85,6 CONGRESSIONAL RECORD~SEN ATE. "FEBRUARY 1, 

Also, a memorial of the American Forestry Congress and other citizens, relative t-o forest lands-to the Committee on Agriculture. 

By Mr. J. D. STEW ART: Papers in the claim of William A. Lewis, 

ofLuther Walters, ofWilkie McHan,execut.or of Solomon Taylor, and 

of George T. Long, of Georgia-to the Committee on War Claims. 

By Mr. S~MES: Petition of John Leonard, for removal of charge of 

deserti(\n-to the Committee on Military Affairs. 

Also, petition for removal of the charge of desertion from Hilton 

Springsted, late private of Company E, Ninth Michigan Volunteer 

Cavalry-to the Committee on Military Affairs. 

Also, petition of citizens of Denver, Colo , for intern.ational copyright 

-to the Committee on Patents. · 

. Also, petition of the Grand Lodge of Good Templars of Colorado, officially signed, for a national prohibitory constitutional amendment-to 

the Select Committee on the Alcoholic Liquor Traffic. 

By Mr. TARSNEY: Petition of John Davis and 70others, of Norton 

County, Kansas, for postal telegraphy-to the Committee on the PostOffice and Post-Roads. 

By Mr. J. D. TAYLOR: Memorial of members of the Society of 

Friends, for the introduction of arbitration as a means of ~ettling international disputes-to the Committee on Foreign Affairs. 

Jjy Mr. G. M. THOMAS: Petition of Margaret Holland, and of 

Charles R. Nealis, for pensions-to the Committee on Invalid Pensions. 

Also, petition of Joseph P. Warden, and of Isaac W. Lykins, fo.r re- lief-to the Committee on Invalid Pensions. 

Also, petition of William J. Meadows, for discharge and pension-to 

the Committee on Invalid Pensions. 

Also, petition for pension for Daniel Law horn-to the Committee on Invalid Pensions. 

By 1\Ir. WASHINGTON: Petition of T. H. Gardner, of Robertson 

. County, Tennessee, for reference of his claim to the Court of Claimsto the Committee on War Claims. 

By Mr. WHEELER: Petition of Thoma-'l J. Scruggs and of Thomas 

B. Woosley, administrators of William Woosley, of JacksQD. County; 

of W. T. Simmons, and of John V. Dandredge, heir of John T. Dandredge, of Lawrence County, Alabama, for reference of their claims 

to the Court of Claims-to the Committee on War Claims. 

By 1\fr. YOST: Memorial of citizens of Wythe County, Virginia, demanding repeal of the internal revenue, protesting against the removal 

of the duty on iron ore and coal, and asking a hearing before the committee-to the Committee on Ways and Means. 

The following petitions for an increase of compensation of fourth-class 

postmasters were severally relerred to the Committee on the Post-Office 

and Post-Roads: 

By Mr. C. L. ANDERSON: OfP. C. Welborne and other citizens of 

Jasper County, Mississippi. 

By Mr. T. H. B. BROWNE: Of H. A. McGary and others, of Andrews, Spottsylvania County, Virginia. 

By Mr. COWLES: Of J. B. Hopkins and others, of Stony Hill, 

WHkes County; of Mac. Absher and others, of Obids, Ashe County, 

and of S. W. Campbell and others, of Vashti, · Alexander County, North 

Carolina. 

By Mr. GOFF: Of C. H. Ice and others, of Folsom, Wetzel County; 

and of W. H. Churchman and other.s, of Fowler's, Brooke County, West 

Virginia. 

By Mr. HOGG: Of J. Snyder and others, of Speed, Roane County; of 

J. B. Lewis and others, of Porterville, Lincoln County, and of J. W. 

Sias and others of Fourteen, Lincoln County, West Virginia .. 

By Mr. HOOKER: Of J. H. Russell and others, of Palestine, Hinds 

County, Mississippi. 

Also, of A. G. Crook and other citizens of Mississippi. 

By ~fr. HOUK: Of citizens of Hardin Valley, Knox County, Tennessee. By Mr. McCLA.Ml\IY: Of W. M. Tobar and others, of Sherwood, 

Cumberland County, and of Charles S. Tate and others, of Ashton, 

Pender County, North Carolina. 

By Mr. MORRILL: Of Allen Strickler and 37 others, of Lancaster, 

Kans. 

By Mr. PEEL: Of James M. Anderson and others, of Arkansas. 

By Mr. ROGERS: Of W. H. Carey and others, of Leon, Franklin 

County, Arkansas. 

By Mr. ROWLAND: Of Maggie Davis and others, of Kingwood, N.C. 

By Mr. YOST: Of H. W. Massie and others, of Savaunah, Alleghany _ County, Virginia. 

The following petitions, asking for the passage of the bill prohibiting 

the manufacture, sale, and importation of all alcoholic beverages in the 

District of Columbia, were severally referred to the Select Committee on the Alcoholic Liquor Traffic: 

By Mr. GOFF: Of 129 citizens of the First distr~ct of West Virginia. 

By Mr. KERR: Ofthe ministerS of the Methodist Episcopal Church 

of the District of Columbia, 

SEN ..ATE. 

WEDNESDAY, February 1, 1888. 

Prayer by the Chaplain, Rev. J. G. BuTI.ER, D. D. 

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

HOUSE BILLS REFERRED. 

The following bills, received yesterday from the House of Representatives, were severally read twice by their titles, and referred to the Committee on Commerce: 

· A bill {H. R. 615) for the relief of James B. Mitchell; and 

A bill (H. R. 2606) authorizing the construction of a bridge over the 

Missouri Riv~r at or near the city of Jefferson, Mo. 

The following bills were severally read twice by their titles, and re- fern•d to the Committee on Claims: 

A bill (H. R. 19) for the relief of H. B.. Wilson, administrator of the 

estate of William Tinder, deceased; and 

A bill (H. R. 300) for the relief of the trustees of the First Baptist 

Church at Smithland, Ky. 

The followjng bills were severally read twice by their titles, and re- ferred to the Committee on Public Buildings and Grounds: 

A bill (H. R. 1805) for a public building at Greenville, S. C . ..; and 

A bill (H. R. 1712) for the erection of a. public building at Portsmouth, Ohio. 

The bill (H. R. 4842) to remove the political disabilities of George W. 

Harrison, of Hoboken, N. J., was read twice by its title, and referred 

to the Committee on the Judiciary. · _The bill (H. R. 5874) for the relief of the heirs of the late Francis 

I. Wheeler, was read . twice by its title, and referred to the Committee on Military .A.ffairs_ 

'l'he bill (H. R. 363) granting a pension to Mrs. Eliza L .. Mace, was read twice by its title, and referred to the Committee on Pensions . 

PETITIONS AND MEMORIALS. 

Mr. McPHERSON presented the petition of Daniel Wooden, of Washington, 'D. C., praying to be allowed an increase of pension; which was reierred to the Committee on Pensions. 

He also presented a petition of the faculty of the College of New 

Jersey, at Princeton, N.· J., praying for the speedy enactment of an international copyright law; which was referred to the Committee on 

Patents. , - He also presented a petition of the Board of Trade of Newark, N. J., 

praying that a liberal appropriation be made for the repair and enlargement of the public building at Newark; which was referred to the Committee on Public Buildings and Grounds." 

He also presented a petition of 168 citizens of the First,. Second, Fourth, 

and Fifth Congressional districts of New Jersey, and a petition of 74 

citizens of the Fifth Congressional district of New Jersey, praying for 

prohibition in the District of Columbia; which were referred to the Committee on the District of Columbia. 

l\ir. COKE. I present a petition signed by a large number of citi- • zeus of El Paso, Tex., engaged in commerce, which represents that the 

recent extension of the Free Zone by the Mexican Govemment along 

the northern frontier of Mexico opens all the Mexican towns along that 

border to the importation, through the United States, of all classes of 

merchandi e from foreign countries, upon which no duty is paid either 

to the American or Mexican Governments; and that the act creates a rendezvous where merchants from forejgn countries can land their free 

goods and take their time and opportunity to smuggle or sell them to 

those who will smuggle them into the United States. 

Referring more particularly to the free port of Paso del Norte, Mexico, directly opposite El Paso, Tex., the petitioners call attention to 

the ample opportunity and great ease with which an extensive smug· 

gling business can be carried on, for the reason that all classes of individuals can go there in the street cars and in other conveyances, or on foot, day or night, purchase any article of wearing apparel and wear 

it ·over to the American side. As well also can merchandise upon 

which the greatest duty is imposed be carried over by men, pack animals, and other conveyances at various places up and down the river. 

The Rio Grande River is fordable the greater part of the time, and there are also bridges and boats in ample supply when the river is not fordable. 

Now that railways are operating to and from all the cities of the 

United States, an extensive amount of smuggling can and will be car· ried on, and these free goods will :find their way throughout our country. 

Merchants from ·vera Cruz and other foreign cities are now opening 

large stocks of foreign merchandise in convenient places in Paso del 

Norte for the purpose of supplying the American trade. They are advertising their advantages in our papers and are pushing their wares into our country. This fact is fast deruoralizing our trade and depreciating our property values. 

All other points in Mexico along this free border, where there are railway facilities, are fast becoming harbors for smugglers, and every 

day's delay works a loss to the commerce of our country and revenues 

of the Government. 

The reasons assigned ~r the act are admitted by the Mexican peo-
1888. CONGRESSIONAL RECORD-SENATE. 857 

pie to be that it will build up their border towns and check the 

growth of the American towns; that it will increase their population 

along the border and decrease our population, thereby strengthening 

their border and weakening ours. . 

Therefore it can not he possible for the merchants on the Ame:r:ican 

side, as well as the jobbers and manufacturers in our large cities, to 

compete for the growing trade of :Mexico as against the jobbers and 

manufacturers of Europe. This is a vital question to the jobbers and 

manufacturers of all the cities of the United States who have been selling goods to the merchants in the American towns on the border, and 

to tpe merchants and others in Mexico, because the free goods in the 

free towns of Mexico, created by the Free Zone act, will prove an effectual barrier between them and the trade~ of Mexico. 

Each day this matter is assuming greater proportions, and the longer 

it exists the greater the difficulty in overcoming it. 

Paso del Norte is made the principal point for carrying on this busi-

. ness, because the many railways centering at El Paso, Tex., furnish 

quick and ready transportation to all portions of the United States. 

The petition concludes by asking that a reciprocity treaty be entered 

into with Mexico, in prder to give this country some protection against 

tbe great amount of smuggling which necessarily occurs under the Free 

Zone act in the Republic of Mexico. 

I move the reference of this petition to the Committee on Foreign 

Relations. 

Mr. MORGAN. Before the petition is referred I wish to ask the 

Senator from Texas .if the commercial convention with Mexico of J anuary 20, 1883, does not cover what the petitioners desire to be secured 

to them? 

Mr. COKE. I think it does not cover the point made by the petitioners. The commercial convention referred to has lapsed! has it not? 

Mr. MORGAN. The commercial convention has not lapsed. It has 

been several times renewed and extended for the purpose of giving 

Congress the opportunity to pass those laws which are essential, by the 

terms of the convention itself, to it~ execution. 

:M:r. COKE. The Senator alludes to the treaty passed through the 

Senate, but which was never acted upon by the other House. 

Mr. MORGAN. I allude to the treaty which has been ratified and 

proclaimed, and several times amended by extending it since it was 

made, with a view of giving Congr~ the opportunity to pass the laws 

which are provided in that treaty for its execution. My own conviction is a very firm one that if the Congress of the United States should 

pass the laws to execute the treaty, the purposes of these petitioners 

would be entirely accomplished, or, if not entirely, at least substantially 

accomplished. 

Mr. COKE. I concur fully with the Senator from Alabama as to 

that. The treaty passed the Senate several years ago, but has never 

received action in the other House. There is nothing that can be done 

which would help the commerce of this country with Mexico more than 

the adoption and enforcement of that treaty. With it the complaints 

that have been presented in this petition would not exist. 

The PRESIDENT pro tempore. The petition will be referred to the 

Committee on Foreign Relations. 

Mr. WILSON, of Maryland, presented a petition of the Maryland 

State Temperance Alliance, and a petition of ministers of the Methodist Episcopal Church in th,e city of Washington, D. C., and vicinity, 

praying for the pa-ssage of a law prohibiting the manufacture and sale, 

importation, etc., of intoxicating liquors for beverages in the District 

of Columbia; which were referred to the Committee on the District of 

Columbia. 

Mr. MORRILL presented a petition of the Vermont Woman's Christian Temperance U}lion, officially signed, praying for the passage of a 

national prohibitory constitutional amendment; which was referred to 

t.he Committee on Education and Labor. 

Mr. TF.LLER presented the petition of J. M. Gregory and 398 other 

citizens of Phrenix, Ariz., praying for the passage of Senate bill 689, 

to fix the price of public lands in the forfeited Texas Pacific Railroad 

land grant; which was referred to the Committee on Public Lands. 

Mr. PASCO presented the petition of D. L. Gaulden and other citizens of Florida, praying that au appropriation be maile for the survey 

and cleaning out of the Indian River from Titusville to Gilbert's Bar, 

Florida; which was referred to the Committee on Commerce. 

