facture the same, and for the fixtures and machinery necessary for operating 

the same." 

That the clause under the beading "Bureau of Yards and Docks," commenc- ing "For general Ulaintenance of yards and docks," is amended so as to appro- priate for the six months herein provided for, the sum of$110,000. That under the beading "Increase of Navy" in said act, in lieu of all the par- agraphs thereunder, and preceding the heading of "Naval Academy," there is 

hereby sub tituted the following: For continuing the work upon the three new steel cruisers and one dispatchboat, authorized by act of Congress, approved l\larch 3,1883, as follows: Chicngo, 

$349,133.45; Boston, $231,853.28; Atlanta, $231,853.27; Dolphiq, 108,660; in all, 

$921,500. The four piYot-gll:ns of the Chicago to b_e moun~ed on Clark's deflective single-gun turrets on V shields of the same weight llB ts now allowed for the mounting and armor protection of the guns: Provided, That it shall not change the contract entered into by the Government for the construction of said vessels . . For completion of steam machinery and boilers, with necessary fittings for sea service, of steel cruisers and dispatch boat, under contract with John Roach, 

a per act approved 1\Iar<'h 3, 1883: United States steel cruiser Chicago, $220,000; United States steel eruiser Boston, 155,000; United States steel cruiser Atlanta, 

$155,000; nited States dispat<Jh-boat Dolphin, 90,000; in all, ;Q20,000. For completing equipment outfits of three new cruisers and one dispatchboat, now in course of construction, t78,000. For navigation out-fit of t-he four new steel crui,sers, $30,000. For ordnance outfit of the three new steel cruisers and one dispatch-boat, 

S5oo,ooo. N otlling herein contained shall be construed as appropriating money for or au- thorizing the continuation of work upon the double-turreted monitors 1\Ionadnock., Terror Amphitrite, and the Puritan, and any unexpended balance now remaining of the appropriation contained in said act approved March 3, 1883, for engines and machinery for the said double-turreted monitors shall be cov- ered into the Treasury, except such part thereof as may be required under exi ting contracts made for the engines and machinery of tlle three la t-na ed monitors. · 

The PRESIDING OFFICER. If there be no objection the bill w 

be read the second time by its title. 

1\fr. CONGER. Before it is read the second time I should like to 

know whether this is the gradual windingupoftheNavyofthe United 

States, and whether it has got to su.ch a pass that we can have no naval 

bill at the regular session of Congress, but must have some little measure appropriating enough to keep it alive from day to day and from 

month to month. This seems to be the last effort of the opponents of 

the Navy to destroy it, and for myself I am unwilling to consent to the 

passage of any bill, or to the second reading of any bill to-night, which 

shall wipe out the American Navy at a stroke. 

I should like to know from some one why it is that this branch of 

the service is to be continued on by a measure of this kind and not have 

its place among the regular appropriation bills, and who oppose the 

passage of a regular naval bill. The countl·y has a right to know that, 

and I have a right to know it. 

I make these remarks before the second reading of the bill. I shall 

not object until I bear what may be said on the subject. 

l\1r. HALE. The Senator from Michigan and the Senate are entitled 

to know just the attitude in which this bill places the subject ofna.val 

appropriations. Of course the Senatorfroml\lichigancan, if he chooses, 

object and stay this proceeding, and perhaps stay appropriations for 

the Navy for the coming six months. 

The House and the Senate are at a deadlock on the naval appropriation bill. Each body has taken a formal vote and stands recorded 

diametrically opposed to the other. The attitude of the Senate is the 

attitude of the bod.y which puts upon an appropriation bill certain new 

clauses which it seeks to enforce upon the other House. The House of 

Representatives up0n a yea-and-nay vote and by a large majority have 

determined that they will not appropriate for the building of the new 

cflli ers which were put upon the appropriation bill by the Senate. 

There is no power on the part of the Senate to force the House to put 

those mea ures providing for the new crusiers aud the gunboats upon 

the naval appropriation bill. 

E>erybody with any experience in the two Houses realizes that. No 

matter how weak may be the attitude assumed by the other branch, 

no matter how unpatriotic it may be deemed either by the Senator 

from lichigan or by me, no matter bow short-sighted it may be viewed 

by the country, there is no power existing in the Senate to force upon 

the appropriation bill the clauses it has put on, and the two Houses 

stand in direct anta.gonism on these. This antagonism has continued 

up to to-day, and the session is waning; it must soon end. 

As a result of the conferences between the two Houses, this bill has 

been brought forth. I will explain briefly the effect of the measure. 

It gives, to begin with, aU of the appropriations of last year in proportion as to time for the next six months; that is, 50 per cent. of 

all the regular appropriations of the last year for the running of the 

Navy Department are given between the 1st of July and the lstof January next. That provides for the running of the Department. So far 

from its· " winding up" the Navy Department, it gives exactly what 

the Senate agreed to last year as necessary for running the Navy Department. . Then it takes the cruisers that are now being built, and it gives to 

them not 50 per cent. of the appropriations that Congress gave la t year, 

but every dollar necessary to complete them. Under the bill before 

the Senate the cruisers now building will be completed under the contracts which have been made for them. They will be finished, and it 

will be seen what they are and what can be done with. them and what 

new works can go on of their kind or model, or in varied models, next 

winter. 

That is not all that I hope for. It is not all that I believe itt. It is 

not all that I think it wise to do. In the present condition of the 

American Navy I belie\e that no wiser thing, no :d!.ore patriotic thing, 

no more far-sighted thing could have been done than not only to finish 

the cruisers and the ships now unde~ construction, but to go on and 

provide, as the Senate did in its bill and in the clauses that it put upon 

the naval appropriation· bill for additional ships, and that the sooner 

the United States is put into the attitude where it bas a reasonable 

naval power the better for us now and in the future. But everybody 

realizes, or should realize, that we are dealing with a co-ordimt te branch 

of the Government, and the House of Representatives put itself squarely 

upon the attitude that it would not vote one dollar for the building 

of ahy new ships this year or for the completion of the ironclads, the 

monitors, the Puritan, the Terror, theAmphitrite, and theMonadnock. 

Mr. MILLER, of California. I should like to ask the Senator if the 

bill does not repeal an appropriation made for the monitors? 

Mr. HALE. The provisions of the bill are that the appropriations 

made for the four monitors I have named are all repealed so far as regards the balances being turned into the Treasury, with the exception 

of such cases where contracts have been made for the completion of 

those monitors. That applies to three of them, the Puritan, the Terror, and the Amphitrite. No contract has been made for the Monadnook, and the share of the appropriation of last year under the bill is 

turn into the Treasury. 

. BUTLER. As to that one alone? 

Mr. HALE. For that one, I say. 

~.MILLER, of California. If the Senatorwill allowme, I should 

like to have him explain the reason for that action. The fact that contracts have not yet been made does not furnish to my mind any reason 

why the law making appropriations for completing the Monadnock 

should be repealed or the money turned back into t·he Treasury. 

1\1r. HALE. It simply leaves it in this way: that where from one 

reason or another a contract bas not been made in reference to a certain 

monitor the money appropriated is still at the disposal of Congress. 

It has not been already controlled or sent to a specific purpo e by a contract, and Congress has the right, as it bas exercised it many a time, 

to turn that money into the Treasury. That was a provision which 

the House insisted upon. 

:Ur. MILLER, of California. But while nobody will dispute the 

power of Congress, it is the expediency of the thing that we want to 

know about. I can not understand why the 1\Ionadnock, which is designed for harbor defense upon the Pacific coast, should not be completed, and why the act appropriating money for its completion should 

be repealed and the money turned back into the Treasury simply because the ministerial officer of the Government has not made contracts 

for the completion of it. 

Mr. HALE. Neither can I as a matter of expediency; and that was 

a subject argued by the Senate conferees against the House conferees 

with all the ingenuity and all the power that they had. 

Mr. BAYARD. Will the Senator permit me to interrupt him? 

1\ir. HALE. Certainly. 

M:r. BAYARD. I believe I am right in supposing that this is not a 

new law but a law that bas been on the statute-book for many years, 

that where yearly appropriations are made which have not been made 

the subject of contract they shall be covered into the Treasury at the 

end of the year, provided the money bas not been expended. It was 

not made to suit this particular case, but a general law, under which 

contracts on the Pacific coast fall. 

1\fr. HALE. That is undoubtedly true, but all the same the Senate 

conferees believed that j.t was good policy, that it was good husbandry 

as applied to the naval branch of our military establishment, to go on 

and complete the Monadnock as well as the others; but the House con- ferees and the House itself took square ground against thiS and thereby 

assumed the responsibility, and the Senate ought to see and the country 

ought to see precisely where the responsibility is. There is no power, 

I repeat, on the part of the Senate to coerce the co-ordinate branch of 

the Legislature upon new provisions put on an appropriation bill. I 

have heard that ever since I came not long ago into this body. I have 

heard it repeatedly from the veterans of this Chamber that the body 
6080 . CONGRESSIONAL RECORD-SENATE. JULY 5, 

which seeks to put upon an appropriation bill a new provision has no 

power to coerce the other branch; that it must faithfully seek through 

conference to impress its views, and if the other branch which is resisting persists in that resistance, then the body that seeks to enforce 

that must yield. I have never heard that more oftien than from the 

distinguished Senator who presides over this session of this body [Mr. 

