-

1887. CONGRESSIONAL RECORD-HOUSE. 1495 

CONFIRMATIONS. 

Executive nominations confirmed by the Senate February 3, 1887. 

TERRITORIAL GOVERNOR. 

Louis K. Church, to be governor of Dakota Territory. 

UNITED STATES ATTORNEYS. 

Gustavus Van Hoorebeke! of illinois, to be attorney of the United 

States for the southern district of lllinois. 

William A. Walker, of Wisconsin, to be attorney of the United States 

for the eastern district of Wisconrin. 

PENSION AGENT. 

W. H. D. Cochrane, of Nashua, N.H., to be pension agent at Concord, N. II. 

UNITED STATES CONSUL. 

David T. Bunker, of Auburndale, Mass., to be consul of the United 

States at Demerara. INDIAN AGENTS. 

.James MeN amara, of Freeport, ill., to be agent for the Indians of the 

Colorado River agency in Arizona. 

Charles H. Yates, of Ukiah, Cal., to be agent for the Indians of the 

Round Valley agency in California-. Hugh D. Gallagher, of Greensburg, Ind., to be agent for the Indians 

of the Pine Ridge agency in Dakota. 

William 1\1. Neal, of Franklin, Ind., to be agent for the Indians of 

the Lemhi agency in Idaho. 

Charles H. Grover, of Leavenworth, Kans., to be agent for the Indians of the Pottawatomie and Great Nemaha agency in Kansas. 

Dale 0. Cowen, of Batavia, Ohio, to be agent for the Indians of the 

Fort Peck agency in Montana. · .Jesse F. Warner, of Homer, Nebr., to be agent for the Indians ofthe 

Omaha and Winnebago agency in Nebraska. 

Bartholomew Coffee, of Salem, Oreg., to be agent for the Indians of 

the Umatilla agency in Oregon . .Jason Wheeler, of Alb:my, Oreg., to be agent fox the Indians of the 

Warm Springs agency in Oregon . .John B. McClane, ofSalem, Oreg., to be agent for the Indians of the 

Grande Ronde agency in Oregon. 

Thomas Priestley, of Mineral Point, Wis., to be agent for the Indians 

of the Yakima agency in Washington Territory. 

For _promotion in the Revenue Service. 

Third Lieut. Howard M. Broadbent, of Pennsylvania, to be a second 

lieutenant in the Revenue Service, vice Graham, deceased. 

Postmaste-rs. 

William F. Wolfe, to be postmaster at Friend, Saline County, Nebraska. 

Frank B. Brown, to be postmaster at Corning, Steuben County, New 

York. 

William H. Greenhow, to be postmaster at Hornellsville, Steuben 

County, New York. 

Charles E. Rose, to be postmaster at Patchogue, Suffolk County, New 

York. 

Michael Tierney, to be postmaster at Salem, Washington County, 

New York. - Francis B. Willard, to be postmaster at Boonville, Oneida County, 

New York. 

George B. A ten, to be postmaster at Wellsville, Columbiana County, 

Ohio. 

Egbert Green, to be postmaster at Medina, Medina County, Ohio. 

Guilford B. Keppel, to be postmaster at Tiffin, Seneca County, Ohio. 

Basil Meek, to be postmaster at Fremont, Sandusky County, Ohio. 

.JohnR.Meloy,to bepostmasteratNewLexington,PerryCounty,Ohio. 

William M. Breslin, to be postmaster at Lebanon, Lebanon County, 

Pennsylvania. 

James W. Verlander, to be postmaster at Huntington, Cabell County, 

West Virginia . .James M. Holton, to be· postmaster at Brighton, Monroe County, 

New York. · Caleb T. Smith, to be postmaster at Islip, Suffolk County, New York. 

Cl)arles S. Ware, to be postmaster at Mount Kisco, Westchester 

County, New York. 

Martin L. Willard, to be postmaster at Antwerp, .Jefferson County, 

New York. 

Hiram E. Field, to be postmaster at Columbus Grove, Putnam County, 

Ohio. 

Micajah Hutt, to be postmaster at Haverly, Pike County, Ohio. 

George Lower, to be postmaster at Columbiana, Columbiana County, ®h J 

.Josephine Doty, to be postmaster at South Oil City, Venango County, 

Pennsylvania. 

.John C. Forsyth, to be postmaster at Northumberland, Northumberland County, Pennsylvania. - Ignatius Garner, to be postmaster at Saint :Mary's, Elk County, Pennsylvania. 

Otis- G. Kelts, to be postmaster at Kane, McKean County, Pennsylvania. 

Israel P. Loveks, to be postmaster at Tarantum, Allegheny County, 

Pennsy 1 vania. 

Edward H. Mosher, to be postmaster at Blossburgh, Tioga County, 

Pennsylvania. 

John A. Pyle, to be postmaster at Westchester, Chester County, 

Pennsy I vania. 

Arthur_ B. Rowley, to be postmaster at Eldred, McKean County, 

Pennsylvania. 

Andrew II. Simpson, to be postmaster at North Clarendon, Warren 

County, Pennsylvania. 

.Joseph R. Naylor, to be postmaster at Wellsburgh, Brooke County, 

West Virginia. 

.James B. Ryan, to be postmaster at Saint Clairsville, Belmont 

County, Ohio. . Rufus Thompson, to be postmaster at Albany, Linn County, Oregon. 

Alexander H. Brown, to be postmaster at Weston, Lewis County, 

West Virginia . .John H. Mills, to be postmaster at Canton, Saint Lawrence County, 

New York. 

Charles P. Van Zandt, to be postmaster at Walden, Orange County, 

New York. 

Tryon Bailey, to be postmaster at Chagrin Falls, Cuyahoga County, 

Ohio. 

George W. Carey, to be postmaster at North Yakima, Yakima County, 

Territory of Washington. 

Fostex M. Kinter, to be postmaster at La Moure, La Moure County, 

Terri tory of Dakota. 

Oscar A. Trovatten, to be postmaster at Park River, Walsh County, 

Territory of Dakota . William H. LeCount, to be postmaster at New Rochelle, Westchester 

County, New York. 

HOUSE OF REPRESENTATIVES. 

TUESDAY, February 8, 1887. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. 

H. MILBURN, b. D. 

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

EXPENDITURES, SOJ~DIERS' HOMES. 

The SPEAKER laid before the House a letter from the Secretary of 

the Treasury, transmitting a statement of expenditures for the several 

branches of the National Home fox Disabled Volunteer Soldiers; which was referred to the Committee on Appropriations, and ordered to be 

printed. 

CUSTOM-HOUSE, TOLEDO, OHIO. 

The SPEAKER also laid before the House a letter from the Secretary 

of the Treasury, transmitting an estimate from the Supervising Architect for completing the approaches and painting the walls and ceiling 

of the custom-house at Toledo, Ohio; which was referred to the Com· 

mittee on Appropriations, and ordered to be printed. 

INDIAN APPROPRIATION BILL. 

The SPEAKER also laid before the House the Senate amendments 

to the bill (H. R. 10394) making appropriations for the current and 

contingent exp&ses of the Indian Department, and for fulfilling treaty 

stipulations with various Indian tribes for the fiscal year ending June 

30, 1888, and for other purposes; which was referred to the Committee on Indian Affairs, and ordered to be printed. 

SEN ATE BILLS REFERRED • 

The SPEAKER also, in accordance with the rule, laid before the 

House Senate bills; which were referred as follows: 

The bill (S. 2578) to prohibit members of Congress from acting as attorneys and employes of railroad companies in certain cases-to the 

Committee on the .Judiciary. 

The bill (S. 1321) granting arrears of pension to Richard H. McWhor· 

ter-to the Committee on Invalid Pensious. 

The bill (8.1986) granting pensions to William Knight, .Jacob Parrot, William Reddick, and John W. Lallam-to the CommHtee on Invalid Pensions. 

The bill (S. 2374) granting a pension to Mrs. Arabella Coddingtonto the Committee on Invalid Pensions. 

The bill (S. 2421) granting a pension to 1\Irs. Maria C. McPhersonto the Committee on Invalid Pensions. 

The bill (S. 2629) granting a. pension to .Jane Brown Dunn-to the 

Committee on Invalid Pensions. 

The bill (S. 2670) granting an increase of pension to James H; 

Thomas-to the Committee on Invalid Pensions. 

The bill (S. 2834) granting a pensidn to Mrs. Hettie K. Painter-to 

the Committee on Invalid Pensions. 

The bill (S. 2935) granting a pension to Robert Ba.xter-to the Com· 

mittee on Invalid Pensions. · 

' 
1496 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

The bill (S. 3106) granting a pension fu Milton Teeter-to the Committee on Invalid Pensions. 

The bill (S. 3107) granting a pension to Catharine F. Ellsworth-to 

the Committee on Invalid Pensions. 

The bill (S. 3108) granting a pension to James Lucas-to the Committee on Invalid Pensions. 

The bill (S. 3131) granting a pension to Hugh Rogers-to the Committee on Invalid Pensions. 

The bill (S. 3146) granting a pension to John W. Reynolds-to the 

Committee on Invalid Pensions. 

The bill (S. 3218) granting an increase of peusion to Maria Hunterto the Committee on Invalid Pensions. 

The bill (S. 3220) granting a pension to Hannah R. Langdon-to the 

Committee on Invalid Pensions. 

The bill (S. 3260) granting a pension to Laura A. Wright-to the 

Committee on Invalid Pensions. 

Also the bill (S. 2579) granting an increase of pension to Richard B. 

Rians, with request for a conference. 

'!'he SPEAKER. Without objection the request will be agreed to. 

.ADAM L. EPLEY. 

The SPEAKER also laid before the House for reference the bill (S. 

2248) for the relief of Adam L. Epley. 

Mr. EZRA. B. TAYLOR. I ask unanimous consenHhatthat bill be now put upon its p3S.Sage. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read at length. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Air. TAULBEE. I object, and ask its reference to the Committee on Invalid Pensions. 

Mr. MATSON. I suggest that this is a claim, not a pension case, 

and it should go to the Committee on Claims. 

The SPEA. KER. The Chair will examine the bill. [After a pause.] 

The bill will be referred to the Committee on Claims. 

CATHARINE E. BABCOCK. 

The SPEAKER also laid before the House for reference the bill (S. 

3135) granting a pension to Catharine E. Babcock. 

Mr. STRAIT. That bill, Mr. Speaker, should be referred, I think, 

to the Committee on Pensions. 

The SPEAKER. The beneficiary seems to be the widow of a mem- ber of the Second Michigan Cavalry. If it was for service in the ln.te war it should be referred to the Committee on Invalid Pensions. 

Mr. STRAIT. I think he was in the regular Army at the time of 

his death. 

The bill was referred to the Committee on Pensions. 

ENGROSSED COPY OF A BILL. 

The SPEAKER also laid before the· House an engrossed copy of the 

bill (S. 2225) to indemnify certain subjects of the Chinese Empire for 

losses sustained by the violence of a mob at Rock Springs, in the Territory of Wyoming, in 1885, furnished in duplicate by the Senate in 

obedience to. the request of the House; which was referred to the Committee on Foreign Affairs. 

LEAVE OF AB E.!.~CE. 

By unanimous consent, ieave of absence was granted as follows: 

To Mr. BARNES, for five days, on account of important business. 

To Mr. NEGLEY, for three days, on aecount of impj.>rtant business. 

To Mr. O'NEILL, of Pennsylvania, from and including to-day until 

the 11th instant. 

WITHDRAW .AL OF PAPERS. 

By unanimous consent, leave was granted to Mr. GALLINGER to withcraw from the tiles of the House papersfiled in support of the pension case of Ellen M. Sturtevant, without leaving copies, a favorable report 

having been made. 

ENROLLED BILLS SIGNED. 

Mr. NEECE, from the Committee on Enrolled Bills, reported that 

they had examined and found du1y enrolled bills of the following titles; 

when the Speaker signed the same: A bill (S. 1384) granting a pension to Mathias Wondrak; 

A bill (S. 859) granting a pension to Chadotte O'Neal; 

A bill (S. 1626) granting a pension to John Reed, sr.; · .A bill (S. 785) granting a pension to George Ham; 

A bill (S. 1627) granting a pension to Mrs. M. C. Miles; 

A bill (S. 1768) granting a pension to John D. Fincher; 

A bill (S. 2884) granting a pension to Mrs. Anna Etheridge Hooks; 

A bill (S. 2660) granting a pension to Annie E. Gardiner; 

A bill (S. 2454) granting a pension to James S. Furniss; 

A. bill (S. 2452) grant.ing a pension to Rachael Ann Pierpont; 

A bill (S. 2391) granting a pension to John G. Warren; 

A bill (S. 2363) granting a pension to Marcel Gagnon; 

A bill (S. 2353) granting a pension to William Barden; 

A bill (S. 2286 J granting a pension to Albert C. KelJy; 

A bill (S. 2252) granting a pension to Susan A. Duncan; 

A bill (S. 2218) for the relief of Lucy A. Washburn; 

A bill (S. 2203) granting a pension to 1\Irs. Emily M. Swift, of Dexter, Mich.; and 

A bill (S. 2111) granting a pension to Jacob Smith. 

1\IESS.AGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had agreed to the amendments of the 

House of Representatives to the joint resolution (S. R. 40) providing 

for the payment of per diem laborers in Government employ on the 

30th of May of each year as on other days. 

The message also returned to the House of Representatives, in com- pliance with its request, the bill (S. 2479) granting a pension to Mrs. 

.Adaline P. Loy. 

The message also announced that the Senate had passed with an amendment in which the concurrence of the House was requested, the 

bill (H. R. 3110) directing the Secretary of War to amend the record 

of Harrison Dewey. 

The message also announced that the Senate had passed with an amendment the bill (H. R. 3760) to enlarge the jurisdiction of the 

probate courts in Wyoming Territory, requested a conference with the 

House of Representatives on the said bill and amendment, and had appointed Mr. CULLOM, Mr. MANDERSON, and Afr. GRAY to be the con- ferees on the part of the Senate. 

The message also announced that the Senate had passed with an amendment the bill (H. R. 3828) for the relief of the estate of C. M. 

Briggs, deceased, requested a conference with the House of Representatives on the said bill and amendment, and had appointed Mr. SPOONER, 

Mr. DoLPH, and Mr. JoNES, of Arkansas, to be the conferees on the 

part of the Senate. 

The message also announced that the Senate had passed with an amendment the bill (H. R. 4616) for the relief of Maj. Michael P. Small, 

requested a conference with the House of Representatives on said bill 

and amendment, a.n.d had appointed Mr. WALTHALL, Mr. CoCKRELL, 

and Mr. MANDERSON to be the conferees on the part of the Senate. 

The message also announced that the Senate had passed with an amendment the bill {H. R. 6046) for the relief of H. C. Wilkey, re- quested a conference with the House of Representatives on said bill and 

amendment, and had appointed Mr. SAWYER, Mr. CONGER, and Mr. 

BECK to be the conferees on the part of the Senate. 

The message also announced that the Senate had passed with amendments the bill (H. R. 10056) granting to the Saint Pau1, Minneapolis 

and Manitoba Uailroad Company the right of way through the Indian 

reservations inNorthern Montana and Northwestern Dakota, requested a conference with the House of Representatives on said bill and amendments, and had appointed Air. DAWES, Mr. SABIN, and Mr. HA:MPTON to be the conferees on the part of the Senate. 

The message also announced that the Senate had passed with an 

amendment the bill (H. R. 2646) granting to the Kanawha and Ohio 

Railroad Company the right to lay its track through United States 

lock and dam property in the Great Kanawha valley, State of West 

Virginia, requesting a conference with the House of Representatives 

on said bill and amendment, and had appointed Mr. CoNGER, Mr. 

MILLER, and Mr. KENNA to be the conferees on the part of the Senate. 

The message also announced that the Senate had passed with amendments the bill (H. R. 1336) to authorize the construction of a bridge over Bayou Barnard in the State of Mi.s3issippi, requested a conference 

with the House of Representatives on said bill and amendment, and 

had appointed Mr. VEST, Mr. RANS0:;\!1 and Mr. CONGER to be the con· ferees on the part of the Senate. 

The message also announced that the Senate had passed bills of the 

following titles; in which the concurrence of the House was requested: 

A bill (S. 662) to encourage the manufacture of steel for modern 

army ordnance, armor, a.n.d other army purposes, and to provide heavy 

ordnance adapted to modern army warfare, and for other purposes; and 

A bill (S. 663) to encourage the ma,nufacture of steel for modern 

naval ordnance, armor, shafting, and other naval purposes, and to provide heavy ordnance adapted to modern naval warfare. 

The message also announced that the. Senate had passed without 

amendment bills of the House of the following titles: 

A bill (H. R. 914) for the relief of Mrs. Fanny S. Conway; 

A bill (H. R. 960) for the relief of J. R. McGoldrick; 

A bill (H. R. 2156) for the removal of the charge of desertion from 

the record of Martin Murphy; 

A bill (H. R. 2176) for the relief of Alexander Goble; 

A bill (H. R. 2995) for the relief of Francis H. Shaw; 

A bill (H. R. 3173) for the relief of Samuel H. Flemming; 

A bill (H. R. 3289) to amend section 5 of the act entitled "An act 

to amend the Statutes in relation to immediate transportation of duti· 

able goods, and for other purposes," approved June 10, 1880; 

A bill (H. R. 3909) for the relief of Harry Fisk; 

A bill (H. R. 5877) for the relief of William H. Morhiser; 

A bill (H. R. 7507) for the relief of James M. Hagar; 

A bill (H. R. 9115) for the relief of Eugene E . .l'tfcLean; . A bill (H. R. 9183) for the relief of James R. Marrs; 

A bill (H. R. 9232) to amend an act to prohibit the importation and 

immigration of foreigners and aliens under contract or agreement to 
1887. CONGRESSIONAL RECORD-HOUSE. 1497 

perform labor in the United Stat-es, its Territories, and the District of 

Columbia; and 

A bill (H. R. 9895) to authorize the construction of a bridge across the Tradewater River by the Ohio Valley Railroad Company. 

PUBLIC BCILDING .AT HOUSTON, TEX. 

Mr. STEW ART, of Texas. I ask unanimous consent that the Committee of the Whole Honse on the state of the Union be discharged 

from the further consideration of the bill (S. 93) authorizing the con- struction of a public building for a post-office in the city of Houston, 

Texas, and that the same be now considered. 

The bill was read as follows: 

B6 it enacted, &:c., Tlul.t the Secretary of the Treasury be, and he is here by, au- thorized and directed to acquire by purchase or condemnation a site for, and cause to be erected thereon, a suitable building, with tire-proof vaults therein, 

for the accommodation of the post-office and other Government offices, at the 

city of Houston, in the State of Texas. The plans, specifications, and full esti- mates for said building shall be previously made and approved according to law, 

and shall not exceed for the site and building complete the sum of $75,0:>(): Pro- vided, That the site shall leave the building unexposed to danger from tire in 

adjacent buildings by an open space of not less than 40 feet, including streets and 

alleys; and no money appropriated for this purpose shall be available until a valid title to the site for said building shall be vested in the United States, nor nn'til the State of Texas shall have ceded to the United States exclusive jurisdic- tion over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws 

of said State and the service of civil process therein. 

The Committee on Public Buildings and Grounds recommended the 

following amendment: 

.Add to the bill as follows: 

"Nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance ot the sum herein 

limited after the site shnll have been purchased and paid for, shall have been 

approved by the Secretary of the Treasury." 

Mr. HOLMAN. I ask to have the report read. 

The report (by Mr. DIBBLE) was read, as follo~s: 

The Committee on Public Buildings and Grounds, to whom was referred the 

bill (S. 93) authorizing the construction of a public building for a post-office in 

the city of Houston, TE'x., have considered the same, and respectfully report: Houston is situated at the head of navigation on Buft'alo Bayou, and has a population of not less than 35,000. 

The railroads entering Houston are as follows: Southern Pacific Railway, Houston and •rexas Central, International and Great Northern, Texas and New 

Orleans, Gulf, Colorado and Santa Fe, Galveston and Houston, Houston and 

Columbia, Texas Western, Texas Transportation, and Houston East and West 

Texas. Besides these roads, two others are now being constructed that will soon reach Houston. · The city of Houston is the first and only tidal point touched by the Southern 

Pacific Railway between the Mississippi River and the Pacific Ocean, and it is 

the railroad center of the great State of Texas. It is also a city of commercial 

importance, there being over 700,000 bales of cotton handled in said city every 

YF~~m the fact that so many railroads con center at Houston, it is a great maildistributing point, and is the depository of a great number of other post-offices in the State of Texas. At the post-office in Houston, during one quarter, more than 500,000 mail packages of different kinds were received, delivered, and forwarded from said office, and for the same quarter the money-order department of this office received and paid out the sum of $154,121.18. Your committee are of the opinion that the public building provided for in 

the bill should be erected, and report the bill to the House with the recom- mendation that it do pass, with the following amendment to be added to the 

bill: 

"Nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance of the sum herein lim- ited after the site shall have been purchased and paid for, shall have been approved by the Secretary of the Treasury." 

?tfr. HOLMAN. I believe there is no Federal court at this point? 

Mr. STEWART, ofTexas. No, sir. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

There was no objection. 

The amendment was adopted, and the bill as amended was ordered 

to a third reading; and it was accordingly read the third time, and p~ed. ' 

Mr. STEW ART, of Texas, moved to reconsider the vote by which the 

bill was passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

SEAL ROCKS, SAN FRANCISCO, CAL. 

Ur. FELTON. I ask unanimous consent that the Committee of the 

Whole House on the. state of the Union be discharged from the further 

consideration of the bill (S. 2428) to grant certain seal rocks to the city 

and county of San Francisco, State of California, in trust for the people 

of the United State.~. and that the same be put upon its passage. 

The bill was read, as follows: 

Be it enacted, &:c., That all the right and title of the United States in and to the 

rocky islets known as the Seal Rocks, and all rights to seals resorting there, sit-

:.uted off Point Lobos, in the city and county of San Francisco, State of Cali· ~rnia, are hereby granted, subject t-o the provisions named, in trust to said city and county, upon the following conditions and for the following uses, to wit: 

tlaid city and county shall hold said Seal Rocks inalienable for all time, in trust for the people of the United States, and shall commit to the commissioners of 

Golden Gate Park the custody and care of said Seal Rocks, and shall keep said 

rocks free from encroachment by man, and shall preserve from molestation the 

!leals and otller animals now accustomed to resort there, to the end that said Seal 

Rocks will continue to be a public preserve and resort for seals: Provided, That ~he United States may at all times control and limit or diminish the number of 

lhe seals resorting to said rocks so as to protect the fisheries and fishing industries: And providedfurthff, That whenever any of said rocks, or the space oc- cupied by said rocks, shall be required by the United States for the erection or maintenance of any public work, or for any other purpose, then as to the rocks or space so required the provisions of this act shall terminate, and the United 

States shall be reinvested with the full title, control, and possession thereof. 

Said city and county shall signify its acceptance of this trust, and thereupon the 

Commissioner of the General Land Office shall file in his office a plat showing 

the locus of said Seal Rocks, and said plat shall be the evidence of the extent and position of the premises hereby granted. 

SEO. 2. That all acts in conflict with the provisions of this act are hereby declared inapplicable to the premises hereby granted. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. HOLMAN. I trust there will be a word of explanation. It seems to be a proper measure. As I understand the bill it proposes to 

put the Seal Rocks under the control of the city of San Francisco. 

Mr. FELTON. It simply gives a police regulation of these Seal 

Rocks; and the bill provides if the United States desires to do so for 

any purpose whatsoever they can resume the protection of the island. 

The object of the bill is simply to protect a natural curiosity. 

The bill was ordered to a third reading; and it was accordingly read 

the third time, and passed. 

Mr. FELTON moved to reconsider the vote by which the bill was passed; and also moved that t-he motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

PUBLIC BUILDING, BROOKLYN, N. l". 

Mr. FELIX CAMPBELL. Mr. Speaker, I move that the Committee of the Whole House on the state of the Union be discharged from 

the further consideration of the bill H. R. 10305, and that the same be 

put upon its passage. 

The bill was read, as follows: 

Be it enacted, &:c., That the amount heretofore fixed as the limit of cost for 

the erection of a. public building by tha United States Government at Brooklyn, N, Y., be, and the same is hereby, increased to Sl,500,000, and that sum is 

hereby fixed as the limit of cost for the erection of said building, exclusive of cost of site heretofore purchased. ' · SEc. 2. That the officers of the United States Government having charge of 

the erection of public buildings are authorized and required to be governed by 

the limitation hereby prescribed in making contracts for the erection of said 

building. 

SEC. 3. That the sum ofS1,278,594.12 be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be used and 

expended for the purposes provided in this act. 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

Mr. EDEN. I would like to knowhow much increase this bill proposes. What was the original amount appropriated for this building? 

Mr. FELIX CAMPBELL. Eight hundred thousand dollars. 

Mr. EDEN. It appears to me, Mr. Speaker, that the Committee on Public Buildings and Grounds might as well waive the useless formality of fixing a limit in these cases of appropriations for pn blic buildings. 

The SPEAKER. Is there objection to the consideration of the bill? 

There was no objection. 

The bill was ordered to beengrossedandreadathird time; and being 

engrossed, it was accordingly read the third time, and passed. 

Mr. FELIX CAMPBELL moved to reconsider the vote by which the 

bill was passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

FR.ANCES W. DYER. 

Mr. MILLIKEN. Mr. Speaker, I move that the Committee of the 

Whole be discharged from the further consideration of the bill (S. 1071) 

for the relief of Mrs. Frances W. Dyer, and that the same be put upon 

its passage. 

The bill was read, as follows: 

Be it enacted, &:c., That the Secretary of the Treasury be, and he is hereby, au- thorized and directed to pay, out of any money in the Treasury not otherwise 

appropriated, the sum of 5100 to Frances W. Dyer, administratrix of the estate of William P. Dyer late of Belfast, in the State of Maine, deceased, the same being the amount deposited with the clerk of the United States court for the 

district of .Alabama by said William P. Dyer on his recognizance to appear and answer to a suit for an alleged violation of section 5347 of the Revised Statutes 

of the United States, in which said suit the entry of noUe prosequi was made, and 

the said sum of SlOO was covered into the Treasury of the United States. 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

There was no objection. 

The bill was ordered to a third reading; and it was accordingly read 

the third time, a.nd passed. 

Mr. MILLIKEN moved to reconsider the vote by which the bill was passed; and also mo•ed that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

PUBLIC BUILDING .AT HUNTSVILLE, ALA. 

M.r. WHEELER. Mr. Speaker, I ask rmanimons consent that the 

Committee of the Whole House on the state of the Union be discharged 

from the further consideration of the bill (S. 305) for the erection of a public building at Huntsville, Ala., and that the bill be put upon its 

passage. 
J498 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

The bill was read, as follows: 

BeiJ. enacled,.!:c., That the Secretary of the Treasury be, and he is hereby, au- thorized and directed to purchase a site for and cause to be erected a suitable building, with proper fire-proof vaults therein, for the accommodation of the courts of the United States, post-office, land office, internal-revenue offices, and other Government offices at the city of Huntsville, Ala. The site, and building 

thereon, when completed upon plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed the cost of $100,000. 

Pmvided, That no money to be appropriated for this purpose shall be available until a valid title to the site of said building shall be vested in the United States, to be approved by the Attorney-General, and until the State of Alabama shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes ex- cept the administration of the criminal laws of said State and the serviceof·any civil processes therein. And the sum of $50,000 be, and the same is hereby, ap- propriated, out of any money in the Treasury oft he United States not otherwise 

appropriated, to be used and expended in the purchase of said site and toward the construction of said building: Provided, That the site shall leave the build- ing unexposed to danger from fire in adjacent buildings by an open space of not less than forty feet, including streets and alleys around the same. 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

There was no objection. 

The committee recommended an amendment as follows: After the 

word ''dollars, " in line 12 of the printed bill, insertnor shall any site be purchased until estimates for the erection of a building 

which will furnish sufficient accommodations for the transaction of the public 

business, and which shall not exceed in cost the balance of the sum herein lim- ited after the site shall have been purchased and paid for, shall have been ap- proved by the Secretary of the Treasury; and no purchase of site, nor plan for said building, shall be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of $100,000 for site and building. 

The amendment was agreed to. 

The bill was ordered to a third reading; and it was accordingly read 

the third time, and passed. 

Mr. WHEELER moved to reconsider the vote by which the bill was passed, and also moved that the motion to reconsider be laid on the 

able. 

The latter motion was agreed to. 

Several members addressed the Chair. 

Mr. STORM. Regular order. 

The SPEAKER. The regular order is demanded. 

1\Ir. REED. Three public buildings on the other side having got 

through, the regular order is naturally demanded. 

The SPEAKER. The gentleman from Pennsylvania [Mr. STORM] 

demands the regular order. The regular order is the call of committees fo.r reports. 

PUBLIC BUILDING, CHATTANOOGA, TENN. 

Mr. SNYDER. ?t!r. Speaker I desire to present a conference report. 

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. 7218) making appropriation for the erection of a. public building at Chattanooga, Tenn., having met, after full and free conference have agreed to recommend and do recommend to their re- spective Houses as follows: That the House recede from its disagreement to the amendments of the Senate, numbered 1, 2, 3, and 4, and agree to the same. C. P. SNYDER, THOl\IAS D. JOHNSTON, 

W. W. BROWN, 

Managers on the part of the House. 

WILLIAM :MAHONE, JUSTIN S. MORRILL, 

ISHAl\I G. HARRIS, 

Managers on the part of the Senate. 

The SPEAKER. Ia there objection to agreeing to the conference report? Mr. REED. Wh · his bli b ildin · d ere lB t pu c u g Situate ? 

The SPEAKER. The Chair does not know. 

Mr. REED. On the other side of the grand aisle, is it not? 

The SPEAKER. The Clerk will read the statement of the con- ferees. 

The Clerk read as follows: 

The managers on the part of the House in the conference upon the disagreeing votes of Senate and House of Representatives upon the bill (H. R. 7218) en- titled "An act to amend an act for the erection of a public building at Chatta- nooga, Tenn.," approved February 25, 1885, present the following statement to accompany the conference report: '£he House bill proposed to increase the limit of cost of site and building at Chattanooga, Tenn., to $150,000. The Senate passed the bill amending it, in- creasing amount to $200,000. The effect of the conference report is to increase the amount appropriated frem $150,000 to ~200,000. 

The conference report was then agreed to. 

C. P. SNYDER. W. W. BROWN. 

THO. D. JOHNSTON. 

:Mr. SNYDER moved to reconsider the vote by which the conference 

report was agreed to; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

SUBSIDIARY SILVER COIN. 

1t1r. JAMES, from the Committee on Coinage, Weights, and Measures, reported a bill (H. R. 11107) to amend the Revised Statutes, 

sections 3528 and 3529, providing for the issue and redemption of minor 

coin; which was referred to the House Calendar, and, with the accom- panying report, ordered to be printed. 

Mr. JAMES, from the Committee on Coinage, Weights, and Meas· 

ures, also reported a joint resolution (H. Res. 25G) providing for the issue 

of subsidiary silver coin; which was referred to the House Calendar, 

and, with the accompanying report, ordered to be printed. 

OBSTRUCTIONS IN NEW YORK HARBOR. 

Mr. CALDWELL, from the Committee on Commerce, reported back ·the bill (S. 2157) to prevent obstruction and injurious deposits within 

the harbor of New York and adjacent waters of New York city by 

dumping or otherwise, and to prevent such offenses, and making other 

provisions in connection therewith; which was referred to the House 

Calendar, and the accompanying report ordered to be printed. 

BRIDGE ACROSS SAINT LOUIS RIVER. 

1l!r. WEAVER, of Nebraska, from the Committee on Commerce, re- ported back with a favorable recommendation the bill (S. 2611) to au- thorize the construction of a bridge aeross the Saint Louis River at the 

most accessible point between the States of Minnesota. and Wisconsin; 

which was referred to the House Calendar, and, with the accompanying report, ordered to be printed. 

BRIDGE BETWEEN OMAHA ~T]) COUNCIL DLUFFS. 

Mr. WEAVER, of Nebraska, from the Committee on Commerce, also 

reported back with an amendment the bill (S. 2896) authorizing the 

construction of a bridge across the Missouri River between the cities of 

Omaha, Nebr., and Council Bluffs, Iowa, and for other purposes; wJ:rl.ch was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

RIGHT OF WAY THROUGH PUBLIC LANDS IN UTAH. 

Mr. BRAGG, from the Committee on Military Affairs, reported back 

with an amendment the bill(H. R. 5959) grantingarightofwaythrough 

certain lands of the United States in the Territory of Utah; which was referred to the Committee of the Whole House on the state of the 

Union, and the accompanying report ordered to be printed. 

Mr. BRAGG, from the Committee on Military Affairs, also reported 

back adversely the bill (H. R. 10014) making an appropriation for lands, 

&c., at the Fort Douglas Military Reservation, Utah; which was laid on the table, and the accompanying report ordered to be printed. 

ALBERT WELTON. 

Mr. CUTCHEON, from the Committee on Military Affairs, reported 

back adversely the bill (H. R. 6526) for the relief of Albert Welton; 

which was la.id on the table, and the accompanying report ordered to 

be printed. 

MONUMENT AT FORT GREEN, BROOKLYN. 

Mr. VIELE, from the Committee on Military Affairs, reported back 

favorably the bill (H. R. 9249) for the erection and completion of a 

monument to the memory of the victims of prison ships at Fort Green, 

Brooklyn; which was referred to the Committee of the Whole House on the state of the Union, and the accompanying report ordered to be 

printed. 

COMPENSATION 1 ETC., OF POSTMASTERS. 

Mr. WARD, of Indiana, from the Committee on the Post-Office and 

Post-Roads, reported, as a substitute for the bill (H. R. 7474) a bill (H. 

R. 11108) to regulate the classification, compensation, andallowancesto 

postmasters, and for other purposes; which was read a first and second 

time, referred to the Committee of the Whole House on the state of the 

Union, and. with the accompanying report, ordered to be printed. 

The bill (H. R. 7474) was, by unanimous consent., laid on the table. 

TiTAH MIDLAND RAILWAY CO!UPANY. 

Mr. PEEL, from the Committee on Indian Affairs, reported, as a. substitute for the bill (H. R. 10432) a bill (H. R. 11109) granting right 

of way to the Utah Midland Railway Company through Uncompahgre 

reservation, and for other purposes; which was read a first and second 

time, referred to the Committee of the Whole House on the Private 

Calendar, and, with the accompanying report, ordered to be printed. 

The bill (H. R.10432) was, by unanimous consent, laid on the table. 

CREDITORS OF POTTA W A.TOMIE INDIANS. 

Ur. SKINNER, from the Committee on Indian Affairs, reported back 

with amendment the bill (H. R. 10207) to enable the Secretary of the 

Interior to pay certain creditors of the Pottawato.mie Indians out of 

the funds of said Indians; which was referred to the Committee of the 

Whole House on the Private Calendar, and the accompanying report 

ordered to be printed. 

TRANSFER OF ROOMS IN JACKSON, liiiSS. 

?t!r. DIBBLE, from the Committee on Public Buildings and Grounds, 

reported back favorably the joint resolution (S. R. 51) authorizing and 

directing the Department of Justice to transfer ce.rta.in rooms which 

have been occupied by the United States courts to the city of Jackson, 

:Miss. ; which was referred to the Committee of the Whole House on the state of the Union, and the accompanying report ordered to be 

printed. 

-~ 

- =-
1887. CONGRESSIONAL RECORD-HOUSE. 1499 

PUBLIC BUILDING AT KAL.lli.A.ZOO, 1\IICH. 

1\lr. OWEN, from the Committee on Public Buildings and Grounds, 

reported, as a substitute for the bill (H. R. 3142) a bill (H. R. 11110) 

for the erection of a public building at the city of Kalamazoo, Mich. ; 

which was read a first and second time, referred to the Committee of 

the Whole House on the state of the Union, and, with the accom- panying report, ordered to be printed. 

House bill 3142 was, by unanimous consent, laid on the table. 

1\IRS. S. C. GOODIN. 

Mr. CONGER, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 10470) granting a pension to Mrs. S.C. 

Goodin; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

FREDERICK BISCHER. 

1\Ir. CONGER, from the Committee on Invalid Pensions, also re- ported back favorably the bill {H. R. 10923) granting a pension to 

Frederick Bischer; which was referred to the Committee of the Whole 

House on the Private Calendar, and the accompanying report ordered 

to be printed. BEN J .A.l\IIN F. HILLIKER. 

Mr. MORRILL, from the Committee on Invalid Pensions, reported a bill (H. R. 11111) granting an increase of pension to Benjamin F. 

Hilliker; which was read a first and second time, referred to the Committee of the Whole House on the Private Calendar, and, with the ac- companying report, ordered to be printed. 

1\IRS. LYDIA BURDICK. 

Mr. LOVERING, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 9664) placing the name of Mrs. Lydia 

Burdick on the pension roll; which was referred to the Committee of 

the Whole House on the Private Calendar, and the accompanying report 

ordered to be printed. 

MOSES WILLIAMS. 

Mr. PIDCOCK, from the Committee on Inva.lid Pensions, reported 

back with amendments the bill (H. R. 9928) granting a pension to 

Moses Williams; which was referred to the Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

WILLIAM F. RANDOLPH. 

l\1r. PIDCOCK, from the Committee on Invalid Pensions, also re- ported back favorably the bill (H. R. 9242) granting a pension to 

William F. Randolph; which was referred to the Committee of the 

Whole House on the Private Calendar, and, with the_accompanying 

report, ordered to be printed. 

EDWARD WILLIS. 

Mr. PIDCOCK, from the Committee on Invalid Pensions, also reported back with amendments the bill (H. R. 6507) granting a pension 

to Edward Willis; which was referred to the Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

ADVERSE REPORTS. 

1\Ir. PIDCOCK, from the Committee on Invalid Pensions, also reported 

back with adverse recommendation Senate bills of the following titles; 

which were severally ordered to be referred to the Private Calendar, and, 

wit.h the accompany reports, printed; namely: 

A bill (S. 2267) granting an increase of pension to Lanrinda G. Cummings; 

A bill (S. 2488) granting a pension to John B. Fnller; and 

A bill (S. 2485) granting a pension to Robert Boyd. 

PALMER G. WOOD. 

l'tfr. McKENNA, from the Committee on Claims, reported back favorably the bill (H. R. 5918) for the relief of First Lieut. Palmer G. Wood; 

which was referred to the Committee of the Whole House on the Private 

Calendar, and, with the accompanying report, ordered to be printed. 

A. C. BRADFORD. 

:Mr. McKENNA, from the Committee on Claims, also reported back 

with favorable recommendation the bill (H. R. 5919) for the relief of 

A. C. Bradford; which was referred to the Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. .A.. P. SWINEFORD. 

l'tfr. GALLINGER, from the Committee on Claims, reported back 

with favorable recommendation the bill (H. R. 9766) for the relief of 

A. P. Swineford; which was referred to the Committee of the Whole 

House on the Private Calendar, and, witl1 the accompanying report, 

ordered to be printed. 

Al\lliRIC.A.N li'ISHERIES. 

l\1r. FARQUHAR, from the Committee on Printing, reported ba-ck a concurrent resolution providing for the printing of additional copies 

of the report of the Senn.te Committee on Foreign Relations touching 

the American fisheries; which wa.'5 referred to the -Committee of the 

Whole House on the state of the Union, and, with the accompanying 

report, ordered to be printed. 

REPORT "OF THE COl\lliiSSIONER OF .A.GRICULTTJRE FOR 1887. 

Mr.BARKSDALE,fromtheCommitteeonPrinting,alsoreportedback 

with amendments the joint resolution (H. Res. 238) authorizing the 

printing of the annual report of the Commissioner of Agriculture for 

the year 1887; which was referred to the Committee of the Whole House on the state of the Union, and, with the accompanying report, ordered 

to be printed. 

SALARY CIVIL SERVICE COl\Il\IISSIONERS. 

1\fr. MITCHELL, from the Select Committee on Reform in the Civil 

Service, reported back favorably the bill (H. R. 10222) fixing the salaries off the Civil Service Commissioners at$5,000per annum; which was referred to the Committee of the Whole Honse on the state of the Union, 

and, with the acoompanying report, ordered to be printed. 

QUARANTINE STATION, SHIP ISLAND, 1\IISSISSIPPI. 

l'tlr. IRION, from the Committee on Commerce, reported back favorably the bill (S. 3157) to authorize the removal of the quarantine station from Ship Island, Mississippi; which was referred to the Committee 

of the Whole House on the state of the Union, and, with the accompanying report, ordered to be printed. 

UNITED STATES COURTS, NORTHERN DISTRICT OF IOWA. 

l'tlr. HEPBURN, from the Committee on the Judiciary, reported, as a substitute for H. R. 10823, a bill (H. R. lll12) to fix the times for 

holding ct:-cuit and district·courts of the United Statesin the northern 

district of Iowa; which was read a first and second time, referred to the 

Honse Calendar, and, with the a~companying report, ordered to be 

printed. CAPRON COLLECTION OF J .A.P .A.NESE ART WORKS. 

Mr. SINGLETON, from the Committee on the Library, reported 

back favorably the bill (S. 1772) providing for the purchase of the 

Capron collection of Japanese works of art; which was referred to the 

Committee of the Whole House on the state of the Union, and, with 

the accompanying report, ordered to be printed. 

ORDER OF BUSINESS. 

The SPEAKER. The hour for the consideration of bills begins at 

one minut-e before 2 o'clock. The call rests with the Committee on 

Expenditures in the State Department. 

The call proceeded without any measure being called up by the Com· 

mittees on Expenditures in the State Department, on Expenditures in 

the Treasury Department, on Expenditures in theW ar Department, on Expenditures in the Navy Department, and on Expenditures in the 

Post-Office Department. 

The Committee on Expenditures in the Interior Department was 

called. 

]t1:r. WEAVER, of Iowa. I ask Una.nimous consent that the Com-. mittee on Expenditures in the Interior Department be passed over in 

this call without prejudice, a matter having been referred to that com· 

mittee which we have not had time to fully consider. 

The SPEAKER. The gentleman from Iowa asks unanimous consent that the Committee on Expenditures in the Interior Department 

be passed over, not to lose its place in this call. 

There was no objection. 

The Committee on Expenditures in the Department of Justice was 

called. 

lli. HiliMOND. I am directed by the Committee on Expenditures 

in theDepartmentof Justice toreportaresolution, which I send to the 

desk. 

The SPEAKER. Has the resolution been heretofore reported from 

the committee? 

Mr. HAMMOND. No, sir. 

The SPEAKER. The Chair will cause the rnle to be read. This is 

a call of committees for the consideration of measures which have been 

reported on a previous day. 

Mr. HAMMOND. The bill has been heretofore reported, and we desire to have a resolution adopted fixing a day for its consideration. 

The SPEAKER. The committee can call up the bill for considera· 

tion. 

CO:\U'ENS.A.TION OF UNITED STATES .A.TI'ORNEYS, l\I.A.RSH.A.LS1 ETC. 

Mr. HAMMOND. I call up the bill (H. R. 6977) relating to the 

compensation and duties of United States attorneys, · marshals, and 

commissioners, and for other purposes. 

The SPE.AKER. When was the bill reported? 

l'tlr. SPRINGER. During the last session. 

:?tlr. HAMMOND. On the 17th of March, 1886. 

The title of the bill was read. 

1\Ir. HAMMOND. I ask whether it would now be in order to move 

to postpone the consideration of that bill until a fixed day? 

