6014 CONGRESSIONAL RECORD-SENATE. JULY 4 

ernment building at Columbus, Ohio, and that the limit of costs be 

extended $150, ooo-to the Committee on Public Buildings and Grounds. 

By Mr. I. N. EVANS: Petition relating to the pension claim of 

Christian B. Schively-to the Committee on Invalid Pensions. 

By Mr. FORNEY: Petition of Christian F. Beyer, for an increase of 

pension-to the same committee. 

By MI. GEDDES: Petition of A. B. Smith and 75 others, citizens of 

Bellevue, Huron County, Ohio, for the passage of the Lovering billto the same committee. 

By Mr. GEORGE: Petition of citizens of Douglas County, Oregon, 

asking for the passage of the Blair educational bill-to the Committee 

on Education. 

By Mr. HART: Petition-of Capt. Charles F. King~to the Committee 

on Military Affairs. 

By :Mr. T. J. HENDERSON: Petition of John E. Keyes and 51 

others, soldiers of Henry County, Indiana, as to certain pension laws, 

&c.-to the same committee. 

By l\Ir. HOLMES: Petition of J. G. Miller Post, No. 67, GrandArmy 

of the Republic, Boonesborough, Iowa, for the passage of H. R. 6463 

pensioning all soldiers of the late war-to the Committee on Invalid 

Pensions. ~l\Ir. LAIRD: Petition of C. R. Ballard and others, of Grafton, 

Nebr., praying for the passage of the Lovering bill (H. R. 6463) granting a pension to all honorably discharged soldiers, sailors, and marines 

of the late war-to the same committee. 

By 11!1:. MAYBURY: Petition of Lawrence Dalton, postma-ster of the 

House of Representatives, for further provisions for the pay of clerk employed in his office, &c.-to the Committee on Accounts. 

By Mr. MORRILL: Petition of Hon. Sol Miller, of Troy, Kans., and 

60 others, asking for the passage of the Lovering bill-to the same committee. 

By Mr. CHARLES O'NEILL: Petition of Post No. 2, Grand Army 

of the Republic, asking an appropriation for a national cemetery near 

Philadelphia-to the Committee on Military Affairs. · 

By Mr. PERKINS: Papel'f? relating to the pension claim of James 

Smith Peters-to the Committee on Invalid Pensions. 

By Mr. ROBERTSON: Petition of sundry citizens of Grayson County, 

Kentucky, praying that a pension be granted to William Webster; also, 

of E. Hubbard and others, of Ohio County, Kentucky, praying for an 

increase of pension to Samuel K. J. Jones-severally to the Committee 

on Invalid Pensions. 

By Mr. STEELE: Petition of Ellis First, Hiram Brown, and 120 

others, citizens of Warren, Ind., asking that all soldiers of the late war 

above the age of forty-nine be placed on the pension-roll-to the same 

committee. 

By Mr. A. J. WARNER: Petition of John F. Camp and others asking that a pension be granted to Fernando Connor-to the same committee. By l\Ir. WILLIAMS: ' Petition of H. L. Bullard, W. A. Downs, J. 

A. Bolley, and others, citizens of Elmore County, Alabama, praying for 

the passage of the educational bill-to the Committee on Education. 

By Mr. YAPLE: Petition of Benjamin Heckert, R. W. Noyes, and 

others, members of Brodhead Post, No. 31, Grand Army of the Republic, Department of Michigan, relative to pensions, &c.-to the Committee on Invalid Pensions. 

SENATE. 

FRIDAY, July 4, 1884. 

The Senate met at 11 o'clock a.m. Prayer by Rev. E. G. ANDREWS, D. D., of Washington, D. C. 

The Secretary proceeded to read the Journal of yesterday's proceeding's, when, on motion of Mr. :MoRRILL and by unanimous consent, 

the further rea-ding was dispensed with. 

READING OF DECLARATION OF INDEPENDENCE. 

The PRESIDENT pro tempore. The special order adopted by the 

Senate yesterday Will be read. 

The Chief Clerk read as follows: 

Resolved, That the Senate will meet at the usual hour on Fridayhthe 4th day 

of July in ·tant, and, after the reading of the Journal and before ot er business 

is done, the Secretary of the Senate shall read the Declaration of American In- dependenee. 

The PRESIDENT pro tempore. Pursuant to this special order the 

Secretary will now read the Declaration of American Independence. 

The Secretary (ANSON G. McCooK) thereupon read the Declaration 

of American Independence. 

MESSAGE FROM THE HOUSE. 

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

Clerk, announced that the House had concurred in the reports of the 

committees of conference on the disagreeing vo~ of the two Houses on the following bills: 

A bill (H. R. 4383) to relieve certain soldiers from the charge of desertion; and 

A bill (H. R. 4996) to authorize the location of a branch home for 

disabled volunteer soldiers and sailors in either of the States of ~­ kansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska. 

The message· also announced that the House had non-concurred in 

the amendments of the Senate to the bill (H. R. 5709) to amend article 

72 of the Rules and Articles of War, agreed to the conference asked by 

the Senate on the disagreeing votes of the two Houses thereon, and had 

appointed Mr. W. S. ROSECRANS of California, MI. ROBERT M. MURRAY of Ohio, and 111r. THEODORE LYMAN of Massachusetts managers 

at the conference on the part of the House. 

The message further announced that the House had directed the return to the Senate of the bill (H. R. 2185) for the relief of Rosa Vert- ner Jeffrey and others. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the President pro tempore: 

A bill (S. 1581) to provide for the disposal of abandoned and useless 

mill tary reservations· 

A bill (H. R. 5377) for the allowance of certain claims reported by 

the accounting officers of the United States Treasury Department, and 

for other purposes; and 

A bill (H. R. 6409) to validate and cure defects in certain acts of the 

Legislative Assembly ofWashington Territory. 

GENERAL DEFICIENCY APPROPRIATION BILL. 

Mr. HALE submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7235) "making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 

1884, and for prior years, and for those certified as due by theaccouuting officers 

of the Treasury in accordance with section 4 of the act of June 14,1878, heretofore paid from permanent appropriations, and for other purposes," having met, 

after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate r ecede from its amendments numbered 12, 13, 14, 17, 20, 23, 40, 52, 

54, 55, 58, 59, 60, 69, 70, 72, 73, 74, 77, 78, 80, 88, 89, 90, 91, 93, 94, ll4, 126, 127, 128, 129, 130, 

131, 132, 133,134,135,136, 137, 139,140,141,143,144, 145, 146,147,148,152, 153,154, 155, 156, 

157,158,161,162, 163,164,165,166,167,168,170,171,172,173,174,175,177,178,179,180,181, 

182,183,184., 185,186,187,188,189,190,191,192,193, 1~.195,196,197, 198,199,200,201, 202~ 

203,204,205,206,2117,208,209,210,211,212,213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 

and 223. 

That the House recede from its disagreement to the amendments of the Senate 

numbered 1, 2, 4, 15, 16,18, 24, 25, 26, 'J:l, 28, 29, 30, 31, 34, 35, 37, 38, 41, 42, 44, 50, 51, 53, 56, 

57, 61, 62, 63, 64, 65, 66, 68, 71, 75, 76, 79, 81, 82, 83, 84, 95, 96, 97, 98, 99, 100, 102,103,104, 105, 106~ 107,108,111, 112, 113,ll5, ll6, 119,120,121,123,124, 125, 142, 150, 151, 159, 160, 169, 

ana 176, and agree to the same. Amendment numbered 3: That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amend- ment as follows: In lieu of the matter proposed to be trick en out by said amend- ment insert the following: "And hereafter it shall not be lawful for any con- sular officer to appropriate to his own use or expend from the amount received 

from the fees of his office any sum in excess of the allowance of salary and fees 

directly authorized by law; and' consular officers paid exclusively by fees and 

corumls paid in part by salary and in part by fees shall only appropriate to their own use or expend such portion of the fees as is authorized by law; " and the 

Senate agree to the same. Amendment numbered 32: That the House recede from Us disagreement to the amendment of the Senate numbered 32, and agree to the same with an amendment as follows : In lieu of the sum proposed insert "$250,333.29; " and 

the Senate agree to the same. Amendment numbered 33: That the House recede from its disagreemen$ to the amendment of the Senate numbered 33, and agree to the same with amend- ments as follows: In line 2 of said amendment strike out the name "Albert 

Grant," and in lieu thereof insert the names" Frank A. Behan, Francis A. Gib- bons;" and after the word "provided," where it first occurs in said amendment, 

insert the following words: ''Is hereby appropriated; " and the Senate agree to the same. Amendment numbered 36: That the House recede from its disagreement to the amendment of the Senate numbered 36, and agree to the same with an amendment as follows: In lieu of the sum proposed by said amendment insert " $822.96; '' and the Senate agree to the same. Amendment numbered 43: That the House recede from its disagreement to the amendment of the Senate numbered 43, and agree to the same with amend-- ments as follows: .After the word" for," where it first occurs in said amendment, 

strike out the words "ordnance, twenty thousand dollars; for," and in lieu of the 

total sum stated in said amendment insert "$2,900; " and the Senate agree to the same. • Amendments numbered 45 and 46: That the House recede from its disagree- ment to the amendments of the Senate numbered 45 and 46, and agree to the same with an amendment as follows: In lieu of the amended paragraph insert 

the following: " For payment in full of expenses and for compensation of civil 

commissioner appointed under provisions of act of August 5,1882, $3,788.81; " 

and the Senate agree to the same. Amendment numbered 67: That the House recede from its disagreement to. the amendment of the Senate numbered 67, and agree to the same with an amendment as follows: In line 1 of said amendment, after the word "pay- ment," insert the words" to the estate of .A.. D. Fisher;" and the Senate agree to· the same. · Amendment numbered 109 : That the House recede from its disagreement to· the amendment of the Senate numbered 109, and agree to the same with an. amendment as follows : Strike out the name " Vaugneder," and in lieu thereof 

insert the name "Vangender;" and the Senate agree to the same. Amendment numbered US: That the House recede from its disagreement to the amendment of the Senate numbered ll8, and agree to the same with an amendment as follows: At the end of said amendment insert the following: 

"And the Attorney-Genera l of the United States is hereby directed to proceed against the warrantors upon the covenants in the conveyance to recover back; 

said sum in the name of the United States;" and the Senate agree to the same. Amendment numbered 149: That the House recede from its disagreement to the amendment of the Senate numbered149, and agreetothesamewith amend- ments as follows: On page 55 of the bill, in line 17, after the word "may," in- sert the words " after due notice and opportunity for hearing;" and after the 

word " suspend," in same line, strike out the words" debar, dismiss," and after 

the word "to," in line 20, strike out the words "abide by" and insert the word& 
1884. CONGRESSIONAL RECORD-SENATE. 6015 

"comply with;" and after the word "sh!J.Il," in line 21, insert the words "with 

intent to defraud;" and the Senate agree t<> the same. The committee of conference has been unable to ·agree on the amendments of 

the Senatenumbered5, 6, 7,8, 9, 10,11,19,21,22,39,47,48,49,85,86,87, 92,101,110,117, 

122, and 138. 

EUGENE HALE, 

W. B. ALLISON, 

F. M. COCKRELL, 

Managers on the part of the Senate. 

SAM. J. RANDALL, 

JAMES N. BURNES, 

W. H. CALKINS, 

Managers on the part of the House. 

Mr. HALE. Upon this bill, which is the main deficiency bill of the 

session, the conferees of the two Houses after prolonged and laborious 

sessions, both by night and day, were able to reach an agreement on the 

larger number of items in dispute. The amount of difference between 

the two Houses in money was $1,263,514.56. Of this, in that part of 

the report which embraces the agreement of the conferees of the two 

Houses, the Senate conferees recede from amendments amounting to 

$327,932.88 and the House conferees recede from its disagreement to 

amendments to the amount of $176,359.14. The larger part of the 

items on which the Senate conferees yielded were embraced in a long 

list of old claims in the different Departments. We found the House 

conferees absolutely declining to make appropriations for them, and 

therefore the Senate conferees yielded. 

After going through the bill and its many items the conferees found 

themselves entirely unable to agree upon twenty-threedifferentainendments, and I wish to refer briefly to what these are so that the Senate 

may know and then to take the instruction of the Senate upon them. 

.A.t the clo e ofwhat I may say with reference to them I shall move that 

the Senate insist upon its amendments which are comprehended in this 

list and ask for a further conference. 

The first five items are small items relating to the paving of streets 

and roadways around public buildings owned by the Government in 

various cities in different States. The Senate conferees saw no reason whythe Government should not pay its proportion ofthese bills under 

the municipal laws of the different cities. The bills are not large, but 

the House conferees took the ground that the Government should pay 

nothing with reference to the streets about its property, and there the 

two Houses were unable to agree. '!terns 10 and 11 bear reference to the Internal Revenue Bureau of 

the Treasury Department. The larger item is $150,000, which the 

Commissioner of Internal Revenue and the Secretary of the Treasury 

estimated some months ·ago would be necessary to complete the service 

of the Internal Revenue Bureau for the last fiscal year. The House 

conferees declined to put it on. When the Senate Committee on Appropriations reached that item it sent for the Commissioner and asked 

him whether in view of his know ledge at the present time the $150,000 was needed to complete the service. The reply of the Commissioner 

was that every dollar would be needed, and he also stated the purposes 

for which it would be spent. The attitude of the House conferees upon 

this item was that a regular appropriation was made last year, and that 

there is no necessity for appropriating more now, and that we c.'l>n wait 

until December in order that all the bills may be fully in. . 

The position taken by the Senate conferees is that at the end of the 

year the Secretary and the Commissioner declare that this sum is needed 

in general terms, they state how it is to be paid, and that it would be an injustice to force employes of that Department who have rendered 

service to the Government for the last fiscal year to wait until next 

December. The committee has found that in that great bu'reau it is 

almost absolutely beyond human wisdom to estimate beforehand just 

what amount will be needed for the succeeding year. No Commissioner and no Secretary of the Treasury can tell the precise force that 

will be needed. Therefore the Senate conferees upon this item maintained their ground, and the Houses are opposed to each other. 

There is an item next of the payment of 15 per cent. of direct tax to 

the States of California, Oregon, and Nevada, which stands upon the 

basis that Congress adopted last year in allowing it to the State of Kansas. Senators are familiar with the provisions of that act. In order 

to insure promptitude of collection or assumption of the tax by the 

States Congress authorized an abatement of 15 per cent. to the State 

paying at a certain date. Last year Congress allowed the 15 per cent. 

to the State of Kansas, although technicallytbatStatewas not entitled . to it, not having paid within the time, but a.ssumed and paid it afterward. Congress determined then and there not to insist rigidly upon 

the statute which required payment at a given time, but to give Kansas the benefit of her equities and allow the 15 per cent. The com- mittee on the part of the Senate and the Senate adopted the provision 

put upon this appropriation bill to pay the like claim for the three 

States that have been considered and the amount fixed iii the Treasury. 

Mr. PLUMB. Will the Senator from Maine permit me to interrupt 

him.for a moment? I wish to have him make the statement complete, 

and to call his attention to the fact that the State of Kansas was not 

the first State to which that rule had been applied. It -was the only one to which it was applied last year, but prior to that time an allow- ance had been made for the claims of other States which had also made 

their payment after the time prescribed. 

Mr. HALE. I referred to that State particularly because the Committee on Claims to whom the matter had been refl;lrred reported the 

bill to the Senate for passage and it was passed last year. 

Mr. PLUMB. That is all right. I only wanted to make the statement stronger. 

Mr. HALE. The next item is $5,000 in payment of a jud~ent in 

favor of J. D. Culp & Co., duly certified to us, and the Senate conferees saw no renson why it should not be paid like other judgments. 

The next item is one put on in the Senate for the expenses of the 

Louisiana Commission. 

Mr. INGALLS. How much was the Louisiana Commission expense? 

Mr. HALE. Three thousand nine hundred and fifty dollars and 

seventy-three cents. The next item is for the payment of awards for 

the Fox and Wisconsin River improvements. In this case the Government assumed the control of the rivers and the improvements, and 

suits were brought against the Government for damages by flowing and 

otherwise from the operations of the War Department under the Government. Judgment was rendered in an agreed case, and these appropriations are to pay the sums that are covered by the judgment. 

The next three items are items for the payment for rent and use of the 

yards of Harlan & Hollingsworth, William Cramp & Sons, and John 

Roach for the three monitors, the Terror, the .Amphitrite, and the Puritan. Congress in 1881 directed the Secretary of the Navy to have 

these claims investigated by a board and reported to Congress as to the 

amounts due to these parties. When the old alleged contracts were abrogated and abandoned the vessels were left in the yards of the con- tractors and continued there until work was resumed on them less t.han 

two years ago. For that, for the use of their yards, for the inconvenience 

resulting from it the myners ofthe yards have received nothing. They 

presented bills very much larger than those allowed by the board; the 

Committee on Appropriations. of the Senate recommended that the 

awards be adopted and paid, and put the items on this appropriation 

bill and the Senate passed them. 

There is still another question arising with reference to this item. 

The Monadnock lies in the yardofBurgessin San Francisco, or in California near that city. Mr. Burgess declined to accept the award of 

the board, claiming a much larger sum, and his item was not put on the bill. After the conference met lt!r. Burgess expressed his willing- ness to take the amount of the award as the others had done, but the 

conference committee hesitated about putting it on and because neither 

of the Houses had considered the item. We have the items of the 

others in relation to the same subjectrmatter and it might be claiined 

that the conference had power to put the Burgess item on, but the con- ferees were sensitive on the point of doing nothing that should by possibility raise the question whether they had exceeded their power; and 

unless the Senate and the House instruct the committee to consider this . item, the conferees will not consider it. 

Mr. INGALLS. What is the amount involved in that item? 

Mr. HALE. Seventy-one thousand dollars. 

Mr. INGALLS. What is the entire amount? 

Mr. HALE. Thefirstitemis $67,987; the second item, $75, 790; and 

the third item, $69,201, taking the award of the board exactly. 

The next item that we could not agree upon relates to the Department of Justice. The Attorney-General and. his subordinates having 

charge of this business were requested by the Committee on Appropriations to look carefully into their expenditures and report the least sums 

po ible to finish the service for the year. The Committee on Appropriations reported that sum, and the Senate adopted their report. The 

House conferees refused to yield. 

The next item is for miscellaneous items for the Senate contingent 

fund. That is the item which contains the appropriation for Senators' 

clerks under the action of the Senate taken during the last winter. The 

House conferees refused to assent to this item, and it is embodied in 

the report. 

There is another item with reference to repealing the provision in regard to the Agricultural Bureau having charge of the investigation of 

the diseases of cattle-an appropriation of $25,000. There is also an item for the pB,yment of land ta-ken for the reservoir lying to the north 

of this city, $175,000. Legal proceedings have been taken, the land of 

the different owners appraised, and it has all been submitted to Congress. The item amounts to $170,000, with anitemof$5,000-formaps 

and surveys. The conferees on the part of the Senate could not yield or give this item up, because the land has been taken, the owners have 

been dispossessed, the work is going on, and sooner or later the Government will have to pay for it. It ought not to be delayed. Some of 

the owners are poor, were small property-holders, and the Senate con- ferees could see no reason why the appropriation should be further delayed. . Mr. HAWLEY. The Senator may also state that the land has been 

taken in the usual process of condemnation. 

Mr. HALE. I had stated that legal proceedings have been gone 

through with,· appraisements madeunderthelaw, and that this amount 

is the result of the appraisal. 

There were two items of legislation, one amendment No. 122, as to a very rigid limitation on the presentation of claims in the Treasury 

Department. While the Senate conferees felt that this provision had 

, 
6016 CONGRESSIONAL RECORD-SENATE. JULY 4, 

many meritB and that the Treasury Department should be protected so 

far as possible from the undue pressure of old claims, yet it had not time 

fully to investigate the fnll force of the House enactment, and a consideration also presented itself to the minds of the Senate conferees 

that we ought to be cautious about any legislation that would tend to 

send more and more claims to Congress. Therefore the Senate conferees did not feel willing to give their assent to that provision. 

There is an amendment, number 13 r in regard to certain claims 

that had been presented to the Treasury Department, duly considered 

and heard by all the auditing and comptrolling officers and reported 

to Congress, where the Department has declined to send them to the 

Court of Claims. The House put in a provision that they shall now be 

sent to the Court of Claims. The Senate conferees did not think that 

this class should be submitted to that further delay, and that is in~ 

eluded in the disagreement. 

The po ition of the House upon certain matters of appropriation may 

as well be stated, and that is, where in the course of the service of the 

Government in its different Departments the head of a Department or a 

subordinate under the head of a Department. expends money in excess 

of the appropriation which has been given the year before it will not 

consider it to be a deficiency, taking the technical ground that a deficiency is something that has not been paid because the appropriation 

made for it has lapsed or has been covered into the Treasury. 

On page 9, amendment 14, is the following item: 

For additional amount required for fuel, light, and water for public buildings for fiscal year 1881, to pay for the services of six persons employed during April, 

1\Iay, and June, 1881, as watchmen and cleaners in the custom-house, Chicago, 

by the collector of custom , and remaining unpaid for want of an appropria- tion , $648.90. 

The collector of customs at Chicago, on an undoubted and undisputed emergency, the service being required, and it being undisputed 

that it was required, employed these people to do service as watchmen and cleaners; but when the bills were sent in they were in excess of the appropriation for that building. They were duly audited 

and allowed in the Treasury Department and sent to Congress. The 

House conferees refuse to pay these people for the service . because 

the appropriation was not large enough to cover it. The Senate conferees believe that these poor people should be paid. They knew 

nothing about the extent of the appropriations; they were employed 

by an officer of the Government at the head of the custom-house, and 

it is due and fitting that the items should be paid. It is a small matter, but the House insisted so rigidly that the Senate yielded, simply 

notifying the House that it would come up again, and that in the end 

both branches would pay such a bill as that. I mention it as showing 

the attitude of the House with reference to these appropriations. 

The committee has done the best it could, and I seek now the instruction of the Senate on these different amendments, and I suppo e 

the proper motion would be that the report be accepted, and then I 

will move that the Senate further insist on its disagreement. 

Mr. SEWELL. What is the statement in relation to monitors on 

the stocks? I did not hear it exactly. 

Mr. HALE. That is included in the disagreements. I ask the instruction of the Senate on those items. 

Mr. SEWELL. How is it in regard to the California award. That 

ha.s come in since the amendment as to the others. 

Mr. HALE. It did not go into the bill. 

Mr. SEWELL. That is a similar case to those already in. It is an 

award made by the board of the Navy Department. If the others are 

paid that ought to be. I move that the cortferees on the part of the 

Hoose be instructed to insert that item. 

Mr. HALE. Let the report be accepted first. 

Mr. BAYARD. Mr. President, there is an item in this bill, concerning which there is a disagreement reported by the conferees, of which 

I have some knowledge. I introduced the amendment providing for 

the payment to the ship-builders of three of the turreted monitors for 

t he loss to them caused by the use and occupation of their ship-yards 

by three of the monitors from the time when the contract they bad 

entered into with the Government was arrested and discontinued at the 

option of the Government until such time as it pleased the Government 

to renew the contract sufficiently to enable them to get these vessels 

out of their ship-yards. It so happens that one of these vessels has been 

built in the town where I live, and I have frequently seen it. 

In 1873 the Government made a contract with the fum of Harlan & 

Hollingsworth to build one of these vessels, and I believe when I state 

the terms of this contract I state them as to the other three monitors, 

one on the Pacific coast, one in Philadelphia, and one at the town of 

Chester. They proceeded under the contract, constructed the hull, 

and were about to finish the turrets and armament when the incoming 

ecretary under the administration of Mr. Hayes stopped the contract 

at once, and nothing more was done until 1883. For six years and a half the Government occupied with one of its unfinished vessels the 

best site and the most valuable portion of an active ship-building yard's 

property. . 

More than once in the Senate I have applied to the Committee on 

Naval Affairs in the course of discussion to introduce some measure that 

either would finish this vessel or destroy it, but at any rate get it out 

of the way, and not occupy the private property of these ship-builders; . 

but for one reason or another the Government postponed it. Commi -

sion after commission was raised by the Navy Department, and they 

returned variously that these vessels had better be finished in one way 

or another. Finally the Government made up its mind and did expend 

enough money to have them launched. They were taken from the 

slip ; they lie now in the water, to be dealt with as tho Government 

may see fit in regard to their armament. 

But in the mean time here are citizens of the United States who have 

supplied their money, given the u e of their property, performed every 

contract which they made with the Government fully so far as they 

were allowed to do it, have ettled their claims with the Government, 

and now ask that they may be remunerated for the u e and occupation 

of their ship-yards by Government vesselsfor ix and a half years, during which time it pleased the Government to keep them there and not 

permit them to be removed. 

These ship-building companies rendered their bills to the Government 

for the use and occupation of these building- lip , for the construction 

of houses over these vessels, over the turrets, toring, painting, watching, labor, and other things nece ry for the purpose of protecting this 

property, shoring up these Y els .,o that the hulls might not fall out 

of line and be injured when they came thereafter to be used. They 

rendered an itemized account to the Navy Department for this work and 

Congre did not pay it, but they did order a year ago that a commi -

sion should be appointed to examine into this claim, composed of officers of the Navy, honorable gentlemen, I take it for granted, as all officers in the Navy are, or certainly ought to be. They went into these 

yards and they returned a fnll detailed statement based upon the value 

of the plant, the time it was occupied, and all the other items connected 

with the expenditure, and I may say that that was about two-third 

of what the ship-builders believed they were fairly entitled to. 

A communication was sent to the chairman of the Committee on 

Appropriations in the other House stating the facts, and asking for 

compensation upon the basis of the Government's own asCertainment, 

and I believe no reply was made. A copy of that letter wa.s sent to 

me, and I carried it before the Committtee on Appropriations of the 

Senate, and I introduced an amendment to pay these three ship-builders 

the amount which the officers of the Navy detailed for the purpose of 

ascertaining had declared to be justly and fairly due. 

I do not pre~nd to give reasons w by this claim was not recommended 

by the House committee. I can only say that no reasons were given 

why it should not be, but that ample reasons are given in the report 

of the commission of officers detailed to examine into this subject, and 

it lies before the Senate in the shape of an executive document. My 

statement here is but a skeleton of what that document contain , and 

I desire to say in the Senate that it may be known here as well a elsewhere that! can see nothing admissible in the Government refusing to 

pay a well-ascertained debt when its own officials have stated that it 

was justly and fairly due. I hold that the obligations of the Government 

are not confined to its sealed instruments or to its contracts express, but 

equally so to those implied; and there is no better example that the 

Government can set to its people than by honestly paying its own just 

debts. I believe that the claims made by these parties and affirmed 

by the board of naval officers are just as honest, just as fully due, as 

any one item that this bill contains; and so believing I trust the Senate 

will insist on its amendment and bring the matter before the House, 

that a perfectly just claim may be admitted and may be promptly 

paid. 

1\Ir. H!LE. I move that the report of the committee of conference 

be accepted. 

The PRESIDENT pro tempore. The SenatQr from Maine moves that 

the Senate agree to the recommendation of the report of the conferees. 

Mr. INGALLS. .Mr. President, thereportofaconferencecommittee 

I suppo e, is always a. compromise. It is "give and take." While I 

have no knowledge or information about many of the items to which 

the Senator from1t1a.inehas referred upon which a disagreement existB, there is one upon which it appears to me the aetion of the enate conferee should be decided and positive, and that is in connection with 

the land condemned for. the reservoir in the region adjacent to the Howard University. This condemnation was provided for in the bill for 

the increased water supply of the District. Tho e Senators who have 

recently had occasion to go ont of the southwest gate of the Soldie1 ' 

Home in consequence of the clo ing ofthe main western entrance may 

have noticed very extensiveoperationsgoingon in the property adjacent 

to the territory of the Soldiers' Home. We have obtained possession 

ofthis property by the legal process of condemnation. The Government i at work upon it, the owners have been dispo essed, the compensation has been agreed upon, and it would be a scandal and a reproach for Congress to refuse to pay it at the earliest opportunity. 

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

motion of the Senator from 1tfaine, that the recommendations of the 

conferees on the items in respect to which the conferees of the two 

Houses have come to an agreement be concurred in. 

The report was concurred in. 

Mr. HALE. Now I move that the Senate insist upon the amendments on which disagreements between the two House are reported 

and ask for a further conference on the disagreeing votes. 

The PRESIDENT pro tempore. The Senator from Maine moves that 
1884. CONGRESSIONAL REOORD-S.ENATE. ·6017 

the Senate further insist on itsamendments numbered5, 6, 8, 9, 11, 19, 

21,22,39,47,48,49,85,86~87,92,101,110,117,122, an~ 138, and ask 

for a further conference With the House of Representatives thereon. 

The motion was agreed to. 

By unanimous consent the President pro tempo-re was authorized to 

appoint the conferees on the part of the Senate, and Mr. HALE, Mr. 

ALLISON, a.nd ~fr. COCKRELL were appointed. 

Mr. SEWELL. I ask unanimous consent that the conferees on the 

part of the Senate may be authorized to take into consideration the 

.claim for storing the Monadnock in connection with the claims for the 

other monitors. 

The PRESIDENT pro tempo-re. The Senator from New Jersey asks 

unanimous consent that it be ordered that the Senate conferees on the 

bill just disposed of be authorized to ask the Representatives of the 

House of Representatives to take into consideration and insert in the 

bill the claim in reference to the storage of the Monadnock. 

Mr. SEWELL. On the basis of the award. 

The PRESIDENT pro tempo-re. On the·basis of the award in the case 

of the Monadnock. Is there objection? · 

Mr. HALE. I would not put in ''on the basis of the award.'' 

Mr. SEWELL. Well, on the basis of the amount allowed in the 

other cases. Mr. HALE. Very well; that is right. . 

The PRESIDENT pro tempo-re. Is there objection? The Chair hears 

none, and it is so ordered. 

Mr. MORGAN. I ask leave to make a report from the Committee 

on Public Lands. 

The PRESIDENT pro tempo-re. Reports are not yet in order. · 

Mr. MORGAN . • I shall wait till the proper time. 

BRANCH SOLDIERS' HOME. 

The PRESIDENT pro tempore. The Chair lays before the Senate 

t e conference report on House bill No. 4696. The title of the House 

bill and the action of the House of Representatives will be read. 

The Secretary read the title of the bill (H. R. 4696) to authorize the 

location of a branch hom~ for disabled volunteer soldiers and sailors in 

(lither the State of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska. 

The action of the House was read, as follows: 

lN THE HOUSE OB' REPRESENTATIVES, July 3, 1884. 

.Resolved, That the Hou~re concur in the report of the committee of conference ~n the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 4.696) to authorize the location of a branch home for disabled volunteer soldiers and sailors in either the State of Arkansas, Colorado, Kansas, 

Iowa, Minnesota, Missouri, or Nebraska. 

Mr. HARRISON. I desire at this time to submit the report of the 

oonferees on the part of the Senate on the bill which has just been laid 

before the Senate, &nd I will say in connection with it that the Senate 

amendment was in the nature of a substitute, striking out all after the 

enacting clause and inserting the Senate bill which the Senate llad 

passed and sent to the House. The conferees have agreed upon two 

.amendments to it. The first is: 

Mr. INGALLS. Two amendments to the Senate bill? 

Mr. HARRISON. Two amendments to the Senate amendment. The 

first is extending the provisions ofthis biJI to the soldiersofthe Mexi-

-can war and the war of 1812. As the bill was passed by the Senate, the 

-enlarged relief which was given was limited to soldiers of the late war. 

The fundamental law of the home, the original law of the home, provided for the admission of soldiers ef the Mexican war and the war of 

1812 both. We have made this bill conform to the fundamental law of 

these homes. 

The other amendment is in the nature of a proviso, made necessary 

by the extension of this legislation to soldiers of the Mexican war, which 

is simply to the effect that the disab~tywhich shall bethe basis of admission to these homes shall not have arisen in service against the 

Government. 

I move that the Senate agree to the report of the conference com- mittee. 

The PRESIDENT pro tempore. The report of the Senate conferees 

will be read. 

The Chief Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses ~n the amendments of the Senate to the bill (H. R. 4696) to authorize the loca- tion of a branch home for disabled volunteer soldiers and sailors in either the States of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Ne- braska, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: That t.he House recede from its disagreement to the amendments of the Sen- -ate, and agree to the same with the following amendments: In section 5, after the word "rebellion," insert the words " and the volunteer soldiers and sailors of the war of 1812 and of the Mexican war;" also by adding the following pro- viso to section 5: "Provided, Such disability was not incurred in service against 'the United States;" and the Senate agree to the same 

XV--377 

BENJ. HARRISON, JNO. F. 1\llLLER, F. M. COCKRELL, 

Managers on the part of the Senate. 

. W. S. ROSECRANS, CHARLES H. MORGAN, 

J.LAIRD, 

Managers on th.e part of the HOU8e. 

The PRESIDENT pro tempo-re. The question is on agreeing to the 

motion of the Senator from Indiana that the Senate concur in the recommendations of the conference committee on this bill. 

The report was concurred in. 

ROSA VERTNER .JEFFREY AND OTHERS. 

The PRESIDENT pro tempo-re. The Chair lays before the Senate 

House bill No. 2185, stating that the bill has once been in the Senate before, but was returned to the House of Representatives, and has been 

changed there, as the Chair ees by looking at the engrossed bill. The 

Chair thinks, therefore, that the bill should be treated now as an original House bill, and have its first and second reading. 

The bill (H. R. 2185) for the relief of Rosa Vertner Jeffrey and others 

was read twice by its title, and referred to the Co~mittee on Claims. 

REMOVAL OF CHARGE OF DESERTION. 

Mr. COCKRELL. There is a conference report that I desire to have 

acted upon. 

The PRESIDENT pro tempo-re. The Chair withheld it until the Sena.-

tor came in. The Chair lays before the Senate the action of the conferees and of the Hou e of Representatives on House bill No. 4383. 

The Chief Clerk read the title of the bill (H. R. 4383) to relieve 

certain soldiers from the charge of de!?ertion, and also the following: 

IN THE HOUSE OF REPRESENTATIVES, J uly 3,1884. 

Resolved, That the House concur in the report of the committee of conference on the disagreeing vot-es of the two.Houses on the amendments of the Senate to • the bill (H. R. 4383) to relieve certain soldiers from the charge of desertion. 

The PRESIDENT pro tempore. The Senator from Missouri submits 

the report of the Senate conferees, which Wlil be read. 

The Chief Clerk read as follows: 

The comtnittee of conference on the disagreeing votes of the two Houses on the amendments of th~ Senate to the bill H. R. 4383, an act to relieve certain soldiers from the charge of desertion, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses a.s follows: 

That the House recede from Senate amendments numbered 3, 4, 5, 6, 7, 8, 9, 10, 

11, 12, 13, and 14. And the Houlile recede from Senate amendment numbered 1 with an amend- ment, a.s follows: A.t the end of section 1 insert: "Promded, That no soldier shall be relieved under this section who, not being sick or wounded, left his command without proper authority whilst the same was in the presence of the enemy." And also recede from Senat-e amendment numbered 2, with an amendment as follows: In first paragraph strike out the words "the service" and insert the wor~ "his command; " and in second paragraph strike out the words "the service" and insert the words "his command." And the Senate agree to the same. F. M. COCKRELL, BENJ. HARRISON, 

W. J. SEWELL, 

Managers on the part of the Senate. 

W. S. ROSECRANS, ' CHARLES H. MORGAN, GEO. W. STEELE Managers on the part o? the HOU8e. 

Mr. COCKRELL. The House has receded from its disagreement. 

Thel'e is a clerical error in the report in not stating the fact in that form . 

I move that the Senate agree to the conference report. 

The PRESIDENT pro tempore. The Senator from Missouri meves 

that the Senate agree to the report of the conferees on this bill. 

The motion was agreed to. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempo-re laid before the Senate a communication from the Secretary of the N<~>vy, transmitting six illustrations needed 

for the completion of the report on the Suez Canal by Professor J. E. 