EDMUNDS]. I presume that is the rule which obtains; and the result 

of it is that a narrow and a short-sighted and an unwise policy is being 

pursued as to our naval establishment. I do not believe in it; I do not 

defend it; I have no word to say in its favor. Everything that I have 

uttered in the course of the debate during this session has been the 

other way. ButthetwoHouses were found in deadlock, and this was 

the only emergence that we could gain. 

The cruisers now building are to be finished. That is yielded by 

the House. The regula-r establishment of the Navy as it has existed 

goes on. That.is all that we could secure. I hope and believe that at 

the next session we shall gain more. An<?ther result that is or" importance in this is that the bill which the Senate has passed and the 

amendments which it has put upon tbe appropriation bill all remain 

in statu quo, and can be taken up on the first day of next winter's session and passed if a majority can be got therefor in both Houses. The 

coRferees believe that this is the best we can do, contending as we are 

against the reactionary policy adopted by the other branch. 

Mr. MILLER, of California. Mr. President, the objection which 

the Senator from Maine states as being, in his opinion, the valid objection which the House might with propriety make against the provision for the building of the new cruisers does not apply to the matter of finishing the Monadnock. Thatisnotnew matter; itisnotanew 

provision; and if the reason of the House for refusing to agree to the 

amendments of the Senate is based upon the fact that those amendments introduce new legislation or that they are new provisions of appropriation, for that I suppose is what is contended, then I say the 

House conferees were acting without reason when they ingrafted this 

provision repealing the act which made appropriations for finishing the 

Monadnock and turning the money into the Treasury; and I do not 

think the Senate ought to agree to that. 

I think the Senate has a duty to perform and a responsibility which it 

must regard in this matter. It is perfectly evident here that the conferees on the p~rt of the House have no reason for this action, and therefore if the Senate agrees to this proposition, which is without reason and 

is inexpedient and as I believe unpatriotic, then the Senate takes the 

responsibility when it agrees to that provision. 

MESSAGE FRO:\! THE HOUSE. 

A message from the House of Representatives, by Mr. CL.A:&K, its 

Clerk, announced that the House bad concurred in the report of the 

committee of conference on the disagreeing votes of the two Houses on 

the bill (H. R. 7069) making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending 

June 30, 1885, and for other purposes. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed by 

the President pro tempore: · A bill (H. R. 6530) to increase the pension of Richard Jobes; 

A bill (H. R. 4417) granting an increase of pension to Jacob l'lliller; 

A bill (H. R. 1897) granting an increase of pension to Catherine 

Hunter; 

A bill (H. R. 1042) for the relief of Mrs. Sarah Sinfield; . A bill (H. R. 2979) granting a pension to Mary Ellis; and 

A bill (H. R. 5888) granting a pension to Ellen O'Brian. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. ALLISON. I ask the Senator from California to yield to me 

that I may call up the legislative appropriation bill. 

The PRESIDENT pro tempore. The Chair will lay before the Senate the bill (H. R. 7069) making appropriations for the legislative, executive, and judicial expen....~ of the Government for the fiscal year 

ending June 30, 1885, and for other purposes. The action of the House 

of Representatives upon the conference report on the disagreeing votes 

of the two Houses on the amendments of the Senate to this bill will be 

read. 

The Chief Clerk read as follows: 

IN THE HOUSE OF REPRESENTATIVES, Jvly 5, 1884. 

Resolved, That the House concur in the report of the committee of conference on the disagreei2g vqtes of the two Houses on the amendments oftheSenateto 

the bill (H. R. 7069) making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1885, and 

for other purpo es. 

The PRESIDENT pro tempore. The report of the managers of the 

conference on the part of the Senate will be read. 

The Chief Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate numbered 21, 24, and 25 to the bill (H. R. 7069) "making appropriations for the legislative, executive, and j ud.icial expenses of 

the Government for the fiscal year ending June 30,1885, and for other purposes," 

having met, after full and free conference have agreed to recommend and do 

recommend to their respective Houses as follows: That the House recede from 

its disagreement to the amendments of the Senate numbered 24 and 25, and agree to the same. · .Amendment numbered 21: That the House recede from its disagreement to the amendment ofthe·Sena.te numbered 21, and a.gree to the same with amend- ments as follows: In lieu of "thirty-four" insert "ten;" and after the word 

"dollars," in the amended clause, insert" for clerks to Senators, $24,000 ;" and 

the Senate agree to the same. 

L ~·f.·p~~~N, 

F. :M. COCKRELL, 

Managers on the part of the Senate. 

WM. S. HOLMAN, JOHN HANCOCK, 

J. G. CANNON, 

Managers on the part of the House 

ort was concurred in. 

.APPROPRI.ATIONS FOR THE NAVY. 

Mr. MILLER, of California. Mr. President---

The PRESIDENT pro te-mpore. The Senator from California is entitled to the floor. This debate is proceeding by unanimous consent, 

it requiring unanimous consent for the second reading of the bill. 

Mr. ~ULLER, of California. I do not desire to take up the time of the 

Senate in discussing this matter very much further. Of course all of us 

who believe that this country now exists under such conditions as render it necessary that we should provide for the common defense, and 

therefore believe that the increase and the building up of the Navy, the 

building of a new navy, is a duty which their representatives owe to 

the people of this country-those of us who thus believearenotsatisfied 

with the action of the House upon the amendments which the Senate 

J?Ut on the naval appropriation bill. We believe that the new cruisers 

which we provided for ought to be built. We believe that the monitors 

which are intended for harbor defense should be completed. In fact, we 

believe that the Government should go forward and construct a new 

navy, because at this time it really has no navy, and we can not understand the motive of the conferees on the part of the Honse. It is 

difficult to understand how any American citizen can view this matter 

otherwise than we view it. 

I recognize the fact that it is not within the power of the Senate to coerce the House, it being a co-ordinate branch of the legislative department of this Government; but I do believe that the Senate has a right to insist that the country be put in a condition for its defense, that 

the Senate has a right to try to secure for the United States a navy that 

will give it some standing among the powers of the world. 

I do not know how heartily and how actively the conferees on the 

part of the Senate have contended for these propo itions. I suppose 

they have done their whole duty. But in the matter of the Monadnock, 

which is the only hope we have upon the Pacific coast for naval defense, 

if they have consented to the provision which appears in this new 

bill I do not believe they have considered the subject as fully and as 

carefully as they should have done. It is not satisfactory to me and I 

am sure it will not be satisfactory to my people. I am ready to stand 

here and contend with the House upon that proposition alone, and I do 

not care how long we stand here and how long we contend; I am ready 

and willing to stay here until it is rendered certain that we can not 

convince the House that they should agree to our proposition. 

l\Ir. CONGER. Mr. President, it seems that in this bill there is a provision made for keeping up the naval organization, to pay officers, 

pay clerks, and run the machine, but everything that looks toward 

building up a navy or making it efficient, everything outside of the 

simple organization of the corps with its assistants and its clerks, seems to be struck out of this bill except the few items read. 

Mr. HALE. The Senator does not of course wish to misrepresent. 

Does the Senator bear in mind that this bill carries with it 2,100,000 

for finishing the new ships that are now being built? That is in ad 

dition to the regular naval establishment; that we can not get with 

out the consent of the House, and that is in this bill. 

:hir. CONGER. That is mentioned by items in this bill; but aside 

from what is presented here there is a prohibition upon doing anything that is useful. It has been the cry upon the Democratic side of 

the House so long that I can not tell when it first began to ring in my 

ears that no navy was necessary, that we could protect our coast, we 

could protect our harbors, with torpedoes, and the Senator from South 

Carolina [Mr. BUTLER] has made eloquent speeches here oR the subject of torpedoes and the protection and the defense of our rivers by 

means of torpedoes. . 

Mr. BUTLER. Never in my life, Mr. President ; the Senator is 

mistaken . . 

l\Ir. CONGER. Well he ought to have done it then. [Laughter.] 

r .mustsay that I find unexpectedly be has been negligent of his duty 

even in that respect. [Laughter.] Here is a provision in this bill 

that prevents the use of the money which has been generally annually 

appropriated for special ocean surveys and their publication, for the 

benefit not only of the naval service, but for the benefit of our merchant marine and for the benefit of commerce and of navigation. Is 

it possible that the two bodies disagree upon such a measure as that, 

and strike it out of the bill by a special clause: "Provided, That nothing is appropriated by this act for special ocean surveys and the publication thereof? '' 

That is going back very rapidly, receding from all we have been doing 
, 

1884. CONGRESSIONAL RECORD-SENATE. 6081 

for years; and, as if there was a special effort to destroy the efficiency 

of the naval service, almost everything useful in that direction is 

stricken out by this bill. And the next clause is: '' Or for the purchase 

or manufacture, after full investigation and test in the United States, 

under the direction of the Secretary of the Navy, of torpedoes adapted 

to naval warfare, or of the right to manufacture the same, and for the 

:fixtures and machinery necessary for operating the same." 