The SPEAKER. It would if the House entered upon the considera· 

tion of the bill. If the bill is in the House the motion to postpone is 

in order. 
1500 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

M:r. HAMMOND. The bill is in Committee of the Whole House on the state of the Union, and has been considered in Committee of the 

Whole. ~ 

The SPEAKER. Then a motion to postpone is not in order in the 

House, because the bill is in Committee of the Whole House on the state 

ofthe Union. 

Mr. HA.MMO~D. I move that the House resolve itself into Committee of the Whole House on the state of the Union for the consideration 

ofthis bill. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the Whole on the state of the Union (Mr. McMILLIN in the chair). 

The CHAIRMAN. The House is in Committee of the Whole for 

the consideration of the bill (H. R. 6977) relating to the compensation 

and duties of United States attorneys, marshals, and commissioners, and 

for other purposes. 

M:r. HAMMOND. This bill has been considered heretofore for an hour and a quarter, and there was some general debate upon it. The 

principle of the bill is to have the compensation of United States marshals and attorneys hereafter made by salaries instead of by specific 

fees. It also affects the fees of United States commissioners. An effort 

has been made by the bill to classifY these officers and :fix their fees.' 

I do not know very much about the details of the bill because I was not present all the while at the time when it was considered in committee, but I call it up now because of the absence of the chairman of 

the committee, and at the request of the committee. If we undertake 

to ta.ke up this bill by sections and grumble over the specific items of 

compensation to individual officers throughout the United States, it 

will be impossible to pass the bill during the two hours allotted to us. Mr. REED. I suggest to the gentleman from Georgia to save time 

that he withdraw the bill, because I shall insist on that course being 

nursued. 

~ ~fr. HAMMOND. I do not know that the gentleman from Maine 

speaks the voice of the House in that particula1·. 

Mr. REED. It requires unanimous consent, and therefore I do speak 

the voice of the House. · 

Mr. HAMMOND. What requires unanimous consent? 

Mr. REED. That you refrain from reading the bill paragraph by 

paragraph. 

Mr. HAMMOND. I made no such proposition. 

Mr. REED. But such must be the case unless unanimous consent 

is granted, ru:td I do not propose to grant it. . Mr. HAMMOND. I stated if opposition was made upon each individual office and there was no real purpose to adopt this plan of course the bill would be defeated; but if the House is disposed to adopt that 

plan and is willing to concede that a bill even not perfect-if you please 

quite imperfect-might be passed and adjusted hereafter by the Senate 

or in a committee of conference, then we can make some progress with 

this bill. If we can not do it in that way I concede the two hours will 

not be perhaps wasted, but will not bear any fruit toward legislation. 

Gentlemen in that time may give good reasons however for the bill, and 

if no other good is done it may pave the way for this plan or some better 

plan in the next Congress. It is certainly true that at present there is 

great complaint of the fee system inmanyquartersofthecountry, perhaps in every quarter, and it is certainly true that some remedy should 

be applied. 

This House has passed a bill very similar to this heretofore. The 

House has indicated in various reports of its committees in this Congress and in prior Congresses a disposition to have such legislation. 

Whether we can have it now, of course, will depend on the opposition 

that this bill will meet. 

:Mr. REED. If the gentleman will permit me, I made the observations which I did make in the interest of the public business, and in 

response to what I supposed was the suggestion of the gentleman from 

Georgia [M:r. HAMMOND]. I made it because I think the Judiciary _Committee have matters of importance to present in case this bill 

should fail. The gentleman from Georgia [Mr. HAMMOND] has already 

indicated the circumstances under which he thinks it may fail, and I 

say to him that it seems to me that those circumstances exist, and that, 

therefore, the wisest course would be to proceed to some of the other 

valuable measures which the Committee on the Judiciary are doubtless 

prepared to present. 

Mr. HAMMOND. It so happens, Mr. Chairman, that the gentleman from Maine [Mr. REED] does not know what committee is before 

the House. This bill is not from the Committee on the Judiciary; it 

is from the Committee on Expenditures in the Department of Justice, 

and it happens to be the only bill that we have. 

:Mr. REED. The only bill that the committee ha\e? 

Mr. HAMMOND. So far as I am advised. 

Mr. REED. Well, Mr. Chairman, I thought we had gone by the 

Committee on Expenditures in the Department of Justice, and were beginning over again; and seeing the gentleman on his feet who ordinarily represents the Judiciary Committee and, as my friend from 

Ma.ssachusetts [Mr. LONG] suggests, represents it so well, I naturally 

supposed that the bill came from that committee. 

Mr. HAMMOND. Mr. Chairman, to test the sense of the committee on this subject I move that the committee now rise and report the 

bill to the House with the recommendation that a day be fixed fcJr its 

consideration. 

Mr. ROGERS. Ihopethegentlemnn from Georgia [Mr. HA11I.YO~D] 

will allow me two or three minutes before that motion is put. 

Mr. HAMMOND. Certainly. I yield five minutes to the gentle- man from Arkansas [1\Ir. RoGERS]. 

Ur. ROGERS. Mr. Chairman, I have given the subject-matter of 

this bill and the bill itself most careful consideration, and I should not 

hesitate to let it come forward now for discussion if I had present the 

papers and documents that I desire to use in the discussion; but I want 

to advise the House now that whatever defects may arise under the 

system by which our courts are at present carried on, this bill is an hundred-fold more inequitable and unjust in almost every provision o1 

it than that system. 

Mr. REED. Hear, hear. 

Mr. ROGERS. I have undertaken to consult the officers of the Department of Justice in relation to this bill-! do not mean the Attorney-General of the United States, but those officers whose duty it is to 

audit the accounts of the marshals and district attorneys; I have submitted for their consideration several of tlte provisions of this bill in 

order that I might be enabled, in furtherance of what seems to bo the 

desire of many persons, to do something to perfect the biH; but I had 

rather undertake to make two bills than to perfect this one. It can not be done. It is impossible to take up this bill and examine it without almost impeaching the motives of the committee tbat reported it, so unjust and inequitable are its provisions. 

Mr. REED. Striking out the enacting clause would perfect it. 

[Laughter.] 

Mr. ROGERS. Yes, Mr. Chairman, I adop~ the suggestion of the 

gentleman from Maine [Mr. REED]. Striking out the enacting clause 

of the bill would perfect it, and that is the only thing that would perfect it, except the adoption of a substitute. 

Therefore I do hope that in these closing days of this session of Congress, with so much important legislation demanding the attention of 

the House, we will not fritter away any of our limited time in the con- sideration of a measure of this sort, the only offspring of a committee 

of the Forty-ninth Congress, a measure which this House, when it comes to understand it, must repudiate as utterly spurious and incapable of carrying into effect the purposes for which it is intended. I hope 

that we shall not consume any time now in considering this bilJ. I 

do not know but what, if we had time and the committee would sit 

down to perfect the bill in the light of the facta as they exist all over the country, I would undertake to support the principle involved in it, 

though even that is doubtful-exceedingly doubtful. But I do not 

wish to embark now in that undertaking. I simply want to say, in 

conclusion, that after a careful, painstaking study of the subject, with 

the view of correcting the evils in the present system, of which complaint is now made, I am convinced that the existing system is in:fi.-

nit~ly better than that proposed in this bill, and that the bill ought not 

to be considered or allowed to consume any of the time or attention of 

the House to-day. 

~fr. SPRINGER. Mr. Chairman, I regret to hear the gentleman 

from Arkansas [Mr. RoGERS] declaim so violently against the provisions of this bill. He speaks of the accounting officers of the Department of Justice. I happen to know something about those officers as 

well as the gentleman. During the la.st Congress I was a member of a committee which reported a bill very similar to this, and that bill was taken by me, in person, to the Department of Justice. Every man in 

that Department at that time who had anything to do with the auditing of the accounts of these court officers was present; every line of the 

bill was read and examined in tb,eir presence, and, with the amendments which they suggested and which were accepted, the provisions 

of the bill met their cordial approbation. 

Mr. ROGERS. If the gentleman will permit me, I simply want to 

state that this is not the Springer bill; it is not substantially the Springer 

bill. 

Mr. SPRINGER It is, except in so far as changing some of the salaries is concerned. 

1r1r. ROGERS. That is the whole bill. 

Mr. SPRINGER. That is a mere matter of detail which can be regulated in the committee when the bill comes up. The smallest question presented in the bill is whether the district attorney in one locality 

should have more money than the district attorney in another. That 

is a mere matter of detail. 

Mr. REED. The gentleman is correct. The principle is so utterly 

wrong that these questions of detail sink into insignificance. 

Mr. SPRINGER I know the gentleman from Maine meets the 

proposition upon the broad ground that fees should be given to officers 

instead of salaries. That is the ground on which the bill ought to be 

met-not that of my friends here who think the salaries have not been 

rightly distributed. The only opposition that can be offered to this 

bill properly and with consistency is an opposition based upon the claim 

that the fee system for the payment of marshals and United. States attorneys should be perpetuated. 

Mr. REED. I think the gentleman from Illinois [Mr. SPRINGER] 
1887. CONGRESSIONAL REOORD-HUCJSE. 1501 

misunderstood my remark. I meant that the principle of this bill is so thoroughly bad. 

:Mr. SPRINGER. I know the gentleman means that. But the principle of this bill was passed upon in the Forty-eighth Congress, when we an opted by an almost unanimous vote-there were only six or seven votes in the negative-an amendment to an appropriation bill embodying this principle; but the Senate rejected that amendment, not be- cause they were opposed to the principle, but because they objected to 

legislation upon an appropriation bill, and therefore declined to con- sider it. 

We have the testimony of every Attorney-General who has considered this question-especially the Attorney-General under the last 

administration, l.ir. Brewster, and the present Attorney-General-in 

fact of all the officers in the Department of Justice in this administration as well as the last administration, that the fee system as now practiced for the payment of United States marshals and district attorneys is the worst system of paying public officials that can possibly be 

devised. It continually offers to our officials a premium to prosecute 

persons merely for the sake of getting compensation, and not for the 

purpose of enforcing the law or punishing criminals. This system has 

caused expenditures in some of the States to be run up to an enormous extent. I refer again to an incident that occurred in the State of 

Texas a few years ago, when the United States marshal, in order to 

swell the volume of his fees, caused every voter in one county to be 

snbprenaed as a witness, and brought 50 or 60 miles to another county 

to appear in a case on trial in a United States court. The judge in 

that case testified before the committee of which I was a member that 

five witnesses would have been sufficient to prove every disputed point 

in the case. .A. M~ER. Where was that? 

Mr. SPRINGER. In Texas. Over two thousand persons were subprenaed in one case, and brought upon the cars a distance of 40, 50, or 60 miles to testify as witnesses. It also appeared in evidence that in one county in the State of Alabama every male inhabitant over the age 

of twenty-one years had had his tum at the marshal's mill; had been 

indicted and taken a long distance for the purpose of being tried, and 

/that not one conviction resulted. · Mr. BUCHANAN. Does the gentleman say that every male inhabitant of the county was indicted? 

Mr. SPRINGER. Every male inha.bitant above the age of twentyone years. 

Mr. BUCHANAN. Then who composed the grand jury? 

Mr. SPRINGER. The grand jury did not sit in that county, but in a remote part of the State, where the United States court was held. It 

appears in all these cases that these prosecutions, begun for the sake of 

the fees, are instituted at points as remote as possible from the place 

where the trials are to be held. 

Mr. W .A.RNER, of Missouri. I will ask the gentleman whether it 

is not a fact that these fees of marshals and United States attorneys 

have been increased during the last year? 

Mr. SPRINGER. I do not ~ow. I presume that if they do their 

dnty they ought to bring a great many prosecutions. But I can cite 

the fact that in the southern district of Illinois all the expenses of the 

United States court have decreased under this administration from 

$75,000 to $50,000, simply because the Attorney-General and the district attorney put a stop to these prosecutions for trivial offenses. 

If gentlemen will consider this bill fairly and candidly they will 

:find that it will give proper remuneration to every district attorney and 

marshal in the United States. It will provide for the proper and vig- orous enforcement of the law, but will in no case offer a premium to a public official to use the great power of this Government for judicial 

oppression and to swell his own emoluments. This system has grown 

to such an extent that even its friends are compelled to admit, and do 

admit in every case where the facts are brought to their attention, that 

the fee system is corrupting in its tendencies· and does not result in a vigorous and wholesome enforcement of the laws. 

I hope this bill will be put in some position under the rules of the 

House where it can be considered by sections, and the details of it, to 

which the gentleman from Arkansas refers, shall be perfected, and the 

bill passed. · 

:Mr. HA.MUOND. I now yield five minutes. to the gentleman from 

Colorado [Mr. SYMES]. 

Mr. SYMES. Mr. Chairman, the point I desire to make in regard 

to this bill is that it is one of the most important measures that can be brought to the attention of this Honse. It proposes to graduate 

the salaries of all the district attorneys of the United States. 

It proposes to establish salaries in lieu of fees for all United States 

marshals in this country. It proposes also .to regulate the summonsing 

of witnesses. 

Sir, it is a bill that this House can not properly consider, after the 

attention of members has been brought to it, in less than two or three 

days and do any justice to the subject. And are we asked at this late 

day of this short session to take up this bill during the second morning 

hour and supersede with it a system that has somewhat become a growth 

in this conn try after an operation of near a hundred years? 

Sir, I a.'ll not standing here to combat any of the positions or statements of fact on the part of the gentleman from lllinois, or the posi· 

tion ·assumed by the gentleman from Georgia. I am only standing 

here, sir, pleading to this House not to make the mistake of attempting to substitute for that old system, although it is very defective, a crude, new measure that may prove to be twenty times worse. Why, sir, w~en we come to examine this bill we find that a district 

attorney in some districts has $5,000 salary while the work that he is 

called upon to perform is not 25 per cent. of that for which a salary is 

fixed in another district where the attorney gets half of that sum. So 

it is also with United States' marshals; and so it is also in regard to 

other' crude statements we find in the bill, and what I desire to impress 

upon the House is that nothing can be done now to perfect a bill of this 

importance in the short time allotted for this discussion, and to undertake to do so would do injustice and lead to extravagance in regard to 

these questions pertaining to our judicial system. The only way to ar- rive at a correct solution is to let the intelligent lawyers of this House 

put their minds to it and consider the matter in Committee of the Whole 

for two or three days at least. 

Mr. HAMMOND. The objections made to this bill are simply to 

the details, excepting in the case of the gentleman from Maine [Mr. REED~' who has stated in a colloquy on the floor of the House that 

the ' principle of the bill" is not good. As I understand him, he 

thinks the fee system is better than the salary system; that, therefore, 

is the issue to be decided upon this motion. If we can set apart a day 

for the consideration of this bill it can be discussed and fairly considered by paragraphs and adjusted to suit the views of different gentlemen. I am free to say that I care not one copper about the salary in any 

district. If we can establish the system of salaries instead of fees, the 

details of such a system can be arranged in the future. I am willing 

tbatmy friend from Arkansas [Mr. ROGERS] shall present his own bill in 

all particulars, or I will take the Springer bill or any bill that the House 

shall pass which will establish the principle that the fee system shall 

be abolished and the salary system substituted in lieu thereof. 

Do gentlemen know all the evils that grow out of this fee system? 

I believe I once before stated on this floor as illustrative of this measure what occurred in my own State in a colloquy between myself and a gentleman from Northern Georgia. He was a leading local politician, but 

his counties had not been voting, as I thought, correctly. I asked him, 

''Why do you not stir up the people and make them better Democrats?'' 

He said, "What issue shall I present?" Jocosely I remarked, ''If you can do no better, crush out the United States court there, which has 

got some six hundred or eight hundred people waiting until some pay 

the costs of prosecutions against them," for they do not always punish 

them, they just let them plead guilty and pay the costs. He said, 

"Yon do not know what you are talking about. That United States 

court is worth more to the section in which I live than any crop we raise. We get 10 cents a mile for coming to attend the court andreturning home and $2 a day while we stay, and that pays us a great 

deal better than anything we can do at home.'' 

That man told the plain truth. Within the past yeara in the north- ern district of Georgia over four hundred men pleaded guilty to violations of the internal-revenue laws, and were sent home on their own recognizances. The law was not enforced any further than the collec- tion of the costs. I do not know that gentlemen have been influenced 

by improper motives. But it is human nature that men shall be influenced to make improper arrests and to prefer improper indictments 

where their bread depends upon the quantum of litigation. It seems to me we should elevate the standard of those officers. We would 

make matters much better by selecting men of integrity, pay such salaries as such men should have, and not leave them at liberty to scour 

the country in order to make their livings by pretended execution of 

the law. When I speak of the northern district of Georgia I do not mean to say that the officials in that district have been worse than the 

officers elsewhere. So far as I know they have not. I believe that 

there are more violations of the internal-revenue laws in the northern 

district of Georgia by large odds than there ought to be. There ought 

to be none. But I have no idea that one man out of five who has been arrested 

for violation of the internal-revenue system was guilty. I have no idea that one in five was arrested solely because therewas a. good prima 

facie case against him. Nor is this any worse under one administration 

than another. It was bad under the old administration; it is as bad, so far as I know, under the new. The same causes will produce like 

effects always. 

All I desire is that the House shall by a vote express whether we intend to change the fee system to the salary system. If we do not of course it is folly to discuss the details of this bill. Whether we do or do not it is folly to pursue it only in this hour and the next. If we intend to make the change we need a day in which to do it. If we do 

not, let the proposition be mane for a day to consider, and let it be 

voted down, and thus end the battle. 

]4:r. REED. I do not know that it is possible to get the attention of 

the House even to a brief statement of the reasons why I regard this 

bill as vicious in principle. I think it had its origin in one of the most 

fatal sources of mistake in legislation, namely, the attempt to legislate 

, 
1502 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

on account of certain abuses which have arisen under existing law. 

Men have been fued by such statements as have been made by the gentleman from Dlinois [Mr. SPRINGER] as to transactions in remote 

counties of Texas and by such exceptional instances as have been illustrated by the gentleman from Georgia, and the House and its members 

without considering tbe principles which underlie the proposition have 

by their eagerness to destroy abuses been led away to destroy also a 

valuable system. 

Now why is it that the United States Government ought to pay fees 

for work which is done? It is because crimes have their own stimulus, and especially crimes against the United States. They almost all 

of them involve valuable pecuniary results. l'lfen, therefore, are interested to commit such crimes, and in order to prevent them the United 

States must make it for the interests of its officials to look them up and 

to destroy them. 

You will say, why is not that the fact with regard to county attorneys and to sheriffs in States? If you will consider a moment you will 

perceive that the crimes against the State and the crimes against the 

United States are entirely different in their character. Crimes against 

the State are crimes which are under the common law, and every lawyer knows that crimes which are punished by the common law have 

in their punishment and in their detection the support of every individual in the community. The officers of the law are there sustained 

by a vigorous and healthy sentiment, whereas the crimes against the 

United States are not those which are universally recognized as moral 

criminal ties. 

The whole community is awake to detect murder and to punish theft. 

But what community ever bestirred itself against frauds on the internal 

revenue, against moonshine distilleries, against smuggling, against a hundred things which are crimes against the United States? What, 

then, do you need in order to bring your criminals against the United 

States laws to detection? You need to have the officials stimulated by a similar self-interest to that which excites and supports and sustains 

the criminal; and if you should remit them to salaries with the com- munity uninterested, unexcited in the detection of crime, the result 

would be an increase of evasions of the law, an increase which you could 

not prevent, and which in their total results would be much more disastrous than the matters which were related by the gentleman from 

illinois, even if they were true, which I believe they are not. 

.And this is not a mere matter oftheory. We have got an example in 

the history of this country. Years ago the merchants of New York, 

under an excitement very much like that which caused the inception 

of this legislation, came over here and caused the repeal of the moieties 

act; took away from the United States officials the pecuniary rewards 

which they received for smuggling. .And what is the result? The 

undervaluations of importations have been so great and the criminalities have been so astounding that almost every honest American importer has been driven out of the field, and importations are made by 

the agents of foreign countries that come here and gather their tremendous revenues out of the United States and then go home and live 

among the communities which they honor by their presence. I say 

that that answer to the clamor which was made about the abuses of 

the moieties act has cost the Government of the United States millions on millions, and has driven hundreds of honest men out of the busi- ness of importing goods into the country. .And now this same class of 

statesmen propose to destroythe enforcement ofthe laws oftheUnited 

States within the realm after lli1oving nearly destroyed the enforcement 

of them upon the borders. 

Mr. HOUK. I would like to ask the gentleman from Georgia a 

question. 

?Yir. HAMMOND. I will hear the gentleman's question. 

l'!fr. HOUK. I :find no provision made in the bill for the western 

district of Tennessee. How is this? 

Mr. HAMMOND. That is provided for in the general clause "all 

others.'' 

Mr. REED. One other observation I wllih to direct to the gentle- man from Georgia [Mr. HAMMOND], and that is this: His present 

motion is not in order until after we have gone through the bill; therefore he will see the hopelessness of undertaking to have this bill con- sidered at this time: 

?Yir. HAM:MOND. I was not aware that the point of order was made. 

Mr. REED. No point of order can be made until the proposition is 

submitted. -

Mr. HAMMOND. I yield now to the gentleman from Alabama [l'lfr. 

HERBERT]. 

l'lfr. HE.RBERT. The gentleman from Maine [1\fr. REED] closed 

what he had to say in opposition to the principle of this bill by an allusion to the repeal of the moiety act. I do not understand that there 

is .any clamor anywhere for the restoration of that act. Nowhere is 

there any desire or purpose to restore it, and to my mind, sir, however 

the gentleman from Maine may reason, the general acquiescence in the 

wisdom of repealing that law shows that public opinion has settled 

down in favor of' the principle of this bill rather than against it. The 

gentleman says also that there ought to be. a sufficient inducement to 

execute the law, because otherwise the· marshals will fail to do it. I 

think aregular and goodsalarywill be sufficient inducement,. when we 

consider that marshals, like other officers of the United States, are, practically, removable at the pleasure of the appointing power. They will 

execute the law in order that they may retain their salaries. 

l'lfr. REED. Do you think that would be sufficient in a ''moonshine" district? 

Mr. HERBERT. I certainly do. 

Mr. REED. .Then I must say yon have more confidence in some people than I have. 

:Mr. HERBERT. I have confidence not that everybody will refrain 

from violating the law, but that the agents of the Government appointed 

to detect and expose violations of law will do so faithfully. 

l'lfr. REED. And yet those same agente in whom you have so much 

confidence have betrayed us, according to the gentleman from Illinois 

[Mr. SPRINGER], into the most terrible excesses. l'lfr. SPRINGER. Those were appointed under the former administration. 

l'lfr. REED. Almost aU the appointees of the former administration 

have been retained by the present administration, and therefore have 

the indorsement of the Democratic party. [Laughter.] 

Mr. SPRINGER. The marshals have been changed. 

Mr. REED. We are all agreed about the present lot being perfectly 

good. 

Mr. SPRINGER. No, I do not agree to that. 

Mr. HERBERT. Mr. Chairman, we have agents of the Post-Office 

Department, agents of the Internal-Revenue Department, agents of the 

General Land Office; it is the business of all these different classes of 

agents to investigate and report offenses against the laws of the United 

States, and the system has been found to work well. As I before said, 

when we take into consideration the fact that there exists the power of 

removal-instantaneous removal-if an officer fails to do his duty, it 

seems to me that Attorney-General Devens and Attorney-General Brewster and Attorney-General Garland, and, so far as I know, every officer 

connected with the Department of Justice for the last ten years who 

has had anything to do with passing upon the accounts of these officials, 

have not been mistaken in favoring such a change as is proposed by 

this bill. If there be any one thing in which Congress ought to take 

the opinion of executive officers as authoritative it is a matter like this. 

We have not the time, amid all our various duties, to stop to investigate and ascertain the facts for ourselves; but whenever we do, whenever we look into the matter, we :find that cases of abuse of the law are not, as the gentleman from Maine [Mr. REED] says they ru·e, exceptional, but that such cases exist in all sections, North and South, East 

and West. Abuses have been shown under the Republicans and Democrats. It is but .natural that the same temptations tend in greater or 

less degree towards the same results. The law ought to be so framed 

that there would be no temptation to do wrong. 

[Here the hammer fell]. 

Mr. HAMMOND. I yield now ten minutes to the gentleman from 

West Virginia, the chairman of the committee reporting this bill. I did 

not know that he was present when the bill came up. 

Mr. GIBSON, of West Virginia. l'lfr. Chairman, I did not ex:pectto 

be present when this bill should be before the House at this session, and 

therefore by an arrangement on the part of the committee the gentle- man from Georgia [Mr. HAMMOND] was given charge of it; but I happen to be present to-day, and, feeling a great interest in the subject, I 

desire to express some opinions with regard to the provisions of this 

hl~ • 

I do not think that I hazard anything when I say that all the machinery of the Department of Justice connected with the Federal courts 

has been for years "run" in such a way that instead of promoting justice it has been a means of oppression throughout this country from one end to the other. There is scarcely an abuse in connection with 

private suits or with corporate suits, -where the officials of the Federal 

courts could get a hold, that has not been practiced, and the people 

have been ground and taxed by oppressive costs levied for the purpose 

of accumulating fortunes for the officials connected with those CDurts. 

I hazard nothing when I say that there is scarcely a State in this Union 

where the officials of the Federal courts have·not run up the costs of 

their one or two courts to more than the costs of all the State courts. 

My statement in relation to this matter is made from investigation, not 

only in my own State but in other States. 

'l'he object of this bill i."l to remove from the officers of these courts 

the temptation and the opportunity for corruption and oppression, and 

at the same time to limit them in their power and direct them in their 

duties. What State in this Union holds out a reward to those who 

conduct its prosecutions and fixes their compensation in proportion to 

the number of prosecutions they bring? What other law in this country 

sustains or encourages such.,a system? 

The gentleman from 1\faine talks about smuggling and violations of 

the revenue laws. Why, surely the gentleman knows that smuggling 

has no relation to the internal-revenue laws. Surely he knows that 

those who follow his lead and believe in his theory will understand 

that this smuggling arises from a high protective-tariff system instead 

of from internal-revenue laws. Smuggling has existed under every 

government in the world where there were embargo laws and where . 

there was legislation unfriendly to the importation of foreign goods. 
1887. CONGRES.SIONAL RECORD-HOUSE. 1503 

Such things do not arise from internal-re-venue systeiDB. If the gentleman had ~ad history, and read it correctly, he would remember 

that at one time the British Crown itself wa.s threatened by reason of 

the embargo laws against the introduction of foreign goods; and that 

without regard to internal laws. 

Now, what this bill seeks is that the marshals and other officers, who 

stand to the Federal courts in the same relation as the sheriffs and other 

officers do to the State courts, shall be put upon the same footing with 

State officials, and paid for work done, not pay as a reward for oppression. Does not the gentleman know that under this internal-revenue 

system, in State after State, blank warrants have been issued, and marshals, furnished with these blank warrants, have gone out, arrested and 

brought in man after man, thus piling up the costs; passing commissioner after commissioner in oraer that fees and mileage might be accu- mulated? 

At the last session of this Congress a bill of this kind, in a much more restricted form, passed the Honse almost unanimously. At this session, 

this bill having been referreil to our committee, we thought, upon in- . -vestigation and advice from the Departments of the Government, that 

some of the fees were too small; so that the committee, seeking to act 

fairly and j nstly and liberally with officers of the Federal Government, 

raised the salaries of a great number of these officers in many of the 

States. 

The gentleman talks about the moiety system. Does he not know 

that the Natio~ Government condemned the moiety system, and the 

-very party that inaugurated it repealed the law after having observed 

its operations, because it induced fraud and corruption and oppression. 

If the present system is right, if it is right that these inducements 

should be held out, why was it that the moiety system became so offensive and oppressive that a Congress controlled by the Republican 

party repealed it? This system as we have it now is but the moiety 

system to a limited extent, but in a more oppressive form. The men who suff~red under the operation of the moiety system were persons of 

large means who did large business, and were able to fight the exa<ltions 

imposed upon them and the corruptions connected therewith. Under 

the present system the poor people at their homes, who are unable·to 

carry on a contest against these wrongs in the Federal courts, must submit to whatever is dictated to them and can not make any resistance 

whatever. 

If the majority of this Honse prefer to curb our own officers, appointed 

under our own administration, if we prefer to prevent them from using 

their offices for political purposes, what possible objection can there be on the part of the minority? Why, Mr. Chairman, I know that in my own State, containing less than 600,000 population, having had during 

the last ten years an average of only some 500,000, one-sixth to one- tenth of all the prosecutions in the United States were carried on; and 

during the whole time only 30 gallons of whisky were ever discovered or confiscated. I know that under this system, for the purpose of making fees for officers, our people were dragged from their homes; men, 

women, and children were arrested without cause; and it was a common sight upon the streets of our capital, where the Federal court was held, that women sat upon the street corners nursing their children 

while officers of the Federal court were at work for the purpose of making fees out of them. A gentleman, now a member of Congress, who 

was the district attorney of my State, knows of the wrongs under this 

system; and his sense of justice, his humane heart, compelled him in 

one single year, out of a thousand prosecutions and indictments brought 

before one court, to dismiss over seven hundred as being frivolous, and 

instituted simply for the purpose of accumulating fees. 

.Mr. GOFF. The gentleman is mistaken. Those dismissals were not 

made in a single year, but during a term of years. 

Mr. GIBSON, of West Virginia. The gentleman may be correct. I 

simply take the statement from the records of the Department of Justice 

and from the records of the Commissioner of Internal Revenue. 

Mr. GOFF. I do not know what records the gentleman alludes to, 

but I am familiar with the facts. 

1,1r. GIBSON, of West Virginia. Bot whether those dismissals were made in one year or two years--

Mr. GOFF. They were made during several years. 

bfr. GIBSON, of ·west Virginia. Or whether they were made during 

several years, I have correctly stated the aggregate amouut of dismissals as compared with the aggregate amount of prosecutions. Out of over a thousand prosecutions brought in a single court there were only twohundred-odd convictions. . 

The CHAIRMAN. The ten minutes of the gentleman from West 

Virginia have expired. 

Mr. HAMMOND. I yield five minutes to the gentleman from Maine 

[Mr. MILLIKE...~]. 

Mr. MILLIKEN. I do not know, :Mr. Chairman, that I shall desire 

to occupy as much as five minutes' time. I wish to say simply that I 

hope this bill, or something of the kind, will be enacted into a law. 

There is some force in the remarks made by my colleague, Mr. REED, 

that certain officers need the stimulus of fees in order to cause them 

to do their duty; but I think there are a great many more instances 

where the stimulus of fees causes them to go beyond their duties and 

mnke themselves, in certain districts, nuisances to the people. 

Now,.I know of an instance in my own vicinity, and where we are 

not law-breakers, for we do not need the use of marshals very often, 

where a poor fellow who had been in two wars fighting for his country, 

who had fought in the war with Mexico, and had bravely fought for 

the Union in the late war, when a circus was held attended it, and 

some one who had a booth asked him to attend to the booth for a few 

moments while he stepped out somewhere. He was there, perhaps, 

thirty minutes and sold a few cigars, not knowing the fact that. the man who kept the booth and for whom he was doing an act of accommodation had no license to sell, for he knew nothing whatever of the 

law. But having made the sale the United States marshal and the dis- trict attorney came 130 miles from the city of Portlandand had a grave 

trial into the facts of the case, and sentenced the poor fellow to a fine 

of $150 tbr that little act; and the only way he could rid himself of 

the payment of the fine was to pay these fellows their fees and get 

them out of the way. 

I know of another instance, which occurred within three months, 

where a postmaster had been informed by the Department that he wa.s indebted in the amount of $48. He sent in his accounts showing the 

Department that that statement against him was not true; and yet, 

without any notice whatever to him, they went through the accounts 

the second time, and found that he was indebted, ·according to their 

second statement, on this examination, to the Department in the amount 

of 17 cents; and he wa.s compelled to pay the 17 cents and, in addition, 

$4'9 in costs. And why? Because these officers desired their fees, and 

persecuted him like sleuth-hounds until they secured their compensa- tion. ' 

These are only a few instances, but many others might be cited. I 

do not believe it is necessary that the officers of the Government should 

be stimulAted by fees to do their duty. Do not officers perform their 

duty where they are paid salaries quite a.s well as in those cases where 

they are paid by fees? In fact they know that the positions they hold 

depend upon the faithful discharge of their duties, and while I have 

no doubt that some of them might be derelict, yet I venture to say that 

the instances are rare where men holding good Government positions 

with proper salaries are Willing to risk the chance of losing the position. Mr. GOFF. Will the gentleman permit me to ask him a question? 

Mr. :MILLIKEN. Certainly; several questions. Mr. GOFF. The suit to which you have referred against this postmaster was a civil suit for the reco-very, was it not? 

1,1r. IILLIKEN. The district attorney was directed by theDepartment to bring suit. 

:Mr. GOFF. Could such suit have been instituted except by direction of the Department at Washington? 

Mr. biiLLIKEN. I do not know, but I presume not. 

Mr. GOFF. The point I wish to make is this, that the gentleman 

should not visit his denunciations upon these officials when they are simply doing their duty-doing that which under the instructions of 

the Department they are compelled to do in obedience to their oath of 

office. . :Mr. MILLIKEN. I have noticed the Departments have great need 

for the services of the district attorneys to find out in certain localities 

what their duty is·. 

Mr. GOFF. The gentleman is entirely mistaken. The statute compels the head of a Department to institute suits for any balances which 

may be due the Department, whether they are little or great; and in 

such cases of course the district attorney is called into requisition in 

the interest of whatever Department the claim belongs to. 

lli. MILLIKEN. But I notice the district attorney is a very weighty man in the settlement of all of these matters. There seems to be an undue importance attached to his position. 

:Mr. WARNER, of Missouri. But he can only bring suits under the 

orders of the Department. 

Mr. GOFF. Of course; and he violates his duty if he does not bring 

suit under the instructions ofthe Department. This abuse of Government officers is therefore altogether uncalled for. 

])!r. SYMES. Except we are led to understand in West Virginia that 

there is a different state of affairs--

The CHAIRMAN. The hour has expired. 

The committee accordingly rose; and the Speaker having resumed the 

chair, :Mr. McMILLIN reported that the Committee of the Whole hav- ing had under consideration the bill (H. R. 6977) relating to the duties 

of United Btates attorneys, marshals, and commissioners, and for other 

purposes, had come to no conclusion thereon. 

ENROLLED BILLS SIGXED. 

Mr. FISHER, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: • A bill (H. R. 325) granting a pension to Catherine Waters; 

A bill (H. R. 3167) to restore the name of Lifurs Roberson to the pension-roll; 

A bill (H. R. 4028) granting a pension to Samuel Sawyer; 

A bill (H. R. 4097) for the relief of William J. Owings; 

A bill (H. R. 5091) to restore the name of Harvey Coburn to the pension-roll; 
1504 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

A bill (H. R. 5398) granting a pension to Mrs. Margaret Cashin; 

A bill (H. R. 5506) granting a pension to Emily Louisa Spicer; 

A bill (H. R. 6026) granting a pension to John Selby; 

A bill (H. R. 6069) granting a pension to Owen P. Wilson; 

A bill (H. R. 6523) granting a pension to Henry Roscoe; 

A bill (H. R. 7327) granting a pension to Anthony McRobertson; 

A bill (H. R. 7335) granting a pension to Michael Todd; 

A bill (H. R. 7352) granting a pension to Mrs. Sarah .Randles; 

A bill (H. R. 7390) granting a pension to David B. Caldwell; 

A bill (H. R. 7547) granting a pension to Livingston Clark; 

A bill (H. R. 7689) granting a pension to Caroline C. McNair; 

A bill (H. R. 7699) granting a pension to E. A. McFadden; 

A bill (H. R. 7716) granting a pension to Lizzie Brown; 

A bill (H. R. 7732) for the relief of Franz Rossrucker; 

A bill (H. R. 7748) granting a pension to John H. Stucker; 

A bill (H. R. 7911) g1anting a pension to Daniel Schultheis; 

A bill (H. R. 7983) granting a pension to Mrs. ·Anna Schier; 

A bill (H. R. 8002) to increa.se the pension of Loren Burritt; 

A bill (H. R. ~151) granting a pension to John P. McDonald; 

A bill (H. R. 3227) granting a pension to Seth Weldy; 

A bill (H. R. 8258) granting a pension to Waitie F. Harris; 

A bill (H. R. 8424) granting a pension to James H. Young; 

A bill (H. R. 8463) granting a pension to Elizabeth M. J. Meagher; 

A bill {H. R. 8601) granting a pension to James H. Butler; 

A bill (H. R. 8632) for the relief of Emily Luther; 

A bill (H. R. 8791) granting a pension to Sally W. Rice; 

A bill (H. R. 8847) for the relief of Phila Clark; 

A bill (H. R. 9004) for the relief of Caroline P. Bolton; 

A bill (H. R. 9009) granting·a pension to Mrs. Susan E. Barry; 

A bill (H. R. 9025) for the relief of Mrs. Sophia Sprain, .widow, and 

two minor children of Louis F. Sprain; 

A bill (H. R. 9026) granting a pension to Nirius Cissell; 

A bill (H. R. 9130) granting a pension to Sarah O'Brien; 

A bill (H. R. 9157) granting a pension to Grant E. Q. Lathermon; 

A bill (H. R. 9169) to place on the pension-roll the name of Charles 

T. Wornom; · A bill (H. R. 9247) granting a pension to Uary Grimes; 

A bill (H. R. .9250) for the relief of William B. Barnes; 

A bill {H. R. 9426) granting a pension to Betsey Cooney; 

A bill (H. R. 9443) granting a pension to Elizabeth M. King; 

A bill (H. R. 9444) granting a pension to Frederick Richmond; 

A bill (H. R. 9672) granting a pension to Clara M. Tannehill; 

A bill (H. R. 9862) granting a pension to Mary Jane Magoon; 

A bill (H. R. 10025) granting a pension to Clementine Hartinger;· A bill (H. R. 10082) to increase the pension of Margaret R. Jones; 

A bill (H. R. 10103) granting a pension to JI'Iinerva Abbey; 

A bill (H. R. 10104) granting a pension to Caroline L. Shedd; 

A bill {H. R. 10152) granting a pension to Ellen M. Sturtevant; · A bill (H. R. 10412) to authorize the construction of a high wagon 

and foot-passenger brid~e over the Mississippi River between the city 

of East Dubuque, in the State of illinois, and the city of Dubuque, in 

the State of Iowa. 

cm.Il\:UTTEE APPOINTMENT. 

The Speaker announced the appointment of Mr. RICHARDSON as a member of the Committee on Printing in place of Ur. REID, of North 

Carolina, resigned. 

CO~SIDEJlATION OF CLAIMS BILL. 

Mr. SPRINGER, by unanimous consent, submitted the following reso- lution; which was referred to the Committee on Rules: 

Resolved, That Friday, February 11, after the morning hour, shall be set apart for the consideration of Senate bill 26i3, "supplemental to a.n act to afford 

assistance and relief to Congress and the Executive Departments in the investigation of claims and judgments against the Government," approved 1\Iarch 3, 

1883, and amendments thereto. 

ORDER OF BUSINESS. 

Mr. BELMONT. I call for the regular order. 

The SPEAKER. The regular order is the unfinished business un- less the Committee on Foreign Affairs presents some business under 

the special order for to-day. . Mr. STEELE. I will raise the question of consideration for the 

purpose of callin~ up another special order. 

Mr. BELMONT. The House has assigned this day to the Committee on Foreign Affairs, and I think I shall be within the rules if I call 

up for consideration the billS. 2225. 

The SPEAKER. The Chair will state that a House joint resolution 

relating to the same subject as the Senate bill indicated bythe gentleman from New York is in Committee of the Whole Honse on the state 

of tfie Union. But the Senate bill to which the gentleman refers has never been reported baek to the Honse by the Committee on Foreign 

Affairs. 

Mr. BELMONT. The purpose of the Committee on Foreign Affairs was to take np the untiniehed business, being the joint resolution (H. 

P.es. 147). The committee has instructed me, as ita chairman, to call 

llp the Senate bill in its stead. It was my personal opinion that the 

better method would have been to discuss the Senate bill. 

The SPEAKER. But the Senate bill is still in the Committee on Foreign Affairs. The gentleman from New York hn.s a right to report 

it now if the committee has agreed to it. 

Mr. BELMONT. I desire first to consider the House resolution; 

and in order to do that I will ask permission to report the Senate bill 

now. 

The SPEAKER. The Committee on Foreign Affairs, under the 

order of the House, has the right to present any measure for consideration over which that committee has juriadiction. 

Mr. BELMONT. Under tho authority of the committee, I report 

back the bill which I send to the desk. 

The Clerk read the title of the bill, as follows: 

A bill (S. 2225) to indemnify certa in subjects of the Chittese Empire for losses sustained by the violence of a mob at Rock .. Springs, in the Territory of Wy· oming, in September, 1885. 

The bill was referred to the Committee of the Whole House on the 

state of the Union. 

Mr. BELMONT. I now move that the House resolve itself into 

Committee of the Whole House on the state of the Union. 

Mr. STEELE. I withdraw the question of consideration, because 

I think that is a bill which ought to be considered. 

The SPEAKER. The gentleman from New York moves that the 

House resolve itself into Committ€e of the Whole House on the state 

of the Union for the purpose of considering measures presented by that 

committee nnder the order of the House. 

The motion was agreed to. 

The Honse accordingly resolved itself into Committee of the Wholo on the state of the Union, Mr. McMILLIN in the Chair. 

The CHAIRMAN. The Honse is in Committee of the Whole for 

the consideration of the bill the title of which the Clerk will report. 

The Clerk read as follows: 

A bill (S. 2225) to indemnify certain subjects of the Chinese Emph·e for losses 

sustained by the violence of a mob at Rock Springs, in the Territory of Wyo- ming, in September, 1885. 

Mr. BELMONT. As I stated to the House a moment ago, I am instructed by the Committee on Foreign Affairs to ask that the bill the 

title of which has just been read be amended by substituting the Honse 

1

joint resolution (H. Res. 147). 

The Clerk read the proposed amendment, as follows: 

Strike out all after the enacting clause and insert as follows: 

That the sum of $147,748.74 be, and the sa.me is hereby, appropriated, out of 

any moneys in the Treasury not otherwise appropriated, to be paid to the Chi- nese Government, in consideration of the losses unhappily sustained by certain 

Chinese subjects by mob violence at Rock Springs, in the Territory of Wyoming, September 2, 1885; the sa.id sum being intended for distribution among the sufferers and their legal representative:;, in the discretion of the Chinese Goyern- ment. 

Mr. BELMONT. I had the honor to introduce this resolution at the 

last session of Congress, and believe it to be the most direct and creditable way of paying the indemnity. At the same time, to avoid any 

risk of further delay, I would prefer the adoption of the Senate bill, even in its present form, in order that this whole question might be at 

once disposed of as speedily as possible without the necessity at this 

late stage of the session of a disagreement and a conference with the 

Senate. But under instructions of the committee I now ask the House 

to consider the joint resolution which we had under consideration in 

May last. 

The Committee on Foreign Affairs unanimously 1·eported this resolution, and it also bas in its snpport a special message of the President, 

with accompanying documents, which have long been before the House. 

The committee considered the measure of such importance that it was willing to occupy the only two morning hours allotted to the committee 

during the last session. The general discussion which followed evidently showed a disposition on the part of the House to adopt the reso- lution. The debate, however, was, as it seemed at the time, unneces· 

sarily prolonged, the time expired for consideration, and the measure 

is unfinished business to-day, after a long interval. 