He also presented the petition of William B. Jones and 41 other citizens, of Washington County, Florida, praying that increased compensation be allowed fourth-class postmasters; which was referred to the 

Committee on Post-Offices and Post-Roa-ds. · · 

Mr. FARWELL presented a petition of importers at the port of Chicago, Ill., praying for the passage of Senate bill No. 532. known as the 

immediate transportation act, with an amendment; which was referred 

to the Committee on Finance. 

11-Ir. BLODGETT presented a petition of 100 citizens of the Third 

and Fourth Congressional districts of New Jersey, praying for prohibition in the District of Columbia; which was referred to the Committee on the District of Columbia. 

Mr. P ALM:ER presented a petition of 112 citizens of the First, Ninth, 

and Sixth Congressional districts of Michigan; a petition of 139 citizens of the Ninth, Fifth, Eighth, and Sixth Congressional districts of 

Michigan, and a petition of 206 citizens of the Second and Tenth Congressional districts of Michigan, praying for prohibition in the District 

of Columbia; which were referred to the Committee on the District of 

Columbia. 

He also presented a resolution adopted by the Detroit (Mich.) Typographical Union, No. 18, in favor of the restoration of wages in the 

Government Printing Office, Washingtou City, to former rates; which 

\vas referred to the Committee on Printing. . 

Mr. EVARTS presentM a petition of 153 citizens of the Twentieth, 

Twenty-third, and Thirtieth Congressional districts of New York, praying for prohibition in the District of Columbia; which was referred to 

the Committee on the District of Columbia. 

Mr. CAMERON presented a petition of 270 citizens of the Ninth, 

Sixteenth,· and Twenty-fourth Congressional districts of Pennsylvania, 

praying for the enactment of a law prohibitingthe sale of intoxicating 

liquors in the District of Columbia; which was referred to the Committee on the District of Columbia .. 

He also presented 13 memorials of citizens of the Sixth, Eighteenth, 

and Nineteenth Con~ressional district!! of Pennsylvania, remonstrating 

against the admission of Utah as a State with polygamy; which were 

reltmed to the Committee on Territories. 

Mr. STANF;ORD presented a petition of citizens of Pasadena, Cal., 

praying for the establishmentofahighcourtofarbitration; which was 

referred to the Committee on Foreign Relations. 

He also presented a petition of the Chamber of Commerce of San 

Francisco, Cal., praying for the enactment of legialation looking to increased commercial privileges to the United States; which was referred 

to the Committee on Commerce. 

He also presented a memorial of salt manufacturers of California, remonstrating against the removal of the duty on &'lltj which was referred to the Committee on Finance. 

He also presented a memorial of the California State Horticultural Society, remonstrating against any change of the present tariff in relation to 

raisins and other foreign fruits; which was referred to the Committee 

on Finance. 

He also presented a peti tiou of the Chamber of Commerce of Eur~ka, 

Humboldt County, California, and other citizens of California, praying 

that an appropriation be made for the improvement of Humboldt Bay; 

which was referred to the Committee on Commerce. 

He also presented a petition of members of the Faculty of the University of California, at Berkeley, Cal., praying for the removal of the 

duty on the importation of books; which was referred to the Committee on Finance. · 

He also presented a petition of the Chamber of Commerce of San 

Francisco, Cal., praying for the improvement of the Mare Island navyyard; which was referred to the Committee on Naval Affairs. 

He also presented a petition of the Chamber of Commerce of San 

Francisco, Cal., praying for the repair of the flag-ship Hartford; which 

was referred to the Committee on Naval Aftairs. 

He also presented a petitid'ti of the Chamber of Commerce of San 

Francisco, Cal., praying that appropriationS be made for seacoast de- · 

fenses; which was referred to the Committee on Coast Defenses. 

He also presented a petition of the National Co-operative Homestead 

Society of. San Francisco, Cal., praying for the enactment of a co-operative homestead law; which was referred to the Committee on Public 

Lands. 

Mr. DAVIS presented the petition of Finch, Van Slyck & Co., and 

other importers, of St. Paul, Minn., praying for the passage of Senate 

bill 582, providing for the immediate transportation of dutiable goods 

which was referred to the Committee on Finance. 

Mr. WILSON, of Iowa, presented a petition of citizens of the Fourth, 

Fift.h, and Seventh Congressional districts of Iowa, praying for prohibition in the District of Columbia; which was referred to the Committee on the District of Columbia. · 

Mr. MITCHELL presented the petition of L. A. Davis, of Chehalis, 

Washington Territory, praying to be allowed compensation for carry- ing the English mai1s on rou~ 15406, between Olympiaand Monticello, 

Wash., from August 1, 1868, to June 30, 1870; which was referred to 

the Committee on Post-Offices and Post-Roads. 

REPORTS OF COM1\UTTEES. 

Mr. FRYE. I am instructed by the Committee on Commerce, to 

whom was referred the bill (S. 665) to establish a quarantine station 

at the port of San Francisco, to ask to be discharged from- its further 

consideration, and that it be referred to the Committeeon Epidemic 

Diseases.· I should like to have the bill referred to that committee 

without any further printing, because they meet to-morrow morning. 

The PRESIDENT pro tempm·e. The change of reference will be made 

as requested, if there be no objection. 

Mr. FRYE, from the Committee on Foreign Relations, to whom was 

referred the bill (S. 841) to facilitate the settlement and develop the 

resources of the Territory of Alaska, and to open au overland commer- cial route between the United States, Asiatic Russia, and Japan, sub.:. 

mitted an adverse report thereon, w:il'ich was agreed to; . and the bill was postponed indefinitely. ' 

Mr. JONES, of Arkansas, from the Committee orr Claims, to whom 
858 CONGRESSIONAL REOORD-SENATE. - FEBRUARY 1, 

1

was referred the bill (S. 147) for the relief of S. D. Barclay, G. D. 

Adams, and William H. KimbrewJ reported it without amendment, 

and submitted a report thereon. 

.1\fr. PLATT, from the Committee on Patents, to whom was referred 

the bill (S. 502) for the relief of Mary F. Potts, reported it with an 

amendment. 

Mr. VE.'3T, from the Committee on the Judicin.ry, to whom was re- ferred the bill (S. 192) to provide that judges ofthe United States circuit and district courts shall red nee their instructions to juries to writing, 

in all States wherein by the laws thereof State judges are required so 

to do, reported it with an amendment. He also, from the same committee, to whom was referred the bill (S. 

270) to establish a United Stat€s court in the Indian Territory, and 

for other purposes, reported it without amendment. :Mr. TELLER. I am instructed by the Committee on Patents, to 

whom was referred the bill (H. R. 5514) to amend section 4883 of the 

Revised Statutes, to report it without amendment. I send to the desk a letter from the Secretary of the Interior, to accompany the bill. 

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

IIIr. SPOONER, from the Committee on Claims, to whom was refened the bill (S. 1696) for the relief of Lewis J. Cundiff, asked to be. 

discharged from its further consideration, and that it be referred to the 

Committee on 1\Iilitary Affairs; which was agreed to. 

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

(S. 1671) 1or the re~f of the heirs of Martin Kenofsky, asked to be 

discharged from its further consideration, and that it be referred to the 

Committee on Foreign Relations; which was agreed to. 

Mr. QUAY, from the Committee on Claims, to whom was referred 

the bill (S. 1044) authorizing the Secretary of the Treasury to state and 

settle the account of James M. 'Villbur with the United States, and 

to pay said Willbur such sum of money as may be found due him 

thereon, reported it wi thoutamendment, and submitted a report thereon. He also, from the same committee, to whom was referred the bill 

(S. 1499) for the relief of 1\fary A. Lewis, widow of Joseph N. Lewis, 

1·eported it without amendment, and submitted a report thereon. 

J'tlr. FAULKNER, from the Committee on Claims, to whom was re- ferred the bill (S. 903) for the relief of Laban Heath & Co., of Boston, 

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

Mr. SAWYER, from the Committee on Pensions, to whom was referred the bill (S. 169) granting an increase of pension to Abby J. Slo- cum, reported it without amendment, and submitted a report thereon. 

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

(S. 175) granting a pension to Eleanor S. Lawson, reported it without 

amendment, and submitted a report thereon. 

Mr. BECK, from the Committee on Finance, to whom was referred 

the bill (S. 1163) for the relief of Edward Rice, reported it with amendments, and submitted a report thereon. 

Mr. PAD DOCK, from the Committee on Pensions, to whom was referred the bill (S. 626) granting an increase of pension to Andrew 

Franklin, alias McKee, reported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the petition of John W. Cummins, praying for an increase of pension, submitted an adverse report thereon; which was agreed to, and the committee were discharged from the further consideration of the petition. 

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

the bill (H. R. 2467) to amend chapter 191 of the private ads of the 

Forty-nint}J. Congress, passed R.t the second session thereof, concerning 

James H. Young, reported it without amendment, and submitted are- port thereon. 

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

{S. 855) to amend and correct the act approved February 22, 1887, 

granting a pension to James H. Young, submitted an adverse report 

thereon; which was agreed to, and the bill was postponed indefinitely. 

Mr. CHANDLER, from the Committee on Naval Affairs, submitted a report to accompany the bill (S. 1370) for the relief of Assistant 

Engineer Howard D. Potts, United States Navy, heretofore reported 

by that committee. , 

Mr. EVARTS, from the Committee on Foreign RelatiollB, to whom was referred the bill (S. 535) providing for an inspection of meats for 

exportation, prohibiting the importation of adulterated articles of food or drink, and authorizing the President to make proclamation in cer- tain cases, and for other purposes, reported it without amendment. 

Mr. BLAIR, from the Committee on Pensions, to whom were refened 

the following, bills, reported them severally without amendment, and 

submitted reports thereon: 

A bill (S. 379) to allow soldiers and sailors in the United States 

service who have lost both hands an increased pension; 

A bill {S. 550) granting.a pension to William C. Wait; 

A bill (S. 168) granting a pension to Mary E. Crimmins, widow of 

Patrick Crimmins; 

A bill (S. 42) granting a pension to Lizzie Wright Owen; 

A bill (S. ~412) granting increase ofpension to Mary B. Hook; 

.A. bill (S. 167) granting a pension to Ann E. Tew; 

A bill (S. 40) granting an increase of pension to Margaret E. Pierce; 

and 

A bill (S. 171) granting a pension to Jennie H. CoghilL 

1\fr. BLAIR, from the Committee on Pensions, to whom wns referred 

the bill CS. 381) for the relief of Jesse H. Strickland, reported it with 

amendments, and submitted a report thereon. 

Mr. MITCHELL, from the Committee on Claims, to whom was re- ferred the bill (S. 1209) forth~ relief of Robert H. "Blake, reported it 

without amendment, and submitted a report thereon. 

JACKSON, MISS., MUN~CIPAL ELECTION. 

:M:r. JONES, of Nevada. The Committee to Audit and Control the 

Contingent Expenses of the Senate direct me to report the resolution 

which I send to the desk. I wish to say that it is the report which was submitted yesterday, but withdrawn temporarily to incorporate some suggestions made by the chairman of the Committee on the Judiciary 

[Mr. Em.IUNDS J. It is now submitted in a form to meet his approval. 

I should like to have action on the report. The PRESIDENT pro tempore. The original resolution will be read. 

The Chief Clerk read the resolution reported by Mr. EDMUNDS from 

the Committee on the Judiciary January 23, 1888, as follows: 

Resolved, That the necessary expenses of tbe Committee on the Judiciary, or any subcommittee thereof, in making the inquiries into certain matters alleged to have occurred at Jackson, Miss., and as directed by the resolutions of the Sen- ate of the 12th instant and of the 23d instant, be paid ont of the appropriation. for the miscellaneous items of the contingent fund of the Senate upon vouchers to be approved by the chairman of said committee. · 

The PRESIDENT pro tempore. The amendment reported by the 

Committee on Contingent Expenses will be next read. 

The Chief Clerk read the substitute proposed by the committee, as follows: 

Resolved, That the necessary expenses of the Committee on the Judiciary, or any subcommittee thereof, in making the inquiries into certain matters alleged to have occurred at Jackson, Miss., and as directed by the resolutions of the Senate of the 12th instant and of the 23d instant, be paid out of the contingent fund of the Senate upon vouchers to be approved by the chairman of the said committee, and by the Committee to Audit and Control the Contingent Expenses of the Senate. 

The PRESIDENT p1'o tempore. Shall the resolution be now con- sidered? The Chair hears no objection: The question is on agreeing to 

the amendment of the committee. The amendment was agreed to. 

The resolution as amended was agreed to. 

COMPILATION OF REVENUE AND APPROPRIATION ACTS. 

lli. JONES, of Nevada. I am instructed by the Committee to Audit 

and Control the Contingent Expenses of the Senate, to whom were re- ferred the resolution submitted by the Senator from Iowa [Mr. ALLISON] January 9, 1888, and the resolution submitted by the Senator 

from Rhode Island [Ur. ALDRICH] January 19, 1888, to report a substitute. I ask for the adoption of the substitute at this time. 

The Senate, by unanimous consent, proceeded to consider the reso- lutions. 

The PRESIDENT pro tentpo,·e. The resolutions referred to the Committee on Contingent Expenses will be read. 