Sir, the Democracy have lingered on torpedoes for years. Whether it 

is because they did not dare attack themr whether it is because they 

did not dare attempt remove this scheme of harbor defense from our 

system by attacking torpedoes for fear they would blow them up, I can 

not tell. The representatives of that theory, those who have defended 

the torpedo system, blazoned it forth as the only means and the proper 

means for safe, peculiar, home defense. If the Senator is right, even 

they have turned and repudiated the torpedo-defense system and refused to make any more torpedoes. 

We have no ships upon the ocean; we have no ships in our harbors. 

It has been said here repeatedly that we have no means of aggression 

abroad and we have no means of defense at home; and the excuse that 

has been given by Senators now in this presence for refusing· to appropriate for building naval vessels has been that in the present condition 

of the country, while naval machinery and naval vessels were being 

substituted by new kinds, it was enough for us to sit upon the banks 

of our harbors and our rivers with the wires of electric machinerv and 

touch off torpedoes to scare the world with Chinese fireworks: and 

gongs, and torpedoes. That has been the great foundation which the 

Democracy has proposed for the defense of the United States against 

the aggressions of the world. And now, unless our own committee 

have failed in their duty, a Democratic House has refused even to continue to us that quiet, pea,ceful, Sunday kind of defense, manipulating 

' the wires on shore to blow up approaching vessels on the water. That 

is taken away in this bill. 

No more vessels, no more guns, no more warfare; even the frightening noise of the exploding torpedo is to be taken away from our adversaries, and they are to be allowed to come up peaceably to our harbors and to our cities. Sir, one would think from reading this bill that 

thedayhad come when the lion is lying down with thelamb, andfrom 

the greenness of this proposition one would almost think that theywere 

eating gras8 together. [Laughter.] That is a part of this substitute 

for a bill carefully prepared. 

Mr. HALE. Not a substitute. 

Mr. CONGER. It is a substitute for the bill which we have been 

considering for weeks and months here. It is a little, paltry, diminutive substitute for a bill that had some meaning, had some object, was 

somewhat worthy of the Congress of the United States, gave some hope 

for the future strength and position of our country on the ocean and at 

home; and this is the result! Something has labored, and a mouse is 

brought forth in this bill. 

Now, I do not a,ccept the proposition that because the House of Represen tati ves, whatever may be the political character of that body, shall 

be able to control the destinies of this country by refusing to make appriations, the Senate, a co-ordinate body, a coequal body, authorized 

by the Constitution of the United States to make amendments. to any 

bills for revenue or for appropriations, although it may not originate 

them under the constitutional power given to it, is to be deprived if 

the other House neglect all the duties which patriotism and propriety 

dictate and require, is to be prevented from attempting to do what the 

honor and the interest of the Republic may demand. 

But suppose weare reduced to that condition that a mere rule adopted 

is to be invoked to prevent legislation for the good of the country, not 

a constitutional provision, but a mere technical rule that can be adopted 

to-day and changed to-morrow, is to be invoked and to be insisted upon 

to prevent all the legislation which a great and glorious country demands for its progi'ess, for its honor, for its defense--if we are to be reduced to that by having-adopted some rule, where are we? We do not 

stop with the humiliation, we do not stop with the infinite degr~dation 

which comes upon the Senate and upon the country by the enforcement ofthatrulein regard to appropriations for the Navy. 

The House has sent us a bill striking out, as I have read and said, 

the usual appropriations even .for defense under the torpedo system; it 

has made meager, limited appropriations for continuing the work 

which wehave already begun; but the infinite humiliation ofthisbill 

before the country1 the infinite humiliation of every man who supports 

this bill, consists in the fact that it goes beyond what any rule requires, 

goes beyond what any constitutional or legislative provision imposes, 

and it declares that appropriations which a more patriotic Congress has 

made, that appropriations which a more enlightened Congress has 

made, to build up the Navy and to prepare the vessels which we have 

already builded for actual service, that the money heretofore appropriated for that purpose shall be returned into the Treasury and that the 

work shall cease. The last clause of this bill, the winding up part of 

this splendid preparation, is as follows: 

-othing herein contained shall be construed as appropriating money for or uuthorizingthe continuance of work upon the double-turreted monito1-s 1\Ionad- nock, Terror, Amphitrite, and Puritan; and any unexpended balance now remaining of the appropriation contained in said act approved 1\Iarch 3, 1883, for engines and machinery for the said double-turreted monitors shall be covered 

XV-.-381 

into the Treasury, except such part thereof as may be required under existing contra<lts made for the engines and machinery of the three last-named monitors. 

It does not even except contracts made for the Monadnock. 

Mr. HALE. There are none. 

Mr. CONGER. If that is not a complete surrender on the part of the 

Senate if it adopts the bill, not only of any right to make amendments to the bill, but a surrender of its right to maintain that appropriations heretofore made, that appropriations which are now daily being expended, shall be used, I do not now what is. I characterizethat 

last proposition as a disgrace to the American people. I characterize 

it as a shameful abandonment of the policy which by the voice 'Of both 

Houses had been inaugurated and commenced in regard to finishing 

those four vessels, which have lain on the docks or in the water for the 

last fifteen or twenty years for lack of appropriations to complete them 

and prepare them for service in the defense of the country. 

Now, sir, with such a view of this bill I can not see how it can be 

my duty or the duty of any other member of the Senate who desires 

well for his country, who desires the building of a navy, who desires 

to promote the honor of the nation, who desires to prepare for its defense, or, if the case must be, for its aggression, to consent if by a parliamentary power he can prevent the progress of this bill by objecting 

to its second reading, or how he can excuse himself for permitting it 

to go on. 

It was with that view that I desired to have some explanation before I did make that objection. I thought probably there might be some 

excuse offered, some reason given, not the reason of passion, not the 

reason of prejudice, not the reason of difference between the two Houses, 

but some reason that should appeal to the judgment, to the patriotism, to the common sense of both branches of Congress as well as of the 

whole country, why this little paltry substitute was brought in at this 

last hour of the last days of the session to put ijbe final seal of destruction upon the American Navy, once glorious, World-renowned, grand, 

now sunk so low by the neglect of Congress that it has scarcely a voice 

to defend it here against the attacks of such bills as this. Mr. President, I think this bill should stop here. I think the bill 

which was prepared in this Congress should be further considered. 

There can not be any more yielding in that bill than has been yielded 

in this, that I can see. If it is to be yielded at all, let it be yielded in 

the regular appropriation bill. Let us confess in our regular bill that 

we can not get up a naval appropriation bill, one of the annual regular 

appropriation bills, which can be passed by the two Houses. 

Let the differences come. Sir, if we adopt this bill, then I and every 

Senator on this floor assume and take the responsibility in common 

\vith those of our Democratic friends who oppose building up a navy at 

all, of crushing out a navy; and I am not willing to take that position. 

Let us stay here. The weather is not uncomfortable. The wanderers 

will return. The excitements ofthe coming week will have exhausted 

the elements of hostility~ and reason will again resume its power. Let 

us stay here, sir, for the honor of the country, for the defense of our native land. Let us stay and endeavor to see if there is not wisdom and 

saga,city and patriotism enough in the members of the two Houses of 

Congress to still preserve for our country a navy, growing, increasing, 

becoming from year to year more what the nation demands. 

I consider it to be my duty in view of the provisions, and especially 

of the last provision of the bill, to object to its further consideration. 

The PRESIDENT pro tempore. The Senator from Michigan objects 

to the seoond reading of the bill at this time, and it goes over until tomorrow. 

Mr. HALE. Will the Senator withdraw his objection for a moment? 

The PRESIDENT pro tempore. The whole debate proceeds by 

unanimous consent. 

Mr. CONGER. I will withdraw the objection. 

The PRESIDENT pro tempore. If there be no objection theSenator 

from Maine will proceed. The Chair hears no objection. 

:Mr. HALE. I do notmean nowat this late hour to be tempted into 

any long speech. I only wish to address a few sober words to Senators. 

1\1y own action in this case is subject to the action of any committee 

or of any person who has tried to give long and faithful labor to one 

subject. I may say, I hope without any imputation of vanity or egotism, that to some degree I dedicated myself at the beginning of the . winter to the work of building up the American Navy. I have fought 

for that early and late; as some Senators believe, in season and out of season. 

The Committee on Naval Affairs reported tbe bill for the additional 

new cruisers, gunboats, and torpedo-boats, and fought it through the 

Senate and sent it to the Hoose, and the HouseofRepresentatives con~ 

signed it to the grave of obscurity and silence and refused to consider it. 

The PRESIDENT pro tempore. The Senator from Uaine will refrain 

from any allusion to the proceedings of the House of Representatives 

except as reported from a committee of conference. 

Mr. HALE. I shall endeavor to keep myself within the rules. 

The PRESIDENT pro ternpo1'e. The Chair feels it to be his duty t o 

enforce the rules. 

Mr. HALE. I am very glad to be admonished by the Chair, and I 

shall endeavor to keep within the rules. 