The dt>lay is very much to be regretted and the interests of the United 

States have not been benefited thereby. It has been a matter of sur- prise that such a measure should have been pending so long in the America~ Congress. But I think it just to the Committee on Foreign ·Affairs and to the Honse itself to say that the press of business, the 

immense number of measures before the Honse, both important and 

unimportant, and the difficulty of obtaining consideration under the 

rules has in reality been the reason for the delay. The Senate, however, comparatively free: of snch difficulties, has acted.. The Senate bill was passed in June. 

I do not know that it is necessary again to state to the House the circumstances attending the lamentable affair for which we are now asked 

to make reparation. On the 2d of September, 1885, there occurred at 

Rock Springs, in the Territory of Wyoming, the murder of twenty-eight 

inoffensive and defenseless Chinamen. The House rem em hers well that 

the persons engaged in the destruction of property and in the massacre of these Chinese were, as appears from the evidence, not citizens of the 

United States. They seem mostly to have been Welshmen and Swedes 

engaged in work upon the mines. The Chinese themselves were miners, 

and had lived peaceably alongside of their white competitors for seYeral 
1887. ·CONGRESSIONAL RECORD-HOUSE. 1505 

years, at the same rate of wages, about $3.50 per day. But there oc· currcd a strike for higher pay. The Chinese refused to join in the 

strike, and for this reason, and no other, they were attacked, twenty· 

eight of them were killed, a number of others were wounded, and their 

property was destroyed. Shortly afterward the scene was visited by 

the Chinese consul in New York and the Chinese consul in San Francisco, and, together with United States officials, as is stated in themessage of the President, an examination was entered into and an estimate was carefully made in regard to the property destroyed. That estimate 

is contained in the documents before the House, and it foots up over 

$147,000, the amount stated in the resolution. 

That is to say, the House resolution is for the exact amount estimated as the loss of property sustained, that amount being the basis of 

the claim made by the Chinese minister in Washington. It was upon 

his representat.ion that the message from the President was sent to the 

Honse. 

If any additional reasons were required to induce us to take action 

in this matter they would be found in the conduct of the Chinese au- thorities since this occurrence, and in the face of our delay in passing 

this measure of indemnity. I can cite two instances which have been 

made known through our diplomatic agents. In the Chinese city of 

Kwai Ping, about 450 miles from Canton, an American Presbyterian 

mission was established, under the control of Rev. A. A. Fulton. 

On the 4th of May, 1886, after tht" news had been received of the 

Rock Springs massacre, placards appeared in public plMes announcing 

that the'' foreign devils'' must go and theirbousesmnstbe destroyed. 

A few days afterward a mob of Chinese students and lawless soldiers 

did destroy the buildings of the American mission. When information 

of this occurrence was given to our minister he at once brought it to 

the attention of the viceroy in Canton1 and the result was that-I quote 

from the Chinese communication- 'the K wei Ping magistrate has 

been ordered to immediately investigate and to adjust satisfactorily 

and to give protection in reference to this affair." 

But a more striking instance is that of the American mission at 

Chungking. By the seventeenth article of the treaty of 1844, guaranteeing protection to Americans in China, it is provided that the local 

authorities of the two governments shall select in concert the sites for 

the foregoing public buildings (the habitations and buildings of the 

Americans), "having doe regard to the feelings of the people in the 

location thereof." Now, these missionaries had not acted in accordance with that provision of the treaty, but had set up their buildings 

in a locality where they were objectionable to tlle Chinese. Nevertheless when the buildings were destroyed tlle Chinese authorities 

took action similar to their action in the case of Kwei Ping, which I 

have already cited. In connection with this Chungking case I will 

ask the Clerk to read a communication addressed to the Secretary of ·State. 

The Clerk read as follows: 

No. 272.) LEGATIO~ OF THE UNITED STATES, 

Peking, December 17, 1886. 

Sm: I have the honor to report that the claims of the American missionaries 

for losses for acts of violence of a. mob at Chang-Kiang have been arranged on the 

basis stated in my dispatch No. 243, of date November 17, 1886. The amonnt to be paid in taels, 23,000. The information comes by telegram and wemusta.wait 

the details by mail. It is understood that the missionaries may return to Chang- Kiang, but not immediately. I have the honor to be, sir, your obedient servant, 

CHARLES DENBY. 

Hon. THOMAS F. BAYARD, 

. Secretary of State, Washing!on, D. 0. 

l!tfr. BELMONT. It is not necessary, Mr. Chairman, to refer to the numerous other cases cited in the report where the Chinese Government bas paid large indemnities to American citizens. They were fully 

discussed when this matter was before the House in Mav last. Nor can 

I believe that the example which has thus been set by the Chinese Governmentwillllave been given in vain; I have no doubt that tlle House 

will pass this measure. I shall say nothing more on the subject at present (for I know there are other gentlemen who desire to speak), but 

will reserve the residue of my time. · Mr. MORROW. Will the gentleman allow me to ask whether, after 

this bill has been disposed of, it is proposed to bring forward the bill 

that also came from tlle Senate providing amendments to tlle act re- stricting Chinese immigration. 

Mr. BEL~'[ONT. It is not. The gentleman, of course, will desire 

to know the reason. Mr. MORROW. I do; and I think the House and tlle country would 

like to know w lly you do not propose to place an effective restraint upon 

the immigration now coming into this country, contrary to the stipulations contained in the existing treaty. 

Mr. BELMONT. The members of the committee, wllen .this matter was before the House last session, declared in almost every instance 

their opinion that t!le i~aration of Chinese coolies sllould be prohibited; and I believe that is their opinion to-day. I do not know how 

far it would be proper to declare to the House what negotiations there 

may be pending on this subject; but there have be.en communications 

made to Congress which for a time were secret, but from which the seal 

of secrecy bas now been removed, and to those I can refer as indicating 

XVIII-95 

the disposition of the Chinese Government; and I can say that nothing 

bas changed in regard to the statements there made by onr late minister to China, Mr. Young. I refer to pages 43, 64, and 65 of Executive 

Document (confidential), Forty-ninth Congress, first session. We are 

assured in this correspondence that the Chinese Government does not 

desire to embarrass the relations with this country by a continuance of 

tlle immigration, and that there is a disposition to modify the treaty 

to bring about results much more effective than can possibly be ac- complished by legislation. Having that in view, the committee do not 

intend to bring up this matter to·day. 

Mr. LONG. That has nothing to do with tlle present bill. 

Mr. BELMONT. That has nothing to do with the present bill, excepting it might be said that if Congress should do this act of justice 

and meet the Chinese Government in this matter in tlle same spirit in 

which they have met us it would undoubtedly be much more easy to 

accomplish what is desired by negotiations, although of course there is no desire to make this a condition-precedent. The gentleman from California [Mr. l!tfoRRow] will see at oncethatsllonld we press the measure ill wh1ch lie is interested it would retard rather than hasten tlle very 

purpose of the legislation which he advocates. 

Mr. MORROW. I do not so understand. 

Mr. BELMONT. I think perhaps the House would desire to hear 

what this communication is. To save time I will read from it a few 

lines. Our minister in 1884 said, among other things: 

In my dispat.ches Nos. 376 and 382, dated respectively 1\Iarch 7 and March 14, 

1884, I had the honor to point out the difficulties attending the presentation of 

any grievance to the yamen arising out of the workings of the act governing the emigration of Chinese laborers to the United States. So far as our information went, there was no evidence to show that the Chinese authorities had con- nived at any evasion of that treaty. I said, also, that such ad3 would naturally take place in Hong-Kong or Macao. It was also my duty to show that the policy of the Imperial Government, so far as the emigration of their people was concerned, was a. policy of indiffer- ence, if noe of direct opposition. This was shown, as I explained in my dispatch No. 392, dated March 24, 1884. The Chinese authorities at Oanton had 

gone so far in their restrictions upon emigration as to compel the bankruptcy 

of one of the most prominent houses in China.. 

Mr. MORROW. I would like to ask the gentleman what tlle House 

is to infer from what he lias said respecting an agreement between this 

Government and China in regard to immigration. 

Mr. BELMONT. I would be very earful not to o•erstep what I con- sider a proper statement. I can not assure the gentleman that negotiations have been completed, but he must himself know from observation and from the interest he has taken in the question that there is 

every reason to suppose tllat negotiations are pending and will be successful. 

Mr. MORROW. This has been tlle promise for years; it has been so ever since this question has been under discussion. 

Mr. BELMONT. I think, Mr. Chairman, the House will appreciate tlle gentleman's remarks. He intimates that there have been as· snrances and negotiations for some time past wi thont performance. 

But undoubtedly one of thA main difficulties in the way of a modification of tlle treaty has been tlle constant legislation, ineffective legislation, upon the subject, and tlle attempts at legislation in violation of 

tlle treaty, which must always receive the veto of tlle President, and 

which have for their principal result the embarrassment of tlle treatymaking power. 

Mr. MORROW. The difficulty, Mr. Chairman--

Mr. BELMONT. I do npt think I can yield any further. I will 

reserve the remainder of my time . Mr. PHELPS. Mr. Chairman, tlle question connected with the re- striction of Chinese immigration in this counh·y lias nothing to do with 

the question of paying indemnity for the wrongs that we did to the 

Chinese two years ago in tlle massa<Jre at Rock Springs. 

Mr. BELMONT. If my friend will allow me I wish to slate that 

I entirely agree with him on that point. I would not like anything I 

have stated to create a different impression. 

Mr. PHELPS. There could he no connection except in the fact that 

both happened to concern the unfortunate Chinese race. I rise to urge the adoption of tlle amendment which tlle chairman 

of tlle committee lias moved to the Senate bill, because I want to pay 

tlle Chinese Government tlle $147,000 appropriated by it, and so to 

make an end of this matter. 

There is only this difference between the method of the House and 

the method of the Senate. The Senate proposes to leave the amount 

of damages to be fixed by a commission, appointed by the President; 

provided the amount does not exceed $150,000; while the House proposes, without further action or parley, to pay the sum of $147,000 and 

immediately liquidate tlle damages. I want to pay tlle $147,000 be- cause tlle Chinese Government lias asked ior that sum. The sum represents only tlle property destroyed. The Chinese Government knows 

that our Government never likes to pay a claim in full, so it wisely 

presents its bill only for the property destroyed and says nothing of 

other items of claim-nothing of twenty-ei~ht men murdered; nothing 

of fifteen men wounded; nothing of seven hundred Chinese hunted for 

ten days with club and rifle like rabbits, until they were dispersed into 

the wilderness and their village was made an ash-heap. 

As the claimants are willing to throw murder-and arson into the 
' 

1506 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

bargain, we ought to close it without haggling. What ground is there 

for haggling, when the investigation was carefully made by representatives of the Chinese Government, assisted by agents of the State Department, and when their conclusions have been approved by its Secretary? ".Approved?" I think it would be hard for him to do otherwise, with his archives crowded with cases where we made and en- forced the standard to be used in the adjustment of similar cases. By 

that standard the Chinese on this case are entitled to millions. 

Recall one of these cases. In the time when Great Britain was at war with China an American citizen, named Edwards, was arrested by 

mistake as an_Englisbman, imprisoned from sun-rise to sun-set and then 

released. 

The Chinese Government paid $31,600 for the injury done to his per- son and to the dignity of the United States. There were se>en hundred Chinese who suffered at Rock Springs, all of them more than this man. We hesitate to pay them $200 each. But the Chinese are heathen, 

and follow the maxims of Confucius; we are Christians, and profess to 

follow the teachings of its founder. Recall the familiar story of 

heathen generosity. How China once gave us $700,000 and said, 

''Take it, and pay the claims of your citizens ! '' We took it. We 

paid their claims, with 12 per cent. interest, and there was enough lefb 

to return $200,000 to the Chinese Government. 

If this seems ancient history, and you fancy their heathen disposition 

has changed, think of recent incidents just related by the gentleman 

from New York [Mr. BELMONT]. While this bill was pending, long 

after this massacre, there was a riot in Chang-Kiang. 

The rabble destroyed property belonging to the .American Methodist 

mission. The Chinese Government has already paid them $25,000 for 

their loss. And also, since our discussion on this bill, a riot under 

similar circumstances in Shanghai destroyed other missionary property. 

The Chinese Government has already paid this bill, too, 55,000; and 

speaking of Shanghai recalls the lo.test and most touching incident-it was announced last week from the State Department. The poor Chinese of this city beard that Charleston was rackecl by an earthquake 

and hurt, though not destroyed. Out of their little savings they sent 

$1,64.0, which our consul-general has transmitted as their contribution 

to the fund which shall help to repay the loss which nature inflicted. 

But I have not yet .heard that any neighboring town has sent any con- tribution to aid in the reconstruction of the damage at Rock Springs, 

which was inflicted by Christian ruffians. 

When the reciprocity of fair dealing makes such a case against us, I 

have no heart to speak of the obligations founded in international law. 

I do not want even to refer to the treaty where we pledged ourselves 

that "we would exert all our powers to devise measures for the protection" of Chinese subjects in this country. If that question must be 

raised, nothing more seems to be needed than to recall the full statement made at the last discussion of this measure by that expert in internationallaw, Mr. RicE, of Massachusetts. 

He claimed and proved that the rule in all these cases wa.s that the 

central government, the treaty-making power,. could n<~t relieve it.self 

of the responsibility for the infraction of a treaty by relegating that 

responsibility to one of its members. All writers from Vattel down 

assert this as the rule in their text-books. And our Government, acting in unison with all other governments, while never admitting the 

rule and sometimes while denying it, has in almost every case recognized it in practice. Notably this wa.s the case where injury was done to the property of 

American citizens in Canton while Lewis Cass was our Secretary of 

State. The Chinese Government referred our claimants to that viceroyalty, claiming that its courts and officers were open to our demands. 

Mr. Cass refused to recognize this solution, and China paid. 

Again, whenMr. Webster was Secretary of State the property of 

Spanish citizens was destroyed in a riot in the streets of New Orleans. 

Mr. Webster attempted to rel~o-ate the claims of her Spanish Majesty 

to the authorities and courts of Louisiana. Her Spanish Majesty re· fused to aecept the reference, and the United States paid the bill. But it is not on the ground of legal but of moral obligations that I 

prefer to rest this claim. I rejoice, however, that all claims unite in 

enforcing this obligation, and I sincerely hope the House will to-day 

vote the $147,000, that there may be at least this atonement, and that 

the fact of the massacre of Rock Springs may be blotted from our mem- ory forever. [Applause.] 

Mr. SOWDEN. May! ask the gentleman from New Jersey a ques- tion? 

Mr. PHELPS. Yes, sir. 

Mr. SOWDEN. Was it shown by satisfactory evidence that this 

property was worth $147,000? 

Mr. PHELPS. The investigation was made by the consuls of the 

Chinese Government of the highest rank, I believe, of New York and 

San Francisco; and they asked assistance from the State Department. 

The State Department furnished them with experts to represent our interests. This joint commission carried on the investigation there upon 

the spot fully and fairly, and their report, as unanimously made, was submitted to the Department of State. This is the report which the 

Department of State indorsed, recommended to Congress, and is now before this House for its action. 

---- -

Mr. PHELPS. I yield ten minutes to the gentleman from North 

Carolina [Mr. Cox]. · Mr. COX, of North Carolina. Mr. Chairman, while there are differ- ences between members of the committee as to the bi'il which should 

be adopted by this House, it is more as to method than as to matter. We all agree that the Chinese Govem.ment should be indemnified for 

the outrage committed on Chinese subjects at the outbreak in Wyoming 

Territory, where numbers of unoffending Chinamen, within the protection of the treaties and the law, were murdered by a mob. And the 

threatened outbreak of the same character in Washingt-on Territory, 

where similar mob violence was prevented only by the law-abiding 

character of the people of that Territory. 

We further agree that this violence arose from ra<:e o.ntagonisms. By our treaties with China these people were induced to come among us. By the confidence reposed in our good faith and our professions of the 

recognition of the principle of equality of all men, the Chinese Govern- ment was induced to abandon its traditional doctrine of seclusion, and 

recognize the great American doctrine of e:xpatria.tion, and many of her 

citizens sought a home and asylum among us. Having invited these 

people to come among us as citizens and sojourners, every principle of 

honor a.s well as solemn treaty obligation behooves us to guarantee 

to them the full protection of the law. So much is agreed upon among 

the committee, the only divergence being the most speedy and effective means to accomplish this result. 

The Senate has passed a bill providing for a commission of United 

States officers to investigate and ascert.ain. the amount of damage 

sustained by Chinese citizens who were under the protection of our law in the outbreak and threatened riot to which I have adverted. 

The Chinese Government insists that the damages resulting from these 

outrages is $147,748.74. This maybe a correct estimate. There is no contention in regard to the amount, but only as to the method of as- certaining the same. The Committee on Foreign Affairs of the House 

insists that we should pay them the whole amount in solido without 

investigation and further inquiry. This may be the generons and mag- nanimous method of proceeding, but those who agree with me insist 

that we should proceed on business principles. 

The rule we est..'\blish in regard to this C-'\Se will be a precedent to be 

insisted on in any future complications that may arise. Not only this, 

the present session of Congress is neru.-ing its close, and should we pass a bill differing with the one passed by the Senate there is at least 

danger that no legislation will be completed on this subject during the 

present Congress. It is some eighteen months since these outrages were perpetrated, which continue as an irritating sore between our Govern- ment and that of China, while important treaty negotiations are pend- ing. If we should adopt the Senate bill then our legislation would be 

complete. On the contrary, if the House adopt one resolution and the 

BeRate anothe:J; the respective resolutions would have to go to a con- ference committee, and we will be compelled to wait and see if they can agree. Not only this, we must delegate to six men to do in secret 

conference the duties devolving upon us. I insist, Mr. Chairman, that the resolution adopted by the Senate is 

more in accordance with business principles, such a.s regulate the 

affairs of man and man, than that which is proposed by the committee 

of this Honse. In obedience to the demand of the Chinese Government, 

the bill in this House proposes to grant it over $147,000, while the 

Senate resolution proposes that we shall have an investigation and pay 

what is found to be proper, not exceeding, however, the sum of $150,- 000, including all expenses. 

I am aware that there is a. precedent in favor of the method proposed 

by the House committee. In the month of Au~ust, 1881, the Lopez 

expedition set out from the United States to aid an attempted insurrection in Cuba. The insurgents were captured and fifty of them shot, 

many of them being American citizens. As was natural, intense ex- citement was created in New Orleans and Key West; so much so that 

it culminated in mob violence against the Spanish subjects in those 

places who exulted in consequence of the execution of Americans in 

Cuba. · In New Orleans especially was the feeling intense, and resulted in • the plunder of the Spanish consulate, the destruction of a Spanish news- paper, &c. Soon after these events the Spanish minister in Washington made a demand upon the Secretary of State ''for just satisfaction in 

the above-mentioned insults and acts of hostility, wHh the corresponding indemnification for the damages :md injuries inflicted upon Her 

Catholic:M:ajesty'ssubjects." On the 14th of October, in the same year, 

this demand was renewed and persisted in. 1\!I-. Webster, Secretary of 

State, replied in 1851, thatThe executive government of the United States regards these outrages not only as unjnstifiable, but as di graceful acts, and as :1 flagrant breach of duty 

and propriety, and that it disapproves them as seriou ly and regrets them ns deeply as either 1\Ir. Calderon or his government can po ibly do. * "' • But the outrage, nevertheless, was one perpetrated by a. mob, composed of ir· responsible persons, the names of none of whom are known to this GovArnment; * * * that neither any officer or n.gent of the Government or law, or of 

the municipal goyernment of the city-of New Orleans, took any part in the 

proceedings, so far as appears. or gave it any degree of countenance whatever. On the contrary, all thesa officers and agents "' * * did all which l.he sud· 

denness of the occasion would allow to prevent it. * * • The rights of the 

Spanish consul, a public officer residing here under the protection of the United 

States Government, are qnite different from those of the Spanl h subjects, who 

' 
1887. CONGRESSIONAL REOORD-· HOUSE. 1507 

have come into the country to mingle with our own citizens, and here to pursue their private business and objects. The former may claim special indemnity; the latter are en titled to such protection as is offered to our own citizens. 

While, therefore, the losses of individuals, private Spanish subjects, are greatly to be regretted, yet it is understood that many American citizens suffered equal 

losses from the same cause. And these private individuals, subjects ofHer 

Catholic !tlajesty, coming voluntarily to reside in the United States, have cer- tainly no cause ot complaint if they are protected by the same law and the same administration oflaw as native-born citizens of this country. 

AB was remarked by the gentleman of New Jersey [Mr. PHELPs), 

this statement of the Secretary of State was not satisfactory to the 

Spanish Government, and, notwithstanding the approval of the President, nothing was done. On the lOth of May, 1852, Senator Mallory, 

of Florida, introduced a resolution instructing the Committee on Foreign 

Relations "to have investigations made whether any Spanish subjects, 

not citizens of the United States, have sustained damage, by loss of 

property or otherwise, in consequence of public outbreak or violence in 

the State of Louisiana, * * * and into the propriety of authorizing 

the President to make indemnity to the Spanish Government for such 

Spanish subjects for said damages." . In advocacy of this proposition he called attention to the :f:<tct that 

foreign governments do not understand the workings of our political 

system. They did not understand that, socially and politically, our States are ''as distinct as the waves,'' whilst in our foreign policy we are ''one as the sea.'' In our relations we dealt with Spain as a unit. 

In our relations with our sister Republic of :Mexico we dealt with her as a unit. And as we deal with one state we must deal with another. 

That is the danger of establishing a precedent in our dealings with 

China which might be embarrassing in dealing with other nations. 

The Senate of the United States seems to have acted wisely in following the precedent to which I have called attention. I think the 

gentleman from New Jerseyo will seek in vain for a precedent where 

any nation has granted the claim of another without a-scertaining the 

facts in the case. If he is successful in his researches it will not be a precedent which it would be judicious for us to follow. In order that 

this House may fully understand the difference between the Senate 

resolution and that of the House, I now send to the Clerk's desk the 

resolution to be read. 

The Clerk read as follows: 

A bill (S. 2225) to indemnify certain subjects of the Chinese Empire for losses sustained by the violence of a mob at Rock Springs, in the Territory of Wyo- ming, in September, 1885. 

Be it enacted, &c., That the President of the United States shall ascertain the 

actual loss and damage inflicted upon the person and property of Chinese subjects by the violence of a. mob of lawless and riotous persons, at or near Rock 

Springs, in Wyoming Territory, on or about the 2d day of September, 1885; and 

for this purpose he may detail such officers of the United States as he may designate, not exceeding three in number, to investigate and take the testimony of witnesses as to the nature and extent of the damage done to the person and 

property of Chinese subjects, and, in connection therewith, may consider the 

testimony already taken and reports made, subject to the cross-examination of 

the witnesses, if deemed necessary, and such other proof as may be submitted to them by the Government of China. They shall report the estimate of the 

damages sustained by each person, and the testimony, to the Secretary of State, 

within six months from the approval of this act, which time may be extended not exceeding six months by the order of the President, and the same shall be 

examined by the Secretary of State; and thereupon the President shall award to each person so injured the sum that he shall consider to be just in view of the 

evidence and report so presented to him. 

SEc. 2. That the aggregate amount so awarded by the President, not exceeding $150,000, shall be paid by the Secretary of the Treasury, out of any money in the Treasury not otherwise appropriated, to the envoy extraordinary and 

minister plenipotentiary for China, at Washington, in full satisfuction and discharge of the injuries to person and property inflicted upon subjects of the 

Chinese Empire; and the sum of 55,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otl:.erwise ap- propriated, to be disbursed under the direction of the Secretary of State, to pay the expenses necessarily incurred for traveling or other expenses under the 

provisions of this act. 

I repeat, Mr. Chairman, that this is a business proposition-not a matter of sentiment, not a matter of magnanimity, not a matter of 

favor. We have invited these Chinese to come among us; they have 

been outraged while under the protectien of our laws and solemn treaty 

obligations. Every sense of honor, humanity, and manhood appeals 

to us for their ready redress. The question is more as to the method 

than to the matter of the redress. There are two propositions before us. The proposition of the Senate is business-like, speedy, and certain. 

The proposition of the House, while liberal ::md generous, may effect 

nothing. The examples quoted by my friend from New Jersey [Mr. 

PHELPS] as to China's course toward us under similar circumstances are not on a parallel with this case. Commissioners were appointed in 

those cases, and while the damages allowed were excessive the readi- ness of the Chinese Government to accede to them arose in the :first 

place from her weakness when assailed by England and France, and in 

the latter cases, no doubt, from our honesty in returning her the 

amounts in excess of the damages sustained. 

Yet I would readily grant the amount a-sked for in the House reso- lution rather than have this measure fail. 

The Government of China in all of her dealings with us has been 

liberal and generous. She is now more interested in the acknowledgment of our obligation than in the mere amount of money she may 

receive or the manner in which it may be granted. 

:Mr. FELTON. Will the gentleman from North Carolina allow me a question? 

Mr. COX, of North Carolina. Certainly. 

Mr. FELTON. Is it not a fact that the measure of the Senate, if 

passed, would be entirely acceptable to the Chinese legation here? 

Mr. COX, of North Carolina. I cannot answer as to that, because I 

have no communication with the Chinese legation in regard to this mat- · ter. 

Mr. FELTON. Well, I have understood. that the Senate bill would 

be entirely acceptable to the Chinese legation-as much so as the other. The only difference is that one would give them entire justice, while as to the other there might be some possible question. 

Mr. COX, of North Carolina. I agree with the gentleman from California. 

1\Ir. BELMONT. Will the gentlem::mfromNorth Carolina allow me a moment? 

Mr. COX, of North Carolina. With pleasure. 

Mr. BELMONT. Mr. Chairman, !believe the Senate bill is accept- able, but, as I stated at the outset, I am under instructions to offer the 

amendment which I have offered. I think, however, that the proposition of my colleague [Mr. Cox, of North Carolina] is a very proper 

and wise one. Mr. FELTON. My object in asking the question I have asked was simply to bring out, for the benefit of the House, a fact which, if established, would probably influence some gentlemen herein their decision 

upon this matter. 

Mr. PHELPS. Will the gentleman from North Carolina allow me a question? _ 

~Ir. COX, of North Carolina. Unquestionably. 

1\fr. PHELPS. What reason has the gentleman for supposing that 

the officers of the United States Government who, upon the appointment of the President of the United States, are to make this investiga- tion will make a more thorough investigation than the investigation 

which was made by the officers of the UnitedStateswhowereappointed 

by the Secretary of State, or will report a different or a better conclusion? 

:Mr. COX, of North Carolina. I do not consider that it is material 

whether they report the same amount or a different amount. 

I say that this is a business matter, and here are two different p1:opo- sitions, originating in the Senate and in the House, respectively, as to the method by which it shall be adjusted, one proposing an investigation 

and the other not. AB to the examples which my friend from New 

Jersey [Mr. PHELPS] has quoted, showing the action of China, I do 

not think they should control here. 

Mr. PHELPS. My friend f.rom North Carolina fails to get my point. I do not urge that there should be any payment without investigation. 

I claim that an investigation has been made by officers of the United 

States Government under appointment from the Secretary of State. The amendment which is advocated by the gentleman from North 

Carolina [Mr. Cox] asks for another investigation which shall be made 

by officers of the United States under the appointment of the President; 

and my question is, why he supposes that a second investigation made 

by officers of the Government appointed by the President will be a more valuable or trustworthy investigation than the one which has 

been made by officers of the United States appointed by the Secretary 

of State? 

lli. COX, of North Carolina. That is a long question, but1\Ir. PHELPS. But the facts with which it deals are very simple; 

and the question is simply why one investigation, having its source in 

the President, is likely to be any better than the other investigation ~ 

which had its source in the Secretary of State. 

Mr. COX, ofNorth Carolina. I am afraid my friend's case must be 

weak, as he will not pe.rmit me to answer him. The qfficers heretofore 

appointed were railroad officials who had these Chinese in their em- ployment. Their investigation may have been p6rfectly fair. U so, 

this authoritative investigation can avail itself of the facts heretofore 

ascertained. The advantage will arise from the test of a cross-exam- ination. 

Mr. BELMONT. If the gentleman from North Carolina will permit me a moment I will answer the question; 

Mr. COX. of North Carolina. Certainly. 

Mr BELMONT. I undeTstand the proposition of my colleague is 

not in reference to the details of the measure, but in order that there 

should be no further delay in the settlement; and my friend from New 

Jersey will acknowledge that if we pass this resolution different in 

form from the Senate bill there is some danger of a failure of legislation at this session. 

And, moreover, I remember that my colleague stated in the course of his argument that experts were detailed to examine into the amo1mt 

of loss at Rock Springs who were officers of the United States. The 

documents show that they were United States railroad commissioners. Of course their statements are thoroughly to be relied upon. There is 

no question, therefore, as to the amount, either in the Senate or in the 

House. The only difference is that under the Senate bill a commission 

is appointed for this special purpose. 

Mr. PHELPS. I would like to ask the gentleiil.!ln from New York 

whether the zeal of the officers and the integrity of this investigation 

have ever been questioned? 

Mr. BELMONT. In no respect whatever that I am aware of. 
1508 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

Mr. PHELPS. The gentleman bas no reason to suppose that their 

action, as approved by the Secretary of State, is not correct, and will 

not be paralleled by any other investigation that may be set on foot. 

ltlr. McKENNA. A moment there; let me state that it is asserted, 

and I have it on good authority, that the assessment books of the county 

in which this property was situated show that there was only $200 

worth of property assessed against the Chinese in that vicinity. 

Mr. LOUTTIT. That is a fact which I can assert upon my own observation. 

Mr. PHELPS. But the gentleman should remember that it is also 

a fad that the whole amount of property assessed against .Mr. Vanderbilt in New York does not much exceed a million of dollars; and 

yet no one supposes that the assessment book is a good index or represents the value of his fortune, which is generally understood to be vastly 

beyond that. 

Mr. LOUTTIT. Let me ask the gentleman a question. 

Mr. PHELPS. I have not the floor. 

Mr. LOUTTIT. I only want t.o ask the gentleman if the assessment 

book, where the law requires that every citizen shall present to the as· sessor a statement in detail of his property, is not a fair criterion of the 

value of the property of that county in which it is situated? 

Mr. PHELPS. That would be true if the wealth of the average citizens of the country who are required to make these returns complied 

with the law and furnished them to the assessors. But it is true, as a 

matter of fact in all parts of the country, as experience has shown, 

that correct returns are not made by the whole body of citizens, no 

matter how stringent the law may be; and hence the assesS!llent books are no criterion by which to determine the question . Mr. LOUTTIT. But is it not a fact that the assessments dodged, 

or the assessments not properly maae, are by the wealthy and not bv 

those of small means? And further, is it not true that all the assesSments in this case were assessments of persons necessarily of small 

means? And further, let me sute to the gentleman that the records 

of that county show that in the entire county of Sweetwater all the as- sessments made against the Chinese was $200, and that was on a piece 

of real estate, with reference to which I am able t.o testify now from 

personal.knowledge of the fact that it is still there, every part of it, none of 1t taken away, for I st.opped over a day on my way t.o California to see it. It is the only property in Sweetwater County belonging to these Chinese. 

Mr. STEELE. It mnst have been a very valuable piece of property 

if a man stops over on his way to California to look at it. [Laughter. J 

Mr. COX, of North Carolina. Mr. Chairman, the gentleman from 

New York is correct in this, that we desired to expedite this matter. 

The Senate bas passed a resolution which if we adopt the matter is at an end so far as legislation is concerned. He is right, furthermore, in 

stating that the examination which took place was by railroad officers. We propose t.o have this examination made and the testimony taken 

by the officers who are app.ointed for this express purpose alone. 

We desire t.o pay all of our just obligations and appropriately provide for everything that may be found due, but let us ascertain the 

facts on business principles. I therefore hope the House will vote 

down the amendment and adopt the Senate resolution. 

I yield now the remainder of my time to the gentleman from Ge:>rgia 

(Mr. CLEMENTS). 

Mr. CLEMENTS. Mr. Chairman, I will ask the attention of the 

committee but for a very few moments. I would not have taken the 

floor to discuss the question at all except for the fact that members of 

the committee have presented the question as coming from the Com- mittee on Foreign Affairs upon the basis of legal liabilities. It has 

been argued by the gentleman from New .T ersey as one of the cases in 

which this Government was bound by its treaty obligations legally to 

pay damages. 

I desire to say this is not a correct statement of the position of a majority of the com!Dittee presenting this bill and report. The payment 

of this clrum is recommended by the President of the United States on the 

ground of friendly relations and as an act of generosHytoward a friendly 

government. It is distinctly put upon this ground and not as a. legal 

liability. The Secretary of State in his communication to the Chinese 

minister emphatically denies the legal liability of this Government. 

I do not oppose the bill, but join in supporting it. In this connection 

I want t.o read an extract from the special message of the President 

upon the question. It is as follows: 

So Jong as the Chinese minister, under his instructions, makes this the basis of an appeal to the principles and convictions of mankind, no exception can be taken. Bnt when he goes further, and, taking as his precedent the action of the Chinese Government in past instances where the lives of American citizens nnd their property in China have been endangered, argues a. reciprocal obliga- tion on the part of the United States to indemnify the Chinese subjects who suffered at Rock Springs, it becomes necessary to meet his argument and to 

deny, most emphatically, the conclusions he seeks to draw as to the existence of such a liability, and the right of the Chinese Government to insist upon it. I draw the attention of the Congress to the latt-er part of the not-e of the Sec- retary of State of Februa.ryl8,1886, in reply to the Chinese minister's representa- tions, and to invite especial consideration of the cogent reasons by which be reaches the conclusion that whi1st the United States Government is under no obligation, whether by the express tenns of its treaties with Chinn or the principles of international law, to indemnify these Chinese subjects for losses caused by such means and under the admilt-ed circumstances, yet that in view of the palpable and discreditable failure of the authorities of Wyoming Territory to 

~ring~ justice the guilty ~arties or to. ~ure to the sufferers an impartial forn.m m which to seek and obtam compensatiOn for the losses which those subjects have incn.fred by lack of police protection; and considering further the entire absence of provocation or contribution on the part of t-he victims, the Executive may be induced to bring the matter to the benevolent consideration of the Con- gress, in order that that body, in its high discretion, may direct the bounty of the Government in aid of innocent and peaceful strangers whose maltreatment has brought discredit npon the country; with the distinct understanding that such action _is inn? _wi e to be held as. a precedent, is wholly ~ratuitous, antl is resorted to m a sp1nt of pure generosity toward those who are otherwi e help- less. 

Now let me say a word in re1n.tion to the instance in which the 

United States indemnified Spanish subjects on account of the riot in 

1850 in New Orleans. The Secretary of"State, from whose commu.nication I shall append some extracts, states, in response to the Chinese 

minister, that the case stood upon entirely different ground. The 

office of the consul, the representative of the Spanish Government was involved in the riot. The rioters o>erran and destroyed the property 

and insulted the flag of Spain, and it was for this assault upon the official representative under the protection of the flag of that government 

that reparation was made in that case. It is true that in a. few instances private claimants were paid for damages caused in that riot 

also, bot payment was recommended then, as now, by the President 

of the United States upon the distinct denial that there was any legal 

liability under treaty or international law. But it followed immediately after some kindly act.s on the part of the Queen of Spain in pardoning American citizens who bad become involved in the violation of 

the laws of that country in Cnba. It was a friendly act on the part 

of the United States done under the specific denial of legal liability 

just as the President and Secretary of State put this claim. They rec~ ommeod it to Congress as appealing to humanity and as an act of 

pure generosity on the part of this Government. I am not willinll'that 

it shall pass with the understanding that we base this on a recorr~ized legalliability. o 

As to the other question as to which bill we should pass I. confess 

that in a matter of this sort I would be willinO', as the Committee on Foreign Affairs was willing at the last session, to accept this appraisement of property presented by the Chinese officials. 

But the Senate bas already passed a bill authorizing not a new com- mission of citizens, but three officials to be designated by the President of the United States, men already in office, to represent this 

Government and investigate the facts in regard to the just amount of 

this claim. And the bill limits the amount to be paid in satisfaction 

of the claims to $15R, 000. That bill is already before the House ha v- jng passed the Senate. ' 

.Now, in order to dispose of this whole matter, when the President has 

recommended the payment of the claim, when the Secretary of State 

bas urged the payment of it, when the House is willing t.o vote fi1r the 

payment of it, is it any great inconvenience to the Chinese Government 

that we should have an investigation as to the amount? The disposition has already been shown by our Government, and wiil be shown by 

the vote of this House if the bill is passed, not to deny or curtail this 

claim unreasonably. But it is the surest way to a final disposition of 

the matter, which I have no doubt will be satisfactory to both Governments, and will be t.be nearest to what is right and proper, to have a 

further investigation to ascertain accurately the proper amount t.o be 

paid. 

lf we substitute the House bill it appropriates the gross sum of 

$147,000, the full amount that ba..c;; been claimed by the agents of the 

Chinese Government. This is simply granting the entire amount without question. That is not the ordinary way in which we do business 

with regard to the c1 aims of our own citizens. 'V e do not pay t.he fu 11 

amount of claims without question. But in this case I repeat I would 

not oppose this if we had not the Senate bill here. Suppo ewe a.dopt 

an amendment substituting tbe provisions of the House bi111·cportcd 

by the committee for the Senate bill, it goes back to the Senate; that 

body may not concur, and it may go into conference or may be lost by 

disagreement between the two Houses. But a. few weeks of the session remain. This question has been pressing upon us, and it is one which should be finally disposed of. There is no danger that there will 

not be a full and just allowance made under the Senate bill. To dispose of the whole matter finally in a spirit of generosity toward a friendly people, I think we should pass the Senate bill without any 

amendment, and get rid of the question. 

I would call attention to some extracts from the communication of 

the Secretary of State to the Chinese minister, as follows: 

I venture to say that you labor under a misapprehension in citing as an ex- ception the action of the United States, iu 1850, in respect of tile violence com- mitted upon the Spanish consulate at New Orleans by a mob of irrespon ibJe persons unknown to the Government, and with which no officer or agent of tho 

United States was allied. Nothing can be clearer than the enunciation of the doctrine of Government non-liability on that occasion. While denouncing such outrages as di graceful and in criminal violation oflaw and order, it was emphatically denied t.bat the acts in quest-ion created any obligation on the part of the United States, arising out of the good faith of nations toward each other, for the losses thus occasion ell by and to individuals. Neither is there a parity between the Spanish incident of 1850 and the recent riot nod massacre of the Chinese at RockSprings. The essential feature of the first is wholly wanting in the second. The emblem or Spanish nationality had suffered an affront in a city of the United States. Reverting, however, to your appeal of November 30, which I understand to be a. direct application to the sense of equity and justice of the United States for 
-· 

1887. CONGRESSIONAL RECORD-HOUSE. 1509 

relief for the unfortunate victims of the carnage and excesses of the mob at Rock 

Springs, I am compelled to state most distinctly that I should fail in my duty as representing the well-founded principles upon which rests the relation of this 

Government to its citizens, as well as to those who are not its citizens and yet are permitted to come and go freely within its jurisdiction, did I not deny em- phatically all liability to indemnify individuals, of whatever race or country, for loss growing out of violations of our public law, and declare with equal em- phasis that just and ample opportunity is given to all who suffer wrong and 

seek reparation through the channels of justice as conducted by the judicial branch of our Government. Yet I am frank to say that the circumsta nces of the case now under considerntion contain features which I am disposed to believe m ay induce the President to recommend to the C<>ngress, not as under obligation of treaty or principle of 

international law, but solely from a sentiment of generosity and pity to an in- nocent and unfortunate body of men, subjects of a friendly power, who being :peaceably employed within our jurisdiction, were so sliockingly outraged; that m view of the gross and shameful fa ilure of the police authorities at Rock Springs, in Wyoming Territory, to keep the peace, or even to attempt to keep the peace, or to make proper efforts to uphold the law, or punish the criminals, or make 

compensation for the loss of property pillaged or destroyed, it may reasonably 

be a subject for the benevolent consideration of Congress whether with the distinct understanding that no precedent is thereby created, or liable for want of proper enforcement of police jurisdiction in the Territories, they will not, ex gratia, grant pecuniary relief to the sufferers in the case now before us to the ex- tent of the value of the property of which they were so outrageou~ly deprived, to the grave discredit of republican institutions. I trust you will recognize in what I have herein suggested the desire of the 

United States to carry into effect the •• golden rule" recited in the tre~ty to which you have made reference, and that in such action you will perceive our wish nnd purpose to confirm and perpetuate the friendship and comity which, I trust, may long exist between our respective countries. You will, I am sure, agree that in good faith, and in compliance with their obligations, the Govern- ment of the United States is strenuously asserting its power to secure the pro- tection of your countrymen within its jurisdiction. · 

I harve read these extraets t-o show more emphatically the ground 

upon which this Government puts the payment of the claim. 

Mr. RICE. Mr. Chairman, it is pleasant to believe that there is no 

difference of opinion in this House, as there was none in the committee, in regard to the payment of damages to the Chinamen who were so unjustly and ontrageonsely treated on our soil. I am therefore willing to pass over entirely that branch of the subject and leave it where 

the eloquent gentleman from New Jersey [Mr. PHELPs] left it; for no words need be added by me to his very impressive remarks. 

But the question is, what shall we do now in a business way; what 

is the best method? How does this matter stand before the House? 

The chairman of the Committee on Foreign Affairs [Mr. BELMONT] 

called up the Senate bill. He then, under instructions of his committee-instructions voted in my absence-moved as a substitute for the . Senate bill the House resolution. Now, if that motion substituting the 

House resolution for the Senate bill should be voted down, the vote 

will then come up on the Senate bill; and if we adopt that, the matter, so far as we are concerned, is ended. 

Mr. COX, of North Carolina. Then the proper course for those who 

favor investigation is to vote down the recommendation of the Commit-· tee on Foreign Affairs. - :Mr. RICE. That is exactly what I have said. I hope that is the 

course which this House will take. It seems to me to be the true method, 

the business way, the short course to get at the result. In the first place, 

the Senate bas already acted upon and passed this bill. If we concur in that bill it needs only the signature of the President, and the matter 

is ended. Secondly, I believe it is the true method when claitns for 

damages are made to investigate those claims, and to pass upon them as 

they may be proved. That is the course which bas been adopted heretofore when we have made claims against China. The awards so generously paid by China, as stated by the gentleman from New Jersey, were the result of investigation by a commission. China did not pay a lump sum. China said, ''Let these claims be submitted t-o a commission, and what that commission finds to be due we will pay." So that 

in adopting the Senate bill we follow not only what see~s to be the true 

business method, but what the precedents in the case indicate. · There have been some investigations already as to the amount of 

tbese damages, not made under any legal authority, as I understand 

my friend from New Jersey to intimate, but made by representatives of 

the State Department, in conjunction with the Chinese representativ-es, soon after the occurrence of the outrages. The Chinese Government 

said, ''Our damages amount to $147,000. '' The investigations made by 

the gentlemen sent to the spot indicate that this sum is not very far out 

of the way. 

Now, what has the Senate done? As has already been stated, the 

Senate has passed a bill saying, "Let the President indicate three officials to examine the testimony which has already been collected, to 

investigate these claims, and report upon them; and this bill of the Senate appropriates an amount not to exceed $150,000 to pay the awards 

which shall thus be made." It seems to me, therefore, Mr. Chairman 

and gentlemen of the House, that the best, the shortest, the true busi- ·ness method, and the method in accordance with the precedents, is to 

vote down the motion reluctantly made by the gentleman from New 

York [Mr. BELMONT], made against his own views, and then vote to 

report favorably to the House the ~~nate bill, thus ending this disagreeable affair. 