Nourse, United States Navy, presented to the Senate on the 27th ultimo; 

which was ordered to be printed, and, with the accompanying papers, 

referred to the Committee on Commerce. 

PETITIONS Al."'D MEMORIALS. 

The PRESIDENT pro tempo-re presented a communication from the 

Attorney-General, transmitting the petition of Thomas Boles, United 

States marshal at Fort Smith, Ark., praying that his salary be fixed at 

$5,000 per annum, and the salary of his chief deputy at $1,800 per 

annum; which, with theaccompanyingpapers, was referred to the Committee on the Judiciary, and ordered to be printed. 

Mr. CULLOM presented a memorial of citizens of Tallula, Ill., re- monstrating against governmental control of the telegraph business; 

which was ordered to lie on the table. 

~fr. PLUMB presented a petition of citizens and soldiers not members of the Grand Army of the Republic, residents of the State of 

Kansas, praying for the passage of the So-called Lovering bill, granting pen ions for service in the Army and Navy of the United States 

during the war of the rebellion; which was referred to the Committee 

on Pensions. 

REPORTS OF OOMMI TTEES. 

Mr. MITCHELL, from the Committee . on Pensions, to whom was 

referred tJle bill (H. R. 2869) for increase of pension of Martha T . .Stribling, widow of Cornelius K. Stribling, late a rear-admiral in the 

United States Navy, reported it without recommendation, and submitted a report thereon. · He also, from the same committee, to whom was referred the bill 
' 

i 

t 

• 

-

6018 CONGRESSIONAL RECORD- SENATE. JULY 4, 

(S. 1046} increasrng the pension of Martha P. Stribling, reported adversely thereon; and the bill was postponed idefinitely. 

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

R. 3591) for the relief of Sarah A. Becktel, reported it without amendment, and submitted a report thereon. 

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

R. 4530) granting an increase of pension to Patrick Foley, reported it 

without amendment, and submitted a report thereon. 

Mr. HALE, from the Committee on Naval Affairs, to whom was referred the bill (H. R. 1615) tor the relief of the heirs of the late Langley B. Culley, reported it without amendment, and submitted a report 

thereon. 

lli. UORGAN, from the Committee on Public Lands, to whom the 

subject was referred, reported a bill (S. 2363) to declare a forfeiture of 

a land grant to the State of :Michigan to aid in the construction of a 

railroad; which was read twice by its title. · 

Mr. CAMERON, of Wiscon in. I am instructed by the Committee 

on Claims, to whom was referred the bill (S. 2181) for the benefit of 

D. R. Haggard, to report it back and to ask that the committee be discharged from its further consideration, and in connection with the bill 

I offer the following order: 

Ordered, That D. R. Haggard have leave to withdraw the papers relating to his claim from the files of the Senate, no adverse report having been made. 

There being no objection, leave was granted. 

The PRESIDING OFFICER (1\fr. GARLAND in the chair). What 

disposition does the Senator propose to make of the bill? 

Mr. CAMERON, of Wisconsin. I move that the Committee on 

Claims be discharged from the further consideration of the bill. 

The PRESIDING OFFICER. 'l'hat order will be granted, but what 

disposition is to be made of the bill? 

lli. CAMERON, of Wisconsin. It will remain· on the table, I suppose. 

The PRESIDING OFFICER. It will be ordered to lie on the table, 

if there be no objection. 

BILL INTRODUCED. 

Mr. PLUMB introduced a bill (S. 2364) granting an increase of pension to Stephen R. Smith; which was read twice by its title, and, with 

the accompanying papers, referred to the Committee on Pensions. 

CALIFORNIA INDIANS. 

The PRESIDENT pro tempore. If there be no further bills or joint 

resolutions that order is closed. Concurrent and other resolutions are 

in order, and under the rule the Chair lays before the Senate the resolution offered yesterday by the Senator from California [1\Ir. MILLER], 

which will be I'ead. 

The Chief Clerk read as follows: 

.Resolved, That the provisions of the resolntion of the Senate ad,opted Jnne 11, 

1884, instructing the Committee on Indian .Affairs to inquire into the condition of the several tribes and bands of Indians in the Indian Territory, &c., be ex- tended to and embrace therein the Indians upon the several reservations in California, and that the said inquiry be directed particularly to the Ronnd Val- ley Indian reservation in said State; and that full investigation be made into the present and past management of said reservation, and of all abuses of the rights and intere ts of the Indians thereon. 

The resolution was agreed to. 

FISHERIES OF ATLANTIC COAST. 

lli. SEWELL. The Senate at the last session ordered an in vesti!!ation into the fisheries on the Atlantic coast by a subcommittee of the 

Committee on Foreign Relations. The result of that investigation was 

the formation of a standing committee of the Senate, the importance of 

the subject being fully recognized. It is desirable to continue this investigation during the recess, and I therefore offer a resolution authorizing a subcommittee of that committee to sit during the recess. 

The PRESIDENT pro tempore. The resolution will be read. 

The Chief Clerk read as follows: 

Resolved, That the Committee on Fisheries be authorized to sit during the re- cess of Congress at uch places as they may deem necessary for the purpose of con tinning the inve tigation relative to the proposed legislation regnlating the fisheries of the Atlantic coast in the bays and arms of the sea, and in the lakes and mouths of rivers. Resolved, That said committee have leave to appoint a subcommittee if neces- sary. 

Resolved, That said committee or subcommittee have power to send for per- sons and papers, to employ a stenographer, and that the expenses incurred be paid out of tbe contingent fund of the Senate on vouchers approved by the chairman of said committee or subcommittee. 

The PRESIDENT pro tempore. The Senator from New Jersey asks 

unanimous consent that these resolutions be now considered. Is there 

objection? The Chair hears none. The question is on agreeing to the 

resolutions. 

The resolutions were agreed to. 

CLAIMS. FOR FRENCH SPOLIATIONS. 

:Mr. FRYE submitted the following resolution; which was referred 

to th~ Committee on Printing: 

.Resolt•ed, That there be printed for the use of the Senate 3,000 copies of the message of the President of the United States transmitting the report of the Secretary of State relative to the papers on file in the Department of State touching the unsettled claims of citizens of the United States against France prior to July 

31, 1801. together with the papers accompanying the same. 

ENROLLED BILL SIGNED. 

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

Clerk, announced that the Speaker of the House had signed the enrolled 

bill (H. R. 6656) making appropriations to provide 1or the expenses of 

the government of the District of Columbia for the fiscal year ending 

June 30,1885, and for other purpo es; and it was thereupon signed by 

the President pro tempore. 

THERE A CROSBY WATSO:Y. 

The PRESIDENT pro tempore. The Calendar, under the eighth rule 

is now in order. ' 

Mr. BLAIR. I move that the Senate proceed to consider Order of 

Business 764, being the bill (H. R. 103) granting a pen ion to Theresa 

Crosby Watson. 

The PRESIDENT pro tempore. The question is on the motion of the 

Senator from New Hampshire. 

Mr. HARRISON. Mr. PresidentThe PRESIDENT pro tmnpo1·e. The motion is not debatable. 

Mr. HARRISON. I want to make a suggestion. 

The PRESIDENT pro tempore. The Senator from Indiana is recognized and Inay proceed unless objection be made. 

1\lr. HARRISON. I simplywantedtomakeasuggestion totheSenator from New Hampshire that we should go through with the pension 

cases I'eported favorably. If we go into this clas that is subject to dis- cu ion and delay we shall probably not get the others through, and we 

can put out of the way those cases that are reported favorably in a very 

little while and then go back to these. 

Mr. BLAIR. These are cases which have been called up many times, 

and the unopposed and uncontested cases will go through as a matter 

of course as fast as they can be called. 

The PRESIDENT rn·o tempore. Is there objection to the Senator 

from New Hampshire debating this motion? The Chair hears none. 

.Mr. BLAIR. I only wish to observe that several cases of which t#Js 

is ?ne have been lingerin~ .all winter, and since! endeavored to call up 

thiS ca e yesterday· mornmg one of the members of the committee--

}!r. FRYE. Did the Chair ask if there was objection to this debate? 

I did not hear the question asked or I should have objected very 

promptly. 

The PRESIDEL~T pro tempore. The Chair called for objection and 

paused. 

}!r. BLAIR. I shall only observe that these cases are substantially 

reported favorably by the assent of one member of the committee affirm-

_atively, he constituting a majority. I wish the question put to the 

Senate. 

T~e PRESIDENT pro tempore. The question is on agreeing to the 

motwn of the Senator from New Hampshire. 

The question. being put, there were on a division-ayes 9, noes 12; no quorum voting. 

Mr. BLAIR. The yeas and nays might as well be taken. 

The yeas and nays were ordered, and the Secretary proceeded to call 

the roll. 

Mr. PENDLETON (when his name was called). I am pahed with 

my colleague [Mr. SHERMAN] who left the Chamber a few moments 

ago. I do not know how he would vote if present, and I withhold 

my vote. 

The roll- call having been concluded, the result was announced -yeas 

36, nays 13; as folJows: . YEA8-36. ' 

Bayard, 

Aldrich, 

Beck, 

Blair, 

Brown, 

Butler, 

Call, 

CameronofPa., 

Cameron of Wis., 

Bowen,. 

Dolph, 

Frye, 

Harrison, 

Coke, 

Conger, 

Edmnnds, 

Farley, 

Garland, 

Groome, 

Hampton, 

Harris, 

Ingalls, 

Jonas, 

Jones of Florida, 

Kenna, 

Lamar, 

McMillan, 

Maxey, 

1\liller of Cal. , Morgan, 

Palmer, 

NAY8-13. Jones of Nevada, 1\fitchell, 

Lapham, 1\Iorri!J, 

Manderson, Plumb, 

1\li!Jer of N. Y., VanWyck, 

ABSENT-27. 

Allison, Fair, Hoar, 

Anthony, George, Jackson, 

Camden, Gib on, Logan, 

Cockrell, Gorman, McPherson, 

Colquitt, Hale, Mahone, 

Cullom, Hawley, Pendleton, 

Dawes, Rill, Pike, 

Platt, 

Pugh, 

Ransom, 

Sawyer, 

Sewe!J, 

Slater, 

Vance, 

Vest, 

Voorhees. 

Wil on. 

Riddleberger, 

Sabin: 

Saulsbury, 

Sherman, 

Walker, 

Williams. 

So the motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill (H. R. 103) granting a pension . to Theresa Crosby Watson. 

The bill was reported from the Committee on Pensions with an amendment in line 7, after the words ''rate of,'' to strike out '' fifty '' and insert "thirty;" so as to read: 

And to pay her a pen ion at the rate of $30 a month . 

Mr: BLA:-IR. I stated that there is a maJority report now in favor of 

the bill as It came from the House, by the assent of one member whohas changed his.former position. 
·' 

1884. 

Mr. VAN WYCK. I did not understand the statement o e Senator from New Hampshire. There is so much noise in the Hall that it is 

impossible to hear. 

Mr. BLAIR. Let the statement be understood as applying to this ·and all cases of this class that by conference among the members ofthe 

Pension Committee who are now in the city it is ascertained that a mar jority of the members would, if the bill is recommitted and formal action 

taken, report it favorably as it came from the House. We would report 

the bill without amendment. 

Mr. V .A.N WYCK. May I ask the Senator how this bill was reported 

by a majority of the committee at the time it was reported? 

Mr. BLAIR. That is matter of record. I said that by a vote so close that achangeof one vote changes it from a minority to a majority; 

this bill now, if recommitted, would be reported by a majority of the 

committee in the city with a favorable report. 

Mr. V .A.N WYCK. In order to ascertain what the majority of the 

committee reported I ask that the report be read. 

The PRESIDENT pro tempore. The Chair can state to the Senator 

from Nebraska, if that is all he desires, that the report of the committee was in favor of amending the amount of the pension standing in 

the House bill at $50 to reduce it to $30 a month. That was thereporta>f the committee, and the question now is on that amendment. 

M:r. V .A.N WYCK. Now, with a view to ascertaining the facts in 

this caseand its merits, in order that the Senate may fully understand 

the matter, I ask that the report of the committee be read, setting forth 

the facts. 

The PRESIDENT pro tempore. ·The report will be read. 

The Chief Clerk read tl1e following report submitted by Mr. BLAIR, 

June 18, 1884: 

The Committee on Pen ions, to whom was referred the bill (H. R. 103) gran~ 

ing a pension to Theresa. Cro by Watson, widow of .James l\1. Watson, late a. commodore in the United States Navy, having considered the same, report it favorably, and recommend its passage with the following amendment: Strike out the word'' fifty," in the seventh line of the bill, and insert instead thereof the word" thirty." The claimant is the widow of .James H. Watson, late a commodore in the United States Navy. The officer died of heart disease April17, 1873, at which time he was on the retired-list. The widow applied to the Pension Office, but the claim was r ejected on the ground that there was no evidence of disability 

prior to .July 27, 1868, while the officer was in actual service. This bill, granting a. pension of $50 a month, has passed the House of Repreentatives, and the report of the House committee is as follows: "Commodore .James l\1. Watson entered the United States naval service in 1823, and remained in said service until1873, when he died in Vallejo, Cal. His health was seriously impaired in 1854, when, in command of a man-of-war, the Fulton, he was exposed to' a. severe storm producing an attack of pneumonia, 

which, there is reason t-o believe, ultimately caused his death. His service was long and fuithful and meritorious. His widow is now in the decline of life, and solely dependent on her exertions for support. We can see no reason why she should not receive the same pension that has been allowed in many other simi- lar cases by special act of Congress to the widows of officers of the Navy of &imilar rank. The committee therefore recommend the passage of the bill." To this report may be added the fact that l\!rs. Watson has suffered for five years from fracture of the right hand, which has never healed, so that she is perma- nently disabled and suffers severely with nervous prostration. She is entirely without property, and without relatives or friends who can contribute to her upport. Commodore Watson was a native of Virginia, of the family of Richard Henry Lee, who signed the Declaration of Independence, and many of his an- cestors fought in the Re•olutionary war. The father of 1\1rs. Watson was a naval officer, and was killed in the Mexican war. There are many precedents for favorable action on this bill. Where the offi- cer held the rank of commodore we find the names of .James H. Frailey, Charles S. MaCauley, Isaac McKeever, and others, comprising ten or twelve in ta.nces where pensions are being paid to their widows. This case is stronger than in mo t instances where pensions have been granted by special act to the widows of naval officers of high rank, and we recommend the passage of the bill. The majority of the committee is, however opposed to granting the pension in this case at higher rate than that allowed under the general laws, it being their opinion that there should be no increase in this and like cases unless by virtue of a general act. 

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

amendment reported from the Committee on Pensions. 

Mr. PLUMB. ·There are one or two facts in this case that ought to 

be stated which are not contained in the report as I understand. .A. 

portion of this report reads: 

To this report may be added the fact that Mrs. Watson has suffered for five years from fracture of the right hand, which has never healed so that she is permanently disabled and suffers severely with nervous prostration. 

If that is pe~ent to be stated (which I doubt very ma~rially, be- cause the penswn to widows as a rule does not relate to their condition 

at all but to the services of their husbands) I think it also ouuht to be 

stated that this lady is· in the employ of the Government as ; clerk in one of the Departments. That ought to be stated not only because it 

is a fact to be considered in connection with the other facts stated but 

because it qualifies what is here stated as to her disability. ' . 

I have opposed the passage of bills of this kind heretofore, and may as well say once .tor all what I have to say about cases of this kind. 

This is a person who is not within the general rule in regard to the allowance of pensions to widows. In other words, the :Pension Office 

wa unable to find, and it is not here stated, that Commodore Wat on died by reason of disability incurred in the line of duty. Therefore 

any. pension to his widow is purely a gratuity in the broadest and most 

emphatic sense of that term. 

The simple fact that this lady's husband was a commodore in the 

Navy and receiving a large salary as such commodore is not of itself, 

RECORD-SEN ATE. 6019 

I take it, a ground for any benefaction on the part of the Government 

to any of his survivors; butthe House has pas ed a bill fixing the pension at $50, and the Senate committee propose to reduce it to 30, and 

I understand the Senator from New Hampshire who propo es the bill 

for consideration now desires that the Senate shall 1hll to adopt the 

amendment. Of course $50 amonth is not going to bankrupt the Treasury; but if you were to apply this rule to all meritorious widows-that 

is, to women who are widows of persons who have died in the service or who have died since the service-it would take a ve.ry large sum of 

money; but the objection I have is not to that, but it is to the fact that we single out the least meritorious of all this class of people and give 

them pensions, while we practically, and not only practically but persistently, deny pensions to others who are more meritorious. Every Senator from the West especially, and I think every Senator, gets letters 

from widows who are poor, whose poverty is the result of the service 

of their husbands in the .A..rmy. There is not a week that I do not get 

such letters from widows on the borders of Kansas, and the tales they 

relate of their poverty and the distressing circumstances by which they 

are surrounded, and for which there is no relief, would be enough to move me, as I think they would ordinarily move the Senate to grant 

them pensions; but cases of that kind get no consideration from Congress. But the women who are related to Richard Henry Lee or to men of that kind, and so are presuma,bly patricians, blue-blooded people, 

people who belong to the class that have heretofore had everything,. 

and therefore ought to continue to have everything, :find a sentiment 

here in the committee and in Congress which enables them to getJ four or five times what anybody else can get and sometimes even to the exclusion of .others . 

.Mr. SEWELL. Will the Senator allow me to interrupt him at that 

point? I simply want to correct a wrong impression that may be made 

by the remarks of the Senator. The Senate has done its part to increase 

the pensions of all widowa within a few days. 

Mr. PLU~ffi. It has increased them to $12 a month. 

Mr. SEWELL. That is 50· per cent. over what is now allowed. 

)ir. PLUMB. The question of percentage is very important in a banking-house, but to a person with an empty stomach it is of very 

small account. This means that the widows of the men who carried 

the flag of this country on the battle-fields of the last war, and who 

saved the country, and who incurred the disability inthe line oftheir 

duty which carried them to an early grave, get no consideration at the 

hands of the Senate, or of Congress, comparatively; and yet we are yielding to personal solicitation in passing bills of this kind, giving large 

amounts to women whose husbands lost nothing by service in the Army or theN a vy, who were fed and clothed at the expense of the Government, 

and at great expense, receiving high salaries, and who have no claim of 

any kind or description whatever upon the country by reason of any rule 

which we have adopted as applicable to the survivors of the last war. Mr. Presitlent, this is as I think an offense. It is a direct slap in the 

face, if I may so say, to all the meritorious class of people who are not 

in proximity to Congress and who do not-.possess the social qualifi~ 

tions and the blue-blooded connections which enable them to reach the 

too susceptible heart of the average legislator. 

There is nothing in this case of suffering, there is nothing in this 

case that appeals to anyone's specialsympathy. Here is a person who 

is already earning in the employ of the Government a living, and it is 

proposed without any warrant to constitute her a class by herself, in 

violation of all the laws, of all the rules that apply to all the other 

widows except the widows of rear-admirals and of major-generals, who 

receive so much consideration here, for the purpose of giving her 50 a month, when the widow of a private soldier who lost his life in the war or as a result of the war can get but $12 at the very outside. 

For one, I would not be willing to go back to the people whom I in 

part represent on this floor, so large a portion of whom are ex-soldiers 

and their widows, if I ever gave countenance in the slightest degree to 

this kind of reflection upon them and upon their deservings. It has 

the tendency-too much marked now-to build up a class. It is in direct violation of the entire spirit of the Government. The theory of 

this Government is that equal opportunity belongs to every one, and 

that with equal opportunity must come equal burdens, and that every one must stand the chances in the strife of life in which he has equal 

opportunities, and that legislation shall not be invoked to build up one man or one set of men or one class of persons against all the rest. 

That is just what we are doing. The accident that the woman was the 

wife of a rear-admiral, himself in receipt of a salary sufficient to keep 

him in comfort and in stJle, constitutes in itself an appeal to Congress, as it seems, an effective appeal, to give more, although that husband 

might with a decent degree of economy have left something for his 

family. 

But when we come to apply that rule to the widow of a man who 

was poor when he went into the Army, who e poverty was aggravated 

by his service, and who incurred a disability in the line of his duty 

which carried him to his grave, because forsooth she does not come from this governing class she is refused any relief whatever, or. else we give a pittance which does not even enable her to eke out a miserable 

subsistence. Again t this and all similar bills I protest, and I do it 

in the name and in the behalf of the worthy people who are slighted 
602{) CONGRESSIONA·L RECORD-SENATE. JULY 4, 

by such legislation and who are not receiving the attention at the hands I the pension to $50. Where the service startled us by its brilliancy, as of Congress that they should. a tribute to or recognition or acknowledgment of the great service of 

Mr. VANWYCK. This question assumes importance at this time the person, his widow was allowed to receive $50 per month. That 

from the fact that there are very many cases before the committee, most was the theory, and so it continued for a little while until the door 

of which I think have been acted upon, the result in regard to which kept opening wider and wider, and at last we not only got it wide open 

must necessarily be determined by the Tesult in this case. I think but fastened back and n,ll inrited to enter, so that there should be n~ there are forty or fifty such cases. unjust discrimination. When these cases arose at this session, without 

fr. BLAIR. Oh, no. saying what was the action of the committee, I can say that some SenMr. VAN WYCK. The clerk of the committee informs me not less a tors thought it about time that there should be some fixed law upon 

than forty. the subject. If it is well that the pensions of all persons in that rank 

lr. BLAIR. That is an entire mistake. There may be that num- should be increased toS50 a month, let us say so by agenerallaw. Thereber of applications for increase, but there are not that many of this fore it was that your committee thought that special legislation should 

class. be put a stop to, and that the subject should come up in the s.hape of 

Ir. VAl~ WYCK. I do not object to the Senator interposing. I a general law, for it amounts to that. 

want to be correct. Now, every person who dies with high rank in the Navy has rendered 

Mr. BLAIR. I have marked all thn.t :-rre upon the Calendar. There meritorious service; and necessarily so, because there is no position or 

are the cases of Lucy Lee G. Jeffers; or Mrs. MaryT. Barnes; the case occupation in life so healthy as the Navy, and the services of its officers 

now pending; that of the widow of Rear·-Admiral Edwardl\fiddleton, are meritorious because they live long enough to go through all ranks 

a descendant of a signer of the Declaration; that of Fannie S. Beau- until they reach the highest. So there come to be octogenarians in the 

mont, the widow of Rear-Admiral Beaumont; that of the widow of Navy, and very many grow to be commodores necessarily, and the result 

Jl.bjor-General Foster; that of the widow of Capt. Robert F. R. Lewis; is that there is a record of which the widow certainly has a right to be 

that of Julia T. Scott, widow of Gust.'l.vus H. Scott, late a rear-admiral proud. Then that record of long service is presented to Congre and 

in the United States Navy, and for forty-six years in the active service; appealed to to show that there was meritorious service. The startingthe case of l\Iary M. Ord, widow of Maj. Gen. E. 0. C. Ord; that of point has been departed from in opening this wide door, so that to-day 

the widow of General Mower, Betsy A. '1\Iower; also that of the widow we have, I suppose, the widow of every deceased commodore and rearof General Isaac P. Rodman; and one was reported this morning, the admiral in the Navy on the pension-list, because, most remarkable of 

widow of Commodore tribling. Counting that there will be fourteen all things, in the case of every commodore and rear-admiral, though he 

cases in aJl. One of these has been passed by the Senate; that is, it reaches the age of 80 years and dies peacefully in his bed from old age, 

was understood to have passed until this question touching the popular there is not the least difficulty in the proper Department in Washingfeeling was raised. Nearly all of them are cases of the widows of emi- ton finding proof, and the Navy can furnish it, that the disease of which 

nent naval officers who were in the ervice for life, and whose pensions, he died was .contracted in or incident to the service. And if a commaif paid at all, come out of the accumulations resulting from their own dore or rear-admiral dies in November, his widow can get a pension 

services, to wit, the 40 per cent. from the prize-money which is the. about a month after, some time in December. 

property of the United States by virtue of the gallantry of these men. I do not speak of this complainingly. It may be all right; possibly 

1\ir. SHERMAN. I ask the Senator from New Hampshire if he pro- it is. A man dies from disease, but the law does·not contemplate that 

poses that we shall withhold action on the great m-qltitude of private his widow is pensionable merely because her husband dies of disease; 

pensions due to soldiers and their widows, pensions for $8 or $12 a otherwise there would be no necessity of making a discrimination in 

month, in order to pass upon the controverted cases of these ladies, the law and asking the Department to ascertain the faet that the huamaBy of whom I know, and I believe I shall vote for all of them? But band died from a disease incident to or contracted in the service. The 

I think we ought to give the unobjected cases the floor, the advantage, record shows that no matter how a man may die there is no trouble 

and clear the Calendar of them; and then take up these cases, and I in finding proof that he died of disease incident to the service if he was 

will vote for probaaly all of them. a commodore or rear-admiral. 

Mr. BLAIR. This case will settle them all. There is no occasion Mr. BLAIR. I would inquire of the Chair whether this debate is 

for any debate, because there are no other facts that will be pertinent under the five-minute rule? 

in any other case which are not involved in this case. The other cases The PRESIDING OFFICER. This bill was taken up by vote of thf' 

will pass as a matter of course as they come along in their order, and Senate, which relieves it from the five-minute rule 'in the ,opinion of 

the Senator from New Hampshire originally undertook to have them the Chair. If it had come up under Rule VIII the debate would have 

-all taken up and all disposed of at the same time. I do not imagine been limited to five minutes. . that there will be any occasion to complain for theywill all getthrough Mr. VANWYCK. I wish the Senator from New Hampshire had 

if we only consider them. thought of that before he finished his remarks. 

Mr. WILSON. I move that this bill be informally laid .aside, and Mr. BLAIR. The suggestion was made by a Senator near me, and 

that the Senate proceed to the considerationofunobjectedpemioncases I desired to limit the Senator from Nebraska, if I could, to the fiveon the Calendar. minute rule. 

The PRESIDING OFFICER (Mr. HARRIS in the chair). The Senator M~. VAN 'YYCK. I probably co~d have said as much as was neces- from Iowa asks unanimous consent of the Senate that the bill under con- sary m five mrnutes, but I thought It necessary to answer all the sugsideration be informally laid aside, and that the Senate proceed to the gestions of the Senator from New Hamps~e. . Th~t was t~e di:fficul ty. 

consideration of unobjected pension cases favorably reported. Is there Mr. BLAIR. I have not spoken five mrnutes this mormng. 

objection.? The PRESIDING OFFICER. The Senator from -Nebraska is enti-

.Mr. HILL. During the morning hour, I suppose. tied to the floor. 

Mr. VOORHEES. I object. This case has-been taken up. Let it Mr. VAN WYCK. These special cases are for the benefit of widows 

be disposed of. of officers of hi~h r~~· prin?iP~Y in the Navy, which_! say is a very 

Mr. V .A.N WYCK. If the Senator from Indiana has a. suggestion healthy occupation mlife ordinarily; ~d y~t, strangeas1tmay appear, 

to ma.ke I will hear hiru, but I thought I was entitled to the floor. whenever a cc;>mm~ore o~ a rear-admiral dies, no mat:ter how old, the 

The statement of the Senator from New Hampshire and the reading Department 18 easil;r satisfied about. proof on ~hat pomt, and. th~ fact 

of the titles of a number of bills on the Calendar do not contradict can always be establiShed that the disease causmg death was mCldent 

the statement I made. I stated that t'here were before the committee to the service, and so his widow is placed on the pension-roll at $30 a forty or more cases precisely similar to this, where it is asked that month. ~en the next thing is _for the widow to come knocking at 

there shall be an increase from $30 to $50 per month. The Senator t?e doo~ o! Congress for an extens10n .f!o~ $30 to $50. Now, the qu~­

read from the Calendar showing that some such bills have been re- tion whlC:b- we .are to meet and determrne IS, Shall that be made apphported, ·as they have been. The other cases are lying in committee· ca.ble to the thir~-dollar cases? If so, let uspassagenerallaw_toth!l't 

and have not as yet received the action of the committee; but the im- effect 3;fid ~ettle I_t, because our ~le~dars are now encUII_lbered wrth _bill 

portance of this case depends upon the fact that there are upward of after billm spec1al cases of this kind. We have no time to consider 

forty other similar cases. If the Senator from New Hampshire desrres them. . . . . to I'ead them, here they are; I will give him the list. There are over I do not ~esrre or expect to be able to make a s:nggestion which will 

forty widows asking that their pensions be increased from $30 to $50. change the Judgment of any Senator.. I only d~rre that we shall unIt is true this has been done in the past, started probably wrong in the ders~nd ~he extent and force of thiS case which we now have under 

first place; but the theory was, as the Senator from New Hampshire consideration, because there are at least- . . understands, that where there was exceptionally brilliant service the . ~he PRESIDING OFFI<?ER. The hour of 1 o'clock havrng an;ved, 

larger rate should be allowed. That was the expression; brilliant serv- It ~ the duo/ o~ the ~ll' to lay before the _Senate the un:fimshed 

ice was the justification in the first pla-ce for transgressing the law of busmess, which 18 the bill (S. 2Q22) to establish a postal telegraph 

Congress. Congress enacted a law in its liberality recognizing differ- system. ORDER OF BUSINESS. ences in rank. 

Our pensi9n laws, unjustly in some instances, at the outset fixed the 

pension of officers of high rank at $30 a month. So they remained 

until permission was given to break that down· where the husband's 

services had been specially brilliant. That was the ground for raising 

Mr. WILSON. I ask unanimous consent that the present order of 

business may be infoi'Jll.ally laid aside and that the Senate proceed to 

the consideration of the pension cases reported favorably and unobjected to. 
• 

1884. CONGRESSIONAL RECORD-SENATE. 6021 

. The PRESIDING OFFICER. Is there objection to the request of 

the Senator from Iowa? . Mr. BLAIR. I desire that the regular order shall be laid aside informally in order that all the pension cases may be disposed of at this 

time. It is very evident to me that the::;e particular cases are receiving 

exceedingly unfair treatment at thehandsoftheSenate. I have stated 

in regard to them that they have been kicked and buffeted about here 

either in committee or in the Senate for nearly the entire session; and 

I have a feeling that many of these widows are being wronged, and will 

be still more wronged and almost abused, if we fail to act upon these bills 

at the present session. This talk about laying them aside for the purpose of aeting upon the unobjected cases, if it means anything, is simply 'that by these being laid aside and the other cases acted upon they 

shall not be touched at all. 

The PRESIDING OFFICER. Debate proceeds by unanimous consent. 

Mr. BLAIR. It will takenomoretimetogothroughwith the whole 

than it will to take :first one part and then the other, and I desire that 

we may complete the whole, which we may do very readily in a short 

time by going on regularly. 

The PRESIDING OFFICER. Is there objection to the request of 

the Senator from Iowa? 

.Mr. FRYE. I should like to say just one word. 

The PRESIDING OFFICER. If there be no objection, the Senator 

.from Maine will proceed. 

Mr. FRYE. I imagine there is noSenatoron thisfloorwho doesnot 

know the difference between a $30 pension and a $50 pen~ion to the 

widow of a rear-admiral or a commodore or a major-general,-and there 

would be little or no objection if we could pass upon these bills without 

an eternal disc~on the last day that we have to do any business; and 

the objection arises from an attempttodiscnss all these questions without limit. 

GE..~.A.L OOURTS-MARTIAL. 

Mr. LOGAN. I ask leave at this t.ime topresentaconferencereport. 

The PRESIDING OFFICER. The Senator from Illinois presents at 

this time a report from a committee of conference. The Secretary will 

read the title of the bill and then the report of the committee. 

The Chief Clerk read the title of the bill {H. R. 5709) to amend article 72 of the Rules and Articles of War. 

The report was read, as follows: 

The committee of conference on the disagreeing vote6 of the two Houses on the amendments of the Senate to the bill (H. R 5709) to amend article 72 of the 

Rules and .Articles of War, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate 

numbered 1, as follows: In line 3, after the word "Army," insert the words" a territorial division or a department;" also number 2, in line 5, strike out" courtmartial," and insert the words" courts-martial; " an~ 1!Ne ..A.U: i};G"fNe. 

JOS. R.H..A.WLEY, 

B. B. MAXEY, 

The report was concurred in. 

Jfatnagers on the part of the &nate. 

W. S. ROSECRANS, 

R. M. MURR..A. Y, 

T. LYMAN, 

Managers on the part of the House. 

ORDER OF BUSINESS. 

The PRESIDING OFFICER. The Senator from Iowa (Mr. WILSON] 

asks unanimous consent that the nn:finished business be informally 

laid aside, in order that the Senate may proceed to the consideration of 

unobjected pension bills upon the Calendar. Is there objection? 

Mr. VOORHEE<3. I object until we finish the case we have been 

considering. 

Mr. HARRISON. I hope my colleague will withdraw his objection. This case is one that invokes discussion and delay. 

Mr. VOORHEES. I do not see why it should. 

Mr. HARRISON. But it does. I am not speaking of the reason of 

it. It bas for two successive times that it has been called up caused 

discussion. Why not get the other cases out of the way? They are 

quite as meritorious as this. They are unobjected to. In the time we 

are spending on this case we can relieve :fifty cases just as meritorious 

:lB this. I am snre my colleague would not let his objection stand in 

the way of considering some of those cases if he knew the facts that I 

do about them. 

Mr. CAMERON, of Wisconsin. I think a vote can be had on this 

case at this time without further discussion. I think the friends of 

·the bill are anxious for a vote. Let us try it. 

Mr. BLAIR. I ask that the pending order be laid aside informally, 

and that the Senate proceed with the consideration of the bill {H. R. 

103) granting a pension to Theresa Crosby Watson. 

The PRESIDING OFFICER. The Senator from New-Hampshire 

asks unanimous consent of the Senate that the unfinished business be 

informally laid aside in order that the Senate may proceed with the 

considemtion of the bill which was under consideration when the un- finished business was laid before the Senate. 

Mr. WILSON. I shall object to that unless we can proceed to have a vote on the case. If it is to be further discussed I must 9bject.• In 

the time that this bill has occupied we could have disposed of every 

unobjected case on the Calendar. 

The PRESIDING OFFICER. Is there objection to the request of 

the Senator from New Hampshire? 

Mr. WILSON. I object, unless a vote can be taken now on the 

bill. 

The PRESIDING OFFICER. The request is objected to. 

Mr. BLAIR. I do not propose to debate it at all. 

Mr. SHERMAN. Regularorder. 

Mr. BLAIR. I understand that the Senator from Iowa does not object, if we proceed to a vote. 

Mr. BUTLER. I move that all debate upon this proposition . and 

all other propositions to come before the Senate at this session be limited to five minutes by each Senator. 

Mr. SHERMAN. That can not be done. 

Mr. INGALLS. Except on an appropriation bill. 

1\Ir. BUTLER. We have wasted an hour and a halfthismorningin 

idle and useless discussion. 

Mr. BLAIR. I ask for a vote on the bill without any further discussion, so far as the friends of the bill at least are concerned. 

The PRESIDING OFFICER. The motion oftbeSenator from South 

Carolina is not in order. The resolution of the Senate as to a limitation of debate applies only to appropriation bills. 

Mr. BUTLER. I should like to make it in order if I had the power. 

The majority of the Senate could make it in order very quickly . 

Mr. FRYE. By unanimous consent. 

Mr. BUTLER. Unanimous consent can make it in order, Mr. President. 

The PRESIDING OFFICER. The bill is before the Senate as in 

Committee of the Whole and open to amendment. 

Mr. INGALLS. What became of the regular order? 

The PRESIDING OFFICER. The regular order is the bill the Chair 

is referring to as before the Senate. The bill, the Chair is informed 

by the Secretary, has not yet been read. The bill w!ll be read. 

Mr. BLAIR. May I renew my request for unanimous consent to 

proceed with the consideration of the pension bill? I will say in behalf of the friends of the bill that I desire there shall be no further discussion, but simply a vote. I understood the Senator from Iowa to 

withdraw his objection·if there could be a vote taken. 