The Committee on Appropriations afterward authorized and deputed 
6082 CONGRESSIONAL RECORD-SENATE. JULY 5, 

me to report the same provisions upon the naval appropriation bill for 

the additional cruisers, gunboats, torpedo-boats, and the ram provided 

for in the bill to which I have alluded. The conference reports already 

made show that the bill went to the House; that those provisions were rejected; that it came back and a new coqference was appOinted; that 

a seoond report has been made in the House of Representatives and, is 

ready to be made here showing a total disagreement, the utter impossibility of forcing upon the House these provisions. Under these 

conditions, little as it is, paltry as it is compared with what I had 

hoped to gain, I believe the best thing that can be done for the intetests ofthe American Navy, considering the attitude that the House of 

Representatives has deliberately taken as shown here, is to accept this 

bill. 

It is meager, it is inadequate, it is paltry; and the respOnsibility is 

not here, but is there. However the bill is not without its consolations; 

it is not without its remunerations. Any Senator may rise here at this 

late hour and by a single objection con~ign the bill to the table of the 

Secretary, where it may know the sleep that has no waking, and nothing 

will be done. I can offer nothing that will dissuade a Senator, if he see 

fit to do that; but let him bear in mind that the result of the bill presented here gives every dollar needed for the running expenditures of 

the Navy; that it gives every dollar needed for the completion of the 

ships now being built; that the 50 per cent. clause does not apply to 

that; and in addition to that it leaves all the work that the Senate has 

done upon the bill which it has matured lying in disagreement between 

the two Houses, so that on the first day of the next session it may be 

taken up and a conference COJ;D.mittee appointed anew, and perhaps our 

proposition passed at once. 

What will happen if we go again into conference, if we take up, as 

the Senator from Michigan urges, and as he can compel us to do by his 

single objection, the naval appropriation bill? We can not get a dollar 

for the new crui ers, we can not get a dollar for the monitors, because 

the House has taken its attitude upon both. What are we obliged to 

do? Strike them off and consign them to the tomb, and pass a naval 

appropriation bill with not a thing in it that is not in this bill; and all 

the work that has been done in reference to the new ships which we 

put on .the regular naval appropriation bill goes for naught, and we 

shall have to begin de no,vo. That has been saved by this -bill. All 

that will be before the Senate and the House of Representatives the 

moment they meet in December, and I estimate that as no light thing. 

I estimate the difference between taking the bill already prepared 

through the two Houses and in conference for the additional new ships, 

cruisers, gun boats, torpedo boats, and ram, ready for another conference 

committee, and, on the other hand, having to begin again and go through 

the slow and toilsome process of a report to be brought in here, as being 

very great indeed. 

I say again that this bill does not suit me. It is to me a very inadequate response for the labor and work which some of us have put into 

this great and important subject; but I can nqt ignore the fact that we 

are dealing with a co-ordinate branch of the Government that has the 

power of restricting everything that we do where we seek to put it upon 

an appropriation bill. We have done the bcs t that we could do, little as 

it is; and now I have only to say that if any Senator chooses by his 

single o"Qjection to stop the bill and consign it to the table of the Secretary, the responsibility must rest there. Nothing out of this (as I 

believe from having been a participant in the conferences) will come . 

that will gain to us one thing not gained in this bill, and we shall 

lose immea ura.bly. That is all I can say, and I lea>e it there. 

Mr. B.A.Y.A.RD. 1\lr. President--

:Mr. HO.A.R. I desired to address a question to the Senator from 

Maine before he sat down. 

The PRESIDENT pro tempore. Does the Senator from :pelaware 

yield? 

1\fr. B.A. Y .A.RD. Certainly. 

Mr. HO.A.R. I suppose it is the Jaw of our popular form of government tlk'lt we can ha>e no such thing as public secrets either from our 

own people or other nations. Therefore I suppose there is no objection 

to answering the question that I am about to put by the reason of the 

fact that it will disclose om weakness to anybody. I should like to 

ask the Senator from Maine, so long during this session the acting 

chairman of the Committee on Naval.A.ffairs, if it be true, as I have 

been assured by a naval officer of high distinction, that there is nothing in the torce at the command of this Government to-day which 

would prevent any fourth or fifth rate power on earth, either of the 

smaller South · American states, as Chili, from laying San Francisco 

under contribution? 

1\Ir. H.A.LE. I confess with a sense of shame and mortification not to 

be denied that the condition of the American Republic to-day, whether 

menaced by a first or a second or a third or a fourth rate power, is such 

that no· patriotic citizen can reflect upon it or acknowledge it without 

the deepest humiliation. There is nothing whatever to prevent Chili 

or any South American power which has in its possession and at its 

control a second or third rate ironclad from steaming along the Pacific 

coast and laying our towns under contribution, and burning and destroying, if so it eems proper and right in their will, the metropolis 

of the Pacific coast. 

As to the completion of the contract for the 1\Ionadnock, it ought to 

have been done, but a year ago the Senate put an amendment upon the 

appropriation bill to completethefour ironclads. TheHouseconceded 

it. The Secretary of the Navy went on and was able to make contracts for the completion of three of them upon this coast, but he could 

not make what he deemed a ~e and judicious contract for the finishing of the .M:onadnock in California. The persons there who are 

able to make contracts to complete the 1\Ionadnock were not ready to 

come in and make the same provisions and the same contract that parties upon this coast were willing to enter 'into. The Secretary of the 

Navy found himself confronted with a different condition there from 

here, and that left the appropriation open to Congress. The House of 

Representatives, seeing that condition, exercised what was its right and 

insisted and ''took advantage of it," to use the phrase of the Senator 

from New Hampshire, and turned that money by this provision· into 

the Treasury. · 

1\fr. MILLER, of California. They turned it into the Treasury by 

what provision? 

Mr. H.A.LE. By the provision that they insisted in putting on this 

bill. 

l\Ir. MILLER, of California. The bill here? 

Mr. H.A.LE. The. bill here, and all through. Let me answer the 

Senator further right here. I say the House of R:epresentatives in the 

original appropriation bill, when they initiated this subject, showing 

that it was done with forethought and deliberation, and I may say with 

malice prepense in the bill--

The PRESIDENT pro tempore. The Senator is not in order. 

1\Ir. H.A.LE. I ask the pardon of the Chair. I shall refer simply to 

what is shown on the record. 

The PRESIDENT pro tempore. The Senator can not proceed without permission. The Chair thinks it is his public duty to preserve 

decorum between the two Houses. 

Mr. H.A.LE. I am not here to abuse the House. 

The PRESIDEJ\TT pro tempore. The observations of the Se:tiator in 

respect of t.he House of Representatives are entirely out of order in the 

opinion of the Chair. 

Mr. HALE. I am not here to abuse the House of Representatives. 

The PRESIDENT p1·o tempore. The Senator can not pro.ceed without consent. 

Mr. SHERMAN. I move that the Senator from Maine be allowed 

to proceed. 

l!Ir. HALE. I shall await the decision of the Chair and the action 

of the Senate. 

The PRESIDENT pro tempore. The Senator from Ohio moves that 

the Senator from l\Iaine be allowed to proceed in order. The question 

is on that motion. 

The motion was agreed to. 

The PRESIDENT pro tempore. The Senator from Maine will proceed. 

Mr. HALE. The House of Representatives in the bill that is beforethe Senate put in the provision that is in this bill devoting the surplus. of that appropriation to the Treasury generally, by turning it in or reappropriating it in another form. 

Mr. MILLER, of California. Now I wish to ask the Senator, if he, 

will allow me, if it is not the law that appropriations for the Navy stand. 

for two years, and whether this is not an existing appropriation a>ailable now if we do not pass this act? 

Mr. HALE. I doubt it very much. The law in reference to turning appropriations into the Treasury, as the Chair under tands, >aries 

upon different subjects-matter, but where an appropriation is made fora specific purpose and no contract is made in certain cases, it expires. 

at the end of one year; and I am not certain----;-! have not looked at this 

particular thing on that point, for that has not been called to my attention until now-I am by no means certain, but it is my impression 

that it expires at the end of one year and goes into the Treasmy, whereno contract is made. That point I do not discuss. 

The House of Representatives in the original bill took ground in favor 

of turning this money into the Treasury because no contract had been 

made; and s~dily, persistently, it has ever since maintained that attitude, as shown in the different votes. I wish it were otherwise. It 

ought to be otherwise. The appropriation ought to be left another-

·year. I do not know whether the Secretary of the Navy could make 

a contract. He has tried for a year. If he had met with the same response that he did in the East, he would have made a contract and this. 

money would have been put out of danger. I do not know that he can do it in another year: He has tried his best and wanted to do it and 

he could not, and the fund was left there, and the House of Represent--

atives has seized it. That is all I can say. I leave it entirely to the 

Senate. 

l\fr. MILLER, of California.. I want to ask the Senator whether 

the courtesy between the two Houses is such that we are in such a condition that it would be proper for the Senate to amend this bill which 

the House have sent here. Suppose we were to strike out this clause 

in relation to the monitors or the Monadnock? 