I reserve the residue of my time. 

Mr. WORTHINGTON. Although the committee by vote directed 

its chairman to move the House resolution as asnbstitutefor the Senate 

bill, I belie\e that thus far only those members of the committee have 

been heard who are opposed to that action. I desire, in two or three 

words only-because I do not want to take up the time of the Houseto state why the majority of the committee are in favor of substituting 

the Honse resolution for the Senate bill. 

I have no doubt that the Government of tbe United States can save from $20,000 to $75,000 by adopting that Senate bill, but it will be saved 

by a reason which I, as an American, wonld be ashamed to mention or to urge for the purpose of saving that amount of money. This riot and 

massacre occurred in September, 1885, nearly eighteen months ago. The 

testimony as to the damage which was then suffered was taken while 

the survivors were to a large extent around the spot; so that those who 

made the .investigation were enabled to reach, to a greater extent than can possibly be done now, the facts in the case. We are all familiar 

with the character of the Chinese. We know that to-day the survivors 

of that massacre at Rock Springs, those who were in that vicinity immediately after the occurrence, are scattered perhaps in all quarters of 

the globe. It will be piiysically impossible for the most careful and 

thorough commission you may send there, a commission with the very 

best intentions, to ascertain the aetual damage which was suffered, for 

the simple reason that the witnesses are gone beyond reach and beyond 

discovery. That is one reason. 

Another reason, and I will state it but briefly. The great merit in 

the passage of this resolution, or in any action of tbis character which 

we may take, is to meet in the same courteous, liberal spirit the action 

that China bas taken toward us in repaying damages that our own citi- zens have suffered. As I have said, eighteen months have already elapsed 

since this massacre took place. If yon adopt the House resolution as a substitute the question will go into conference. If the conferees agree 

upon that substitute the matter is closed at once, is adjusted forever, 

and the money passes into the hands of~he representatives of· the Chi- nese Government, to be distributed according to the evidence which was taken by the Chinese authorities. But if yon adopt the Senate bill it 

may be twal ve months before there is any report from these officers who are to be detailed. According to the bill itself, they are allowed in the 

first place six months in which to report, and then the time may be 

further extended by the President. If the House of Representatives 

is desirous of adopting a policy by which the damages suffered by these 

unfortunate people may be cut down from $146,000 to $50,000 or $75,- OOOonacconntoftheir inability to pro•e those damages, and by which 

payment may be postponed from six ·to twelve months, then the Senate 

bill is better than the House bill. But all I have to say with reference 

to such a course is, that as the action of a Christian nation it would be 

in most sad contrast with the prompt and liberal course of China when 

American citizens have been injured by mobs or violence on her soil. 

[Applause.] 

Mr. HENLEY. I would like to ask the gentleman one question 

with his permission before he takes his seat. 

Mr. WORTHINGTON. I will yield for a question and then yielcl 

the floor to the gentleman from Virginia [Mr. DANIEL]. 

Mr. HENLEY. It has been stated here on this floor, apparently 

with authority, I do not know but that it bas been assented to by the 

chairman of the Committee on Foreign Affairs [Mr. BELMONT], that 

this Senate bill was entirely acceptable to the Chines~ legation? 

Mr. WORTHINGTON. I am not in the secrets of the Chinese legation, and am not authorized to say. 

Mr. HENLEY. It was stated by the gentleman from California 

[Mr. ~ELTON], and as I understood assented to by the chairman of the 

Committee on Foreign Affairs. 

Mr. DANIEL. Mr. Chairman, I propose to summarize in a few mo- ments the considerations which induced me most heartily to approve 

the passage of. the House bill which has been recommended by ·the 

Committee on Foreign Affairs as a substitute for the bill of the Senate. 

What is it, sir, upon which we are called to give our judgment? The 

facts are these: On the second day of September, 1885, the Chinese village at Rock Springs, in Wyoming Territory, consisting of 764 Chinese 

miners engaged in a public work for the benefit of our country, was attacked, the men were ruthlessly and savagely assaulted, their houses 

burned over their heads, and these flying, inoffensive people were shot 

down like wild animals until twenty-eight were killed outright, fifteen 

wounded, and the residue scattered to the winds. 

On the 12th day of September, while their blood was still fresh, the 

Secretary of War directed that two officers of the garrison at Fort Douglas should accompany the Chinese consuls stationed at San Francisco 

and New York, who were proceeding with their interpreter to the scene 

of the disturbance. This was accordingly done, and there upon the 

scene an investigation at once took place into the causes and circumstances of the massacre. As to that investigation, the results of which are spread before us in Executive Document No. 102, the President of 

the United States says in his special message to .Congress on the sub~ 

ject: 

In the investigation of the Rock Springs outbreak, and the ascertainment of 

the facts on which the Chinese minister's statements rest, the Chinese repre- sentatives were aided by the agents of the United Stll.tes, and the reports submitted having been thus framed, and recounting facts within the knowledge of 

witnesses on both sides, posses,s an impartial · truthfulness which could not fail to give them great impressiveness. 

The impartial reports thus refezTed to by the President, and the tes~ 
1510 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

timony taken upon the field while the outrage was fresh and while 

the living witnesses to its horrid detaili were as yet together and easily 

accessible, are all here in the documents which accompanied the President's message. 

They present to us, fully, the story of the unprovoked and bloody 

deed; and they embrace an itemized account of the wrongs and injuries 

done t.o persons and to property in its committal. · 

That we should make indemnity for the grievance seems to be the general sense of all. Sueh'is the earnest opinion of the President and the 

Secretary of State. Such is manifestlytheopinionoftheSenate, which 

has passed the bill before us to detail three commissioners to inveStigate and assess the damage done. .And that is the opinion of the Committee on Foreign Affairs, which has reported as substitute for the Sen- . ate bill a bill to pay at once to the Chinese Government the sum of 

$147,748.54, as daimed by the Chinese minister in his correspondence 

with the Secretary of State. 

For my part I am in favor of paying directly and immediatelywhat 

is claimed. 

Here was a case in which the United States was represented by just as fair a commission as we may ever hope to secure in the future. Here 

was a case in which both American and Chinese witnesses gave in 

their testimony, while assembled around the scene of the disturbance. 

Here is testimony which no man has impeached and about which no 

one can suggest that there was an error. Following this up comes the message or communication from the 

Chinese minister presenting this bill for damages, and in respectful 

terms asking the United States Government to make restitution. ''He 

gives twice who gives quickly." This bill should have been settled 

long ago, and it is with no pride ~s an American citizen, that I con- template the fact that while the Chinese Government has acted towards us always in the utmost spirit of grace and justice, that it has not only 

liquidated the bills which have been urged against it in the past years 

by mr, but has, even since this transaction, and even while its own 

claims were being higgled about aml delayed, come forward and with 

grace and generosity and courtesy compensated for damages done to 

the property of American citizens in that ln.nd, we are yet, after eighte n months of delay, still in default of doing as we would be, and as 

we have been, done by. 

:M:r. LOUTTIT. Let me ask the gentleman this question: Has any 

inst..'1nce gone into record in which the Chinese Government paid to the 

United States Government an indemnity for an offense committed by a citizen other than its own or under its own control upon any one of our people ? I ask him if there is a case similar to the one now before 

us in which there was a contest between two cla&ses, neither of which were citizens of this country or had declared their intention to become citizens of the United States? Is there a precedent of that 

character? 

Mr. DANIEL. Mr. Chairman, this is not a question of the nationality of the men who committed the offense. America, with its courts 

and people, is responsible for whatever is done upon our soil. Any one, 

be he an American citizen< r the citizen of another countrv, :is entitled 

to the protection of our laws, and the nationality oft:tie maD. has noth· 

ing to do with the responsibility upon the part of our Government to 

preserve order and guard the people under our laws. That is a question which it does not become us to inquire into. 

Mr. McKENNA. Let me suggest to the gentleman a question. If 

your proposition is true, would it not be true also that if I immediately 

shot yon down the Government of the United States must indemnify 

your heirs? 

:M:r. DANIEL. No, sir; not at all. 

Mr. McKENNA. Where is the difference? 

Mr. DANIEL. Here is the difference. If any man shoots another 

in America the law is responsible to see that the crime is avenged. But 

if you were to shoot me simply and solely because I was a Chinaman, 

then you would strike every other Chinaman, whether he be in the 

Flowery Kingdom or elsewhere, in an offense against his people; and 

if you were to shoot me, not because of a personal offense but because 

of the fact that I belonged to a certain distinct race or nationality, then 

you would strike at the whole race nationality, and undoubtedly our Government in all fairness ought to make restitution either to the 

wronged individual in the case or to the nationality that has been assailed if called upon to do so, and if such were the custom and comity governing between the nations of the wronged and the wrong-doer. 

China has always thus looked on the matter in dealing with us. Reciprocity is the soul of international law; and shall the Christian re- fuse to the Pagan what has been demanded and received of him ? 

Now, Mr. Chairman, as to the mere matter of business involved in 

this proposition. A commission of three is to be appointed under the 

Senate bill. Their !>alaries, clerks, and expenses of other kinds must 

be audited and paid from the Treasury. 

:M:r. COX, of North Carolina. Will the gentleman allow me? It is 

proposed that these commissioners shall be appointed from persons who are .already salaried officers of the United States, and would draw no extra pay. , 

Mr. DA.NIEL. The gentlemen who get no salary to begin with are usually those who get the most to wind up with. And whether these 

- . -

• 

officers are detailed or not we know they must be subjected to neces- sary expenses in taking testimony of witnesses now sca.ttered in all 

quarters of the globe, and we know somebody will have the bill to settle, and that the bill will necessarily be a large one. Mr. RICE. May I ask the gentleman a question? 

Mr. DANIEL. Yes, sir. 

Mr. RICE. Does not the Senate bill provide that these officers of 

the United States thus delegated may consider the testimony already 

taken and reports made, to which you have referred? 

:M:r. DANIEL. Certainly; they may consider that testimony and 

those reports; and I am only asking aprivilegeto-dayformyself which 

you want to appoint three men to exercise. I have already considered 

this testimony. It is not assailed or impeached by any man. Why, 

then, should we employ three agents to consider it again? It was taken before officers of the United States, or under their supervision, 

and when it could be taken freshly and under circumstances which 

will never admit of reproductibn. 

In my judgment if we wish to act according to the dictates of sound 

economy we will not attempt to make two or three bites at a small 

cherry, but we will wind up this matter at once gracefully, handsOIJ?.ely, 

and according to the etiquette of good neighborhood by saying to the 

Chinese minister: You have presented your bill; you have not asked 

damages for what you might have Mked damages for, the ruthless taking 

of the lives of your citizens, the shooting them down in cold blood, but 

you have been content to present a claim simply for the property destroyed" made up in driblets of from $25 to $1,000, a carefully itemized 

account; and as in the general aspect it is a small demand and arighteons one, it does not become a Government and people who have been 

dealt with so generously as the Chinese Government has dealt with us to subject this matter to the further procrastination that a commission 

must occasion. 

Mr. CURTIN. Let me ask the gentleman one question. Do we owe the money? 

1\Ir. DANIEL. Yes, sir. 

:M:r. CURTIN. Then why not pay it? There is no reason why we 

should not pay it. There is every reason why we should. .And the sooner we do it the sooner will we respond to the dictates of justice 

and the sooner wipe away a blot. 

Mr. McCREARY. It is very gratifying to find that all agree that 

the Chinese who suffered violence at Rock Springs, Wyo., on September 2, 1885, should be indemnified. But I differ with the gentle- man from Virginia [Mr. DANIEL], who has just taken his seat, as to 

the remedy. The CommitteeonForeignAffairs recommends payment 

for the injuries sustained. The President of the United States recom- mends payment. But we can not afford to establish as a precedent in this 

country that every time a few unauthorized citizens and lawless men 

bum a village or drive men out and kill them we will in Congress appropriate money to pay damages. In what I say to-day, while I am 

in favor of charity and kindness and justice, I do not wish to be 

understood as taking the position that every time a few lawless men 

injure persons or commit depredations we will appropriate money to 

pay for their acts. The President, in his mes&'lge, takes the proper 

position. He says: 

So long as the Chinese minist~r, under his instructions~, makes this the basis ot an appeal to t,he principles and convict,ions of mankina, no exception can be 

taken. But when he goes further, and, taking as his precedent the action of the 

Chinese Government in past instances where the lives of American citizens and 

their property in China have been endangered, argues a reciprocal obligation on the part of the United States to indemnify the Chinese subjects who suffered at Rock Springs, it became necessary to meet his argument and to deny, most emphatically, the conclusions he seeks to draw as to the existence of such a.lia.- bility, and the right of the Chinese Government to insist upon it. 

The United States Government is under no obligation, whether by 

the express terms of its treaty with China or the principles of international law, to indemnify these Chinese subjects. What the Congress 

of the United States does in this case is as a matter of charity, as a 

kindness to those unfortunate people, or, as my friend from Virginia 

says, as a matter of good neighborhood and kindly feeling. 

I am in favor of indemnifying these people, and I am in favor of indem.nifYing them according to justice and right. I do not know how 

much they have been injured. Some proof has been taken in an e:r; 

parte style and sent here, but we do not know with proper certainty 

the amonnt that should be paid. The Senate bill provides that a commission of United States officers shall go to Wyoming Territory and 

investagate, and shall not allow exceeding $150,000. The amendment 

proposed by the gentleman from New York (.Mr. BEL1tiONT] provides 

for giving $147,000. I am not in favor of the plan proposed in the 

amendment. I am in favor of adopting the Senate bill and sending 

commissioners out there to make an investigation. It was an outrage 

that seven hundred and sixty-four Chinese miners should be driven 

from their homes and that their houses should be burned before their 

eyes. It was an outrage that twenty-eight of them should be killed 

and fifteen wounded. But I say send commissioners, take the evidence, 

see what has been done, and then when we ascertain the facts make 

proper indemnity. 

What will be the result if we adopt the amendment proposed by the 

gentleman from New York (Ur. BELMONT], which I do not think he 

is heartily in favor of? 

~ -
1887. CONGRESSIONAL. RECORD-HOUSE. 1511 

Mr. BELMONT. Will the gentleman permit me a word? 

Mr. McCREARY. Yes, sir. 

Mr. BELMONT. I introduced the resolution myself in the last 

Congress, and I think it a proper way of dealing with the matter if 

time were sufficient; but, although I introduced that resolution, I yet 

believe that the speediest method of dealing with the question now is 

to adopt the Senate bill. 

l\1r. McCREARY. I agree with the gentleman. 

Mr. BELMONT. I submitted my proposition as an amendment, 

under instructions from the committee, as I have already stated. 

l\1r. McCREARY. We have little more than three weeks left of this 

session of Congress. If we to-day pass the amendment, it has to go 

back to the Senate, and (although these outrages were committed as long ago a.s the 2d of September, 1885) there is great danger that Congress will again adjourn without anything being done as regards this 

matter. Therefore, sir, I am in favor of agreeing to the Senate bill. 

Let us pass that bill and send reliable commissioners out ro where the 

trouble occurred; let them investigate and take proof, and say. what 

amount we shall pay-not to exceed $150,000. 

Mr. HERMANN. Will the gentleman permit a question? 

lli. McCREARY. Yes, sir. 

1\:Ir. HERMANN. By the first section of the Senate bill itis provided 

that the President shall ascertain the actual loss and damRe,o-e inflicted 

upon the person and property of Chinese subjects, &c., and that for 

this purpose he may detail such officers of the United States as he may 

desjgnate, not ex.ceeding three in number, to investigate and take the 

testimony of witnesses as to the nature and extent of the damage done 

to the person and property of Chinese subjects. That is, it is proYided 

that the President may designate for this purpose such officers as he 

may choose. Now, is not the power there given so discretionary that 

the President may, if he chooses, entirely ignore it and accept the findings already made? · lli. McCREARY. l\1r. Chairman, in response to the gentleman's 

question I will say that the President's message shows that he is in 

favor of indemnifying the Chinese, and I am satisfied that if the Senate 

bill is passed by this House and becomes a law the amount allowed by 

the United States officers who act as commissioners will b~paid without hesitation. 

Mr. MORROW. Mr. Chairman, I desire in the few moments I have 

to call the attention of tbe committee to one of the features of this bill 

which appears to me to be involved in the treaty originally negotiated 

between this Government and China. in 1880. The gentleman from 

VIrginia [Mr. DANIEL] wns interrogated a moment ago bymycoll8ao<YUe 

[Mr. McKENNA] as to why it is that ·we propose to indemnify the 

Chinese Government for assaultstll)(}n Chinese subjects when we would 

not do so upon the deman!l of any other government for assaults UJlOn 

other subjects. This condition of affairs grows somewhat out of the 

terms of the treaty negotiated between this. country and China in 1880. 

For thirty years the people of the Pacific Coast had ·been protesting 

against Chinese i.mm.igration. The agitation finally resulted in the appointment of a commission to go to China for the express purpose of 

securing a treaty that would effectually prevent the further immigration of Chinese subjects to this country. The negotiations took form 

in the treaty known as the treaty of November 17, 1880, the title of 

which is a "Treaty between the United States and China concerning 

immigration.'' The first paragraph reads : 

Whereas a treaty between the United States of Ameriro a.nd China. for the 

modification of the existing treaties between the two countries, by providing 

for the future regulation of Chinese immigration into the United States was concluded and signed., &c. 

Then it goes on to say: 

Wberens the Government of the Unjted States, because of the constantly-increasing immigration of Chinese laborers to the territory of the United States, 

and the embarrassment consequent upon such immigration, now desires to ne- gotiate a modification of the existing treaties which shall not be in direct con- tra-vention of their spirit, &c. · 

In the first section of the treaty the two governments provide that 

Chinese immigration to this country may be regulated, limited, or suspended; and in section 2 it is provided that "Chinese subjects, whether 

proceeding to the United States as students, merchants, or from curiosity, together with their body and household servants, and Chinese 

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

rights, privileges, immunities, and exemptions which are accorded to 

the citizens and subjects of the most favored nation.'' 

This last provision of this tre.:'l.ty, taken in connection with our supposed duty to other nationS", has been construed as the basis upon which 

this claim is made by China against the United States. Now, I desire 

to call the attention of this House to the fact that while the expressly 

declared purpose of this treaty was to stop Chinese immigration, and 

while there has been an effort on the part of Congress by appropriate l~ai.hlation to prevent further immigration, the legislation in that direction has practically failed, and the invasion hns continued chiefly be- cause C"'hina has not aided in carrying out the purpose of the United 

States in this respect, and this treaty is now relied upon by China to 

secure a special indemnity which we would not accord to the subjects 

of any other nation. 

Awhile ago I asked the chairman of the Committee on Foreign .Affairs what would be done concerning the bill amending the restriction 

act, and he informed us that the bil~ for that purpose, which passed 

the Senate and came over here with this bill, is not to be brqnght before the House at the present session, oil the ground that negotiations are pending for another treaty. Now, I am not going to oppose the 

indemnification of the Chinese in this case in a proper way, and I prefer the Senate bill for that purpose; but while weare indemnifying the 

Chinese, I say that the Congress of the United States ought also to 

consider the fact that the maj.n effect and material provision in this 

trea.ty was and is the stoppage of Chinese immigration into this coun- try, which has not been ~omplished. If we fail to act upon that important feature of this case Congress will have failed to perform its 

duty to the people of this country, and I protest against this course. M:r. COX, of North Carolina. Will the gentleman permit me to inquire whether the investigation of this assault was not made by the 

officers of the milroad in whose employ the Chinamen were? 

Mr. MORROW. Yes, sir. 

lli. COX, of North Carolina. No officer of the United States was engaged in it. 

Ur. MORROW. No officer of the United States. 

Now, Mr. Chairman, as I have said, I shall favor the bill which has come from the Senate. I believe it is well enough under all the circumstances for this Government to provide for the ascertainment and payment of this claim, but I am equally clear that it is the duty of the 

President and of the Secretary of State to sanction, and of the Congress 

of the United States to provide such amendments to the restriction act, 

as will effectually prevent the further immigration of Chinese laborers 

into this country. The remedy for this evil rests with us. Let us be 

just to our own people while we are generous to others. 

In conclusion, I desire to say that if the chairman of the Committee on Foreign Affairs will call up the bill to amend the restriction act and aid 

in passing it through the House at this session, he will have succeeded 

not only in doing something generous in the matter of indemnifying the 

Chinese, but he will also aid in doing what is right and just towards 

the people of the Pacific Coast who are suffering from the effect of this 

continued Chinese immigration. 

Mr. BELMONT. ~1r. Chairman, it seems to me the time has arrived 

-when the House should impose a limit to debate on this question. [Cries of "Vote!'' "Vote!"] If there is no desire for further discussion 

I will move that the committee rise and report the bill to the House. 

The CHAIRMAN. There is an amendment pending which must 

first be acted on. The question is on the amendment reported by the 

Committee on Foreign Affairs as a substitute for the bill of the Senate. 

The question being taken, there were-ayes 58, noes 60. 

Mr. DANIEL. No quorum. 

Tellers were ordered; and lli. DANIEL and Mr. BELMONT were appointed. 

Mr. CLEMENTS. Mr. Chairmain, if that substitute reported by 

the House committee be voted down will not the question then recur upon the Senate bill? 

The CHAIRMAN. It will. 

Mr. ANDERSON, of Kansas. I would like to make this inquiry: It 

the House substitute should be adopted would not the question then 

go ro a.· committee of conference and would there not be ample time 

after that for the two Houses to come to an agreement on this question? 

The CILURUAN. That is not a parliamentary inquiry. 

Mr. RICE. I desire to ask whether a yea vote on this question is not 

in favor of the House resolution and a nay vote for the Senate bill. 

Several MEl\IBERS. That is understood. 

The committee again divided; and the tellers reported-ayes 101, noes 68. 

So the substitute wns adopted. 

Mr. BELMONT. I move that the committ-ee rise and report the bill 

to the House as amended. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker having resumed 

the chair, Mr. MCMILLIN reported that the Committee of the Whole on the state of the Union having had under consideration the bill (S. 

2225) to indemnify certain subjects of the Chinese Empire for losses sus- tained by the violence of a mob at Rock Springs, in the Territory of' 

Wyoming, in September, 1885, had directed him to report the same , 

back to the House with an amendment in the form of a substitute. 

The SPEAKER. The question is first on agreeing to the amend· 

ment reported from the Committee of the W'.nole Honse on the state of 

the Union. 

The amendment was adopted. 

The bill as amended was ordered to a third reading, was accordingly 

read the third time, and passed. 

Mr. BELMONT moved to reconsider the vote by which the bill was 

passed; and also moved that the motion to reconsider be laid on tho 

table. 

The latter motion was agreed to. 
1512 .. CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

The SPEAKER. If there be no objection, the joint resolution {H. 

Res. 147) on this same subject, a joint resolution .Jlr?Vidin~ in?eJ?ll~ty 

to certain Chinese subjects for losses sustained within the Junsdi~tiOn 

of the United States will be take:d from the Calendar of the Committee 

of the Wbole Honse' on the state of the Union and laid on the table. 

There was no objection. . Mr. BELMONT. I have been requested by several gentleme~ to.ask 

consent that they may print remarks in the RECORD on the bill JUSt 

passed. 

The SPEAKER. Is there objection to allowing all members who 

desire to do so to print remarks in the RECORD on the bill jnst passed? 

The Chair hears none, and le.we is granted. , SECTION 5-1181 REVISED STATUTES. 

. Mr. ELDREDGE, by unruilmous consent, introduced a bill (H: R. 

11113) to amend section 5418 of the Revised Statutes of the Umted 

States· which was read a first and second time, refe~d to the Com- mitte~ on the Judiciary, and ordered to be printed. 

l\IESS.AGE FRO)! THE SEN .ATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, an- nounced that the Senate had agreed to the amendment of the House 

to the bill (S. 1154) to authorize the city of Newport, R.I., to use the 

site of Fort Greene as a public par,k. 

The message also returned, in cempliance with ~he request of t~e 

House the bill (H. R. 8976) to incorporate the Washington Cable Railway C~mpany of the District of Columbia. 

The message also announced that the Senate had passed with ~mendments bills of the following titles; upon which a conference With the 

Honse was requested, and on which the Senate bad appointed conferees 

ns indicated: . A bill (H. R. 4083) to empower the Commissioner of Agriculture to 

transfer a certain appropriation-l\Ir. HALE, Mr. DAWES, l\Ir. Go:a1\I.AN. 

A bill (H. R. 5775) for the relief of James M'. M'cKamey-Mr. MANDERSON, Mr. HAWLEY, and Mr. HAMPTON. . A bill (H. R. 4839) for the relief of E. P. McNeal-Mr. DoLPH, Mr. 

SPOONER, and Mr. HARRIS. 

A bill (H. R. 4308} to regulate steam engineering in the District of 

Columbia-1\Ir. CHENEY, Mr. INGALLS, and Mr. V .ANCE. 

The message also announced that the Senate ha~ p~ed without 

amendment a joint resolution and bills of the followmg titles: 

A joint resolution (H. Res. 72) to provide for the settlement of ac- counts with the Mobile and Ohio Railroad Company; 

A bill (H: R. 79) for the relief of Pryor N. Lea; 

A bill(H. R. 633) for the relief of Maj. G. W Candee; 

A bill (H. R. 707) for the relief of J. R. Martin; 

A bill (H. R. 898) for the relief of the estnte of Joel C. Frazier, deceased; . A bill (H. R. 1143) authorizing the ~ecretary of :Var to dehver to the 

Somerville Grand Army of the Republic, of Somerville, Mass., four con- demned gun-carriages, to be used for monumental purposes; 

A bill (H. R. 1261) for the relief of Henry A. Pans; 

A bill (H. R. 1455) for the relief ofLysander H. Carroll; 

A bill (H. R. 1622} to prohibit any officer, agent, or servant of the 

Government of the United States of America to hire or contract out the 

labor of prisoners incarcerated for violating ibe laws of the Government of the United States of America; • A bill (H. R. 1993) for the relief of St. l\1ark's Protestant Episcopal 

church in the District of Columbia; 

A bill (H. R. 2053) for the I'elief of Raehael J. Floyd; 

A bill (H. R. 2086) for the relief of Francis M. Bell; · 

A bill (H. R. 2173) for the rel!-ef of George W: Cousins; . A bill (H. R. 4806) to authonze the constructiOn of a bndge across. the Eastern Branch of the Potomac River, at the foot of Pennsylvania 

avenue, east; 

A bill (H. R. 5326) for the relief of E. B. Dawson; 

A bill (H. R. 5652) for the relief of James W. Goodrich; 

A bill (H. R. 5651} for the relief of David W. Low; 

A bill (H. R. 7083) to incorporate the trustees of the Young Woman s 

Christian Home in Washington, D. C.; 

A bill (H. R. 7648) for the relief of the estate of the la.te John How, 

Indian agent, and his sureties; 

A bill (H. R. 7860) to amend an act entitled "An act to amend the 

statutes in relation to the immediate transportation of dutiable goods, 

and for other purpo es," approved June 10, 1880; 

A bill (H. R. 8297) for the relief of Frank Shutt; 

A bill (H. R. 8803) directing the Commissioner of the District of Columbia to execute a deed of quit claim and release to a certain alley in 

Washington to Cornelia P. Randolph and others; 

A bill (H. R. 9653) to amend section 3058 of the Revised Statutes; 

an<l 

A bill (H. R. 9918) to provide for grading and paving the approaches 

to the national cemetery near Danville, Va. 

IMPORT.ATIOY OF OPIUM. 

Mr. BELMONT. I yield to my colleague on the committee, the gentleman from North Carolina [Mr. Cox]. 

l\Ir. COX. I call up from the Honse Qalendar the bill (S. 3044) to 

provide for the execution of the provisions of article 2 of the treaty conclud~d between the United States of America ana the Emperor of 

China on the 17th day of November, 1880, and proclaimed by the President of the United States on the 5th day of October, 1881. 

The bill was read, as follows: 

Be it enacted &c That the importation of opium into a.ny of the ports or the 

United States 'by ·~y subject of the Emperor o_f China. ~s. hereby prohibited. 

Every person guilty of a. violation of the preceding provts1on sh!l-11 be deemed 

guilty of a. misdemeanor, and, on conviction th!lreo~. shall be pumshe~ by a fine 

of not more than $.'500 nor less than $50, or by Imprisonment for a penod of_not more than six months nor less than thirty days, or by both such fine and Imprisonment, in the discretion of the court . SEC. 2. That every package containing opium, either in whole or. in pa.rti imported into the United States by any subject of the ~mperor of Chma, ~ha I be deemed forfeited to the United States; an? p~oceed1~gs for the declaratiOn ~nd 

consequences of such forfeiture may be mst1tuted m th_e courts of t_he Um~ed 

States as in other cases of the violation of the laws relatmg to other lllegal unPOS:~i3.n~hat no citizen of the United States shall import opium into a.ny of the open ports of China, nor transport the same from one open port. to any other open port or buy or sell opium in· any of such open ports of Chma, nor s~all 

any vessel' owned by citizens of th!l :United States, o~ any vessel, whether foreign or otherwise, employed by any citizen of the Umted States, or owned by any citizen of the United States. either in whole or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports o~ China, or transport the sam~ from one o~en port to any other open port, or be engaged in any traffic therem bet~een or. m such open .P?rts or an~ ofth~m. 

Citizens of the United States otfendmg a.gamst the provisions of this sect10n 

shall be deemed guilty of a. misdemeanor, and, upon conviction thereof, shall 

be punished by a. fine not exceeding S500 nor less than S50. or by both .such pun- ishments, in the discretion of the court .. The consular cour~ of t-he Un~ted Stat:es 

in China., concurrently with any district court of the l!m.te~ S_t.a.tes m the district in which any otfende~ J?lS.Y be found, shall ~a.ve Jurl;S~Ction to hear, !'rY· 

and determine all cases arl8mg under the foregomg provl8tons of this s~ct10n, 

subject to the general regulations provided by law. Every package of opmm or package containing opium, either in whole or in l?ll:rt,broug~t. ta.k~n or trans- ported, trafficked, or dealt in contrary to the proviSions of th1s se~t10n, shall be 

forfeited to the United States, for the benefit of the Emperor ofChma.; and such 

forfeiture a.nd the decla.ration and consequences thereof, shall be made, had, determin~d. and executed by the proper author.ities of the United States exer- cising judici~l powers within the Empire of China. 

Mr. COX, of North Carolina. This bill, Mr. Speaker, does not interfere between the citizens of the United States and other governments except with reference to China. By a treaty which wasra.tified 

in 188l it was agreed that in the open ports of China, certain designated ports, they should not permit opium to be carried there by ~itizens of the United States, nor to be brought here and sold by Umted 

States citizens to the subjects of China. 

It is well known that one of the greatest social evils, probably, prevailing in China iB the traffic in opium. By the treaty of 1841, made 

by Mr. Reed, it was restricted, and citizens of the Un~ted States in 

China violating the provisions of that treaty were punlShable under 

the ln.ws of China. The Burlingame treaty made no provision in re- ference to the subject, but there is a treaty which regulates the mode 

and method of punishment of United States citizens who reside in 

China. and engage in this traffic .. N.?w they are punishable ~~er the 

laws of the United States, and this 18 expressly to prev-ent Citizens of 

the United States in China from engaging in the traffic. 

I do not suppose it is necessary to say anything more in regard to 

the bill. 

~Ir. Speaker, the bill now presented for consideration is a measure to carry out certain treaty stipulations between the Chinese Government and our own, which was ratified by the President in May, 1881. 

It relates to what is known as the opium trade, to repress importation 

into the United States by Chinese subjects, and the importation by citi- zens of the United Stat-es of opium into any of the open ports of China, 

or transport..1.tion from one open port to another, or the buying and sale 

of opium in any such ports. 

By the treaty of 1844 there are five open pol't.s provided for in China, 

and in these open ports the citizens of the Unit-ed States have the right 

to obtain houses and plaees of business, &c. By the treaty of 1858, the 

number of these ports was increased, with the power to the citizens of 

the United States who may be there to reside with their families in 

the same and to trade and proceed from one port to another on busi- ness or pieasure. They shall not, however, use the privilege thus accorded them to carry on a clandestine or illegal trade along the coast, 

under such pains and penalties as ma_y be prescribed by law. 

Under the treaties extending up to 1858 citizens of the United S~tes 

violating the laws of China in regard to prohibited traffic were subJect 

to the jurisdiction of the Chinese courts for trial and punishment. Tho. 

treaty concluded November, 1880, contains the article which I will 

send to the Clerk's desk to be read. 

The Clerk read as follows: 

ARTICLE II. 

The Governments of China. and of the United States mutually agree a.nd un· dertak:e that Chinese subjects shall not be permitted to import opium btto n.ny of the ports of the United States; a.nd citizens of the United. States shall not b.o 

permitted to import opium into any of the open ports of Ch1na.; to transport tt from one open port to any other open port; ot; to buy an~ sell opium in nny ot the open ports of China. This absolute prohibition, which extends to ycssow 
1887. CONGRESSIONAL RE.dORD-HOUSE. 1513 

owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either power and em- ployed by other persons for the transportatian of opium, shall be enforced by 

appropriate legislation on the part of China. and the United States: and the benefits of the favored-I\Iltion clause in existing treaties shall not be claimed by the 

citizens or subjects of either power as against the provisions of this article. 

:M:r. COX, of North Carolina. The President of the United States 

in May last communicated to Congress in special message the necessity 

for some legislation to carry into effect the provisions of this article. 

There are provisions in this treaty affecting our citizens in China. which are provided for under this bill. A recent case has been called to the 

attention of the State Department by United States minister at Pekin 

concerning the right of an American citizen to lease to a British mer- chant a portion of his house for the opium business. The excessive use of opium in China is known to be one of her greatest social evils, a curse and an affiiction to her people. 

The manifest intent of this treaty is to prevent American citizens in 

(.,'hina from engaging in this opium traffic, or in knowingly aiding oth- ers to do so. The treaty itself is nflt self-executing. Appropriate_ legislation is required to make it effective. The passage of this bill, it is 

believed, will accomplish the purpose, and if no gentleman desires to 

be heard on the subject and no further explanation is required, I ask 

that it may be put upon its passage. 

The bill was ordered to a third reading; and being read the third time, was passed. 

Mr. COX, of North Carolina, moved to reconsider the vote by which 

the bill was passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

APPOINTMENT OF HOUSE CONFEREES. 

The SPEAKER announced the appointment of Mr. SWOPE, Mr. 

LOVERING, and Mr. CoNGER as managers at a conference on the disagreeing votes of the two Houses on the bill (S. 2519) granting a pension to Richard B. Rians. 

PROTECTION OF SUBM.ARIXE CABLES. 

Mr. BELMONT. :Mr. Speaker, I call up for consideration House 

bill 9324, and yield to my colleague from Virginia [Mr. DANIEL]. 

The bill was read, as follows: 

Be it enacted, &c., That this act shall be known as the 11 submarine cables act ofl886." 

SEc. 2. That the provisions of this act shall be held to apply only to cables to which the convention of the 14th of March, 1884, which is hereto annexed and 

herein referred to as the convention, for the time being applies; and, subject to the provisions of this act, the provisions of the convention shall be of the same force as if they were embodied in this act, and shall be taken to be a part hereof. 

SEC. 3. That any person who shall willfully break or injure, or attempt to break or injure, or who &hall in any manner procure, counsel, aid, abet, or be 

accessory to such breaking or injury, or attempt to break or injure, a submarine 

cable, in such manner as to interrupt or obstruct, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction 

thereof, shall be liable to imprisonment for a term not exceeding two years, and to a. fine either in lieu of or m addition to such imprisonment. SEc. 4. That any person who by culpable negligence shall break or injure a submarine cable in such manner as to interrupt or obstruct in whole or in part telegraphic communication shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding three 

months, and to a fine not exceeding 5500 in lieu of or in addition to such imprisonment. 

SEc. 5. That the provisions of this act shall not apply to a person who breaks or injures a cable in an effort to save the life or limb of himself or of any other 

person, or to save his own or any other vessel: Provided, That he takes reason- able precautions to avoid such breaking or injury. SEC. 6. That the provisions of the Revised Statutes from section 4300 to section 

4305, inclusive, for ·the trial of offenses against the navigation laws of the United 

States, shall extend to the trial of offenses against the provisions of articles 5 

and 6 of the convention; and a person convicted of an offense against the provisions of the said articles shall be liable to a fine not exceeding 5500. 

SEc. 7. That the penalties provided in this act for the breaking or injury of a submarine cable shall not be a bar to a suit for diiJllages on account of such 

breaking or injury. SEc. 8. That the provisions of article 4 of the convention, in so far as they re- late to the payment by the owner of a. cable of the cost of repairs of another cable 

broken or injured in the attempt to lay or repair the former cable, shall not apply to that part of the latter cable which is laid in a.. depth of water exceeding one hundred fathoms. 

SEc. 9. That for the purpose of carrying into effect the convention a. person commanding a. ship of war of the United States or of any foreign state for the 

time being bound by the convention, or a ship specially commissioned by the 

Government ef the United States or by the government of such foreign state, 

may exercise and perform the duties vested in and imposed on such officer by the convention. 

SEc. 10. That when an offense against this act shall have been committed by means of a vessel, or of any boat belonging to a. vessel, the master of such ves- sel shall, unless some other person is shown to have been in charge of and nav- igating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. SEc. 11. That any document drawn up in pursuance of article 7 or article 10 

of the convention shall be admissiblf'l in any proceedings, civil or criminal, as prima facie evidence of the facts or matters stated therein. 

SEC. 12. Tha.t unless the context of this act otherwise requires, the term 11 ves- sel" shall be taken to mean every descrirtion of vessel used in navigation, in 

whatever way it is propelled ; the term ' master" shall be taken to include 

every·person having command or charge of a. vessel; and the term "person" 

Co include a body of persons, corporate or unincorporate. 

SEc. 13. That the district courts shall have jurisdiction of all suits of a civil nature arising under this act; and from all decrees or judgment-s in such suits, 

where the matter in dispute exceeds the sum of $50, exclusive of costs, an ap- peal shall be allowed to the circuit court next to be held in such district, and 

such circuit court is required to receive, hear, and determine such appeal 

.. 

SUBMARINE CABLE9 OONVENTION. 

Convention for the protection of submarine cables, made on the 14th of March, 

1884, between the United St-ates of America; His Majesty the Emperor of 

Germany, King of Prussia; His Excellency the President of the Argentine 

Confederation; His Majesty the Emperor of A.nstria, King of Bohemia., &c., 

A.postolical King of Hungary; His Majesty the King of the Belgians; His 

Majest} the Emperor of Brazil; His Excellency the President of the Republic 

of Costa. Rica.; His Majesty the King of Denmark; His Excellency the Pres. 

ident of the Dominican Republic; His Majesty the King of Spain,; His Ex· 

cellency the President of the United States of Colombia; His Excellency the President of the French Republic; Her Majesty the Qneen of the United 

Kingdom of Great Britain and Ireland, Empress of India; His Excellency the President of the Republic of Guatemala; His Majesty the King of the 

Hellenes; His Majesty the King of Italy; His Majesty the Emperor of the 

Ottomans; His Majesty the King of the Netherlands, Grand Duke of Lux- em bourg; His 1\Iajesty the Shah of Persia; His ~esty the King of Portugal and the Algarves; His Majesty the King of Roumania.; His Majesty the 

Emperor of all the Russias; His Excellency the President of the Republic of Salvador; His Majesty t.he King of Servia; His Majesty the King of 

Sweden and Norway; and His Excellency the President of the Oriental Re- public of Uruguay. 

The following is an English translation of the convention, with the omission 

of the formal beginning and end: 

ARTICLE L 

The present convention shall be applicable, outside of the territorial waters, to all legally established submarine cables landed in the territories, colonies, or possessions of one or more of the high contracting parties. 

ARTICLE II. 

The breaking or injury of a submarine cable, done willfully or through culpable negligence, and resulting in the total or partial interruption or embarrass- ment of telegraphic communication, shall be a punishable offense, but the pun- ishment infiicted shall be no bar to a civil action for damages. 'rhis provision shall not apply to ruptures or injuries when the parties RUntY 

thereof have become so simply with the legitimate object of saving their lives or their vessels, after having taken all necessary precautions to a void such ruptures or injuries. ARTICLE III. 

The high contracting parties agree to insist, as far as possible, when they shall 

authorize the landing of a submarine cable, upon suitable conditions of safety, 

both as regards the track of the cable and its dimensions. 

ARTICLE IV. 

The owner of a cable who, by the laying or repairing of that cable, shall cause the breaking or injury of another cable, shall be required to pay the cost of the 

repairs which snch breaking or injury sha.ll have rendered necessary, but such 

payment shall not bar the enforcement, if there be ground therefor, of Article 

II of this convention. ARTICLE V. 

Vessels engaged in laying or repairing submarine cables must observe the 

rules concerning signals that have been or shall be adopted, by common con- sent, by the high contracting parties, with a view to preventing collisions at sea. 

When a vessel engaged in repairing a cable carries the said signals, other 

vessels that see or are able to see those signals shall withdraw or keep at a. dis- tance of at least one nautical mile from such vessel, in order not to interfere 

with its operations. Fishing gear and nets shall be kept at the same distance. 

Nevertheless a period of twenty-four hours at most shall be allowed to fishing vessels that perceive or are able to perceive a telegraph ship carrying the 

said signals, in order that they may be enabled to obey the notice thus given,. 

and no obstacle shall be placed in the way of their operations during such pe- riod. _ · The operations of telegraph ships shall be finished as speedily ns possible. 

ARTICLE VI. 

Vessels tha.t see or are able to see buoys designed to show the position of 

cables when the latter are being laid are out of order, or are broken, shall keep at a distance of one quarter of a nautical mile at least from such buoys. Fishing nets and gear shall be kept at the same distance. · 

. ARTICLE yri. 

Owners of shipsorvessels who can prove thattheyha.ve sacrificed an anchor, a net, or any other implement used in fishing, in order to avoid injuring a submarine cable, shall be indemnified by the owner of the cable. In order to be entitled to such indemnity, one must prepare, whenever pos- sible, immediately after the accident, in proof thereof, a st-atement supported 

by the testimony of the men belonging to the crew ; and the captain of the ves- sel must, within twenty-four hours after arriving at the first port of temporary 

entry, make his declaration to the competentauthorities. The latter shall give notice thereof to the consular authorities of the nation to which the owner of 

the cable belongs. ARTICLE VIII. 

The courts competent to take cognizance of infractions of this convention 

shall be those of the country to which the vessel on board of which the infrac- tton has been committed belongs. It is, moreover, understood that, in cases in which the provision contained in 

the forego in~ paragraph can not be carried out, the repression of violations of 

this convention shall take place, in each of the contracting States, in the case of its subjects or citizens, in accordance with the general rules of penal com- petence established by the special laws of those States, or by international 

treaties. ' · ARTICLE IX. 

Prosecutions on account of the infractions contemplated in .Article.s II, V, 

and VI ofthisconvention shall be instituted by the State or in its name. 

ARTICLE X. 

Evidence of violations of this convention may be obta.iried by all methods of 

securing proof that are allowed by the laws of the country of the court before 

which a case bas been brought. When the officers commanding the vessels of war or the vessels specially com- missioned for that purpose, of one of the high contracting paties, shall have reason to believe that an infraction of the measures provided for by this con- vention has been committed by a vessel other than a vessel of war, they may re· quire the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel Summary mention of such exhibition shall at once be made on the documents exhibited. 