The Chief Clerk read as follows: 

Resolved, That the Secretary be directed to compile, for the use of the Senate, from the Journals of the two Houses, the Annals of Congress, the Register of Debates in Congress, and the Congressional Globe and RECORD, a complete chro- nological history of revenue and general appropriation bills from the First to the. Forty-ninth Congresses, inclusive, and for this purpose shall be authorized to employ an additional clerk, who shall be paid out of the contingent fund such compensation as shall be fixed by the Committee to Audit and Control the Contingent Expenses of the Senate. Resolved, That the Secretary of the Senate be directed, under the direction of the Committees on Finance and Appropriations of the Senate, to compile for the use of the Senate, from all available sources, a complete chronological history of revenue and general appropriation bills from the First to the Forty-ninth 

Congresses, inclush-e; and for this purpose shall be authorized to employ an additional clerk, wl.JJ shall be paid out of the contingent fund such compensa- tion as shall be fixed by t.he Committee to Audit and _Cont1·ol the Contingent 

Expenses of the Senate. 

The PRESIDENT p1'o tempor.e. The amendment reported by the 

Committee to Audit and Control the Contingent Expenses of the Sen .. 

ate will now be read. 

The CHIEF CLERK. It i~ proposed as a substitute for the resolu- tions already read the following: · 

Resolved, That the Secretary of the Senate be directed, under the direction of the Committees on Finance and Appropriations, to compile for the use of the Senate, from all available sources. a. complete chronological history of reyenue and general appropriation bills from tlle First to the Forty-ninth Congresses, 

inclusive; and for this purpose shall be authorized to employ an additional clerk, who shall be paid out of the contingent fund such compensation, not to exceed the rate of$2,500 per annum, as shall be fixed by the Committee to Audit and Control t.he Contingent Expenses of the Senate. 

The PRESIDENT pro tempore. The question is on ag1·eeing to the 

substitute reported by the committee. Mr. COCKRELL. I should like to ask how long it will probably 

take to complete this compilation. 

Mr. JONES, of Nevada. Probably a year. 

Ur. COCKRELL . . Would it not, then, be better to amend and sny 

"to the Fiftieth Congresses, inclusive," so as to include cll W! J bills of 

the present Congress? 

,. 
i888. CONGRESSIONAL RECORD-SENATE. 859 

11-Ir. JONE , of Nevada. There is no objection to that amendment, 

I think. 

Mr. FRYE. Let it include theactsofthe first sessionofthe·Fiftieth 

Congress. . Mr. COCKRELL. There will be two volumes, I imagine, and the 

:first volume can be printed, and the last one compiled can include all 

the acts of this Congress and be a complete compilation for the first 

fifty Congresses. 

1\Ir. JONES, of Nevada_ I think it would be an advantage to include the acts of the present Congre...<tS. 

1\Ir. COCKRELL. I suggest to strike out "Forty-ninth" and insert ''Fiftieth." 

The PRESIDENT p?·o tempore. The Senator from Missouri proposes 

an amendment to the substitute reported by the committee, which will 

be stated. 

The CHIEF CLERK. It is proposed to strike out "Forty-ninth" and 

insert "Fiftieth," and after the word "Congresses" toinsertthe word 

"inclusive;" so as to read: From the First to the Fiftieth Congresses, inclusive. 

1\Ir. HECK. The Fiftieth Congress will not expire until the 4th of 

March, 1889. Will that not delay the, publication very much? Say 

"to the first session of the Fiftieth Congress." 

1\Ir. COCKRELL. It will be impossible, unless you employ an im- mense force, to go over and prepare all the acts by the 4th of March, 

1889. Let us have it completed for this Congress. _ 

Mr. BECK. .All right; I do not want to delay the passage of the reso- lution. 

1\h. COCKRELL. As soon as one volume is ready it can be printed. 

There will be two volumes of the publication, necessarily. 

The PRESIDENT p1·o tempore. The question is on agreeing to the 

amendment proposed by the Senator from 1\'Iissouri to the substitute 

reported by the committee. • The amendment was agreed to. 

The resolution reported by the committee as amended was agreed to; 

and the original resolutions postponed indefinitely. 

REPORT OF DISTRICT HEA.LTH OFFICER. 

Mr. MANDERSON. I am directed by the Committee on Printing 

to report back favorably the House concurrent resolution providing for 

printing the report of the District health officer, and I ask for its present 

adoption. 

The resolution was considered by unanimous consent and agreed to, as follows: 

Resolved by the House of Representatives (the Senate conewrring), That there be printed by the Public Printer 2,500 copies of the annual report of the health offi- cer of the District of Columbin.; 100 for the use of the Senate, 350 for the use of the House of Representatives, and 2,050 copies for the use of the said health officer. 

Mr. MANDERSON. I am also directed by the Committee on Printing, to whom was referred the joint resolution (S. R. 36) authorizing 

the printing of 2, 500 extra copies of the report of the health officer of 

the District of Columbia, to report it adversely and ask that it be indefinitely postponed. 

The report was agreed to, and the joint resolution was postponed indefinitely. 

REPORT UPO)f WOOL. 

llir. MANDERSON. I am also directed by the Committee on Printing, to whom wa,s referred the joint resolution (S. R. 9) to authorize 

the p1·inting of the recent special report of the Chief of the Bureau of 

Statistics, Treasury Department, upon wool and the manufactures of 

wool, to report adversely as tothejointresolution, and recommend that 

its form be chan~ed to that of a concurrent resolution, that being the 

requirement of the law where no appropriation is involved in the bill. 

So I sha.U follow ad verse action and the indefinite postponement of the 

joint resolution by the introduction of a concurrent resolution, and ask 

for its passage. 

The PRESIDENT pro tempore. The committee will be discharged 

from the further consideration of the joint resolution, and it will be 

postponed indefinitely, if no objection be interposed. The Chair hears none. 

M:r. MANDERSON. Iamalsoinstructed bytheCommitteeonPI·inting to report a concurrent resolution to authorize the printing of the 

recent special report ·of the· Chief of the Bureau of Statistics, Treasury 

Department, upon wool and the manufactures of wool. 

The PRESIDENT pro tempore. The concurrent resolution will be 

read. 

The Chief Clerk read as follows: 

Resolved by the Senate (the House of Representatives concur-ring), That there be printed 17,000 copies of the recent special report of the Chief of the Bureau of Statistics, Treasury Department, upon wool and the Dl!lnufactures of wool, os follows: Ten thousand copies for the use of the members of the House of Representatives, 5,000 for the use of the members of the Senate, and 2,000for the use of the Burea~ of Statistics, Treasury Department. 

Mr. MANDERSON. I ask for the present consideration ofthe resofairs, to whom was referred a resolution relative to the action of the · Navy Department in regard to the Chicago, Boston, .Atlanta, and Dolphin, to report it with an amendment; and I ask for the present con- sideration of the resolution. 

The PRESIDENT,protempore. The resolution will be read. 

The Chief Clerk read as follows: 

Resolved, That the Secretary of the Navy be directed to transmit to the Senate a statement of the changes made from the original plans of the Chicago, Boston, 

Atlanta, and Dolphin in addition to those specified ina communication from the Navy Department to the Honse of Representatives of February 11,1885 (constituting House Executive Document No. 220, Forty-eighth Congress, second session), and in a communication from said Department to the Senate of May 2J, 1886 (conJ 

stituting SenateExecutiveDocument N o.153, Forty-ninth Congress, firstsessiun), 

together with the cost of such additional changes in each case; and that the Secre- tary be directed also to furnish the Senate with copies of all documents and cor- respondence on file in said Department written since 1\Iarch 5,1886, in any way concerning the aforesaid vessels, which are not contained in the annual reports of said Department, including all reports of boards and of commanding officers and engineer officers, and all log-books kept while the vessels have been in motion since said date, and all the evidences of settlements and payments made since said dat-e by the United States, and of any unsettled claims on account of said vessels; and that t-he Secretary be directed further to state the present condition of the Atlanta, Boston, and Chicago, and the reasons for the delay in their com- pletion and reception into active service. 

The Senate, by unanimous consent, proceeded to consider the resolu- tion. 

The PRESIDENT p1·o lempm·e. The amendment reported by the 

Committee on Naval .Affairs will be stawd. · The CHIEF CLERK. It is proposed t() add to the resolution: 

Together with the reasons for the action of the Department in each ease re- ported under this resolution and those passed by the Senate on the 25th of Jan- uary last, and also to state the present condition of the monitor !lliantonomoh and her armament.. -

The amendment was agreed to. 

The resolution as amended was agreed to. 

BILLS INTRODUCED. 

Mr. CAMERON introduced a bill (S. 1811) to authorize the sale to 

the Schuylkill River East Side Railroad Company of a lot of ground 

belonging to the United States Naval .Asylum in the city of Philadelphia, Pa.; which was read twice by its title, and referred to the Committee on Naval .Affairs. 

He n,lso introduced a bill (S. 1812) to grant pensions for service in 

the .Army, Navy, or UarineCorpsofthe United States; which wasread 

twice by its title, and, with the accompanying papers, referred to the 

Committee on Pensions. 

Mr. P .ASCO introduced a bill (S. 1813) for the relief of Susan B. 

Hopkins, widow of .Arvah Hopkins, late of Tallahassee, Fla., deceased; 

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

1\Ir. VEST introduced a bill (S. 1814) for the relief of Jacob Kern; 

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

Mr. McPHERSON introduced a bill·(S. 1815) granting a pension to 

Eliza J. Booth; wbich was read twice by its title, and referred to the 

Committee on Pensions. 

He also introduced a bill (S. 1816) to remove the charge of desertion 

from the military record of John Burchill, Company K, Thirteenth 

New JeioeyVolunteers; whjch was read twice by its title, and referred 

to the Committee on Military .Affairs. 

Mr. DOLPH introduced a bill (S. 1817) to grant to the State of Oregon townships 27, 28, 2!), 30, and 31 south, in ranges 5 and 6 east of 

the Willamette meridian, in the State of Oregon, for a public park; 

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

He also introduced a bill (S. 1818) to grant to the town of Moscow, 

in Idaho Territory, certain lands for cemetery purposes; which was read 

twice by its title, and referred to the Committee on Public Lands. M:r. WILSON, of Iowa, introduced a bill (S. 1819) granting arrears 

of pension to Col. D. M. Fox; which was read twice by its title, andreferred to the Committee on Pensions. 

!ir. MITCHELL introduced a bill (S. 1820) for the relief of L . .A. 

Davis; which was read twice by its title, and referred to the Committee on Post-Offices and.Post-Roads. 

1\fr. P .ALMER Urtroduced a bill (S. 1821) providing for the improve- ment of St. Mary's River and Hay Lake Channel, Michigan; which 

was read twice by its title, and referred to the Committee on Com- merce. 

He also introduced a bill (S. 1822) granting a pension to Ann E. 

Cooney; which was read twice by its title, and, with the accompany- ing papers, referred to the Committee on Pensions. Mr. PLATT (by request) introduced a bill (S. 1823) for the relief of 

Waterman Clift, Robert 1\:Iay, Jittmes M. Shackelford, the heirs of William :JI.farr, and the heirs of .Amos Cordson; which was read twice by its 

title, and referred to the Committee on Claims. 

lution. 

Mr. DAWES introduced a bill (S. 1824) to ratify and confirm an 

agreement with the Gros Ventre, Piegan, Blood, Blackfeet, and River _ . . . Crow Indians in Montana; which w:rs read twice by its title, and re- The reso~ution was considered by nnammous consent, and agreed to. ferrecl to the Committee on Indian .Affairs. 

ACTION OF THE NAVY DEPARTMENT. He also (by request) introduced a bill (S. 1825) providing for theapMr. CHANDLER. I am instructed by the Committee on Naval .Af- 1 pointment ofsuperiniendent of charities and corrections in the Distric~ 

/ 
-- I 

I. 

860 CONGRESSIONAL RECORD- SENATE. FEBRUARY 1, 

of Columbia., and defining his duties; which was read twice by its title, 

and referred to the Committee on the District of Columbia. 

Mr. MITCHELL introduced a bill (S. 1826) for the relief of the heirs 

of Hiram W. Hubbard, deceased; which was read twice by its title, 

and referred to the Committee on Post-Offices and Post-Roads. 

Mr. DAVIS introduced a hill (S. 1827) granting a pension to Philomelia L. Dartt; which was read twice by fts title, and referred to tbe 

Committee on Pensions. 

Mr. DANIEL introduced a bill (S. 1828) to provide for a light-bouse 

at Newport News, Middle Ground, Virginia; which was read twice by 

its title, and referred to the Committee on Commerce. 

He also (by request) introduced a bill (S. 1829) to amend an act approved June 15, 1882, changing the boundaries of the fourth collection 

district of Virginia; which was read twice by its title, and referred to 

the Committee on Finance. 

.Mr. DAWES introduced a bill (S. 1830) for the relief of the Stockbridge and Muncie tribe of Indians, in the State of Wisconsin; which 

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

Affairs. 

Mr. EVARTS introduceda bill (S. 1831) granting a pension to Mary 

Heap Nicholson; which was read twice by its title, and, with the a{!-

companying papers, referred to the Committee on Pensions. , 

Mr. HEARST introduced a bill (S. 1832) to incorporate the People's 

Electrical and Cable Railway Company of the District of Columbia; 

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

District of Columbia. 

1r. BECK introduced a bill (S. 1833) granting a pension to Eveline 

M. Alexander, widow of Bvt._ Brig. Gen. Andrew J . Alexander; which 

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

CRI_ME IN THE INDIAN TERRITORY. 