Mr. V .AN WYCK. The facts have not been aJl stated, for within 

a few moments the Senator from Ohio asked for a pertinent fact in this 

case of which he had no knowledge, which was that this person is not 

upon the pension-roll. The Department have determined that she is 

not pensionable. The Senator from Ohio was not aware of that fact. 

I desire that the facts shall all be stated, and then let the Senate .ex- press their opinion as to what should be done. 

Mr. WILSON. That simply opens the door to further disc~on. I 

hope the Senator from New Hampshire and the Senator from Indiana 

will allow us to proceed to the consideration of unobjected pension 

cases. I renew my request for unanimous consent that the present 

order be laid aside and that we proceed to the consideration of cases 

reported favorably and unobjected to. 

.Mr. BLAIR. That request bas been objected to. If the request 

which I made is objected to, as I understa:ad it to be, I desire at this 

time to move that the regular order be informally laid aside, and then 

I shall move tha.t the Senate proceed with the consideration of House 

bill103, granting a pension to Theresa Crosby Watson. 

The PRESIDING OFFICER. Does the Chair understand the Senator to submit a motion? · 

Mr. BLAIR. I do. 

The PRESIDING OFFICER. Will the Senator please restate his 

motion? 

Mr. BLAIR. I move that the Senate proceed to the consideration of 

the bill (H. R. 103) granting a pension to Theresa Crosby Watson. 

The PRESIDING OFFICER. The Chair holds that that motion is 

not in order. It is in order for the Senator to move to postpone the 

consideration of the pending measure until to-morrow, or indefinitely, or until any specific time. 

Mr. BLAIR. That has be~ laid aside informally. 

The PRESIDING OFFICER: It has not been laid aside informally, 

but is before the Senate. 

Mr. BLAIR. I wish to make a parliamentary inquiry. Is it proper 

to include in the motion the proposition to lay aside the reooula.r order 

until the pension cases are disposed of or until some definite thing shall 

be done, and to proceed with this particular case? 

The PRESIDING OFFICER. The motion in that form would not 

be in order. It is in order to move to postpone the consideration of the 

pending order, and when that is done it will be in order to move to 

proceed to the consideration of the bill indicated by the Senator. 

Mr. BLAIR. Then I move that the regular order be laid aside. 

The PRESIDING OFFICER. That motion is not in order; but it is 

in order to postpone the pending bill. 

Mr. BLAIR. I move that it be postponed. 

The PRESIDING OFFICER. Until what time? 

Mr. BLAIR. I do not wish to postpone it until to-morrow, but simply until this case and other pension cases on the Calendar shall be 

considered . Mr. INGALLS. That is not in order. Say until 3 o'clock. 

The PRESIDING OFFICER. If the Senator will indicate a speci.1i.e 
6{)22 CONGRESSIONAL RECORD-SENATE. JULY 4, 

time to which he moves to pospone his motion will be in order; but 

it is not in order unless he does. 

Mr. MORRILL. I hope the Senator from New Hampshire will 

agree to the proposition of the Senator from Iowa, as it is obviously 

the sense of the Senate that we should proceed to consider the unobjected cases on the Calendar in relation to pensions. This one case has 

taken up all the day thus far. I hope the Senator from New Hampshire will yield to what appears to be the sense of the Senate. 

1\fr. BLAIR. I do not think that that is the sense of the Senate. 

l\1r. HAWLEY. Take a vote on it and see. Mr. BLAIR. I move that the regular order be postponed until 3 

o'clock, and I give notice that if it is postponed I shall then move to 

take up House bill 103. 

l\Ir. MORRILL. And I give notice thatifthatmotion is-voted down 

I shall then move to take up the unobjected pension cases on the Calen<br. 

The PRESIDING OFFICER. The· Senator from New Hampshire 

moves that the further consideration of the pending bill be postponed 

until 3 o'clock to-day. 

The question being put, there were on a division-ayes 28, noes 19. 

l\Ir. SHERMAN. I ask for the yeas and nays. 

The yeas and nays were ordered; and being taken, resulted-yeas 

35, nays 18; as follows: YEAs-3.5. 

Aldrich, 

Bayard, 

Beck, 

Blair, 

Brown, 

Butler, 

Call, 

Cameron of Pa., Cameron of \Vis., 

Bowen, 

Frye1 HarriS, Harrison, 

Hawley, 

Coke, 

Colquitt, 

Conger, 

Cullom, 

Dolph, 

Farley, 

Garland, 

Gib on, Gorman, 

Groome, 

Hampton, 

Jonas, 

Jones of Florida, 

Kenna, 

Lamar, 

Logan, 

1\'Ianderson, 

1\laxey, 

NAYS-18. 

Hill, 

Ingalls, 

JonesofNevada, 

Lapham, 

Morrill, 

Palmer, 

Plumb, 

Saulsbury, 

Sawyer, 

Sherman, 

ABSENT-23. 

Allison, Fair, McPherson, 

Anthony, George, 1\Iahone, 

Camden, Hale, Pendleton, 

Cockrell, Hoar, Pike, 

Dawes, Jackson, Platt, 

Edmunds, McMillan, Ransom, 

o the motion to postpone was agreed to. 

THERESA CROSBY WATSON. 

Miller of Cal., 

1\filler of N. Y., 

Mitchell, 

Morgan, 

Pugh, 

Vance, 

Vest, 

Voorhees. 

Slater, 

VanWyck, 

Wilson. 

Riddleberger, 

Sabin, 

Sewell, 

Walker, 

Williams. 

Mr. BLAIR. I now move that the Senate proceed to the consideration of the bill (H. R. 103) granting a pension to Theresa Crosby Watson. 

The PRESIDING OFFICER put the question and declared that the 

noes appeared to prevail. 

Mr. BLAIR. I ask for a division. 

Mr. WILSON. Is the motion susceptible of amendment? 

The PRESIDING OFFICER. The motion is not amendable. 

1t!r. WILSON. Pending the motion, I renew my request for unani-

:mous consent that we proceed to the consideration of the unobjected 

·pension cases on the Calendar. 

The PRESIDING OFFICER. While the Senate is dividing the Chair 

thinks be can not even entertain the request of the Senator from Iowa 

for unanimous consent. The Senator from New Hampshire demands 

a division. 

On a division the ayes were 31 and the noes 20. 

So the motion of Mr. BLAIR was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. 103) 

_granting a pension to Theresa Crosby Watson. 

Mr. INGALLS. I ask that the bill may be read. 

·The PRESIDING OFFICER. The bill will be read. 

'The Chief Clerk read the bill. 

"The PRESIDING OFFICER. The q: estion is on agreeing to the 

amendment recommended by the Committee on Pensions, in line 7 to 

strike out "fifty" and insert "thirty;" so as to read: 

And to pay her a pension at the rate •f $30 a month. 

Mr. SHERMAN. I know nothing about this case except what has 

been stated in the report and what has been stated on the floor of the 

Senate. From tbesestatementsitappears that this lady is not entitled 

under the general pension laws to a pension of any amount whatever; 

that her husband did not die in the service; that he was not wounded 

in the service; that he was not disabled in the service. He died at a 

mature old age, leaving a widow; and under those circumstances the 

widow is not entitled to a pension. The committee propose to grant her a pension of$30a month, about fourtimestbeamountofpensiongiven fu the widow of a dead soldierwho died on the field of duty. Besides 

.ihatit appears that she is in theemploymentoftbeGovernment. The .case is put on special grounds, as she isnowreceiving asalaryfrom the 

,Government. To put ahead of all the rest the case of a lady who by 

the law is not entitled to a pension at all, and to grant her a pension of 

$30 or $50 a month, as is proposed, is a marked injustice. 

I am not disposed to vote for the bill, although I do not care about 

consuming the valuable time of the Senate at this period of the ession. 

There are some other ca es that I am very anxious to vote for, but it 

does seem to me that this case should not be thrust forward ahead of 

all the cases on the Calendar, consuming so much time as it has. She 

is a l~dy now in the employ of the Government, the widow of an officer 

who died full of years, without wounds or disability, and it is propo ed, 

as a single isolated case thrust forward, to give her a pension of 50 a 

month, when we have only given to the widows of our dead soldiers 

who died on the field of duty $12 a month and when those disabled in 

the service receive only 8 a month. I am opposed to the passage of 

the bill. 

Mr. VOORHEES. Mr. President, I am not at all responsible· for 

the order m which these cases are brought here. nor have I any desire 

to thrust one case in advance of another. There are perhaps a dozen 

cases somewhat similar to the one we are now considering. 

Let us look for :1 moment at this case and see whether it is open to 

the criticism m..'l.de by the Senator from Ohio [Mr. SHERMAN] and, 

at an earlier stage of this debate, by the Senator from Kansa [Mr. 

PLUMB]. 

I belifw·e it is not generally understood or called to mind that there 

is a separate naval pension-fund in the Government which has been 

accumulated by the valor, exposure, and hardships of just such men 

as Commodore Watson was. This man, who e aged widow is asking 

for a pension, entered the servir.e of the country in 1823. Before onehalf the Senators on this floor were born he was serving the country, 

and for more than :fifty years he honored that service. 

It is said that this old lady has a desk in some one of the Departments where she is earning her living. It is a miserable fact, if it is 

a fact, for the report which lies before me shows that in addition to age 

and the infirmities of age she has a broken arm to contend with as she 

struggles from hour to hour and from dayto day for her subsistence in 

one of the Departments of the Government that her husband served so long and so welL 

Let us look at the record a little while instead of talking outside of 

it as much as bas been done: 

Commodore Jamesl\1. Watson entered the United State naval service in 1823, and remained in said service tilll873, when he died in Valejo, Cal. His health was seriously impaired in 1854, when, in command of a man-of-war, the Fulton, he was exposed to a severe storm, producing -an attack of pneumonia, which, there is reason to believe, ultimately cau ed his death. His service wa long and faithfol and meritorious. His widow is now in the decline of life, and solely dependent on her exertions for support. 

If other Senators can look compo edly upon an aged widow of such a 

man exeTting hen>elf day after day for the bread of life I can not, and I 

thank God that I can not. 

We can seeContinues the committeeno reason why she should not receive the same pension that has been allowed in many ot-her similar ca es by special act of Congress to the widows of officers of the Navy of similar rank. The committee therefore recommend the pa age of the bill. To this report.--

Continues the Senate committeemay be added the fact that Mrs. W a.tson has suffered for five years from fracture of the right hand, which has never healed, so that she is permanently disabled and suffers severely with nervous prostration. She is entirely without property, and without relatives or friends who can contribute to her support. 

This report says that the committee can see no reason_ why she should 

not receive the same pension that has been allowed in many other cases 

by special act of Congress to the widows of officers of the Navy of similar rank. If it were necessary I could read (which it is not, for it is in 

the knowledge of Senators) a list by the score of aged widows who are 

pensioned on the naval fund which has been created by the valor and 

daring of these old naval officers. There is the case of the widow of 

Admiral Goldsborough. Early when I came into this body I was a 

member of the Committee on Pensions, and I was largely instrumental 

in having the bill passed granting her a pension of $50 a month, and 

from that time to this I have understood something of these cases. There 

is the case of the widow of Admiral Paulding, and the widow of Admiral McDougal, who was pensioned at the present session. Widows of 

officers of the Army likewise have been pensioned at the same rate, 

but this principle applies more strongly to the widows of naval officers, becau e they have created a naval pension fund for themselves. 

Let me call the attention of the Senate to the law upon this subject. 

Turning to the Revised Statutes of the United States you will find 

that by section 4750 it is declared that the Secretary of the Navy shall 

be trustee of the naval pension fund. What is that fund? By section 

4751 certain penalties and forfeitures growing outofproceedings under 

the title of public lands are -turned into a n:llval pension fund. That 

is one source. Section 4'752 declares thatAll money accruing or which has already accrued to the United States from sale of prizes shall be and remain forever a. fund for the payment of pensions to the officers, seamen, and marines who may be entitled to receive the same; and if such fund be insufficient for the purpose, the public faith is pledged to make up the deficiency; but if it should be more than sufficient, the urplus shall be applied to the making of further provision for the comfort of the dis- abled officers, seamen, and marines. • 
~ ........................ ----------------------~--~------~~~---------- --~~----~------~------ ~ 

1884. CONGRESSibNAL RECORD- SENATE. 6023 

Section 4753 provides thatThe Secretary of the Navy, as trustee of the naval pension fund, is directed to eause to be invested in the registered securities of the United States, on the 1st 

day of January and the 1st day of July of each year, so much of such fund then 

in the Treasury of the United States as may not be required for the payment of 

naval pensions for the then current fiscal year. 

The rest of this section is devoted to the manner in which the interest shall be collected and paid out. I went to the Navy Department 

the other day, finding that t.here was a wrong construction, as I thought, 

upon the part of many, to see how much money had been acquired by 

these men whose aged widows it is our care and my pleasure to provide for. How much have they there? I hold in my hand a dispatch 

from William B. Remey; the Judge-Advocate-General of the Navy, in 

which he says that thenavalpension-fundamountsto 14,032,000, and 

3 per cent. interest is carried to the credit of the fund every six months. 

This is their money, and I think we can afford to be liberal with those 

whom they have left behind helpless and in want. 

Mr. President, I have said more, perhaps, on this case than I otherwise should have done from the fact that there are two or three such 

<:ases. There is the case of the widow of Admiral Beaumont, who, I 

understand, is in need. The bill has been reported adversly. The 

reason why I objected to taking up merely unobjected cases is that 

there are cases which are objected to which ought to be considered. I 

~mas ready to consider a case that is objected to as an uno~jected 

case; and if there are merits in the case let it be passed upon. There 

is the case of the widow of Admiral Scott, from my own State. Admiral Scott for fifty-four years was an officer of the United States Navy, 

a.nd for forty-six years he was in active service. 

Am I to be deterred by this cry of economy, the cheapest and poorest 

on such subjects as this that could salute my ears, from dealing fairly 

and liberally with those who have really provided their own pension 

fund? I know of no better service on this great day than to t ake up 

the pension Calendar, and take up the objected and unobjected cases 

both, and let us see what is right and just and then do it. The Declaration of Independence has been read here, and I am for reading some 

bills and passing them in behalf of the widows and orphans of those 

who have made the principles of the Declaration of Independence 

known and honored on the high sea and throughout the whole earth. 

Mr. VAN WYCK. I desire to say a word -or two about the theory 

of the Senator from Indiana in regard to this matter. In very much 

that the Senator has said I sympathize. I tis not that I desire to refuse a 

pension of$50a month, if the Senatewishesto grant it, totbewidowof 

every rear-admiral or every commodore in the Navy. Thefactsin this 

case should be stated, and their importance should be made known 

to the Senate, so that a vote may be taken intelligently. This is a 

question which has clogged and disturbed the Committee on Pensions 

during the whole session. Very much time has been spent in the consideration of this question, and finally the determination was that the 

matter should be presented to the Senate, and then a vote should be 

taken upon it, which should determine it. There are some forty or 

fifty applications of a similar nature, and the result of them must depend upon this vote. The House has sent some bills also wherein the 

pensions of captains have been increased from 20 to 50, and they of 

course should folio~ if this policy is thought to be correct. 

If the Senator desires in this case that the pension shall be $50, or 

that in all cases it shall be $50, it would be much better that there 

should be some general law. I have an amendment which I may call 

to the attention of the Senate thus early which I propose to annex to 

the bill so as to reach all widows. As I said, I sympathize with the 

Senator in what he has stated in regard to the payment of sufficient 

pension. I agree with· him in that; but we find time to stop and take 

out of the vortex of legislation cases increasing the pensions to widows 

of this class while the others go by apparently neglected. Therefore I 

propose an amendment, and I desire now to call the attention of the 

Senate to it in advance, which I shall press at the proper time, increasing the pensions of all widows. 

The Senator says that this is not a tax upon the Treasury, and in 

order to establish that he says that there is a pension fund made up 

from certain sources, and among them prize-money. All the resources which make the pension fund are taken from the public, from property 

belonging to the United States. The Navy makes a capture upon the 

high seas. The resUlt of that victory belongs to the United States, except as it bas been dedicated in another way by the Government. 

Prize-money is given, and then a portion is taken to make the naval 

pension fund. While we increa e the pensions of the widows of commodores and rear-admirals and tho e of high rank, my friend will remember that the widows of the sailors who man the gun and who fall 

at the muzzle are as much entitled to consideration and to an increase 

of pension as the widow of the commodore or the rear-admiral. I 

presume he will recognize that doctrine. When I make an assertion of 

that kind, there is no theory in it. Principally the cases which find 

their entrance here and into the committee-room, and in regard to which 

Senators are importuned day after day, are those only of the widows 

of officers of high rank, whose social pmsition may be called into requisition to aid and assist them; and we forget the widows of the oldier 

a.nd the marine, who are entitled to share in this bounty. 

The very rear-admirals of whom my friend speaks have also received 

their reward in the shape of prize-money. In the ca e of Mrs. McDougal the last Congress appropriated, I think, 250,000 as prize-money 

to the officers of two vessels, one of which he commanded, and gave 

the Admiral's widow abont$22,000 in prize-money. Early in the present session a bill was passed increasing her pension from $30 to $50. I 

do not particularly object to that, except I wish all the facts to be stated 

and presented for the consideration of the Senate, and if the Senate 

deem it to be the policy that the pension shall be increased from $30 

to $50 I desire, as a member of the committee and as a Senator, that 

all these cases shall be presented to the consideration of the Senate, 

those reported and those not reported, and that they shall receive the 

same treatment, and also that in other cases where even the pensions 

of widows of captains have been increased from $20 to $50 all shall re- ceive the same consideration. 

The PRESIDING OFFICER (:M:r. HAWLEY in the chair). The 

question is on agreeing to the amendment recommended by the Committee on Pensions reducing the amount proposed by the House from 

S50 to $30. 

:M:r. HARRISO:N. I ask for the yeas and nays. 

The yeas and nays were ordered. 

:M:r. HARRISON. I only wish to say that it seems to me tlie Committee on Pensions should make some uniform rule in cases of this kind, 

and if possible they should provide by a general law for well-defined 

classes of cases. I do not suppose the Committee on Pensions of the 

Senate would be ready to report that the widow of every rear-admiral 

who had died in the service, and who was unable to maintain herself 

otherwise, should have a pension of 50 a month. If they are not willing to do that, then we ought not to do it in special cases. 

There is nothing to distinguish this case. There is no reason why 

a general rule could not be formulated that would cover it. If my colleague and other Senators think that $50 a month is the right rate for 

the widow of a rear-admiral, let1ls formulate it in a general law and 

make it applicable to all such widows, instead of selecting now and 

then a case where the person to be benefited happens to come upon 

tepns of intimate acquaintance with many Senators or to have some 

social influence or some other advantage by which her pellhion is advanced beyond the rate fixed by law. 

·I think our Pe118ion ComJUittee should give consideration to this question a a general question, and if, without reference to wounds or disability incurred in the line of duty, but solely on the ground of rank and 

on the ground of dependence, they believe in granting. a pension of $50 

a month to the widows of officers of a certain grade who are dependent, 

let them say so to us, anQ. then we shall have the whole question before us and not be influenced by the individual considerations that come 

about particular cases. · 

Whenever they do that and we know their reasons for it I shall be 

prepared to vote upon it as a general proposition; but I do not think it 

is wise to be advancing individual cases that have some particular advantage in the presentation of the claim to the sum of $50. The Senate 

Committee on Pensions have said the pension in this case ought to be 

$30, and I think we ought to stand by the report of the committee. 

Mr. SLA.TER. As a member of the Committee on Pensions, I desire 

to say only a word or two in regard to tbisca e. It bas been the steady 

·policy of the Committee on Pensions since I have been a member of it 

not to encourage bills of this kind. Now and then one has been reported. I think in some instances the committee have been outvoted 

in the Senate, and where they have reported cases of this kind adversely 

the Senate has reversed the report. The Senate should understand that 

if in this case and others that are likely to follow it $50 is given to rearadmirals' widows and commodores' widows the committee will very 

likely feel themselves instructed to so report upon all cases of this kind. 

I wish to say one other word. When you have brought these cases 

up to 50 a month you will very soon be pressed to put them to $100 a month. Some perhaps unusually meritorious case may be found in 

which the sympathy of Senators can be appealed to and an exception 

will be made, a precedent will be set, and each case in turn will come 

again as they have come now after they were raised to $20 a month, 

asking for $75 or $100. 

There must be a point where a stand can be taken. An attempt has 

been made to stand at $20 a month. The committee has been endeavoring to maintain that. In this case it was thought by the committee 

that while this lady could not go upon the pension-roll on account of 

the reasons which have been stated, it was just and proper that she 

should go upon the pension-roll of the country as an exceptional case 

at '30 a month. This was the compromise in committee, and ~ow it 

is propo ed to override the judgment of the committee and put her 

upon the pension-roll at $50 a month. I have no objection if that is 

the voice of the Senate; but I do not believe it is good policy; I do not 

believe it is sound policy. 

I have nothing to say against this lady. She is certainly a meritorious woman. The ervices of her husband were certainly meritorious, 

but no more so than dozens, probably hundreds, of others. If we begin to make exceptions we shall find that we shall have no place to stop 

in the exceptions until we have put the entire list up to $50 a month. 

As has been stated, there are thirty or forty other cases which are in 
• 6024 CONGRESSIONAL RECORD-SENATE. JULY 4, 

the background waiting to see what the Senate will do on this case, 

and which are then to be brought forward, just as meritorious as this, 

just as much entitled to go up to $50 as this is. I have one case in 

my desk which I have withheld where I was instructed to make an 

adverse report. I am simply awaiting the action of the Senate in 

regard to this case. If this pension is increased I shall feel disposed to 

go baek to the committee and ask the committee to put that lady on 

the pension-roll at the a.me rate as others. The Senate, being advised 

of this, will understand what we shall do after we have had the vote 

of the Senate upon this case. Mr. MITCHELL. I wish to submit a very few remarks upon this 

case, because it appears to be the first one which we have to meet here, 

and it is important I think that the Senate should understand what 

will be the probable effect of favorable action upon the bill. 

We have before us in Miscellaneous Document No. 42 a letter from 

the Commissioner of Pensions which gives the present status of all 

similar cases in t he Pension Office. It appears by that document that 

there are nowtwenty-ninearmycases in all provided for byspedal act 

in which a pension of $50 a month is granted, and in the Navy there 

are twenty-one such <;;.~.ses in which $50 is granted. Of the .Army not 

provided for, pensioned now at $30 a month or less, we find forty-three 

cases iii all; so that it would appear that as far as the Army is concerned there are forty-three other cases of persons now upon the pension-roll whose cases ought in justice to be considered in this connec- tion. It is a singular thing, I think, that among them are the widows 

Mr. VAN WYCK. I move to add to t~ bill: 

That pensions heretofore or hereafter granted to widows of soldiers of any war in which the United States shall have been engaged shall be at the rate of $12 per month from and after the passage of this act, instead of $8 per month as now provided. 

Mr. BLAIR. I move to lay the amendment on the table. 

Ur. VAN WYCK. Mr. President--

The PRESIDING OFFICER. The motion is not debatable. 

Mr. VAN WYCK. I ask for the yeas and nays. 

The yeas and nays were ordered. · 

Mr. WILSON. I wish to' state that my colleague [Mr. ALLISON] is 

paired with the Senator from Missouri (Mr. COCKRELL]. 

The result was announced-yeas 38, nays 5; as follows: 

.Aldrich, 

Beck, 

Blair, Bowen, 

Brown, 

Butler, 

Call, 

Cameron of Pa., Cameron of Wis., 

Coke, 

Harrison, 

Manderson, 

Conger, 

Farley, 

Frye, 

Gorman, 

Groome, 

Hampton, 

Harris, 

Jonas, 

YE.A.S-38. 

Kenna, 

Lapham, 

Logan, 

Jones of Florida, Jones of Nevada, 

Miller of Cal., Miller of N. Y., Mit~hell, 

lo1organ, 

Morrill, 

Palmer, 

Pendleton, 

NAYS-5. 

Plnmb, Sewell, 

ABSENT---33. 

Pike, 

Pugh, 

Ransom, 

Saulsbury, 

Sawyer, 

Vest, 

Voorhees, 

Wilson. 

VanWyck. 

of some of the most distinguished soldiers in the ·country. ' . I find in this list not provided for the widows of General Keirn, Gen- Allison, Edmunds, Ingalls, Anthony, Fair, Jackson, 

Sabin, 

Sherman, 

Slater, 

Vanoe, 

Walker, 

WilliiUDB. 

eral Reno, General Rodman, General Lander, General Terrill, General Bayard, Garland, Lamar, 

Thomas Williams, General C. T. Jaekson, General Bohlen, General CamdCll, George, McMillan, 

Copper, General Mansfield, General Welch, General Champlain, General Cockrell, Gibson, 1\IcPherson, Colquitt, Hale, Mahone, Buford, General Jameson, General Kirk, General James S. Jackson, Cullom, Hawley, Maxey, 

General Taylor, General Rice, General Strong, General Corcoran, Gen- Dawes, Hill Platt, 

eral Woodbury, General Schimmelfennig, General Birney, General Dolph, H~r, Riddleberger, 

Crocker, General Bayard, General Thomas A. Smyth, General David So the amendment was laid on the table. 

A. Russell, General Blenker, General Smith, General Ward, General The bill was reported to the Senate wi~hout ame~dment, ordered to 

Daniel McCook, General Lowell, General Kearney, General McKean, a third reading, read the third time, and passed. 

General Baker, General Arnold, General Barnes, General John A.Raw- MESSAGE FROM THE HOUSE. 

tins, General Blair, General Bartlett, General Croxton, General George H. Thomas, General 0. M. Mitchell, General Amos B. Eaton, and A message from the House of Representatives, by Mr. CLARK, its 

General Maltby. Among these names are found the names of some of · Clerk, announced that the House had passed a. joint resolution (H. Res. 

the most distinguished soldiers of the Republic, and either from mod- 284) providing ·for the printing and binding of additional copies of the 

esty or from some other feminine trait of character I have no doubt Medical and Surgical History of the War of the Rebellion; in which it 

many of these ladies have not seen fit to ask Congress to increase their requested the concurrence of the Senate. 

pensions. ENROLLED BILLS · SIGNED. 

As was suggested by the Senator from Indiana [Mr. HARRISON] I Themessagealsoannounced thattheSpeakerofthe House had. signed 

have thought that we ought to provide for all these cases by general law the following enrolled bills; and they were thereupon signed by the 

if we are to aet favorably upon them. But individual cases have been President pro tempore: 

presentedtousandtheyappealtooursympathiesverystrongly. Itistrue A bill (H. R. 1798) to amend an act entitled ".An aet to executecertbey have taken up very much of the time of the Committee on Pen- tain treaty stipulations relating to Chinese," approved May 6, 1882; 

sions. I venture to say that at least one-fourth of the time of the Com- A bill (H. R. 6514) for the relief of Catherine H. Glick; and 

mittee on Pensions given to the consideration of personal applications A bill (H. R. 6657) granting the consent of Congress to the Saint 

has been. given to this class in this Congress, and it has interfered very Cloud Water Power and Mill Company to construct a dam acrOss the 

largely with the working ctf that committee. But when a. case came Mississippi River at Saint Cloud, Minn. 

before the committee I have myselffelt disposed to stand in the line of 

these preoodents and provide a rate of $5q in all the cases of widows ANNA GINN. 

where distinguished services were rendered or where there was depend- Mr. WILSON. I now ask unanimous consent that J;he Senate proence on the part of the person applying for relief to Congress. I have ceed to the consideration of pension bills on the Calendar reported fa... 

thought that that was consistent with the action of Congress in the vorably and which may be unobjected to. 

twenty-nine cases of the Army and the twenty-one cases of the Navy Mr. BLAIR. I object. 

in which such fa.vorable action has been taken by former Congresses. The PRESIDING OFFICER (Mr. H.A WLEY). The Senator from 

The PRESIDING OFFICER. The Secretary will call the roll on New Hampshire objects. 

agreeing to the amendment of the Committee on Pensions. Mr. BLAIR. I object with the idea that we may go on with these 

The Secretary called the roll. cases such as we have been discussing, and in regard tow hicll we have 

· Jtlr. WILSON. I wish to state that my colleague [Mr . .ALLISON] decided a test case, and take the unobjected cases also, and complete 

is paired with the Senator from M~uri [Mr. CocKRELL]. . the whole pension business of the session. We can do it very shortly. 

The result was announced-yeas 15, nays 31; as follows: Mr. WILSON. If it be in order, I move that the Senate proceed to 

YEA&--15. the consideration of unobjected cases on the Calendar reported favorCoke, 

Dolph, 

Frye, Groome, 

Aldrich, 

Beck 

Blair: 

Bowen, 

Brown, 

Butler, 

Oall, 

Cameron of Pa., 

Allison, 

Anthony, 

Bayard, 

Camden, 

Cockrell, 

Colquitt, 

Dawes, 

Harris, 

Harrison, 

Manderson, 

Morrill, 

Pike, 

Plumb, 

Sewell, 

Sherman. 

NAYB-81. 

Cameron of Wis., Joneeof Nevada, 

Conger, Kenna, 

Cullom, Lapham Farley, 1\filler of Cal., 

Gorman, Miller of N. Y., 

Hampton, Mitchell, 

Jonas, Morgan, Jones of Florida, Palmer, 

Fair, 

Garland, 

George, 

Gibson, 

Hale, 

~ley, 

ABSENT-80. 

Edmunds, Hoar, 

Ingalls, 

Jackson, 

La.ma.r, 

Logan, 

Mc.Milla.n, 

McPherson, 

Mahone, 

Maxey, 

So the amendment was rejected. 

Slater, 

VanWyck, 

Wilson. 

Platt, 

Pugh, 

Riddleberger, 

Sawyer, 

Vanoe, 

Vest, 

Voorhees. 

Pendleton, 

Ransom., 

Sa.bin, 

Saulsbury, 

Walker, 

Williams. 

ably. 

Mr. BLAIR. That motion is not in order. 

~lr. MORRILL. Take them separately. 

Mr. WILSON. Then I move to proceed to the .consideration of the 

first bill on the Calendar reported favorably from the Committee on Pensions. 

The PRESIDING OFFICER. The first motion of the Senator from 

Iowa was not in order. The present motion is. 

Jtlr. WILSON. I move to proceed to the consider.t.tion of the first 

pension bill on the Calendar. 

Mr. HARRISON. Senate bill 2350 I think is the first. 

• Mr. WILSON. Then I move to proceed to the consideration of Senate bill 2350. · Mr. BLAIR. The first case reported favorably is that of Mrs. Mary 

M. Ord, the widow of General E. 0. C. Ord. I have no objection to 

the consideration of that case. 

Mr. WILSON. I will put the motion, if the Senator from New 

Hampshire will allaw me, in my own form. I move to proceed to the 

consideration ofthe bill the number of which I have given. 
·. 

1884. CONGRESSIONAL RECORD-SENATE. 6025 

The PRESIDING OFFICER. The Senator from Iowa moves to proceed to the consideration of the bill (S. 2350) granting a pension to 

Anna Ginn. 

1\.Ir. RIDDLEBERGER. I should like to understand the motion. 

Does it apply to unobjected ca es? 

Mr. WILSON. It does not. I move to take up a case by number. 

1\Ir. RIDDLEBERGER. I beg pardon. 

Mr. WILSON. I propose to follow that, if I may be permitted, by 

taking up in their order cases that ordinarily would be unobjected cases. 

:Mr. BLAIR. We have had a long controversy upon the case just 

decided, a test case. There are- · 

Mr. FRYE. I make the point of order that no discussion is in order. 

The PRESIDING OFFICER. The question is not debatable. The 

Chair i at fault in permitting debate. The Chair thanks the Senator 

for reminding him. 

Mr. BLAIR. If debate is not permitted on the part of those opposed 

to my proposition I do not care, but I am opposed to the motion. 

The PRESIDING OFFICER. The Chair must enforce the rule. 

The question is on the motion of the Senator from Iowa. [Having 

put the question.] The ayes appear to have it. The ayes have it. 

Mr. BLAIR. I ask for theyeasand nays. ["No!" "No!"] I 

withdraw the call, but I give notice that immediately upon the conclusion of the consideration of the unobjected cases I shall ask the Senate to proceed with the cases of the class to which I have alluded. 

Mr. MORRILL. To that there will be no objection. 

The bill (S. 2350) granting a pension to Anna Ginn was considered 

as in Committee of the Whole. It proposes to place on the pensionroll the name of Anna Ginn, widow of Benjamin Ginn, late a private 

in Company F, Fiftieth Regiment Enrolled Missouri Militia. · 

The bill was reported to the Senate without amendment, ordered to 

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

JOHN A. HASSELL. 

Mr. WILSON. I move to proceed with Order of Business 853, the 

next pension bill; but instead of that I renew my request that we proceed with the consideration Qf the unobjected pension cases reported 

favorably. 

The PRESIDING OFFICER. The Senator from Iowa. now asks 

unanimous consent for the consideration of pension cases reported favorably and unobjected to. Is there objection? The Chair hears none. 

Unanimous consent is granted. The first is Order of Business 853, 

being the bill (H. R. 6085) granting a pension to John A. Hassell, as 

the Chair understands. 

:Mr. MAXEY. I did not understand the proposition of the Senator 

from Iowa, or I certainly should not have agreed to it. The case which 

was called as in order was the case of Mrs. Ord, widow of General Ord, 

and is reported favorably. 

Ur. BLAIR. If the Senator will excuse me, I withdrew my objection to the request of the Senator from Iowa, giving notice that immediately upon the conclusion of the call of the unobjected cases I would 

renew the request that the Senate proceed with the consideration of the 

Ord and like cases. 

Mr. MAXEY. I simply desire to say that if there is a. more meritorious case than this I do not know it, and I see no reason why it 

hould be passed over. 

1\Ir. BLAIR. There is a. disposition to pass them all now. 

Mr. MAXEY. Why, after the case was regularly reac)?.ed and called, 

should this motion be interposed? The case was called regularly when 

the &nator from Iowa made his motion. 

Mr. WILSON. I beg the Senator's pardon. The case has not been 

called. It was not within my motion. 

Mr. MITCHELL. I suggest that the case the Senator from Texas 

alludes to comes within the unanimous-consentrulejust adopted; it is 

favorably reported. 

Mr. MAXEY. Then why should t hat be skipped? 

Mr. MITCHELL. It ought not to be skipped; it ought to be taken up. 

Mr. MAXEY. I say it ought to be taken up. 

Mr. MITCHELL. Take up the first case. 

The PRESIDING OFFICER. The Senate is proceeding by unani- mous consent. 

Mr. BLAIR. I have been trying to do that myself for two or three 

hours, but we shall get on harmoniously if the Senator from Iowa has 

his way. 

Mr. MAXEY. You skip from Order of Business 826 to 853, and 

still say this case falls under the rule. If it does, let us have it. 

The PRESIDING OFFICER. The Senate is proceeding by unanimous consent to consider pension bills favorably reported to which no objection is offered. 

Mr. RIDDLEBERGER. I want to ask again before I give consent 

to thatThe PRESIDING OFFICER. Will the Senator please wait? 

Mr. FRYE. The Senate has given unanimous consent. 

The PRESIDING OFFICER. The Chair understands that the Sena- tor fi·om Iowa moved to take up a special case a.nd then obtained una.n- mous consent to proceed to the consideration of cases favorably reported 

and not objected to, and theChiefClerkproceeded to call the one next 

after the one which had been considered by special motion. The Cha~ 

does not see that the Chief Clerk was in fault at all. 

·:Mr. MAXEY. I desire to state now that I shall object to every case 

whatever unless fair dealing is bad in the case, which has been regulary reached, of Mrs. Ord. 

Mr. WILSON. There is no disposition to interfere, so far as I am 

concerned, with any of these cases, but here is a list of cases of the 

lower grade of pensions, nearly all of them $8 a month, and they are 

not getting any pension now. I hope we shall dispose of these. I 

shall put no obstacle in the wa.y of considering the other cases here-

~~ . 