Mr. HALE. Undoubtedly if the bill is before the Senate it is open 

to amendment1 and the Senate can do what it pleases with it; and if" 
1884. CON-GRESSIONAL RECORD- SENATE. 6083 

it· can be improved, if it can be sent back to the House and the House 

can take any position there that by its concession will help the bill, I 

• bid that movement Godspeed. I have not as much hope from my experience already in the conferences and in the attitude of the House as some Senators have; but if anything can be done that shall help forward this work of rehabilitating the American Navy, it has of course 

my hearty SJ,Dlpatby and support. .1\Ir. PLUMB. The Senator spoke with considerable feeling about 

the humiliation with which he viewed the fact that the Republic was defenseless against even a third-class power. I ask him if it is any more defenseless to-day than it has been during all the other dn.ys of 

the last fifteen years. Mr. HALE. No, it is not; but to me it is as plain as the light of 

the sun in daytime that the American people are approaching n. different epoch in their history as a nation. The man who supposes 

that for the next ~enty-:fi.ve years America can go on in the ca.reless 

and reckless and undefended condition that she has for twenty-five 

years, that she ron go on without any relations that involve her with 

foreign powers, and that she will not need the strong arm of a re pectable navy, is to me blind, is to me strangely and deplorably blind. 

If there is any one duty that now presses upon us as a people it is 

to put ourselves in a condition with a respectable navy where by the means and the influence of that navy we may prevent war and not invite it. We are open and defenseless and liable to war because we haYe no means of defense; and every year in the future the questions that are arising will add to that danger. That is my answer to the enator 

from Kansas. 

Mr. HOAR. May I ask the Senator, before he leaves that point, if it 

be not true that the other powers have been increasing their means of 

attack all this time, and fifteen years ago while we had our present means of defense was not the state of the naval powers abroad very different from what it is now? · Ur. HALE. Undoubtedly; and all that admonishes us still more that we ought to be up and doing something in this direction. We 

have gained undoubtedly by the experiments which have been made 

by other powers, by the lavish expenditures they have made upon experiments that have many of them proved useless, and we stand to-day 

at the parting of the waves, where we must either decide to remain defen eless, open to the attacks of everybody, or to put ourselves in an 

attitude where we can maintain a dignified position with all the great 

powers of the globe. 

Mr. PLUMB. I agree with the Senator from :Maine entirely in regard to the propriety o~ having a navy; I ha"Ve voted with him on all 

the occasion..q when that question has been before the enate; but there 

has been during all the time the Senator has been truggling to have 

this construction of a navy undertaken an apparently irreconcilable difference of opinion between the Senate and the House, both as to methods 

and upon the general question as to whether anything should be done 

at all. The Senate is no more responsible than the House for the present condition ofthings, and itisnot omuchresponsible, becauseithas 

endeavored to do som~thing which the House of Representatives has 

not been willing to con ent to. That has not been alone the characteri tic of the existing House of Representatives, but it was the characteri tic also of the last House of Representatives. The naval bill as it came to the Senate from the bands of the last Hou e of Representatives, 

which was a Republican House, contained no provision whatever for 

any new ships of the Navy or for the continuation of the construction 

of the monitors. Both the provisions which were put upon the bill 

last year were put upon it by the Senate and were stoutly resi ted by 

the House, and only yielded after a long controversy. 

I only speak of that to show that the popuJar body bas for some reason or other felt itself in tructed to oppose anything which would look to 

building up the American Nary, and that bas been no more conspicuous, I think, in this Congress than in previous Congresses, whatever 

their politics may have been. That does not., in my judgment, qualify 

the duty of the enate at least to make the attempt, and when the attempt has been tnade and bas been met as it has been met heretofore, as the Senate ha done what it deeemly and considerately ought to do 

to enforce its opinion upon the co-ordinate branch of Congress, I think 

the duty of the Senate is at an end. 

I do not belie"Ve that we can assume for the purpose of maintaining 

this session during the summer months or for any considerable period 

of time, that we know better w bat the country wants than the House 

does, that we are more considerate of the national honor or the na,- tional defense than the Hou e is, or that we have any more responsibility in regard towhat shall be done in a legislative way with relation 

to this very important question than the House. Therefore, it seems to me that we ought to be considerate of the wishes of the House and 

of their determination, and having insisted up to the point of a disagreement which is seen to be absolutely irrevocable and final, our duty 

in the premises is done. We are not the only guardians of the American Republic or of its honor or its well-being; we alone are not concerned 

in regard to matters relating to its defense, but we share that with the 

Executive and with the other branch of Congress. We have done our duty, not all of it, but we have at least made an effort in the right direction. 

We have tendered to the House a bill which would effect a su bstantial improvement of the Navy, provide some means for the defense 

of our coast, and the genera-l advancement of the commercial and other 

interests of the Government and of the people. That has been rejected, 

after a long and erious controversy in which the differences have developed as irreconcilable, and the protracting of this session to-day and 

to-morrow and next week and the week after and the month after will 

not, in my judgment, bring the two Houses any nearer together. I do 

not believe that any public business is to be advanced by the continu- ance of the session. I do not belie"Ve that it will be expected of us that we shouJd do it-thatwe should engageinahopelesscontroversyabout one single feature of all that has been presented in reference to the an- nual appropriations for carrying on the Government. Believing that, 

I agree that this bill, amended if it can be so as to make it less objectionable, but in orne shape, this bill shouJd be passed. 

Mr. BAYARD. Mr. President, I apprehend the function of an appropriation bill is to upply money for the branch of the public service 

to which it relates, and the naval appropriation bill by its title fully 

explains the object for which it was introduced. It is to .find sufficient money to maintain the naval establishment of the United States, to 

pay the officers and seamen, to protect the Navy and keep it in proper 

condition as it exists. I understand from the honorable Senator who 

has the bill in charge, who not only is an e:fficien~ member of the N<~>val 

Committee, but i the member of the Appropriation Committee to whom 

this _bill has fallen, that the full expenses and all the needs of the Ameri- can Navy, and all the contracts which have been entered into for its 

construction and maintenance, are fully provided for by this bill. Is 

that or is that not so ? . Ur. HALE. My attention was diverted; I did not quite hear the 

Senator's question. lt1r. BAYARD. I will repeat my statement. I understand that this 

appropriation bill provides for the full maintenance of the American 

Navy upon its present footing and establishment, and provides also 

money for the ful:fi.llment of all contracts which have been entered into 

in regard to "Vessels. 

Mr. HALE. It does in all essential particulars. There are some little matters left out, but in all essential particulars it does. 

Mr. BAYARD. Very well. Then we bavetheanswerfrom the most 

authoritative source that this bill fulfills its functions and the Navy is 

provided for. Now, I bold this to be the truth, a very fundamental truth 

in legislation in our country, that the two Houses of Congress as a 

primary duty must provide for the mainrenance of the American Government and that they are not to allow their differences of opinion as to policies, as to new features of law, to stand in the way of the prompt 

and full performance of their .first and primary obligation, and that is 

the maintenance of the Government and .finding money for that purpose. 

But, :Ur. President, the Senator from Maineis, as we know, an able, 

industrious, and faithful member of many committees of this body and 

especially of that on Naval Affairs. I bear willing testimony to his 

intelligence and to his devotion to the service; but by no means do I 

yield the palm to him of any superior zeal or any stronger desire to 

make that branch of the service efficient to many of his coadjutors on this floor. The Senator from Maine introduced early in the session a bill to recommence the construction of a navy that bad passed out of 

sight. If 379,000,000 of the public money have been spent from 1865 

to this day and we have no navy, let those who spent the money ac- count to the people who owned it. But whether they shall account or not, whether their acccount shall be satisfactory or not, is not the question for us to-day alone. I is by our votes and by our action to supply 

deficiencies, if there have been, in ability or character or fidelity or bonestyoranything else that goes to make up proper an.d efficien"'tpublic service. 

Therefore it was when the Senator from Maine presenred his plan for 

building six new cruisers be found in the Senate no readier a sistanc&. 

than he found upon this side of the Chamber, and he will readily admit that. He nods assent, and it is but a very simple statement of the 

truth. I was one of those, with many of my associates around me, who 

believed the time bad come when all the experimental departures in 

naval architecture and armament which had been tested at the ex- pense of other countries should be availed of by our own, and that no longer should we delay a work that bad been made necessary; I say 

not now from what cause made necessary. This is neither the time nor the hour nor the day for recrimination or otherwise of a partisan 

character. I say that the time had come when the recomm.encement and res- toration of the American flag, both commercially and armed, upon the 

high seas should have begun. Therefore it was that I ga-.e an early 

and n. willing vote for the six cruisers. I "Voted for the money to .finish 

the four for which contracts bad already been made. I voted for granting the money to finish the four double-turreted monitors which by 

the action, not of Congress, but of 1\fr. Thompson, the Secretary of the 

Navy, and of :Mr. Haye s administration, were arrested in the course of their constructjon and stopped from that day until two years ago. It was no act of Congress that arrested the completion and armament 

of those four double-turreted monitors. It was the act of an incom-

' 
6084 CONGRESSIONAL. RECORD- SENATE. JULY 5, 

ing Secretary of the Navy, who declared that he did so because of gross 

maladministration that had preceded him. 