Mr. JONES, of Arkansas. I ask the unanimous consent of the Senate to reconsider the vote by which the bill (H. H. 1213) to punish 

robbery, burglary, and larceny in the Indian Territory was passed, 

with a view to make a formal amendment. 

The PRESIDENT pro tempore. The Senator from Arkansas asks 

unanimous consent that the vote by which the bill was ordered to a third 

reading and passed may be reconsidered for the purpo e of making :) 

formal amendment. It will be so ordered if there be no objection. 

The amendment proposed by the Senator from Arkansas will be stated. 

The CHIEF CLERK. In section 1, line 6, before the word ''mule,'' 

insert.the word "or;" so as to read: 'l'hnt any person hereafter convicted in the United States courts having juris- tion over the Indian Territory, or parts thereof, of stealing any horse, mare, gelding, filly, fo•1l, ass, or mule, when said theft is committed in the Indian T er- ritory, shall be punished, etc. 

The amendment was agreed tv. 

The bill was ordered to a third reading, read the third time, and 

passed. 

INDIAN· WAR CLAIMS. 

Mr. CALL. I ask the Senate to take np the resol~tion I offered yesterday morning. . Mr. DOLPH. I desire to give a notice. 

The PRESIDENT p ro tempore. The Chair will receive further 

morning business. Mr. DOLPH. I give noticethatonFridaynext, after the close of the 

morning business, I shall ask leave to callnp the bill (S. 63) for payment 

of balance unpaid on Oregon and Washington Territory Indian war 

cJaims for suppression of Indian hostilities in 1855 and 1856, as found 

due by commis ion appointed by Secreta1·y of War, consisting of General Rufus Ingalls, Capt. A. J. Smith, and Ron. L. F. Grover, pursuant 

to act of Congress, and disallowed by Third Audit{)r of the Treasury, as per his report of February 7, 1860, and I shall crave the indulgep ce of the Senate for a short time to make some remarks upon the 

bill. 

INTERNATIONAL COINAGE. 

Mr. SAULSBURY. I give notice that on Monday next, immediately 

after the ~orning business, I shall call np the joint resolution (S. R. 

30) 1·elating to international coinage, for the purpose of making a few 

remarks upon it. 

MARRIAGE .AND DIVORCE. 

Mr. DOLPH. I move that the joint resolution (S. R. 2) proposing 

an amendment to the Constitution of the United States, empowering 

Congress to legislate upon the subjects of marriage and divorce, and 

prohibiting bigamy and polygamy, be referred to the Committee on the 

Judiciary. 

The motion was agreed to. 

MESSAGE FROM THE HOUSE. 

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

'Clerk, announced that the House had passed the following bills; in 

which it requested the concurrence of the Senate: A bill (H. R. 1481) making an appropriation to construct a road and 

approaches from Pineville, La., to"the national military cemetery near 

that town; 

A bill (H. R. 1483)_for the erection of a public building at Monroe, 

La.; 

A bill (H. R. 1528). to reward the Esquimaux: natives ~f the ..isi.atic 

coast of the Arctic Ocean for acts of humanity to shipwrecked seamen; 

A bill.(H. R. 1611) for the erection of a public building at Springfield, 1\Io. ; 

A bill (H. R. 1640) changing the name of the port of Lamberton, in 

the district of Burlington, N.J., to the port.of Trenton, in said district; 

A bill (H. R. 1697) for the erection of a public building in the city 

of Asheville, N. C.; 

A billtH. R. 1860) to amend section 683of the Revised Statutes; and 

A bill (H. R. 4359) for the purchase of a site, including the building 

thereon, also for the erection of the necessaty store-houses for the use 

of the office of the Chief Signal Officer of the Army, at the city of WaShington, D. C. ORDER OF BUSINESS. 

. Ur. PLUMB. I call up the resolution introduced by me a day or 

two since on the subject of the postal service. · 

Mr. CALL. I have made a motion first to call up another resolution, I suggest to the Senator from Kansas. 

Mr. PLUMB. I can not bear a word the Senator from Floridasays. 

I should be glad to do so. The PRESIDENT p1·o tempore. The Chair has endeavored many 

times ineffectually to enforce order. Complaint is made that the proceedings ca.n not be heard on account of the confusion in the Chamber. 

Mr. CALL. I suggested to the Senator from Kansas that before be 

made a motion to take up the resolution to which he referred, I had 

asl<ed the Senate to take npthe 1·esolution I presented yesterday mornin~. with a view of allowing me to make some remarks upon it. 

Mr. PLUMB. Will those remarks continue beyond the morning 

hour'? 

Mr. CALL. I do not know that they will; I can not say. 

Ur. PLUMB. My only purpose is to get along with the business. 

If it will suit the Senator as well, there is an order of business here 

which does not SPem so urgently pressing, in charge of a very amiable 

friend of mine, which is a convenient shield behind which we usuaUy 

get for the purpose of transacting public business. etc.' and who always 

yields to a speech. I suggest whether he would not as well ask the 

Senator from New Hampshire that which he is always fond to grant, 

to allow him to take the time set aside for the consideration of the educational bill. 

Mr. RIDDLEBERGER. If the order of resolutions is passed, I ask 

· for the regular order. 

The PHESIDEW.r p1·o tempore. The regular order will be the laying 

before the Senate of the resolutions coming over from a former day. 

The Senator from Virgini.1. objects to the request made by the Senator 

from Florida to proceed out of order. 

Mr. CULLOM. If I may be allowed to say a word, I will state that 

the Senator from Florida has been seekjng the floor for the purpose of 

addressing the Senate now for several days, but has yielded very graciously. 

Mr. PLUMB. He only introduced the resolution yesterday. 

:Mr. CULLOM. I hope that the Senate will allow him to proceed 

with his remarks this morning, as he said yesterday morning be desired to do so, and gase way yesterday for the accommodation of the 

Senate. 

The PRESIDENT p ro tempore. The resolution offered by the Senator from F lorida is on the Calendar of resol ntions. a.nd will be reached 

in order. · 

Ur. CALL. I desire to correct the Chair. I introduced the resolution yesterday, and I understood tha t it would come up to-day. 

The PRESIDENT pro tempm·e. It is on the Calendar of resolutions, 

which will be reported in their order. There were some resolutions 

placed upon the Calendar prior to the resolution introduced Ly the 

. Senator from Florida. 

Mr. PLUMB. · It is not my purpose to object at all. I only wa.nted 

to see if we could not have some accommodation of the matter in such 

a way that the resolution I have in charge might go through and the 

Senator from Florida might also speak to-day. Of conrse, if his remarks are continued beyond the morning hour my resolution must go 

over until to-morrow. · Ur. CALL. I will state to the Senator from Kansas that for tl1e last 

week I have been giving this notice. I have some papers here which I 

desire to put in the RECORD, but I shall not ask to delay the Senate by 

reading them. The resolution which the Senator from Kansasllas before 

the Senate will elicit:>. good deal of discussion, as it has already done, 

and that would consume the whole of the time this morning, and perhaps more. .Mr. PLUMB. I do not interpose any objection to the Senators desire in this matter. Mr. FRYE. I have n. resolution on the Calendar prior to the r esol u- tion of the Sen a tor from Florida, which will provoke no discuss !on what- ever, and I am very anxious to get it through, so that the information 

which it calls for may be gathered. I ask the Senator from Floridn. to 

yield that that ¥esolution may be taken up. The resolution is already 

on the Calendar. The PRESIDENT pro tempore. That there may be no misunderstanding on this subject, the Chair will ask the Chief Clerk to state t~e res, 
1888. CONGRESSIONAL-RECORD-SENATE. 861 -

olution~ which are ready to be acted upon in their order, coming over of contracts of their obligation and their lien. Judge Alexander F. 

from a former day. Clayton, a man widely known throughout this country as a lawyer of 

The Chief Clerk read as follows: eminent ability, in an article published in the American Law Review, 

Resolution by Mt·. PLUMB, directing the Committee on Post-Offices and Post- at Boston, which has received notice in the works of a. commentator 

Roads to make thorough inquiry into the cause of inefficient mail service. (Jones on the Law of Corporate Mortgag~), speaks as follows: Resolution by fr. FRYE, directing the Committee on Foreign Relations to 

prepare a statement showing the political organization of the Dominion of Can- This essay will have fulfilled its object if it should tend to call courts back to ada. the original principle that a lien can not be displaced without the consent, ex- Resolut-ion by :1.\-Ir. RIDDLEBERGER, to consider in open session the treaty now press or implied, of its owner, except in cases of extreme necessity, where the 

pending between this Government and that of Great Britain. failure to preserve the property would be an act of such gross negligence on Resolution QY .1\Ir. RIDDLEBERGER, to amend Senate Rule XXXVII. the part of the person intrusted with its custody as to render him liable for the 

Resolution fly Mr. CALL, relative to the managementofrailroads by receivers injury.-.Afll<crican Law Review, Volume XIII, page 44, 1878-'79. 

appointed by United States courts. To the same effect Mr. Associate Justice Miller, of he Supreme Court 

· Mr. PLUMB. I have no objection to the resolution which I have in of the United States, in the case of Barton vs. Barbour, spoke in renderch::u·ge being laid aside, if it does not lose its place, in order that the ing a dissenting opinion; and I will here undertake t{) say that not the 

Senator from Florida may speak to his resolution. least amongst the services which that distinguished judge in the latter 

The PRESIDENT pro tempore. The order of resolutions will remain years of his judicial life has rendered to this country will be hir; late 

unchanged. The Senator from l'lfaine [Mr. FRYE] asks unanimous interpretations of constitutional law, which will be transmitted to the 

com;ent that the order of resolutions may be changed, and that the Sena- future as an honorable tribute to the wisdom and the learning of this 

tor fl'Om Florida will yield to enable him to call up the resolution offered century. Mr. Justice Miller, dissenting in that opinion, speaks as folby him. lows on the subject of this resolution: 

Mr. FRYE. There will be no debate on it. Jf there is, I will with- The rapid absorption of the business of the country of every ~haracter by cor- draw it. porations, while productive of much good to the public, is beginning also to deThe PRESIDENT pro te1npore. Is there objection? velop many evils, not the least of which arises from their failure to pay debts 

Mr. RIDDLEBERGER.. Let us hear the title of the resolution. I and perform the duties which by the terms of their organization they::sumed. 

object until I can hear the title of it. · I call the attention of those of the Senators who care to perform their 

The PRESIDENT pro temp01·e. The title of the resolution will be duties to the States and to the people to this statement of an associate • 

stated. justice of the Supreme Court of the United States in regard to the con- Ur. FRYE. It is the resolution calling for information relative to dition of the law, and to the fact that it is due entirely to the manner 

Canada. . in which Senators perform the duties which are intrusted to them that 

Mr. RIDDLEBERGER. Canada! I object., sir. ofthe tliousands of miles ofra.ilway controlled by corporations in the 

The PRESIDENT pro te~npore. The Senator from Virginia objects. circuit of this distinguished justice hardly half a dozen have escaped 

Is there objection to the request of the Senator from Florida? The the hands of improper and unscrupulous judicial action, for the judge 

Chair hears none. says: 

l\1r. RIDDLEBERGER. I beg pardon; I do not understand what In regard, however, to a certain class of corporat-ions, a class whose operathe request of the Senator from Florida is. tions are as important to the interests of the community R.nd as intimately con- ' The PRESIDENT pro tempore. The Senator from Florida asks unan- nected with its business and social habits as any other, the appointment of re- imous consent that the resolution offered by him on a former day may ceivers, as well as the power conferred on t-hem, and the dm·ation of their office, has made a progress which, since it is wholly the work of courts of chancery and be taken up to enable him to submit some remarks upon the same to not of legislatures, may well suggest a pause for consideration. It will not be 

the Senate. necessary to any observing mind to say that I allude to railroad corporations. 

Mr. HOAR. ~at resolution is it? Of t.he fi tt.y or more who own or have owned the many thousand miles of railway in my judicial circuit, I think I speak within limits in sayirrg that hardly The PRESIDENT pro tempo1·e. The resolution will be stated by halfadozen haveescapedthehandsofthereceiver. Ifthese receivers hadbeen 

title. appointed to sell the roads, collect t.he means of the companies, and pay their 

Th C C A I t" b M C 1 ti to th debts, it might have been well enough. • e HIEF LERK. reso u lOll Y r. ALL, re a ve · e man- But this was hardly ever done. It is never done now. It is not tho purpose 

agement of railroads by receivers appointed by United States courts. for which a receiver is appointed. He generally takes the property out of the 

The PRESIDENT pro tempore. Is there objection t{) the request of hands of its owner, operates the road in his own way, with an occasional sug- the Senator from Florida? gestion from the court, which he recognizes as a sort of partner in the business; sometimes, though very rarely, pays some money on the debts of the corpora- :Mr. RIDDLEBERGER. I ask the Chair whether a resoluLion to tion, but quite as often adds to them, and injmes prior creditors by creating a change a rule of the Senate which shall regulate its proceedings for to- new and superior lien on the property pledged to them. 

d d t h 1i ? Duringall this time he is in the use of the road and rolling-stock, and perform· ay oes no ave pre erence · ing the functions of a common carrierofgoodsand passengers. He makes con- The PRESIDENT pro tempore. Such a resolution has no priority. tracts a.nd incurs obligations, many of which he fails to perform. (Barton vs. Mr. RIDDLEBERGER. And it can have no right? Barbour, UQ.ited States Reports, S. C., Otto, XIV, pages 137 and 138.) 