The PRESIDING OFFICER. The Chair will say that unless the 

•list is very large the case referred to by the Senator from Texas will 

probab1y soon be reached. 

Mr. HIDDLEBERGER. What I want to kliow before I consent to 

this-I did not hear the Chair put the question to the Senate-is whether 

unobjected cases include those reported without any recommendation 

at all? Where the committee reports a case without recommendation 

is that considered as an unobjected case? 

The PRESIDING OFFICER. The Chair certainly would not consider a case reported without recommendation as reported favorably 

and would not call it--

Mr. RIDDLEBERGER. Then I object to the motion. 

Mr. FRYE. Too late. 

The PRESIDING OFFICER. Unanimous consent of the Senate has 

been given and the Chair feels bound to proceed in accordance with that 

concession, which is virtually an order to the Chair. 

Mr. RIDDLEBERGER. I did not hear it put a.nd did not have an 

opportunity to object. 

Mr. BLAIR. The unanimous consent to the request of the Senator 

from Iowa. was given to consider unobjected cases, but prior to the 

one which is now being called an unobjected case reported favorably 

by the committee is Order of :Business 826, which the Senator from 

Texas desires to have considered, a.nd under the order of the Senate 

that bill should be taken up, and I appeal to the Senator from Iowa. to 

allow his own order to be complied with. 

Mr. MAXEY. I would not ·have said a word if it had not been that 

Mrs. Ord's is the case which is entitled in its turn to be tried. 

The PRESIDING OFFICER. The Chair wishes to inquire-will the 

Chief Clerk inform the Chair-whether that next succeeds the case 

which was taken up on special motion? It does not, the Chief Clerk 

informs the Chair. 

Mr. BLAIR. But it is a.n unobjected case, reported favorably, and 

unanimous consent of the Senate was given to take up those cases and 

to proceed with the consideration of them throughout the Calendar. 

This comes on the preceding page, and was overlooked, I suppose, by 

the Senator from IQ>wa when he started off. He got a little ahead of one 

of the cases included in the order which he himself solicited. 

The PRESIDING OFFICER. The Chair feels bound to proceed 

with the case next after the one specially considered, unless unanimous consent be given to return to the beginRing of the Calendar and 

there take up cases in order. 

Mr. WILSON. I am anxious to get these cases disposed of, as at 3 

o'clock, less than a.n hour from now, the regular orderofbusinessthat 

was postponed will be laid before the Senate again. If we can go back 

to that case under this unanimous consent, although it does not include 

it, a.nd it can be voted on without delay, and let us go on with these unobjected cases, I shall not object. 

Mr. BLAIR. There will be no debate on it. 

!!Ir. VAN WYCK. There will be no debate on it. 

Mr. MAXEY. I have no disposition, I will say to the Senatorfrom 

Iowa, to say one solitary word. The case stands on its merits. 

Mr. WILSON. I have already given my consent. 

Mr. FRYE. There is a. clear misunderstanding as to what "unobjected" means. It means every pension case on the Calendar in ita 

regular order favorably reported a.nd not objected to when it is called. 

That is what it means. 

Mr. MAXEY. That is what I understand. 

The PRESIDING OFFICER. The Chair so understands. There is a. bill before the Senate. 

Mr. BLAIR. Let that be considered, and then begin with Order of 

Business 826. 

Mr. MAXEY. I shall object to a.ny bill being considered until we 

take them up regularly. 

Mr. PLUMB. I shall object to the Senator's case then. If the 

Senator ca.n not give way for a single moment to let us have an orderly 

proceeding, of course we shall object to all the bills. I shall object to 

his case undoubtedly. 

The PRESIDING OFFICER. The Senate baa before it, aa in Committee of the Whole, the bill (H. R. 6085) granting a pension to John 

A. Hassell. 

The bill was r.ad. It provides for placing on the pension-roll the 

name of John A. Hassell, late a. saddler in Company M, Third Iowa 

Cavalry. 

· The bill was reported to the Senate, ordered to a thirll reading, read 

the third time, and passed. 

\ 
6026 CONGRESSIONAL RECORD--SENATE. JULY 4, 

WIDOW OF GENERAL ORD. 

The PRESIDING OFFICER. If it is so understood the Chair will 

direct the Secretary to call the case referred to by the Senator from 

Texas. There is no objection. 

The bill (H. R. 1569) granting a pension to Mrs. Mary l\1. Ord, 

widow of Ma:i. Gen. E. 0. C. Ord, was considered as in Committee of the 

Whole. 

Mr. PLATT. I w~t to object to this bill unless I can have an un- derstanding that a bill which just precedes it, which has been passed 

over, is also to have consideration. I do not propose by any act of 

mine to have a pension granted to the wid,ow of Major-General Ord, 

and the a-ct for the relief of Betsy A. Mower, widow of Major-General 

Mower, passed over, because it happens to be adversely reported. It is• one of the same kind of cases, and the committee when they got together and considered that case happened to have a bare majority 

against it, while these others they have reported favorably by a bare 

majority. I want the same consideration for this case that General . Ord's case has. 

Mr. HARRIS. I should like to ask the Senator from Connecticut if 

he is willing to consume the last few expiring hours of this session in 

discussing a bill adversely reported, the effect of which is to defeat the 

passage perhaps of twenty or thirty other bills so meritorious that not 

a single suggestion of objection is heard? I ask the Senator to allow 

his bill to remain until those bills about which there are no questions 

to be raised may be a-cted upon. 

Mr. PLATT. I think tne Senator will see that the bill for therelief of 1\frs. l\iower has not had fair treatment here. It wa passed 

by the Senate at the last session. It has been passed by the House at 

this session. Then it comes over here, and by reason of the fact that 

there is not a full committee it gets an adverse report, when the cases 

of Mrs. Ord and Mrs. General Ringgold get favorably rep<)rted. Now 

I undertake to say that there was no more meritorious officer in the 

service than Major-General Mower. I undertake to say that there is no lady who ever petitioned for a pension who needs it more or deserves 

it more, and I do not want to have the consideration of this case block 

the consideration of the case of Mrs. Mower. I do not think it is 

right. 

Mr. HARRIS. Conceding all that the Senator claims, it is a case adversely reported, and must lead to debate and the consumption of 

time. 

Mr. PLATT. It will not lead to any debate. 

l\lr. HARRIS. Whereas the cases that are unobjected to and favorably reported will not consume three minutes to the bill. Why not 

let them be considered and disposed of, and then the Senator will have 

ample opportunity to state the merits of his bill? 

Mr. PLATT. If I can have an opportunity to ove the consideration of this bill, I have no objection; but I do not want to be deprived 

of the opportunity to ask for the consideration of this bill. I can appeal to a distinguished soldier in this Senate Chamber for the record of 

General Mower, and I know myself that his widow is in very necessitous circumstances. 

Mr. FRYE. The case referred to by phe Senator from Connecticut 

js not within the terms of this call. 

Mr. PLATT. I can object. 

Mr. FRYE. The Senator from Connecticyt can object to every case that is presented here and take the responsibility of doing so. His bill 

is not in this call, and can not be called by the Secretary under the 

present order. 

Mr. VAN WYCK. Allow me to make one suggestion that will re- lieve the difficulty perhaps. The case referred to by the Senator from 

Connecticut is reported adversely, but I think it was the general understanding of the committee that all such cases shoUld stand on the same 

basis, and that whatever might be the sense of the Senate upon one of 

them should be understood as the sense of the Senate upon them all. 

Now I desire to say that I presume there will be no objection, although 

there is an adverse report formally, to the consideration of the case the 

Senator from Connecticut refers to. I consider that the expression of 

the Senate is so emphatic upon the matter that it ought to be sufficient 

to carry all these cases, and I trust they will be considered. 

Mr. PLATT. Mr. President--

The PRESIDING OFFICER. The Chair must endeavor to hasten 

action. Does the Senator from Connecticut object? 

Mr. PLATT. I will withdraw my objection and rely upon the generosity and fairness of the Senate that at some future time I shall have an opportunity to call up the bill. 

The PRESIDING OFFICER. The pending bill will be read. 

The Chief Clerk read the bill (H. R. 1569) granting a pension to Mrs. 

Mary M . Ord, widow of Maj. Gen. E. 0. C. Ord. 

The bill was reported from the Committee on Pensions with an amendment in line 6, after the words ' pension of,'' to strike out •' fifty '' and 

insert "thirty;" so as to make the bill read: 

That tile Secretary of the Interior be, and is hereby, authorized and directed to place upon the pension-roll the name of Mary l\1. Ord, widow of Maj. Gen. E. 0. C. Ord,late of the United States Army, and payherapensionof~permonth 

from nnd aft.e1· the passage of this act. 

Mr. MAXEY. I a k that the friends of Mrs. Ord _disagree to that 

amendment. 

Mr. BLAIR. We will vote down the amendment. 

The amendment .was rejected. 

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

ELLA STOLZ. 

'l'he bill (H. R. 3171 ) granting a pension to Ella Stolz was ~onsidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Ella Stolz, widow of William Stolz, deceased, 

late a private in Company I, One hundred and thirty-first Pennsylvania 

Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SUSANNAH BARR. 

The bill (H. R. 5 21) grantinga pension to Mrs. Susannah Barr was considered a in Committee of the Whole. It proposes to place on the 

pension-roll the name of Mrs. Susannah Barr, mother of Jacob Barr, 

late a private in Company A, One hundred and third Regiment Pennsylvania Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

ISABELLA BERTHA WEAVER. 

The bill (H. R. 5723) granting a pension to Isabella Bertha Weaver was considered as in Committee of the Whole. It proposes to place on 

the pension-roll the name of Isabella Bertha Weaver, the only surviving child of Ordnance-Sergeant Jeremiah Weaver, late of the United 

States Army, and to pay to her lawful guardian, for her use, a pension 

at the rate of 15 a month, until she arrives at the age of 16 years. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and pa ed. 

.TULIA 1\I. REYNOLD . 

The bill (H. R. 6184) granting a pension to Julia l\L Reynolds was considered as in Committee of the Whole. It provides for placing on the pension-roll the name of Julia l\I. Reynolds, widow of James S. 

Reynolds, deceased, late second lieutenant of Company H, Tenth Regiment New York Cavalry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

.TAMES HAWKINS. 

The bill (H. R. 2358) granting a pension to James Hawkins was con- sidered as in Committee of the Whole. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time and passed. -

ANN l\I1LAUGHLIN. 

The bill (H. R. 3737) granting a pension to Ann McLaughlin was 

considered as in Committee of the Whole. It propo es to place on the 

pension-roll the name of Ann McLaughlin, mother of Byron McLaughlin, late ofthe gunboat Southfield. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and pa ed. 

SAMANTHA HARRIMAN. 

The bill {H. R. 5485) granting a pension to Mrs. Samantha Harri- man was considered a in COmmittee of the Whole. It proposes to 

place on the pension-roll the name of Mrs. Samantha Harriman, widow 

of Maj. Isaac l\f. May, late of the Nineteenth Regiment of Indiana 

Volunteers. 

'The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

MERRITT LEWIS. 

The bill (H. R. 819) granting an increase of pension to Merritt Lewis was considered as in Committee of the Whole. It proposes to increase 

to the first grade, or 50 per month, the pension now granted to l\Ierritt 

Lewis by certificate numbered 33631. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and pas ed. 

WILLIAM .T. LEE. 

The bill (H. R, 1073) granting a pension t~ William J. Lee was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of William J. Lee, late confidential scout and 

guide, heanquarters of the Army of the Potomac, as though he had 

been regularly mustered into the United States Army. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

CHARLES .A.. FULLER. 

The bill (H. R. 5795) increasing the pension of Charles A. Fuller was considered as in Committee of the Whole. It provides that the pension heretofore granted to said Charles A. Fuller be increased to the 

sum of $45 per month. 
1884. CONGRES-SIONAL RECORD-SENATE. 6027 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

.ARTHUR I. M1CONNELL. 

The bill (H . R. 2623) granting a pension to Arthur I. McConnell 

was considered as in Committee of the Whole. It proposes to place on 

the pension-roll the name of Arthur I. McConnell, late of Company M, 

One hundred and second Regiment Pennsylvania Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

HENRY SCHNET:BERG. 

The bill (H. R. 1410) granting a pension to Henry Schnetberg, of 

Indiana, Pa., was considered aa in Committeeofthe Whole. It provides 

for placing on the pension-roll the name of Henry Schnetberg, late a 

private in Company B, of the Second Regiment of Pennsylvania Volunteers, in the Mexican war, at the rate of $8 per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

GEORGE W. WICKWIRE. 

The bill (H. R. 3909) granting a pension to George W. Wickwire was 

considered as in Committee of the Wh9le. It proposes to place on the 

pension-roll the name of George W. Wickwire, who enlisted as amessenger-boy on the United States receiving-ship Allegheny, at Baltimore 

Harbor, November, 1862, and was discharged September 16, 1863, for 

disability occasioned by injury received while in the line of his duty on 

the United States gunboat General Putnam. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. • 

C.A.THERINE MEIS. 

The bill (H. R. 5976) for the relief of Catherine Meis was considered 

as in Committee of the Whole. It proposes to place on the pensionroll the name of Catherine Meis, widow of William Meis, late a private 

in Company E, Ninth New Jersey Infantry Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

NANCY :BISER. 

The bill (H. R. 4970) for the relief of· Mrs. Nancy Biser was considered as in Committee of the Whole. It directs that the name of Mrs. 

Nancy Biser be placed on the pension-roll at 20 per month, in -lieu of 

all other compensat.ion from the Government as widow or otherwise. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

JOHN R. W A.LL.A.CE. 

The bill (H. R. 4439) granting a pension to John R. Wallace was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of John R. Wallace, late a member of the Union 

Guards, of Davis County, Iowa. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

WILLI.Al\1 T. M'COY. 

The bill (H. R. 1436) granting a pension to William T. McCoy was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of William T. McCoy, late of Company B, One 

hundred and tenth Regiment of Pennsylvania Volunteer Infantry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SUS.A.N J. M'KENNEY. 

The bill {H. R. 5675) granting a pension to Mrs. Susan J. McKenney 

was consideredasin Committee of the Whole. It proposes to placethe 

name of Mrs. Susan J. McKenney, of Belfast, Waldo Conn~, Maine, 

on the pension-roll at the rate of $8 per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

EBENEZER K. MARDEN. 

The bill (S. 1823) granting a pension to Ebenezer K. Marden was 

considered aa in Committee of the Whole. It proposes to place on the 

pension-roll the name of Ebenezer K. Marden, late a private in Company C, Sixth Regiment New Hampshire Volunteers. 

The bill was reported to the Senate, ordered to be engrossed for a third 

reading, read the third time, and paased. 

HONORA. KELLEY. 

The bill (H. R. 1056) granting a pension to Honora Kelley was considered as in Committee of the Whole. It provides for placing on the 

pension-roll the name of Honora Kelley, widow of James Kelley, late 

a sergeant of Company K, Fifth United States Cavalry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

IRENE :BAKER. 

The bill (H. R. 3606) grantingapension tolreneBakerwas considered as in Committee of the Whole. It proposes to pla{!e on the pension-roll 

the name of Irene Baker, an imbecile daughter of James Baker, late 

of Company H, Ninety-seventh Indiana Volunteers, and provides for 

paying to her legally-constituted guardian a pension of 18 per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third ~e, and passed . . 

.ANN CORBIN. 

. The bill (H. R 4526) granting a pension to Mrs. Ann Corbin was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Ann Corbin, widow of Ebenezer Corbin, formerly of Company B, Tenth Regiment New Hampshire Heavy Artillery. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SOLON L. SIMO}.TJ>S. 

The bill (H. R. 5781) granting a pension to Solon L. Simonds was 

considered as in Committee of the Whole. It proposes to pla-ce on the 

pension-roll the name of Solon L. Simonds, of Littleton, N.H., lately 

a private in Company A, Eighth Regiment of Vermont Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

S.A.R.A.H E. E. SEELYE. 

The bill (H. R. 5335) granting a pension to Mrs. Sarah E. E. Seelye, 

alias Franklin Thompson, waa considered as in Committee of the Whole~ 

It proposes to place on the pension-roll the name of Sarah E. E. Seelye, 

alias Franklin Thompson, who was late a private in Company F, Second Regiment of 1\Iichigan Infantry Volunteers, at the rate of $12 per 

month. · 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

DR. SA. fUEL D.A. VIS. 

The bill (H. R. 4368) granting an increase of pension to Dr. Samuel 

Davis was considered as in Committee of the Whole. Its object is to 

increase the pension of Dr. Samuel Davis, late sutgeon of the Eightythird Regiment Indiana Volunteer Infantry, to $40 per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

JOHN SWEENEY. 

The bill (S. 1112) granting a pension to John Sweeney was eonsidered as in Committee of the Whole. It propo es to place on the pension-roll the name·.of John Sweeney, late a private in Company C, 

Second Regiment New York Heavy Artillery. 

The bill was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and passed. 

SA.LL Y RODM.A.N. 

The bill (S. 1111) granting an increased pension to Sally Rodman, 

widow of General Isaac P. Rodman, was considered as in Committee of 

the Whole. It proposes to place -on the pension-roll the name of Sally 

Rodman, widow of Isaac P. Rodman, late a brigadier-general of United 

States volunteers, at the rate of 50 a month, in lieu of the pension 

which she now receives. 

The bill was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and passed. 

OTTO LEISSRING. 

The bill (H. R. 5636) for the relief of Otto Leissring was considered as in Committee of the Whole. It proposes to place on the pensionroll the name of Otto Leissring, late first lieutenant Company G, Eighteenth Regunent United States Colored Troops, at $30 per month, in 

lieu of all pensions now paid him. . The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

REUBEN J. CHEWNING. 

The bill (H. R. 837) granting a pension to Reuben J. Chewning was 

considered as in Committee of the Whole. It grants a pension to Reuben J. Chewning, late a private in the Fourth Regiment Minnesota 

Infantry Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

.A.Ll\IIR.A. B. KA.LEB.. 

The bill (H. R. 2312) granting a pension to Almira B. Kaler waa considered as in Committee of the Whole. It proposes to restore to the 

pension-roll the name of Almira B. Kaler, mother of John Dexter Kaler, deceased, late a private in Company B, Eighth Regiment Maine 

Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

H. D. F. YOUNG. 

The bill (H. R. 6168) granting an increase of pension to Capt. H. D. 

F. Young was considered as in Committee of the Whole. It proposes 

to increase the pension heretofore granted Harrison D. T. Young, late 

captain of Company F, Second Regiment of New Hampshire Volunteers, from $10 to $20 per month. 
6028 CONGRESSIONAL RECORD-SENATE. JULY 4, 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

LEVI .ANDERSON. 

The bill (H. R. 3625) granting an increase of pension to Levi Ander- son was considered as in Committee of the Whole. In lieu of the pension of~30 per month which Levi Anderson is nowreceiving underact 

of Congress approved March 3, 1883, for a gunshot wound in the left 

hip-joint, the bill grants to him $40.per month on account of the gunshot wound in the left hip-joint, and also on account of a gunshot 

wound in the right shoulder, bot.h woundshaving been received by him 

in an engagement with rebel troops at White Oak, Jackson County, · Missouri, and both injuries resulting now in total disability of Anderson. The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

MARY A. HENRY. 

The bill (H. R. 4767) granting a pension to Mary A. Henry"wa,"! considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Mary A. Henry, widow of William Henry, 

late a private in Company K, One hundred and :fifth Regiment Pennsylvania Volunteer Infantry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

LOU GOBRIGHT M'FALLS. 

The bill (S. 1446) granting an increase of pension to 1t1rs. Lou Gobright McFalls was considered as in Committee of the Whole. It provides that the pension of $20 per month heretofore granted to Mrs. Lou 

Gobright McFalls, widow of Capt. Thaddeus B. McFalls, shall be increased to $50 per month. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, rea~ the third time, and passed. 

SAMUEL BARNARD. 

The bill (H. R. 943) granting a pension to Samuel Barnard was con- sidered as in Committee of the Whole. It propooos to place on the ptmsion-roll the name of Samuel Barnard, late a corporal of Company I, 

Ninety-fourth Regiment illinois Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

.JOHN A CROZIER. 

The bill (H. R. 1965) granting a pension to John A. Crozier was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of John A. Crozier, of Madison, Ind., late second 

lieutenant of Captain Fowler's company of artillery, attached tQ Ninth 

Regiment of the Indiana Legion. . 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SIMON E. LEWIS. 

The bill (H. R. 4700) granting a pension to Sixp.on E. Lewis was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Simo:a E. Lewis, late a private in Company H, 

Sixteenth United States Infantry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. JOHN ROBBINS. 

The bill (H. R. 254) granting a pension to John Robbins was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of John Robbins, late a private in Company A, 

Second illinois Volunteers (Mexican war), at the rate of $24 per month, 

in lieu of any pension now received. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. ' · 

CLARK ROBERTS. 

The bill (H. R. 1894) granting a pension to Clark Roberts was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Clark Roberts, who was lately the surgeon of 

the One hundred and first Regiment of illinois Volunteer Infantry. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

CORNELIUS FITZGERALD. 

The bill (H. R. 28"2) to reinstate Cornelius Fitzgerald on the pensionroll was considered as in Committee of the Whole. It is a direction to 

the Secretary of the Interior to reinstate the name of Cornelius Fitzgerald, late a private in Company G, Orie hundred and sixth Regiment 

illinois Volunteer Infantry, and holding certificate numbered 127269, on the pension-roll, and to pay him his pension, as provided by law, from 

the date of the suspension. The bill was reported to the Senate, ordered to a third reading, read 

the third time, and ~-

ANDREW J. KONKLE. 

· The bill (H. R. 4568) granting a pension to Andrew J. Konkle was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Andrew J. Konkle, late major of the First 

Regiment of Ohio Light Artillery. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

RIVERS BANKS. 

The bill (H. R. 6786) granting a pension to Rivere Banks was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the nam.e of Rivers Banks, late a private in Company C, 

North Cumberland Battalion Kentucky State Troops. 

The bill wa.s reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

JOHN GALLOUP. 

The bill (H. R. 555) granting a pension to John Galloup was con- sidered as in Committee of the Whole. It proposes to · place on the 

pension-roll the name of John Galloup, late a corporal of Company F, 

Sixty-ninth Regiment Enrolled Missouri Militia. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

J. G. CRAWFORD. 

The bill (H. R. 4457) granting a. pension to J.-G. Crawford was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of J. G. Crawford, late of Company G, Eightieth 

Regiment illinois Infantry Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

JOHN A . SHUCKERS. 

The bill (H. R. 2105) granting a pension to John A. Shuckers was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of John A. Shuckers, late a private in Company 

B, First Ohio Volunteer Light Artillery. · 

· The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

1\IESSAGE FROM THE HOUSE. 

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

Clerk, announced that the House had paased the following joint reso- lutions; in which it requested the concurrence of the Senate: 

Joint resolution (H. Res. 260) authorizing the printing and binding 

of additional copies of the reports of the National Board of Health; and 

Joint resolution (H. Res. 276) providing for the printing of 50,000. 

copies of the first annual report of the Bureau of Animal Industry. 

E...~LLED BILLS SIGNED. 

The message also announced that the Speaker of the House had signed 

the following enrolled bills; and they were thereupon signed by the. President pro tempore: 

A bill (H. R. 4383) to relieve certain soldiers from the charge of desertion; and 

A bill (H. R. 4696) to authorize the location of a branch home for 

disabled volunteer soldiers and sailors in either of the States of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska. 

POSTAL TELEGRAPH. 

The PRESIDING OFFICER. The hourof3o'clockbavingarrived, 

the Chair lays before the Senate the order for this hour, being the bill 

(S. 2022) to establish a postal-telegraph system. 

Mr. BLAIR. I move that the regular order be postponed until half 

past 4 o'clock. 

Mr. PLA'l'T. Will it not do to lay it aside informa.lly and proceed . with the pension cases? I think there will be no objection to that. 

The PRESIDING OFFICER. Unanimous consent is asked that the 

pending order be laid aside informaJly till half past 4 o'clock to proceed 

with the pension cases. 

Mr. PLATI'. Let no hour be fixed, but go on until the Senator 

from Colorado calls for the regular-order. 

M:r. BLAIR. I agree to that. 

The PRESIDING OFFICER. The proposition of the Senator from 

New Hampshire is that the pending order be laid aside informally, to. be called up at the pleasure of the Senator having it in charge, and that. the Senate proceed for the present with pension cases. Is there objection ? The Chair hears none, and it is so ordered. 

MRS. REBECCA HALL. 

The bill (H. R. 2091) granting a pension to Mrs. Rebecca Hall was. 

coHSidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Rebecca Hall, widow of George R. Hall, lat& 

a private in CompanyC, Forty-eighth RegimentMissourilnfantryVolunteers. 

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

MARGARET WIGGINS. 

The bill (H. R. 2089) granting a pension to Margaret Wiggins was 

considered as in Committee of the Whole. It proposes to p1a.ceon the 

pension-roll the name of Margaret Wiggins, mother of Henry Wiggins, 

late a private in. the Ninth Regiment Kansas Volunteer Cavalry. 
1884. CONGRESSIONAL RECORD-SENATE. 6029 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SABAH 1\IINER. 

The bill (H. R. 1077) granting a pension to Sarah :Miner was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Sarah Miner, widow of Stephen B. Miner, 

formerly a master's mate on the United States Coast Survey steamer 

Vixen. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

JOHN C. F~SCKE. 

The bill (H. R. 836) granting a pension to John C. Fenscke was 

considered as in Committee of the Whole. It proposes to grant to 

John C. Fenscke, late an employe of the United States Government, 

on account of wounds received while in the discharge of his duties as 

such employe, a pension at the rate of a private soldi~. . 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. · 

MARY G. HAWK. 

:Mr. CULLOM:. I ask the consent of the Senate, as I have not been 

able to be in my seat all the time, to report a bill about which there 

is no controversy, and ask that it be put upon i-!B passage, granting a 

pension to the widow of :Uajor Hawk, wh~ was for~erly a m~mber ~f 

the other House. It only gives the ordinary pellSlon. It IS a bill 

{H. R. 284) for the ·relief of Mary G. Hn.wk. I now report it baek 

from the Committee on Pensions. 

By unanimous consent, the Senate, as in Committee of the ~ole, 

proceeded to consider the bill. It proposes to plaee on the pension-roll 

the name of Mary G. Hawk, widow of Robert M. A. Hawk, d~~~ 

late .a captain and brevet major in the Ninety-second Regiment IllinoiS 

Volunteers. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

SARAH A . . BECKTEL. 

The bill (H. R. 3591) for the relief of Sarah A. Becktel was annoimced . 

as next in order. 

Mr. PLA'IT. I ask now to turn back. 

The PRESIDING OFFICER. Will the Senator permit the Chair to 

call attention to the fact that three cases have been reported to-day 

.and come under the order? They are not upon the printed Calendar, 

but they come within theorder under which the Senate has been acting. 

Mr. PLA'IT. I hope I shall be recognized after they are thr?ugh. 

The Senate, as in Committee of the Whole, proceeded to consider the 

bill (H. R. 3591) for the relief of Sarah A. Becktel. I~ ·proposes to 

place on the pension-roll the name of Sarah A. Becktel, Widow of Isaac 

Becktel, late of Company B, Twenty-sixth Ohio Regiment, and Company E, Third Ohio Cavalry. . . The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

PATRICK FOLEY. 

The bill (H. R. 4530) granting an increase of pension to Patrick Foley, 

was considered as in Committee of the Whole. It proposes to place on 

the pension-roll the name of Patrick Foley, late of the crew .of ~he 

United States steamer Ticonderoga, at the rate of $15 per month m lieu 

t{ the pension now received by him. . . The bill was reported to the Senate, ordered to a third reading, read 

~e third time, and passed. 

BETSY A. MOWER. 

Mr. PLATT. I ask that the Senate will now consider Order of 

.Business 808, being the bill (H. R. 137) for the relief of Betsy A. 

Mower, of which I spoke a while ago. I think there will be no objection to it whatever. 

Mr. CONGER. I hope the pension cases that we passed over this 

morning will be now taken up in their order. 

.Mr. PLATT. It was understood a while ago when the Senator was <>ut that this was to be taken up. 

Mr. CONGER. We can reach them all. 

Mr. PLATT. This is regularly in order. 

Mr. CONGER. Very well. 

By unanimous consent, the Senate, as in Committee of the Whole, 

J>roceeded to consider the bill. It proposes to place on the pension-roll 

• the name of Betsy A. Mower at $50 per month in lieu of the pension 

she now receives. 

The bill was reported to the Senate, ordered to a third reading, read 

the third tinie, and passed. 

MARY T. BARNES. 

Mr. RIDDLEBERGER. I move to take up Order of Business 605, 

being the bill (H. R. 1.406) granting a pension to Mrs. Mary T. Barnes. 

Mr. MITCHELL. I am in favor of that, but the bill immediately 

preceding it is the third one of the class. 

Mr. RIDDLEBERGER. I have no objection to taking them up in 

K"egnlar order. 

Several SENATORS. Go ahead! Regular order! 

The PRESIDING OFFICER. What is the understanding? 

Mr. CONGER. Take them in their order. 

~1r. RIDDLEBERGER. I submit my motion; the Senator from 

Pennsylvania "ithdraws his objection. 

The PRESIDING OFFICER. The Senator from Virginia asks unanimous consent to take up the bill indicated by him. 

There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It proposes to plaee on the pension-roll 

the name of Mary T. Barnes, widow of Brig. Gen. Joseph K. Barnes, 

late Surgeon-General of the United States Army, at the rate of $50 

a month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

·wiDOW OF REAR-ADMIRAL MIDDLETON. 

Mr. G'ONGER. I hope we shall go through with this class of cases. 

1 have been waiting several days to have it done. 

~1r. BLAIR. That is what we are doing. 

The PRESIDING OFFICER. There is no order of business before 

the Senate concerning pension cases. 

Mr. CONGER. I move we go on with this class of cases in their 

order. 

T-he PRESIDING OFFICER. The motion is somewhat indefinite, 

because the class of cases is not defined. 

lli. BLAIR. If the Senator will intrust me with this matter, I will 

take a good deal of pains and see that they all go through. 

1!1r. CONGER. I hn.ve waited with a great deal of impatience for 

the Senate to let me reach a case that is more important than a good 

many which have been passed. 

The PRESIDING OFFICER. Does the Senator from Michigan desire to begin with the first pension case on the Calendar? 

~1r. CONGER. I desire to proceed with the pension cases on the 

Calendar. 

The PRESIDING OFFICER. Is there obje<:tion to that understanding? The Chair hears none. The Secretary will bCoai.n with the first 

case on the Calendar. 

~1r. VEST. Does the motion go to the extent of taking up cases 

whether reported adversely or not? ["Yes."] 

The PRESIDING OFFICER. The Senator from ~Iichigan made no definition. 

Mr. CONGER. I am not asking for the consideration of bills reported 

adversely. 

The PRESIDING OFFICER. The Chair now understands the proposition of the Senator from :Michigan to be to begin with the :first pension case on the Calendar reported favorably, and to proceed to consider 

such as are reported favorably. 

Mr. HARRISON. No; all whether reported adversely or otherwise. 

Mr. CONGER. I name Order of Business 592, being the bill (H. R. 

4682) granting a pension to Ward B. Burnett. 

Mr. VEST. I move that the Senate proceed to the consideration of 

House bill 2984, Order of Business 709. 

The PRESIDING OFFICER. The proposition of the Senator from 

Michign.n is before the Senate asking unanimous consent. Is there 

objection? 

~1r. BLAIR. That applicant is dead. I reported the bill and would 

do anything possible to get ~t through! but General _Burnet!o is dead. 

The next bill, Order of Busmess 604, IS a Senate bill and It can not 

possibly be considered, but I think there is a House bill somewhere 

and I am going to hunt tor it, and if the Senate will be willing to go 

on with these cases they will all come out right. The next one to the 

one we began with this morning is that of Mrs. Middleton, widow of 

the late Rear-Admiral Edward bliddleton, of the United States Navy, 

No. 769 in the Order of Business. I move that we now proceed to the 

consideration of Honse bill 2702, Order of Business 769. 

The PRESIDING OFFICER. It is the impression of the Chair--

~1r. CONGER. I withdraw my application in favor of the Senator 

from New Hampshire . 

The PRESIDING OFFICER. The Senator from New Hampshire moves that the Senate proceed to the c:!onsideration of House bill 2702. 

Is there objection? The Chair hears none. l\1r. VEST. Is that reported adversely? 

Mr. BLAIR. It is one of these same cases. 

Mr. VEST. An adverse report? 

The PRESIDING OFFICER. The Chair is unable to state how the 

bill was reported. It will be ascertained by the Secretary. 

Mr: BLAIR. There is no objection to the consideration of the case. 

The PRESIDING OFFICER. The Chair hears no objection to the 

motion ofthe Senator from New Hampshire. · 

The Senate, as in Committee of the Whole, proceeded toconsiderthe 

bill (H. R. 2702) granting a. pension to Mrs. Ellida I. Middleton, widow 

of the late Rear-Admiral Edward Middleton, United States Navy. It 

proposes to place on the pensio~-roll the name .of Ellida I. ~iddleton. 

widow of the late Rear-Admrral Edward Middleton, Umted States 

Navy, at $50 per month. 

The bill was reported to the Senate without amendment. 
li 

6030 CONGRESSIONAL RECORD- SENATE. J ULY 4, 

Mr. VEST. I am perfectly willing to agree to anything in a goodnatured way, bnt I see marked here "views of the minority" as to 

this claim, and so with a number of other cases. I do not know who 

the minority is or what the question at issue is. I can not take the 

private assurance of Senators that it is all right. 

The PRESIDING OFFICER. In this case the Senator from New 

Hampshire did not propose to proceed with the consideration of unobjected cases. The Senator from New Ramp hire moved to proceed to 

the consideration of this bill without stating whether it was reported 

favorably or not, and unanimous consent was given. The bill is before the Senate. 

The bill was ordered to a third reading, read the third time, and 

passed. JULIET H. PALMER. 

Mr. GORMAN. I ask the consideration of Order of Business 727, 

Senate bill1287. 

1\Ir. BLAIR. That is one of the same class of cases. 

By unanimous consent the bill (S. 1287) for the relief of Juliet H. 

Palmer was considered as in Committee of the Whole. It provides for 

the payment, out of the Navy pension fund, to Juliet H. Palmer, 

widow of the late Surgeon-General James C. Palmer, United States 

Navy, of '50 per month, during her widowhood, in lieu of her present 

pension. . The bill was reported to the Senate, ordered to be engrossed for a third 

reading, read the third time, and passed. 

FANNIE S. BEAUMONT. 

Mr. BLAIR. . I ask unanimous consent that the Senate proceed to 

the consideration of Order of Business 770, being the bill {H. R. 747) 

granting an increase of pension to Fannie S. Beaumont. 

By unanimous consent, the Senate, as in Committeeofthe Whole, proceeded to consider the bill. It proposes to place on the pension-roll 

the name of Fannie S. Beaumont, widow of John C. Beaumont, late an 

admiral in the Navy of the United States, at the rateof$50per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

ANNA J. FOSTER. 

Mr. BLAIR. I ask unanimous consent to consider Order of Business 

771, being House bill 6766. 

There being no objection, the bill (H. R. 6766) granting a pension to 

1\Irs. AnnaJ. Foster was considered as in Committee of the Whole. It 

proposes to place the name of Mrs . .AnnaJ. Foster, widow of Maj. Gen. 

John G. Foster, an the pension-roll at $50 a month in lieu of the pension now paid her. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

HENRIETTA A. LEWIS. 

1\Ir. BLAIR. I ask for the next in order, Order of Business 772. 

There being no objection the bill (S. 1858) to increase the pension of 

Henrietta A . Lewis, widow of Capt. Robert F. R. Lewis, United States 

Navy, was considered as in Committee of the Whole. It propo es to 

increa e the pension of Henrietta A. Lewis, widow of Robert F. R. 