Now, Mr. President, this bill stands, as I understand, upon two points 

of difference, from both of which the Senate have receded: The one ingrafted upon the appropriation bill the project for the construction of 

the six cruisers which was the subject of a separate bill passed by the 

Senate by an overwhelming majority and sent to the House. The other was complained of by the Senator from California [Mr. MILL.ER], that 

the contract for completing the Monadnock, one of the four double-tur-

.reted monitors, had not been provided for. 

Before me lies the public law of the United States which has been 

in force forsome thirteenyears-itwas passed in 1871-whichprovides 

-that where the expenditure of money has not been contracted for for 

the object for which it was intended, for the fulfillment of contracts 

properly made within the year, the balance shall be carried to the sur- plus fund in the Treasury. Why is it that contracts have been made 

for the completion, the armament, and the fitting out for sea and for 

;service of three of these monitors and not of the other? Why that 

has been I know not, but so it seems. It has certainly been the om.is- ·Eiion or the commission of the Department in charge, but with that ·Congress has nothing whatever to do. Here stands the general law, 

passed for a general and wise policy, not to allow appropriations made 

from year to year to be left over and to be held undistinguished in the 

.hands of the Department for which they were made. It seems to me, 

with all due respect to the other branch of Congress, that unless they 

:have repealed the act of 1871 they scarcely could provide money for · .a contract that was not yet made. But I believe the fact still stands, 

that there are three of these vessels under contract for which the full 

money and the full amount necessary for their completion has been 

-provided by this bill. 

But the other point is whether it is wise and proper for the Senate to 

:insist upon a feature of general legislation attached to an appropriation ~oill, and which everyman who hears me knows cannot be referred to the 

. appropriatecommitteeoftheHouse, towhichitshouldbesent. Inother 

words, proposing to build a navy, the Senate has so legislated that the 

.appropriate committee of the other branch of Congress can not examine 

the proposition submitted to it. 

Mr. HALE. Will the Senator allow me there? 

1\fr. BAYARD. Certainly. . 

~Ir. HALE. The precise provision that the Senate incorporated on 

the naval appropriation bill tor the construction of the additional ships 

was sent to the House of Representatives in a separate bill months before the appropriation bill, was there referred to the House Committee 

on Naval Affairs, and has slept there ever since. So that the House 

committee has had months to mature the measure. 

Mr. BAYARD. That is precisely the case. I endeavored to state 

that fact as distinctly as I could. I said that I had assisted in the passage of the bill which had been sent tothe House, and there, I take it, 

the function and the power of the Senate ends. But it pleased the Senate to proceed to legislate in the way I have described, and I do here 

reiterate that an appropriation bill containing this separate, distinct 

feature, which is of a general nature in legislation, bas be~n incorpora.ted upon a bill that can not under the rules of the Senate and House 

be referred to the Naval Committee. 

I will agree that a separate bill containing the same matters had been 

referred to them; and it was aquestionsimplyofjudgment, aquestion 

of responsibility, for which each House must stand before the country 

to answer in its own way; but there is no power and there will never be a power in this country, I trust in God, to enable one man to coerce the judgment and the conscience and the .responsibility of the other. 

The American people did not deposit their power in a single House. It 

stand::; in two independent Houses, and they again subject to the check 

of the Executive. 

Now, I mean to say that this amendment ought ·never to have gone on thisappropriation bill. I have heard the Senate Chamber ring with 

denunciation of the proposition to ingraft general legislation on Army 

and Navy appropriation bills. At this very session the Senate bas re- sisted, and properly resisted, the ingrafting of general legislation upon a bill for the payment of the sundry civil expenses of the Government, a most meritorious amendment, an amendment intended to abate extortions and oppressions by the commissioners and clerks and officials of 

the judicial branch in many of the Southern States. That amendment 

contained seeds and suggestions of genuine reform, but I and others 

joining with the majority in the Chamber voted that it was improper 

to have associated an amendment containing reforms, however wholesome, on a mere bill of appropriations, and the Senate has refused to 

assent to that provision, and the House has withdrawn and conceded 

that the Senate was justified in that act. 

What is now the case? The Senate is asked now precisely to adopt 

the same rule of legislation in regard to this appropriation that it insisted upon in regard to an amendment incorporated by the House upon one of its bills. I do not say an amendment, but a change in existing 

law sent here under the forms of an appropriation bill was rejected by 

the Senate, and the same ground and the same reasons that would urge me to vote to reject the House action urge me to-day to vote to reject 

the Senate adion; and I for one desire to .say that the Senate has done 

well in receding from its amendment, and I will say further the amendment, in my judgment, ought never to have gone upon the bill. 

The Senator from Maine has accomplished, I think, all that was his 

duty to do when he presented the separate proposition of an increa e . of the American Navy under the form of a bill properly passed in this 

body for the consideration of the House of Representatives. After it 

passed from us we had no control of it. The merits or d erits of the 

bill were no longer for us to consider. 

Mr. HALE. The Senator will bear in mind that the Senate has not 

receded from its propo ition to the naval appropriation bill. That bill 

is left precisely as it stood. It stands between the two Houses with 

the Senate amendment upon it, and this bill does not put the enate 

in the attitude of receding, but this bill is introduced independent and 

lets all that subject go over to the next session with the Senate amendment upon the appropriation bill. 

lli. BAYARD. I do not understand the precise position 0f it and 

I do not care much how the same end may be reached. 

Mr. HALE. It leaves the bill between the two Houses. 

Mr. BAYARD. Two things equal to the same thing are equal to 

each other. I shall no more vote to compel the House to subject themselves to the will of the Senate, because that will has been ingrafted 

upon an appropriation bill, than I would submit to like coercion by 

the other branch in case they endeavored to ingraft a provision of generallegislation upon an appropriation bill sent to us. I was not aware of the form in which this question was presented to the Senate, but I 

believe it substantially is that the Senate are asked to give their assent 

to a bill appropriating the full amount needed to maintain the American Navy and execute the contracts which have been duly and legally 

made. For ·that bill I am prepared to vote, and I shall neither >ote 

to put on a new amendment which shall compel the House to assent 

at the cost of losing the appropriation, nor shall I vote to stay here 

longer for the purpose of accomplishing that which I believe is unjust 

to the House . The PRESIDENT pro tempore. The Calendar of General Orders is 

before the Senate. Order of Business No. 3 is the first case on the Calendar. The title of the bill will be read. 

Mr. COCKRELL. I do not see the Senator from Iowa, the chairman of the Committee on Appropriations. I think he has a conference 

report to submit. I have sent for him, and I hope nothing will be 

done until he comes in. 

Mr. CONGER. I have heard no reasons given why the objection to 

the second reading of the bill should be withdrawn. I have noticed 

with regret t.hat while the gentlemen who have charge of this bill repeat their very great desire to have a bill that shall increase the Navy, 

give it growth and strength, yet both of the gentlemen who have 

spoken who are on that committee, the Senator from Kansas [Mr. 

PLUMB] and the Senator from Maine [lli. HALE], have unfortunately 

stated here distinctly that the other branch of Congress will not yield, 

and that there is no hope of securing any such result. By another·day 

it will be seen that the leaders here have given up the struggle, submitting to the inevitable, which I very much regretted to hear; but I 

have at least had the pleasure of calling the attention of the Senate 

and of the country to the condition in which this legislation and proposed legislation leaves the Navy, and of showing who is responsible 

for that condition and for Congress acting with helplessness and ease and indifference in regard to our national defense. 

But now, sir, with the hope that this bill may be amended, that 

the clause in regard to torpedoes may be stricken out, and that the 

last clause of the bill, which covers back into the Treasury money which 

Congress has already appropriated for completing one of the vessels, 

may be stricken out, I withdraw my objection to the second reading 

retaining, as I have the right to, I suppose, the right to make objection 

to the third reading when that stage is reached. 

The PRESIDENT pro tempore. The Senator from Michigan withdraws his objection to the second reading of the bill. Is there objection to its second readj.ng? 

Mr. RIDDLEBERGER. I am sorry the Senator ·from Michigan 

withdrew his objection. I feel like interposing one of my own. I will 

not, but I do not give my consent. I do not object. 

The PRESIDENT pro tempore. Is there objection to the second 

reading of the bill the title of which will be now reported? 

The SECRETARY. "A bill (H. R. 7509) making temporary provision 

for the naval service." 

The PRESIDENT pro tempore. Is there objection to the second reading of this bill at this time? The Ghair hears none, and the bill will 

be read the second time. 

The bill was read the second time by its title. 

The PRESIDENT pro tempo1·e. The bill has been read the second 

time, and will be referred to the Committee on Appropriations. 

Mr. HALE. The Committee onAppropriationsbashadjurisdiction 

of the .su~1ect, and it has already passed through all the phases of 

considerat;,on that would apply to the bill, and I should be very glad now if it could be considered for :final action. I ask unanimous con- sent that the bill may be put upon its passage. The Senator from 

California has an amendment which he desires to offer that will bring 

up the question of the Monadnock before the two Houses. I ask 
-

1884. CONGRESSIONAL RECORD- SENATE. 6085 

unanimous consent, in order to expedite the matter, that the bill be 

put on ita passage. 