Reports may, moreover, be prepared by the said officers, whatever may be 

the nationality of the inculpated vessel. These reports shall be drawn up in the 

form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused par-
/ 

1514 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 8; 

ties and the witnesses shall have the right to add or to cause t() be added thereto, 

in their own language, any explanations that they may deem proper; these 

declarations shall be duly signed. 

ARTICLE XI. 

Proceedings and trial in cases of infractions or the provisions of this conven- tion shall always take place as summarily as the laws and regulations in force Will permit. ARTICLE XII. 

The high contracting parties engage to take or to propose to their respective 

legislative bodies the measures necessary in order to secure the execution of 

this convention, and especially in order to cause the punishment, either by fine or imprisonment, or both, of such persons as may violate the_provisions of articles 

II, V, and VI. ARTICLE XIII. 

The high contracting parties shall communicate to each other such laws as may already have been or as may hereafter be enacted in their respective coun- tries, relative to the subject of this convention. 

ARTICLE XIV. 

States that h ave not taken part in this convention shall be allowed to adhere 

thereto, on their requesting to do so. Notice of such adhesion shall be given, 

diplomaticalty, to the Government of the French Republic, and by the latter to the other signatory governments. 

.ARTICLE XV. 

It is understood that the stipulations of this convention shall in nowise affect 

the liberty of action of belligerents. 

ARTI CLE XVI. 

This convention shall take effect on such day as shall be agreed upon by the 

high contracting parties. It shall remain in force for fi. ve years from that day, and, in case none of .the 

high contracting parties shall have given notice, twelve months previously to the expiration of the said period of five years, of its intention to cause its effects to cease, it shall continue in force for one year, and so on from year to year. In case one of the signatory powers shall give notice of its desire for the ces- sation of the effects of the convention, such notice shall be effective as regards 

that power only. .ARTICLE XVII. 

This convention shall be ratified; its ratifications shall be exchanged at Paris as speedily as possible, and within one year at the latest. 

In testimony whereof the respective plenipotentiaries have signed it, and 

have thereunto affixed their seals. Done in twenty-six copies, at Paris, this 14th day of March, 188--i. 

ADDITIONAL ARTICLE. 

The stipulations of the convention concluded this day for the protection of 

submarine cables shall be applicable, according to Article I, to the colonies and 

possessions of Her Britannic Majesty with the exception of those named below, to wit: 

Canada, Newfoundland, The Cape Natal, New South Wales, Victoria, Queensland, Tasmania, South Australia, West Australia, New Zealand. Nevertheless, the stipulatious of the said convention shall be applicable to one of the 

above-named colonies or possessions, if, in their [its?] name, a. notification to that effect has been addressed by the representative of .Her Britannic MaJesty at Paris t() the Minister of Foreign Affa.irs of France. Each of the above-named colonies orpossessionsthatshallhaveadheredto the 

said convention shall have the privilege of withdrawing in the same manner as the contracting powers. In case one of the colonies or possessions in question shall desire to withdraw from the convention, a notification to that effect shall be addressed by Her Britannic Majesty's representative at Paris to the Minister 

of Foreign Affairs of France. 

Mr. DANIEL. Mr. Chairman, this bill is one prepared bytheState 

Department for the purpose of e~;trrying out the convention between 

the United States Government and certain foreign powers-that is to 

say, between the United States and the Emperor of Germany, the King 

of Prussia, and variDus other sovereigns comprising a long list which it 

is scarcely necessary now to recapitulate. By that convention it was provided that it should be applicable outside of the territorial waters 

to all legally established submarine cables landed in the territories, 

colonies, or possessions of one or more of the high contracting parties. 

This bill is simply an undertaking on the part of the United States 

Government to fulfill its part of that convention by providing penalties 

for infringement upon or injury done to submarine cables when done 

by vessels or by persons upon vessels which belong to the United 

States. 

The only suggestion which I would have to make in addition to the 

report of the committee, and the specifications of the bill which speak 

for themselves, is the addition at the end of the third section of the words 

"not exceeding five thousand dollars." , This section provides for the 

punishment of any person who willfully violates the provision.s of the 

act. 

It is in the following words: 

That any person who shall willfullybrea.kor injure, or attempt to break orinjure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury , or a ttempt to break or injure, a submarine cable, in 

such manner as to interrupt or obstruct, in whole or in part, telegraphjc com- munication, shall be g uilty of a misdemeanor, and, on conviction thereof, shall be 

liable to imprisonment for a term not exceeding two years, and to a. fine, either ·in lieu of or in a ddition to such imprisonment, not exceeding $5,000. 

Now, in the bill which was offered to the House I do not see that 

there is any limitation upon the fine which is to be assessed against the 

person thus guilty, whereas in the report of the committee in the 

printed bill these words appear. I presume, therefore, that by some 

clerical error it was nmitted in the text of the bill as originally reported, and I move at the end of the third section to add the words, 

"not exceeding five thousand dollars." 

'l'he SPEA.KER. The Clerk will report the amendment proposed by the gentleman from Virginia. 

The Clerk read as folloWE: 

At the end of se ction 3 add, "not exceeding $5,000." 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third reading; 

and being engrossed, was accordingly read the third time, and passed. Mr. DANIEL moved to reconsider the vote by which the bill was passed, and also moved that the motion to reconsid~ be laid on the 

table. The latter motion was agreed to. 

.AMERICAN FISHERIES. 

The SPEAKER laid before the House the following messap;e from 

the President of the United States; which was read, and, with the ac· companying documents, referred to the Committee on Foreign Affairs, 

and ordered to be printed: 

To tlte House of Rep1·esentatives of 01e United States: 

I transmit herewith, in response to a. resolution of the House ofthe2!C.h ultimo, a report of the Secretary of Stat-e. with accompanying copies of correspondence between the Governments ofthe United States andGreatBritainconcerni.ngthe rights or American fishermen in the waters of British North America, supple· 

mental to the correspondence already communicated to Congress with my meg.. 

sage of December 8, 1886. GROVER CLEVELAND • ExECUTIVE MANsiON, Februa1"]J8,18S7. 

MESSAGE FRO"M THE PRESIDENT. 

A message in writing from the President of thA United States was communicated to the House by Ur. PRUDEN, one of his secretaries, who also announced that the President had approved bills of the follow· ing titles: 

An act (H. R. 8310) Jrranting a pension to Cyra L. Weston; 

An act (H. R. 929) granting a pension to G. W. Fraley; 

An act (H. R. 6819) granting a pension to ;W"illiam Conner; 

An ad (H. R. 5599) granting a pension to Joshua L. Morris; 

An act (H. R. 8827) granting a pension to John Buchanan; and 

An act (H. R. 8180) to increase the pension of Charles Hahneman. 

Co::\IMERCIAL RELATIONS BETWEEN .A.:l\IERICAN COUNTRIES. 

Mr. McCREARY. I call up for consideration th~ bill (H. R. 7884) 

authorizing the President of the United States to arrange a conference 

for the purpose of promoting arbitrntion and encouraging reciprocal 

commercial rel.a.tions between the United States of America and the 

Republics of Mexico, Central and South America, and the Empire of 

Brazil. 

Mr. MILLS. I reserve points of order on that bill. 

The SPEAKER. The bill is in the Committee of the Whole House on the state of the Union. 

Mr. McCREARY. I mDve that the House resolve itself into Com· 

mittee of the Whole House on the state of the Union for the consider· a.tion of this bilL 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the Whole on the state of the Union, Mr. liAM:MOND in the chair. The CHAIRMAN. The Honse is in Committee of the Whole for 

the purpose of considering the bill, which the Clerk will read. · T.he Clerk read as follows: 

Be it enacted, c!:c., That the President of the United States be, and he is hereby, 

requested and authorized to invite the several governments of the Republics o! 

Mexico, Central and South America, and the Empire of Brazil to join the United 

States in a conference to be held at Washington, in the United States, for the 

purpose of discussing and recommending for adoption to their respective gov· ernments some plan of arbitration for the settlement of disagreements and dis- putes that may hereafter arise between them, and for considering guestions 

relating to the improvement of business intercourse between said countries, 

and to encourage such reciprocal commercial relations as will be beneficial t-o all and secure more extensive markets for the products of each of said coun- tries. The President of t-he United tates shall appoint three commissioners 

who shall attend said conference on behalf of the United States, and shall re- port the proceedings thereof to the Presldent, who shall transmit the same to Congress; and the com.missioners shall each receive the sum of-$1,000 for their 

services; and the sum of $20,000, or so much thereof as shall be necessary, is 

hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay said compensation and the reasonable expenses of the confer- ence, to be approved by the Secretary of State. 

Mr. McCREARY. Mr. Chairman, I had the honor to introduce the 

bill just Tead. Encouragement of commerce and promotion of arbi· 

tration should be interesting to all. 

The Dbject of the bill under consideration is to authorize the Pres. 

ident of the United States to invite the several Governments of the 

Republics of Mexico and of Central and South America and the Empire of Brazil to join the United States in a conference to be held at 

WashingtDn, in the United States, for the purpose of encouraging reciprocal commercial relations between our country and the countries 

named, and also tD discuss and recommend to the respective governments some plan of arbitration for international disagreements. 

Our Republic is at peace with all the world. Its situation, its population, its wealth, its achievements, and its possibilities are such as to 

justify it in assuming to be one of the leading powers of the world, and 

certainly the leading republic of this continent. Follomng its ex- ample, the Republics of Mexico and Central and South America 

threw off the yoke of foreign domination and have established independent, popular governments, fashioned in many respects like ours. In all of the western hemisphere there is no place so appropriate for 

the delegates from the three Americas to assemble as here at the capi· 

tal of our great Republic. 

• 
• 

·1887. CONGRESSIONAL-RECORD-HOUSE. 1515 

~e times and ~he su~unding circumstances are auspicious for a con- ventiOn o~ Amenca~ nations. It has not been long since a national 

Democratic conventiOn declared "we favor an American continental ~licy based upo~ more in~mate commercial and political relations 

With the ~een ~ter rep~bhcs of North, Central, and South America, 

but entangling alliances w1th none," and Mr. Jefferson in his inaugural 

addre...<:S, at the beginning of the present century, announced the same sentim~nt when he ~id ''peace, ~mmerce, and honest friendship with 

all nations, entangling alliances w1th none.'' · A few y~rs ago the people of o~r Republic celebrated the one hundredth anm versv.ry of the Declaration of Independence in the city of 

Philadelphia, where our independence was declared and where the first 

constitutional co.nvention was held and where Independence Hall still 

stands. All believed on that grand oceasion that the human mind co~d scarcely assi.gn a ~mit to the growth of our Republic, or compute a time-table to ~t1mate I~ .prog~ess if under wise statesmanship, proper 

econ?my, and a JUSt adiDllllstratxon of the Government its prosperity is 

continued. 

The first century of our Republic was mainly devoted to material deve~opment, to the co~~ruction.of great transportation lines, to inventions of every descnption, to Improvements in science literature 

and art,. to the restoration of fraternity and friendship bet~een differ: 

ent sections, to the formation of that Constitution which the ~eat 

Gl.a:dstone termed ''the most wonderful work ever prepared by the 

bram and purpose of man," and to the perfection of that government 

which Abraham Lincoln rolled "a government of the people, by the 

people, and for the people.'' 

It is predicted by many of our wisest men that the second century of our national existence is '

1 destined to be the interl).ational era of the 

Republic, an era of enlarged commercial intercourse with the outside 

world, and particularly more intimate social and commercial relations 

between the several sister nations of the three Americas.'' 

The desire for a convention of all the natious of the American continent is not con?-ned to any ~litical party, section, or class. All classes 

and all the natiOns concerned seem to indorse the movement with en- thusiasm. 

I ~note only a few uttera;nces of presi~ents of various republics. The 

Prestdent of Guatemala sa1d to the Umted States commissioners: 

From the -yery beginning we have embraced with the greatest ardor the plan 

of th~ .Amer1can Congress to send a commission to the Spanish .American re- fbt!'~~S~r the purpose of securing more intimate and friendly relations between 

Such a nobl~ and elevated purpose C!!:n not but have the sincerest sympathy 

and co-operation from all t~ose w~o destre the progress of the several nations 

of the New World, so that In havmg the honor to receive you and give you a most affectionate welcome, it is gratifying to be able to assure yon that you will 

find on the part of U1e Government and the people of Gnatemala a sincere disposition to aid in the success of your most important mission. 

The grand Republic of the United States is the natural market of the dlfferen~ 

products we export, and t-!Iey should find in your rich and populous consumers who ar~ nble to send '!S m return the great variety of their agricultural ar.d m~ch!lrucal products With benefit to the producers and consumers of both coun- tries. 

Guat~mala h!ls always end~vore~ to maintain the greatest harmony with 

he nntions. "\Vhtch honor us w1th their friendship, and it hns always endeavored very espec:1ally to strength!'ln more and more the cordial relations which have 

forever exiSted between this country and the United Slates. 

The President of Venezuela said: 

Vene~uela and the United Stat:es have the same institutions, the same history. 

The Urute~ States produced the Immort-al George ·washington, "the first in the 

hearts ofhts countrymen," and Venezuela produced the immortal Bolivar the 

father of five republics, freed by t.be impulse of stupendous efforts. Both of 

th.em honored by the recognition of the two confederacies they are to-day the 

fatthtul representatives of the association of our interest's and aspirationsequality before the la"w' and the· truth of democracy. 

With these lofty motives thepeopleoftheNewWorldaspire by union to seek 

the de':elopment.of their i~dustri~l and C?mmereial prosperity and to cement ~~-alliance of VIews and mt.ents m the re1gn of equity and the empire of jusPresident Diaz, of Mex.ico, said, when asked about the p1·acticability 

of a congress of American nations: . 

That tJ;le su.~estion was an ?ld one, a:nd had many times been considered by t~e 1\lei~ca~ \:tOverrunent, which he believed had nlways favored it. He recited 

his ;reco,llectwn of the several at~empts made in this direction, beginning with 

Bolrya;r s pl~ o~ 1~. and the o.tt1trrde pre~nted on each occasion by the se>eral adnnrustratiO!J~ m his own. country, showmg great familiarity with the history of the proposition. He satd he had always hoped such an international conif

~ess would be some time held, as he believed great good could be accomplished all the American republics would consent to send d elegates to meet upon an equal foo~ing a!l-d agree upon measures for the common welfare. The chief obJect to be discussed at such a gatherino- would naturally be a method of arbitration by whl~h international differenc~ could be peacefully ad- justed, and another, equally Important, was to confine American trade so far as possible, to American nations. ' 

The President of Chili said: 

The e;xtraordinary progr~ of tJ;le United ~tates, independent of the advantage gamed by the extension of 1ts area, of Its geographical position and the 

elements ~hich constitute its social organization, is due to the liberal i~titutions under which the people are governed and by which it has been proven that the 

free people are those that really prosper, and are the only ones that have peace as the essential condition of material, intellectual and moral progress The South American republics when they made themselves free h~d in the 

northern zone an authority they could consult and an example they could follo..._-v. If, owing · to reasons which are well understood, they could not copy the e~ce you have fr&J?ed, the~ have always endeavored at least to inspire in , therr own people the tdeas which have enabled you to advance so resolutely on the road of human liberty and progress. If on this roarl. so happily trodden 

the .American constellation has added to its sta-rs, it is also true that the southern 

star, following with no less certainty in the same heavens and pursuinoo the same PU!J>~se, shii;les to-daywith greater.splendor and sho~ tha-t we hav~not been aiDJ.SS In seeking the path to glory, liberty, and prosperity. 

The subject of establishing closer international relations between all 

the r~p~bli~ of the American continent al?d also the Empire of Brazil, con~g m ~he aggrega~e one.hundred millions of people, for the purpose of rmprovrng the busmess mtercourse between those countries and 

securing more extensive markets for the products of each is both interesting and important. Sixizy' years ago this subject was advocated 

by Henry Clay and other great statesmen, and a conference was suggested between representatives of our Government and other governments, and President John Quincy Adams appointed representatives to 

the con~ess held at Panama to consider measures for promoting peace 

and reciprocal commercial relations between said countries. This con- ference was benefieial, but at that time our people were looking more to Europe for business and commerce than to the countries south of us and no action was taken by our Congress. Now our population and 

wealth make this the foremost republic of the world and our Government should inaugurate the movement in favor of ~n American con- ference .• The present depression of business and low p1ice of farm products are caused, to a considerable extent, by a limited market for our sur- plus products. Some of the best markets we can look to are not far 

beyond our southern border. They are nearer to us than to any other 

great commercial nation. The people of Mexico and of Central and 

South America produce much that we need, and our abundant agricultural, m::mufactur~d, and mineral productions are greatly needed by 

them. These countries cover an area of 8,118,84.4 square miles and 

ha;ve a population of 42,770,374. Their people recognize the m::peri- on ty of our products and desire more intimate business intercourse with our people, but the great bulk of their cofnmeree and trade is with 

Europe. The Argentine Republic has from forty-five to sixty steamships running regularly between Buenos Ayres and Europ~n ports 

and no regular line between that country and the United States and our commercial facilities with the other republics of Central and South 

America are about the same. In 1884 our exports were valued at $733,768,764. 

Of this amount we exported but $64,719,000 to Mexico and South 

and Central America. 

Our annual mechanical and agricultural products are valued at $15 - 000,000,000, while we seldom have sold more than $75 000 000 worth 

of th~e products to our nearest neighbom, who buy in 'Eur~pe at least 

five times as much as they get here. 

The total commerce of the countries named in 1883 was as follows: 

~~~~;:: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::~i:~:~: 

Of the $331,100,599 of merchandise sold to those countries the share 

of the United States was only $42,598,469; yet we are th~ir closest 

neighbor. 

The disparity of our trade with Peru, Chili, Argentine Republic and 

Brazil is both amazing and humiliating. ' 

Last year the imports of merchandise were as follows: 

To- I From Great From United 

Britain. States. 

~~~~{i~~ .. ·~·~i~~~~::::::::::::::::::::::::::::·:·::::::::-:-::::::::::::: Brazil ...........................................•.........•.................... 

$6,235,685 

11,060,880 

29,692,295 

33,946,215 

$743,105 

2, 2ll,007 

4,317,293 

7,317,293 

The following tables exhibit the population of the countries named 

and the relations of trade carried on by them with the United Sta~ and Great Britain during the last year: 

Argentine 

Republic. Brazil. 

Population .................•...........•....•. :............................... 2, 406,000 10,108,291 

=========F==~== 

~~r~ ~~~~A~::;:::::~~~:.::::::::~::_:::::::::::::::::: 1 im ~:m: m 

Population ................................................. "' ............... .. 9, 389. 461 1 s. 050, 000 