The PRESIDENT pro tempore. It has no right of precedence. Thus speaks this distinguished justice of the Supreme Court of the 

Mr. RIDDLEBERGER. . ~ether · presented by a. member of the United States, giving the country and Congress warning of the necessity 

Committee ~n Rules or not, 1t has no preference? . . of legislation. Yet that committee of the Semite which is charged with 

The PREtiiDENT pro tempo;e. It has no precedence_; 1t ta~es. 1~s protecting the people against such wrongs has not only not acted in the 

place upon the order of resolutions. Does the Senator from Vrrgmta I premises, but is profoundly indifferent to the statement. These words 

object to .the request of the Senn;h<?r from Florida.? from a witness so eminent and well informed, speaking judicially, preMr. RIDDLEBERGER. No, Sir. sent a fearful picture of fraud, venality, and corruption. Why not use 

RAILROAD RECEIVERS. the right words in the right place? Justice Miller's statement can not 

Th PRESIDENT temp · re The r olution submitted t d be true without the existence of ~hesevices in their most flagrant form; 

b the :::; to fr 1FI0 • d ~ b des yes er a.y yet they have not made even a npple on the smooth surface of the con- yTheSenataryr omd r . e rea · tentmentof the Committee on theJudiciaryandofthe enate with this e ecre rea as 0 ows. condition of affairs . .Resolved, That t.he Committee on the Judiciary be instructed to report, by bill Justice Miller says: or otherwise, such legislation as may be necessary to prevent the courts of the United Sta.tes;-in managing railroads through receivers, from depriving cred- It is not the purpose forwhioh a receiver is appointed. He takes the property . it-ors of their liens on said railroads and corporate properties by t.he sale of the out of the hands of its owner, operates the road in his own way with an occa· properties under receiver's certificates, issued under the order of said courts, sional suggestion from the court, which he recognizes as a sort of partner in the 

whereby the title to great railroad properties and vast bodies of the public land business; sometimes, though very rarely, pays some money on the dehts of 

of the people of the United States, carrying with them a power of taxation over the corporation, but quite as often adds to them and injures prior creditors by the people, is vested in favorites and combinations of persons selected and ap- creating a new and superior lien on the property pledged to them. 

proved by the receiver and his confederates. This is the judicial discretion which the Senator from Vermont and 

Mr. CALL. Mr. President: the subject oft his resolution has attracted the Committee on the Judiciary respect so highly, and are so unwilling a great deal of attention from the people ofthe United States for the last to take away from the judge, or even to limit. 

ten years. Ithasrecentlyreceivedsomeconsiderationinanarticlepub- If Justice Miller's statement be true, and I have no doubt that it is, 

lished in the Popular Science Monthly, by H. W. Bartol, which speaks it means that the great railroad properties are the prey and support of 

as follows: great speculators preying on the honest stockholders, and on the people 

Perhaps no question of the day is exercising a more important influence on at large, through the use and instrumentality of the judges of the courts 

the investments of the country than this question of receiverships, and certainly of the United States ; but even this statement from this high authority none is of more importance to the investor in corporation securities, whether it seems to excite neither interest nor attention in this body. Why is it? be in their stocks or bonds; for, with the present readiness of our courts to ap- point receivers on the slightest excuse, and to hold the properties indefinitely, It can not be because -the witness is not eminent in character, a.bil- no one can tell when his property may be taken out of his hands, nor, when so ity, and official position. taken, how it will be administered. In fact, this readiness of the courts to ap- It t b b th" il · t f th t t "bl point receivers is taken advantage of to wreck corporations in the interest of can no e ecause · e ev IS no one o e grea es poSSI e mag- one class of creditors to the injury 9f all others, and under it unscrupulous spec- nitude. 

ulators have and are to-day using the mantle of justice to accomplish their ends. It can not be because the welfare of all the people, both of the presYears before, a distinguished lawyer of the State of Mississippi called ent and the future, does not .demand its immediate investigation and 

attention to the invasion of the spirit and purpose of the constitutional correction. 

provision, that no State could impair the obligation of contracts, by the Mr. President, it is so mew hat strange th~t with this co:rnment and this 

practice of the courts in appointing receivers and divesting one class testimony from the highest judicial tribunal in the country, and from 
• 

862 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

a man who has no superior amongst them in ·many respects, there should 

have been for years no attempt on the part of those who are specially 

charged with the duty to reform this abuse of the coUrts-a judge undertaking to do that which the Constitution forbids a State to do and 

which it was created to prevent, namely, impairing the obligations of 

contracts and operating thousands of miles of railway and controlling 

and disposing of hundreds of millions of dollars of property and the 

thousands of men employed on them, in the interest of fraud, and using 

the property committed to them for fraudulent purposes. 

I should not have been moved to introduce this resolution did I not 

desire that if here in the Senate a dull ear should be turned ·to complaints of wrong, however flagrant and however well founded, beyond 

the walls of this Chamber a sound public opinion might at least be 

turned towards this great public evil. 

I am not i~norant of the fact that the :"bttractions of the lunch-table 

are greater to many Senators at this hour than the demands of public 

duty. Neither am I insensible to the fact, which nine yeaiS of service 

in the Senate has taught me, that any effort to create remedies for 

wrongs committed by the courts in the interest of corporations, against 

the people and against public right, will empty these benches, but 

measures looking to their protection will fill these empty seats with 

e.:'lger and interested disputants. 

I wish to call the attention of Congress and the country to a case 

coming within the class of those w~ch the distinguished judge of the 

Supreme Court ofthe UnitedStateshasalludedto as offrequentoccur· 

• renee, but surpassing all others in its peculiar and flagrant wrongfulness. I have before me, for the purpose of illustrating the necessity 

of this resolution and of some action on the part of the Judiciary Committee of this body and of the Senate, the record of a suit in the circuit 

court of the United St-ates for the northern district of Florida. I desire to make some brief references to that record. 

The bill was filed on the 25th of October, 1885, bearing the indorsement of a clerk of that court. This bill alleges that the complainant 

holds a note for $100,000 against the Florida Railway and Navigation Company, a company which has consolidated some five or six 

hundred miles of railway in the State of Florida, the original co~ of 

which was not less than three or four million dolL.1.rs, which has been 

in various litigations for the last twenty years, and portions of which 

for a considerable uart of that time have been in tbe hands of a receiver 

and operated entll:ely by him under order of the judge:;. This bill 

alleges that this complainantholdsa note for $100, 000against this >ast 

amount of railroad property, that he has brought suit to recover judgment, issued execution, and been unable to collect' the .money. It prays 

then for the appointment of a receiver, and upon this judgment, nmdered by consent, ana these proceedings withotrt inquiry and judicial 

hearing of all the parties interested, a receiver was appointed; and this 

great amount of corporate property devoted to public uses is taken into 

the possession of a recer:er appointed from another and a distant part 

ofthe country by a judge of the Supreme Court of the United States 

sitting in his capacity as a circuit judge here in the city of Washington. 

Then comes in Louis F. 11eyer, the trustee, under a mo:rtg;1ge to secure certain bonds, who alleged that he represented a large amount of 

bonds iss-qed for what purpose is not stated, with what goocl faith, the 

necessity therefor unknown and uninquired into, who approved the ap--

pointment of this receiver nnd prayed for other :relief. Certain liti~ation was had in which certain. secou{l-mortgage bondholders come forward and allege their standing in that comt by independent suit for 

years, asserting liens upon that property asserting that a large part. of 

this property was originally sold without judicial sanction because of 

the default of the holder and the default of the eontradors of the corporation upon the property of which these creditors held :1 valid deed 

of mortgage. 

This record further showed to this court that thisdcfuultingholderof 

the unpaid stock ofthis corpomtion,nm:nely, the FJor.itlaUailroad Company, and this defaulting contractor, was the purcha~envithcmt judicial 

sale, as against the paid-up stockholders uud the eeccmd-uHrrtga<Je creditors, from the ex officio trustees, for an in ignifkmt·considemtion,of-the 

corporate property which had been conveyed by a. valid deed of mortgage for the security and p~ment of the-se~ud-mortgage bondholder-s 

who were then before that co1.ut asserting their rights. 

This record further showed to this court tha.t more than a. million of 

dollars of money, the proceeds of sale of Jr.,nd which was stlbject by law 

to be appropriated to the eclnca:tlon of the children of the Stn.te had 

ooen paid on the debts and obligations of this holder oft he unpaid stock 

and this defaulting contnictor :for the construction or the railroad. 

This record further showed that the defaulting stockholder a.nd this 

defaulting contractor was the grantor in the deed of tro ·t to Louis F. 

Meyer to secure the payment of certain first-mortgnge bonds executed on this corporate property. To the end that this m.n.y appea.r without 

doubt to those who either here or elsewhere may be intere10ted in the 

purity of the administration of justice, the protection of the rights of 

property, and the safety of life, of per.sonal rights and reputation, I hen~ 

print from the record as follows: 

Section 27 of the act to encourage a liberal system of internal improTements in the State of Florida, approved Jnly 6, 1 55, pi"O\'itlesThat after the railroad companies * * * shall for five consecutive years pay 

6 per cent. on capital stock paid in and bonded debt, and apply the sum of 1 per cent. yearly to a sinking fund on said debt then the trustees of the inter- nal-improvement fund may apply, under the direction of the Legislature, the annual income arising from said fund * * * to the support of schools. "' * * 

The first section of an act to amend ".A.n act incorporating the Florida Railroad Company" providesThat the a.ct incorporating the Florida Railroad Company, approved the 8th day of January, A. D. 1853, is hereby amended so that the said company shall have power to construct the railroad from Amelia. Island, on the Atlantic, to the waters of Tampa Bay, in South Florida, with an extension to Cedar Key, in East Florida, under the provisions of an act to provide for and encourage n. liberal system of internal improvements in thLCJ State, approved the 6th clay of January, A.D.1856. 

There had been a previous charter granted by the St::tte to construct 

the road to the Gulf of Mexico, with the following provisions: 

SEc. 2. Be it furth.er enacted, """That the said railroad shall comQ;ence in East Florida, upon some tributary of the Atlantic Ocean, withjn the limits of the State of Florida., having a sufficient outlet to the ocean to admit of the pass:tge of sea steamers, and shall run tnTough the easteTn and southern part of the State, in tbe most eligible direction, to some point. bay, arm, or tributary of the Gulf of Mexico, in South Florida, south o:f the Suwanee Rive-r, having a sufficient outlet for sea steamers, to be determined by a competent engineer, "\"l·ith the approval of a majority of the directors of said company. SEC. 3. Be it further enacted, That the capital stock of sa.id company shnJ.l be Sl,OOO,OOO, divided into shares o[$l00 each * * * Each subscriber shnll, at the time of his subscription, pay to said commissioners $1 on each share subscribed for, and the books of subscription n.t each of the above-mentioned places shall b e kept open for the space of si.tty days, at the expira.tion ot which time they shall be closed. 

The act provided that upon the subscription of 1 per cent. of the total 

amount of $1,000,000 of capital stock the railroad company should become a corporation and authorized to construct the road. The$1,000,000 

was subscribed, the 1 per cent. nominally paid, immediately returned to the~tockholders, and from that time to this it remains unpaid. The 

stock subscription has ne-ver been paid; but the State of Florida under 

the provisions of that-act, through the internal-improvement fund, paid 

out of the proceeds of these sales of the public lands granted by the 

United States to theState1.mder theswampand overflowed land grant 

and the internal-improvement land grant ·90,000, being the only-paidup stockholder that existed in the road from the beginning to the end. 