The PRESIDENT pro tempore. The Senator from Maine asks 

unanimous consent that the bill be put upon its passage. 

Ur. RIDDLEBERGER. I object. I understand that a majority 

takes up the bill, does it not? I am satisfied to let it go through if 

the majority want to carry it through, but I a~ not going to consent 

to it for one. The PRESIDENT pro tempore. There is no rule of the Senate that 

requires a bill to be referred. 

The Chair, waiting for a suggestion and hearing none, took the usual 

course with the bill. 

:Mr. HALE. The Senator trom Virginia withdraws his objection. 

Is not the bill open to amendment? 

The PRESIDENT pro tempore. The Senator from :Uaineasksunanimous consent, as the Chair understands, that the bill be put upon its 

passage. 

Ur. CONGER. Does the Senator from Maine ask that? 

Mr. HALE. The bill a! present is open to amendment, I take it. 

l\Ir. CONGER. Then let the Senator withdraw his request. 

Mr. HALE. I do not object to any amendment being moved if a.ny 

Senator has any to offer. 

The PRESIDENT pro tempore. If there be no objection the Chair 

will withdraw the reference of the bill, and the bill is now before the 

Senate as in Committee of the Whole and open to amendment. 

Mr. CONGER. I move tostrikeoutthe clauserelatingtotorpedoes. 

The PRESIDENT pro tempore. The Senator from 1\lic}J.igan moves 

to amend the' bill by striking out the words which will be read. 

The Chief Clerk read the words proposed to be stricken out, as follows: 

Or for the purchase and manufacture, after full investigation and test in the United States, under the direction of the Secretary of ·the Navy, of torpedoes 

adapted to naval warfare, or of the right to manufacture the same, and for the fix tures and machinery necessary for operating the same. 

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

amendment of the Senator from Michigan. 

The question being put, a division was called for, and the ayes were 

8, and the noes many more--

Mr. HOAR. I hope the demand for a division .may be withdrawn 

before the numbers are announced. I voted with the Senator from 

Michigan and thoroughly sympathize with him; but I ask him unde,r 

the circumstances if he had not better withdraw the call for a division? 

The PRESIDENT pro tempore. Debate is not in order. 

Mr. HOAR. I know itis not in order, but I make a request. 

Mr. CONGER. I withdraw my call for a division. I regret that 

circumstances forbid that there should not be a record of the votes of 

Senators on this proposition. 

The PRESIDENT pro tempore. The demand for a division is withdrawn. The noes have it, and the amendment is disagreed to. 

Mr. MILLER, of California. I move to strike out the last clause, 

beginning with the word ' 'nothing,'' at the bottom ofthe page, to the 

end of the bill, and to insert in lieu of it what I send to the Chair. 

The PRESIDENT pro tempore. The Senator from California proposes 

an amendment, which will be read. 

The CHIEF CLERK. It is proposed to strike out the last paragraph, 

beingNothing herein contained shall be construed as appropriating money for or authorizing the continuation of work upon the double-turreted monitors Monad- nock, Terror, Amphitrite, and Puritan; and any unexpended balance now re- maining of the appropriation contained in said act approved March 3, 1883, for engines and machinery for the said double-turreted monitors shall be covered into the Treasury, except such parts thereof as may be required under existing contracts made for the engines and machinery of the three last-named monitors. 

And to insert in lieu thereof: 

The appropriation for the engines, machinery, &c., of the double-turreted monitors Monadnock, Terror, Amphitrite, and Puritan contained in said ad ap- proved March 3,1883, shall be, and is hereby, continued, and the same is made available for the purpose declared in said act. 

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

amendment proposed by the Senator from California. 

The amendment was agreed to. 

The bill was reported to the Senate as amended and the amendment was concurred in. 

The amendment was ordered to be engrossed and the bill to be read a third time. 

The bill was read the third time, and passed. 

CONSULAR AND DIPLOMATIC APPROPRIATION BILL. 

1\Ir. ALLISON. I ask that the Senate now take up the consular and 

diplomatic bill in order that I may move that the Senate recede from ita 

amendment numbered 158. 

The PRESIDENT pro tempore. The Senator from Iowa asks that 

there be laid before the Senate the bill (H. R. 6770) making appropriations for the consular and diplomatic service of the Government for the 

:fiscal year ending June 30, 1885, and for other purpo es. The last action of the House of Representatives on the bill will be read. 

The Chief Clerk read as follows: 

lN THE HOUSE OF REPRESENTATIVES, July 5, 1884. 

Resobved , That the House still further insist upon its disagreement to the one hundred and fifty-eighth amendmentofthe Senate to the bill (H. R. 6770) ma.king appropriations for the consular and diplomatic service of the Government for the fiscal year ending .June 30, 1885, and for other purposes, and ask a further conference with the Senate on the disagreeing votes of the two Houses thereon. 

Ordered, That l\ir. BURNES, Mr. TOWNSHEND, and ~lr. WASHBURN be the man- agers of the further conference on the part of the House. 

Mr. ALLISON. I make this motion, believing that the House of 

Representatives will not agree to this amendment, it having been twice 

tested in that body. I regret exceedingly that I am obliged to make 

the motion in order that we may secure the passage of the bill. This 

amendment was put on the bill in this body after mature deliberation 

and consideration and in order to a-ccomplish a great public purpose. 

The details with reference to the amendment are well known to the 

Senate. They are well known to those in the House who have theresponsibility of the passage of these bills. Therefore I assume that the 

House, thus knowing their.responsibility, have deliberately refused to 

agree to the amendment which we proposed. Under these circumstances I make the motion that the Senate recede. 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate recede from the only amendment open in the bill, proposed 

by the Senate to the bill, being amendment numbered 158. 

Ur. 1\ID.~LER, of California. I understand the Senator from Iowa 

to say that he is convinced the House will never agree to this amendment. Did I understand him correctly? 

Mr. ALLISON nodded assent. 

1\Ir. bULLER, of California. This matter has been discussed in 

the Senate at considerable length, but with closed doors. It has been 1 

discussed elsewhere. 

The PRESIDENT pro ternpore. The Senator from California can not 

allude to anything that took place with closed doors on this or any 

other measure. · 

1\1r. MILLER, of California. I beg pardon of the Senate for having 

transgressed the rule. It has been discussed a great deal in the public 

print::i, and it has been discussed in this body. ./u>, has been stated by 

the Senator from Iowa, the reasons for such an appropriation were 

made sufficiently manifest to convince a majority of this body that the 

appropriation ought t.o be made. It is for the purpose, as I understand, of securing to the United States certain advantages in reference 

to the isthmus transit; and every one who has given the subject consideration can not have failed to appreciate the importance of the attempt which the Government is now making. 

I presume from the statement made by the Senator from Iowa that 

it will be impossible to convince-it has been impossible thus far-to 

convince the conferees on the part of the House that this appropriation 

is a necessary and proper one to be made. I do not propose to discuss 

the matter at this late hour, but I desire to have it distinctly understood that the responsibility for whatever may happen, for whatever 

losses may be entailed on this nation, for whatever advantages other 

nations may obtain over this, the dominant power in this hemisphere, 

by the failure to make this appropriation, will not rest upon the Senate 

nor upon that committee of the Senate which has recommended this 

~ppropriation. . 

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

motion of the Senator from Iowa that the Senate recede from this 

amendment. 

The motion was agreed to. 

DISTRICT CLERICAL SERVICES. 

A. message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the House had passed a joint resolution (H. Res. 

286) for the payment of certain persons therein named for clerical services rendered the District of Columbia in making numerical and assess 

books; in which it requested the concurrence of the Senate. 

Mr. LOGAN. I ask to take up the resolution just received from the 

House and have it considered now. 

The PRESIDENT pro tempore. The Chair lays before the Senate a joint resolution from the House of Representatives. 

The joint resolution (H. Res. 286) for the payment of certain persons 

therein named for clerical services rendered the District of Columbia 

in making numerical and assess books was read the first time by its title. 

Mr. GARLAND. Let it be read in full. 

The PRESIDENT pro tempore. The joint resolution will be read for 

information subject to objection. 

The Secretary read as follows: 

.Resolved, &c., That the Secretary of the Treasury be authorized to pay the fol- lowing-named persons for clerical services in making numerical and" assess" books, namely: To F. G. Cowie, 138; to G . .A. HallJ. ~'35; toW. E. Morgan, $50!5; t.o GeorgeS. Bell, 180; to Thomas B. Shoemaker, M1>; to William Griffin, SOOO; to E. W.W.Gri.ffi.n,$900; toR. A. Fish,$900; to Frank Wilson,SOOO ; to .J. F. Thompson, 171; to Charles D. Merwin, $30; in all, $5,104, out of moneys appro- priated for the District of Columbia not specifically set apartfor special purpose . 

1\Ir. LOGAN. I will state that this resolution is only an extraet 

from a bill that passed the Senate, and the House conferees struck it out 

from the deficiency appropriation bill. After the conference report bad 

been agreed to I went to see about it, and found it was stricken out 

without a full understanding of it, and they would ha"\"'e agreed to it 

had they bad the statements before they agreed on the conference re- port. One of the conferees said be would endeavor to have a resolution of this character passed through the House, so that the Senate 

might agree to it. 