Lewis, lately a captain in the United States Navy, from 30 to $50 per 

month, to continue during her widowhood. 

1\Ir. PLUMB. I should like to ask the Senator from New Hampshire if it is proposed now to give a pension of $50 in every case notwithstanding an adverse report to widows of captains as well as of rearadmirals and commodores? 

Mr. BLAIR. This was a very peculiaJ: case where this lady's husband, by the peculiarities of the locality of service, failed of a promotion that the present Admiral of the Navy said he ought to have had 

years ago. The widow is very poor, and there are several helpless 

children. The committee thought the equities of the case plared her 

on a par with many others. 

Mr. PLUMB. There are about a million and a half of men who, by 

peculiarities of service and their own peculiarities, failed to be pro- moted. I have no doubt many persons would certify that they ought 

all to have been promoted; but they were not promoted, and they are 

under the ban of non-promotion. The Senator from New Hampshire, 

in the kindness of his heart, proposes to take up a very limited number of people and put them up in this conspicuous way. I hope the 

bill will not pass. 

The bill was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and passed. 

HENRIETTA M. SANDS. 

Mr. PLUMB. I .move that the Senate proceed to the consideration 

of Order of Business 441, being the bill (S. 929) granting a pension to 

Caroline Treckell. 

Mr. HARRISON. I wish the Senator from Kansas would let these cases go on in order. We can reach that in a minute or two. There are only two or three of them. ' 

Mr. PLUMB. Have we not taken up bills after that? 

Mr. HARRISON. No; there is Order of Business 821 of the same 

kind. The Senator from New Hamp hire will call them all right 

through. 

Mr. BLAIR. If there is no objection, I a k unanimous consent to 

take up Order of Business 773, being Senate billl286. 

Mr. PLUMB. I withdraw my motion. 

The PRESIDING OFFICER. Is there objection to the request of 

the Senator from New Hampshire? The Chair hears none. 

By unanimous consent the bill (S. 12 6) for the relief of Henrietta 

M. Sands was cOnsidered as in Committee of the Whole. It 'Provides 

for the payment, out of the Navy pension fund, to Mrs. Henrietta M. 

Sands, widow of the late Rear-Admiral Benjamin F. Sands, United 

States Navy, of 50 per month, during her widowhood, in lieu of her 

present pension. 

The bill was reported to the Senate, ordered to be engrossed for a third 

reading, read the third time, and passed. 

JULIA T. SCOTT. 

1\Ir. BLAIR. I move to take up the next order of business, 774." 

There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider the bill (S. 526) granting a pension of 50 per 

month, to be paid out of the naval pension fund, to Julia T. Scott, 

widow of Gustavus H. Scott, late a rear-admiral in the United States 

Navy, and for forty-six years in the aclive service. 

The bill was reported to the Senate, ordered to be engrossed for a third 

reading, read the third time, and passed. 

MRS. VIRGINIA ZEILIN. 

Mr. BLAIR. I ask now for the consideration of Order of Business 

821, being House bill 6767. 

There being no objection, the bill (H. R. 6767) granting an increase 

of pension to Mrs. Virginia Zeilin was considered as in Committee of 

the Whole. It proposes to pla<Je on the pension-roll the name of Mrs. 

Virginia Zeilin, widow of Brig. Gen. Jacob Zeilin, late of the United 

States Marine Corps, at 50 per month, in lieu of the pension she is now receiving. 

lli. PLUMB. I should like to ask the Senator from New Hampshire what was the reason of the adverse report. 

?t'lr. BLAIR. As in all the rest of these ca es, sometimes the committee voted the bills down and sometimes reported favorably. 

M:r. PLUMB. I understa.nd there is an adverse recomnrendation by 

the committee in this case. 

Mr. BLAIR. Yes; but the same question we have fought out in the 

other cases. 

The bill was reported to the Senate, ordered to a third reading, .read 

the third time, and passed. 

APOLLINE A. BLAIR. 

l\1r. VEST. I ask unanimous consent now to take up Order of Busi- ness 709, being House bill 2984. 

There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider the bill (H. R. 2984) granting additional pension 

to Apolline A. Blair, widow of the lat e General Francis P. Blair, and 

for other purposes. It provides for the payment to Apolline A. Blair, 

widow of Francis P. Blair, late a major-general in the United States 

Army, of $5,000 in full compensation and payment for money and time 

expended by General Blair in enlisting men and organizing troops for 

United States armies, and that hereafter Apolline A. Blair shall receive, 

in lieu of other pellSion, the sum of 50 per month. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed . . 

LUCY LE G. JEFFER . 

Mr. BLAIR. I ask unanimous consent to taken p Order of Business 

604, being Senate bill1337 . . 

There being no objection, the bill (S. 1337) granting an increase of 

pension to Lucy Le G. Jeffers, was considered as in Committee of the 

Whole. It proposes to increase the pension· of Lucy Le G. Jeffers, 

widow of the late Commodore William N. Jeffers, United States Navy, 

from $25 to '50 per month. 

The bill was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and passed. · 

CAROLINE TRECKELL. 

Mr. PLUMB. I move to take up Order of Business 441, being Senate bill 929, a pension case. There being no objection, the Senate, as in Committee of the Whole, 

proceeded to.consider the bill (S. 929) granting a pension to Caroline 

Treckell. It proposes to place on the pension-roll the name of Caro-• 

line Treckell, widow of Lieut. Greenbury Treckell, deceased, late of 

the Aubrey Cavalry Company, Kansas Militia. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

ROBERT L. WILLEY. 

Mr. HALE. I move that tbe Senate proceed to the consideration of 

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

The motion was agreed to; and the Senate, as in Committee ot the 

Whole, proceeded to consider the bill. It proJX> es to place on the pen-
1884. CONGRESSIONAL RECORD-SENATE. 6031 

sion-roll the name of Robert L. Willey, late a corporal of Company H, 

First Re!riment Maine Heavy Artillery Volunteers. 

Mr. PENDLETON. Is there a report in that case? 

Mr. HALE. There is a report. 

Mr. PENDLETON. Will the Senator make a brief statement? 

Mr. HALE. This is a case that does not come within the letter of 

the law. There is no doubt about that. The man had a long service. 

All his record is of the best kind. He was at home upon a furlough, 

and was wounded by the explosion of a cannon fired on the Fourth of 

July. 

Mr. PENDLETON. I have no objection to the bill after the statement of the Senator from Maine. 

Mr. HALE. There will be no objection to it. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and pas&ed. 

CATHARINE SCHOOLS. 

Mr. GROOME. I move that the Senate proceed to the consideration of the bill (S. 750) granting a pension to Catharine Schools. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to place on the pension-roll the name of Catharine Schools, widow of Thomas Schools, 

deceased, late a private in Company C, First Regiment of Delaware 

Infantry Volunteers. 

Mr. BECK. l am told that there are adverse reports in these cases. 

Is there an adverse report in the case now up? 

The PRESIDING OFFICER (Mr. HAWLEY in the chair). The Secretary informs the Chair that there is an ad verse report in the case. 

Mr. BECK. I did not suppose there would be any bill passed with 

an adverse report without the report being 1·ead. I am told that in a 

number of cases bills have already been passed where the adverse reports have not been read. I should like to hear the report read. 

The PRESIDING OFFICER. Does the Senator call for the reading 

of the report? · 

Mr. BECK. I do; and I shall call for the reading of all adverse reports while I am in the Chamber. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the following report submitted by Mr. JACKSON 

February 19, 1884: 

The Committee on Pensions, to whom wa-s referred the bill (S. 750) granting a pension to Catharine Schools, have considered the same and respectfully re- port: , That Thoma-s Schools, in September, 1861, enlisted as a private in Company C, First Regiment Delaware Volunteers; that he was discharged September 8, 1862, on surgeon's certificate of disability; that on tbe 9th October,1862, he filed his application for pension, alleging a-s the basisofhisclaim thatwhileatCampHamilton, Virginia, on picket duty, early in summer of 1862, he caught a severe cold from the exposure at that time, and from the effects of said cold he became unfit for duty and was discharged; that the disease brought on hemorrhage of the Jungs, from which he still suffers. The case lingered along in the Pension Office awaiting proof, and while so pending the claimant died, February 26, 1879. The evidence shows that his death was probably due to drowning, as his body was found in the water at ' Wilmington, Del., on that day, and no other cause of death is established. His widow, C'atharine Schools, was allQwed to perfect and complete the husband's claim, which she did by proving that he suffered with lung disease from date of discharge to date of death, and the claim was admitted January 19, 1883. at $6 per month (the rate of disability established), from September 9, 1862, to Febru- ary 26, 1879. the date of his death; and this accrued pension was paid to the widow in accordance with section 4718 Revised Statutes. While perfecting the hu band's claim, to secure the benefit of the accrued pen ion thereunder, the said Catharine Schools filed her own application, Sep- tember 27,1879, claiming pension as widow, and stating that the immedi11.te cause of her husband's death was unknown and was sup~o ed to be accidental. Two witnesses made substantially the same statement, 'that his death was a supposed accident, as his body was found in the water at Wilmington, Del., but the immediate cause was unknown.'' Under date of December 29,1881, the at- torney of claimant informed the Pension Bureau that no further proof could be furnished. The widow's claim was accordingly rejected on the ground that the immediate cause of soldier's death wa-s not connected with the military 

service. She now applies to Congress for relief upon the same state of facts. There is nothing so exceptional in the case as to justify special legislative relief, and yonr committee therefore recommend that the bill be indefinitely postponed by the Senate. • 

Mr. BLAIR. Ihopethe bill will pass. Thesoldierdiedfromdisabilities contracted in the service. He was prosecuting his claim for a pension. An accident cut off his life, but shortened it very little. If he 

had not met with the accident he would very soon have died from disease contracted in the service, and the widow under the'strict letter of 

the l..'lw would have been entitled to what is claimed under the bill. I 

hope she will be relieved by the action of the Senate. 

Mr. GROOME. I wish to add to what was stated by the Senator 

from New Hampshire that the soldier who e widow it is proposed to 

pension entered the Army a sound man. Before the war was half over 

he wa,s discharged for disability, and returned home apparently suffering with consumption. He lingered for years without securing the 

pension for which he early applied. One day he wa missing. and a 

few days later his body was found floating in a river of Delaware. 

This raised a presumption which could not be rebutted that the immediate cause of his death was drowning, and not hi.<; pulmonary trouble. 

Assuming this presumption to be correct, he certainly would have died 

at an early day from disea e contracted in the service if his life had not. been shortened by the accident. His widow was allowed to complete 

his pension claim and secure a pension for the period up to the date of 

his death, but it was not allowed to continue after that event, as the 

Department was of opinion that his death was not traceable to disease 

contracted in the service. 

Mr. CAMERON, of Wisconsin. It is a clear case. 

Mr. GROOME. Under the circumstances, I think it is a clear case 

for a pension. 

The bill was reported to the Senate without amendment, ordered to 

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

JOHN W. WRIGHT. 

Mr. PLUMB. I move that the Senate proceed to the consideration 

of the bill (S. 1144) granting a pension to John W. Wright. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. ltproposestoplaceon the pension-roll the name of John W. Wright, late a private in Company D, 

Seventy-seventh Regiment Enrolled 1\Iilitia. of Missouri. 

Mr. BECK. I ask for the reading of the report. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the following report, submitted by Mr. JACKSON 

April 1, 1884: 

The Committee on Pensions, to whom was referred the bill (S. 1144) granting a pension to John W. \'Vright, having carefully examined the same, report as follows: 

John \V. Wright, late a member of Company D, Seventy-seventh Enrolled Mi ouri .1\Iilitia, on 1\Iay 21, 18771 filed his application for a pension, alleging that on January 9, 1863i near the hne of Jackson County, Missouri, he received a. wound through !:}.is eft breast and left arm, the First l\Hssouri Cavalry by mistake firing upon the camps. The Commissioner of Pensions rejected the claim on the grounds that "the soldier was a member of the State militia and not in the military service of the United States, as shown by the official records, and as he failed to prosecute his claim to a successful issue prior to July 4, 1874, as provided by section 4693 of the Revised Statutes." It appears from the papers that the wound received by the claimant was a slight one, causing little or no permanent injury or disability. The ball cnt slightly the left breast and passed through the fleshy part. of left arm below the elbow. The claimant was disabled for only about six weeks. The papers fail to show any existing disability. The committee accordingly recommend that the bill be indefinitely postponed 

by the Senate. 

The bill was reported to the Senate without amendment, ordered to 

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

ABBY P. ARNOLD. 

Mr. ALDRICH. I move that the Senate proceed to the consideration of the bill (S. 764) granting an increase of pension to Abby P. 

Arnold. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to increase the 

pension of Abby P. Arnold, widow of the late General Richard Arnold, 

United States Army, from '20 to $50 per month. 

Mr. BECK. I ask for the reading of the report. It is an adverse 

report, I understand, proposing to give a pension of "50 a month. For 

one, I want to hear the report. 

Mr. ALDRICH. It is of the same class which has been acted upon 

all afternoon by the Senate. 

Mr.- BECK. So I understand; but I think there ought to be a record 

of the ad verse report, to show how little use it is to make ad verse reports and let the RECORD show that these bills are passed in spite of an ad verse report. 

1\Ir. ALDRICH. She is the widow of a very gallant general officer, 

and the only question involved is whether she is entitled to the in- crease. 

Mr. BECK. I understand that a number of members of the Committee on Pensions are now absent. Gentlemen who made the ad verse 

report are not here to tell why they did it. If the bill~ are to be passed 

in their absence, the report at least ought to be made a part of the 

record, to show that they had some reason for reporting adversely. 

The PRESIDING OFFICER. The Chair is informed that there is 

no written report in this case. 

Mr. BECK. Then upon what ground was the bill reported adversely? 

Mr . .ALDRICH. Because she is the widow of a general officer, and 

the committee at that time were reporting this class of cases adversely. 

They reported eight or ten cases of the same nature adversely and the 

Senate has passed them all to-day. I only ask that this lady may have 

the same consideration which. the other widows have had. 

Mr. BECK. I supposed when it was started that they would all 

come in. I am not a member of the Pension Committee and I do not 

know anything about the case. I have no reason to give against it. I 

desired to have the report read. The members of the committee who 

made the report I suppose are not now here, as a number of them are ab ent. 

The bill was reported to the Senate without amendment, ordered to 

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

MARY K. S. EATON. 

l\fr. LAPHAM. I move that the Senate proceed to the con.Hideration of the bill (S. 468) granting an increase of pension to Mrs. l\lary 

K. S. Eaton. . The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to increase the pen-
-

= 

6032 CONGRESSIONAL RECORD- SENATE JULY 4, 

sion now allowed to Mrs. l\Iary K. S. Eaton, widow of General Amos 

B. Eaton, late Commissary-General of the Army of the United State, 

from $30 to $50 per month. 

Mr. BECK. Is there a report in that case? 

The PRESIDING OFFICER. There is. The Senator from Kentucky calls for the reading of the report. . 

The Chief Clerk read the following report submitted by Mr. WILSoN, 

June 2, 1884: 

The Committee on Pensions, to whom was referred the bill (S. 468) granting an increase of pension to 1\Irs. Mary K. S. Eaton, report as follows: Mrs. Eaton, for whose benefit this bill was introduced into the Senate, is now a pensioner at the rate of $30 per month. She has been receiving this pension since June 18, 1878, the date of the approval of the special act of Congress granting the ame to her. No new facts are presented in support of this bill, and the committee are of the opinion that the judpmentof Congress upon such facts as existed at the time said special act was unaer consideration should be taken as conclusive relative to the rate of pension justified by them when said act was passed. The com- mittee fully concur in the judgment so expressed, for the case was one of great merit. But aa no new or additional facts have been brought to the attention of the committee, the pre ent bill is reported adversely. 

Mr. LAPHili. I only desire to state that since the passage of the 

ad giving Mrs. Eaton $30 a month the whole policy of.the Government 

in regard to this class of cases has been changed and 50 a month is the 

rate now allowed. !Irs. Eaton. is eight years older than she was when 

the pension was granted her. She is old and in needy circumstances. 

She has the advantage of most applicants in the fact that she is the 

widow of two major-generals. She has lost two of that rank in the 

course of her life, and so has a double claim for the pension which is 

asked for in this case. Mr. BECK. I understand that this is a case where a pension was 

given her of $30 a month by special act, and now, against the report of 

the committee, with no cause tor it, it is proposed to increase it to $50. 

Her husband was Commissary-General, I understand. Such officers do 

not generally do much fighting. There is no evidence that there is any 

necessity for increasing the pension. I shall only call for the yeas and 

nays on the passage of the bill. 

The bill was reported to the Senate without amendment, ordered to 

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

The PRESIDING OFFICER (Mr. CAMERON, of Wisconsin, in the 

chair). The question is, Shall the bill pass? 

Mr. BECK. I ask for the yeas and nays on the passage of the bill. 

The yeas and nays were ordered; and being taken resulted-yeas 27, 

nays 14; as follows: 

Aldrich, 

Blair, 

Bowen, 

Cameron of Pa., Cameron of Wis., 

Conger, 

Cullom, 

Beck, 

Brown, 

Coke, 

Colquitt, 

Dolph, 

Frye, 

Harrison, 

Hawley, 

Hill 

In~lls, 

Lapham, 

Farley, 

Gorman, 

Groome, 

Hampt-on, 

Allison, Fair, 

Anthony, Garland, 

Bayard, George, Butler, Gib on, Call, Hale, 

Camden, Harris, 

Cockrell, Hoar, 

Dawes, Jackson, 

YEA8-27. 

?tfcl\:Iilhln, 

Mahone, 

Miller of Cal., Miller of N. Y., 

Mitchell, 

Morgan, 

Morrill, 

NAY&-14. 

Jonas, 

Maxey, 

Pendleton, Pugh, 

ABSENT-35. 

.Jones of Nevada, 

Kenna, 

Lamar, 

Logan, 

1\:IcPherson, 

1t1anderson, 

Platt, 

Edmunds, Jones of Florida, 

Plumb, 

Ransom, 

So the bill was passed. 

REUBEN MARSHALL. 

Palmer. 

Pike, 

Riddleberger, 

Sawyer, 

Sewell, 

Voorhees. 

Vest, 

Wilson. 

Sabin, 

Saulsbury, 

Sherman, 

Slater, 

Vance, 

VanWyck, 

Walker, 

Williams. 

:Mr. INGALLS. The House of Representatives passed a bill (H. R. 

569) granting a pension to Reuben Marshall, a bill (H. R. 570) granting .a pension to .U. H. Clements, and a-bill (H. R. 562) granting a pension to H. E. Van Trees. These bills were all reported adversely by 

the Committee on Pensions of the Senate upon the ground that the per- sons were members of a militia company who were called out to repel 

an ·Indian invasion. One of these claimants lost both his legs above 

the knee and also a part of his hand; another lost both his legs near 

the knee, and the third lost both his feet. I ask that these bills may 

be pa sed by the Senate. 

Mr. BLAIR. I wish to say that this very day we pa,sse4 a bill giving a pension to an officer of the militia service in Indiana who lost his 

arm (I think that was the disability he received) when aeting under 

orders of his superior officer, and by the direction of a general ~rder 

from the governor of the State, firing a salute in honor of the capture 

of Vicksburg. This must be a very much stronger case as stated by 

tbe Senator from Kansas. 

Mr. MAXEY. I ask the Senator from Kansas under what authority 

the militia were called out? 

lVlr. INGALLS. By the authority of the governor of the S_tate. I 

move'that the Senate proceed to consider the bill (H. R. 569) granting 

a pension to Reuben Marshall. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole proceeded to consider the "!;>ill. It proposes to place on the pension-roll the name of Reuben 11Iarshall, late a private in the Kansas 

volunteer militia. 

The bill was reported to the enate without amendment, ordered to a third reading, read the third time, and passed. 

1\1. H. CLEME~TS. 

Mr. INGALLS. I move that the Senate proceed to the consideration of the bill (H. R. 570) granting a pension to 1\I. H. Clements. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to place on the 

pen ion-roll the name of Af. H. Clements, late a private in the Kansas 

volunteer militia. 

The bill was reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

H. E. V .AN TREES. 

Mr. INGALLS. I move that the Senate proceed to the consideration of the bill (H. R. 562) granting a pen ion to H. E. Van Trees. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to place on the 

pension-roll the name of H. E. Van Trees, late a first lieutenant in the 

Kansas volunteer militia. 

Mr. SHERMAN. That is reported adversely. I should like to know 

upon what ground. 

Mr. FARLEY. About fifty bills have been passed to-daywhich were adversely reported. 

Mr. INGALLS. The bill passed the House of Representatives, and W:;tS reported adversely by the committee here upon the ground that the 

person was a member of the State militia called out to repel an Indian 

invasion. In the discharge of his duty his legs were frozen and both 

amputated at the ankle-joint, in which position he now remains. 

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

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by 1\:lr. CLARK, its 

Clerk, announced that the House had concurred in the report of the 

committee of conference on the disagreeing votes of the two Houses on 

the amendments of the Senate to the bill (H. R. 7235) making appropriations to supply deficiencies in the appropriations for the fiscal year 

ending June 30, 1884, and for prior years, and for those certified as 

due by the accounting officers of the Treasury in accordance with section 4 of the act of June 14, 1878, heretofore paid from permanent appropriations, and for other purposes; further insisted upon its disagreement to the amendments of the Senate numbered 5, 6, 7, 8, 9, 10, 11, 

19, 21, 22, 39, 47, 48, 49, 85, 86, 87, 92, 101, 110, 117, 122, and 138, 

insi ted upon by the Senate; agreed to the further conference asked by 

the Senate on the disagreeing votes of the two Houses thereon, and had 

appointed Mr . . SAMUEL J. RANDALL of Pennsylvania, !:lr. J. N. 

BURNES of Missouri, and !:lr. WILLIAM H. CALKINS of Indiana managers at the further conference on the part of the House. 

LAURA PRINE. 

Mr. CALL. I move that the Senate proceed to the consideration of 

the bill (S. 986) granting a pension to Laura Prine. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to place on the pension-roll the name of Laura Prine, only surviving daughter and heir of 

Robert F. Prine, who served as a private in Capt. F . .M. Durrance's 

company of cavalry in the Indian war of 1856 and 1857, and was killed 

by the Indians, while so serving, on the 16th day of June, 1556, at a 

battle on or near Peace Creek, in Florida. 

Mr. SHERUAN. I should like to have the adverse report read. 

The PRESIDING OFFICER. The report of the committee will 

be read. 

The Chief Clerk read the following report submitted by Mr. JACKSON, February 26, 188-!: 

The Committee on Pensions, to whom was referred the bill (S. 986) granting a pension to Laura Prine, having examined the same, submit the following repoL~~a. Prine is the daughter of private Robert F. Prine. Said Robert F. Prine was enlisted in Captain Durrance's company in the Florida war, and was killed while in the line of his duty at Peace Creek, Florida, on June 14., 1856. Laura Prinefiledherapplicationforpensionas minor child on April I>, 1880, and it was rejected by the Commissioner of Pensions, under section 4713 of the Revised Statutes. ''The claim was not filed within three years of the time tl1e right accrued (which was the date of the widow's remarriage, about 1857), and therefore as pensjon would commence from date of filing the last paper necessary to estab- lish the claim, and the claimant ha,s been 16 years of age for several years, there is no period of time for which pension could be paid if granted." In this action of the Commissioner no error is discovered, and no pecia.l res-- son appears from the papers before your committee for making this case an ex- ception to the general rule. The case was l>efore your committee a.t the firsti se ion of the Forty-seventh Congress, was then carefully considered and re- ported upon adversely. It is again before ns upon the same state of facts, and the committee again recommend that the bill be indefinitely postponed by the Senate. 

Mr. CALL. It will be seen by any one who will examine the law 

that section 4713 of the Revised Statutes has no reference to this case 
I -~-

1884. CONGRESSIONAL RECORD- SENATE. 6033 

and that the limitation which is supposed to be contained therein has no application whatever to it. That section provides thatr- ' 

In all cases in which the cause of disability or death originated in the service 

prior to the 4th day of larch, 1861, and an application for pension shall not have been filed within three years from the discharge or death of the person on whose account the claim is made, or within three years of the termination of a pension previously granted on accoWlt of the service and death of the same per- son, the pen ion shall commence from the date of filing by the party pros~cuting the claim the last paper requisite to esta-blish the same. But no claim allowed prior to the 6th day of June, 1866, shall be affected by anything herein 

contained. 

That section, which is alleged as the reason for rejecting this claim, 

has no reference whatever to it. The papers show that this man was 

killed in the service of the United States in actual battle, an enlisted 

oldier; that his child was then an infant of two years, and that she 

has been an imbe<;ile as well as a pauper ever since. ·She was wholly 

unadvised of her rights under the law, and was prevented if she had 

been advised during the period of the war from making any application, and was without a guardian. Being still a dependent and still a 

pauper, the bill proposes to give the amount which the law would give 

her to the period when she was 16 years of age. 

There is no objection to the bill in law, because an imbecile is not 

responsible tor any limitation of time. There is no objection on account of service, because the man gave his life and came within the 

conditions of the law. There can be no ground of reason and no ground 

{)fbumanity, when this man gave his lite in conformity with the law, 

why his child, a pauper and an imbecile, should not have the stipend 

allowed by the law up to the time when she was 16 years of age. I 

.app·eal to the justice as well as the compassion-of the Senate that she 

may be allowed this pension. . 

1\fr. BLAIR. I have not been able to give attention to the bill. I 

should like to ask the Senator what is the eflect of its passage. Does 

it give this imbecile girl simply a pension from the date of its passage? 

Mr. CALL. The bill simply places her on the pension-roll, subject 

to the provisions and limitations of the pen ion laws. 

l\lr. BLAIR. The bill ought to be passed if it provides for that; but 

:if it provides for arrears of course that is another question .• 

Mr. CALL. I am perfectly willing that the bill shall be amended 

. o as to give her the pension from this time. I donotseekto give her 

. a ]_)ension in the sense of arrears. I will accept any amendment the 

.Senator from New Hampshire may propose. 

l\1r. BLAIR. After the word ''roll,'' in line 4, I move to in ert: 

The pension to be paid, at the rate of S8 per month, from and after the passage •of this act. 

The amendment was agreed to. . 

The bill was reported to the Senate :is amended, and the amendment 

was concurred in. 

The bill was· ordered to be · engro ed for a third reading, read the 

.third time, and passed. 

MARIE LOUI E CRAVEN. 

1\Ir. BLAIR. I move that the Senate proceed to the consideration 

"()f the bill (S. 122 ) granting an increase of pension to Mrs. Marie Loui e Craven. This i the widow of Captain Craven, who went down with 

.his monitor at the bead of the fleet of Farragut steaming into Mobile 

Bay. . 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It proposes to place on the pension-roll the name of 1\'lrs. Marie Louise Craven, widow of T. A. 1\I. 

-craven, late a commander in the United States-Navy, at 50 per month. 

The bill was reported to the Senate without amendment, ordered to -be engrossed for a third reading, read the third time, and passed. 

SARAH NICOLL CRANE. 

'1\Ir. BLAIR. I move that the Senate proceed to the conside~ation 

.()f the bill (H. R. 1930) granting a pension to Sarah Nicoll Crane. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. It propo es to place on the peii'-

:sion-roll the name of Sarah Nicoll Crane, widow of Brig. Gen. Charles 

H. Crane, deceased, late Surgeon-General of the United States Army, 

at the rate of 50 per month. 

The bill was reported to the Senate without amendment, ordered to 

..a third reading, read the third time, and passed. 

MARTHA T. STRIBLING. 

Mr. HARRISON. I move that the Senate proceed to the consideration of executive business. 

Mr. MILLER, of New York. I hope we shall finish these cases 

:now. 

1t1r • .BLAIR. There is one case, that of Mrs. Stribling, ~idow of 

Rear-Admiral Stribling, which was reported favorably by the committee to-day. The Senator from illinois [Mr. CULLOM] is interested in the 

.case. Mr. CULLOM. That is ·one of the most meritorious cases that has 

\been before the Senate, and I hope it will be taken up and passed. 

Mr. HARRISON.. l will yield for that purpose only, if I may do so. 

The PRESIDING ·OFFICER. The Senator can not do that. .Mr. H.A;RRISON. Very good; I withdraw the motion. 

XV--318 

:M:r. CULLOM. I hope that by unanimous consent the bill increasing the pension of 1\Irs. Stribling may be consitlered. It is a very 

meritorious case. 

The bill (H. R. 2869) for increase of pension of 1\Iartba T. Stribling, 

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

States Navy, was considered as in Committee of the Whole. It proposes to increase the pension of Martha T. Stribling, widow of Cornelius K. Stribling, late a rear-admiral in the United Sta,tes Navy, and to 

pay her a pension at the rate of $50 per month. 

The bill was reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. v WILLIAM W. AVERELL. . 

Mr. MILLER, of New York. I move that the Senate proceed to the 

consideration of the bill (H. R. 2487) for the relief of Bvt. Maj. Gen. 

William W. Averell, United States Army. 

The motion was agreed to; and the Senate, as in Committee of .the 

Whole,. proceeded to consider the bill. 

1\Ir. MILLER, of New York. It will be noticed that the Committee 

on Military Affair have reported an amendment. I trust that the 

amendment will not prevail. This is a House bill, and it is desired to 

pass it in precisely the shape in which it came to us from the House. 

The only difference between the bill as it passed the House and the bill 

a amended by the Senate committee is in the grade in which it is proposed to retire General Averell. The principle is precisely the same. 

The House propo es to retire him as a colonel, w bile the amendment of 

the committee propo es to retire him as captain. . 

I do not desire to discuss the question. I do not think it is necessary. If anything is to come of it the bill should pass the :::lenate as 

it came from the House, and certainly it is proper that he should be retired in that grade. 

1\:lr. HARRISON, This bill is one of a very numerous lot of bills 

which have been under consideration by the Military Committee. We 

are constantly beset at every session of Congress to place on the retiredlist, on three-quarter pay, office~ who for one reason or other left the 

regular Army and sought civil life and followed its pursuits for anumber of years, and who by reason of failing health or misfortune in business or some reason find themselves disabled from obtaining a. living . 

It is simply pension; that is all it is. It is not a pension in form, but 

a pension in fact. The Military Committee of the Senate in reporting 

this amendment determined that in every case where that was done, 

where they consented at all to do it, they would report that the officer 

should go upon the retired-lit as of the rank he actually held in the 

regUlar Army at the time he left it, not the rank he .held in the volunteer service but the rank he held in the regular Army at the time be 

left it; in other words, to give him precisely the same advantage he 

would have had if he had gone upon the retired-list at the time he left 

the Army. That is the reason for reporting this amendment. If GeneralAverell, instead of seeking private pursuits, had gone upon theretired-list at the time be left the Army, he would have gone upon the 

list with the rank of captain, nothing higher. · 

I want to c..'lll attention also to the fact that the Senate voted yesterday to sustain a veto in the case of Fit.z..J ohn Porter where the objection of the President to the bill was put upon grounds that would be 

fatal to this and every other like bill. The Presid~nt placed his objection to that bill upon the ground that it was practically creating an 

office on the condition that it should be filled by a particular person, 

which is true of all these bills that seek to place persons who have gone 

out of the Army upon the retired-list. 

I havemyselffelttbat, meritorious as manyofthesecasesare, strongly. 

a they appeal to our sympathy by reason of the gallant services which 

these officers rendered during the war, the only just way was, the only 

just way to the volunteer officers of the Army who can not go on the 

retired-list at all, the only just way to disabled men who rendered similar services and suffered similar disabilities, is to take care of all these 

meritorious cases by appropriate pensions, and I would be liberal in 

:fixing the amount, but I do not think we ought to yield to the request 

of the Senator from New York to plaee an officer upoz:t the retired-list 

with a grade he never held in the Army of the United States, giving 

him the benefit of his volunteer rank upon a retired-list to which no volunteer officers had any access at all. The Senator can not say more than I will say about the distinguished character of the services of Gen~ 

eral Averell and his merits; but it was with the view I have stated 

that the committee reported this amendment. · 

Mr. CONGER. ~1r. President, when Congresshaveprepared a general bill either for retiring or for pensioning, then it will be very well 

to object to the passage of a special bill. Until they have acted upon 

that, the merits of this case being admitted, I am very sorry to see the 

opposition to the bill. If there is any one among the officers who have 

rendered gallant services to their country and are well deserving of 

their country, it is General Averell. There is no objection to this bill 

on account of his service. 

It has been the custom of Congress to retire officers who have been 

wounded or slightly wounded with the rank which they held at the 

time of receiving the wounds. That was the case with General Heint-
6{)34 CONGRESSIONAL RECORD- SENATE. JULY 4;~ 

zelman, General Casey, and a score of men that I could mention, for no 

other reason than that they held that rank in the volunteer army at 

the time they received their wounds. I hope this bill may pass. When 

a general bill is prepar~d let the other cases come under the bill. 

Mr. HARRISON. There was such a law as the Senator from Michigan has spoken of, giving the benefit of their volunteer rank toregular 

officers on retirement, but that was repealed a long time ago. 

l\1r. CONGER. But Congress by a special act--

Ir. HARRISON. It mfl,y be that. we have passed some special acts. 

I am prepared t<~ be told that we have done alm.ost anything in these · cases; but the Committee on Military Affairs thought 'there should be 

some uniform rule, and it is making a most favorable exception of an 

officer to put him back on the retired-list after he has voluntarily left 

the service, and to put him back with the rank he held then is all that 

ought to be asked in any case. 

1\Ir.l\IILLER, of New York. I will not detain; but at the breaking 

out of the war General Averell was a captain in the regular Army. 

He took service in the volunteer forces of the cmmtry-in command of a 

regiment, was promoted through all the ra·nks up to that of major-general, and served for a year or two as major-general. If he had continued his service in the regular Army during the war, instead of taking 

service with the volunteers, be undoubtedly would have been promoted 

several times during the war. 

1\Ir. HARRISON. Not necessarily, the Senator will allow me. This 

service as a volunteer officer did not interfere with promotion in the 

regular Army. 

.Mr. MILLER, of New York. There is no question between us except the question of rank. The House has passed the bill with the rank 

of colonel, and as the Senate committee have suggested it amounts to a 

pension bill. Of course the question is what the pension shall be. It 

depends upon the grade. The House have given him the grade of colonel, and I hope the Senate will pass the bill just as it cam~ from the 

House. 

1\Ir. HAWLEY. I bad the honor of reporting this bill favorably, 

and did it with great satisfaction. It is true the committee directed 

me to report it with an amendment placing hi.m on the retired-list with 

the rank of captain only, but I am perfectly willing to be overruled, 

and having reserved the liberty that every committeeman has, I shall 

vote to overrule myself in order to concur with the House and place 

him on the list with the rank of colonel. He was wounded by a shot 

in the head from which he has never entirely recovered; some of his 

ribs are broken, his leg is shot through with a rifle ball and one is permanently shorter than the othe:r;. He left the Army, it is true, about 

the close of the war, despondent about military service,· and thinking 

· he could get a living in civil life. Had he stayed a little longer in the 

Army be would have been retired as a major-general. His health has 

broken down since that time. The details I need not go. into. I know 

them from long acquaintance with him. I know them from the surgeon who attended him. He has been in the grave virtually several 

times; be is out of it now, I am happy to say, and I hope will live 

many years longer. 

He 'Yas a captain in the regular Army, and failed of promotion undoubtedly because of his going into the volunteer service, where be rose 

to the rank of major-general. He bas an extraordinary record of service 

a .a cavalry .officer during the war as well as against the Indians before 

the war. We are here to make exceptions in some cases; we are obliged 

to sit as a ort of court of equity, and to remedy those things in which 

the law by reason of its universality is deficient. This is exactly one 

of those cases. We are not setting an extraordinary precedent, for we 

shall have no such great war again. There are numberless cases where 

I bold that men have not. bad the honor or the reward that a great 

country might very well give them. I wish to give the rank on the 

retired-list of captain or colonel- ! hope it will be colonel to this brilliant soldier. 