Undex that condition of' things, which is verified by the answers that 

I read from the testimony taken in a cause -pending in the circuit court 

of the United States at Jacksonville, it is abundantly proved that here 

was a railroad corporation with its stock subscribed for and never paid, 

beld chiefly by two individuals, and from that day to this remaining 

unpaid. I read from the testimony of Joseph Finegan, a witness in 

that case, on the one hundred and thirty-first page of the record of the 

circnit court of the United States, in the case of R9bert H. Johnson 

against the Florida Railroad Company-: 

I was the receiver or person to whom the money was to be paid, and there was no money paid on this subscription. There was no payment ever made in money on the capital stock subse1·ibed for as above stated by the ociation, bnt at a meeting of the above stockholders, held imruedintely afte1· tbe books were closed nt the Buffington House, the following board of directors were elected: D. L. Yulee, GeoTge W. Can, J. H. Bronson, Phinp Dell, George R. Fairbanks, A . H. Cole, Thomas 0. Holmes, and John Parsons~ and myself, the board of directors electiug D. L. Yulee as president, and George W. Call as sec- retary and treasurer. At a. meeling of the direct ora $2,000 sal;\ry was allowed the president and $1,500 to rue as treasurer, $1 ,500 to ~orgeW. Cali as secretary; tlris amount was cred- ited as a payment on our stock. There was no other payment on the subscriptions for stock made as ahove stared, except ~0,000. which was theestim:~ted >alue of the land purchased from George Law and rcfc;·:red to ±n the p!'ecedinoo Lestimou ·, until it was t.J:aoferred to the Flot"ida l {ailt·oad Company. The proceetls of that sale ~ere credited on the stock of the associates. No other payment was ever made in money on the stock subscribed for by the assochttes, as I have i.Jefore stateu, dul"ing my co:mection with tbe FloridaRail- ro:ld Company. 'l'herc wns no money paid or actually to be pnid on {he contract; they have no c:;sll subscriptions, no availai.Jle means. Their only means consistea of the bonds 11ndm· t.he internal-improvement net rmd the lands donated under the act, and the two town sites, wl · ch were in a wild condition and without popu- lation. · · • * • • • 

Upon this assurance and guu;ranty of M•·. Yruce Uutt :M:oses Tnyior ana Mar- shall 0. Roberts, of New Yo!"!;::, wm·e the real parties with whom I was dealing, aml that they were responsible .for ::mtl would make good the engagements of ~r. Dicke1· o. in the contract, anti would pay n.ll the debts of Finegan & Co., and would return our Il.()tes, and the additional assnt-ance thnt they would put large capitlll into the enterprise and put st line of steamers at b~!h ends ?f the road immediately on completion, the contract was executed With :&Ir. Dtcker- SOil. In pur:.mance of the obligations of tllat contract l"inegau & Co. trnns- fen·ed to Dn,·id L. Yulee aTl their bouds and stoC'k, to be- he1d by him in trust to secure the performance of tile contract by said Edward N. Dic.:kers n, and a. wriUen agreement to that effect was signed by tbe s:.tid Dicker- on, Ftnega~ , 

and Cole, and witnesaed !Jy said Yulee, and the said. trust :1cceptell by the sa1d D. L. Yulee. • 

* * * * * * Mr. Dickerson .n.c>·m· did carry oqt the con.tr::1.et or nzreement with Finegan 

& Oo. He faBe.d to take nn some of the notes of Finegan & Co., and I ha1. to pay thmn myself. ln fact,' all the ngage.m.cn.ts of Frneg n & Co. "·hich ere perfo--m.e.:l after that d:..i.c r.na all the onL tandm:; de\Jts we1·e taken up by the Florid~ I'.n.ilrru~.d omp~ny in its corporate capacity. LNOTE.-Gompl:lirmnL's counsel here o:trers in c>idence memon:tndum of a~e.ement m:uked E.Xhi!:tit C in the bill of Yulee t'S . Yose, :md is het·eto a.ttn.ched ns Exhi b it B, by c~n.£ent of defendu.n.t·s coll':l.Scl, in lien ofthcoriginaloniil.cin this CO\ut.] In renhty, after I ga\·c up the contmct tho F loriilil. Railroad Corup!!.nyfinished the road to edar 

Key. 

* * • * * * If the pow0rs co:ritnined in the two trnst deeds creating th~ tru t and the pro- -.i:sirms contained in bhe eond deed of tru~t for the protectiOn of the frec·lo.nd bonds,requil·i.ng an RMessment of the stock: one-half per cent. semi-::t.nnually, had been faithfully carried into effect the trustees woulcl then h ave had ample means to have paid the interest and expenses and protected the trust. 
::. 

1888. CONGRESSIONAL RECORD-SENATE. 863 

This provision for a sink.i.ng fund by assessment of the stock was never car- ried into effect by the trustees. It required the trustees to take possession of the road and its franchises upon the failure of the company to pay the 1 per cent. annually assessed to the st-ock of the trustees. 

* '* * * * * * The internal-improvement fund owned mm-e than $W 000 in paid·up stock in the Florida Railroad Company. . ' . Mr. Dickinson and Mr. Yulee held a large majority of the unpaid stock. The 32,000 bonds alluded to by me in the preceding as paid in Ed. M. Dicker- son for purchase-money are numbered as follows: 1042, 1045, 104.4, 1037, 1038, 

1039, 1032, 1034, 724, 723, 1048, 1035, 1033, 104.6, 725, 1036,1047, 891, and 890,1233, 1246, 

1247, 1248, 124!), 1251, 1255, 1.2;)/, 1258, 1261, 1263, 1267, 1~<13. 

On the 14th November '5!), I sent to New York a check on Riggs & Co., New York, Sl,~35, to take up the notes of Finegan & Co. Afterward Mr. Yulee gave me three mternal-improvement bonds as security for this amount. . JOSEPH FINEGAN. 

.It is agreed between Joseph Finegan & Co. and Edwin N. Dickerson that the various bonds and certificates of stock conveyed by Joseph Finegan & Co. to Ed~in N. Dickerson, under an agreement dated May 24, 1858, shall be held by Dav1? L. Yulee to secure the performance of the said contract by said Edwin N. Dwkersou, and that the said Yulee shall release and deliver to said Dicker- son the said bonds and stock as be satisfies the debts contraCted to be paid by ~for said Finegan & Co._, and in proportion to the amounts discharged and pa1d. Dated May 29, ~859. 

EDW'D N. DICKERSON. JOSEPH FINEGAN. .A. H. COLE. 

I know that $32,000 of the bonds paid in by Edward N. Dickerson as the pur- chase-money for the town sites of Fernandina and Cedar Key to John ·r.rcRae trustee, were the same bonds which I had paid in for lots bought from trustees' and which were required to be canceled 11nder the trust deed. ' 

were contraded on account and in behalf of the contractors, Edward N. Dick- erson & Co. The obligations of this company (Florida Railroad) were given, but the collateral secarity, in every case large, was furnished to the company by the contractors, to be placed with the notes as security to the company, as well as 

the c1·editors. The convenience of the company name in these c:l.Ses was afforded to the con- tractors for reasons useful to the object of the company, but witliout any agreed 

pecuniary considerations . The notes given by the company in the place of the contra-Ctors under this ar- rangement were as follows: 

Table showing the am-ount and k-ind of coUaterals. 

Name of payees. 

Vose, Livingston &Co .......... ; ................ . Ebbava.le & Co ...................................... . Riggs&Co .............. ..... .......................... . Elisha Riggs .............. ............... ............. . Gelpke, Kentzen & Rechart .................. . Harlan & B:ollingsworih .............. .......... . Taunton Locomotive Manufacturing 

Company ............................................. . l\1. C. Jessup & Co ................... ............... . 

Corydon Wyn.ch. ....... ............... ~············ George E. Dasco1nb .............................. .. Danforth, Cook & Co ............................. . James Tinker ..........•............................. 

Amount. 

3156, 201. 62 ~98, 370. :l~ 

59,999.99 

9, 99!l. 99 47,600.00 

2, 9-12.31 

Free-land 

bonds. 

···sio6;oo:o:oo· 

14,000.00 

:::>6,000.00 

4,000.00 

7, 756.03 14,000.00 

1, 609. 00 2, 000. 00 

Internal-im- pro-vement 

bonds . 

Sl95, 000. oo 380 000 00 56;ooo:oo 

12,000.00 

4.0,000.00 

2, OOO.Of? 

1~: i:: rg ······ .~:.~:~ ........ 27,"ooo:·oo 

3, 363. 281 9, 000. 00 

25,779. 08 ·•···· ............... *35, 000. 00 

I have compared the numbers of these bonds with then mnbers which John 1\IcRae recei"ed for the lown sites, and I know that they are the same. Mr. Yulee was not a. m.an of large property, and what he possessed was, I think, -

Total. ......................... ................... . 630, 845. 25 1 207,000. 00 

*·About. 

7&1,000.00 

encumbered by mortgages. . 

Further on Mr. Yulee "testiiies;that this money was a loan; and I read 

from his testimony: . 

But I will now say, further, tbat it was not expected that the gentlemen com- posing what was called "the Associo.tion" could furnish the means to build the road. It was known they could not. I procured also the passage ?f the" internal-improve!Dent act" by the State, 

whereby a good bonded sccunty for $10,000 per mile, touon and equip the road and a grant of alternate sections of State hnds were obtained. I also procured a grant of alternate sections of public lands from the United States. '.rhese as- sets seemed sufficient for the construction of the road. They were all put into the treasury of the corporation and de"'.·oted to the uses of the enterprise. They were all by mortgages made, primarily. appropriate to construction. The means for construction were obtained upon 1;he credit of this property ana of the road to be constructed, and not upon the credit of the stock. The only benefit the stockholders could derive would be in dividends of ea'l'rrings after the construc- tion and maintenance of the road was fully paid. D. L. Yulee to George W. Call: . "But how stands the matter? We call for the 'l'el'!toration of the first 1 per cent., which was loaned to the subscribers till called for (I have faithfully re- garded this as a loan, and have held myself in law and honor bound for the whole sum to the company, being myself .responsible for it), and we also call for something further." I do not know if the bonds specified by witness were paid in by 1\'lr. Dickerson to the trustees. It is quite possible they were. The bonds he enumerates were in the hands of Mr. So utter, one of the trustees. 

* * * * * * * In pursuance of a resolution of the board of directors a stock dividend is de- clined of $1.59 per share out of proceeds of land sales, there bejng 10,~220 shares which is*l)l6,249.80,..,and the b~ance carr1ed t-o rese;ve-fund a;~count, ;u>7~45. ' 

I find that he credits cash and charges himself with $245,526.98, derived mostly from four installments of 1 per cent. each, and two installments of 10 per cent. eaeh, and further credits stock on account of land and interest dividends with 

$119,395.81, making altogether, up to September, 1859, at which date the entries in this book cea.<;e, a credit on stock of $36<1,922.79. 

1\Ir. Yulee testifies furt-her: 

The contractors furnished the collaterals, paid for fastenings, duties, expenses oftra.~por~ion, expense of layin~, etc., themselves. The company did nothing but g1ve their notes for the matenal secured by the bonds and subject to the risk of the inadequacy of the bonds to cover the debt. The bonds placed as col- lateral were always sufficient t-o cover the debt at a va1uation of 80 per cent. 

The fact then appears abundantly establishecl in this record and consented to by all parties that here was a railroad company, with the 

great majority of its stock unpaid, on which no considerable amount 

was ever paid, and held by parties who paid little or nothing for it, 

while the State through the internal-improvement fund bad bllcome a 

cash stockholder to the extent of $90,000. Under an alleged authority 

contained in the internal-improvement act of 1866 this road was sold 

by the provisional trustees of the State of Florida, the officers of the 

provisional government, the governor, comptroller, the attorney-general, and treasurer of the State being ex officio under the law trustees 

for the sale of this property. The act provided that the road should 

not be sold until ufler completion for any default in the payment of the 

interest or principal upon the bonds that had been issued; but without 

reference to that, 'Without any judicial proceedings, this property was 

sold, and it was bought by a person who was the debtor of the company and of the paid-up stockholders for the unpaid sub criptions 

for stock of the raproa~ company, and who was obligated to pay 

them. It wn.s bougnt w1th the statutory bonds of the road, which had 

twenty years to run, at au estimated value of 20 cents on the dollar-a 

very extraordinary proceeding, to pay for a property with its unmatured 

obligations having twenty years to Tun. The parties purchasing this 

road bad become connected with its unpaid stock by assuming to pay 

the debts of the contractors who had built the road, as appears in this 

-testimony. Mr. Yulee further testifies as follows: I said I thought it advisable to specify the debts owing by this company t-o parties residing in the United States(now at war with this Government}, which 

D.L. YULEE. 

Sworn to and subscribed before me, at Fernandin~t, this 16th day of February, A . D.1880. ' · [sEAl..] CHARLES W. LEWIS United States Commissioner for the Nvrthern District of Flc-rWa. 

It is that with which we have principally to deal now. This obligation of Vose, Livingston &Co. was that of 1\fr. Dickerson, who became 

the contractor and the assignee of the preceding contractors and obligated himself to pay this note. It was not paid. It ran up into the 

large sum of $1,000,000, including costs and expenses. For that obligation the State paid 4,000,000 acres of tl1e public land, netting the 

amount of$1,000,000. 

Thus it was that a million dollars of proceeds of the sales of the 

public lands subject to be applied to school purposes were sold to 

make good the default of this purchaser of the railroad, who then and 

now retains that property, or did until a short period ago. . 

We have then a railroad the entire cash stock of which is paid for by 

the State and the unpaid stock subscribed for and never paid, being an 

obligation resting upon the subscribers and those who assumed the obligation in place of them. We have a sale of the road and a purchase 

of it by its non-paying stockholder and its non-paying contractor. We 

have a million dollars of the public money of the State, the result of the 

proceeds of the sales of public lands, sold to pay this debt. 

"Whatever denials are made in general terms, whatever elaborate and 

ingenious explanations and statements are made in the record which 

contains these statements, it remains trne that the 1 per cent. required 

to be pa.i.d on the organization of the company was only nominally paid 

and then returned to the subscribing stockholders, and never thAre:-

after paid; and that the majority of its stock was never paid. That 

they had acquired the stock by an obligatio~ to pay the debts of Finegan & Company, which obligation they had ne-ver performed; but the 

debts. had been paid by substituting the notes of the railroad company, in which the State was the only ca.'3h stockholder, through its internal-improvement fund, for the obligations of the contractors. · The 

spectacle was thus presented of a road built out of the lands donated by 

the Unit~d States to the State of Florida, without any payment upon 

its stock subscription, and by the substitution of the notes of the railroad company for the notes of its contract-ors which had been obligated 

to be paid by the persons who made the purchase, and a purchase of the 

property by the non-paying contractors and payment for it with the obligations which they were themselves bound to pay. . 

Had their default in payment not been made the debts uf the road 

would have beeu paid entirely by the persons who held its unpaid stock. 