,, 
6086 CONGRESSIONAL RECORD-HOUSE. JULY 5, 

Mr. COCKRELL. The appropriation provided for in the joint resolution was an amendment, I believe, to the deficiency bill agreed to 

by the Senate. That amendment i.n that bill was submitted to the 

House conferees. It was disagreed. to with a full knowledge and with 

all the information we now have upon it. The Senate necessarily bad 

to recede. What has changed the views of the House in regard to the 

matter I do not know. It is a remarkable proceeding. Believing that 

we were doing justice and were right ~ placing the amendment on the 

bill and insisting upon holding it there as long as we could, and that 

the conferees were wrong then and the Hou e is right now in passing 

the measure, I shall not object to its consideration, but simply ask that a provision be put in to make the District liable to one-half of it. 

The PRESIDING OFFICER (Mr. HAWLEY in the chair). Is there 

objection to the second reading of the joint resolution? The Chair 

hears none. · The joint resolution was read the second time, and the Senate, as in 

Committee of the Whole, proceeded to its consideration. 

Mr. COCKRELL. I find in looking at the resolution that the provision is sufficient. 

The joint resolution was reported to the Senate, ordered to a third 

reading, read the third time, and passed. 

EXECUTIVE SESSIO:N. 

Mr. HOAR. I rise to move an adjournment until 9 o'clock to-mor-

' row, if there be no objection on the part of the Senator from Iowa. 

Several SEN A TORS. Ten. 

Mr. ALLISON. I see no objection to the motion unless it should 

turn out that the House should disagree to our amendment to the 

naval bill just passed, and in that case it might be necessary to have 

another conference. 

Mr. HOAR. This will give three hours before 12 for that purpose. 

Mr . .ALLISON. Very well. 

Mr. HOAR. I move that the Senate adjourn until 9 o'clock to-morrow. Mr. SHERMAN. Before that motion is put I ask whether any hour 

has been fixed for final adjournment? 

Mr. ALLISON. No hour has been fixed for final adjournment, and 

I think none should be fixed to-night. 

Mr. COCKRELL. I hope the Senator from Massachusetts will say 

10 o'clock. 

Mr. HOAR. It ought to be 9. 

Mr. MORGA.J.'{. Weought to have a brief executive session . . I hope 

the Senator from Massachusetts will allow us to have a brief executive 

session. 

Mr. :S:OAR. I will modify my motion and move that the Senate proceed to the consideration of execqtive busine . The PRESIDING OFFICER. The question is on the motion of the 

Senator from Ma.Ssachusetts that the Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive busines . After eight minutes spent in execut~ve 

session the doors were reopened; when, on motion of Mr. HOAR (at 11 

o'clock and 20 minutes p. m., Sunday, July 6) the Senate adjourned 

to meet at 10 o'clock a. m. on l\IQnday, July 7. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, July 5, 1884. 

The House met at 9 o'clock a.m. Prayer by the Chaplain, Rev. 

JOHNS. LINDSAY, D. D. 

The Journal of the proceedings of Thursday last was read and approved. 

SEN ATE REPORT ON LABOR .AND CAPITAL. 

The SPEAKER laid before the House the following resolution of the 

Senate; which was referred to the Committee on Printing: 

Resolved by the Senate {the House of .Representatives concurring), That the report 

of the Senate Committee on Education and Labor on the relations between labor 

and capital, with the a ccompanying testimony, be printed; and that 25,000 additional copies be printed, of which 8,000 shall be for the use of the Senate, 16,000 

for the u e of the Hou e of Repre entatives, and 1,000 copies for the use of the 

Senate Committee on Education and Labor. 

IRRIGATIO:N IN CALIFORIA. 

The SPEAKER also laid before the House the following resolution of 

the Senate; which was refened to the Committee on Printing: 

Resolved by the Senate (the House o.f Rep1·estmtatives concurring), That there be 

})rinted 2,000 copies of Executive Document No. 290, first session Forty-third 

Congress, relat.ingto irrigation of the San Joaquin, Tulare, and Sacramento Valleys, California, of which 1,000 copies shall be for the use of the Senate and 1,000 

copies for the use of the Honse. 

WASHINGTON AND GEORGETOW.~: RAILROAD CO}IPANY. 

The SPEAKER also laid before the House a communication from 

the president of the Washington and Georgetown Railroad Company, 

transmitting the treasurer's annual report of the company's receipts 

and disbursements for the year ending December 31, 1883; which was 

referred to the Committee on the District of Columbia. 

ORDER OF BUSTh""ES . 

1\Ir . . RANDALL. I move that the House take a recess until 11 

o'clock this morning. 

Mr. STRUBLE. I ask unanimous consent to make a report from 

the Committee on Pensions. 

The SPEAKER. .A. motion for a recess is pending. 

1\Ir. TOWNSHEND. I move that the morning hour be dispensed 

with. 

The SPEAKER. That motion is not in order pending a motion for 

a recess. 

The question being taken on the motion of l\Ir. RANDALL, there 

were-ayes 26, noes 11. 

1\Ir. TOWNSHEND. No quorum. 

The SPEAKER. The gentleman from Illinois [.M:r. TOWNSHE "D J 

makes the point that no quorum has voted. 

Mr. SPRINGER. Can we not dispense with the morning hour by 

unanimous consent and then take a recess? 

U.r. TOWNSHEND. I am willing that shall be done. 

The SPEAKER. The House can do almost anything by unanimous 

consent. 

Mr. SPRINGER. I ask unanimous consent that the morning hour 

be dispensed with. 

Several members objected . . [Cries of" Regular order!"] 

The SPEAKER. The regular order is the motion for the recess. Mr. 1\Icl\IILLIN. I understand that the point of no quorum is 

withdrawn. 

The SPEAKER. The Chair will put the motion aga~ 

The question being · again put on the m9tion of Mr. RANDALL that 

the House take a recess until 11 o'clock a. m., it was agreed to; and a recess was accordingly taken. · 

The recess ha$g expired, the Hou e at 11 o'clock a. m. resumed its 

session. · 

WITHDRAWAL OF PAPERS. 

11Ir. WILSON, of Iowa, by unanimous consent,· obtained leave to · 

withdraw from the files of the House papers in the case of Barbara A. 

Cheney. 

INVE TIGATIOY OF PACIFIC RAILROADS. 

Mr. THOMPSON. I ask unanimous consent for the consideration and 

adoption of a resolution proposing an investigation to obtain information needed by the Pacific Railroads Committee and which can not be 

obtained without an investigation of this kind. This information is 

important in its connection with bills which have been before us for some time to regulate freight and fares on these roads; and it is also desirable to obtain information whether the late report made by Government experts was in any way modified, suppressed, or changed. I send 

the resolution to the desk and ask unanimous consent forits immediate 

consideration and adoption. 

Mr. DUNN. I do not object to any resolution p:roposinganecessary 

investigation. 

The SPEAKER. The gentleman from Kentucky [Mr. TROMP ON] 

asks unanimous consent for the immediate consideration of a resolution 

which will be read, after which the Chair will ask for objection. 

The Clerk read as tollow : 

.Resolved, That the Speaker of this House appoint a committee of five mem- bers from the Committee on Pacific Railroads to investi~te the affairs of the 

Union Pacific Railway Company, _the Central Pacific Railroad Company, and 

Northern Pacific Railroad Company, and report what was the cost of building 

the same, whether at any time the net earnings of said roads have in either case been greater than 10 per cent. of its cost after deducting all expenditures, &c., a provided in the act of 1862, and whether the right to reduce and fix by law 

the rates of fare on said roads, or either of them, has accrued and should be ex- ercised by the United States; also, whether the recent report of the Go·vern- ment accountants was suppressed, withheld, altered, or modified by any one; if so, by whom and at whose instance and for what purpo e; and whether any contract or combination was entered into between any of the officials of said 

railroads and any officer of the Government, or arrangements made to delay or influence action upon the part of Congress in regard to said roads, and w bet her any of the funds or securities of either of said roads ha'\"e been in any way misappropriated or misapplied; and for this purpose they may send for persons and papers, swear witnesses, employ clerk , accountants, and other nece sary 

labor, may visit and hold meetingS:on any portion of said roads in cities in which 

their papers are kept during the recess of Congress; and the expenses of aid 

investigation, not to exceed SlO,OOO, hall be paid out of the contingent fund of 

the House. 

The SPEAKER. Is there objection to the pre ent consideration of 

this resolution? 

Mr. BELFORD. I wish to make an inquiry in regard to this reso- lution. 

1\Ir. THO~IPSON. Let the resolution first come before the House, 

and if the gentleman wishes to move an amendment I will yield to him 

for that purpose. 

Ur. BELFORD. I will take my chance now. I do not wish to put an amendment in. I wish to inquire whether there is not in the Treasury Department a railroad commissioner who makes every year a re- port to the Government. 

Mr. THOMPSON. Yes, i.r. 

Mr. BELFORD. .As to the condition of all these railroads? 

1\Ir. THOMPSON. But, sir, it is so insufficient on the very points 

which we desire to investigate that we have been induced to make this