Exports to Great Brita-in .............................................. . 

~~~ fo unft~':t·~~~t:,~:::::::::::::::::::::::::::::::::::::::::: Imports from United States ..•....................•.................. 

83,502,500 $10, 4U, 170 5, 415, 765 6, 235, 685 

9, 267,021 1, 764,890 

8, 34.0, 784 742,105 
• 

1516 CONGRESSION-AL RECORD-HOUSE. FEBRUARY 8, · 

Population, relation of trade, &c.-Continued. 

Cen tra.l 

America.. Chili. Colombia. 

Population.................................................. Z, 900,000 2, 400,396 2, 951,323 

~==~=r-======~==== Exports to Great Britain............................ $6,526,950 $~2, 977,4651 ~2, 166,380 

Imports from Great Britain........................ 4, 624,560 11,060,880 6, 107,645 

Exports to United States .................. , ......... ! 6,409,001 604,525 2,342,007 

Imports from United States ... .................. ~. 2, 762,531 2, 211,007 5, 583,368 

' 

Venezuela I Uruguay I Dominion · · ofCanada. 

Population ............................................... . 2, 075, 24.2 I 447, 000 I 4, 750, 000 

Sl. soo. 565 $3, 283. 625 .

1 

845. 558. 555 3, 028,680 8, 131,640 44,657,095 

6, 309,580 2, 734, 617 39, 000,000 

3, 043, 609 1, 682, 443 50, 000, 000 

Exports to Great Britain .......................... . Imports from Great Britain ....................... . Exports to United States ........................... . Imports from United States ....................... . 

From the report of the commissioners to South and Central America 

I gather some remarkable facts: . We have more trade with either Belgium, Italy, The Netherlands, 

Spain, Switzerland, Russia, China, Japan, Australia,_ than we have with 

all the Central American States- combined. We have nearly as much 

trade with Greece as we have with Chili. We sell more sewing-machines in Switzerland than we sell in Chili, and Switzerland sells Chili more sewing-machines than she buys of us. England, France, and Germany have secured a monopoly of the trade 

of Spanish America, by the establishment of quick, regular, and cheap 

transportation, and we have lost it by neglect. For example, Bolivia 

has a foreign trade of over $16,000,000 a year, yet the name of that 

country does not appear in the tables of our Bureau of Statistics. The 

chief imports of Bolivia are cotton and woolen goods, agricultural implements, mining machinery, hardware, cutlery, clocks, watches, can- ned goods, and provisions, a list which could be filled in any commer- cial city of the United States as cheaply as in Europe, and yet the an- nual reports of the Treasury Department of the United States do not· 

show a dollar's worth of commerce between the United States and that 

country. 

The most absurd spectacle in the commercial world is our trade with 

Brazil. We buy nearly all her raw products, while she spends the 

money we pay for tbem in England and France. In 1884, of the ex- ports of Brazil, $50,266,000 went to the United States, $29,000,000 to 

England, and $24,000,000 to France. Of the imports of Brazil in the same year $35,000,000 came from England, $15,000,000 from France, 

and only $8,000,000 from the United States. 

In 1884 the value of manufactured merchandise imported into the 

several countries of Central and South America was as follows: 

Central America: 

Mexico ..................................................................... . Guatemala ................................................................ . Honduras ................................................................. . Salvador .................................................................. .. Nica.ra,<YUa ................................................................ . Costa Rica .............................................................. .. British Honduras ..................................................... . 

South America.: 

French Guiana ...................................................... .. Dutch Guiana .......................................................... . British Guiana ....................................................... .. Venezuela. ............................................................... . Colombia ............................................................... .. Ecuador .................................................................. .. Bolivia. ..................................................................... . Chili ......................................................................... . Peru ......................................................................... . Argentine Republic ............................................... .. Uruguay ................................................................. .. Paraguay ................................................................. . Brazil. ..................................................................... .. 

130,000,000 

3,500,000 

750,000 

2, 750,000 

3,250,000 

2,800,000 

1,250,000 

1,500,000 

1,700,000 

10,800,000 

16,000,000 

13,700,000 

4,375,000 

4,500,.000 

52,600,000 

7,600,000 

84,900,000 

26,000,000 

1,300,000 

101, 000, 000 

$44.,300,000 

325, 975, (l()() 

West Indies ....................................................................................... 117,113,000 

Grand total ................................................................................ 487,388,000 

The exports of the United States, France, and Great Britain to the 

countries named below in 1883 were as follows: . Countries. United States. Great Britain. France. 

Central America. .............................. .. Colombia .......................................... . $2,003,407 $-1,186, 893 S1,392,113 

6,868, 971 6,009,414 5, 984,352 

Venezuela ......................................... . 2,403, 705 3,126,123 1,324,468 

Brazil .............................................. .. Uruguay ......................................... .. Argentine Republic ........................ .. Chili .......... ....................................... .. Peru ................................................. .. 

9,252,094 34,140,119 15,657,473 1,452,812 9,683, 712 5,111,211 3,~.196 30,695,963 24,956,691 

2,860,496 21,318,312 9,655,555 4.93, 894 4,8ll,600 1, 760,670 

Total ........................................ . 28, 878, 625 1 113, 972, 136 1 65,843,533 

The increase of the imports from Great Britain into the Argentine~ 

Republic in 1884 was very large, and reached a total of $38,000,000. 

There was a corresponding increase in most of the other countries. 

The following shows the exports from England, France, and the United 

States to Mexico, Central and Sout~ America, the Spanish West Indies, 

Hayti, and San Domingo of cotton goods, iron and steel, machines and 

implements, and :Zardware and cutlery, the goods in which we excel: 

Articles. England. France. 

Cotton manufactures................................... $45,738 000 $6,215 000 I ron and steel........................................... ... 11,090, 000 3, 339, 000 Machinery, engines, &c. ...... .............. ...... .. . 8, 022, 000 1, 157, 000 Hardware and cut.lery................................. 3,505,000 114,000 

United 

States. 

$4,563 000 2,810, 000 6,820, 000 1,254, 000 1---------1--------1-----·---- Total principal articles..... ........ ...... ... 68,355,000 110,825,000 15,447, 000 

The consumption of cotton goods in Central and South America and 

in Mexico amounts to nearly one hundred millions of dollars annu 

ally, and although they are so near our cotton fields, England fur 

nishes about 90 per cent. of these goods. 

Cotton fabrics constitute the wearing apparel of nearly three-fourths 

of those people, and they have to import all they use. England monopolizes this trade because of her cheap transportation 

facilities, and because her mills furnish goods especially adapted to the 

wants and tastes of the consumers, which our mills have never attempted to produce. 

It is very important that transportation fadlities between the United 

States and her southern neighbors should be improved; for as long as the freight from Liverpool, Hamburg, ru;1d Borcleaux is $15 a ton, they can not be induced to pay $40 a ton to bring merchandise from the 

United States. . There is not a commercial city in these countries where the manu- facturers of the United States can not compete with their European 

rivals in every article we produce for export. 

The testimony of the importing merchants of those countries shows 

that aside from the difference in. cost and convenience in transporting, 

it is to their advantage to buy in the United States, because the quality 

of our products is superior, and our prices. are usually as low as those 

of Europe. In this connection it may be important to consider whether a common standard of gold and silver coins equal in value, weight and 

fineness in all of the countries named, and current in all of them, w'ould 

help to increase commerce and friendly relations among them. Suggestions made by our commissioners for a common currency were favorably received by all the governments visited, including Chili; all of the 

Central and South American countries being under a.system of silver 

monometallism. 

Our neglectofthe republics south of us is only equaled by our ignor- ance of their resources, condition, and progress. Very few of our people are informed as to the intelligence, enterprise, and civilization of 

the people of those countries, and very few appreciate the rapid proa- ress they have made in self-government and political reform. 0 

The report of the commissioners shows that the development of the 

southern half of South America is nearly as rapid as that of the United 

States. Immigration is flooding in, internal improvements are openlng new and fertile fields, and wealth is increasing in a ratio enioyed by no other section of the globe. ~ 

Chili, Uruguay, Paraguay, and the Argentine Republic, almost a tm'f'a incognita to us, are booming like our W es~rn Territories. In 1876 

the imports of the Argentine Republic were valued at $36,000,000; in 

1884 they had reached $80,000,000. In 1876 the merchandise brought 

to that country from England, France, and Germany was valued at only 

$18,000,000, while in 1884 it was more than $53,000,000. The entire 

imports from the United States for twenty years were $6,000,000 less 

than those from the three commercial nations of Europe for the year 1884. 

Within the last year the Government of the Argentine Republic has 

made contracts for $59,000,000 worth of railway improvements, including a line of road northward into Bolivia, and two lines across the con- tinent to Chili, so ~ to bring the commere.e of the Pacific slope into the 

harbor of Buenos Ayres, instead of taking it around the Straits of Magellan. 

In 1874 the foreign commerce of Chili amounted to $42,000,000. In 

1884 it reached $132,000,000. From $50,000,000 to $GO,OOO,OOO in 

merchandise is imported into Chili every year, of which .England furnishesover$20,000,000, France over $12,000,000, Germany over$8, 000,-

000, and the United States $3,000,000. 

Adding the imports of Brazil to those of Uruguay, Chili, and the Argentine Republic it will be found that the aggregate value of manufactured products introduced into those four countries annually reaches 

the enormous sum of$250,000,000, of which England furnishes nearly 

one-half, France about $50,000,000, Germany about $35,000,000, and 

the United States about $17,000,000. ~Ve have no adequate conception of the present magnitude of these 

markets nor of their prospective value. The manufacturers of the 

United States can supply almost every article represented in that 

$250 000 000 with the exception of a few articles of luxury which we 
1887. CONGRESSIONAL RECORD-HOUSE. 1517 

ourselvesimport. The consumption of cotton goods alone amounts an- nually to over$65,000,000, and 95.percent. is supplied bythemills of :Manchester. 

To· properly appreciate how much we need improved commercial 

relations with the republics of Central and South America and the 

Empire of Brazil, I present the following exhibit of the international commerce of the world as taken from Mulhall's Dictionary of Statistics: 

1830. 1840. 1850. 

United Kingdom ......................... £88, 000, 000 £113, 000,000 £169, 000, 000 France ......................................... 37,000,000 66,000,000 75,000,000 

Germany ...................................... 33,000,000 56,000,000 105, 000,000 

Russia .......................................... 20,000,000 25,000,000. 32,000,000 

Austria ......................................... 16,000,000 22,000,000 29,000,000 

Italy ............................................ 11,000,000 17.000,000 26,000,000 

Spain and Portugal. .................... 11,000,000 14,000,000 20,000,000 

Holland ...................................... 16,000,000 27,000,000 44,000,000 

Belgium ...................................... 14,000,000 20,000,000 35,000,000 

Scandin.a via ............................... . 8,000,000 12,000,000 17,000,000 

Europe ............................... 254, ooo, ooo I m. ooo. 000 I 552,000, ()(lO 

United States ............................... 25, ooo. 000 I 43,000,000 64,000,000 

North America ........... .. ................ 14.,000,000 22,000,000 38,000,000 

British colonies ........................... 29,000,000 62,000,000 93,000,000 

The wodd ........................... 322, ooo. ooo 1 499, 000, 000 l 74.7,000,000 

I 1860. 1870. 1880. *Equal toUnited Kingdom. !.318, 000, 000 £459,000,000 £571,000,000 $2, 855, 000, 000 France ................. 167,000,000 2:&7, 000, ()()() 339, 000, 000 1, 695, 000, 000 Germany ............ 160,000,000 212, 000, 000 315,000,000 1, 575,000, 000 

Russia ................. 46,000,000 100, 000, 000 121, 000, 000 605,000,000 

Austria ............... 51,000,000 83,000,000 128,000,000 64.0, 000, 000 

Italy .................... 4.6,000,000 74,000,000 96,000,000 480 l 000, 000 Spain and Port- ugal .................. 30,000,000 41,000,000 54.,000,000 270,000,000 

HolJand .............. 56,000,000 71,000,000 121,000,000 605, 000, 000 

Belgium .............. 48,000,000 64,000,000 116, 000, 000 580,000,000 

Scandinavia ......... 30,000,000 42,~,000 55,000,000 275, 000, 000 

Europe .......... 952,000,000 1, 373, 000, 000 1, 916, 000, 000 . 9, 580, 000, 000 

United States ...... 137,000,000 172, 000, 000 309, 000, 000 1, 54.5, 000, 000 

North America .... 62,000,000 85,000,000 101, 000, 000 505, 000, 000 

British colonies ... 190,000,000 241, 000, 000 362, 000, 000 1, 810, 000, 000 

The world ..... 1, 341, 000,000 1, 871,000,000 2, 688, 000, 000 13, 44.0, 000, 000 

From the same author I preSent a table showing a comparison of 

agriculture, manufactures, commerce, and transportation among the 

leading nations of the world. 

·Agriculture. Manufactures. Commerce. 

United Kingdom........................ £266, 000, 000 £818, 000, 000 £570, 000, 000 France ....................................... M 4.44, 000, 000 494,000,000 34.0, 000,000 

Germany. .................................... 456, 000,000 4.49, 000,000 315,000,000 

Russia.............................. ... .. .... .. . 509, 000, 000- 238, 000, 000 120, 000, 000 Austria ............. ,.,........................ 322,000,000 210,000,000 128,000,000 Italy............................................. 178,000,000 117,000,000 96,000,000 

Spain............................................ 136,000,000 96,000,000 41,000,000 

Portugal....................................... 31,000,000 20. 000,000 13,000,000 

Belgium.................... ...... ...... ...... 45,000,000 92, 000,000 116,000,000 

HolJand .................. ......... ... ...... ... 45,000,000 40, 000,000 121, 000, 000 Denmark..................................... 37,000,000 16,000,000 19,000,000 

Sweden and Norway .................... 1 __ 71_, ooo __ , ooo __ 1 ___ 37_, ooo __ , ooo_l:---36_,_ooo_,_ooo_ 

Europe........ ........................ 2, 540, 000, 000 2, 627, 000, 000 I 1, 915,000,000 

United States ... ;........................... 604, 000, 000 I, 112,000,000 313,000, O<X1 

Canada.......................................... 58, 000, 000 52, 000, 000 46, 000, 000 Argentine Republic............... ...... 42, 000, 000 11, 000, 000 21, 000, 000 Australi.a... ...... .. ...... ... ........ .... .. .. .. 76,000, 000 26, 000, 000 101, 000,000 

Total. ................................ .. 3, 320, 000, 000 l 3, 828, 000, coo 2, 396, 000, 000 

Transportation. Total. 

United Kingdom.................................................. £186,000,000 £1, 84.0, 000,000 France.............................. .................................... 90,000, 000 1, 368,000, 000 Germany.............................................................. 110, 000, 000 1, 330,000, 000 Russia............................. ..... .... .. ...... .............. ....... 63, 000, 000 930, 000, 000 A us tria............................... ...... ...... . .. . .. .. .... .. ...... .. . 44, 000, 000 704, 000, 000 Italy.................................................... ................ 18,000,000 409,000,000 

Spain.................................................................... 14,000,000 2f57,000,000 

Portugal............................................................... 3, 000,000 67,000,000 

Belgium................................................................ 11, 000, 000 264, 000, 000 Holland .. ......... ............ ...... ... ... .. ....... ... ...... . ........ 6, 000, 000 212, 000, 000 Denmark.............................................................. 3, 000,000 75,000,000 

Sweden and Norway........................................... 14.,000,000 158,000,000 

---·----:---------- Europe........................................................ 562,000,000 7,644,000,000 

Unit-ed States........................................................ 252, 000, 000 2, 281,000,000 

Canada. ...... ..................... ,..................................... 11,000, 000 167,000,000 

. fu~~:;=::~~,.~~::::::~:::::::::::::::~::::::::::::·.·:~:::::::l--838-~-:-:-:-:- l·. -10-,-~-11-~--=-:-:-,) 

This exhibit furnishes the amazing and m.a.a.-velous information that 

the valueofthesea-going commerce of the world was in 1830, $1,6101 

000,000; in 1840 it was $2,495,000,000; in 1850, $3,735,000,000; in 

1860, $6, 705,000,000; in 1870, $9,354,000:000; and in 1880, $13,440, 

000,000, and that the foreign commerce of the greatest commercial 

powers of the world is as follows: 

Great Britain ......................................................................................... $2, 875, 000 British colonies....................................... .............................................. 1, 810,000 France............... ...................................... ... .. . .. .... ......... ......... ... .. . ......... 1, 695,000 

Germany ............................................................................................... 1,575,000 

Unit-ed States .............. :: ......................................................................... 1,54.5,000 

It appears that our Republic, which is but little over a century old, 

is first in agriculture, first in manufactures, first in transportation, and 

fourth in commerce. These exhibits point to the grand possibilities of our Republic and demand that our legislation should be responsive to 

the necessities of the times and keep pace with the grand march of 

.American civilization and American progress. 

If we desire to be first in commerce also among the nations of the 

world, we should make the proper effort. The first goal to be reached 

lies south of us, and i,s comprised in the present and future wealth of 

the republics of Central America and South Americ.1. and the Empire 

of Brazil. 

The conference is not only for the encouragement of reciprocal com mercia! relations between our country and the Central and South 

American countries, but it is also for the purpose of discussing and 

recommending for adoption to the respective governments some plan of 

arbitration for the settlement of international disagreements and dis 

putes. One of the most popular and powerful words of modern times is 

''arbitration." It is beginning to ring throughout the civilized world as the harbinger of better days, when war shall be no more, and when 

"Peace on earth, good will toward men " shall be the grand benediction of the age. 

Our loved and respected late Vice-President, Thomas. A. Hendricks, 

said at the Democratic convention of 1884, in Chicago, a~ almost a parting valedictory: 

Will nations never desire a more rational umpire of differences than force? * * * Must blood and treasure always flow before internatione.l controversies can be settled? * * * The civilization of this age demands that they be re ferred to the disinterested States for settlement byfriendly arbitration. * * • 

It will be a beautiful spectacle if this Republic, so strong and so secure, shall 

lead the nations in a movement for permanent peace, and for the relief of the 

people everywhere, from the maintenance of standing armies and ships of war 

:M:r. COX, of North Carolina. May J ask the gentleman a question? 

Mr. McCREARY. Yes, sir. 

Mr. COX, of North Carolina. Suppose they agree on a plan of arbi 

tration, how is itt{) be enforced-by force or by what method? 

Mr. McCREARY. There is no desire when we seek to cultivate 

friendly relations with republics to use force. · The object of this con vention is to bring together delegates from all the republics of Central 

and South America and the Empire of Brazil, for the purpose of con snlting how best to promote commercial relations bet~een this country 

and those, and how best to agree on such rules of arbitration as will 

hereafter settle international differences without war. Hon. John J. Crittenden, of Kentucky, said in the Senate of the 

United States: 

What a glorious homage would this Republic render to its best principles 

by accepting the arbitration of a. tribunal composed of men distinguished for 

their talents, knowledge, science, and moral worth. This would tend greatly to the elevation of the age. 

Ex-President Grant wrote, November 27, 1884: 

My views on peaceful arbitration in the settlement of international differ ences instead of the sword have not changed. I look with confidence for an established court, recognized by all nations, having authority to settle differ ences without resort to arms, thus rendering unnecessarv the maintenance of 

standing armies. • 

Victor Hugo uttered his grandest peace classic in 1849, when he said 

A day will come when the only battlefield will be the market open to commerce and the mind opening to new ideas. A day will come when bullets and bombshells will be replaced by votes, by the universal sufl'rage of nations, by the ven era.ble arbitration of a great sovereign senate, which will be to Europe what the 

Parliament is to England, what the Diet is to Germany, what the Legislative As- sembly is to France. A day will come when a cannon will be. exhibited in pub- He museums, just as an instrument of torture is now, and the people will be as tonished how such a thing could have been. A day will come when those two immense groups, the United States of America and the united states of Europe shall be seen placed in presence of each other, extending lhe ha.nd of fellowship across the ocean, exchanging their produce, their industry, their arts, thetr 

genius, clearing.tbe earth, peopling the deserts, improving creation under tne eye of the Creator, and uniting, for the good of all, these two irresistible and in 

finite powers-the fraternity of men and the power of God. 

These great me~ are all dead, but it may be truly said "God buries 

the workman, but carries on his work.'' Hundreds of utterances could 

be quoted in favor of arbitration from men who have become distin 

guished on the bench, at the bar, in the pulpit, and in the army, but 

I shall give but one more. At the late world's congress for the reform and codification of the 

law of nations, at Cologne, David Dudley Field offered the following 

resolution; which was unanimously adopted: 

Resolved, That this conference observes with great satisfaction the increasing 

frequency wit-h which the nations of the world have recourse t-o arbitration for 
1518 CONGRESSIONAL RECORD-HOUSE. - FEBRUARY 8, 

the settlement of their disput~s. But while rejoicing over ooch separate instnuce of the successful application of this principle, it earnestly hopes that the 

time is not far distant when all civilized governments will unite to make arbitration a permanent and authoritative part of the la.w of nations. 

To the people of Cr,ntral and South America, who have so often felt 

the blighting scourge of war, and whose business has been depressed, 

enterprise stagnated, and treasuries bankrupted by internal feuds, the 

subject of settling internationuJ. disputes by arbitration will be received 

with great favor. 

The bill does not seek to control the conference or determine what 

it shall do, but simply to bring representative men of each government 

together, to discuss and recommend for adoption to their respective ~overnments some plan of arbitration for the settlement of disagree· 

ments and disputes that may hereafter arise between them, and to con- sider questions relating to the improvement of business intercourse between said countries, and to encourage such reciprocal commercial re- lations as will be beneficial to all, and secure more extensive markets 

for the products of each. 

While no scheme may be devised by which all and every disagreement and dispute may be submitted to arbitration in such manner as to always avoid international war, it certainly will be in accordance 

with the civilization and Christianity of this age to seek to establish a plan of arbitration by which questions of difference may be arranged 

and settled peaceably. 

The Amphictyonic council of Greece, composed of delegates from 

each of its states, and empowered to examine and decide all their disputes, did much to pre.:;erve peace between them for many years, and 

the Achrean league did the same, and was often solicited even by foreign nations to act as arbiter of their disputes. 

International congresses are no novelty. The Vienna congress met 

in 1814. It was an international congress, embracing Great Britain, 

Austria, France, Portugal, Russia, Spain, Sweden, and Prussia. U.s 

object was a general settlement of international relations between the 

leading powers of Europe. 

The history of the Panama congress commenced in 1821, and was originated by the illustrious Bolivar,. President of Colombia, who 

pressed it on the powers of South America. Peace was the primary 

idea, and this congress was intended to be ''an umpire and conciliator in disputes and differences." Then there was the diplomatic meetings or congresses of Westphalia, of Ryswick, and of Ghent. 

In latter years arb.itration among nations has become more frequent. We all remember how that group of questions growing out 

of the Alabama claims was happily disposed of by the tribunal of 

Geneva. 

In 1874 the President of the French Republic as arbitrator settled: 

theDelagoa Bay difficulty between England and Portugal. The dispute 

between Switzerland and Italy as to the Peschiaso boundary, which 

caused a war, was settled by the United States minister as arbitrator. 

The dangerous dispute between China and Japan as to the murder of a Japanese captain by the Chinese on the Island of Formosa was settled 

in 1875 by arbitration. The Emperor of Russia settled as arbitrator 

the dispute between Japan and Peru, caused by the seizure in 1872 of a Peruvian bark engaged in the coolie trade. 

In 1879 the Italian ambassador at Washington arbitrated success- fully between the United States and Spain as to indemnity for damage 

done to Americans in the civil war in Cuba. I could cite many other cases of successful and beneficial arbitration between nations, but I 

have said enough on this subject to prove the importance of arbitration 

to all nations, and particularly to the nations of North, Central, and 

South America. 

While !have great respect for those who advocate a reform of our laws on currency and taxation, I believe that the great questions presented in the bill under consideration should not be delayed, but 

should receive prompt action, so as to keep pace with the other important subjects referred to. 

It is not proposed to intrust to the conference the power to make final 

and definite treaty arrangements-that would be in opposition to our Constitution; but it is believed that all will be benefited by a con- ference held under the invitation and auspices of the most prosper- ous and powerful nation of the American continent, from which as- semblage reports of the proceedings shall be made to the respective 

governments for proper action. 

The bill provides that the commissioners shall report the proceedings 

thereof to the President, who shall transmit the same to Congre...c:s, and 

it is believed that nothing but common good can grow out of such a con- ference. 

At no time since the organization of our Government has there been 

a deeper conviction of the propriety of connecting in closer relations om 

Republic and the Republics of Mexico, Central and South America, and 

the Empire of Brazil. 

Whatever tends to bring into kindly accord the interests and aims of our country and those of our neighbors will be beneficial. 

The report of the commissioners appointed under the act of 1884 

shows that the people of these countries are anxious to encourage more intimate commercial relations with the people of the United 

States. 

They say in their report: 

Unless we have been completely misled by the expressions and protesln· tions of the ruling powers of each and every one of the governments we have 

visited, the only estrangement possible between them and us will flow from our own indifference and neglect. Indeed, we have already lost much that natu~ 

rally belongs to us from this cause. Every president and cabinet officer, every leading and thoughtful citizen we met, joined in the sentiment of gratified sur- prise that our country had taken the initiative by this embassy in bringing about more cordial and hearty communication between the various republics and our own. In our effort to reach more int.imat~ relations we have, then, this basis of 

kindness and desire upon the part of those we seek to reach as a foundation for our action. We shall plant seed ina genial soil beneath a propitious sky. 

No time is fixed in the bill for the conference. The President is fully 

authorized to arrange the conference as his judgment may dictate. 

On the 4th of March, 1889, the Constitution of the United States 

will have completed the first cenbury of its existence. The 12th of 

October, 1892, will be the four hundredth anniversary of the discovery 

of America by Columbus. These are great historic anniversaries, of 

world-wide importance, which will probably be celebrated in a becoming manner. Either of these anniversaries, or any other time 

selected by the President, will no doubt be agreeable to all concerned. 

I then confidently ask the passage of this bill. The cost is small indeed compared with the great results that are to flow from the confer- ence. I believe if properly held it will be one of the-most important 

assemblages the world has ever seen; and that its work will live in 

history and be crowned with the wreath woven for all that promotes 

liberty, improves republics, and ennobles humanity. [Applause.] 

Mr. BELl\iONT. I regret extremely that I am unable to concur with my associates on the Foreign Affairs Committee who advise 

the House to accept and pass the bill which requests the President to invite the several governments on this continent therein 

named to join this Government in a conference, and authorizes the 

President to appoint three commissioners who shall attend the confer- ence on behalf of this Government, and appropriates $20,000 therefor. 

The objects and aims of the conference, as vaguely mentioned in the 

bill, are threefold. One is to discuss and recommend for adoption by 

this Government, and each of the other governments, some plan of 

arbitration for the settlement of disagreements and disputes hereafter 

arising between them. Another is to consider questions relating to 

the improvements of business intercourse between "said countries." 

A third is to encourage such peaceful and reciprocal commercial relations as will be beneficial to all, and secure more extensive markets for 

the surplus products of each of said countries. 

If the bill shall become a law this Government will, as befits its 

dignity and power on this continent, be the initiator of the conference, 

and will naturally be considered by the participating nations as the one to take the lead in formulatillg the propositions to be considered 

by the conference. I have seen no indication tbat the President has 

suggested or ad vised the proposed conference, and if such a conference 

is to be convened by hiB invitation, on the request of Congress, then 

the promoters in Congress should, as it seems to me, define, with reason- able precision, not only the objects to be sought by those representing 

this Government in the conference but tbe ways and means by which 

those objects are to be obtained, including, in the outline, the concessions which our law-making power, as distinct from our treaty-Inc'lking 

power, might be willing to make. 

If the conference were proposed by other governments, as was the 

congress in Panama in 1826, or if the President had initiated the cou- ference now proposed, and had asked the sanction of the Senate by the 

confirmation of commissionem, and of the two Houses by an appropriation of money therefor, then the President could be assumed to be in 

possession of, or to have formulated, the measures to be proposed at the 

conference, and the stipulations which, if inserted in a treaty, he would 

be willing to sign and transmit to the Senate for its action. But, in 

the present case, the initiation of negotiations to be carried on by the 

President comes, so far as I am informed, entirely from the House. If 

the conference should convene under the proposed bill, and the assem- bled powers were to ask our commissioners for an outline of their plan as regards the three topics, what reply should the President instruct 

them to make? ARBITRATION. 

The first topic in the bill is arbitration. It proposes that the confer- ence shall discuss, and recommend, " some plan." What plan? 

Which "disagreements and disputes " are to be submitted to arbitrn.-

tion? Whatsortofa~bitration? Those are problemsconcerningwhich 

the President should, by the bill, be advised, or else most inconvenient 

consequences might flow from a rejection by the Senate, or Congress, 

of a plan or system of arbitration which had been adopted by the con- ference on the initiation and advocu.cy of our own commissioners. 

What is arbitration, as understood in international intercourse? Vattel defines it to be "a reasonable and natural mode of deciding such 

disputes us do not directly affect the safety of the nation.'' The exclusion contained in this definition is most important. It is believed that 

during the century and a quarter which has intervened since this definition waa written, no powerful government has consented, or indicated its willingness to consent generally to the reference to an arbitration, either by neutral governments or by commissioners, of any but 

secondary questions, such as claims for pecuniary compensation for in-
1887. CONGRESSIONAL RECORD-HOUSE. 1519 

juries, questions of boundary lines, disputes over the interpretation of 

treaties, and other similar questions. Wars have been prevented by 

the mediation, or good offices, of some friendly government or governments, but the exercise of mediation, or of good offices, is rather a method of conciliation than of arbitration, which last implies the power 

of definite and final decision. 

The United States, ever since the organization of their National Government, and notably in the treaty of peace of 1783, have frequently 

used with great success arbitration as a method for the settlement of 

secondary questions. The plenipotentiaries to the Congress of Paris of 

1856, in their twenty-second protocol, express in the names of their 

Governments the wish that the States, between whom serious difficulties may arise, would, before appealing to arms, have recourse, as far as circumstances will admit, to the good offices of a friendly power. 

But there again the exceptions "as far as circumstances will admit," 

and the employment only of good offices (which last is often a simple 

formality to bring the contending parties together) as distinct from 

arbitration, which pronounces a real obligatory judgment, are significant. 

It may be said that the international tribunal at Geneva was the submission by this Government of a question too important to be called a 

secondary question, but it is to be remembered that it was by the re- sult of negotia,tions by the Joint High Commission at Washington that 

the" three rules" were formulated., which left little to be done at 

Geneva, excepting to ascertain the facts, apply the rules, and a..<!Sess 

the damages. It was the decision of the British Government that war 

ought not to come out of the "Alabama claims" which led up to the 

Joint High Commission, which in turn created the tribunal at Geneva. 

The bill reported to the House gives no indication of the class of" disagreements and disputes'' which this Government will consent to refer 

to arbitration. Will the United States consent to confer on any tribunal 

the power to adjudge the cessions of territory by us, or the demolition 

of our fortifications, and to decree anything and everything to be done 

by us which, accordingto the present usages of international law, may 

be imposed upon a defeated nation by its vict{)rs in war? Probably not, 

and, if not, then precisely what class of questions will the United 

States say may be referred to arbitration? If arbitration is to be a com- plete substitute for war, then it woli!d seem essential that the jurisdiction of the arbitrators shall cvver all "disagreements and disputes" 

which may possibly lead to war. When a commotion or insurrection or civil war is, to the great possible injury of a neighboring nation, on the point of breaking out within any one of the nations to participate 

in the conference, shall the origin of the outbreak, and the claims of 

the contending parties, be submitted to arbitration, or shall the sphere 

of arbitration be limited to questions which, according to existing international usage, are capable of constituting legitimatecausesofwar? 

Will the United Stc.1.tes consent to submit to arbitration a decision of 

the question whether or not this Government shall make an apology to some other nation? 

Assuming the proposed bill to be so enlarged and amended as to declare definitely the class of questions which this Government may declare to the conference that it is willing, in behalf of itself, to submit 

to arbitration, then what international machinery shall be provided on this continent to ascertain the factswhich underlie the dispute, and give 

judgment? Shall this international organization, for the settlement of 

''disagreements and disputes," be of a permanent character, with au- thority to take immediate jurisdiction without waiting until the parties 

concerned mutually agree to submit to arbitration? Is there to be on this continent a permanent congress of nations, or a new international 

nation? Are the several independent nations on this continent to form 

themselves into a federation for the purpose of arbitrating disputes between themselves? If this congress of nations is not to be in perpetual session, then by whom is it to be convened in order to deliver its 

judgment upon "disagreements and disputes" tending to disturb the 

peace of the continent? As our own thirty-ninth Government, which 

is the Federal Government at Washington, clru:;ps and unfolds the thirtyeight State governments in the union of States, and as is intended to 

settle disputes and prevent war between them, shall there be a newinternational n.:'l.tion on this continent, with a congress, a court, and an executive, to settle disputes and prevent war between the several na- tions? 

What limitation shall be placed upon the nature of the award and 

judgment which this international tribunal may make? 

And .when the proposed bill bas been amended so as satisfactorily to answer these questions, then will come the other question, whether the 

decisions of this new international tribunal on this continent shall have 

only a moral authority, or provision shall be made for the physical 

enforcement of the verdict. Is the new contrivance to be, in the first 

place, an appeal from force to reason, and then, if :reason does not prevail, an appeal back a.gain from reason to force? If there is to be 

armed force behind the decision of this new board of arbitration, how 

shall this force be maintained, who shall command it, and what shall 

be the limit of international expenditure therefor? 

If it be said that the proposed bill only contemplates an effort to cont 

cert measures between the independent governments on this continento ~xercise a moral authority between nations where "disagreements 

and disputes" unfortunately arise, and thus settle them in an amicable 

and satisfactory manner, it may be said that this Government has already given ample indication that such is its wish. But if, on the other 

hand, a chief object of the proposed bill is to urge the several govern· 

ments of the Republics of Mexico, Central and South America to agree on "some plan of arbitration for the settlement of disagreements and 

disputes that may hereafter arise between them," but which do not 

directly concern this Government, then it will deserve consideration 

whether uninvited by those governments or either of them, it will be 

prudent for this Government to thus attempt to participate in the mu- tual relations of other independent governments on this continent, and 

whether, if we do thus endeavor, we shall not thereby enter upon ·a 

field of effort from which hitherto our well-established policy and the 

warning voice of Washington have excluded us. Arbitration as a means in the affairs of individuals of obviating the 

necessity of recourse to courts of law, or in the affairs of nations of preventing the arbitrament of the sword, has much to commend it. Courts 

of conciliaton are scarcely less effective and benevolent than courts of 

arbitration, whether in individual or international affairs. But before 

the proposed bill shall become a law ought not Congress to define the 

circumstances and conditions under which the decision of the arbi· 

trators shall not be binding? Surely an independent government can 

not be expected to be bound if the arbitrators are incapable (as perhaps this Government had reason to suspect in its latest arbitration of 

the fishery question); or if the arbitrators acted in bad faith; or if the 

contending parties have not been misunderstood; or if the award shall 

have been in excess of the terms of the reference; or if the decision 

shall have been contrary to natural justice. These questions and 

others like them will naturally come to the front on the assembling of 

the proposed conference, and our commissioners will naturally ask 

for instructions from the President. The law which initiates the Congress should, as it seems to me, clearly intimate to the President its 

opinion. 

In July, 1873, Mr. Gladstone said in the House of Commons that a general and permanent system of arbitration would make 'practical 

progress, not by attempting permanent international concert, which 

would then be premature, but by "a steady adherence on the part of 

those powers who are readily inclined and convinced and persuaded, on the subject to principle, first governing themselves by justice and moderation, and next losing no opportunity of recommending a peaceful 

settlement of disputes between nations.'' 

BIPROVEMENT OF "BUSINESS INTERCOURSE." 

The. second topic to be discussed by the conference concerns '' the improvement of business intercourse between said countries.'' And here, 

again, what is to be a~complished by the President in that direction 

seems rather vague and difficult to practically deal with. Does the 

"improvement of business intercourse between said countries" imply 

and include the improvement of the means of transportation by land 

and by sea? Does this Government intend to commit that large problem to an international conference, and to hold out the expectation to 

the governments participating in such conference that this Government will be bound by the result of the deliberations? Or, if not, 

then should there not be in the bill a limitation and definition of the 

subjects relating "to the improvement of business intercourse between 

said countries," concerning which a conference is invited? 

MARKETS FOR SURPLUS PRODUCTS. 

The third object of the proposed conference is declared in the bill to 

be the encouragement of '' such peaceful and reciprocal commercial re- lations as will be beneficial to all and secure more extensive markets 

for the surplus products of each of said countries." It is to be inferred 

from this language that one of the objects which this Government seeks 

to promote is the obtaining of "more extensive markets for the surplus products of Mexico, Brazil, and the States of Central and South 

America.'' It is not to be assumed that this Government will initiate a conference between themselves and the other Governments on this 

continent in order to monopolize for ourselves the purchase of ''the sur- plus products of each of said countries." It is not to be assumed that 

either of those countries will undertake to sell its surplus products to none else but ourselves. The purpose is, on the contrary, declared to 

be such "reciprocal commercial relations" as will secure more extensive markets for the surplus products of each. Whether or not all who 

dwell on this western hemisphere, or even we of the United States of 

America, would be more prosperous and better off if all commercial re- lations with the eastern hemisphere were prohibited or prevented is of 

course a very large question. 

But so long as the people and the governments on this continent which are at the south of us shall :find on the other continent, and not :find on this continent, the surplus capital and money which they need, it will 

not be reasonable for us to hope that Mexico, Brazil, and the Republics of Central and South America will cease to hold commercial inter- course with Europe, or that European holders of the indebtedness of 

those States will cease to exercise very potential influence in their affairs, and in the end control, it is feared, any conference to be assem- bled under the proposed bill. There is no danger that_ the primacy of 
1520 CONGRESSIONAL RECORD-HOUSE. FEBR.U.A.RY 8, 

I 

the United States of America upon this continent, which comes of their not first of all begin to govern ourselves in tariff matters with "justice 

situation, population, wealth, enterprise, energy, and determination to and moderation?" And then, too, does opinion in this House tend to 

assert their rights, will be questioned or denied. tolemte a reform or protective system by treaties? What is to be the 

But it is true, nevertheless, that we seek an outlet for the surplus fate of the Sandwich IsJands treaty and Mexican treaty ? Is there not 

product of our skill and our prosperous labor, and for that reason we a disposition against the sugar arrangements of the Hawaiian Islands 

should welcome the enlargement of "such peaceful and reciprocal com- treaty to even sacrifice the great political and naval advantages which 

mercial relations" between us and the Spanish races to the south ofns. that treaty gives to us, situated as these islands are in the track of 

For the same reason we should encourage similar ''peaceful andre- traffic between California and China, Japan and Australia? 

ciprocal commercial relations'' with the five millions and more of peo- And if we can not successfully compete in our own jurisdiction with 

ple of our own race, speaking our own language, reading our newspapers, foreign manufacturers, excepting by the aid of prohibitory or impending 

and living under laws and political institutions similar to our own. tariff rates, I am at a loss to understand how our commissioners to the 

.And for the same reason we should encourage "peaceful and reciprocal proposed conference can convince Mexico or Brazil or the republics of 

commercial relations" with the peoples who inhabit the islands of the Central and South America that we can, in their jurisdiction, compete 

Gulf of Mexico and the surrounding seas, which islands-are now the successfully against those same manufacturers and offer our products 

colonial dependencies of European governments. But the Dominion of at cheaper prices than European manufacturers can offer similar artiCanado. to the north of us and the islands of the Gulf to the south of us cles. are excluded from the arrangements contemplated in the proposed bill. So far as this bill endeavors to accomplish an increase of trade by 

Nothing is now so desirable for our own people as a free and recipro- the exchange of products between the people of our own United States 

cal interchange of products between ourselves and the people of other and the people living under other governments on this continent (innations on this continent. But what now binders such free interchange eluding the colonies hereon possessed by European governments) the so much as our tariff laws? If this Government shall invite Brazil, object is one which deserves encouragement and success, but it may 

Mexico, and the republics of Central America and South America to well be doubted whether such an object can be best promoted by interjoin us in a conference to promote such free and reciprocal interchange national conferences and treaty stipulations. So far as the welfare of 

of products, what concessions in our tariff schedules is the President to our own Government is concerned, it is to be feared, as I have already 

be authorized to instruct our commissioners to propose on our part? said, that the deliberations of an international conference between the 

The question of our own tariff will naturally and immediately come up representatives of this Government and of other independent govern1or discussion and consideration. Sha.ll, for example, our commission- ments established and having the seat of authority on this continent, ers be authorized to offer to the Argentine Republic to admit ita wool would be in danger of injurious interference, so far as this Government 

into our ports free of duty? is concerned, by the intrigues of those in Europe who are the holders 

No one can be more sensible than I am of the great advantages which of so large a part of the indebtedness of central American or South 

in our country flow from that free commercial intercourse, unvexed by American States. 

tariffs or custom-houses, which the Federal Constitution secures. I wish It is true that the trade and commercial intercourse now existing 

by some possible and wise contrivance, those advantages now enjoyed between foreign peoples on this continent and other peoples are not altoby and between Maine and California, Flori_da and Alaska, could be real- gether carried on with ourselves. The following statements will ex- ized by and between every nation and every producer on this hemi- hibit the population of the independent states on this continent, insphere from Baffin's Bay to Cape Horn. But is this Government now eluding the colonial Dominion of Canada, and the relation of trade 

in a condition to successfully ask in a diplomatic way the acComplish- carried on by them with the United States to the trade carried on by 

ment of such a result? To use Mr. Gladstone's la.nguage, should we them with Great Britain, and the vessels in which it is carried on. 

Statement exhibiting the popltlation of the independent states on this continent, including the colonial Dominion of Canada, &c. 

Argentine Brazil. Central Chili. Colombia. Republic. America. 

----- 2,4C6,000 10,108,291 2, 900,000 2,400,396 2, 951,323 

~.793,965 1 $13,507,1., I 812, 9'17' 4651 $2,166,380 

Population .................................................................................................................... !====== ====== =======:====== ====== 

$6,526,950 

29,692,295 33,946,215 4,624,560 11,060,880 6,1<Y7,645 

4,328,510 I 45, 263,6€0 6,409,001 604,525 2, 342, O(J] 

4,317,293 7, 317,293 2, 762,531 2, 211,007 5,583,368 

Exports to Great Britain .............................................................................................. . Imports from Great Britain ............................................. ............................................ . Exports to United States .............................................................................................. . Imports from United States ......................................................................................... . 

Mexico. Peru. Venezuela. Uruguay. Dominion of 

Cn.natla.. 

9,389,461 3,050,000 2,<Y75,245 447,000 4, 750,000 

$3,502,500 $10,414,170 

$1. aoo. '""I $3,283,625 ~.5-58,555 

5,415,765 6,235,685 3, 0?-8, 6EO 8,131, 640 44,727,095 

9,267,021 I, 764,890 6,309,530 2, 734,617 39,000,0CO 

8,340, 784 742,105 3,043,609 1,682,443 ::0, 000, 000 

Population ..................................................................................................................... !======!=======1=======1====== 

5§ ~:!:~if.~~:;;;;;;j,.~;:;;;;;;.:;.:;.:;.:;;_:~::::;;;.:;.~~::~:~:;~~::::::::::::::::::::::::::::::::::::::l 

Total values of free and dutiable merchandise imported into tiLe United States from Mexico and Central and South America dm'ing tile yem· ending June 

30, 1885, with the estimated amounts of duty collected on such imports. · 

Value of merchandise. 

Countries from which imported. 

Total. 

Estimated 

amounts 

of duty colFreeofduty., Dutiable. lected. 

----------1'----------11----------

.Argentine Republic...................................................... ............................................................................ ........ $3,154,337 ) 

Chili ............................................................................................ ····································································· 399,464 .Mexico.............................................................................................................................................................. 5, 173,441 

Centra] American States................................................................................................................................... 6,149, 873 

United States of Colombia................................................................................................................................ 2, 335,083 

Venezuela................................................................. ........................................................................ ..... ...... .... .. 6, 267, 8i!7 

Peru........................ .......................................................................................................................................... 1, 749,632 

Brazil ................................................................................................................................................ ~............... 38,136,191 

Uruguay.......................................... ......................................................................................... ....................... 2,317,139 

Eolivia, Ecuador, Paraguay, and Patagonia ................................................................................................... 1 ___ 7_53_,_3_21_1·-----l·-----

$1,174,173 $4,328,510 $364,933 28 

205,061 604,525 68,386 89 4,093,580 9,267,021 635,960 72 

259,142 6,409,015 140,759 88 

6,994 2,342,<Y77 I, 714 68 41,693 6,309,580 20,'.lf.11 40 

15,258 I, 764,890 5,148 06 

7,127,469 45,263,660 6, 6CY7, 877 15 

417,478 2, 734,617 255,480 80 

280 753,601 14000 

Total................................................................................................... ............................................. ........ 66,436,368 13,341,128 79,777,496 8, 100, 198 86 

Per cent. 

a:~!!}!!~~! ~i ::;~~:~= ~~t?cft ~~t.f~"tY . .".".".".".".".".".".".":::::::::::::::::::::::.".".".'."."."::::::::::::::::::::::::::::::::·.::::::·.::·::.·::.".".".".".".".:'.".".".':.:·.:·::.".".".".'.'::.".".".".".'."::.::·::::::::::.:·:.::·:.·::.".".".".".'.'."."."."."::::::::.:·::.".".'.'.". ~.~~ 

Eq'iv:J~~:~::~~ilisr:~.~~ .. ~~~~.~~: ........................................................................................................................................... ,.............. .......................... 10.15 

Free and dutiable merchandise .......••........•...... ; ....................................................................................................................................................................... 60.72 
1887. CONGRESSIONAL RECORD-HOUSE. 1521 

Statement showing the tYrlue of impm-ts and exports of merchandise ca·rried in American and foreign vessels, respectively, in tlte foreign trade of tlte 

United States with Mexico, Central America, the West Indies, and South America during the year ending June 30, 1~5. 

Imports. Total. 

Countries. Exports in Exports in 

.American Foreign In American In Foreign vesseLo;. vessels. In American In Foreign 

vessels. vessels. vessels. vessels. 

lllexico* .............................................................................................. .. $3,748,890 $2,841(767 4, 799,254 1,560, 359 $8,548,144 $4,402,126 

Ceut.ral American States and British Honduras ................................ . 4, 915,347 1, 712,028 2,377, 733 754,551 7, 293,080 2, 466,579 

TllE WEST INDIES. 

Cuba ................................................................................................... . 28,975,822 13,330,271 8,074, 752 931,408 37,050,574 14,261,679 

British \Vest Indies ............................................................................. . 2,560,874 7,802,507 2,589,694 4,621,185 5,150,5G8 12,423,692 Porto Rico .......................................................................................... .. 2,590,135 3,514,128 691,113 878,092 3,281,248 4,392,220 

Hayti ................................................................................................. .. 626,464 1,844,972 1,080,286 2,227,021 1,706,750 4,071,993 

San Domingo ............................................................... ~ ................... .. French \Vest. Indies ......................................................... ................... .. 1,311, 746 149,673 937,566 49,135 2,249,312 198,808 

419,654 727,861 i52,205 666,768 1,171,859 1,394,6:!9 

Dutch \Vest Indies ...... .... .. ............... .................................................... . 233,479 153,189 440,463 226,379 673,942 379,568 

Danish \Vest Indies ............................................................................ . 169,275 167, ()?..S 435,836 150,323 605,lll 317,351 

Totnl .................. ........................................................................ .. 36,887,449 27,689,629 15,001,915 9, 750,311 51, 889, 364 l 37,439,940 

SO'CTH AMERICA. 

Brazil ................................................................ ; ............................... .. 10,108,298 35,155,362 

United States of Co!ombia ............................................................... .. 3,681,883 3,635, 410 13,i90,181 38,i90, 772 774,597 ·1,567,480 4, 917,069 666,300 5,691,666 2,233, 780 Venezuela. .................. ........................................................................ . 4,357,892 1, 951,688 2,128,394 915,215 6,486,268 2,H66, 903 Argentine Republic .......................................................................... . 3,338,446 990,064 2,543,715 2,132,786 5,882,161 3,122,850 

Uroguay ............................................................................................. . 496,594 2, 238,023 382,402 1,300,041 878,996 3,538,064 

Chili ................................................................................................... .. 290,342 314,183 1,581,687 629,320 1,872,029 9t3,503 

British Guiana ................................................................... ................ .. 390,309 531,045 875,886 764,7TI 1, 266, 195 1' 295, 816 Peru 1 •• 22."" I 1. 184. 165 ................................................................................................... .. 811,245 953,645 511,585 230,520 

Dutch Guiana. ..................................................................................... . 258,212 7,127 277,364 21,654 535, o76 28, 781 French Guiana. ................................... ............................................... .. 1,803 . ........... i%','377' 81,184 29,660 82, 987 29, 660 All other South America ..................................................................... . 558,224 383,740 44,271 9-11, 964 239,648 

------------- Total ................................................................................... ....... .. . 21, 385, 962 "'·""·"" i 17,364,909 1 10,369,948 ... 750, 871 I 54,273,942 

Grand total .............................................................................. .. 66,537,648 76,147,418 36, 725. 728 1 22,435,169 102, 590, 850 98,582,587 

*In addition to the merchandise stated as imported and exported in ves'3els, merch:1ndis~ to tho value of $2,676, 33l wa'3 imported, a.nd merchandise to the value 

of $1,981, 171 was exported "in car3 and other land vehicles." 

Until there shall be a reform of our own laws of currency and taxation, and a plan adopted that promises permanency, there will be, it is 

feared, little hope of a successful result of diplomatic negotiations with 

the neighboring governments on this continent looking to an increase 

of trade and commercial intercourse by them with ourselves. What 

reply could our representatives make to·day when asked what our policy about currency and taxation is to be? The theory of our existing 