1\1r. HAMPTON. I concur very fully with what the Senator from 

Connecticut has just said, and being on the committee, I desire to see this officer retired with the rank of colonel. The Senator was instructed by the committee to propose to put him with the grade of 

captain, and of course that report was made. I feel that I am not doing anything against the committee when I ~xpress my opinion and 

bear a very cheerful and willing testimony to all that .the Senator 

from Connecticut bas said about General Averell, whom I lli'ld the honor 

of fighting >ery often during the war. 

The PRESIDING OFFICER. The question is on the amendment of 

the Committee on Military .A:ffa:iTs. 

Mr. COCKRELL. Has the report in this case been read? 

The PRESIDING OFFICER. It has not. 

:Mr. COCKRELL. Let it be read. 

The PRESIDING OFFICER. The report will be read. 

1\Ir. HAWLEY: I hope the Senator will consent to the sbortenjng 

of some portion of it. Read the report without the exhibits. 

The PRESIDING OFFICER. Will the Senator from Uissouri con- sent that the report shall be read without the exhibits? 

Mr. COCKRELL. I should like to hear the exhibits and the whole 

case. 

The Secretary read the following report, submitted by J.\Ir. HAWLEY'" 

April 8, 1884: 

The Committee on Military .Affairs, to which was referred the bill (H. R~ 2487). fortbe reliefofBvt. Iaj. Gen. William W. Averell, respectfully reportl: That this bill bas been considered by the committee, and it recommends the- pasSilge of t.he bill with the following amendment : Strike out all R.fter the word "volunteers," in the tenth line, and insert the-· following: "a captain in the United States .Army: lind the President is further authorized to place said Averell, when so appointed, on the retired-list, with the . pay and emoluments of a retired officer of the rank of captain; and the retired- list is hereby enlarged forth is purpose, and no further, so as to place said Aver- • ell on said list." The committee adopt as a statement of facts substantially the reports made in the House in the Forty-seventh and Forty-eighth Congresses, as follows, b'ut incorporating therein its own conc::lusions and recommendations: In recommending, as we do, the passage of the present bill, we do not deem it necessary to enter into any full account of the military services of that officer during the time he was connected with the regular Army. The e servines and 'their results were so great and conspicuous as to have pa sed into thehistoryoi' the country, and to have become familiar knowledge with all the members of"' the House. 'Ve shall ~o no_ r;nore i~ this regard1 therefore, than to!lttach to this paper an abstract of h1s mthtary hiStory as denved from the offimal records oi' the Government, which we make Exhibit A, together with.a list of the battles in which General Averell was engaged, which has been furnished to the com- mittee by the Adjutant-General of the Unit.ed States .Army, and which we make Exhibit B. For the purpose of indicating the relations sustained to these en- gagements by General Averell, we have added to the report of the Adjutant- General those parts of Exhibit B which are embraced in brackets. Since, however, the principal grounds upon which this application to be placed upon the retired-list is based are disability and incapacity, which are "there sult and incident" of the said service, and because this fact is, in its nature, one which can not be fully disclosed by the public records, we have thought it best to obtain, and attach t<> this paper, such a statement of the nature of General Averell's services, the circumstances under which they were rendered, the in- juries and wounds he received, and of the effect of the service upon his health~. 

as would be the most reliable, as based on actual personal knowledge, and would show the nature of such disability, and that it is" the re ult of an incident of the service." 

Such a statement we hereto attach, marked Exhibit C, dated 25th January~ 

1879, addressed to Hon. HoRACE B. STRAIT, of the 1\Iilitary Committee of the House of Representatives by W. D. Stewart, brevet lieutenant-colonel and late surgeon of United States Volunteers. It will be seen that this officer was a mem- ber of General Averell's staff, was his constant companion throughout the late war, and is, of all others, perhaps the most competent person living to give true and full in rmation as to the arduousness of the general's services, the nature and effect of his wounds and disabilities, and the causes thereof, and of the dan- ger to his life to be apprehended from hi13 continuing in the service after the period at which his growing disabilities compelled him to resign, as explained 

by Dr. Stewart in his said letter. This resignation occurred on the 18th of May, 186.'5, and not until he had passed 

through all the perils, exposures, and hardships of the entire war, had seen the complete restoration of peace, had written in his country's history one of its most brilliant chapters. We can not be mistaken in saying that in the innumer- able examples of patriotic service furnished by the late war no one combine in it more of constant and protracted exposure, danger, and exhausting toil, greater· demand for vigilance. sagacity, energy, and self-reliant command, more mas-- terly ability, both in plan and execution. or more uniform success in campaign or battle, than is shown in the services of General Averell. When at la the was prompted to resignation by the effect of hi honorable · wounds, there was no law in existence which suffered him to be retired 'vith the rank and pay which he had long held in the volunteer army, and in which he had led as commander portions of our. armies to some of their most impor- tant victories. . To this fact we call special attention in connection with the qther fact, that in 

precisely one year, two months, and thirteen days after his said resignation the Congress did, for every citizen of the United States who sustained to the conn- try the identical relation which General Averell sustained as a disabled officer of the regular Army on the day of his resignsttion, precisely what the present bill proposes to do for him now. The Congress, on the 28th of July, 1866, passed. a general act authorizing every "officer of the regular .Army, entitled to be re- tired on account of disability occasioned by wounds received in battle, to be re- tired upon the full rank of the command held by thetn, whether in the regular 

Army or volunteer ervice at the time such wounds were received." These are the words of the act as found in 14 Statutes at Large, page 337, section 32. All tba the present bill, with the amendment propo etl by this committee, if enacted into law, will do for this distinguished officer i to put him Gn there-- tired-list with the rank of captain, being the rank he held in the line of the reg-- ular Army at the time of his resignation, though he was then fl. brigadier-generl\1 of volunteers, holding the command of a. major-general, and had been brevetted major-general in the regular Army. _Had he remained in the service a little more than a year longer, he could have retired with at least the rank of brigadier-general. ~ 

Sad experience having shown "that he is incapacitated by wound received . and disease contracted in the service from earning a living in civil life, the com-- mittee, in view of his splendid record, desire to grant him at least the rank upon . tbe retired-list to which he wsts entitled nineteen years ago. No extension of this statement can add anything to the force of the facts which , we embody in the exhibits which we annex to the paper, and we therefore here conClude it. 

EXHIBIT A.. 

Eegular Army record. 

Graduated from United States 1\Iilitary Academy and appointed brevetsecoud 1 

lieutenant Mounted Riflemen July 1,1855; second lieutenant 1\Iounted Riflemen May 1, 1856; first lieutenant Mounted Riflmen 1\Iay 14,1 61; captain Third Ca..v- ah·y July 17, 1862; brevetted major March 17, 1863, for gallant and meritorious, services at the battle of Kelly's Ford, Virginia; lieutenant-colonel November G, 

1863, for gallant and meritorious services in the action at Dl"Oop Mountain, Vir- ginia; colonel December 15,1862, for gallant and meritorious services during the Salem expedition; brigadier-general March 13, 1865, for gallant and meritorious' services in the field du.ring the rebellion; and major-generall\Iarch 13. 1865, for · gallant and meritoriou services at the battle of Moorefield, Va. Service: On duty at Carlisle Bartacks, Pennsylvania, from December 15,1855, to August 27, 

1857, when he left with recruits to join his regiment; joined regiment November '1:7, 1857, and served with it in New Mexico to (wounded in action with Navajoe · Indians on night of October 8, 9, 1858, and absent-, sick on account of wounds, to February 22, 1859) 1\Ia.rch 30, 1859 ; on sick leave and . C. D. to June 7, 1861; on mustering duty at Elmira, N. Y., to July 2, 1861; acting assistant adjutant-gen-- eral to Bri~. Gen. A. Porter from July 5 to October 7, 1861. (See volunteer reo-- ord beloW.J Resi~ned ascapta.in.Third.Ca~lry :llaY.lB, 1865. 
1884. CONGRESSIONAL RECORD-SENATE. 6035 

Volunteer record. 

Mustered in as colonel Third Pennsylvania Cavalry October 7, 1861, to rank from August 23 1861, and served with his regiment in the Army of the Potomac to October -, i862. Appointed brigadier-general of volunteer September 6, 

~!rvice: Commanding cavalry brigade Army of the Potomac from October, 1862 except when on sick leave from eptember 5 to 24, 1862, to February 22, 1863'· Second Cavalry Division, Army of the Potomac, to fay 4,1863, when or- dered to report to the Adjutant-General of the Army, and, on May the 13th, 1863, was ordered to Philadelphia, Pa., to await further orders. A umed command of the fourth separate brigade of the Middle Departme~t 

May 23, 1863, which became the first s~parate brigade, Department of West Vu- ginia, in June, 1863, and commanded 1t to JU??!J:ry 20, 1864; on leave of ~bs~n.ce 

to February 9, 1864; commanding Four~ .D.Ivtston, Department West V~g~a, 

to April26, 1864, and Second Cavalry Division, Department of West VugLDm, 

toSeptember23, 1864, when relieved by Ge~~ral Sheridan ~ndordt;red to Wheel- ing, ,V. Va., to await further or~ei"S; awa1ting orders un!'iJ: he resigned, May 18, 1865. The list of battles in whwh General Averell participated has not been fully made up; this report is not held for that, as it would inv?lve a considera- ble delay· the list will be sent in as soon as completed if requued. ' E. D. TOWXSEND, 

Adjutant-General. 

EXliiBITB. 

List of battles and other actions in which ·W. W. Averell, late colonel Third Pennsylvania Cavalry and brigader-general of volunteers, participated dur- ing the war of the rebellion, as shown by the record of the Adjutant-Gen- eral's Office. 

Bull Run, July 21, 1861 [acting assistant adjutant-general, regular brigade]. 

Siege of Yorktown, April5, May 4, 1862 [col..mel Third Pennsylvania Cavalry]. 

Williamsburg, May 4 and 5, 1862 [colonel Third Pennsylvania Cavalry]. Malvern Hill, July 1, 1862 [commanding rear guard]. 

Sycamore Church, August 2, 1862 [in command, commanding brigade cavalry]. White Oak Swamp, August 5,1862 [commanding brigade cavalry]. 

Markham, 

Upperville, l Corbin's Cross-Roads, ~November 2-10[commanding brigade cavalry]. Gaines' Cross-Roads, 

Amissville, 

Hartwood, February 25, 1863 [commanding Second Cavalry Division]. 

Kelly's Ford, March 17,1863 [in command, commanding Second Cavalry Di- vision}. 

Stoneman's raid, including skirmishes of Rapidan Station and Ely's Ford, 

&c., April 29, 1\Iay 8,1863 [in command, commanding Second Cavalry Division]. 

Beverly, July 3,1863 [in command, commanding Fourth Separate Brigade). 

Hedgesville, July 19, 1863 (in command, commanding_ Fourth Separate Bri- gade]. 

Rocky Gap, August 26, 1863 (in command]. · Droop Mountain, November 6,1863 [in command·; drove enemy for first time out of,Vest Virginia.; captured threeguns and trains after severe engagement]. Cove Gap, May 10,1864 Lin command; severe and successful engagement with Genera-l John Morgan's forces, pre'\"'enting his junction with Jenkins against General Crook, at Dublin; was severely wounded]. 

Lynchburg, June 17 and 18, 1864 (commanding two division of cavalry). 

Liberty, June 19, 1864 [commanding two divisions of cavalry]. Buford's Gap, June 20, 1864lcommanding two divisions of cavalry]. Carter's Farm, July 20, 1864 [in command; defeated Ramseur's division of Early's army and Vaughn's division of cavalry; captured four guns]. Winche ter, July 2~, 1864 (comJD.anding division of cavalry]. 

l\loorfield, August 7,1864 [m command; defeated McCausland's division; capt- ured four guns and one-quarter of the enemy's forces and hor e ]. 

l\1artinsburg, August 31, 1864 [in command]. Bunker Hill, September 2, 1864 [in command]. 

Opequon, September 19, 1864 [commanding division cayalry; captured one gun and three field-works). . 

Fisher's Hill, September 23,1864 [commanding division cavalry; captured sev- eral guns and over four hundred prisoners]. 

Mount Jackson, September 23, 11:S&i [commanding division cavalry]. 

E. D. TOWNSE...~, 

Adjutant-General. .ADJUTANT-GENERAL'S OFFICE, 

Washington, D. 0., January 25, 1879. 

EXHIBIT C. 

WASHINGTON, D. C., January 25,1879. 

, MY DEAR Sm: .As one of the numerous friends of Bvt. Maj. Gen. W. W. Aver- ell, I have the honor to submit for your consideration the following statement of facts embracing my personal, official, and profes ional knowledge of his ex- tensive and arduous military service during the late war of the rebellion, and the results upon his health as manifested at the time and subsequently developed, and which still continue: 

Early in 1861 I .was commissioned a" surgeon of the United States Volun- teers,' and immediately assigned to duty as medical director on the staff of Gen- eral Andrew Porter, U. S. A ., at that time in command of the provost guard of the military district of Washington, including the Di trictofColumbiaandof Alexan- dria County, Virginia. GeneralAverell,atthetimeindicated,wasactingassi tant adjutant-general (with rank of captain) to General Porter, and was at that time uffering from manifest physical disability caused by a wound received in battle with the Indians two years previou , in New Mexico, resulting in an oblique fracture at the upper third of the left femur or thigh bone, and causing perma- nent shortening of the left leg by one and a half inches. This resulting disabil- ity had been much intensified by the great fatigue and exposure incurred by him as bearer of dispatches to Colonel Emery, at Fort Arbuckle, Indian Terri- tory, in February, 1861. From this time to May 18,1865, the date of General Averell's resignation from the United States Army, my profes ional and official r elations to General Averell were intimate and almo t continuous. I was his medical director during the important and exhau tive marches, 

campaigns, and battle in which he commanded in the Military Department of 'Vest Virginia, particularly the unparalleled and continuous march of twenty- three days and nights from New Creek, West Virginia, to Salem, on the Ten- ne ee Railroad, destroying said railroad for many miles, and the extensive depots of upplies assembled there for General Longstreet'sa1·myin December, 

1803, and during the mo t terribly cold weather known for years. In this march of indescribable hardships, di:fficuities, and dangers, cutting entirely loose from the Federal lines and depending upon subsistence obtained in the enemy's coun- try, and ulmost surrounded by an enemy greatly superior in number , in mid- winter, General Averell's health sustainedseriouspermanentinjury, from which he has never and never will recover, and under circumstances the most favora- ble to be hoped for will always remain disabled for life. On the return march from Salem, W.Va., after accomplish in~ the de truction of the railroa<l and extensive depots of rebel supplies at that important point, General Averell was, in consequence of the failure of promised .and expected 

co-operation, compelled to literally cut his ~Y through an enemy many times outnumbering his command, over a mo~tamous and almost roadles_s country, by unfrequented and indirect roads leadmg through narrow mountam gorges, the streams largely swollen by continuous rains and hail_ into apparent~y im- passable rivers forbidding, in their rushing torrents, the Idea of attemptmg to cro , and yet ~ro ing by ~wimming ~is co~and, artill_ery, an.d amb~a:nce train at fre('Juent interval , 1n all of which, w1th<?ut cessat10n or mtermtsston, 

day or nio-ht General Averell at the head of h1s command, led every move- ment-th; w~therso cold, the 'air so piercing, that ~ftt;r swimming the streams our clothes would be frozen stiff on our persons as 1ce Itself. Thus through swimming torrents of freezing water, and over mountainous by-roads or paths glazed with ice, almo~t entirely without food or ~re for three days and nights, General Averell ~ed hlS command, not once seekmg or favor- ing his own per onal comfort, until he had successfully eluded the enemy; and reaching Martinsburg, W . Va., himself and hiscol?-ma.nd almostex}laustedfrom 

fatigue, hunger, and expo ure. The effect of this long and ternble expos~e 

was immediately perceptible on the health of General Averell, soon .resultmg in an attack of malarial remittent fever, com plica ted with the mo t ser10us hem- orrhage from the bowels I ever witnes.<;edor have ever kno~n to rec<?ver .. :r'.his was still further complicated by a fall General Averell rec~'\Ted while VIS1tmg 

pickets at night, some two days previous to h_is being confined to his bed, by which accident he sustained the fracture of a. rtb. . The ce sation of hostilities and close of the war left General Averell such sen- ous phy ical disability-the result ?f :;uch long-continued a.nd exhaus~vt; serv- ice-as to make it very doubtful tf It were prudent for h1m to remam m ~he 

Army, with the liability, almo t o. certainty, of being ord~red to the frC!nher, where he would not have either there tor comforts essential to the repatr and ·recovery of his health to that extent which he ~ven mig~t hop_e for by remain- ing here in immediate reach o_f all ~ho t; appliances whtch J;llS shattered and exhausted health required. His resignntwn I deemed at the ttme called or, and justified by reason of the facts which I ha'\"'e indicated. The muscular atrophy of the fractured limb (left thigh), with permanent shortening of one anda hali inches· frequent painful neuralgic attacks, resulting from the lacerated gunshot w~und of the scalp, recei_ved at the battl~ of Wy~he~ ille, '~· Va.; the frac- tured rib and the permanent Impress upon h1Sorgantzat10n; hlSlong,arduous, and cxh~ustive services make his claim to the fa'\"'oro.ble consideration cf Con- gress and the gratitude ~f the country one of peculiar and quite exceptional merit. 

In what I ha'\"'e said in the foregoing brief history of the facts of which I was personally cognizant and familiar, I have _but. attempted ~o discharge a pleasant 

duty I feel incumbent upon me to a mentor10us and fruthful officer, who has. lost his health and spent hi best manhood in his country's service, and of whom. it will ever be the pleasantest memory. of m~ life to recur to t_he . ubordinate <?f- ficial relation I had the honor to sustam to him, or to serve hrm m the future m any way possible. . I have the honor to be, your obedient servant, W. D. STEWART, M. D., 

Brevet Lieutenant-Colonel and late Surgeon United States Volunteers-. 

Hon. HORACE B. STRAIT, I. C.1 Committee on Maitary Affairs. 

Mr. COCKRELL. Mr. President, I hope the Senate will concur in 

the amendment of the Committee on Military Affairs, and for the information of the distinguished Senator who reported this bill I desire 

to read a. little article which was read here in the Senate the other day, 

but I fear it was not attentively listened to by the distinguished Senator or that it fell upon deaf ears, judging by his action in this case: 

To the House of Representatives: 

After careful consideration of the bill entitled "An act for the relief of Fitz- John Porter,'' I herewith return it 'vith my objections to that Hou."le of Congress in which it originated. Its enacting clause is in terms following: ''That the President be, and he is hereby, authorized to nominate and, by and with the ad- vice and consent of the Senate, to appoint Fitz-John Porter, lat~ a major-gen- eral of the United States volunteer , and a brevet brigadier-general and colonel of the Army, to the position of colonel in the Army of the United States, of the ame grade and rank held by him at the time of his dismis al from the Army by sentence of court-martial, promulgated January '1:7,1863," &c. It is apparent that should this bill become a law it will create a. new office, which can be filled y the appointment of the particular individual whom it specifies, and can not be filled otherwise; or it may be said with perhaps greater 

preci ion of statement that it will create a new office upon condition that the par- ticular person designated shall be cho en to fill it. Such an act, a it eems to me, is either unneces ary and ineffective, or it involves an encroachment by the legislative branch of the G&vernment upon the authority of the Executive. As the Congress has no power under the Constitution to nominate or appoint an of- ficer, and can not lawfully impo e upon the President the duty of nominating or appointing to office any particular individual of its own selection, this bill, if it can fa_irly be con trued as requiring the President to make the nomination and, 

by and with the advice and consent of the Senate, the appointment which it authorizes, is in manifest violation of the Constitution. 

So the distinguished Senator said by his vote upon that message. 

Now he asks us the very next day to turn around and violate that view 

of the Constitution. ' 

Mr. HAWLEY. ~fay I make an inquiry of the Senator? 

Mr. COCKRELL. As a matter of course. 

Mr. HAWLEY. I believe the Senator, notwithstanding that· mes-- sage, did vote to pass the bill in question, so that there are no such 

scruples standing in his way. If he, notwithstanding that argument, 

is at liberty to Yote for the bill, I will take care of myself. I had other reasons for voti.J..ig as I did in the Fitz-Jobn Porter case besides those 

stated in the me sage. · 

Mr. COCKRELL. I am not oppo ing this bill because I say that 

this argument is true. I voted again t the message; the Senator voted 

for it. He admitted the validity and force of the constitutional argu- ment. I did not. 

Mr. President, the Committee on Military .Affairs aimed to do equal 

and exact justice in this case, the exa-ct and equal justice which it does 

in other cases. There are hundreds of applications to be restored to 

the retired-list of the A.rmy by officers who were once connected with 

the A.rmy. Every one who was ever an officer of the regular Army, 

almost without exception, who has become incapacitated or unable for 

the duty of struggling with the ills of life and overcoming them and 

making a support, is appealing to Congrsss to authorize his reappointment to the Army and to place his name on the retired-list. 
6036 CONGRESSIONAL ~ECORD SENATE. I JULY 4, 

Now I appeal to Senators to know why they will vote to put a man 

upon the retired-list of the Army because forsooth he was educated 

at West Point at t.he public expense and supported by the Government and when the war of the rebellion came on only performed his 

duty, remained in the Army and made no sacrifice-he had a little 

more :fighting to do and took more risks and had better opportunities 

of promotion- when they refuse to put that volunteer officer upon the 

retired-list who starting out in the youth of his manhood in a profession, with a little family gathered around him and a start made in life, 

forsook all, made saill'ifices, left his home, fought for his country for 

four long, weary years, and when the warclo edreturned with a.broken 

constitution, with impaired health, and was mercilessly mustered out 

of the service to take care of himself and is allowed ali ttle pittance. of 

a pension. Why the distinction? Tell me that an officer of the regu.: 

lar Army made the sacrifices that the officers of the volunteer army 

made! There is no comparison; and every time you vote to place an 

officer of the regular Army upon the retired-list with his volunteer 

rank, you send an arrow, afeeling, asense, aconsciousnessofgross injustice to every volunteer officer. I say that the volunteer officers are as 

much entitled to be placed on the retired-list as the officers of the regular Army. ·They are out the Army and so are the officers of the regular 

.Army out of it. They are civilians. There is ·more justice, there is 

more equity in placing them upon the retired-list than in placing others. 

I move an amendment to this bill. I want to see whether the Senate will do justice to those men who sacrificed all, and place them upon 

an equality with the gallant soldier who was educated and supported 

at the public expense. I move an amendment which the Secretary 

can take down. 

The PRESIDING OFFICER. There is an amendment now pending. 

Mr. COCKRELL. I move to amend the amendment. What is the 

amendment pending? 

The PRESIDING OFFICER. The committee amendment. 

Mr. COCKRELL. I move to amend it by adding: 

.And provided, That all officers of th~ volunteex: Army. during the ~ar of the !e- bellion who by reason of wounds or disease rece1 ved or contracted 1n the serv1ce are now incapa-citated for manual labor shall also be placed upon the retir~d list 

of the Army with the rank they held at the time they were discharged, and shall hereafter receive the retired pay of such rank. 

The PRESIDING OFFICER. The Senator from Missouri moves to 

amend the amendment. 

1t1r. HARRISON. I suggest to the Senator from Missouri he had 

better say "volunteers in the United States service. 77 

Mr. COCKRELL. As a matter· of course there is no other service 

recognized by the Government. There is only one Government army 

and can be only one Government soldier. But let it read " volunteer 

army of the United States. 77 

The PRESIDING OFFICER. The amendment will be so modified. 

~1r . . MILLER, of New York. I move to lay tb,e amendment of the 

Senator from Missouri on the table. Mr. COCKRELL. On that motion I call for the yeas and nays. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from New York [Mr. MILLER], upon which the Senator from 

Missouri [M:r. CocKRELL] asks for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded to call 

the roll. 

Mr. FRYE (when his name was called). I am paired with the Senator from Mississippi [Mr. LAMAR] and have been paired with him for 

the day, butforgetful of the pair I have been tingright along. Still 

I think there is nothing material, and no reason perhaps why I should 

not vote now. So I. will vote ''yea'' now. Mr. HARRIS (when his name was called). I was paired for the . 

day with tbe Senator from Massachusetts [Mr. HoAR], but· as the 

Senator from Maine [ 1r. FRYE] seems to think there is nothing material in this, I take the same view of it and vote "nay." ' 

The roll-call having been concluded, the result ·was announcedyeas 49, nays 4; as follows: 

YE.AS-49. 

Aldrich, 

Bayard, 

Blair, 

Bowen, 

Brown, 

Butler, 

Call, 

Cameron of Pa., Cameron of Wis., 

Coke 

Colq'liitt, 

Conger, 

Cullom, 

Cockrell, 

Dawes, 

Dolph, 

Frye, 

Garland, 

Gibson, 

Gorman, 

Hampton, 

Harrison, 

Hawley, 

Hill 

In~lls. Jonas, 

Keilll3, 

Groome, 

Allison, Farley, Anthony, George, Beck, Hale, 

Lapham, 

McMillan, 

Mahone, 

Maxey, 

Miller of Cal., Miller ofN. Y., 

Mitchell, 

Morgan, 

Morrill, 

Palmer, 

Pendleton, 

Pike, 

Platt, 

NAYS-4. 

Harris, 

ABSENT-23. 

Jones of Nevada., 

Lamar, 

Logan, 

McPherson, ~d!~nds, ~~t:~on, Fair, · Jones of Florida., Manderson, Sabin, 

So the motion was agreed to. ' 

Plumb, 

Pugh, 

Ransom, 

Riddleberger, 

Saulsbury, 

Sawyer, 

Sewell, 

Sherman, 

Voorhees, 

Wilson. 

Vest. 

Slater, 

V ance, 

VanWyck, · Walker, 

Williams, 

The PRESIDING OFFICER. The question recurs on the amendment proposed by the Committee on Military Affairs. 

1\fr. COCKRELL. Let us have the yeas and nays on that. 

Mr. ·BROWN. Let the amendment be read: 

The PRESIDING OFFICER. The amendment will be read. 

The CmEF CLERK. In line 10, after the word ''volunteers, 7 7 it is 

propo ed to strike out all down to and including the word ''only, 7 7 in 

line 15, as follows: 

To the position of colonel in the Army of the Uriited States, and to place him on the retired-list of the Army as of that grade, the retired-list being thereby increased ·in number to that extent; and all laws or parts of laws in conflict herewith are suspended for this purpose only. 

And insert in lieu thereof the following: 

A captain in the United States Army; and the President is further authorized to place said Averell, when so appointed, on the retired-list, with the pay and emoluments of a retired officer of the rank of captain; and the retired-li tis hereby enlarged for this purpose, and no further, so as to place said Averell on said list. · 

So as to make the bill read: 

Be it e-nacted, &:c., That in viewofthelongandfaithfulservicesofBvt.l\Iaj. Gen. William W. Averell, United States Army, before and during the late war, and of severe wounds received by him in bat'tle, the President be, and he is hereby, authorized to nominate and, by and with the advice and consent of the Senate, to appoint William W. Averell, brevet major-general United States Army, and late a brigadier-general of the United States volunteers, a captain in the United States Army; and the President is further authorized to place said Averell, 

when so appointed, on the retired-list, with the pay and emoluments of a re- tired officer of the rank of captain; and the retired-list is hereby enlarged for this purpose, and no further, so as to place said Averell on said list. 

The PRESIDING OFFICER. The Senator from Missouri asks for 

the yeas and nays on this amendment. Is the call seconded? 

The yeas and nays were ordered, and the Secretary proceeded to call 

the ron. 

The roll-call having been concluded the result was announced-yeas 

11, nays 38; as follows: 

Brown, 

Cockrell, 

Coke, 

Aldrich, 

Bayard, 

Bowen, 

Butler, 

Call, 

Cameron gf Pa., Cameron of Wis., 

Conger, 

Cullom, 

Dawes, 

Groome, 

Harrison, 

Maxey, 

Dolph, 

Frye, 

Garland, 

Gibson, 

Gorman, 

Hampton, 

Hawley, 

Hill, 

Ingalls, 

Jonas, 

A.l:lison, Fair, 

Anthony, Farley, 

Beck, George, 

Blair, Hale, 

Camden, Harris, 

Colquitt, Hoar, 

Edmunds, Jackson, 

YEA8-ll. 

Platt, 

Sewell, 

Sherman, 

NAY8-38. 

Kenna, 

Lapham, 

Mcl\1illan, 

Mahone, 

Manderson, 

Miller of Cal., Miller ofN. Y., 

Mitchell, 

1\Iorgan, 

Morlill, 

ABSENT-21: 

Jones of Florida, Jones of Nevada, 

Lamar, 

Logan, McPherson, 

Ransom, 

Sabin, 

So the amendment was rejected. 

Vest, 

Wilson. 

Palmer, 

Pendleton, 

Pike, 

Plumb, 

Pugh, Riddleberger, 

Sawyer, 

Voorhees. 

Sa-qlsbury, 

Slater, Vance, 

YanWyck, 

Walker, 

Williams. 

The bill was reported to the S~nate without amendment, ordered to a third reading, read the third time, and passed. · 

PRESIDENTIAL APPROVALS. 

A message from the Presidentof the United States, by Mr. PRUDEN, 

one of his secretaries, announced that the President had on the 3d instant approved and signed the act (S. 675) to extend the benefits of 

section 4 of an a-ct entitled "An actJnaking appropriations for the support of the Army for the year ending June 30, 1866, 77 approved March 

3, 1865. 

CINNABAR AND CLARK7S FORK RAIL.ROAD. 

Mr. SAWYER. I move t take up the bill (S. 1373) granting the 

right of way to the Cinnabar and Clark's Fork Railroad Comp~y. 

The PRESIDING OFFICER. The Senator from Wisconsin moves that the Senate do now proceed to the consideration of Senate bill No. 

1373. Is there objection? 

Mr. VEST. I object. 

Mr. SAWYER. I move to take it up. 

The PRESIDING OFFICER. The Senator from Wisconsin moves 

to1\fr. SAWYER. I will take no time. The report is very short, and 

I shall ask that the report be read, and will then submit to a vote. If 

voted down I shall have nothing to say. I think the Senate will oblige 

me that long. I have consumed very little time. 

Mr. VEST. It m not subject to debate now. 

The PRESIDING OFFICER. The motion is not debatable. 

Mr. VEST. I want to state to the Senator that the bill will be debated. 

Mr. HARRISON. I think we have executive business that we 

ought to get at, and get some nominations referred, and if the Senator 

from Wisconsin will wait until to-morrow he can probably get an opportunity to get up his bill. I do not want to take him off the floor by a motion for an executive session, but the bill will provoke a good de.'ll 

of opposition. 
= ~= = ' 

1884. CONGRESSIONAL RECORD-SENATE. 6037 

The PRESIDING OFFICER. The Senator from Wisconsin moves 

lliat the Senate proceed to the consideration of the bill indicated by 

oim. 

The question being put, a division was called for. 

Mr. SHERMAN. I ask whether that displaces the postal-telegraph 

bill? 

Mr. EDMUNDS. It does if taken up on motion. 

Mr. SHERMAN. Then it deranges the order of business, and I move 

that the Senate proce¢ to the consideration of executive business. 

Mr. McMILLAN. The result of this vote has not been announced. 

Mr. SHERMAN. A vote has not been taken. I submit a motion 

that the Senate proceed to the consideration of executive business. 

The PRESIDING OFFICER. The Senator from Ohio moves that 

the Senate proceed to the consideration of executive business. · 

Mr. CONGER. There has been no announcement of the vote on the 

motion of the Senator from Wisconsin. 

The PRESIDING OFFICER. The Chair stated that he was unable 

to decide, and a divi ion was called for. 

Mr. VEST. I call for the yeas and nays. 

Mr. SHERMAN. Pending that, I have a right to make my motion. 

The PRESIDING OFFICER. Pending the call for a division, the 

Senator from Ohio moves that the Senate proceed to the consideration 

of executive busjness. 

Mr. HAWLEY. There is some printing business that if not done 

to-night will not be done at all. t 

~ir. SHERMAN. It can be done after the doors are opened. 

Mr. INGALLS. It will be necessary, I think, to have a recess probably until 9 o'clock. I am advised that the House have taken that 

course, and it will be necessary that we shall be in session to-night to 

receive reports of conference committees, if we are to adjourn in a day 

or two. I would suggest that an agreement be made previous to or 

· during the executive session that we take a recess till 8 or 9 o'clock. 

Mr. SHERMAN. We can do it in executive session. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from Ohio that the Senate now proceed to the consideration of 

executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After fift;y-three minutes spent in executive 

session the doors were reopened. 

SENATE MANUAL. 

Mr. FRYE submitted the following resolution; which was referred 

to the Committee on Printing: 

Resolved, That 1,000 copies of the Senate l\1anual, as prepared under the direc- tion of the Committee on Rules, be printed for the use of the Senate. 

FISHE:RIES ON PACIFIC COAST. 

Mr. DOLPH submitted the following resolution; which was ordered 

to lie on the table, and be printed: • 

Resolved, That the provisions of the resolution of the Senate adopted July 4, 

1884, authorizing the Committee on Fisheries to sit during the recess of Congress, 

&c., be extended to and embrace therein the Pacific coast; and ·said committee be, and it is hereby, authorized t.o investigate concerning Congressional legisla- tion required for the regulation of fisheries in the bays and arms of the sea and lakes ~d rivers upon said coast. 

BACKBONE :RAILROAD GRANT. 

Mr. MORGAN submitted the following resolution; which was ordered 

to lie on the table, and be printed: 

Resolved1 That the Committee on Public Lands is instructed to investigate the entire subJect of the transfer of the land grant from the railroad company known as the Backbone railroad company to the New Orleans Pacific Railroad Com- pany, and shall have power to send for persons and papers and leave to sit in the recess of the Senate at the most convenient place for such investigation. 2. That said committee have leave to aet by a subcommittee, and to appoint a stenographer, clerk, and messenger. 3. The expenses of such committee shall be paid out of the contingent fund of the Senate, to be audited and allowed by the Committee to Audit and Control the Contingent Expenses of the Senat-e. · 

REPO:RT OF BOABD OF HEALTH. 

ThejQintresolution (H. Res. 260) authorizing the printing and binding of additional copies of the reports of the National Board of Health 

was read twice by its title. 

Mr. HAWLEY. I am instructed by the Committee on Printing to 

ask that the Senate act on that immediately. It has been considered 

by the committee, and we recommend concurrence with the House. 

The PRESIDING OFFICER (fllr. CAMERON, of Wisconsin, in the 

chair). Is there objection to the present -consideration of the joint 

resolution? The Chair hears none. 

The Senate, as.in Committee of the Whole, proceeded to consider 

the joint resolution. .It authoriZes the printing and binding of 1,000 

copies for the use of the National Board of Health of each of its annual reports beginning with the year 1 80. 

The joint resolution was reported to the Senate, ordered to a third 

reading, read the third time, and passed. 

BUREAU OF ANIMA'\L INDUSTRY. 

Thejointresolution (H. Res. 276) providing for theprinting of50,000 

copies of the first annual report of the Bureau of Animal Industry was read twice by its title. 

Mr. HAWLEY. The Committee on Printing have considered that 

matter and report favorably on that also. I ask for its immeqiate consideration. 

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution. 

The joint resolution was reported to the Senate, ordered to a third 

reading, read the third time, and passed. 

HOUSE BILL REFERRED. 

The joint resolution (:H. Res. 284) providing for the printing of the 

Medical and Surgical History of the War of the Rebellion was read twice 

by its title, and referred to the Committee on Printing. 

IRRIGATION IN CALIFO:RNIA. 

Mr. HAWLEY. I am instructed by the Committee on Printing, to 

whom was referred a resolution proposed by the Committee on Public 

Lands to print extra copies of Executive Document 290, first session 

Forty-third Congress, to report it with amendments. The amendments 

are simply making itaconcurrent resolutioninsteadofa Senate resruution, the sum involved beingtoo large to be passed by the Senate alone. 