Among the obligations thus assumed was an obligation of Vose, Livingston & Co., of which :Mr. Yulee testifies as follows: 

I had added to the obligations of the company my own indi"idual indorse- ments in the case of Vose, Livingston & Co., and in several other instances where it was required to satisfy creditors. 'l'he bonds of the company had be- come much depreciated in the market from various causes, bot I knew the in- ternal-improvement bonds to be intrinsically worth par and that their facevalu.e w.as certainly realizable at some time from the internal-improvement fund and the road, and relied upon them for my security. 

Thus it appears that the internal-improvement fund was a paid-up 

stockholder to the amount of $90, 000; that the subsequent purchaser of 

the road and its franchise at the alleged tru-stees' sale ( Ur. E. N. Dickerson) was the owner and holder of this unpaid stock and subject to all the 

obligations ofitsoriginalsubscribers under a contract withFinegan&Co. 

to assume and pay their debts and obligations as contractors; that among 

these debts was that of Vose, Livingston & Co.; that the note of the 

Florida Railroad Company was given for this debt· that Mr. Dickerson 
-. 

864 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

and his associates did not pay this debt, but the people of Florida 

through the internal-improvement fund did pay it by the sale of 4,000,-

000 acres of the swamp and overflowed and the internal-improvement 

land grant for $1,000,000 in 1881; that these facts are proved by the t~timony of all the witnesses in the record who testify on the subject. The 

result of this state of facts was that the railroad and its franchise and 

whatever rights, if any, existed to· the land grant of 1856 from Waldo to 

Tampa were claimed to be the property of Mr. E. N. Dickerson and as- sociates, the purchaser at the alleged trustees' sale in 1866, the non-paying 

stockholder, the assignee of the con tract ofFinegan & Co., whose contract was performed by the railroadcompanyand whose obligations the people 

of the State paid, while theinternal-improvementfundoftheState, the 

only paid-up stockholder, had nothing but the right of losing the State's 

money and her school fund and paying the debts oftherailroadcompany 

and the non-paying stockholder and contractor, who thus became the 

corporation. 

In that condition of things an application was made to the court that 

receivers' certificates for the repair of that system of roads should be 

ic;sued. The order was given and $1,500,000, as will appear from this 

record, in the shape of receivers' certificates were issued; and now within a year's time, or two years' time, of these occurrences, this great property is exposed for sale and about to be sold under the decree and order 

of the court. · 

Here, then, the actors before the court are the holder of the unpaid 

stock of the original Florida Railroad Company, who was also the con- tractor, whose contract was performed by giving the obligations of the 

company in which the State was the cash stockholder, who was also 

the purchaser at a non-judicial sale of the cash stockholder's property, 

who was also the debtor of the Stat-e, the cash stockholder, for over one million of dollars paid by the State from a 'fund subject to be applied 

to public education, who was also the grantor in the deed of tnlSt, to 

Louis F. Meyer, to secure bonds, a large part of which must have been his own property, and Louis F. Meyer, his trustee, and the second-mortgage 

bondholders with the deed of the original corporation to this trustee, 

and the judgment plaintiff in a judgment rendered by consent against 

the corporation created by this holder of the original unpaid stock 

who was this debtor in the original contract of construction, and the 

debtor to the children of the State-these three actors-all in the interest of the original debtor and the second-mortgage bondholder asserting prior legal title and prior and superior equity against their original debtor and mortgagor. 

It will be readily seen how easy it is to make the courts of the 

United States tlte instrum~nt of fraud of the plainest and most vicious 

character in the present state of legislation on the subject if such a case as this is possible; and how simple the process is when, instead of 

the marshal of the court, some confidential person is appointed re- ceiver and another confidential friend made the master and commissioner to sell the property. I invite attention to this record and to 

these 1acts in my place as a Senator here, in order that the courts of 

the United States may be purged of whatever is wrong in them, and 

that such limN:ations may be imposed upon the exercise of their judicial power as the interests of the people and common honesty and justice require. 

If the severer powers of this body shall be called in question by these 

facts, it will have to be done by another tribunal, who are the immediat-e representatives of the people, and it is not for me to speak now ns to what their action sl:v>uld be. 

But that is not all of this most extraordinary proceeding in which, 

with proofs standing upon the record showing that the parties moving 

these proceedings were the purchasers as against their own mortgagees 

of a property for the construction of which they were the contractors, 

and the defaulting contractors, and the stockholders who held the stock, 

which was unpaid, as against the cash stockholders. With these all ega- "- tions and this ·proof this record shows the court to have decided that 

these bondholders, with their second-mortgage bonds from their own defaulting contraetor, a majority stockholder of the unpaid stock who 

had become the purchaaer of that great system, had a stale claim as against their own debtor and grantor, because the suit had not been 

brought before the mortgage bonds were due, although their suit had 

been filed immediately after the maturity of their bonds. 

But let us pass on. A court of the United States has appointed a 

receiver and has also appointed a commissioner, not the marshal appointed 

by law, and is now selling a vast amount of corporate property, in the 

face of the fact shown by the record that the appointment is moved by 

the subsequent creditor of a contractor who is the debtor of the corporation upon the property of which the bondholder held his mortgage 

in a sum more than enough to have discharged the whole debt, and who 

was the holder of the unpaid stock which, if it had been paid, would 

have made the property solvent. I will pa.ss on, having shown that 

there have been found judges of the courts of the United States whose 

alleged opinion of the law enabled them to arrive at such a conclusion, 

only remarking that this is the judicial discretion which the Senator 

from Vermont and the Committee on the Judiciary are unwilling to 

interfere with. . - This record also contains a bill from S. I. Wailes, filed in the circuit 

court in which this proceeding is pending, which I hold in my hand 

with these papers, in which he alleges that he has made a contract with 

this company whose property is in the hands of a receiver, this Florida 

Railway and Navigation Company, for the payment to him of 10 per 

cent. of the land grant of the 17th ofl\_1ay, 1856, between Tampa and 

Waldo, to aid the State of Florida in the construction of certain lines 

ofrailway, and of25 per cent. upon the indemnity lands which should 

be obtained; that he has rendered great services to them in obtaining 

from the Secretary of the Interior, Mr. Schurz, a reservation under this 

land grant of May 17, 1856, after :Mr. Secretary Chandler had decided 

that the grant had expired, and had restored the land to the public domain, and had opened it to actual settlement and cultivation by settlers 

under the land laws of the United States. · He claims that this company is entitled to this land grant under the 

provisions of a certain act of the Legislature of the State of Florida, 

known as the internal-improvement law, approved January 5, 1855; 

that they have sold for the payment of the tax upon the constructed 

portion of the road large bodies of this land to the amount of $140,000; 

that this sale is in disparagementofhis rights a,nd hisinterests, and he 

asks the court to appoint a receiver and to holcl this public bnd subject to his agreement with this railroad company. The judge, with com- plaisance, grants him a decree for a large portion of the public domain, 

thus undertaking, as in the...decree for a, receiver before mentioned, not 

only to deprive creditors of their lawful rights, not only to impair the 

obligation of their contract, but also to take away from the settlers on the public 'domain of the United States their homes, and to take from 

the custody of the Interior Depa,rtment the lands belonging to the 

United States, in reference to which Mr. SecretaryTelleraddressed this 

letter to the settlers upon it: 

EXTRACT FROM THE LETTER OF MR. TELitER, SECRETAr.Y OF THE INTERIOR. 

In the matter of the sale of lands by the colllpany known as the Florida Rail- way and Navigation Company, your attention is invited to the following ex- tractfrom the letter ofHon. H . .M:. Teller, Secretary of the Interior, dated June 9, 1884: 0 .... 

* * * * . :~ * * 

All persons purchasL-lg from the railroad company are chargeable with no- tice of the conditions upon which the title of the State undct· the grant, and of 

the title of the company under the laws of the State, is Liable to be defeated, and 

in event of the failure of the railroad title, through an enforcement of the forfeiture of the grant, or from other sufficient c:J.use, they can not be regarded as innocent purchaser3. The whole matter of the recognition, confirmation, or forfeiture of this grant 

is now before Congress, and the claims of the company and of settlers upon the 

land are subject to the action of that body. 

It was an assertion on the part of the United States of their power over this domain, and the absence .of any legal right in any person, 

whatever. 

The Commisioner of Public Lands, Mr. Sparks, in a letter to the Secretary of the Interior, w1·ites as follows: 

WASHINGTON, D. C., June 7, 1887. 

SIR: I am in receipt * * * of a letter from the Solicitor-General nnd act- ing Attorney-General and of a letter * * * The points indicated are as follows: Is there any portion of the land referred to in the accompanying bill that 

has not been certified to the State of Florida? * ''' * In reply to the first inquiry, I have the honor to state that no portion of the lands referred to in the 

accompanying bill (S. I. Wailes's bill) have been certified to the State fo1· the 

benefit of the grant claimed by the Florida Railway and Navigation Company, 

between 'Valdo and Tampa. * * * Hon. L. Q. C. LAMAR, 

Secrctal'Y of the Interior. 

This is the response of the Interior Department to the application of 

these settlers for protection. In the face of that reply from the Interior 

Department here stands a decree, appointing a receiver of the court to 

take possession of the public domain of the United States, out of the 

custody of the United States, and dispose of it, without hearing, without opportunity for the United States to come in and assert the rights 

of this Government and the people, and without inquiry into the rights 

of the settlers and in open defiance and contempt of Congress, which 

had then in one branch recommended through its committee an absolute forfeiture of the alleged grant, and the other had passed a bill re~ 

quiring a suit to be brought for its forfeiture. 

I appealed to the President of the United States to protect the people 

in their homes and their rights. He referred the question to the Attor~ 

ney-General. I assert that there is not and there never was one word or letter in any statute of the State of Florida that ever conveyed or purported to give or intended to give an interest in this land to this com- pany or its predecessors or any persons whatever. I asserted then, and 

assert now, that this is a fraud without one single plausible ground to 

stand upon in all the laws of Florida. Here they are before me. I have 

asked the Attorney-General, the Solicitor-General, the law clerk, the 

Secretary of the Interior, to point out the law which, by the remotest 

expressiOn, implication, or construction of any kind whatever, gives 

this company or its predecessor or any otber railroad company any interest in the grant made to the State May 17, 1856. The record in this 

case exhibited that fact clearly and beyond all doubt and denial. The 

court had judicial notice of the fact that there was not a law nor a word nor a reference susceptible of any construction whatever that conveyed 

the least right or interest in this great land grant, said to be, by the 

sworn evidence of the receiver and witnesses in this case, worth $3 an acre. There never has been the slightest interest in it or allusion to it 

given or ma-de in any statute of the State of Florida or of the United 

States, to this company or any of its predecessors. 
• 

1888. CONGRESSIONAL RECORD-SENATE. 865 

But that was not the least of this extraordinary proceeding. I read ion that these lands should be disposed of by the Legislature of the 

from the record of the suit. In the sworn answer of Mr. Ed win N. State, and by the LJ)gislature only, and that the Legislature should not 

Dickerson to this bill of complaint of :Mr. Wailes occurs the following dispose of them, except as the road was actually built, and that if not 

statement. I presume it will not interest the Senators who are absent built within ten years the grant should cease and the property revert 

from their seats. They seem to be indifferent and insensible to such to the people of the United States. I shall show that there was no discharges, but I think the country will take some notice of it: posal bytheLegislature of Florida, noranyindication of a line of road; 

I declined to consent to that appointment (Mr. s. I. Wailes) for reasons which that this company and it<> predecessors. never had by any kind of alluat that time seemed to me to be conclueive. One of these reasons was that I sion, word, or reference any interest given to it by the Legislature of that was informed by l\Ir. Williams, a. gentleman of the highest character in Florida., State under this grant. I shall show that ~or twenty years th1·s cond1· _ who had been employed as an agent in the sale of these lands and who was in ~~ the land offi~ with which Wailes was in connection, that Wailes had got posses- tion of things was acquiesced in. I shall show by the printed portions sion of about $6,000 that had been paid by purchasers and had refused to turn it of this record that although Mr. Schurz made a reservation of this land, 

o,·er; and had said to Mr. Williams that be had used it to bribe four United h States Senators at $1.500apiece on the Land Committee of the Senate to prevent e did it in absolute ignorance of the facts of the case and without an inthe passage of any bill afrecting the land grants. * * * quiry into them. 