tariff legislation is that our own manufacturers can only be saved alive 

against foreign competition by preventing, through a custom-house tax 

on nearly every completed manufacture, our own people from buyiJ:;g a similar fabric in a foreign country. That tariff legislation has, it is believed, created the very evil which the proposed bill and one of the 

proposed joint resolutions would endeavor to remove. One of the difficulties with which we in the United States havenow 

to contend is that, by reason of our present tariff laws, we can not in our own workshops compete with European manufaeturers, notwithstanding the great advantage we have from the efficiency of better paid 

and better educated labor. So long as such tariff laws shall be maintained, it is not believed that any diplomatic negotiations will enable 

the United States to do in the Dominion of Canada, ot in :Mexico, or in 

Central America, or in South America what we can not do at homewhich is to compete with European manufacturers. Freedom to buy 

in these communities we now have, and we can enlarge its use to any 

degree, but freedom to sell to those communities we can only enlarge 

by produciug equally good articles which we will sell at least as cheaply as our European competitors. 

All schemes whatever for retaining a protective system and gaining foreign markets are impossible of success, no matter how many 

railways we may build or steamships we may subsidize. It will be 

seen from the statistics already given that a large part of the products 

of our neighbors to the south of us are now admitted at our customhouses free of duty, but the difficulty of increasing the exports of our manufactured products to those countries remams, because our protective tariff inflicts what, owing to the increased cost of manufacture, 

is in effect an export tax upon our products, which frustrates the efforts 

of our enterprising and inventive people to have more complete possession of the neighboring markets upon this continent. 

The annual report of Secretary :Manning to Congress, and his subsequent communications on currency, taxation and tariff reform, together 

with the recent report of the Bureau of Labor, clearly indicate how and 

when a removal of the existing business depression is to come. .A. reha.bilitation of silver, and a restoration of the old price of that metal 

by open mints for all comers bringing gold or silver; free coinage of 

full legal-tender coins of both metals on an international ratio contemplated bythesecond section of Mr. BLAND's law of1878, and endeayored 

to be promoted by Secretary Bayard; a sonnd system of finance; and 

XVIII-96 

a wise adaptation of the burden of taxation to the back that must bear 

it, will do more to open markets for our products in South America 

than will any diplomatic negotiations to be carried on by the President, 

and should precede such attempted negotiations. 

Mr. McCREARY. I have promised to give five minutes to the gentleman from New Jersey [Mr. PHELPS] and five minutes to the gentleman from Pennsylvania [Mr. CURTIN]. 

Mr. BELMONT. I believe I had the :floor. This evening is set apart 

for tributes to the memory of deceased Representatives of the St:.ate of 

New York. We can not get through with the bill before 5 o'clock. I 

ask general permission that gentlemen have leave to print in the REcORD remarks on this bill. 

Mr. MORRISON. I object. I will not object to leave beinu; granted 

to individual members who desire it, but I object to this wholesale 

permission. 

Mr. DANIEL, and Mr. COX, of North Carolina, asked pernillsion to 

print remarks in the RECORD upon the pending bilL 

There was no objection. 

Mr. McCREARY. I yield five minutes of my time to the gentleman 

from New Jersey [Mr. PHELPS]. 

:Mr. BELMONT. I believe I have the :floor. It appears to me it 

is about time the committee should rise. · 

Mr. REED. Let the question be submitted and let the committee 

dispose of it. 

Mr. BELMONT. I withdraw my motion that the committee rise 

and yield to my colleague on the committee, the gentleman from New 

Jersey [Ur. PHELPs], :five minutes. 

1\Ir. PHELPS. Mr. Chairman, two minutes will be all that I need 

to congratulate the friends of peace and progress that the same bullet 

which destroyed the administration did not kill the measure which it 

inaugurated and was engaged in successfully prosecuting. 

Six years ago the administration of President Garfield, eager to obtain these same results, namely, to promote arbitration and to increase 

commercial intercourse between the United States of America and the 

Republics of Mexico, Central and South America, and the Empire of 

Brazil, promuJgated this as the best method to accomplish the purpose. 

But party spirit ran so high that the great advantages of this confer- ence could not crush out partisan jealousy, and the measure did notreceive thatuniversalsympathyandaid which its merits deserved. Now, 

if we may judge from this report of a Democratic Committee on Foreign 

Affairs, which is substantially unanimous, and from the different bills 

developing this same idea which have come from both sides of this 

House, trooping to our committee-room, both parties recognize its value, 

and we may expect hereafter the support of the whole people. I gratefully accept the aid of the other side in carrying out this project, and 
, . 

1522 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

while I recall regretfully the six years that are pa.st, I am not disposed 

to repine. 

I know that to-day the countries I have mentioned buy three hundred 

(l.]ld fifty millions of foreign produce; and I know that we sell them only 

forty-five. And I know that if the plan so well developed by Secretary 

Blaine had been at that time completed, those figures would be far different. But~ all the same, I look hopefully forward and with this 

Democratic co-operation shall struggle to carry to an end this measure, 

whicl;l will promote arbitration and increase commercial and friendly 

intercourse between us and our southern sisters on this western continent. [Applause.] 

Mr. MILLS. Will the gentleman answer this question: Why was Canada left out of this happy family ? , 

Mr. PHELPS. For the reason that the gentleman who was then 

Secretary of State was aware of the fact that this Government could 

not invite dominions, or colonies, or dependencies of any kind, but 

must address its invitations to powers which exist in their own autonomy. [Applause.] 

Mr. BELMONT. Mr. Chairman, I now yield to my colleague on the committee, the gentleman from North Carolina [Mr. Cox]. 

Mr. COX, of North Carolina, withholds his remarks for revision, 

fSee Appendix.] 

ORDER OF BUSINESS. 

l\1r. BELl\IONT. 

rise. 

1\Ir. Chairman, I move that the committee now 

Mr. McCREARY. Mr. Chairm:m, I hope that before the committee 

rises--

The CHAIRMAN. The question is on the motion of the gentleman 

from New York [Mr. BELMONT] that the committee now rise. 

The question was taken; and there were-ayes 45, noes 27. 

1\fr. STEELE. Let us have tellers. 

Tellers were refused, only 14 gentlemen voting in favor thereof. 

1\Ir. McCREARY. Mr. Chairman, I ask unanimous consent that the 

gentleman from Pennsylvania [Mr. CURTIN] be allowed five minutes. 

Mr. BLOUNT. I ask for the regular order. If this matter is to be 

debated it will extend indefinitely. 

The CHAIRMAN. Objection is made, and the committee determines to rise. 

Mr. REED. Tellers have been ordered. 

The CHAIRMAN. The Chair announced that a sufficient number 

had not voted to order tellers. Only14 gentlemen voted in the affirmative. 

Several 1\IEMBERS. Regular order. 

The committee accordingly rose; and the Speaker having resumed 

the chair, Mr. HAl\:IMOND reported that the Committee of the Whole 

had bad under consideration the bill {H. R. 7884) authorizing the 

President of the United States to arrange a conference for the purpose 

of promoting arbitration and encouraging reciprocal commercial relations between the United States of America and the Republics of 1\Iexico, Central and South America, and the Empire of Brazil, and had 

come to no resolution thereon. 

THE GENERA.L LAND OFFICE. 

Mr. WEAVER, of Iowa, from the Committee on the Public Lands, 

by unanimous consent, reported back with a favorable recommendation 

ibe bill (S. 2877) to promote the efficiency of the General Land Office; 

which was referred to the Committee of the Whole House on the state 

of the Union, and, with the accompanying report, ordered to be printed. 

ORDER OF BUSINESS. 

1\Ir. VIELE. 1\Ir. Speaker, I move that the House now take a recess until7.30 p.m., in accordance with the resolution heretofore adopted. 

The motion was agreed to; and the House accordingly (at 5 o'clock 

p. m.) took a recess until 7.30 p.m. 

EVENING SESSION. 

The House reassembled at half past 7 o'clock p. m., and was called 

to order by Mr. McMILLIN, as Speaker pro tempore. 

The Clerk read the following: 

SPEAKER's Roo:u, Washi11gton, D. 0., February 8, 1887. 

I hereby designate Hon . BENTON McMILLIN, of Tennessee, to preside as S~aker pro tempore during this evening's session. 

J. G. CARLISLE. 

Hon. JoHN B. CLARK, Jr., Clerl~ House of .Representatives. 

The SPEAKER pro temp01·e. The Chaplain will offer prayer. 

Rev. W. H. MILBURN, Chaplain of the House, offered the following 'prayer: _ 

Almjgbty and everlasting God I we devoutly bless Thee for the long 

line of brave and honest men who through nearly a century have made 

the Halls of Congress illustrious by their devotion to tb~ highest interests of this Republic! And as we are gathered to-night to commem- orate the virtues and the energies of some of the members of this House 

who have departed from us and passed to the unseen world, we pray 

that the fire of patriot.ism may glow in every breast and that every one ·of us may feel like devoting ourselves to the highest welfare of the land 

. ~ 

with all our power of brain, thought, influence, and grace! We beseech 

Thee, 0 Lord! to bless the men who shall speak to the House to-night 

concerning our departed friends ! As it is said that republics are un· 

grateful, may we cherish the recollection of those who are gone, and 

may we ourselves deserve perpetual memory by the singleness and sim· 

plicity of our motives, the fullness of our service to the country I We 

humbly ask through J esug. Christ our Lord. Amen. 

ORDER OF BUSINESS. 

The SPEAKER pro tempOl·e. The Clerk will rea.d the order under 

which the House assembles this evening. 

The Clerk read as follows: 

Resolved, That Tuesday, February 8, 1887, at 7.30 o'clock p.m., be assigned for 

the consideration of resolutions relating to the late 1\iessrs. Arnot, Beach, and 

Dowdney, late Rep1·esentatives in this House from the State of New York. 

DEATH OF HON. JOHN ARNOT. 

Mr. MILLARD. I submit the resolutions which I send to the desk. 

The Clerk read as follows: 

Resolved, That the House bas received with profound sorrow the announce- ment of the death of Hon. John Arnot, late a. member of the House of Represent- atives from the State of New York, and tenders to the family and kindred of 

the deceased the assurance of sympathy in their sad bereavement. 

Resolved, Tho.t the business of the House be now suspended that opportunity 

may be given for fitting tributes to the memory of the deceased aud to his emi- nent public and private virtues. 

Re&olved, That the Clerk of the House be directed to trausmit to the family of 

the deceased a copy of these resolutions. 

ADDRESS OF MR. MILLARD. 

M:r. MILLARD. 1\Ir. Speaker, at a meeting of the New York Con· 

gressional delegation recently held I was directed by it.~ chairman, 1\'Ir. 

Hewitt, to present to the House at this time the resolutions just read. 

It now becomes my sad duty to ask for their consideration and to •join 

in paying the last official tribute to the memory of my deceased colleague. 

Scenes like this have become so frequent during the JJresent Congress, 

they seem almost to constitute a part ot the regular proceedings of the 

House. The list of our departed associates is indeed a long one. Of 

the three hundred and twenty-five Representatives elected to the Fortyninth Congress who a little more than one year ago appeared and an- swered to the first roll-call the seats of eleven have been vacated by the 

hand of death. Eleven of our number have died. With them "life's 

fitful fever is over.'' Their work on earth is accomplished, and they 

have passed beyond the l'each of all human praise or blame. 

In the death of John Arnot I can not but feel that I have sustained a personal loss. He was not only my colleague, but my neighbor and 

friend. We entered Congress at the same time, and the Congressional 

district he represented at the time of his death comprised a portion of 

the constituency I had the honor to represent in the Forty-eighth Congress. In the few remarks I may be able to offer at this time, I can 

not hope to do justice to his memory, yet were I to remain silent I 

should not only do violence to my own feelings, but dis:lppoint many 

of my constituents who were his admirers and life-long friends. · 

John Arnot was born at Elmira, N.Y., :March 11, 1831. He sprang 

from good stock, being the second son of the late John Arnot, a native 

of Perthshire, Scotland. In early life the father left his Scottish home 

to seek his fortune in the new world, and while a young man came to 

Elmim, then a small village in the southern tier of New York. He was a man of great business energy and financial ability, and did mol'e 

to develop the esoUl'ces of Southern New York and Northern Pennsylvaniathananymanofhistime. The elder Arnot died severalyears 

ago leaving surviving him three sons, Stephen T., John, and:Uiattbias. 

John was educated at a private school, and upon the death of his father 

became the head of the Chemung Canal Bank, one of the largest banking houses in the southern tier of New York. In early life he married 

Miss Hulit, daughter of the late Hon. Charles Hulit, a woman of cult- ur.e and refinement, to whose beauty of character and patient courage 

he was L1>rgely indebted for his success in life. 

That the people of the twenty-eighth district of New York in 1882 

should select him to represent them in Congress was one of the most 

natural things in the world. For many years he had been its foremost 

citizen, popular with all classes, a man of great wealth but wit.h a 

heart aa big as his fortune. No man in all Southern New York was better or more favorably known. For thirty years he had been identified with the growth and prosperity of hls beloved city, and there was no spot in all the world he loved sv well. It was at Elmira he was born, and it was there all the busy years of hls life bad beeu spent. If 

he had loved her she had honored him in return. For three successive times he bad been chosen president of the village, and after it had 

become a thriving and populous city he was frequently elected to tho 

office of mayor. 

John Arnot at the time of his death bad entered upon his second 

term in Congress. So satisfactorily bad be performed the dutie · of 

his high office and so greatly was be ~eloved .his second nomination 

and election was practically without opposition. Though re iding in a doubtful district, the Republican Congressiona.l convention which 

met at Ithaca in the autumn of 188·4lllacle him its candidate by unan-
1887. CONGRESSIONAL RECORD-HOUSE. 1523 

imously indorsing his nomination. He made no claims to statesmanship. He was not a debater or in any sense a parliamentarian; I · think his voice was never heard in the discussion of any public question upon this floor. Protractetl debate wearied him, and he was always impatient for the call of the previous question. But for all this 

he was an able man, thoroughly posted upon all important questions, 

and his vote and influence always to be found on the right side. 

John Arnot was a strong partisan, but he never permitted his party oblig<~.tions to interfere with what he deemed to be a conscientious performance of official duty. Public life in Washington has many temptations, and there are few who have occupied high official positions here 

that have escaped the charge of corruption or venality in some form 

or other. Charges of this character are often made against public men without the slightest foundation; but no breath of detraction ever tarnished his good name or dimmed the luster of his public life. The 

honesty of his vote was never questioned; his integrity was unim peachable and uncorruptible':" As was said of the late lamented Haskel, one of our distinguished associates in the Forty-eighth Congress, "his lips 

were too white to tell a lie and his hands too pure to accept a bribe.'' 

The twenty-eighth Congressional district of New York is one of the 

largest and most important in the State, rich in agricultural resources 

and extensive manufactures. Cornell University is within its boundaries. To fitly represent such a people and such a constituency its 

representative was required to be not only a maD. of ability, but he 

must correctly reflect the views of his district upon all great public 

questions, such as the tariff and the financial policy of the Government. 

Upon these questions Mr. Arnot was thoroughly informed and outspoken. Upon all such questions he desired not only to represent the 

views of his constituency, but to do what he deemed to be for the best 

interests of the American people. The last time we ever saw him alive 

was when he came here from a sick bed in Elmira to record his vote 

against the passage of a measure which in his judgment was hostile to 

the welfare of millions of our people. 

Sir, I have spoken of Mr. Arnot's early life and his valuable public 

services. I now desire to speak briefly of him as a private citizen. 

Though he was many years my senior, I knew him intimately. Few 

public men were more highly esteemed or universally beloved. From 

his father he had inherited a large fortune, but it was neither his 

wealth nor his official position that endeared him to the hearts of the 

people. He was the manliest of men, the most delightful of com- panions, and the truest of friends. He was everywhere a welcome 

visitor, and always unassuming and considerate of the rights of others. 

It is written, and upon occasions like this often said, and well said, 

that "an honest man is the noblest work of God." Such a man was our honored and beloved associate. In all the multifarious and com- plex dealings with his neighbors and fellow-men he was scrupulously 

honest and upright-his word as good and a little better than his bond. . In the summer of 1882 his name begun to be mentioned in connection 

with the nomination for Congress in his district, but official position or public life had no charms for him, and it.was not until he had been 

twice put in nomination that he would consent to stand as a candidate. 

The contest was the hottest ever known in the district. He had for a e9mpetitor an able man, one of the best political speakers in the State, 

and with a splendid record as a soldier in the war of the rebellion; but 

to defeat such a candidate as John Arnot was an impossibility. There was scarcely a poor man or woman in the district he had not befriended 

at one time or another. If in destitution or overtaken with sudden 

misfortune they went to him for assistance, and they never returned 

empty-handed. How many sad hearts he made glad by his open-handed 

generosity no one ever knew but himself. 

With him it was always more blessed to give than receive. If I were asked to name the chief characteristic of John Arnot, I should unhesitatingly say his unbounded liberality. The history of such a life is 

written in this one word, the sweetest and best word in all the ancient or modern languages. Why should such a man, so kind, so generous, 

so noble-hearted, not be permitted to live out the time allotted to men? 

Why should such a life, so valuable to society and the state, be thus 

shortened? I confess I am unable to comprehend. 

On the 20th of last November, at his home, in Elmira, :Mr. Arnot 

died. He had not been in good health for the past year. In the autumn of 1884 he met with an accident which well nigh proved fatal. 

From its effects he had never fully recovered. His death, though not 

wholly unexpected, W'lS a great shock to the people of his district. They 

knew that he was sorely ill, and had been compelled to leave his official duties here in the middle of the session, but they hoped and prayed 

for his recovery. They longed to see him upon the street again. Said 

his distinguished competitor for the election to the Forty-eighth Congress, during his illness, "Although he defeated me for Congress I 

would take off my shoes and walk to Washington in my bare feet to 

restore him to health.'' 

Colonel Baxter but expressed the feelings of hundreds of M:r. Arnot's 

constituents, but it was not to be. No human skill could bring him 

back to health. As the sun was illumining the eastern horizon on that 

beautiful November morn the heart of our beloved associate ceased to 

beat, and he sunk to rest surrounded by those he loved best-his family. 

In the death of John Arnot Southern New York lost its most valuable citizen, the State and Nation a faithful public servant, and every 

member of this House a genial and true friend. Greater men have 

lived and died, but none more justly esteemed or universally loved. 

.ADDRESS OF MR. HISCOCK. 

l\1r. IDSCOCK. Mr. Speaker, I rise to pay a tribute of respect to 

John Arnot. 

He was one of the most distinguished sons, one of the most influential 

citizens, of the State of New York. 

He entered upon life surrounded by every advantage that may be 

possessed in this Republic. A member of a wealthy and distinguished 

family, it was not necessary for him to acquire, hut only to utilize the means already at hand for his development. He was not forced to 

struggle for place and position, but hardly a less difficult task was before him, to hold that to which he was born. I have not said this to 

detract from his merits, but rather to illustrate them. Too often is it 

that such early advantages as those of Mr. Arnot are possessed at the 

expense of the energy, force of character, and personal habits necessary 

to success, and the development of a worthy character and manhood. 

Mr. Arnot did not become weak because action and energy were un- necessary.· He was not insensible to the claims of his neighbors, friends, 

his city, and the State upon him, though the honors they might bestow were unnecessary for his happiness or pleasure. He was ever kind 

to the poor, though he had never felt the pain of their necessities. He 

extended a helping hand to those struggling to position, although he 

had ever possessed it. 

In the society and municipal affairs of his native town he always had 

a deep interest, though little likely to be personally affected by them. 

Possessed of the means that would have established him in a broader 

and more conspicuous field, he chose rather to work out his life problem where it commenced; and in that section of our State-in respect 

to its area, population, wealth, and education, a State of itself-no man has more impressed himself or been held in higher respect or esteem 

while living, or, now that he is gone, in kinder and more respectful 

memory by her people. 

He engaged in vast business enterprises (not because accumulation was necessary or for the sake of accumulating), and honesty and con- scientiousness marked the transactions of his business career. He was a man of unquestioned integrity. In those official positions to which 

he was called at home his administration was characterized by a firm 

and steady purpose to accomplish the greatest possible good for his 

people. He was a public-spirited citizen, a warm friend, and openhanded in relieving the distressed. 

As a Congressman we knew him here, and the highest compliment was paid him by his constituents. Though a member of the Democratic party he was elected from a Republican district, because they 

knew that party ties would not be strong enough to hold him from 

faithfully representing them in his votes; that party prejudice nor party necessities would swerve him from faithfully voicing their views 

and convictions. And, sir, their confidence was not misplaced. He 

never hesitated to balance the chances or wffigh the effect upon himself; of strong convictions, he quickly responded to the expectations of 

those he represented. 

Though belonging to a great political party he was not its slave, and 

would not surrender at its call his opinions and the interests of his 

district. But few of his type mark our Congressional history, and I 

bow my head in honor and reverence to him. 

His virtues will long be remembered in Southern New York. He 

was a worthy representative of a great State, and his duty to her was never obscured, but he honestly, faithfully, and promptly discharged 

the trusts reposed in him. His associates in this House will remember 

him as genial and generous, a man of positiveness, always trustworthy 

and painstaking, and with a thorough comprehension of those questions 

he was called upon to deal with. We remark his absence, and appreciate that a strong man has gone from us. 

ADDRESS OF MR. VAN EATON. 

:Mr. VAN EATON. Mr. Speaker, my aequaintance with our lost 

friend and brother began in this way: Soon after my election to the 

Forty-eighth Congress a valued friend and prominent citizen of Mississippi said to me one day that he had an old friend of his Yale College 

days, who, like myself, had been elected for a first term, whose ac- quaintunce he thought I would fin<l pleasant, and to whom he gave me a letter of introduction. That letter I handed to John Arnot at the 

Democratic caucus the Saturday night before the meeting of Congress. 

Though yeam had passed since they had met, he was greatJy pleased 

to hear from his old friend, and much interested in all that related to 

his situation and prospects. 

The acquaintance thus begun soon ripened into friendship, and I 

found him at first what he was ever, warm-hearted, genial, generous, 

and frank. He was eminently calculated to win and retain friends; 

he had great positiveness of character, and was very pronounced in his 

likes and dislikes. He despised shams, show, and pretense, while 

struggling merit, howe~r lowly, found in him a fast and unfailing 

friend. His ide..'ll of what man ought to be was very high, and I think 

it may lle truthfully said his daily life and conductsquaredfullywith 
1524 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

his ideal. While he loathed the arts of the quack, the trickster, and the 

demagogue, he had infinite faith in his kind and a living trust in the 

future. 

This faith and trust colored all his life, and, coupled with his boundless generosity, made up one of the loveliest characters I have ever known. The needy and the suffering never ·appealed to him in vain, nor did be wait for appeals; be was ever seeking opportunities of doing 

good, which be always preferred to do "by stealth." On one occasion 

I spoke reprovingly to him of his indiscriminate acts of charity, and 

referred to the danger that much he gave might be unworthily bestowed. 

His reply was characteristic; it was to the effect that he might make some poor sorrowing sufferer glad, and he would take all the chances 

in that hope. 

All that tended to make men and women better and happier found 

in him a firm and unwavering friend, not in words and professions, for 

of these he was chary, but in acts that would be performed and bear 

fruit while others were hesitating; and toQ-day while we pause in the 

great rush of the affairs of every-day life to pay what I am sure is a 

heartfelt tribute to his memory, the name is legion of those who have 

abundant cause to mourn his loss and lament the death of him who 

had been their friend in time of sorest need. 

I know it is commonly said epitaphs and tributes of this kind study 

only to-speak well of the dead, but in this case it is simply impossible 

to speak truthfully without speaking words of praise-words which, 

to those who did not know the subject of them, would nppear extravagant panegyric. The character of our friend, which I am attempting so imperfectly to portray, he maintained in all the relations of life. He 

did not have one face for the world and another for those where that 

world was shut out, but he was the same to all. 

As a legislator he was ever loyal and fearlessly true to what he believed to be right, and during his term here he made warm friends of 

his associates, and that without regard to party affiliations. In a 

word, he was a just, good, true man, and of him as much as of any man any of us have ever met I believe it may be truthfully written 

that he was One who loved his fellow-men. 

There are others who knew him longer and more intimately than I 

did, and for them it is more fitting to speak of him and his character 

more minutely and at greater length than I should do. 

I may be permitted to say I loved him. He was my friend, as he was the friend of mankind, and I have sought this opportunity in all 

humbleness to drop a tear to his memory, to pl:lce a modest flower on 

his bier. ADDRESS OF MR. FELIX CAMPBELL. 

Mr. FELIX CAMPBELL. Mr. Speaker, it is, I think, no small ~timonial to ·the character of a man of whom it can be truthfully 

said that the tributes to his memory are none the less genuine and 

sincere t.han those which greeted his pathway while yet among USFor human nature has a kindlier side when recalling the traits of those 

who have gone before, and blends with generous intent opinions tempered by the hand of sorrow. Yet I think it will be conceded that the 

thoughts and feelings associated with the man whose life and character we are considering to-night were as kind and fervent while he was 

still among us as those which followed him to the grave, and that no more beautiful tribute can be woven to his memory than is comprised 

in many of the utterances passed upon him before his days were numbered. 

Ur. Arnot was a singularly plain man-plain in that he was direct, 

open, sincere, and without disguise, with an inherent force of character inherited from ancestors who were pioneers in the development of 

two great States, and whose qualities in no small degree gave vigor to 

the conservative and steady methods which characterize the soil from 

which he sprang. Amid the surroundings of his childhood were instilled principles and feelings which remained wit.h him through life- a broad sense of right, marked freedom from prejudice and illiberality 

~f thought, a power of friendship strong in gra-sp and beautiful in its 

loyalty, and, above all, a gentleness and serenity of heart which lent 

sunshine to his presence and welcome to his voice. He was of positive 

conviction and determined purpose, but with a simplicity of bearing 

and modesty of expression thoroughly in keeping with a nature foreign 

alike to obtrusive assertiveness and unseemly ostentation. Indeed, to 

many minds the simplicity of this character was its chief charm. It 

. was candid in all its attributes and generous to the last. 

Charles Lamb once said: 

The greatest plensure I know is to do a good action by stealth and have it found out by accident. 

Mr. Arnot had no such thought. He cared not whether his good 

deeds were known or not; be gave because the giving made the recipient, and therefore himself, happy. His motives were high, and were born of a nature too deeply imbued with t.he spirit ofthe golden rule 

to permitn.n act in the doing of which was commingled any selfishness. 

The esteem in which he was held by his neighbors and the confidence 

which they reposed in him cou-ld be illustrat8d in no better way than 

in the honors which they thrust upon him. 

When the now flourishing city of Elmim was but a village be was 

itB honored head, and subsequently when chartered he was elected ·mayor, and re-elected so long as he was content to serve the people 

among whom he had lived all his life, and who looked to. him as the 

sponsor of their trust and rectitude. It is four years since he was nom- inated for Congress by the Democrats of a district which contained a 

Republican majority of over 3,000- His personal following was so great that he was elected by a majority equal to that ordinarily given 

to the Republican candidate. In Congress he so discharged his duties 

that he was renominated by both of the political parties and re-elected 

without opposition. 

It is unnecessary, I take it, Mr. Speaker, to dwell at length on the 

estimation in which he was held by his associates on this floor. To his 

labors here he brought the same direct methods of thought and the 

samejnstprinciples which characterized his business career, andhissnbseqnent administration of the affairs of the city in which he lived. 

Careful and considerate, he commanded respect for the force and liberality of his views, as he appealed also to the warmer side of human 

nature by a radiance of heart which never lost its luster. For at least a year before he died his health was poor. He bore suffering with 

Christian fortitude, and as the sha-dows closed about him spoke of an abiding confidence in the wisdom of the Supreme Being, to whose summons we must all inevitably bow. 

The good which . this man did lives after him in the recollection of 

the many to whom he was a protector and a friend; it is written in the 

records of the charitable institutions to which he gave unstintingly of 

his means, and in the activity of the benevolent enterprises which he was pleased to stimulate and promote. 

May the gentle and generous influences which his association engendered long survive; and in the heavenly sphere, where contention is no 

more, may rest and peace and happiness be his for all time. 

ADDRESS OF MR. CURTIN. 

Mr. CURTIN. ]).Ir_. Speaker, "Fprgiveusonrtrespassesasweforgive 

those who trespass against us" might be a rule of actionJ but "Love 

thy neighbor as thyself" is a still higher injunction, whether it comes 

from inspiration or drops from the lips of Divinity. I have never in 

my life known a man who followed that precept more rigidly than did 

John Arnot. I would not exalt our friend as a great orator or states- man. His voice was never heard within this Hall during his career 

except to vote; yet around that man there gathered more affectionate 

devotion than ever fixed itself upon any man that I have known since 

my presence in the Con11;ress of the United States. 

Mr. Speaker, when a mP.n dies who never fulfilled much of the personal and relative duties of life, who never loved his neighbor as himself, who never gave of his means in open-handed charity, there is little 

thought of it; and there is just about as :tnuch thought of a man of that 

kind as there ought to be. But when a good man dies there is an aching void in the society in which he lived, in the neighborhood that he 

served, in the hearts of the friends to whom he was kind, and the poor 

who were the objects of his benevolence. 

I would not speak of John Arnot other than as an honest man, equal 

to all his trusts-a man who had the confidence of the community in 

which he lived. When he died all that community was gathered at 

his funeral, and there was real sorrow, because a trne friend of humanity 

had passed away. The rich whoknewthathewas an honest man, the 

poor whom he had sustained and supported, the representatives of the 

institu tioiis of charity to which he had been liberal all his life followed 

him to the grave, and there was real sorrow. In that community there 

is to-day a void. · 

1\fr. Speaker, a statesman may die, and for a time much may be said 

of him; of his eloquence, of his good works, and the like; but he is soon forgotten. There are plenty of statesmen in this country. I do not 

know but that there are more than there might be, certainly as many as are useful; and when one after another drops out their places are 

filled by others quite their peers and equals, and it is not, therefore, 

that a nation should mourn for the decease of a man. That is of little 

amount. It is in the course of human affairs, just as we stand con- stantly in these Halls and in the States. 

But the great tribute to the memory of a man is the effect he has on the community in which he lived. I say no man has been in this Congress since my presence here and had the honor of a seat on this floor 

that had around him more devoted friends than John Arnot. I was so much his friend that I can scarcely speak of him without emotion . 

I am no.t equal to it In all my life, and it is drawing to a close, I never knew a purer man. I never knew a kinder man; I never knew n. man more constant in his friendship, more dignified in his resentment 

of wrong, or more willing to do his duty relative to his family and his 

community and to the state. · 

Now, Mr. Speaker, I am not magnifying the man. I havesaid ofhim 

what I believe; and whilst I have had much to do with the affairs of 

the country, have been with men of all classes in my life, I know fnll 

well that of this man I am pronouncing no eulogy beyond that which 

is proper. I use no language which I do not think belongs to him and 

to his memory, and I offer to his memory the homage of my gratitude 

for the life of the J;llan, and with the belief that he is happier now than we are to-day. 
1887. CONGRESSIONAL RECORD-HOUSEo -1525 

:Mr. Speaker, we must fulfill our duties, for none can tell when the 

portals of this Hall will open and the grim monster will come in and 

seize another victim-to-night, to-morrow, who knows? We should 

be ready. 

1\Ir. Speaker, all humanity is of one family. It is made up of the 

living and the dead, and those who go before us casttheirbenefa.ctions 

upon us by their good works in life, and it is reserved for us when we 

are to follow to so dispose of our works to our country and our friends 

that when we go we too will leave an example to those who may come 

after us, and whilst that may be forgotten, and our names unknown 

as members of this august and distinguished body, but when our good 

names come to those-who follow us in the circle of our friends where 

we live, they will feel the benefactions of a just and upright life. That 

is all John Arnot did. That, gentlemen, is all yon can do. Just do 

it; your friends will be satisfied; your memory will be cherished, and 

the Almighty God will bless yon. 

ADDRESS OF 1\IR. TIMOTHY J. C.A.M.PBEL.L. 

Mr. TIMOTHY J. CAMPBELL. Mr. Speaker, in accordance with 

a time-honored custom, this evening has been set apart by the Honse 

of Representatives to afford us an opportunity of testifying our regard 

for the memory of those whom the angel of death has summoned from 

our midst. 

While perhaps there are men more widely known, }'et there are 

few men whose lives, after the last page has been written, will bear 

as close a scrutiny as that of our friend and colleague, John Arnot, and 

show so little, if anything, to hide or excuse, so much to commend, 

reflect upon, and take pattern by. That life was spent in the half 

century and more of ita lively continuance in one spot, Mr. Arnot's 

birthplace and the scene of his death being almost identical, something 

that in this shifting, moving, restless country of ours is uncommon 

and unusual, but the influence of that life was of wide extent, reaching far beyond the confined limits of his city, county, district, and 

State. 

· From his earliest childhood Mr. Arnot was one by himself, exhibiting those characteristics that marked his whole career; winning love 

and consideration in his youth that he held until his latest breath, 

and that remains and will remain attached to his memory forever. 

His family, one of the wealthiest and most prominent in the "southern 

tier" of New York, and, indeed, of the whole State, were identified 

with the old Whig party. He himself was always a Democrat, there 

being something in the principles of that party appealing to his generous nature that could never see any difference in his fellow-men, whatever their position or condition in life. He had the pleasurable satisfaction, long before the founder and head of the family died; of seeing 

them all come to his side in politics, and adopt the principles and sentimenta that he had held from boyhood. 

It might be said, and with truth, that Mr. Arnot's whole life had 

been a public one. In youth, after a good common-school education, 

and a brief season spent at Yale College, where, however, he did not 

graduate, he was called home in 1852 by his father to assist in the 

management of a very large estate, his own especial duties being connected with the <'.Onduct of the Chemung Canal Bank of Elmira, largely 

owned by his family. This has always been a strong and influential 

concern, but l\1r. Arnot, by his ad vent in its management, added to its 

character an element seldom possessed by great moneyed concerns, 

that of a generosity toward the business interests of that whole region, 

a care and consideration for its credit, that in periods of distress and 

depression carried it into prosperous times with fewer disasters than 

occurred to any other section anywhere in the land. 

It is a matter of record that in the distressful periods of mercantile 

depression that marked the years of 1857 and 1873, times that have 

but once or twice been paralleled in the business history of this country, the city of Elmira and the large region depending upon it, or upon 

which it depended, with the immense interests in coa~ iron, and lumber, were entirely free from such disastrous failures as were frequent 

in other parts of the country. 

This favorable state of affairs can be directly traceable to Mr. Arnot 

and the Chemung Canal Bank. The foundations of the bank were laid 

deep, and the whole region could and did lean upon it trustingly and 

confidingly. It is the simple truth that in those troublous times not 

one single man who went to Mr. Arnot for help was ever turned away 

empty-handed. His large nature grasped the whole monetary situation, and he was unwilling to have distress fall upon the humblest. 

Of course when the tide tnmed and the sun of prosperity once more 

shone over the land, Mr. Arnot reaped largely where he had sown so 

plentifully. He deserved to do so. But not alone in money did the 

return come to him, and I am inclined to think, knowing what I do 

of him, that he val ned that less than he did the abiding love and affection of the whole community that were equally the result of his 

thoughtfulness and generosity. 

At another time, in indications of distress and unhappiness, Mr. Arnot's position and feelings were no less markedly shown. In tho.se 

early days of the war, in the midst of distrust, suspicion, and apprehension, his whole personal influence and the monetary influence and 

assist.ance of the bank were thrown by him unhesitatingly and firmly 

on the side of the Union and the Government. Its funds were always 

ready and available in times of emergency and need in forwarding the 

means taken for the undivided preservation of the country. 

Can it be wondered at, then, that whenever Mr. Arnot came before the 

people for an elective office he never had any real opposition? He 

served three terms as president of the board of trustees of the then 

village of Elmira in 1859, 1860, and 1864, being only twenty-eight 

years of age when chosen for the first time, .and each time his election 

was practically unanimous. When Elmira was made a city, in 1864, 

he was elected its :first mayor and served in the same capacity in 1870 

and 1874. These were the only public offices he held until he was 

chosen a member of this body in 1882. 

That election so peculiarly shows how Mr. Arnot was held in the esthnation of his fellow-citizens that I can not help but refer to it particularly. His district was then composed of the counties of Chemung, 

Steuben, and Allegany. Allegany County, as every one knows, was the 

birthplacl3 of the Republican party and it could always be counted upon 

for a majority on that side of at least 2,500. Steuben County sympathized strongly with its neighbor and was good for the same organization by a~ least 2,000 ~jority more. Chemung County, although naturally Democratic, was ·sometimes "mighty uncertain." Our friends, 

the .Fepublicans, in the canvass had nominated a brilliant young lawyer who had a splendid warrecordand had made a State reputntion by 

his campaign speeches. . 

As I have said, the struggle was a bitter one, but the result not, perhaps, astonishing. Mr. Arnot's majority in the district was upwards 

of 4,000, and he carried every election district in his own county but 

one, and every t..'Ounty in the district. In the next canvass, although 

the district was reconstructed, there was no nomination made against 

him, an event that attracted national attention. 

I recall these things to our memories a.-; the best commentary I cau 

make upon the life and character of our friend, as showing that sometimes party ties and party lines are very weak when brought into contact with a strong personality that is backed by personal affection and 

based on gratitude. 

We all know the record that Mr. Arnot made in this assembly. The 

qualities that bound to him so tenaciously the great body of his constituents endeared him to every member here who came in personal 

contact with him, and gave him among those who knew him only by 

reputation a place that it would be an envied pleasure for any one to 

occupy. He was the intimate and the associate of the best in this 

House, and therefore of the best in the land, and was speedily recognized as their equal and peer. 

It might be expected and it wiU be found that the kindly feelings of 

Mr. Arnot, which in large business' operations take the name of generosity, were in smallerthingsexhibited, in away that we call charitable. 

His private gifts, from which he could never expect the slightest return~ 

were enormous. It seemed impossible for him to tum any one away unsatisfied who asked for help. The extent of these givings was never in 

any sort measured until after his death, and the unobtrusiveness with 

which they were made may somewhat be estimated from an illustration 

with which I have become acquainted. 

A very old and poverty-stricken couple, the husband more than eighty 

years of age and blind, and the wife closely approaching the same period 

of life, froze to death within a few days of Mr. Arnot's demise. He by 

the wayside in the mfdst of a severe snow-storm, while out seeking something to provide warmth and food, and she while awaiting in her home 

his return. It was then ascertained for the :first time that for years 

they had been the constant and regular recipients of the bounty of our 

friend. The ha~d and good heart that had protect-ed and provided for 

them had been too suddenly withdrawn. No one can tell into how 

many households where there was want, sickness, and the disabled distress entered, although it is to be hoped not in such terrible shape as this. when our friend died. 

When such a heart as this stops beating is it any wonder that in the 

community that was blessed by its throbs genuine tears of sorrow flow 

and a void be made that can never be filled? · 

Mr. Arnot was too young a man to die, and, as is often the case, his 

career of usefulness and beauty was too brief. I say career of beauty, 

for there is nothing more beautiful to me than the life of such a man. 

Provided with abundant means, unobtrusively but nevertheless just as 

certainly, with a heart singularly free from envy, hatred, malice,and all 

uncharitableness, he went about doing good. Where there were tears 

and sorrow he caused smiles and gladness to come; oftentimes his pand 

made mourning less grievous, and by his tenderne...c:s caused the shadow 

of death to be less dark and gloomy. If the man who where one blade 

of grass grew caused two blades there to spring up deserves immort.<tlity, 

what can be said of him who chases away a tear and puts in its plaoo a 

smile? 

Mr. Arnot, springing from the sturdy Scotch stock, was too young to 

die, and fifteen years too short of the allotted years of man's existence. 

But a man even of exceptional ruggedness could not well have successfully withstood the phy~ical shock that Mr. Arnot sustained two years 

ago last October. It will be remembered by the most of us that _at 

that time, in opening the vault of his bank one morning, there was an explosion of gas t.herefi·om, and he was thrown across the room fif-
1526- CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

teen feet or thereabouts, striking against the desk, and .at the same time , John Arnot was a man of great kindness of heart; his charities were 

wasseverelyburned about the head, face, and hands. _ boundless. So much was this so that it was a proverb in his city to 

At this time he was a splendid specimen of physical manhood, but he say, ''As generous as John Arnot.'' And I hesitate to speak of these 

never recovered from the shock. We who saw him during the first ses- things, for I knew him so well that I know if he were to be consulted 

sion of this Congress know how earnestly he tried to perform his duties, he would much rather this -distinguishing virtue should be pn.ssed over 

and know, to9, how rapidly his constitution was being undermined. It in silence. 

wasnosurprise, therefore, althoughasgreatagriefwhen the information Everybody in want went to him; churches with depleted treasuries, 

· was received the latter part of last November that he had passed from societies, and individuals, and, .as my friendfromNewYork [Mr. MILamong ns and was no more. LARD] said, ''No -deserving person came away empty-handed.'' 

We and other public bodies with which Mr. Arnot was connected In 'Vashington he was always doing some good and generous thing. 

may pass formal resolutions of respect, sympathy, and regret, and the I know personally of Illil11Y of his charities; but no one 'Cver knew half 

world will wag on its old cold way as though the sod covered an that the good he did. Fortunately "his purse was as big as his heart." 

there was of our friend; there will be disaster and prosperity, shadow He was a safe counselor, !1ll incorruptible public sen-ant, an able, conand sunshine, clouds and rainbows, as though he had never existed, but scientious Representative. 

in that community where he lived and was loved for many a. day and I do not know that I need say more of his public life than that he 

year there will be sincere mourning, and the mention of his name will was faithful to every public trust. His ju.dgment was sound, and his 

for many a· generation conjure up memories of deeds of kindness and intellectual methods were based upon such personal experience as had 

thoughtfulness that mayhap may prompt others following in his foot- brought success. steps to emulate his example and live the life that he lived. He can In his family relations the kindness he manifested eve1·ywhere was 

not be forgotten, and even if he is, it can not be said of hipl that he here amplified. His home was his refoge-place from the storm and 

lived in vain. for he was an honorable and honest man. worry of life, the abode of mutual self-saerifi.ce. 

He leaves a wife, two sons, and a daughter. lfay God bless and ADDRESS OF MR. WILKINS. comfort them in this their great bere;tvement and teach the children to 

Mr. WILKINS. '111r. Speaker, John Arnot was my friend. I be- emulate the yirtues of a distinguished father! 

came acquainted with him early in the first session of the Forty-eighth The wife loses a faithful, loving husband; the children an affecti-onCongress. ate, clevoted father. The city of Elmira loses her foremost citizen; 

The acquaintance formed thus early in our legislativecaree.rs ripened the country a safe, able, conscienti.-ollS, and patriotic Representa-tive. 

into a. warm and generous friendship, which was never interrupted by Mr. :MILLARD. I move the adoption of the resolutions. 

a hasty word or an unpleasant incident. The resolutions were unanimously agreed to. 

And, sir, I can not permit this occasion to pass without joining with EULOGIES ON HON. LEWIS BEACH. 

his colleagues, who knew him longer and better perhaps, withoutjoining with them in paying a. tender tribute to his memory. Mr~ VIELE. Mr. Speake:r, 1 submit the :resolutions I .send to the 

His death occurred at his home in Elmira, N. Y., on Saturday morn- desk. 

ing, November 20, 1886, resulting doubtless from -serious injuries he The Clerk read as follows: 

had sustained by an explosion of gas in the vault of the Chemung Resolved, That this House has heard with profound sorrow of the death of 

Canal Bank, of which he was the managing officer. Lewis Beach a Representative in Congress :from the State of New York~ 

The injuries he then received proved nearly fatal at the time, but care- :Re.solved, That aU other business be suspended in order that fitting tri-butes of respect may be paid lo his memory. fol nursing and a robust constitution tided him over until the sunset .Resoh-ed. That these resolutions be com:municated to the familyot:Mr. Beach. 

of the year. 

He never recovered from the shock he had received. When he re- ADDRESS OF MR. VIELE. 

turned to his seat in the first session of the Forty-ninth Congress, it was Mr. VIELE. ~fr. Speaker, these rresolutions.a:re offered !for the cona subject of common remark he was not the same John Arnot as before. si.deration of the House in pursuance of an honored custom that permits 

At times during this session he would rally aud seem to grow stronger, us to perform the sad duty of respect for the memory of .our lamented 

encouraging the hope for his ultimate restoration to health, but for colleague. M.r. Beach was born in the city of New York on the 30th 

months prior to his death his rapMJ.y failing strength gave unmistak- day of M.·uch, 1835. In that ci.i;y his early boyhood was spent1 and 

able evidence the end was ne.:'U'. . having accomplished the necessary preliminary education he entered 

John Arnot was born March 11,1831, and was therefore nearly fiity- the Yale Law School where he graduated in the year 1856, at the age 

six years oM at the time of his death. Fourteen years less than the of twenty-one, was :tdmitted to the bar the same year, and .commenced 

three score and ten allotted to man by the psalm hit were measured to the practice of law in the city of his birth. 

him. · In 1861 he removed to the town of Cornwall, Orange County, New 

Cut dGwn in the days of his ripening manhood, who can tell-with York, where he combined with the practice'Oflawthe, to hlm, genial 

his immovable integrity, with his rare fidelity to every public trust, pursuit of farming, following the example -.of IDany illustrious men. 

noble minded, true hearted-who can tell what he might not have at- At the same period he devoted a portion of his time to literary purtamed in the councils of the nation had he been spared in the vigor of suits, contributing many interesting .and instructive articles to various 

his manhood. periodicals and newspapers. In fact his mind wasruways active in 

In his own home city, where he had lived all his life, among those matters connected with the varied interests of life, and he gave a great 

whi> knew him from infancy to boyhood, from boyhood to manhood, deal of time to the study of social problems, especially the laws of samgenerous, just, and kind-hearted, he could reach no higher place in tation. He subsequently published a history of the rown of Cornwall. 

their heal'U!. Having shown a warm interest in public affairs he was elected a superRespected by all who knew him, venerated as a benefactor by hun- visor of the town in 1869, and filled other public -positions. 

dreds who have been the recipients of his bounty, none loved him bet- In 1880 he was placed o:n. the Presidential electoral tieket, but hav-

.ter than those who knew him best. The grief of his people was u.n- ing received the nomination for .Represenbative in Congress from the 

mistakable. district in which he residedhe resigned hisplaceon the electoral ticket 

Sir, it was not my good fortune to know John Amot as he was and was subsequently elected a member of the Forty-seventh Congress 

known by his neighbors and friends, who have enjoyed his friendship and was re-elected to the Forty-eighth and to the Forty-ninth Confor years, and the hospitalities of his home; but, sir, the press of the gresses. It was near ihe close of the first session of the Forty-ninth 

city of Elmira, irrespective of political affiliations, voice the sentiment Congress that, after having devoted himself with untiring assiduity to 

of his people, before·whom passed inrevieweveryact ofhisprivatelife, his duties, he found his health impaired, and had he yielded in time 

.and who sat in judgment upon every movement in his political career. to the solicitations of his family and fTiends he could probably, by takThey feelingly and eloquently bear witness to-day to the uprightness ing a respite from his arduous labor, have recu}lerated his energies ; 

of his life and the sterling integrity of his character. bnt such was his conscientious devotion ·to his duty that he underThat his personal and public life merited the confidence of his people took to fight off the insidious -3J>proaches of disease until it was too 

is evidenced by the fact that he could at any time have any office within late for him to rally from its effects. He had barely strength to return 

the _?;ift of the people of his city. to his home when he was overtaken by the dread destroyer. 

Su, he was thrice elected pre{!ident of the town of Elmira, and after The peculiarity oflli. Beaeh's character~ and thatwhieh marked his 

it became a city he was chosen its first mayor, and wns sn.bseqnently whole career as a. member of this House, was his steadfast adherence to 

elected to the same office for two succe.gsive terms. his convictions of the right in spite of all opposition, from whatever 

In 1882 he was nominated a candidate for Congress, but declined the source it came. 

proffered honor; a second convention was held a few days before the No argument, no inducement could persuade him to swerve for an 

election. Yielding to the earnest solicitation of friends in all political instant from the course he had marked out for himself to pursue. No 

parties he was again nominated, and notwithstanding a large adverse Hepresentative could possibly be more devoted to the interests of his 

majority was overwhelming elected. .Again in 1884 he was renomi- constituents. 

nated by his party, indorsed by the opposition, and unanimously · No member of the Honse was more .industrious and indefatigable in 

elected. He served his constituents in Congress 'vith honor and dis- his eftorts to fulfill all the duties of his position. The first in his seat 

tinction. His jndgmentwasas sound astheimpul:SCS ofhis heart were and the last to leave it, he followed with assiduity every detail of 

generous. legislation, scanned every me..<tSure, and watched every resolution. 
1887. CONGRESSIONAL RECORD-HOUSE. 1527 

But, above a.ll things, he was aJ..mostpainfully con~eientious in regard 

to any delays in the transaction of the public business. He felt that 

those measures that Telated to the interests of the country at large 

should at all times take precedence over the claims of private individuals, no matter how jnst they might be. For his efforts in this respect 

he acquired the temporary ill-will of many who felt annoyed at the persistency with which he interposed objections to what he regarded as 

obstructions of the ordinary business of the House. And yet no one 

for a moment doubted the sincereity of his motives. To those who 

knew him best he did not hesitate to express the feelings of sorrow and 

regret at the pain and annoyance he knew that he caused to others by 

the discharge of what he considered his solemn duty to the country. 

He was almost morbidly sensitive in regard to what he· considered a 

loss of time in the transaction of the public .lmsiness caused by obituary proceedings. He believed that it was the duty of Congress to set 

apart the Sabbath day for such exercises as being more appropriate to 

the occasion and as a great advantage to the public business. Having 

by a careful calculation ascertained that in one session alone nearly a 

month was lost by the motions and exercises incident to the death of 

dece..'\Sed members, he offered a resolution that all such proceedings 

should take place on the Sabbath, and if his spirit is allowed to know 

' what we are now doing it must rejoice that his death has in no manner 

impeded the co1ll'Se of legislation. 

No man possessed a more kindly disposition, a warmer heart, or a 

more generous nature. To do an act of kindness was to him a source 

of the deepest pleasure, and he was always Teady to go out of his way 

to serve another without feeling that he thereby conferred an obligation. He always had a pleasant word for any one, and never spoke a 

harsh word except in denunciation of an act of wrong or injustice. In 

his domesti~ relations he was beloved as a husband and father, and his 

whole time was divided between his devotion to his family and to his 

t>ffi.cial duties. He knew no pleasure or enjoyment beyond them. . 

Among his immediate friends and neighbors Mr. B&'l.ch was warmly 

esteemed. The triple life that he led of farmer, lawyer, and legistator 

brought him into close relation with all cla-sses of people, and all found 

in him a ready and willing counselor and friend. He possessed an 

intuitive knowledge of the w::mts of his constituents, and the humblest among them never sought his ad vice or assistance in vain. With 

these l?rief remarks, Mr. Speaker, I yield to others who may perhaps 

have known him longer, although I doubt that any more fully appreciated than myself the sterling qualities, both of mind and heart, that 

he possessed. 

sympathy in the grief which it feels from the persons whom Mr. Beach represented as a member upon this floor. 

ADDRESS OF MR. HENDERSON, OF lOW A. 

Mr. HENDERSON, of Iowa. 1\Ir. Speaker, it is a sad duty to pay 