The Chief Clerk read the resolution, as follows: · 

Resolved, That there be printed for the use of the Senate 1,000 copies of Execu- tive Document No. 290, first ses ion Forty-third Congress, relating to irrigation of the San Joaquin, Tulare, and Sacramento Vall~ys, California. 

By unanimous consent the Senate proceeded to consider the resolution. 

The CHIEF CLERK. The amendments reported by the committee 

are, in line 1, after the word '' resolved,'' to insert '' by the Senate (the 

House of Representatives concurring);'' in the same line, after the word 

"printed," to strike out "for the use of the Senate one " and insert 

"two;" and to add to the resolution: 

Of which 1,000 copies shall be for the use of the Senate and 1,000 copies f9r the use of the House. 

So as to make the resolution read: 

Resolved by the Senate (the House of Representatives concurring), That there be printed 2,000 copies of Executive Document No. 290, first session Forty-third 

Congress, relating to irrigation of the San Joaquin, Tulare, and Sacramento V HJleys, California, of which 1,000 copies shall be for the use of the Senate and 1,000 

copies for the use of the House. 

The amendments were agreed to. 

The resolution as amended was agreed to. 

REPORT ON LABOR AND CAPITAL. 

Mr. HAWLEY. I have one more report to make. The Senate will 

remember that there was reported from ~he Committee on Printing a resolution offered by the Senator from New Hampshire [Mr. BLArn] 

for printing 100,000 copies of the report and testimony taken by the 

Committee on Education and Labor and it was recommitted. The committee reported in favor of printing 50,000 and that was recommitted. 

The committee now report a substitute resolution virtually, providing 

for 25,000; 8,000 for the use of the Senate, 16,000 for the use of the 

House, and 1, 000 for the use of the committee. 

The original number asked for was thought to be very large and the 

expense very considerable, $160,000. The Senator from Maryland 

[Mr. Go:&MAN] and myself finally agreed, with the consent of some 

of the principal parties interested in it, to report 25,000 copies. If 

there were time and the proper person were ready to do it we should 

recommend a condensation of the report; but rather than do that we 

report a smaller number and to print all the report and testimony in 

full. ' 

By unanimous coi:isent, the Senate proceeded to consider the resolution. 

The first amendment was, in line 3, to strike out "be printed, and." 

1\Ir. HAWLEY. It is shorter to report a substitute. It is mangled 

with little amendments which it will take ten minutes to read. I ask . 

thatthewholeresolutionasamended bereadasasubstitute and adopted 

in that form. 

The PRESIDING OFFICER. The question will be put in that focm. 

The proposed substitute will be read. 

The Chief Clerk read as follows: 

Resolved by the Senate (the House of Representatives con~r-ring), That the report of the Senate Committee on Education and Labor on the relations between labor and capital, with the accompanying testimony, be printed; and that25,000 additional copies be printed, of which 8,000 shall be for the use of the Senate, 

16,000 for the use of the House of Representatives, and 1,000 copies for the use of the Senate Committee on Education and Labor. 

The PRESIDING OFFICER. The question is on the amendment 

which has been read. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

:RECESS. 

Mr. INGALLS. I movethattheSenatetakearecess unti19o'clock. 

Mr. MITCHELL. I hope the Senator will not make that motion 

just now. There is a bill on the Calendar that I am very anxious to 

have passed. 

Mr. INGALLS. It can be passed at 9 o'clock. 

Mr. MITCHELL. I think we can pass it easier now. It will take 

only about five minutes. It is a public building bill, and unless it be 
6038 CONGRESSIONAL RECORD-SENATE. JULY 4, 

passec:l now it can not pass the House of Representatives and the work 

will stop. H is for the public building at Erie, Pa. The bill is reported by the Committee of the Senate and also by the Committee of 

the House. 

Mr. L~GALLS. I ask for a vote on my motion. 

The PRESIDING OFFICER. The Senn.tor from Kn.nsas moves that 

the enate do now take a recesS until 9 o'clock this evening. 

Ur. HILL. ~ ask before-that motion is put that the unfinished busi- ness be bid before the Senate. 

Mr. INGALLS. A recess does not displace it. 

The PRESIDING OFFICER. It remains the unfinished business 

and will not be displa-ced by the recess. 

Mr. l\UTCHELL. I hope the Senator from Kansas will withdraw 

his motion. ["No!" ' No! '] The work has been stopped on ac- count of a lack of money and can not go on. 

The PRE ID ING OFFICER. The question is on the motion of the 

Senator from Kansas, that the Senate now take a recess until 9 o'clock 

this evening. . The question being put, it was declared the noes appeared to prevail. 

l\Ir. INGALLS. The bill will not be passed now. There is not 

any question on that subject. 

Mr. MITCHELL. Then I am not dispo ed to insist on opposing 

this motion. I know I am in the power of the Senator. I appeal to 

his grace. 

The PRESIDING OFFICER. The Chair will put the question 

again on the motion that the Senate tak.} n. rece until 9 o'clock. 

The motion was agreed to; and (at 6 o'clock and 20 minutes p.m.) 

the Senate took a recess until 9 o'clock p. m. 

EVENING SESSION. 

The Senate reassembled at 9 o'clock p. m. 

The PRESIDENT pro tempore. The hour for the recess having expired, the Senate will plea-Ee come to order. 

Mr. SEWELL. I ask to take up--

The PRESIDENT pro tempore. The pending question is on the postaltelegraph bill. 

l\Ir. SEWELL. Pending that I move to take up Hou e bill 1017. 

The PRESIDENT pro tempore. The postal-telegraph bill being under 

consideration, the Senator from New Jersey moves-- Mr. SEWELL. I ask unanimous consent. 

The PRESIDENT pro tempore. The Senator from New Jersey asks 

unanimous consent that Order of Business 904, being the bill (H. R. 

1017) relative to the Inspector-General's Department of the Army, be 

now considered. 

l\Ir. COCKRELL. Let the bill be ·rea.d. 

The PRESIDENT pro tempore The bill will be read for information. 

The Chief Clerk read the bill. 

The PRESIDENT p1·o tempore. Is there objection that the pending 

order be laid aside informally and that this bill be now considered ? 

Ur. SHERMAN. I object for the want of a quorum. 

The PRESIDENT p1·o tempore. Objection is made. Does the Chair 

understautl the Senn.tor from Ohio to raiSe the question of the presence 

of a quorum 't 

1\fr. SHER 1A.N. I do not care to state the reasons why I object, 

but I think it is better not to consider the bill at present. . The PRESIDENT pro tempore. Objection is made, and the reading 

of the bill under consideration will proceed. l\I~ . SEWELL. I hope the SenatOr from Ohio will withdraw his 

objection. 

.Mr. SHERMAN. I may at a later stage, but not now. 

l\IES::sAGE FROM THE HOU E. 

A message from the Ron e of Representa.ti.ves, by l\Ir. CLARK, its 

Clerk, announced that the House ha-d agreed to the reports of the com- mittee of conference on the disagreeing votes· of the two Houses on the 

following bills: 

A bill (H. R. 5709) to amend article 72 of the Rules and Articles of 

WarA bill (H. R. 6370) to limit the time within which pro ecutions may 

be in tituterl against perons charged with violating internal-revenue 

laws; and 

A bill (H. R. 7012) making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, 

and for other purposes. 

RIVER AND HARBOR BILL. 

The PRESIDE~T pro tempore laid before the Senate the action of 

the Honse of Representatives on the bill (H. R. 7012) making appropriations for the construction, repair, and preservation of certain public 

works on rivers and harbors, and tor other purposes; which was read 

as follows:· I::s- THE HOUSE OF REPRESENTATIVES, July. 3, 1884.. 

Re.~olved, Tliat the House concur in the report of the committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the biU (H. R. 701.2) making apptopriations for the construction, repair, and preservation of certain public works on rivers an..d harbors, and for other purpo es. 

l\Ir. l\Icl\HLLAN submitted the following report: 

The committee of conference on the disagreeing vote of the two Houses on the amendments of the en ate to the bill (H. R. 7012)" making appropriations for the construction, repair, and preservation of certain public works on rivers and harbor , and for other pw·pose ," having met, after full and free conference have agreed to recommend and do recommend to their re pective Houses as follow : That the Senate recede from its amendment numbered 28, 49, 50, 57, 59, 60, 62, 

71, 72, 79, 82. 84, 83, 107. Amendment numbered 19: That the Senate recede from its amendment num- bered 19, with an amendment as follows: Omit the part struck through and insert the following: ' Prot•ided, 'I' hat no part of said money shall be o ex- pended until the Secre.tary of 'Var shall be atisfied that the Buffalo Bayou hip- Channel Company ha relinqui bed or abandoned to t he United States, foreve r , all their franchises and any and all right to collect orimpo etollsor charges for any part of aid hip-<!hannel or Bufthlo Bayou ;" and the Hou. e agree to the same. 

Amendment numbered 80: That the Senate recede from its amendment num- bered O, withanamendment a follow: Inse rtaftertbeword"improvement," before the word "thirty-five, ' the words "and survey;" and the House agree to the same. · _ Amendment nuinbered 83 : That the enate recede from it amendmentnum- beredS:l,withanamendment a follows: trike out'' dredge" and in lieu thereof insert "snag; ' and the House agree to the am e. - Amendment numbered -: That the Senate recede from its amendment num- bered -, and agree to the same 'vith an amendment, as follow : trike out 'preventingero ion '' and in ert in lieu thereof''the protection;'' and the Hou e agree to the arne. · That the Hou e recede from its disagreemeht to the amendments o the Senate numbered 1. 2, 3, 4, 5, 6, 7, , 9, 10, 11 , 12,13, 1-1,15,16,17, l , 20, 21, 22, 23, 24,25 26 29, 30, 

31, 32, 3-3 34, 35, 36, 37' 3!:1, 39, 40, 41, 42, 43, 41, 4J, 47' 48, 51, 52, 53, 54, 55, 56, 5 '61, 63, 64, 65, 

66, 67, 63, 69, 70, 73, 74, 75, 76, 77,7 • 81, 86, ' 9, 90, 91, 93, 94, 95, 00, 97, 9 • w, 100,101,102, 

103,104, 107k, lOS, 109, 110,111,113, 114,116,117, 118,119, 120,121,122, 123,124, 125,126, 

127, 128,1:.>9, 130,131, 132,133,134, 13.3, 136, 137, 138, 139, 14.0,14.1, 142, 143, 144, 145,146, and agree to the same. Amendment numbered 27: That the Hou e recede from its disagreement to the amendment of the Senate numbered 27, and agree to the same with an amendment as follows : In ert after" W'i consin" the words "continuing im- provement;" and the Senate agree to the same. Amendment numbered 46: That the House recede from its di agreement to the amendment of the Senate numbered 46, and agree to the same with an amendment as follow : trike out the words •· and fifty;" and the Senate agree to the same. Amendment numbered 92: That the House recede from it disagreement to the amendment of the Senate numbered 92, aud agree to the ame with an amendment as follows: Strike out "and fifty; " and the Senate agree to the same. 

Amendment numbered 105: That the House recede from its disagreement to the amendment of the enate numbered 105, and agree to the arne with an amendment as follows: Strike out the word "two," after" million," and insert " three; ' and the Senate agree to the a me. .Amendment numbered 100: That the House recede from its disagreement to the amendment of the Senate numbered 106, and agree to the arne with an amendment as follows: Strike out all the last proviso and insert in lieu thereof as follows: "Provided further, That in view of the threatened injury to the har- bor of Memphis and the Govemment property at that place, and the n ece sity of immediate protection thereof, the um of S200,000, or o much thereof as may be nece sary, hall be immediately applied to protect said harbor and property, out of the foregoing appropriation;" and the Seuate agree to the arne. Amendment numbered 112: That the Hou e recede from its di agreement to theamendmentoftheSenate numberedll2,andagreetothesame withanamend- ment as follow : Insert in lieu of part tricken out: "That out of the money herein appropriated for the Kentucky River the sum of ~,000, or o much thereof as maybe nece sary,maybe expended for the purchase of land for the construe-· tion of lock and dam at Beattyville; and o much thereof as may be nece sary may also be expended for the ame purpose at lock Ko. 6; " and the Senate agree to the same. • And provided further, That the urn of $6,000 authorized, by the act approved June 14,1880, to be expended for the removal of dam in Yadkin River, North Caroli.Ba, miiy be used by the ecretary of War for acquiring the right of way by removal or otherwise of such dam as may be nece ary for the ontemplated 

improvement, the aid right of way or removal to be obtained by agreement with the parties interested, or in event of failure to make a reasonable agree- ment by condemnation as provided for by the law of the State of North ()aro- lina . Amendment numbered 115: That the Hou e recede from its di agreement to the amendment of the Senate numbered 115. and agree to the same with an amendment as follows: Jnsert in lieu of part stricken out: "That it shall betbe duty of the Secretary of War to prescribe such rules and regulations in t·e pect to the use and administration ofthe De Moines Rapids Canal, the aint 1\Iary's Falls Canal, and the Louisville and Portland Canal as in his judgment the pub- lic intere t may require, which rules and regulations shall be po ted in some conspicuous place for the information of the public. Any per on knowingly and willfully violating such rules and regulations shall be liable to fine not ex- ceeding $500, or imprisonment not exceeding six month , to be enforced in any district court of the United tates within whose territorial jurisdiction such offense may have been committed;" and the Senate agree to the same. S. J . R. 1\Icl\IILLAN, 0. D. OKGER, M. W. RAN O~I, 

Managers of conference on the part of the Senate. 

ALBERTS. WILLIS, N . C. BLAKCHARD, THOS. J. RENDER ON, Managers of co-nference on the part of the House. 

The PRESIDING OFFICER (1\Ir. MANDER ON in the chair). The 

question is on concurring in the report. 

Mr. HAWLEY. Will the Senator from :Minnesota plea e tell us - whether it increases or decrea es the amount appropriated by the Senate, and what the general effect is? If there areany importantchanges 

I hope he will let ns know what they are. l\Ir. 1\IcM:ILL.AN. The bill as it came from the House amoun ed to 

._12,0 6,200. The bill as it passed the Senate amounted to 13,594,-

700. The bill as reported by the committee of conference amount to 

$13,909,200. The principal amendment'3 relate to the 1\fissi...c;;sippi 

River, to the mouth of the Columbia River, and to Gedney's Channel. 

The committee of conference increa ed the appropriation for the Missi 'ippi River 100,000, making it 1,300,000 in tead of 1,200,000. 

Mr. HAWLEY. Increa edit above the Senate vote? 
1884. CONGRESSIONAL RECORD- SENATE. 6039 

. :Mr. McMILLAN. Increased it above the bill. I will finish the statement. The bill as it came to the conference committee appropriated 

~)1,250,000 for the improvement of the Mississippi River, and of that 

.sum $250,000 for the protection of the Memphis Harbor, in view of an 

emergency which has arisen by the floods of the :Mississippi River. The 

committee of conference in the report increased the amount of the apJ>ropriation for the ri\er 100,000, making it 1,309,000, and qecreased 

the amount applicable to :r,:[emphis Harbor 50,000, making $200 000 

applicable to the protection of that harbor. They decreased the appropriation for the improvement of the mouth of the Columbia River 

50,000, leaving the amount appropriated for that river $100,000. For 

Gedney's Channel, Sandy Hook, the appropriation contained in the 

l>ill as it left the enate was $250,000. The conference report reduces 

that sum $50,000, leaving $200,000 applicable to that improvement. 

In the other changes the Hou econcede to the Senate a large number of 

the Senate amendments. and the Senate recede unconditionally from 

.about a dozen amendments, and our amendments are adopted with 

.amendments in per hap half a dozen others. 

Mr. FRYE. What was done with the falls at Louisville? 

Mr. McMILLAN. The amount appropriated by the Senate for the 

falls at Lolli ville was 250,000 instead of 50,000, as in the bill as it .-came from the Hou e. 

Mr. HAWLEY. It was restored to the amount appropriated by the 

House, not increased above that appropriation? . Mr. McMILLAN. Not increased above that amount. It was re..: 

.stored to $250,000, which was an increase of $200,000, the House 

having appropriated but 50,000 for that improvement. 

Mr. FRYE. So that Kentucky's heart is made glad. 

Mr. HAWLEY. .Are there any paragraphs in which the sum is in-

, creased above the appropriation made by either House? 

Mr. McMILLAN. None except the qualified increase in theMissis-

·sippi Ri '"er: 

Mr. MILLER, of California. How about California? 

Mr. McMILLAN. The California appropriations are not changed. 

The PRESIDING OFFICER. The question is on concurring in the .:report of the conference committee. 

The report was concurre~ in. 

INTERNAL-REVENUE PROSECUTIO~S. 

Mr. SHERMAN submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 63i0) to limit the time within which prosecutions may be instituted agam t per ons charged with violating inte rnal-revenue laws, having m et, after full and free conference have agreed :t o r ecommend and do recommend to their respective Houses a follows: Tha t the House recede from it disagreement to the amendments of t.he Senate numbered 1, 3, 4, and 5, and agree to the same. Tha t the Hou e recede from its disagreement to the amendment of the Senate .numbered 2, and agree to the arne, amended toreadasfollows: In line 5strike out "two " and insert · three," and at the end of said line 5 add "in all cases whe re the penalty pre cribed may be imprisonment in the penitentiary, and ·within two years in all other case ." That the House r ecede from its disagreement to the amendment of the Senate umbered 6, and agree to the same with an additional provi"o at the end of said -amendment, a follow : " A n d p1·ov ided fu1·ther, That thi act shall not apply to •offenses committed by officers of the United State ; " and the Senate agree to the same. 

The report was concurred in. 

JOHN A. LOGAN, 

JOHN SHER:llA.t~. 

I"'HAM G. HARRI3, Managers on the part of the Senat-e. 

BEXTON 1\IcMILLIN, W:M. C. OATES, SERENO E. PAYNE, 

lllanagers on the part of the House. 

MESSAGE FROM THE HOU E. 

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

(llerk, announced that the House had agreed to the report of the com-

.mittee of conference on the disagreeing votes of the two Houses on the 

bill (S. 838) to consolidate the Bureau of Military Justice and the 

>Corps of judge-adv<>Ciltes of the Army1 and for other purposes. 

POSTAL TELEGRAPH. 

The PRESIDING OFFICER. The Senate resumes the consideration 

•of the unfinished business, being the bill (S. 2022) to establish a postaltelegraph system. It is before the Senate as in Committee of the 

\Vhole, and will be read. 

The Chief Clerk read the bill. 

Mr. HILL. Mr. President--

Mr. 1\IAX.EY. Before my colleague on the committee proceeds with 

his remarks I desire to give notice that I hall move to strike out from 

section 11 to ection 22, inclusive, so that he may address himself to 

the subject in view of that motion. 

Mr. ALLI ON. What are those section , may I ask the Senator 

.fi:om Texas? 

Mr. MAXEY. The ections to which I refer are those which relate 

tto the building of telegraph lines or the phrchase of telegraph ~e . I 

hall move to strike them out, leaving the bill to apply alone to makiing contracts for sending messages over the wires, the same as by railtroad, steamboat, &c. 

Mr. ALLISON. I hope these sections will be triken out. 

l\Ir. FRYE. ~lake the motion now . 

Mr. U.AXEY. I move now to strike out from section 11 to section 

22 of the bill. 

The PRESIDING OFFICER. The Senator from Colorado ha the 

floor. Does he yield for that purpose? 

Mr. fiLL. I hope the Senator from Texas will withhold the motion until I submit my remarks on the bill. 

Mr. MAXEY. I shall withhold my motion, but I give my coUeague 

on the committee notice that in obedience to what I believe to be the 

will of the committee I shall move to strike out tho e sections, but 

withhold the motion until the Senator addresses himself to the entire 

bill. 

Mr. HILL. I shall occupy the. attention of the enate but a very 

few minutes. . 

As the reasons which induced the Committee on Post-Offices and 

Po t-Roads to propose the pending bill are stated with considerable 

fuUness in the accompanying report, it will not be necessary for me now 

to enlarge much upon them. It is also particularly inexpedient to do so 

at this period of the ession, when so many important measures are 

competing for the con ideration and decision of the enate. 

The questions of the expediency of establishing a po tal-telegraph 

sy tern and of the proper methods for 'conducting it if its establishment 

should be decided to be feasible and desirable have no direct or necessary 

connection, and >ery little connection of any kind, with the past history of any of the telegraph companies or !rith their profits, whether 

exorbitantor otherwise. If no other duty had been impo ed upon the 

Committee on Post-Offices and Post-Roads than that of reporting upon 

the several postal-telegraph bills which were referred to it, the committee would not have undertaken the investigation, which proved to 

be protracted and laborious, into the affairs of the ·western Union, including the enormous capitalization which has resulted from its multiplied consolidations and stock dindends. 

But the Senate savy fit to adopt a resolution imposing upon the committee the duty of making that in'estigation, with the view, declared 

in the resolution itself, of a certaining whether the actionofthe Western Union in leasing and consolidating with competing and connecting 

telegraphic companies had tended to make the actual telegraphic charges 

higher in this country than they would otherwise have been. · It was 

therefore not a matter of choice with the committee, but a task impo ed by the Senate to enter upon that investigation. It has endeav- ored to acquit itself of the duty with care and fairne , but it does not 

rest its recommendation of the pending bill up<fn any of the conclusions 

in re pect to the Western Union to which the evidence has com peUed it 

to come. 

The pending bill appears to the committee to be abundantly supported by the great and dominating considerations that it will give the 

country a telegraphic service much cheaper than it now obtains, with 

uniform rates, in place of the gro. and oppreSsive inequality in that . 

particular which at present exists, and with a much impro•ed security 

against th_e dangers of an espionage and censorship of the politica11 

financial, and. market news furnished to the public through the press 

and in other ways. The e important benefits can be obtained by the 

exercise of a power clearly belonging to· Congress, wit.:Qout any tax 

upon the public Treasury and without doing injustice to any private 

interests now em barked in the business of telegraphy, although it may, 

and probably ~viii, involve a reduction of the. exce ive gains which 

those interests have heretofore enjoyed. 

Those who have read the evidence appended to the re12ort will ee 

that nearly all of it comes from persons who are connected with telegraph companies, and who are, therefore, interest~d to create the belief 

that a telegraphic service can not be self-sustaining and efficient at 

lower and uniform rates. It would take too much time to dissect the 

testim ny of those persons in detail, but there are certain broad and 

gen facts in themselvesclearlyestabli-,hed which seem to fully justify 

t opinion that the average rate of about 39 cents ·per telegram (inuding day and night telegrams together), now exa.cted by the Western Union, can be reduced as proposed by the pending bill for night 

telegrams to 15 cents and for day telegrams to 25 cents immediately, 

and to 20 cents at th.e end of five years; and that if contracting com- panies will not underta.ke the service at those lowered rates it can be 

performed by the Government itself without ·any supplementary aid 

from the public Treasury. 

Upon a fair consideration of all the known facts and aU the obtainable evidence the maximum rates offered in this bill to companies which 

may contract to do the work of transmitting telegrams seem to be exceedingly liberal. Indeed, if they are to ·be objected to at all, it is 

because they are too high and not becau ·e they are too low. With the 

present number of telegrams they \vill yield a large profit upon all the 

capital which the contracting companies need to employ or will employ in the busines . What I fear is that with the vast increase in the 

number of telegram which will result from reduced rates their profits 

will very soon become exorbitant, and that they will continue to be 

exorbitant aven after the further reduction in the rates at the end of 

five years. • 

Without some action by Congre s there is no reasonable ground for 

expecting any reduction in the telegraphic rates in this country. The 
6040 CONGRESSIONAL RECORD-SENATE. JULY 4, 

case shows that during the five years from 1878 to 1883 there was no 

reduction whatever in the average rate exacted by the principal company, the Western Union. The president of that company testified 

that it was 381 cents in 1878, while the evidence fixes the rate in 1883 

at between 38 and 40 cents. Since 1878 there has.been, simultaneously with a doubling of the capitalization of the Western Union, an 

absolute stoppage of the reduction of rates which had been previously 

in progress. 

I owe it to frankness to say that the t estimony and arguments submitted to the committeehaveconfumed rather than weakened my con- viction that the Government should at once assume the charge of transmitting as well as receiving and delivering telegrams. While admitting 

that the objection that it would dangerously enlarge the patronage of 

the Government is held by considerable numbersofintelligentpersons, 

and is on many other accounts entitled to the most respectful attention, 

I believe that the extent to which it would increase patronage is much 

exaggerated. In the largest proportion of telegraphic post-offices the 

work of telegraphing would be done by the postmaster, or bY' some member of his family, as it is in England and in France. 

In the cases where telegraph operators would be specially employed, 

they would be selected under the civil-service rules and examinations, 

and from the nature of the employment, which requires trained skill, 

they would be very little subject to changes for political causes. Undoubtedly a Government postal tMegraph would increase patronage 

somewhat; but so does every enlargement of the Post-Office Department, whether arising' from the growth of population, from the in- crease of old ·business, or from the introduction of new facilities, such 

as the parcel-post and the money-order system. The annual disbursemenU> of the Department have expanded within :fifty years from three 

million dollars to forty, and nobody regrets it or complains of it or is 

alarmed by it. It does not seem to me that we really need to be 

alarmed by a proposed expansion, 'in itself perfectly legitimat~, of the 

postal arrangement-B. so as to include telegrams, and especially as it 

would be to some considerable extent rather a substitution of telegrams 

for letters than a wholly new and additional business. 

There are now about 65,000 postmasters and clerks in post-offices 

who are paid by the Government, and not including such clerks, of 

whom there are a good many, as are employed and paid by postmasters 

in offices for which the law does not providefor the hire of clerks. To 

this large patronage already existing the employment of telegraphic 

operators would add only a small percentage. The president of the 

Western Union testi:fi. that at the close of the year 1882 the number 

of the offices at which that company received and delivered telegrams 

was, as near as he could compute it, 12,068, and that the company 

itself employed operators at only 3,156 of these offices. The other 

8, 912 offices were at railroad stations and operated bypersons employed 

by the railroad companies. Und& a postal-telegraph system there 

would be just about the same proportion between the number of telegraph offices at which the Government would employ special telegraph 

operators and the number at which the postmaster or some member of 

his family would be the operator. 

Under a postal-telegraph system the Government could reduce the 

rates for telegrams whenever public considerations required that to be 

done, and without embarrassment from contracts with private companies. It could and would apply to telegraphic rates the same principle it has with such eminent advantage applied to letter-postage, 

which has been that of a reduction to the actual cost and even" to rates 

below the actual cost when there was reason to believe that the increased business would soon make the reduced rates self-sustaining. 

European governments derive a revenue from the postal service, but 

this Government has never done so. Private companies, from the nat- ure of the case, look to profit as the sole end and aim of their exist- ence and operations. It is only. under a postal-telegraph system that 

the telegraphic services require9. by the people can be obtained at the 

actual cost and without being taxed for the purpose of affording either a revenue to the Government or profits and dividends to private com- panies. 

But while personally entertaining the views in respect to a Government te!fgraph which I have just expressed, I concur cordially with my 

colleagues of the Committee on Po t-Offices and Post-Roads in reporting 

the pending bill. · 

Inasmuch as it does not seem· possible at this stage of the session to 

enact into law a bill which provides for the ~cqui ition of telegraph 

property by the construction or purchase of lines, I shall interpo e no objection to the striking out of the last thirteen sections of the bill; and 

remembering always that legislation is never possible without concessions.and compromises of individual opinioll8 I shall vote for the passage 

of the bill, however it may be modifted by the Senate in other partic- ulars, if it shall still retain the features of a plan looking in the direction of a substantial exercise by the Government of that control over the telegraphic communications of the country which properly belongs to it. 

Contracting with private companies for the transmission of telegrams 

will be very likely to lead ultimately to acceptable offers from such com- panies for the sale of their lines to the Government, and if it is shown 

by experience that the Post-Office Department can manage the business 

of receiving and delivering telegrams with efficiency and economy, the 

public will be educated into a greater and more general confidence than 

perhaps now exists, that the same Department can be advantageously 

intrusted with the business of transmitting telegrams. The bill is therefore in the direction of a complete postal telegraph system, although it 

defers the final step until the time arrives, as I believe it will surely 

and befqre long, when there will be a full concurrence of opinion in and 

out of Congress in favor of it. The bill does not in any sense commit 

the Government to a policy of owning and operating lines for the purpo e of affording the people of this country the ad vantages of a perfected 

postal system which are enjoyed by all other civilized nations, but it 

prepares the way for it, if it shall hereafter be judged to be advisable. 

:Mr. SHERMAN. It is manifest that this bill can not be acted on at 

this session. I think it much wiser to leave it here in the Senate where it may be perfected after deliberation at the next session. I therefore 

suggest that the bill be postponed until the second Monday of December next." 

Mr. MAXEY. Before the Senator from Ohio makes his motion, I 

desire to place the bill in such a situation that it may go before the 

country with the unanimous view of the committee to separate it from 

what has been said in regard to one feature by the chairman. Mr. SHERMAN. If the Senator desires to speak or offer an amendment I will withdraw my motion for the present. 

Mr. UAXEY. I desire to speak five minutes. 

The PRESIDING OFFICER. The motion of the Senator from Ohio 

is withdrawn. 

Mr. SHERMAN. For the moment. I will renew it when the Senator from Texas is through. 

Mr. MAXEY. I move to strike out from section 11 to section 22, 

inclusive. 

The PRESIDING OFFICER. The Senator from Texas moves that 

the bill be amended by: striking out as the Secretary will report. 

Mr. MAXEY. The whole bill has been read. The part I propo e to strike out relates to the purchase and building of telegraph lines. 

The PRESIDING OFFICER. The Secretary will report the numbers of the sections without reading them in full. · The CHIEF CLERK. It is proposed to strike out sections 11, 12, 13, 

14, 15, 16, 17, 18, 19, 20, 21, and 22. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from Texas. 

Mr. MAXEY. I will state in five minutes all I care to say. 

The ections proposed to be stricken out have reference to the building by the Government of a postal telegraph system or the purchase · 

of lines already built. With those sections stricken out the bill simply gives to the Government the right to make acontractforthe transmission and deliveryoftelegraphicdispatches, thesame asforthetrans- mission and delivery of letters, postal cards, newsp~pers, &c. The bill 

with these sections proposed w be stricken out gives the Govemment 

the right to make a contract with any company submitting the lowest 

and best bid for the transmission and delivery of telegraphic dispatches 

not in excess of the schedule of rates fixed in the bill. On that part 

of it the committee was unanimous. A majority of the committee were opposed to the Government engaging in the building or in the 

purchase of telegraph lines, and the remaining sections, now proposed 

to be stricken out, were sent along at the request of the minority, in 

order that the various propositions might be ·placed-before the enate. 

But the sections left (should the motion to strikeout prevail) are tho e about which there was no disagreement in committee. 

The first section of the bill establishes the telegraph system as a part 

of the postal service. The second section creates the office of Fourth 

Assistant Postmaster-General and places the control of the telegraph 

system under him. The third section relates to the rates of transmission and delivery, and as that is the most important section I ask the 

Secretary to read it. · The Chief Clerk read section 3, as follows: 

SEC. 3. That the charges for the transmission of telegrams, excepting sen·ice and Government telegrams, shaH be prepaid by t elegram-stamps, stamped paper, or by postal-telegraph cards; and the maximum rates for telegrams of twenty words or less, exclusive of date, shall be asfollow : When the di tanc& oftransrrtission is 1,000 miles or under, 20 cents; for e very 250 miles or fraction t-hereof in excess of 1,000 miles an additional rate of 5 cents shall be ch a rged: Pro'!Jided , That no rate shall exceed 50 cents; for telegrams directed to be tran - rrtitted by night, under 2,000 miles, 15 cents; for greater distances, 25 cen t . AH words shall be counted, except the date, and for every fi ve additional words ·:.>r less one-fifth additional rate shall be charged . These rates shall cover'the co t of immediate and special delivery within a mile of the te legraph office orwi,thiu the letter-carrier delivery, and of tra nsmission by m a il when received a t or d e - tined for any place where there is no po tal-telegraph office. For special d eliv- ery beyond the a bove lim it the charges, at rea o nable rates, shall be fixed hy the Postmaster-General, to be collected from the addres ee. All te legrams be- tween the several Departments of the G overnment a nd their officers, agen ts, and employes and all such telegrams author~ed or required by any officer o r employe of the United States in ·e xecution of any duty devolved on h im by law shall when required by him, have priority in transmi ion without pre- pay~ent ~nd at rates to be annua lly fixed by the Po tmaster-General. All other telegrams shall be transmitted in the order in which they a re rece ived . excepting telegrams directed to be transmittep at. night, namely, between the hours of7 o'clock in the a fte rnoon and 7 o'clock In the forenbon. Tha t upon the prepayment of o-ne rate additional, to insure accuracy of transmis ion an d delivery, any message may be repeated back ft·om the pla<:e of address~ th& place of its orig in and a copy thereof delivered t<> the nder, together w1th a notice of the time of delivery or of the causes for non-delivery, as theca e mayo 
1884. .CONGRESSIONAL RE.CORD-SENATE. 6041 

be. Prepayment of answer may also be made by the sender of any message under such regulations as the Po tmaster-Gener-a.l may prescribe. 

Mr. MAXEY. Now I ask the Secretary to read the fourth section, 

relating to telegrams ent by newspapers. 

The Chief Clerk read ection 4, as follows: 

SEc. 4. That the charge for the transmission of telegrams to newspapers and commercial news a-ssociations, for each one hundred words or less, shall not ex- ceed 35 cents if sent at night and 75 cents during the day, and at the same pro rata rat-e for each word in excess of one hundred; but when copies of the same telegram are dropped off at one or more offices, the rate for each drop shall not exceed 25 cents at night and 50 cents during the day, and at the same pro rata rate for each word in excess. When such telegrams are delivered at the same office for two or more newspapers, 5 cents additional shall be charged for each one hundred words, for manifolding1 for each newspaper receiving the same. The charges provided for in this sect10n shall be collected in such manner as the Postmasler·General shall from time to time prescribe. 

Mr. MAXEY. l\fr. President, the clause of the Constitutipn giving 

Congress power to establish post-offices and post-roads was in my judgment, and I have always acted upon that idea, placed there for the 

purpose of securing the transmi ion and delivery of intelligence. At 

the time the Constitution was adopted there were no railroads, no telegraphs, and no f?teamships or steamboats. Its framers placed no re- striction upon the mode and manner of transmission of intelligence. 

We now send intelligence by railroad, steamboats, and steamship , and an act is on the statute-book making every railroad in the United 

States a post-road. ·we send on the lakes, on the rivers, and on the 

high seas by steamboats and by steamships. We send by stage, buckboard, horseback, and in every other way in regions of country not 

ble ed with railroads and steamboats. · This is simply a move forward in the same direction that Congress 

has moved from the foundation of the Government; that is to ~y, as additional and better means for the transmission of intelligence present 

tbemsel ves they are utilized. The Government has availed itself of this 

additional means of delivery by telegraph. The Government has for 

years past availed itself of the telegraph system for the purpose of conveying information by telegram in which the Government is interested. 

This extends, upon what is regarded as the lowest rate of transmission 

ever known, the benefit of the telegraph system to the people genemlly. 

There is, in my judgment, no constitutional objection whatever to Congress conferring upon the Post-Office Department the power to make a contraet for the transmission of intelligence by a telegraph any more 

than by a steamboat or railroad or other mode of transmission, and so the oommitteeregarded. it. We ee no reason why this wonderful system 

of speedy and sate transmission should not he availed of, as we did by 

the use of railroads, steamboats, and steamships as b~tter and more rapid 

modes than those in use prior to the applieation of steam as a motive 

power. 

That was as far as the committee saw proper to go. That was con- sidered safe and beneficial, and we went no further. The bill designs 

simply to furnish the power to the Department to make a contract for 

the transmission of intelligence by telegraph in like manner as it now has the power by other means of transmission. It wa.<> not the opinion 

of the committee that we should engage in the building system or in 

the purchasing of lines already built. The committee did not favor 

that idea. The chairman of the committee favored it, as he has told 

you to-night, but the committee did not agree with him. .The com- mittee unanimously agreed on conferring the power to make a contract 

for the transmission of intelligence by telegraph upon a specific rate of 

message, which is in the bill, and which the committee believe the 

fairest rate ever offered to the American people; and, to prevent monopoly, to let the contract to the lowest and best bidders, but not to 

exceed the schedule rates fixed in the bilL . It does not make this a monopoly in the hands of any company, but 

it puts it out to the lowest and best bidder; and in order to avoid the 

po sibility of any one company monopolizing the whole· syste.tn, the 

bill makes provision that if a company takes the contract without having all the lines necessary to convey intelligence in every part of the 

country at the time of closing the contract it shall have a specified time 

to build telegraph lines so a to comply with the contract. I think I 

may say with entire a urancethatfromthenumberofcompanie which 

presented themselves before the committee there will be no sort of doubt 

that we can get a contract upon t.he rate set forth in this bill, and if we can do it it will prove a blessing to the people. . The interest manifested in every part of the country in respect to the 

adoption of some safe and constitutional system that would reduce telegraph rates satisfied the committee that their duty was to present a system for the consideration of the Senate. The one presented is prudent, looks to a large reduction of rates, and is strictly in line 'vith the 

contract system in force from the earliest days of the Republic. 

I have no set speech, and only rose to show the view the committee 

bad, and that it might not be considered that the committee indorsed 

the views of their chairman in respect to the building by the Government of telegraph lines or the purchase of lines already built. The 

committee does not believe in that. The committee do believe in the 

Government making a contract for the transmission and delivery of telegrams, the same as the transmission and delivery of any other intelligence by any of the means now in u e. I have .thought it my duty as one member of the committee to say 

what I have said, and I would add that it was perfectly well known 

before the bill was presented by the committee to the Senate that the 

motion which I have made would be made. That was understood, and 

the first ten sections of the bill, which are simply the contraet system, 

received the unanimous vote of the committee. I have left, out of 

abundance of caution, the twenty-third section, which is short: 

SEc. 23. That nothing in this act shall be construed to prohibit individuals or corporations from carrying on the business of operating telegraph lines. 

It was not the intention of the committee to prevent anybody, if be 

preferred it, paying the rates which a company may charge if those 

rates are larger than tho e fixed by this bill. If persons prefer that as 

a matter of safety, it was not the d~ign of the committee to prevent 

anybody from making such an arra:J?gement with any company. Let 

these companies goon and compete with ea~h other, and whoever wants 

to send through them may do so. That much we all wanted done; but 

when they enter into a contract with the Government they have to send 

their dispatches according to the schedule rates as fixed in the bill, and we believe that when- the system is once in operation the an vantages 

will become so manifest that the postal-telegraphic system recommended 

by the committee will become in general use and will be hailed by the 

people as wise, economical, beneficent. Here I lea.ve the question for 

the pre ent, as I have no expectation that this bill should be or ought 

to be pressed further at this late liour of the session. The general views 

presented in this condensed form are those which govern the committee 

in recommending this bill. 

Mr. SHERMAN. I move to postpone the further consideration or 

the bill and pending amendments to the second Monday of December 

next. 

Mr. HILL. Being aware of the difficulties of considering an important measure of this kind in the closing hours of the session, and 

with the view of interpo ing no obstacle to an early adjournment, I 

shall consent to the p~position of the Senator from Ohio, if unanimous. consent can be obtained, to postpone the consideration of this bill ~ 

the second Monday in December. 

Mr. SHERMAN. It does not need unanimous consent. 

Mr. HILL. I hope it will be had. 

Mr. MAXEY I am very glad the Senator from Ohio made his mo- tion. I think it is perfectly right. My only object in speaking tonight was that the ideas of the committee might go out to the country 

along with the view::s of the chairman; and when the proper time comes, 

other members of the committee more acquainted with the details or 

the bill than my elf will be ha<trd and the Senate will be very greatly 

profited by hearing the views of othermefubers of the cdmmittee. 

The committee was probably three months at work almo t continuously on this bill; and the light they have gained by that investigation. 

will be of very great service to the Senate, I think, in arriving at a correct conclusion; but that can not be done now, and therefore I 

think the motion of the Senator from Ohio is perfectly right. 

The PRESIDING OFFICER. The question is on the motion of theSenator from Ohio tO postpone the further consideration of the bill until the second l\fonday in December next. Will the Senator name thehour? 

Mr. SHERMAN. The hour would be 2 o'clock necessarily if no- other time was fixed. 

The motion to postpone was agreed to. 

JOHN HOLLINS 1\11BL.AIR. , Mr. HAWLEY. I ask consent to call up Sena,te bill 2233. · After· I shall have made a brief tatement of the essence ofthe report, if anybody objects I shall withdraw the request. 

The PRESIDING OFFICER. The Senator from Connecticut asksconsent for the consideration of the bill (S. 2233) for the relief of Lieut. 

John Hollins McBlair. 

Mr. HARRISON. That is a Senate bill. 

l\1r. HAWLEY. It is a bill unanimously reported from the Com:. 

mittee on Military Affairs. 

Mr. HARRISON. What is the use of passing Senate bills now? 

Mr. HA. WLEY. I have reason to know that it is not impo ibletbat it may pass the Hou e now, and if not now it may pass early in 

December, a:nft the quicker the better for this officer. I will s~te the case in a word. The Senator from l\lissouri [Mr. COCKRELL] would 

have made the presentation but that be is occupied otherwise on con- ference committees. 

Mr. McBlair was a young officer of the Army. After a time be· 

broke down in his health, served for a while in various staff departments, and finally on the report of a board was retired and wholly re- tired from service. Upon a further presentation of his case President 

Lincoln six months after revoked that order and placed him upon the 

retired-list, giving him the benefit of the question his friends rai ed as. 

to whether he was obliged to retire by reason of adive service in the 

Army. At any ratel\fr. Lincoln revoked the order and placed him on the retired-list. There he has been peacefully since 1 63 or 1 64. 

A late decision is to the effect, as many enators are aware, that he, 

having been once out of the Army by a regular order, can not be· brought back into it except by nomination and confirmation. This. bill gives to th~ President the right to nominate him as of that date, 

.. 
6042 CONGRESSIONAL RECORD-SENATE. JULY 4, 

but provides against his receiving any pay by reason of this renomination 

.and reappointment. He has been twenty-one years in the enjoyme:pt 

-of what was believed to be a lawful right under wha~ was unquestion-

-ably the intention of the War Department and of President Lincoln. 

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

.consider the ,bill? 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. 

The bill was reported from the Co:c1mittee on Military Affairs with 

.an amendment~ to strike out all after the enacting clau e aml in ert: 

That the President is authorized to nominate and, by and with the advice and .consent of the Senate, to appoint John Hollins l\lcBlair a first lieutenant in the Army of the United States in the infantry service, and to place him upon the ;retired-li t as of the date of April 8, 1864: Pro-vided, That said IcBlair hall .not by virtue of this act receive any pay or allowance in addition to what he bas already received prior to this date. 

1\Ir. HAWLEY. There is an amendment to the amendment agreed 

upon by the Senator from .Mi ouri and myself striking out all after 

the word ''provided" and in erting: 

That the pay already received by the said 1\IcBlair shall be in full of all pay under this act up to the date of the last payment. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The bill was reported to the Senate as amended; and the amendment 

was concurred in. 

The bill was ordered to be engro · . ed for a third :reading, read the 

thj.rd time, and passed. 

BUREAU OF NAVIGATION. 

Mr. FRYE. I move to take up for present consideration Order of 

Business 523, being the bill (H. R. 3056) to constitute a bureau of navigation in the Treasury Department. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the bill. ' . 

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

WILLIAM l\I1GARRAHAN. 

Ur. BAYARD. I desire to call up, for the p~rpose of moving its indefinite postponement, Order of Business 848, being the bill (S. 603) 

for the relief William McGarrahan. . The PRESIDENT_pro tempore. The Senator from Delaware moves 

that the Senate now proceed to the consideration of the bill named by 

him. 

The motion was agreed to. 

The PRESIDENT pro tempore. The bill will be read. 

Mr. BAYARD. It is not necessary, I believe, to have the bill read. 

It is reported adven;ely. . . • , · 

The PRESIDENT pro tempore. A motion to indefinitely postpone 

can not be put until the bill is read, without unanimous consent. 

Mr. SHERMAN. There is no objection. 

The PRESIDENT pro t.empore. Is there objection to taking the question on the indefinite postponement of this bill without its being read ? 

The Chair hears none. The question is on the motion of the Henator 

from Delaware that the bill be indefinitely postponed. 

The motion was agreed to. 

LONGEVITY PAY OF NAVAL OFFICERS. 

1\Ir. BUTLER. I ask to take up Order of Business 766, being the bill 

(H. R. 1401) toamend section 1556ofthe RevisedStatutes,givinglongevity pay to certain officers of the Navy: 

Mr. PLUl\IB. 1\Ir. President--

The PRESIDEN'l' pro tempore. The motion is. not open to debate. 

The question is on agreeing to the motion of the Senator from South 

Carolina. 

A division was called for. 

Mr. MORRILL. Let the bill be read before a division is had. 

The ecretary read the bill. 

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

motion of the enator from South Carolina that this bill be now con- sidered. . 1\Ir. MORRILL. I move that the Senate proceed to the consideration of executive business. 

Mr. BUTLER. I trust--

The · PRESIDENT pro tempore. Debate is not in order. The Senator from Vermont moves that the Senate proceed to the consideration 

of executive business. 

The question being put, there were on a division-ayes 11, noes 15; no quorum voting. 

Mr. BUTLER called for the yeas and nays. 

The yeas and nays were ordered.; and being taken, resulted-yeas 

24, nays 21, as follows: 

Aldrich, 

Camero):} of Wi ., Cockrell, 

Dolph, Edmunds, Fair, 

Frye, 

~=~m-rison •• 

Ing~lls, 

Jonas, 

YEAS-24. 

Jones of Florida, 

Lapham, 

Me lilian, 

1\litchell, 

Morgan, 

Morrill, 

Palmer. 

Pendleton, 

Plumb, 

Pugh, 

Sherman, Vest, Wilson. 

Bayard, 

Beck, 

Blair, 

Brown, 

Butler, 

Call, 

Coke, 

Colquitt, 

Conger, 

Gorman, 

Groome, 

Hawley, 

NAYS-21. . 

l\Iander on, l\Iaxey, 

Miller of Cal., 

Platt, 

Ransom, Riddleberger, 

ABSENT-31. 

Allison, Garland, ·Jones of Nevada, 

Anthony, George, Kenna, 

Bowen, Gib on, Lamar, 

Camden, Hale, Logan, Cameron of Pa., Hampton, :McPherson, 

Cullom.., Harris, l\Iabone, 

Dawes, Hoar, . l\liller of N.Y., 

Farley, Jackson, Pike, 

Sawyer, Sewell, 

VanWyck. 

Sabin, 

Saulsbury, 

Slater, 

Vance, 

Voorhees, 

Walker, 

1Villiams. 

So the motion was agreed to; and the Senate proceeded to the consideration of executive business. After 17 minutes spent in executive e ion the doors were reopened. 

RECE . . 

Mr. SHERMAN. I move that the Senate take a recess until 10 

o'clock a. m. to-morrow. 

The motion was agreed to; and (at 10 o'clock and 50 minutes p.m.) 

the Senate took a recess until10 o'clock a. m. of Saturday, July 5. 

AFTER RECESS. 

The Senate reassembled at 10 o'clock a. m., ·Saturday, July 5, 1 4. 

LONGEVITY PAY OF NAVAL OFFICERS. 

. The PRESIDENT pro ~npore.. The hour for. the recess having ex- pued, the Senate resumes 1ts esswn. The pending question is on the 

motion of the Senator from South Carolina [l\Ir. BUTLER J that the 

Senate proceed to the consideration of the bill (H. R. 1401) to amend 

section 1556 of the Revised Statutes, giving longevity pay to certain officers of the Navy. 

l\Ir. BLAIR. I move to lay the motion on the table. 

The PRESIDENT pro tempore. That motion is not in order. 

l\Ir. BLAIR. I thought the bill might be called up later. The 

Senator from South Carolina is not here. 

The PRESIDENT pro temp(Yre. The question is on agreeing to the 

motion of the enator from outh Carolina [Mr. B TLER] to proceed 

to the consideration of the bill. 

The motion was not agreed to. 

• FOREIGN-LABOR CONTRACTS. ' 

Mr. BLAIR. I move that ti:i.e enate proceed to the consideration 

of t~e bill (H. R: 2550) to prohibit the importation and migration of 

formgners and aliens under contract or agreement to perform labor in 

the United States, its Territories, and the Di trict of Columbia. 

The PRESIDENT pro tempore. The que tion is on the motion of 

the Senator from New Ramp hire. 

Mr.l\IORRILL. I sugge t to the Senator from ew Ramp hire that 

he had better wait until the enate i fuller. 

The PRESIDE~T pro tempore. Debate is not in order. 

l\Ir. BLAIR. The bill, if taken up, may be laid a ide informally. 

. ~e PRESIDE~T pro tempore. Debate is not in order. The quetlon IS on the motiOn of the Senator from New Hamp hire that the bill 

indicated by him be now considered. 

The motion was not agreed to. 

PER ONAL EXPLANATIO ~. 

Mr. LOGAN. Mr. President, I desirethi morning to do that which 

I seldom do. It is to call the attention of the Senate to a matter personal to myself. I have prepared a statement which I de ire to have 

the privilege of making now. 

1\Ir. President, I deem it due to my friends that I call attention to 

certain statements which I find copied in the public press, as well as in 

the CONGRE SIONAL RECORD of the 2 th of June. 

First. I am set down in a list of what are termed ''land o-rabbers " as having in some mysterious way accumulated the vast ~mount 1

of 

HO,OOO acres of land. This tatement is utterly without foundation in 

fact. The New York Herald of the 29th of June adds 30,000 head of 

cattle. I wi h this were true, but there is no foundation for the statement. I would take no notice of this, however, were it·not for the 

charge that follows. 

Second. The person who made the tatement, after finding that it wa untrue, instead of doing justice to one against whom he might, 

by his en-oneous statements, have done an injury, proceeded to put 

another false statement on record, a follows: 

I might have said to the deluded soldiers of this land, "What do you think of a great Senator who, in his greed -to ab orb the territory which belong to the actual ettler, in a land that was made for independent freeholder and mall farmers-:what do you think of a man '!ho pose · as a tatesman and a patriot, as the frtend par excellence of the sold1er, and who, under the cover of his brothet:-in-law, went to :rew :l\Iexico and tried to pre-empt the root valuable !and lymg al_ong her streams, and was only ~stopped by the public officer find- rng out that 1t belonged to another clas wh1ch he profe ·e the utmost friend- ship for, and who from his manner and appearance rumor uys ha their blood in his veins, tried to steal from his own kith and kin hundred of thousands of • acres of land [great laughter and applau e. on the Democratic side), taking from 

' 
1884. CONGRESSIONAL RECORD SENATE~ 6043 

!the unfortunate savage who was unable to protect himself until an honest Sec- ;retary of the Interior. went there with the surveyor and took back the land for the Zunis." [Renewed laughter and applause.] 

:Mr. President, this statement is, so far as I am concerned, or any one else of whom I have any knowledge, maliciously false. Sir, what are 

-the facts OUii of which this attack has been made? Capt8in Lawton, 

Major Tucker, and Mr. Stout located· claims at Nutria Springs, in 

New Mexico, not however until after ascertaining from the General 

Land Office that the land was subject to location, being outside of the 

Indian reservation, and being some five miles from the Indian line, 

and some twenty-five or thirty miles from the town of Zuni. So it 

will be seen that the "hundreds of thousand of acres of land" that 

-this man says I was "stealing from the Indians" resolves itself into 

three homesteads or ''desert-act ' ' claims located by two Army offi- Cel'S and one citizen on public land open to such entry, with which lo-

·cation, however, I bad nothing to do. 

.Mr. President, in order to prove every statement that I have made 

to be true, I will fi:r;st read the letter of the Commissioner of the General Land Office, of date December 7, 18 2, which shows that this land was subject to location and entry as public land at the time it was so 

located, andifnot, that the location would have been subject to caricella- ·tion. Any one who will examine the numbers will find that those 

mentioned as subject to entry are entirely outside of the reservation . and cover the ones taken by the persons mentioned. 

I ask the Secretary to read the letter of the Commissioner of the Gen-

-eral Land Office, which was sent to the land office at Santa Fe prior-to 

these locations. 

The PRESIDENT pro tempore. The letter will be read if there be 

.no objection. 

The Chief Clerk read as follows: 

DEPARTME~ OF THE INTERIOR, GENERAL LAND OFFICE, . Washington, D. 0., December 7,1882. 

GENTLEMEN: I am in receipt of your letter ofNovember23, 1882, asking whether 'townships 12 north of ranges 16 and 17 west are within the reservation for the Zuni Indians, as the same are unsurveyed and you have several applications for ~esert-land entries in said townships. In reply you are informed that as near as can be ascertained from our ;ecords 

township 12 north of range 16 west is outside, while of township 12 north of ;range 17 west probably only sections 25, 26, 33, and 36 are within the reservation. 'Vhen said townships are surveyed the reservation may be found to embrace more of the land than that mentioned, and if any desert-land entries are found to have been located within the reservation they will be held for cancellation. Very respectfully, 

REGIWJ'ER AND RECEIVER, · ~·C. McFARLAND, Commissioner. 

Santa Fe, N. Mex. 

l\!f. LOGAN. I will now call attention to a letter of Major Tucker, 

_giving the facts in connection with the location of the lands mentioned 

by him an.d his associates: ' 

PAY DEPARTllENT, U:r."'TED STATES ARllY, 

Santa Fe, N. Mex., May 3, 1883. 

DEAR SIR: The inclosed copy of an order from the CommissionerofGent:ral Land Office to the surveyor-general of New lexico indicates that there is some .<Jisposition to interfere and change the location of the Zuni reservation, sur- veyed under an executive order of President Hayes. I desire to call your attention to the fact that lands in townships 12 north, range 16 west, and 12 north, range 17 west, from head waters of the N ub:ia in section 8, 

township 12 north, rangel6 west, following the cour eofthe Nutria to the Zuni reservation line to the southwest, in township 12 north, range 17 west, were l ocated by myself and associates, and the laws complied with, the money paid with the usual certificates of loea,tion in our possession, the land at the time be- ing Government land, as shown by the Land Department maps, and subject to uch locations and entry. This land was 61ltered in good faith known not to be on the Zuni reservation by all the officers of the Land Department, and also known to the agent for the Pueblo Indians. In the name and for those having made said locations and entries l re pectfully protest against any action that would be calculated to interfere with our said rights acquired under the law. :Soon after these entries were made an officious person, who thinks he bas the Indian interests at heart, commenced making a disturbance in reference to these- -entrie , and procured an attack to be made upon Senator LOGAN, charging him with having in violation of law entered this property, when in fact he bad not odone so, but had stated to myself and others that the land was subject to loca- tion and entry. I desire to call your attention to the following proposition: 

L The Zuni Indians, as well as all the other Pueblo Indians of New Mexico, were citizens of Mexico capable of holding land in their own right, the Zunis having a grant of land from the Mexican Government, which was confirmed to them by the United States GOvernment under the treaty with Mexico; they .are citizens of the United States, and have so been held by the courts. This being the case, the right of President Hayes to give to them the land of the Government by an executive order is a question that might well be consid- -ered . . 

2. The grant, as well as the land claimed to be set apart for them by Presi- -dent Hayes, is well watered, the Nutria River, for med by different springs, Tunning entirely through the land given to them by Presidept Hayes's order; 

also, the Rio Piscado running entirely through the Zuni Valley and through 'their grant. To now extend by an executive order the reservation et aside by the Hayes "order" so as to compel a survey on a. straight line or any other line to include the Nutria Spring within their reservation would take every drop -ofwater in the two valleystota.llydeprivingevery other section ofGovernment land in that locality from any waler whatever, rendering a large body of land >entirely useless and depriving the Government of any disposition of the same. These entries in no wise affect the interests of the Indians, and we can not .see why the rights of other people should be disturbed merely to satisfy the wailings of some disappointed persons who did not get the land themselves and a1ow wish to put the Indians forward to do aninjurytoot.hers merely to gratify theil· own vindictive feelings. I am, sir, very respectfully, your obedient servant, 

W. F . TUCKER, JR., 

Hon. H. M. TELLER, Un·ited States .Anny. 

Secretary of the Interior Department, Washington, D. 0. 

I will next call the attention of the Senate to a letter of Captain Law- ton, giving a full statement of the facts in connection with his location: 

SANTA FE, May 19,1883. 

SIR: In view of an article recently published in the Chicago Inter-Ocean, at- tacking you personally, and charging you with complicity in a combination to defraud the Zuni Indians of certain lands, &c., and repeated in different forms by other papers tlu:ou~hout the country, I desire to submit for such use as you rnay wish to make of it the facts concerning the subject to the charges above men- tioned. With reference to the location of the land, in the first instance, I have only to say that all the fa-ets can be ascertained at the office of the register of the land office in this city. As there is no allegation that you have made any entry little need be said on that point. I was the first to ee the land and to sugge st its location, and took active steps toward completing the entries. I will simply say that in making the location every precaution was taken to prevent injustice be- ing done the Zunis or _other parties. The land was not on the reservation, is not shown on the reservation by any map ever issued by the Land or Indian Depart- ment. The land had been surveyed regu)arl:r by the United States surveyor, platted, and the plats were on file in the office of the register, and the land was subject to entry by any citizen under the laws. At the time of making the appli- cation for the land the existence of the executive order of President Hayes was unknown to me. Afterward I procured a copy of said order, went with it to the land office, and suspended my application until a decision from the Land De- partment at Washington could be made. In due time the decision was returned, and it was to the effect that the land in question was subject to entry. I was informed by the register that there were other applicants for the land, that he had held my application as long as he could, and I must then decide whether I would locate or not; if I did not, he would accept the next applicant. As to the question of stock range or ranch I have to say, being aware of the profit- ableness of stock-raising, properly cenducted, I conceived the idea that if we ( Iajor Tucker, Mr. Stout, and myself, who bad located on the Nutria) could agree we might induce parties with capital to take an interest in our place and stock: a ranch for us. The matter was first broached by me and discussed with 'Major Tucker, who, while he was not sanguine, was not averse to the proposition. The first knowl- edge, I think, you had that such an idea was contemplated was a letter I wrote you this spring, representing th'e case to you and asking your interest and in- fluence to procure capit-al, &c. To this letter I received no reply, but believing the idea feasible, I arranged to employ Mr. Sam. Collins, a stockman, an old ranch manager, then in charge of a ranch in Lincoln County, to visit our loca- tion, examine it with a view to its capacity for stock, and to make a report. After consulting Major Tucker he agreed to share the expense with me, and Mr. Collins was employed for one month for this purpose. After completing his examination be returned to Santa. Fe, was taken sick, and as a result was still here when you arrived, up to which time I am sure you knew nothing whatever of the e-xistence of such a person; certainly not from me. There is not nor has there been any company or organization for the purpose of buying or owning land, raising stock, or starting a ranch on the Nutria in which you or any other person is or was interested. My entry of land on the Nutria was made in good faith for myself, and no other person has any interest in my locations. No money has been spent, work done, or other steps taken toward locating a ranch on the property in question other than I have stated. And any and all statements to the contrary, or that there is or has been a combination either to secure land or start a ranch for your benefit or for the benefit of any person other than those appearing on the record of the land office, is untrQe. 

Very respectfully, your obedient servant, 

1

General JoHN A. LoGAN. 

H . W. LAWTON, 

Captain, Fourth Cavalry. 

I will now caU attention to the letter of Col. James Stevenson, of 

the United States Geological Survey, who knows more about the In- dians mentioned and their lands than any person of my acquaintance. 

He has investigated this question at the request of the Secretary of the 

Interior: · 

WASHINGTON, D. C., June30, 188-1. 

DEAR SIR: Having had my attention called to statements in the CoNGRES- SIONAL RECORD of a. recent date indirectly charging you with fraudulently at- tempting to deprive the Zuni Indians of New Iexico of their lands, I beg to say that I am familiar with thEtfacts and circumstances, from a thorough investiga- tion of the subject. made at the request of the honorable Secretary of the In- terior, and take pleasure in stating that the allegations thus made are grossly 

unjust to you, as well as l't'lajor Tucker and his associates, and wholly without foundation. Very respectfully, yours, 

Hon. JoHN A. LOGAN, 

United States Senate. 

JAMES STEVENSON. 

I now call attention to letter of July 2, 1884, written by the Secretary of the Interior to myself, which gives all the facts and shows that 

not only t hese locations were legal and proper, but that the executive 

order extending the ''Zuni'' reservation over these locations was made 

under a misunderstanding of the fa-cts in the premises, and that the 

whole statement or accusation against any oue having committed any 

wrong is utterly false: 

DEPARTMENT OF THE INTERIOR, Washington, July 2, 1884. 

DEAR SIR: In reply to your verbal inquiries concerning the executive order of May 1 1883, extending the Zuni reservation, allow me to say that- the reser- vation of the Zuni Indians was established by eX!fCUtive Grder dated March 16, urn. An order of this character does not of course give the Indians title to the lands; it only withdraws the lauds included within the reservation from the operation of the settlement laws. On April 28, 18R3, it was reported from the Indian Office that in draughting t he executive order establishing the said reservation there had been an error leaving out of the reservation a large spring that was not only desirable but necessary for the use of the Indians. I therefore requested the Pre ident to modify the order so as to include within the lands of the resenation said spring. I was verbally informed that certain Army officers had made locations under the desert-land act of lands in the vicinity of the spring that would be included in the reservation by the term of the .new order, but. that they had expressed a willingness to surrendet· their claims if the Government desired to have the lands for the Indians. I subsequently understood that lajor Tucker was one of the officers who had made tiling under said act. 1\Iajor Tucker soon after informed me that the Indians did not u e the waters of the spring, and did not need either the water or the land. On the 1st of February, 1884, I requested Mr. James Stevenson, of the Geolog- ical Bureau, who is very familiar with the reservatioQ. and the surrounding conn-

' 
6044 CONGRESSIONAL RECORD-SENATE. JULY 4,' 

try, t.o make an examination of the said spring and the amount of wat~r on the 

reservation and to report to me. In April last he made his report, by which it appears that the Indians on the reservation have made no use of the water of 

the '>Pring mentioned, and have not occupied, either before or since, the lands included in the new lines of the reservation. . There is not the slightest evidence that any wrong was intended or done by 

the parties to the en~ries abo,·e referred to or any law violated. The land was public land at the time these entries were made, and as such was open to entry 

by the public. The gentlemen who made the entries were qualified to enter such lands and had a perfect right to do so, and they neither violated law nor the rights of any parties whatever in so doing. I asked the executive order ex- tending this reservation without understanding all the fa.cts at the time. It gives me pleasure to make this statement in view of the allegations to the con- trary which have been made. 

Very respectfully, H. M. TELLER, Secretary. Hon. JoHN A. LoGAN, 

United States Senate Chamher. 

When Major Tucker and his associates, as well as myself, were attacked through the newspapers, and charged with interfering with the 

rights of the Indians and doing a great wrong, I defended them in a 

letter through the public pre...~ and otherwise as having violated no 

law, and as having committed no fraud on the Indians or any one else. 

In tbat defense I asked the question: "If a soldier like Captain Lawton could not locate a hoiqestead (or pre-emption, or whatever the location was) within the distance he had to an Indian reservation, to tell me how many miles a soldier would have to go away fi:om a reservation in order to comply with the law?" This I did in their behalf. I 

now stand by what I did then. If this be a crime or a fraud, my enemies may make the most of it. 

These men are all three honorable men. Captain LawtOn was a gallant soldier from Indiana; he served all through the war with great 

credit to himself and honor to his country. Major Tucker is my sonin-law. He is a gentleman and a man who would notwronganyone. 

I presume the wrong in me is that Major Tucker is a part of my family; 

and although he is innocent of any :wrong in the premises, a baseless 

excuse was made to assail me through him. If the object was to draw 

me into his defense, it has succeeded; and when any one thinks I have 

not manhood enough to defend openly any of my family or friends 

when wrongfully assailed, he mistakes me. 

This, sir, is a full answer to this false, unprovoked, and malicious 

slander, which I place on record where all may have access to it. 

INTERSTATE COl!IMERCE. 

Mr. CULLOM. I move that the Senate proceed to the consideration of the bill (S. 2112) to establish a commission to regulate interstate commerce, and for other purposes. 

The motion was agreed to; and· the Senate, as in Committee of the 

Whole, proceeded to consider the bill. 

The Chief Clerk read the bill. 

Mr. l!ITLLER, of California. I should like to have an executive 

session before 11 o'clock. 

M:r. CULLOM. I hope the Senator from California will not move 

an executive session now. I shall only occupy the time ofthe Senate 

for a few minutes, and then the Senate can take what course it chooses 

in reference to the bill. 

. Mr. CULLOM proceeded to address the Senate. 

MESSAGE FROM THE. HOUSE. 

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

Clerk, announced that the House .had concurred in the report of the 

committee of conference on the disagreeing votes of the two Houses on 

the amendments of the Senate to the bill (H. R. 7069) making appropriations for the legislative, executive, and judicial expenses of the 

Government for the fiscal year ending J nne 30, 1885, arid for other purpo es, further insisted upon its disagreement to the amendments of the 

Senate numbered 21, 24, 25, 27, 80, 81, 82, 83, 84, 85, 86, 87, 88, 91, 

92, 93, 94, 95, 205, 206, 207, 208, 209, 210, 211, and 212, asked a further conference with the Senate on the disagreeing votes of the two 

Houses thereon, and had appointed 1\Ir. W. 8. HoLMAN of Indiana, 

Mr. J. HANCOCK of Texas, and 1\Ir. J. G. CANNON of Illinois man- agers at the further conference on the part of the Honse. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had signed 

the following enrolled bills; and they were thereupon signed by the 

President pro tempore: 

A bill (H. R. 254) granting a pension to John Robbins; . 

A bill (H. R. 282) to reinstate Cornelius Fitzgerald on the pensionxoll; 

A bill (H. R. 555) granting a pension to John Galloup; . 

A bill (H. R. 819) granting an increase of pension to Merritt Lewis; 

A bill (H. R. 836) granting a pension to John C. Fenscke; 

A bill (H. R. 837) granting a pension to Reuben J. Chewning; 

A bill (H. R. 943) granting a pension to Samuel Barnard; 

A bill (H. R. 1056) granting a pension to Honora Kelley; · A bill (H. R. 1073) granting a pension to William J. Lee; ·A hill (H. R. 10?7) granting a pension to Sarah .Miner; 

A bill (H. R. 1406) granting a pension to Mrs. Mary T. Barnes; 

A bill (H. R. 1410) granting a pension to Henry Schnetberg, of Indiana, Pa. ; · 

A bill {H. :ij.. 1436) granting a pension to William T. McCoy; 

A bill (H. R. 1569) granting a pension to Mrs. Mary M. Ord, widow 

of Maj. Gen. E. 0. C. Ord; 

A bill (H. R. 1894) granting a pension to Clark Roberts; 

A bill (H. R. 1930) granting a pension to Sarah Nicoll Crane; 

A bill (H. R. 1965) granting a pension to John A. Crozier; 

A bill (H. R. 2105) granting a pension to John A. Shucker8; 

A bill (H. R. 2312) granting a pension to .Alm.ira B. Kaler; 

A bill (H. R. 2358) granting a pension to James Hawkins; 

A bill (H. R. 2623) granting a pension to Arthur I. McConnell; 

A bill {H. R. 2702} granting a pension to Mrs. Ellida. I. Middleton,. 

widow of the late Rear-Admiral Edward Middleton, United States. 

Navy; 

A bill (H. R. 2984) granting additional pension to Apolline A. Blair,. 

widow of the late General Francis P. Blair; 

A bill (H. R. 31,71) granting a pension to Ella 8tolz; 

'A bill (H. R. 3591) for the relief of Sarah A. Becktel; 

A bill (H. R. 3606) granting a pension tv Irene Baker; 

A bill (H. R. 3625) granting an increase of pension to Levi Ander- son· A bill (H. R. 3737) granting a pension to Ann McLaughlin; 

A bill (H. R. 3909) granting a pension to George W. Wickwire; 

A bill (H. R. 4368) granting an increase of pension to Dr. ·samuelJ 

Davis; 

A bill (H.' R. 4439) granting a pension to John R. Wallace; 

A bill (H. R. 4526) granting a pension to Mrs. Ann Corbin; 

A bill (H. R. 4700) granting a pension to Simon E. Lewis; 

A bill (H. R. 4767) granting a pension to Mary A. Henry; 

A bill. (H. R. 4970) tor the relief of Mrs. Nancy Biser; 

A bill (H. R. 5335) granting a pension to JI.I.rs. Sarah E. E. Seelye,. 

alias Franklin Thompson; 

A bill (H. R. 5485) granting a pension to Mrs. Samantha Harriman;. 

A bill (H. R. 5636) for the relief of Otto Leissring; 

A bill (H. R. 5675) grantirig a pension to Mrs. Susan J. McKenney;. 

A bill (H. R. 5723) granting a pension to Isabella Bertha Weaver; 

A bill (H. R. 5781) granting a pension to Solon L. Simonds; 

A bill (H. R. 5795l increasing the pension of Charles A. Fuller; 

A bill (H. R. 5821 granting a pension to Mrs. Susannah Barr; 

A bill (H. R. 5976 for the relief of Catherine Weis; 

A .bill (H. R. 6085 granting a pension to John A. Hassell; 

A bill (H. R. 6168) granting an in_crease of pension to Capt. H. D>. 

F. Young; 

A bill (H. R. 6184) granting a pension to Julia M. Reynolds; 

A bill (H. R. 6370) to limit the time within which pro ecutions ma~ 

be instituted against persons charged with violating internal-revenuelaws; and 

A bill (H. R. 6786) granting a pension to Rivers Banks. 

INTERSTATE COMMERCE. 

The PRESIDING OFFICER (Mr. HoAR in the chair). The Senator from Illinois [:1\fr. CULLOM] is entitled to the floor on Senate bill 

No. 2112. 

Mr. CULLOM. I am informed by the Senator from California [Mr. 

MILLER] that it is especially important that there should be a short 

executive session before 11 o'clock. That being the ca e, if it i~ the 

pleasure of the Senate I will yield for that purpose if I shall be entitled to the floor for a few minutes immediately after. 

The PRESIDING OFFICER. The Chair supposes that at 11 o'clock 

the business of a new day will begin in its usual order, but undoubtedly under the circumstances the Senator will receive unanimous consent to conclude his remarks. 

:1\fr. CULLOM.. Will it be necessary to have unanimous consent to 

proceed 'at that time ? 

The PRESIDING OFFICER. Yes, sir. 

Mr. CULLOM. I now ru'lk unanimous consent that I may be allowed 

to proceed then. 

The PRESIDING OFFICER. Tb~ Senator from Illinois asks unanimous consent that to-morrow morning, after the routine business, he 

shall have leave to conclude his remarks. 

Mr. CULLOM. I now ask leave that I may proceed immediately 

after the session begins. 

The PRESIDING OFFICER. After the session begins. Is there 

objection? The Chair hears none, and it is so ordered. 

Mr. Cuu.mr, after speaking for some time, gave way. 

EXECUTIVE SESSION. 

Mr. MILLER, of California. I move that the Senate proceed to the 

consideration of executive business. 

The !llOtion was agreed to; and the Senate proceeded to the consideration of executive business. After eight minutes spent in executive 

session the doors were reopened, and (at 10 o'clock and 58 minutes a. 

m., aturday, July 5, 1884) the Senate adjourned.