tribute to the memory of a dead colleague. But this duty becomes 

lighter when one can speak without reserve and with candor toueh· 

ing the merits and the character of the departed Representative. 

Though a sad duty on this occasion, still it is mingled with ple..'lSm'e, 

since our deceased friend possessed those qualities of hea.d and heurt 

that invite the freest and fullest commen.da.tion from those who knew 

him. 

I had the pleasure of knowing well Mr. Lewis Beach, of Corn wall, N. 

Y. Prior to the Forty-eighth Congress I did not know him personally, 

but during the long sessions of the Forty~ eighth and Forty-ninth Congresses he and I, with our :k'\lililies,lived in the same house; and as members, so to speak, of a common household, and <>f the two Congresses 

named, I came to know him intimately. 

I knew him as a representati>e of the people, as a neighbor, and as 

a friend. As a l~islator he had some criti-cs, but no enemies· some 

whom he annoyed, but none whom he angered. No man, perhaps, in 

theForty-.eighthandForty-ninthCongressesinterferedmorewithspecial 

legislation than did the deceased; but I am clear that this was always 

done with a conscientious desire to do what he conceived to be his duty 

to thepeo:ple. He was an independent man and fe..'trless, but his highest 

ambition seemed to be to bravely prevent an unnecessary and unwise 

expenditure of the public money. 

He aspired in a marked degree to represent the agricultural and the 

laboring ~terests, and this aspiration had for its foundation sincerity 

and z·eal. Such men are often called demagogues. Those who knew 

Mr. Beach best will acquit him of being that, and concede him sincerity, zeal, and courage in making the objections which• so often 

thwarted us all in our efforts at legisl.ation in this body. 

There werefew harder worJrers in the Rouse of Representatives than 

Mr. Beach. He was a.l ways at his post of duty in the House; and 

hardly a night was he absent from his desk, working with the greatest 

patience and industry. Re attended to the correspondence with hia 

people, and sought in every way to meet their wishes in the thousand 

little det:iils which so fully tax the strength and patience of a Representative of the present day. 

!Hsnaturewaskindandhis disposition obliging; he wasamanofclean 

purposes, clean thoughts, and clean life. His open nature, his unADDRESS OF 1\IR. BACON. varying good temper, his genial manners, niade his presence always 

J,Ir. nACON. Mr. Speaker, I should fail entireJy to express the sen- pleasant and welcome to his friends. 

timent of the district whicb Mr. Beach formerly represented in this He was a strong partisan, but this was only visible in the .field of 

body did I not take advantage of this opportunity and this time to · political conflict, and at moments when brave men should assert their 

bear public witness to the feeling of profound grief with which the an- ~ones~ political convic~ons: He nev~ ~eedl~~y obtru~ed his politnouncement <>f Mr. Beach's untimely death was received throughout ~ca.l Vlews upon fu.ose di~enng .from ~ m politics; and m the J?~~or, 

the whole section of country in which he lived. By his faithful serv- m the home, and m a~l his social .relat10ns he dropped the politiCian 

ices to the interests of his constituents Mr. Beach had elevated himself and became the gemal, compamonable gentleman, and the warmfrom the position of a newcomer in that country, an unknown man, to hearted, obliging friend. . . . . . . the place of the most prominent resident of his district. Though he was str?ng m his ~trict, though a potent f~tor m this 

His people had learned that no claim they could make upon his serv- ~ouse, perhap~ the highest complimen~ th~t I can pay to hiS memory 

ices was refused that no man was too humble for him to recmmize or IS to say that his greatest strength was m his own home. He was fond 

help, and no ma~'s position was such that it was possible for him to be of pleasure, but he wan~ his fa~nily to share his ple..'lsure with himawed or in any way disturbed by his denunciations. s~lf. He vyas fond of s~etety, but 1~ never had charms or stl:on~ att~ac

It happened to him that he was selected to run upon the Democratic tions for him unless hiS own fannly _form~ a pa~t of .the s~Cial life. ticket for Representative in Congress from that district .at a time when ·when not absolt;tely c:alled ~way by.hlS public duties hisevernngs w~re 

the district was in much disorder and there was no little difficulty in alway~ spent ~th hiS family. HIS workshop was there~ t~e family 

the Democratic party. He was elected, though almost at the time of was hiS republic; and he so~ht to make each m~mber of, 1t I.ndepe~d

his election unknown to a large portion of his constituents. By the ent and happy. _He. wnowill. honestly speak plamly of ~e SII?plelife 

time he was e1ected a second time so faithful bad he been to their in- of Mr . .Beach, brrngrng out his every-day .acts, and openmg hiS whole 

terests, so attentive to their dem.a~ds, that it was almost impossible to life :;tS God saw that life, will pay the highest and most eloquent tribute 

find a man willing to contest the election with him, and his election to h1s memory. . . . . . . . therefore from the first was a foregone conclusion. . He has beel?- miSSed by us all; .h1s dlStnct will have diffi~ulty rn findAgain, and contrary to all precedents in my district, contrary to all m~ a more fa1thful .Represent.a~ve; and ~one. but. the stricken hearts 

rules of parties since it has been a district, Mr. Beach was nominated Will ever know}low1;reparable IS the loss m hiS qmet ho~e. An ~ona third time, and elected without serious opposition. est, earnes:, active, kir\d, ~ood ~an Jeft us whe?- Mr. LewiS Beach .~ed. 

No one, sir, seemed to be in better health, no one in the fullest vigor [Mr. 0 N~ILL, of Missoun, w1thholds his remarks .for reviSIOn. 

of life could have rendered more faithful services to his people; and his [See AppendiX.] 

death came n.s suddenly upon his constituents as it did unhappily to DEATH OF HON. ABRAHAM DOWDNEY ANNOUNCED. 

them . .I ·was present at his funeral at his modest but exceedingly beautiful Mr. TIMOTHY J. CAMPBELL. I offer the resolutions which I 

home. I saw gathered there men from all portions of his district, men send to the desk. 

who lived upon the banks of the Hudson where it is almost as wide as The Clerk read as follows: 

a sea, and men who h ad their homes up in the monntains where the :Resolved, That in the death oftheHon. Abraham Dowdney, late a.Repl·esenta.-

trees bridge across the streams that find their outlet through the capes tive of the twelfth Congressional district of the State of New York, that distri<!t 

of the Delaware. I saw th ere men who were mechanics and men who and State have lost an able, conscientious and-faithful servant and the country a safe, intelligent, and prudent legislator and a public-spil·ited and patriotic were merchants. I sa.w there bankers, brick-makers, and saw there citizen. 

a.lso, abo>e all, and perhaps more numerous than any other class, the :Resolved., That the Clerk of the House be direct-ed to transmit a copy of these 

veterans o+' the war and I th · ;J a.11 'd f d resolutions to the family of the dec-eased. .... ' saw e eVluence on Sl: es 0 a eep per- Resolved, That as a. further mark of respect the House, at the conclusion of -sonal bereavement. these ceremonies, do adjourn. 

The district has had no more faithful servant; it can have no more 

beloved one at any time. It is not my place, it is not within my power 

to tell this House how he p erformed hispublicdutyinthisplace. But 

I can not p !lSS the oppor tunity of bearing to this House the message of 

ADDRESS OF MR. TIMOTHY J. CAl\fPBELL. 

Mr. TIMOTHY J. CAMPBELL. Mr. Speaker, the solemn duty of e- livering a eulogy on the memory of a beloved ft·iend, the Hon. Abraham 
1528 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

Dowdney, is assigned me this evening. An office which I fear I can not 

fulfill with full credit to the name of the deceased. 

In my humble way, I rise in my place to pay such tribute as I am 

able to the character of him whom I esteemed in life, and whose name 

I revere in death. 

Since the assembling of the second session of the Forty·ninth Congress the messenger has called our fellow-member of the twelfth district 

of New York from the bosom of his family. Mr. Abraham Dowdney, 

whose career will be the subject of my brief remarks, was stricken down 

without warning or apprehension, on the evening of December 10, while 

entering the house of his sister in New York. city. His death, though 

very sudden, found him not unprepared. He was identified with the 

Catholic Church, and devoted himself to his religious duties with characteristic earnestness and zealous devotion. It was only on the day 

previous to his death that he bade me good-bye on the floor of this 

House feeling in good health and cheer, and started for his home to attend to private matters needing his attention there. 

The next morning I was apprised by telegram of his death. Thus 

"in the midst of life we are iu death,:' and none of us upon our brief 

pilgrimage here below can lift the veil which closes out the ''unknown 

realm" where the king and the serf meet upon an equal basis; from 

whence the Reaper cometh with his scythe to cut down his weeds and 

his flowers. 

But one fact we all know, our hour must come, do what we may to 

ward off the mysterious touch which stills forever all joys, all sorrows, 

all strifes, all conflicts, all hopes, and all earthly aspirations. Amid 

this stern truth we realize a nameless comfort in the thought that everything passes away-the stars, the dust, and the granite rocks; bot, as 

Bulwer beautifully expresses it, 

To rise upon some fairer shore, And bright in Heaven's jeweled crown •ro shine forever more. 

Mr. Abraham Dowdney was born in Ireland, and came to this coun- try when quite young. After finishing his studies in \he public schools 

of New York he apprenticed himself to a plumber, and mastered his 

trade at the early age of nineteen years and embru:ked in business for 

himself. Impelled by duty to espouse the cause to which he adhered, 

he left his home and business to face the dangers, trials, and privations of war. Assun;ring the responsibilities devolving upon a captain, 

he proved an efficient, brave, and praiseworthy officer. Alwaysscrupulously careful of the feelings of others, even at the sacrifice of his own 

feelings and interests, he made firm friends wherever fickle fate chanced 

to cast his lot, irrespective of the congeniality of. clime or the people 

with whom he was thrown in contact. 

A few years after his return from the army Mr. Dowdney was mar- ried to Miss 1\Iary E. Crimmins, sister of John D. and Thomas E. 

Crimmins, the well-known contractors in New York city. She died 

eight years ago, leaving two interesting children; two years later he 

married Miss Lellie Purcell, daughter of Dr. John Purcell, formerly of 

the Seventh ward, New York city. The fruit of the second marriage 

was four boys. The widow and all the children survive him. 

Mr. Speaker, it is my privilege and duty as the friend and associate 

of Mr. Dowdney to say he possessed the keenest sense of honor, which 

word, in its fullest acceptation, means the reflection of a man's own 

action shining like the sun in the face of all about him and from thence 

rebounding upon himself. 

Hence, it is my sacred duty to publicly proclaim the virtue of him 

who in Ufe was the builder of his own name, and who, upon being 

taken away by relentless death, left behind him a monument of deeds 

more lofty than the proudest gifts known to the books of heraldry. 

In 1881 he was selected to become school trustee in the Nineteen.th 

ward of the city of New Yor],r, which position he occupied in so satisfactory a manner as to give unanimous approval; unsought and unsoUcited be wa.s prevailed upon to accept the nomination and election to 

the Forty-ninth Congress. 

He was the candidate of all factions, and was selected to harmonize 

the conflicting elements within his party. 

Moulding his opinions into such shape as to give offense to no man, 

showing in every action the magnanimity of an expansive mind onshadowed by prejudice, guile, .or malice, he attained the highest bon· 

ors it was within the power of his constituents to bestow as au acknowledgment of his worth. The strife and turmoil of public lite was uncongenial to him. His delicacy of feeling and extreme modesty suf· 

fered at every turn in conflict with selfish politicians who were more wordly wise than he, yet not more ardent in purpose. He_ therefore 

declined a renomination to the next Congress, hoping after this session 

to pursue the even tenor of home life in the midst of a happy family, 

when, suddenly, in the zenith of his manhood, God saw fit to close his 

Mr. Dow<lney's life critically reviewed leaves no trace of uncertainty 

in the minds of those who knew him. He was prepared to be led by 

the shadowy hand into the presence of the never-erring Judge. 

All that breathe 'Vill share thy destiny. The gay will laugh When thou art gone, the solemn brood of care Plod on, and each one as before will chase 

His favorite phantom; yet all these shall leave 

Their mirth and their employments, and shall come And make their bed with thee. As the long train 

Of ages glide away, the sons of men, 'The youth in life's green spring, and he who goes In the full strength of years, matron and maid, The speechless babe, and the gray-beaded man- Shall one by one be gathered to thy side, 

By those, who in their turn shall follow them. 

.ADDRESS OF MR. VIELE. 

Mr. VIELE. Mr. Speaker, the announcement of the sudden death 

of our lamented friend and a~ociate, Abraham. Dowdney, was received 

with feelings of utter incredulity; and even now it seems almost impossible to fully realize the tact that he has passed forever from the scenes of busy life, in which he took such an active part. He was in 

the very prime of life, and a wide fielcl of usefulness and honor was opened out for him in the future. He was a type of many of our 

worthy fellow-citizens, who, born in aforeigu lanu, came to this country 

in their boyhood, and growing up under the auspices of our free institutions, have given to the home of their adoption a love and allegiance so true and loyal as if it were their birth-place. 

His life was one of' uninterrupted activity; with eamest and untiring effort he trod the paths that lead through industry to compet-ency, 

and yet not forgetful of his obligations as a citizen he gave a large portion of his time gratuitously to the duties of an office of the public 

schools. On the breaking out of the war he organized a company of 

soldiers, and at a large pecuniary sacrifice left his business and went 

into the field. 

The loyalty to his country thus promptly shown was the key to his 

whole character, for he was loyal and true in every relation of life. 

Representing so far as individual possessions are concerned the wealthiest constituents in the United States, hi~ personal feelings were nevertheless absorbed by the interests of the poor. 

None among them ever appealed to him in vain. The circumstances 

which brought him to the House of Representatives were not of his 

seeking. He accepted the trust as be would perlorm any other duty, 

simply because he considered it his duty. He never sought or desired 

the applause of the multitude, nor did he expect to receive through 

popula1: plaudits any return for the services it might be in his power 

to render to his fellow-citizens. A man of innate morlesty 9f character and demeanor, he felt much more the responsibilities involved in 

holding a public position than of any honor it might bring to him personally. All who remember him on this floor will recall his earnest 

attention to every subject under discussion. 

His opinions were formed on a careful examination of the questions 

at issue, and they were generally characteristic of a mind that con- scientiously weighed all the facts presented, and decided only after mature deliberation, and when his conclusions were once arrived at they were unalterable. U nobtrosi veal most to diffidence, he lk'\d no false as- pirations or selfish ambition, and yet no Representative poss~sed 11. 

warmer regard or a greater degree of confidence among his constituents 

than Mr. Dowdney had secured for himself through the sterling traits 

of character that belonged to him. No one could doubt this who saw 

the multitude that gathered in the great cathedral of the metropolis on the occasion of his obsequies. 

The vast temple was filled with mourners, whose illy suppressed feelings testified to the sincerity of their sorrow. It was indeed au impressive scene. The softened rays of varied light that poured through 

the limned windows, the solemn requiem from the deep-toned organ, 

the priests in their robes of sanctity, the long procession of acolytes, 

the burning tapers, the incense from the golden censers, all gave testimony that the plain and unostentatious man was as much to the church as the highest and most conspicuous in the land. And that church re- ceived his remains with the deepest lo•e and veneration, to be cherished and remembered in its daily intercessions so long as prayer shall 

be offered to the Throne of Grace and Mercy, and so shall we, his friends 

and associ::l.tes, keep his memory green. 

His generous nature and kindly disposition can not soon be forgotten. 

He has gone before, but is only waiting for us to follow, waiting where 

the angels wait, beside the shining river. ::M:ay we all hope to leave 

behind us as kindly remembrances, unalloyed save by sorrow andregret. 

career on earth. Mr. WILSON. llr. Speaker, when these memorial services were ap~ 

Each man was sent into the world to do his own work; to bear his pointed by the body, the Hon. AbramS. Hewitt, of New York, was a own burdens; to form his own principles; to maintain the laws of God, member of the Honse. Expecting to withdraw to :in other field of pub- and respect the laws of man. Oar deceased friend wa,s not only a God- lie labor before the arrival of the day set for these services, be asked 

fearing man but a philanthropist. Truth is violated by falsehood, and and obtained permisbion to submit in writing at this time some re- it may be equally outraged by silence. So the highest praise that can marks in honor of his late colleagues. Those remarks he has placed in 

berawarded in this case is simply to s:1y he was an honest, upright, and \ my hands with the request that I should read them for him to-night. 

just man. It is to me a gratification to comply with this request, not only out of 
1887. CONGRESSIONAL RECORD-HOUSE. 1529 

deference to the wishes of .Mr. Hewitt, but because of my very sincere 

respect for the memory of those whom his remarks commemorate. 

ADDRESS OF HON. AllR.A.ll S. HEWITT. 

The fact that within a brief period three members of the New York 

. delegation have been stricken down by death, Ulld that they all belonged 

to the same political party, naturally arrests attention, and appeals to the 

ima¢nation as something out of the usual course of nature. With the 

exception of Lewis Beach, no one of these members was a man of conspicuous mark in the House, but they were all greatly respected, and, so 

far as they were known, beloved by their immediate associates. In regard to .Mr. Bea-ch I shall have but little to say, because I am informed 

that his career and his services will be fully recounted by other members; but I do desire to say in regard to him that he was a thoroughly 

honest man, who not only had convictions but the courage of his convictions. He had carefully matured his opinions, and with him it was a 

matter of conscience to a-dhere to what he regarded as the very truth, 

without turning aside for expediency or temporary success. It has been 

thought that his range of statesmanship was too narrow for the broad 

.field of duty spread out before the House, which is to determine the destinies of the country, and to deal with questions of the greatest interest 

of this and succeeding generations. I think that Mr. Beach, at times, 

tonnd his principles in conflict with the immediate interests of his constituents. When he was thus embarrassed he never failed to make clear 

what he regarded as the sound view for the whole country, but he usually cast his vote so as to represent the wishes of the people who sent 

him here. This conflict of conviction with the duty which a Representative undoubtedly owes to his district often detracted from the weight 

which his opinions otherwise would have had with the House. 

Again, he thought that the rules of the House were sufficient for the 

conduct of its business, and that the public interests would better be 

subserved by a rigid maintenance of the rules, with only such exceptions as were made necessary by unforseeable contingencies. His habit 

of objecting to the suspension of the rules was therefore founded upon 

an opinion deliberately formed, that in this way he could best serve 

his people and the country. Through his long term of service he 

was most diligent in his attendance on the House, and all would 

a-dmit that he cast his vote and his influence from motives of the highest honor, so as to preserve a conscience void of offense. 

Thedeathof Mr: Arnot had beenforsometimeexpected byhisfriends 

and neighbors. He was a man of very different type from Mr. Beach, 

not Iesshonorableand conscientious, but more inclined to a-ccommodate 

himself to surrounding circumstances and the immediate demands of 

the hour. Although allied with the Democratic party, the tie which 

bound him to it was not of principle so much as a conviction that in 

the long run the Federal Government would be more economically and 

purely administered by the party which had finally given ·1t shape and 

dire~tion. The condition of his health naturally interfered with his 

regular attendance in the House, so that he may be said not to have 

possessed or exercised any substantial influence in reference to legislation. On critical questions dividing the parties he was as apt to be 

found on the one side as the other, and hence he came to be regarded 

not so much a part~n as a fair-minded man who could be relied upon 

to do what was expedient at the moment and trust to the future for a 

more permanent policy. His popularity in his own district was without limit, and it is a striking evidenee of the personal regard in which 

he was held in this House that his presence at rare intervals diffused 

a. genial sunshine, tending to remove the asperities of party differences 

and to bring about that· era of good feeling which in the main has been 

so remarkably preserved in the Forty-ninth Congress. The memory 

of Mr. Arnot, as well as that of :Mr. Beach, will therefore lol)g be held 

in great respect by the members of this ,House who had learned to know 

,. their virtues, and who had found in them only those faults which are 

incident to the personal character of every member. 

I propose to en I er into the career of Mr. Dowdney a little more 

at length, because of the three members he was the least known to 

his associates in the House, and his modesty ha-d kept him from showing the sterling qualities of mind and heart which made up a manly 

and admirable character. To me personally he was unknown until 

after his election to Congress. At first I was disposed to wonder why 

a man of such quiet and reserved temper and habits should have been 

selected for a position which requires force, courage, and intellect; but as I came to know him better, I saw that he possessed a solid stratum 

ofsound sense which could be relied upon in every emergency to lead 

him to a sound decision and to honest action. I think his peculiarities of chara-cter were largely due to the influence of a good mother to 

whom he was passionately attached, and for whom his love and respect 

increased to the last hour of his life. 

Abraham Dowdney was born in Youghal, in Ireland, the native 

place of his mother, in the year 1840. He was the son of an English sea 

captain, a man of some means and of great energy of character. His 

father's family had long lived at Topsham, in England, but his mother 

. continued after her marriage to reside in Ireland, where the family were 

born. When he had reached the age of eight years his father met with an injury at sea, which resulted in his death within two weeks after being 

landed at the nearest port in England. There were four children of 

whom Abraham was the eldest. They remained in England for several 

months, in order to settle up the modest estate of the father, but when 

this was accomplished Mrs. Dowdney returned to Ireland, where the 

family resided until Abraham was thirteen years old. He passed the 

interval at school, where he seems to have been a diligent student, and 

to have shown, not only great fondness for books, but a general intelligence which made him a favorite with the officers of the garrison 

stationed at Youghal, so that they often made a companion of him in 

their little excursions, and doubtless gave him larger views of the 

world than he would otherwise have possessed. He lived in a romantic 

country, the home of the Desmonds, made famous by song and tr-.a.dition, and :filled with the scenes of many a hard-fought conflict. He 

had a taste for nature, and wandered among the hills at his own free 

will, developing that honest spirit which never deserted him through 

his subsequent career. 

An illustration of his personal self-reliance is to be found in the fact 

that, having fallen from a tree and broken his arm, he went directly 

to the doctor and had it set and properly bound up, and then returned 

to his home, saying nothing to his -mother as to what had happened, 

so that she first learned of the accident by the inquiries of others who 

knew how the boy must have suffered. At the age of twelve he calmly 

signified his intention of going to America to seek his fortune. His 

mother was quite willing to a-ccommodate herself to his wishes, as she 

had a brother residing in New York, who was anxious that she should 

join him with her little family, and especially with the bright and intelligent lad who had not only made himF:elf beloved by his companions 

but had shown a spirit of self-reliance in action and in argument which 

gained the respect of those who were older than he was, and who foresaw the success of the career upon which he was a bout to enter with an 

honest soul, a clear head, and with hands ready to turn themselves to 

any work that might come for them to do. 

His self-reliance was made manifest even in the embarkation of his 

family at Liverpool, so that the captain remarked that if he had been 

twenty years of age he could not have shown more judgment in the 

management of the troublesome work of getting the family and their 

possessions on board the ship. On the voyage over, owing to a careless 

accident, a fire broke out on board the ship, which our little emigrant 

was the first to discover and to give the alarm. When help ultimately 

came, he was found stamping· ''for all he was worth " on a piece of 

tarpaulin which he had thrown over the flames. The captain and the 

officers were immensely gratified, praised him highly, and told him that 

he was, as he had proved himself to be, a brave boy. 

This event made such an impression that the officers, when they came 

to New York on subsequent voyages, were in the habit of calling on 

the family and of ascertaining how their little protege was making his 

way in the world. He was soon apprenticed to a plumber, 'but after 

working at the trade for about a year he became dissatisfied and told 

his mother that he was tired and disgusted with the business. She 

immediately made arrangements for his release, and for several months 

he seemed to have passed the time in studying the city and in solidifying his constitution, which doubtless had been weakened by rapid 

growth, accounting for a spirit of lassitude which induced him to give 

up his tra-de. Meanwhile he kept up his rea-ding and employed his 

active mind in making inventions which may or may not have been of 

some value. 

But the one conclusion at which he arrived was that if he had $300 

in cash he could buy a house and lot in Harlem for his mother to live 

in. He got some employment in a lock factory in Brooklyn, but at 

last1 with that tenacity of purpose which characterized him under all 

circumstances, he calmly decided to complete his apprenticeship at 

plumbing, at the old shop and with the old master, because, as he said, 

he had not finished the contract which he had made. 'As soon as his 

time was out, at the early age of seventeen years, he opened a shop 

for himself and prospered so well that he was able in a short time to 

furnish a little home in which he installed his mother, so that once 

more the household was reunited. 

At this time, just as his business may be said to have been firmly 

established, the civil war broke out and appealed to all the enthusiasm 

and patriotism of his manly nature. He proceeded toraise a company, 

and was chosen its captain at the age of twenty-one years. He gave 

two years of diligent and honorable service, when he felt that his duty 

to his mother and her family required him to return to New York and resume his business. In this he was -successful, enlarging it very rapidly by transactions in real estate and in building, which brought him 

fame as well as profit. He was school-trustee for four years, and for 

two yearP was chairman of the local board. In 1884 he was elected to 

Congress by an overwhelming majority, and thus we came to know him. 

This is not the record of a verv eventful life. In truth, hundreds of 

men of equal merit live and die Without calling for any special eulogy. 

But there is enough in this life, simple as it was, for the purpose which 

we have in view. It was indeed a manly life, He asked and received . 

no favors from fortune. As a boy be early realized that there was 

work for him to do, and he prepared himself for it as well as he could . 

He saw that the world was full of opportunity. He did not ask for 

charity, which now often it is the fasbion to miscall justice, bu~ he 

sought for himself an opportunity for a display of the energy and the 
1530 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, 

intellect and the ambition that firedhis soul He did not seek success 

by 1hlsehood, by fraud, or by the betrayal of trusts. He did not think 

that the accumulated wealth of the world belonged to him, but he did 

think that its existence <>ffered an opportunity for him to acquire his 

fair 'Share of it by work and brains. It is curious to observe how e..'lSy 

it seems to have been for him to get the means of livelihood, and to 

pass from one stage of fortune to another until he had acquired enough 

for all his wants and of those who were dear to him. 

To accomplish this end he did not think it nece..."Sary to cause others 

to refrain from working; but, instead of putting obstacles in the way 

of honest labor, he was diligent to search out and open for himself and 

others the pathways of industry so that Jabor might have its just reward. The equitable distribution of wealth (!Rme easy to him, because 

he :recognized the primal law that man must gain his living by the 

sweat of his brow and that upon himself chiefly depends whether his 

\ 

youth of the land. It may encour.1ge the toiler in every pursuit to de- serve success and to win it. 

His last rites were solemnized with all the circumstance of his church 

in the grand cathedral of his adopted city. We paused at his bier 

while pleasant memories banished saddened thoughts, nnd then committed all that was mortal of .Abraham Dowdney to the silent tomb~ 

Th.ere may it peacefully rest until the end of time. 

We, too, will go over the rlver of rest, As the strong and the lovely before us h:t\e gone; Our sun will go down in 1Jlebe!l.u.tiful west, To rise in the glory that ch·cles the Throne. 

Until ihen we are bound by our love a~d our-faith To the aaints who are walking in .Paradise fair; 

They ha,·e paased beyon-d sight; at tbe touching of death, But they live, like ourselves. in God's infinite care. 

labors shnll be crowned with success or failure. Sueh a man is in the .ADDRESS OF 1\IR. WILLIAN s. HOL1UA..N. 

nahtre of things a thorough gentleman. He 'knows no meanness, he 

seeks no sharp advantage, he strives to help and not to hurt his neigh- Mr . .HOLM.AN. Mr. Speaker, I becam~acquainted withldr. Bench 

bor, he gives freely of his substance for good works, and he never is in soon .after he ente:redQmgress. He was a modes~ unassuming gentledoubt whether a promise once given is to be kept, '"'for though he man, and during the earlier period of his <Jongressli>nal experience not 

promise to his loss he keeps his promise good." inclined to take a ~•ery active part in the -current business of the House, 

I was very much interested in this simple, straightforward, and manly but from the beginning he manifested a lively and earnest interest in all 

soul. We parted in the House for the last time with a shake of the matters of legislation, and became at nu early day one of the most 

hand, during whir.h I said to him, ~'Dowdney, you are a good .:frienrl ~oilant and attentive of the members. It was soon apparent that Mr. 

and a. true man~ " I can arld no higher testimony now to the feeling Beach as a legislator wns fully imbued with the principles in governin which l hold his memory, and I can only 'Say, ''Good-bye, good ment common to the :school of Democratic politicians of the earlier 

friend! Yon will never be forgotten by those who sounded the length period of·our political history. 

and breadth and depth Qf your noble soul!" It wasapparentth::tt he drew from :the tea'Chlngs"Df .fefferson .his opin-

.A.DDRESS ~F MR. sc.n...u..:roK. , ions as ro the scope and domain of 1l. republic. He believed that a plain and frugal go•emment, securing protection and just.i\!e to nll 

Mr. SCRANTON. Sudden death has its terrors for the living~ but men, m1d leaving all else to the energy and unrestricted tJnterprise of 

is merciful to its victims. .Such was the mortal end (}f (}ur ~ociate, the people, was the best political system tlmt human intelligence could 

.Abraham Dowdney; stricken down in the prime of manhood, without devise. Mr. Beaeh was severely consistent in his eourse as a legisw.arning, at the threshold of one of his family. The startling intelli- lator with this theory. His sympathies were uniformly with the peogence sent a shudder through this House on that chill morning early ple. He resisted with earn€Stness and fidelity -every encro:rehment of 

in December, for he had been with us only two days before apparently eorpomte power or concentrated wealth on indi-vidual rights and sought 

in robust health. But while his life work was cut <>-if .at the untimely to limit the expenditures of the Government to the uctual .requireage of forty-six years, its :record is complete :md admirable. The brave, ments rof the j>ublic service, leaving nothing for splendid embellishhonest, .ambitious spiri~ of the lrish lad who landed <On 'Oar shores .at ment or to tempt the cupidity of the llllSCrtlpulous. 

thirteen years of .age developed int{) the successful -business man, the , Mr4 .Beach was a courteous, cheerful, aml pleasant gf!ntleman, depatriotic and useful citizen, the honored ReJJresentativeofthe wealthiest vo~d to his interesting family, fond of society~ and anxious to enjoy 

constituency in the country. friendly and pleasant :relations with thosearonndlrlm,and m the main 

Abraham Dowdney was emphatically a self-made man, and in his his relations with gentlemen :in this Hall and on botlusides of the House 

great success, financially, ·socially, and J>Olitically, illustrated .eonspicu- were tJoroial.nnd pleasant. Yet these social qnalities-were made subo:ronsly the possibilities of achie-vement to the .American citizen. .As proud dinate to his sense of public duty. He believed that any tendency in 

as is the "distinction 'Of AmeYican citizenship to-day, each succeeding . Congress tO loose _methods of legislation, especially in a})propriations 

decade will .add to its luster. The English·speaking people are to rule from thepublictreasury, was fatal to economy in government. .Hesaw 

the world) and before the next century completes its first half a ma- that much of our legislation, especially in pri-vate bills involving the 

jority of the English-speaking people on earth will be included in the expenditure of the public money, .rested on the courtesy of unanimous 

population of the United States. ~ great as are the possibilities of ·consent, in which the objection of a :single member ~ed to be an 

the present, as great as they have been m the pastJ they are to be greater .act .of personal discourtesy to the gentleman moving the measure. 

for the American of the fu tu:re. . Whoever does not realize his ambition He que.:.""tioned this method of legislation as a 'Surrender 'Of the duties 

must look within himself for the controlling cause. of the Representative to the demands ofkindly reln.tio:ns between genllfr. Dowdney gave to the land <>f his adoption his entire allegiance, tle:Il:Wnin dn.Hyintercourse with each othex:, and at a later -period in his 

and contributed more than one man's share to the prosperity of its in- · service in this House sought to restore the methods of :actual legisladust:ries and its material ·advancement. .A widowed mother brought tion. It must be .admitted that in attempting to arrey lOUt .his views 

him here and -ear~fully wst~ed and trained his boyhood, pl~e~g ~m in this respect Mr. Beach, while arousing an~ao:nism on every hand, 

for several years m the public schools) subsequently apprenticrng him bore himself ceourteonsly, bravely, .and well. No man ever nttempted 

to a trade. In his after life he was activel_y interested in ·edn.cational a reform, especially in methods of legisL.·1.tion, however . .supported by a 

matters, officially ?onnected with the public schools of New Y?rk, a-nd sense of duty, without encounteringunpleasantincidents, and at least, 

a patron (}f parochial schools. He early became master of his tradeJ partial disappointments. Yet I am sure that M:r~ Beach, who .mani1mS a large employer of workmen, and .amassed great wealth. festly was :ne'le:r actuated by ai:lY ·other motiv~ than a sense of public 

The outbreak <>f the rebellion found Dowdney at the age of twenty duty in his effort tG secure legislative reform, wnen he left this Hall 

prosperously started in business. With warm patriotic purp~ com- never to return left it with only kindly feelings in his heart toward 

mon to Iris?:~ .American citizens, h.e abandoned tradeand~nlis~ foy the all the members of this Honse, nnd I -am 'Sure that all gentl~men here, 

war, orgamzrn~ a coml?any of whic~ he ~s ele~d ~J>tam. His noble even those who questioned most his methorls of legislative reform, re- spirit was manifested m the follow~g lin.es to his S1Ste:r on November call to mind Lewis Beach with feelings of kindness, and concede to him 

20J 1862, from the headquarters of his reb"lment at .Fort Halleck: integrity of purpose and the honor of a manly effort to carry his vi-ews 

.Banish aU fear from your mind. Think I am absent engaged in the cause-of ofpublie duty into effect. 

tha-t country and Governmenttha.t:madeaman of me, -and which I feel in duty I knew Mr. Beach well during the period of his service in thisllill. bound to stand by in her need. He honored me with his confidence and often consulted with me on 

Mr. Dowdney was possessed of enlarged and liberal views, and ba.d public measures. I can, therefore, speak with confidence of his charthe courage to enforce his convictions. lle was a man of affairs, of acler as illustrated by his career in Congress. While he was not a 

keen perception, and excell.entjudgment. .Eminently practical, always great leader or superior in statemanship he was a valuable member of 

successful and influential, he was not charmed by the glamour of Con- this House. He was a fearless and manly .repre...c:entntive of the people. 

gressionallife, and early in his .first session determined to leave it. He No temptation could shake his integrity. He was animated by an 

was of a :retiring nstme, and consequently well known to but few of earnest desire to promote the public good, and the :record he made in 

our membership. He was ~ good counselor and .a wise legislator, rep- this Hall will bear, for all time, enduring e-vidence of the fidelity and 

resenting an unobtrnsi >e., experienced business element, of which it singlene.'!s of pnrpose with which .he. fulfilled the high d n ties of a reprewere better for the country were Congress more largely composed~ My sentative of the people . 

. committee duties br ought me into close personal :relations with him, J.fr. Speaker, I wish to speak a few words of another distinguished 

and I am gratified to bear testimony to his worth .and purity of char- member of tbis House from the State of New York, John Arnot, jr., 

acter. During our brief .aeqruri:ntanee I concei-ved a high regard for t.o commemo:rate whose memory also is the duty of this hour. 

him, and in his death I moUI'U the loss of n. Tal:u.ed .friend. When Mr. Arnot first eame into this H.all on the opening of the ForThe 1egacyrof such a life is better than silver and gold; it may well ty-'eigbth Congress nuincident occurred illustra.tiveofhisgenerousand 

be emulated1 not onJy by the family of boys he has left, but by the kindly nature. In drnwrug seats, :a subject of great interest to mem-
1887. CONGRESSIONAL RECORD-- HOUSE. 1531 

bers, it was Mr. Arnot's good fortune to draw a seat I had long occupied, 

favombly located, while I was thrown into the extreme southwest corner of the Hall. Mr . .Arnot refused t~ take my seat and quietly took 

possession, whether I was willing or not, of the remote seat I had been 

compelled to select. You, gentlemen, more than those unaccustomed 

to the Hall, will appreciate the unselfish generosity of this act. 

But I soon learned that generous and kindly acts were common to 

Mr . .Arnot. Many I could recall. I will mention one only. A poor 

boy, feeble and deformed, but bright and intelligent, was occasionally, 

by the kind permission of the officers of the House, allowed to sell 

newspapers at the doors and occasionally when it was raining to come 

inside of the corridors. This poor boy soon attracted the kindly attention of Mr. Arnot, who, learning something of the boy's history, gave 

him the handsome sum of $50, and laid the foundation of the boy's 

fortunes; the little fellow when speaking of :Mr. Arnot can never keep 

the tears from his eyes. · 

1\Ir. Arnot, long in feeble health, was seldom able to take an active 

part in the business of the House; but as a good nnd just man, a 1..-ind 

:md generous gentleman, a wa.rm, courteous, and steadfast friend, Mr. 

Arnot will always be remembered with kindly affection by his associates in Congress. 

The other honored citizen of New York, 1\fr. Dowdney, late a member on this floor, whose death is deplored and whose memory we seek 

to honor, was les3 known to me than either of the other gentlemen 

named. I only knew him as a useful and well-informed member of 

the House, a pleasant gentleman, faithful to his public duties. Others 

honored with a more intimate acquaintance with him have spoken his 

eulogy in fitting words. 

ADDRESS OF MR • .AD.A..r.IS. 

Mr. ADAMS, ofNewYork. Mr. Speaker, itis befitting on an occasion 

like this, de•oted to a commemoration of one of our dead colleagues, 

that those who knew him well should bear some testimony to his life 

and character. 

It is not my purpose to pronounce any extended eulogy over Abraham 

Dowdney, but, from a. knowledge derived from the close social relations 

of years, to say a few simple words expressive ~f my love and respect 

for the man whose tried worth, whose genial character, whose warm 

heart and generous friendship endeared him to all who knew him living, and forces us out of honest truth to pay tribute to his memory 

when dead. 

Born in Ireland in 1840, coming to this country at the age of thirteen, 

he was obligoo, after o. few years attendance at the public schools, to 

embark on his life's voyage. 

It is to be remarked that. with but a scant edumtion, with no .social 

or financial backing, with nothing but the resources of a strong purpose and an honest heart, he quickly won among his equa1s both name 

and position. 

Though attached to the land of his birth, from which an oppressive 

and tyrannical policy had driven him, he always displayed the keenest 

interest in all that affected the honor or welfare of his adopted country. 

When the tocsin of war that he believed affected the perpetuity and 

integrity of his adopted country sounded his ardent spirit led him to 

enlist in the cause of the Union and against slavery. 

But twenty years old, he gave up a business but just established and 

on!anized Company C of the One hundred and thirty-second New York 

V ;lunteers, and as captain of that company he served with distinction 

during a period of three years, thus adding another to that list of gallant 

men who demonstrated at that time that although of foreign birth he 

could still be a patriotic American citizen, and, if needs be, to prove his 

patriotism, willingly risk his life. 

He gave many evidences of this during the war, but the tenor of his 

thought may be gleaned from asingleletter sentfrom the headquarters 

of his regiment at Fort Halleck, to his.sister on November 30, 1862: . 

Banish all fear from your mind. Remember only that I a.m. absent, engaged 

in the ca. use of that Government and country that has made a man -of me, and 

in defense of which I feel in duty bound to stand in this her hour of need. 

After an honorable discharge from the Army he left the scenes of 

blood and carnage and returned to the more peaceful and congenial 

pursuits of life. 

As a contractor on a large scale, many of the largest public works in 

the city of New York bear testimony to-his energy, skill, and success. But not only did be achieve -success as a contractor and builder, but 

ns n. man of rare financial ability; he made his mark as president of _the 

Ball's Head Bank, which, after an unprecedented career of prosperity, 

became apparently hopelessly involved~ and to extricate which institution from its troubles Mr. Dowdney was selected by the unanimous 

choice of directors and depositors. 

He so managed its affairs as president that after an administration 

of two years he paid all depositors in full and netted ro stockholders a 

fair proportion of their capital. 

Untiring in his energy and desire to serve some good .cause, he was 

scarcely free from his labors as bank president when he assumed the 

ard nons duties of chairman of the bon,rd of trustees of the public schools 

of the Nineteenth ward, which position be held until his death: 

Kotwithstanding his large business interests, so impressed was he with 

the ad vantages of that education which his necessities had deprived him 

r_;J, that without pay he devoted some of the best years of his life to re1orming and elevating that system upon which so much of the honor 

and continued prosperity ofour country depends. 

All honor, then, to one who, amid the toils, the cares and the excitements of a season of struggle, would rescue the golden honrs of the yo nth 

around him from debasing pleasures and more ctebasing sloth, and enable them. to set to the world in a great crises of its moral condition the 

glorious example of intelleetual courage and progress. 

Such in brief was the public career of the representa.tive of the 

twelfth Congressional district when he entered as a member of this 

House. 

Is it to be wondered at that he was selected to represent one of the 

largest and by far the richest Congressional district of the United States? 

Quiet and unobtrusive in his manner, with no ambition to shine as 

an orator, he ca.me prepared to do his utmost iu accomplishing whatever was demanded of him in promoting the glory and wel.fure of his conn try. 

Though not well known by all the members his record ns a member 

of this House, as observed from his punctual presence at all sessions of 

the House and committees, is a splendid one. 

And thongb. this House lost a most valued member, what a tribuhtion his death has been to his family and friends. 'V e from New York 

who enjoyed the benefit of his sound judgment, his close social contact 

and generous friendship, have indeed a sad duty to peiiorm. Never 

shn.ll we forget his memory. 

His gentle bearing, his warm friendship, his genial smile, and noble 

heart have produced on all who knew him feelings and memories that 

will defy the march of tilp.e. 

Fortunately his life and character need no commemoration of mine, 

for Abraham Dowdney himself lived long enongh to see both crowned 

with undisputed and unenvied honors. 

His sad and sudden death brought to a close a successful life. Today we bear tribute to the qualities of head and heart which, while 

living, made him a model husband, father, friend, and colleague, and 

which, now that he is dead, will cause us to sincerely mourn his loss 

and treasure his memory as we would the recollection of a beaut.iful 

dream. 

The life has gone, the breath has fled, 

And .vhat ha.s been no more shall be, 

The well-known form., the welcome tread~ 

0 where are they? And where is lle? 

1'1Ir. TIMOTHY J. CAMPBELL. I now move the adoption of the 

pending resolutions. 

The resolutions were unanimously adopted; and in accordance therewith the House (at 9 o'clock and 30 minutes p. m.) adjomned. 

PETITIONS. ETC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rnles, and referred as follows: 

By Mr. "BLAND: PetitionofThomasS.Parkes, forrelief-totheCommittee on War Claims. 

By Mr. BUTTERWORTH~ Petition of property owners on Meridian 

Hill, suburb of Washington, D. C., for an appropriation to grade streets, 

lay sidewalks, &c.-to the Committee on the District of Colruribia. 

By Mr. CAINE: Petition of citizens of Provo City, Utah County, 

Utah, asking for th-e passage of the Hatch experiment-station bill-to 

the Committee on Agriculture. 

By Mr. CURTIN: Petition of citizens of Curtin County, Pennsylvania, for reduction of revenue taxes-to the Committee on Ways and 

l\Ieans. 

By 1\:Ir. EDEN: Petition of William Gough, and others, of Bethany, 

ill., in favor of the passage of Sena,te bill 1636-to the Committee on 

the Post-Office and Post-Roads. 

By Mr. FORNEY; Petition of Alfred L. Tyler, Samuel Noble, F. 

M. Hight, and 95 others, citizens of Calhoun County, Alabama, praying 

for reduction of internal taxes-to the Committee on Ways and 1\Ie::tns. 

By Mr. GIBSON: Petition of John A. Harmon, of Putnam County, 

West Virginia, praying that his war claim be referred to the Court of 

Claims-to the Committee on War Claims. 

By Mr. GROSVENOR: Petition of M. B. Cooley and others, of Buchtel, Ohio, in favor of Senate bill1636-to the Committee on the PostOffice and Post-Roads. 

By Mr. MILLARD: Petition of the Sarsfield Club, of the Garryowen 

Club, and ofthe Hamilton Rowan Club, of .New York city, apposing the 

so-called extradition treaty with Great Britain-to the Committee on 

Foreign Affairs. . By Mr. PARKEH.: Petitioncfthe Sarsfield Club, of New York city, 

asking fo:r the rejection of the so-called extradition treaty with Great 

.Britain-to the same committee. 

By Mr. PEEL : Petition of Walker, J ohn.son & Co., of l\ladison 

Connty,Arkansas,tohaverefundedinternal tax.esimproperJycollected--.. 

to the Committee on Ways and 1\Ieans. 

By Mr. PERKINS: House concurrent resolution No. 20, of the Legislature of Kansas, asking for the legislation organizing the Territory 

of Oklaho-ma-to the Committee on the Terri tori~. 
1532 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, 

By Mr. PIND.A.R: Petition ofthe Sarsfield Club, ofNewYork city, 

opposing the so-called extradition treaty with theBritishGovernmentto the Committee on Foreign Affairs. 

By 1\Ir. HEED: Memorial of E. G. Parker Post 99, Grand Army of 

the Republic, of Kittery, Me., in favor of the passage of the Mormon 

bill-to.the Committee on the Judiciary. 

By Mr. SPJ:UNGER: Petition of C. D. Timothy, of'Springfield, ill, 

in favor of House bill 9733-to the Committee on Ways and Means. 

By ltir. SWINBURNE: Petition of the Sarsfield Club and of the 

Garryowen Club, of New YOl'k city, opposing the so-called extradit10n 

treaty with Great Britain-to the Committee on Foreign Affairs. 

By Mr. J. M. TAYLOR: Petition of John T. Robeson, late United 

States consuln.t Beirut, for refund of money expended for clerk-hireto the Committee on Appropriations. 

By Mr. WHEELER: Petition of A. S. Shelton, of Lawrence County, 

and of Richard M. Skidmore, of Morgan County, Alabama, for reliefto the Committee on War Claims. 

The following petitions, praying for the E?nactment of a bill providin~ temporary aid for common schools, to be disbursed on the easis of 

ill)teracy, were severally referred to the Committee on Education: 

By Mr. HALL: Of 193 citizens of Washington, Mount Pleasant, and 

Winfield, Iowa. 

By Mr. HIRES: Of77 citizens of Camden, N. J. . 

By Mr. LYl\IAN: Of the Women's Christian Temperance Union of 

Dow City, Iowa. 

By Mr. O'FERRALL: Of269 citizens of Winchester, Va. 

By Mr. PAYSON: Of 110 citizens of Forrest, Ill. 

SENATE. 

WEDNESDAY, February 9, 1887. 

The Chaplain, Rev. J. G. BUTLER, D. D., offered the following 

prayer: 

PRAYER. 

Blessed be the G!}d and Father of our Lord Jesus Christ, who, aecording to His·abundant mercy, hath begotten in us a living hope by 

the resurrection of Jesus Christ from the dead to an inheritance incorruptible and undefiled, and that fadeth not away. 

Let the words of our lips and the meditation of our hearts be acceptable in Thy sight, 0 Lord, our strength and our Redeemer. And as we 

turn away.from theopen grave with sympathizing hearts may we e-ver 

be filled with the spirit of Him who is touched with the feeling of our 

infirmities, the great Redeemer, the conqueror of death, who liveth 

and reigneth forever. 

Inspire us, we pray Thee, with courage and with faith, as fi.·om day 

to day we meet the responsibilities and trials and temptations incident to thi'3 mortal life. Fill us ever with Thy Good Spirit, sanctifying Thy providences, comforting those who are in sorrow, 0 Thou 

judge of the widow and Thou father of the fatherless ones, enablin~ 

us to meet the duties of each day with courage, with fortitude, with 

faith, and with patience, so serving our generation that when we shall 

fall asleep we may enter upon the everlasting rest. Blot out all our 

transgressions, and grant us grace and peace. Our Father, who art in 

in heaven, hallowed be Thy name; Thy kingdom come, Thy will be 

done upon earth as it is in heaven. Give us this day our daily bread. 

Forgive us our trespasses as we forgive those who trespass against us. 

Lead us not into temptation, but deliver us from evil; for Thine is the 

kingdom, the power, and the glory, for ever and ever. Amen. 

THE JOURNAL. 

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

DEATH OF SENATOR LOGAN. 

Mr. CULLOM. 1\Ir. President, I ask leave to introduce resolutions 

at this tima. 

The PRESIDENT pro tempore. The Senator from lllinois presents 

resolutions, which will be read. 

The Chief Clerk read as follows: 

Resolved by the Senate, That as an additional mark of respect to the memory of John .A.. Logan, long a Senatorft·om the State of I11inois, o.nd a distinguished member of this body, business be now suspended, that the friends and associ- ates of the deceased may pay fitting tribute to hL<~ public and private virtues. Resolved, That the Secretary of the Senate be directed to communicate these 1·esolutions to the House of Representati'i(es and to furnish an engrossed copy of the same to the fami\y of the deceased Senator. 

1\Ir. CULLOM. 1\Ir. President, for the third time within a. year 

we are called upon to raise our >oices reverently in speaking of our 

dead. For the third time within a year death has laid his icy finger on 

a brother Senator and beckoned him to the unknown realms of eternity. 

To-rlay we lay our tribute of love upon the tomb of Logan. 

Su:fl'e1·ing from a sense of personal loss too deep to find expression, I 

de pair of being able to render adequate praise to his memory. 

But yesterday, as it seems, he stood among us here in the full flush 

of robust manhood. A giant in strength and endurance, with a will 

of iron, and a constitution tough as the sturdy oak, he seemed to hold 

within his grasp more than the threescore years and ten alloted to man. 

No one thought in the same moment of Logan and death-two conquerors who should come face to face, ahd the weaker yield to the 

stronger. It seemed as if Logan could not die. Yet, in a moment, in 

the twinkling of an eye, as it were, •' God's finger touched him, and he 

slept." 

Almost without warning he passed from strength to weakness; to 

death and decay, from life pulsating with vigor to dare and to do. The 

physician's skill, the loving, agonized, devotion of those most dear, his 

own invincible will, were alike powerless to resist the approach of the 

grim destroyer who stole upon him ''as a thief in the night," and has 

given us another sqiking warning of the fact that " No king nor nation one moment can retard the appointed hour.'' 

John Alexander Logan was born on a farm located in what is now 

the town of Murphysboro, in Jackson County, Illinois, on February 

9, 1826. Had he lived until to-day, sixty-one years-eventful, glorious years-would have rested their burden as a crown upon his head. 

Life is a crucible into which we are thrown to be tried. How many 

but prove the presence of alloy so base that refining ''seven times'' can 

not purify. But here was a life generous, and noble, an open book from 

which friend and foe alike might read the character of the man. 

General Logan was the eldest of a family of eleven children. His 

father, Dr. John Logan, was born in the north of Ireland of Scotch 

ancestry, and came to this country early in this century. He first settled in Maryland and then in Missouri, afterward moving to lllinois 

and locating in Jackson County. There he met and married Miss Elizabeth Jenkins, who was a native of North Carolina, but came of a Scotch 

family. Dr. Logan was a man of marked characteristics, and a physician and surgeon of unusual skill. 

He was noted for his integrity, his sturdy independence of character, 

his devotion to his friends, and his recognition of the equality of all 

men who were honest and upright, without regard to their social 

position. His wife was a woman of determined courage, strong in her 

prejudices, who never swerved from the path she had once marked out 

for herself. The characteristics of the father and mother were conspicuously combined in the son, who owed his success in life lar~ely 

to the possession of the traits most prominent in the character of both 

his father and his mother. · 

The professional services of Dr. Logan were in such demand that he 

had little time to devote to the care of his farm or the education of his 

children, but he was an educated and studious man, and gave his 

children the best educational faeilities he could command. 

In those days money and schools were scarce in that new country, 

and the education of the youth was not considered so essential as it is 

to-day, but Dr. Logan managed to secure the services of a tutor who 

resided in the family and trained the children in the branches not 

taught in th~ schools of that day, including the rudiJ.D.ents of Greek 

and Latin. While young Logan failed to receive suchaclassical training as a college gives, he was eager and quick to learn, .and made the 

most of his opportunities. 

Reared upon a farm under such circumstances, his character was unconsciously molded and formed by surroundings similar to those which 

gave to Lincoln that strength and steadfastness which served him so 

well in later years. The men with whom young Logan came in contact druing his boyhood were generally without the refinements of life, 

but they were rugged, sturdy, and seli:reliant, of powerful physique 

and healthy intellects. His association with these vigorous, hardy, pioneers of civilization imbued the young man with unconquerable energy, indomitable will, and a stern sense of honor which through his 

manhood to the end of his life made him a master spuit among men. 

. At the age of sixteen he was sent to Shiloh College and subsequently 

added to the education obtained there whatever he could glean from 

the books within his reach. When barely of age he made his entrance 

into manhood upon the field of battle. 

When the Mexican war broke out young Logan plunged into itwith 

all the fire and enthusiasm of his nature, enlisting in the First Illinois 

Volunteer Infantry. Though then but twenty years of age, he served 

with distinction, and by the end of thewar had become quartermaster 

of his regiment. This beginningofhis career might have been to him 

an omen of future fame to be won on fields of blood. On returning 

home he was received as a student in the law office of Alexander M. 

Jenkins, his mother's brother, but, being an ardent admirer of Stephen 

A. Douglas, Logan soon became fascinated with political life, and in 

less than a year was elected clerk of Jackson County. 

In 1850 he became a student in the law department of Louisville 

University, graduating in thespringof1851, and entering upon theprac· 

tice of law at Murphysboro in partnership with his uncle. In 1852 

he was elected to the State Legislature, and soon afterwards to the 

office of prose.cuting attorney for the judicial district in which heresided. In this position he wru:~ called upon to prosecute some remarkable criminal cases, and it is a notable fact that he secured a conviction in 

all the cases which he prosecuted and tried. 

On the 27th of November 1855 he was marriecl to Miss 1\fary S. Cunning•