Now, M:r. President, here is a record for a receiver; here is the princi- Why, ~Ir. President, this voidres?rvation, afte::.- Mr. Chandl~r'srefusal 

pal owner, as he swears in this statement, of the stock of this road who torecogmze theg;ant, afterexhaustingthepoweroftheexecuti';edeparthad previously made a sale of it, but retaining doubtless a considerable · menton the subJect, fourteen yea:s after t?e grant had exprred, 'Yas 

partoftb.e bonds for payment, and therefore still the owner, making oath made up~m .the pretense.that th.e mternal-lm~rovement:=tct ofFlo~1da 

that a reputable witness who was employed ill the same office with Mr. of 1856, m 1ts twenty-thud section, had promised th;:tt If the Umted 

Wailes had been informed by him that the proceeds of the sale of th~e States shoul~ give to t~e State of Florida any lan<1:s ther~fterto aid in Ian~ had been used to bribe UnitediStates Senators, and a judge of the the constructiOn of any ~nes of railway, the comparues des1gnat~d under 

Umted States court making a decree confirming the title thus alleged that .act who should b.uild the road sh~:mld ha.ve the benefit o.f 1t. The 

to have been obtained, without even an inquiry into the facts. Here is public records of Flonda show that neither this company nor 1ts alleged 

th~ original purchaser, the old stockholder of the unpaid st<>ck of the predecessor was the company that was authorized to build a railroad to 

old corporation, the old contractor with his unfulfilled contract and •.rampa under that act. They show that the State had refused to give 

hi_s debt to the c~sh stockholders for the performance of the contract, totheirpredecessorsanyinterestin thisgrantandhadgiv~1;1ittoa"'?other 

stil~ the o~er of ~he new corporation, under the consolidated organi- co~pany; but above and beyond th:;tt, the rec~rd .o~ this ~em the 

zatwn claimmg this land grant of 1856, of which the statufes of the Umted States court shows an~ the Judge had JUdicial notice that by 

State of Florida had made no disposal and which the State had not the laws of the State of Flonda that act had been repealed by many 

claimed. ' different acts for twenty years; that the very act on which this reservaThis was a qu~stion easily answered, as to which there can be no pre- tion 'Yas clai~e<l: had be.en repealed and repealed and repealed, time 

tense to excuse Ignorance. The law clerk in the Attorney-General's and ~1me agam, m the h~tory of that State. What a wonderful proDepartment, Mr. Maury, to whom the Solicitor-General referred the ceeding was that decree m such a case! . matter, said he would take time to consider it and the parties would be W_hy, Mr. President, as I said, I shall not detain th_e Senate with 

~eard in argument-aftereightyearsofprevious argumenton theques- readm~ over these docull?-ents; .but I h~veas_hort col~atlon hereof the 

twn whether the statutes of Florida contained such a statute. When laws of the State of Flonda which are mco:osiStent w1th, repugnant to, 

I asked that he look. throu~h the s~tutes and see if there was any law and in repeal o~ this act l!nder. which this reservation_ was ~id to be 

of the State of Flonda which mentions or refers in any way whatever made, and of thiS land which thiscourthasdecreed-thiSpubhclandof 

to th~s com~any ?r any predecessor of it or any other company, further the _United States-to ?e ~iven to this COI_Dplainant, Mr. Wailes, wh? is 

and mdefimte time was wanted to ascertain this fact. That was· a test1fied here by the pnnc1pal owner of thiS property to have been usmg 

question easily answered, and an answer was demanded by hundreds these proceeds to bribe United States Senators upoc. the Committee on 

of people whose homes and rights were involved in it· but it could not Public Lands of this body, giving to him as a fee 10 or 25 per cent. of 

be had. ' a million acres of public land of the United States, of the people of the 

. I asked of the Secretary of the Interior the same question, and in- Unit~d States, cont.aining the homes of the peopl~, for obtaining a .res- Slsted that they should tell me how, if the State had received the grant ervabon under a repealed act of the State of Flonda. I do not believe 

and had ne~er given it to any one, or even claimed it for themselves that this money was so used, or that Senators can be bribed; but the 

how Mr. Schurz and the judge in Florida could take it awav from th~ record so states, and the judge was put on inquiry. 

people and give it to Mr. Wailes; but no answer could be obtained. 1\Ir. President, I want to make this point plain, for I wish it to go to 

I asked that the Government of the United States should intervene the country. The judge of the circuit court of the United States for 

and .assert that no _judge of· the "£!nited States court could appoint a the nor~hern d~stric~ of Florida, by a decree wh~ch I hold in my hand 

rece1ve~ ofthe Capitol, of the Whif::e House, or of any public property and wh1ch I Will pnnt, has_ decreed to a. complamant before_t~at court or pubhc land because some party m a suit came before him and said 10 to 25 per cent. on an estimated grant of upwards of a million acres ''I have a right to a lien on that and a title to the Capitol or th~ of land as a fee for obtaining a reservation of land under a law of the 

Treasury Department building by virtue of some precedent transac- State of Florida which never had any possible reference to that corporation with some third person-they had a right to it," notwithstanding tion, and which if it had, had been repealed by many different enactthe laws qfthe United States are notice to all the people of the United menta of that State for .the period of twen~y years: The complainant 

States and are supposed to be known to the judges of the United States. to whom was decreed thiS vast body ofpubhclandsm the State of FlorWhy, .Mr. President, that is a plain proposition· everybody knows ida belonging to the settlers, and with their homes thereon, is charged 

it. The courts knew it; it is incapable of aDBwer; 'there can be no an- by the principal party in interest in that litigation with using the proswer. I asked of the Solicitor-General, Mr . .Jenks, and although he • ceeds of the sales of that grant t<> bribe Senators of the United States. 

went with me through the statutes of Florida and a~n:eed that there The judges of that court were put upon their caution to have required was no law to be found giving this corporation any right to this land an investigation and strict proof of this claim. The judges of the United 

he said he could find no law which authorized the Government of th~ States have no right in law to make such a decree, and I want some United States to protect the people of the United States in the courts legislation which will prevent them from rendering such a decree and 

of the United States against this corporation, in respect to this decree selling property, as to which the judge has notice by the laws and the 

giving the homes of the settlers to Mr. Wailes. record that there was 11:0 right except the sovereign right of the people 

Then comes, in this record, the sworn statement of the principalliti- of the United States and the settlers on the public domain under the 

gant in this transaction, that this agent has stated that the proceeds of laws of the United States. I want a law that wiJI make void the dethe sales of this public land have been used in the Senate of the United cree of ajudgewho will attempt to sell the public lands of the people 

S~tes to defeat the people from obtaining the restoration to the public of the United States in the interest of parties who are charged upon 

domain ofthe property which Mr. Chandler had decided therewasno.t sworn statements with bribing Senators to enable them to obt-ain the a vestige of ground or reason for withholding from them. people's homes; a law which will require a judge to hear testimony beMr. President, I want some legislation that will require the judge of fore he renders a decree in such a case; a law which will bring to some a court to have some proof before him before he renders decrees of this kind of responsibility before some one with a writ of prohibition the 

character. I want some legislation which will forbid him from appoint- judge who takes jurisdiction (IVerthe public domain and gives it away 

ing a receiver of public property of the United States, taken by arbitrary to individuals, as in this case. ·order wi.thout a hearingofthepeople of the United States by some rep- Now, here is a case about which there can be no sort of doubt. The 

resentatlve. I want some penal legislation which will compel the ex- Supreme Court of the United States had given notice to that court in 

ecutive officers of this country to protect the people in their rights, thecaseofFarnsworthetal. vs. MinnesotaandPacificRailroadCompany, 

although they may be assailed by corporations or by individuals, and at 92 U. S. Reports, in the following terms:: 

least demand that there shall be a judicial hearing under proper forms Where land and franchises are thus held, any public assertion by legislati>c 

of proceeding before the executive department either surrenders or is act ~fthe ownership of the State aftet: dE?fault of the gra~tee-such as-an act.rel · d f ·.4-~ • d . , , summg control of them and appropnatmg them to particular uses or gra.ntmg < epr1ve 0 11>:! powe~ 1n an 1ts control of the _people s property. them to others to carry out the original object-will be equally effectual and op- I have stated here m my place as a Senator of the United States, and erative with judicial proceedings spoken of earlier in the decision. 

I s~all prove it by this record, that here is a case in which, in 1856, the In Farnsworth et al. vs. Minnesota and Pacific Railroad Company 

Umted States gave to the State of Florida the alternate sections of land (2 Otto, S. C. Reports) the court says: along certain lines of road to be indicated by the State, with a provis- The forfeiture is maintainable on strictly equitable grounds. It was the exXIX-' 55 
• 

866 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

pres;> contract oft.he parties based upon a good, valuable, and adequate consid- eratwu. Respechng the State, the company was a mere donee. It received a most liberal grant of franchises and lands and a loan of the credit of the State upon the sole condition that it should proceed with the construction and com- pletion of tl~e l:"oad with the dispatch agreed by the Territorial and State govern- ments. This It undert.ook to do. Such completion within the time prescribed was nota colJateral or incidental, but the exclusive, purpose of the amendment. 

Any default in this respect admitted neither compensation nor restoration of the status in quo. 

Here was a case in which in the first place the State had never from 

the inception of the grant to this day made any legislative disposition 

of it, a case in which the internal-improvement act of the State of 

Florida, which was an act conveying the great body of swamp and 

overflowed lands in that State, amounting to 20,000,000 acres, bad been 

repealed by the disposal of every acre of the trust fund under which 

this reservation is claimed to have been made by twenty difr.erent al ts 

to other and different purposes. Let us see what they were. The act 

of January, 1855, of Florida, under which this railroad corporation 

claimed this reservatiop., and under which :Mr. Schurz acted fifteen years 

after the act of 1856 of the United States had expired, provided: 

SEc. 21. Beitfurlher enacted, That should the GoverlllllentoftJte United States grant land t.o the State of Florida for the purpose·or aiding in the construction of t!J.elines ?f milroad i nd ica~d. and their extensions, by general or special act, said lu~e of r&ll way shall be entitled ~o all the benefit~ and advantages arising from sa~d ~ant that t;he State of Fl<!nda wo~d be enht-led to by the construction of satd hnes of railway and their extenswns; and the governor of the State is , hereby authorized and required, should such an a.ct be passed by the G1lvern- ment of the United States, to direct said railroad companies to select said L.•md, 

and, after such selection, to give the Secretary of the lnterior notice of such se- lection, and furnish him with a list of lands so selected the number of each sec- tion, fractional section. or subdivision, and take such' other action as may be necessary to fully secure the grant of land to said railroad companies. subject to all the conditions and restrictions of the act of Congre~s making such grant. 

, It is. shown that before any co~pliance with the terlllS of this act by 

any ra1lroad company as to the hue from Waldo to Tampa, the Legislature conveyed all the land described in this act to other railroad 

companies, divested of all the conditions of this trust, and for twentv 

years this legislation has been in fo1·ce and acquie ced in. I refer to an 

act of the Legislature, approved J u12e 241 1869, entitled ''An act to perfect the public works of this State.'' The Jackson ville, Pensacola and 

Mobile Railroad Company was authorized oy this act to build a railroad from Jacksonville to Pensa{:Ola. 

Section 4 of this ad gives this new railroad company the exclusiYe 

right to build the road to Pensacola and consolidates with it the lines 

authorized by and built under the internal-improvement act. It gives 

them St.:1.te bDndsinstead ofland, to the amountof$14,000 a mile, and 

requires tlle whole road to be completed in three years from that time, 

and repeals all acts inconsistent with it. This was the act of the L:>gislature of Florida passed for the construction of this same line of railroad, approved June 24, 1869, while the act under which this reservation was pretended to have been made was passed January 5, 1856; but 

in 1869 the Legislature of Florida chartered this new company for the 

construction of the same lines of rn.ilroad, took away the landsJ and gave 

money and bonds and limited them to three years. 

Section 25 provides that any company which may acquire the right 

to build a railroad from Waldo to Tampa, shall have the right to build 

such line. The act of 1856 provides that one company, namely, the 

Florida Peninsula Railroad Company, shall have the right under that 

act, while the act of 1869 gives it to anybody that will build the road, 

but gives no lands; and the twenty-first section of this act provides for 

giving them bonds, 'Uld a.uthorizes the issue of bonds indorsed by the 

St.ate, instead of land, to construct the road, and this corporation died 

with the war, ne.-er having built the road or any part of it. 

Section 4 gives them the exclusive right for twenty years, and con· 

solidates the lines authorized and built under the internal-improvement act with them, and gives them State bonds, instead of lands, to 

the amount of $14,000 to the mile, and requires the whole road to be 

completed in three yeaTs from thattime. Section 25provides that any 

company which may acquire the right may build the road from Amelia 

Island to Tampa or Waldo to Tampa and receive bonds, guarantied 

by the State of Florida, for$14,000 per mile. The thirty-first section 

of the act provides for railroads from Tampa Bay and Charlotte Harbor, on the Gulf, by Ocala to Gainesville, and from Marianna to St. 

Andrew's Bay and Apalachicola Bay and Choctawhatchee Bay, and 

from Palatka and Mellonville to the nearest railroad to Gainesville, 

and gives all the rights and franchises of the act to each and all of these 

railroads, namely, State bonds for $14,000 per mile. • 

It will be seen that this act and the amended act of 1870, instead of 

lands and guarantied interest bonds, gave these roads $16,000 per mile 

of State bonds in solido, not internal-improvement interest guarantied 

bonds, and gives to other and new companies not authorized or built under 

the internal-improvement act the exclusive right to build these lines of 

road. This act provides that the whole line within this State shall be 

completed within five years from the passage of this act; ''otherwise all 

charter~ rights created in this act shall be forfeited to the State.'' The 

line was not completed in five years and never was completed. By the act of the Legislature approved July 18, 1870, entitled "An act to incorporate the Jacksonville and St. .Augustine Railroad Company" and 

to perfect one of the public roads of tbe State- in section 10 of the act, 

there is hereby granted to saidrailroadcompany all the lands belonging to the State of Florida. known as the swamp and over.flowed lands 

within 6 . miles. ~I!- each side to be selected by said company, and 100,-

000 acresm addition. Deeds 1o be made fol' any 5 miles of completed 

road; also $500,000 of bonds by the State. 

By section 12 of the act approved February 19, ,1870, entitled "An 

act to incorporate the G1·eat Southern Railway Company, to build road 

from King's Ferry to Jacksonville," via Palatk:a. to the most south- ern available harbor on the coast or keys of Florida, with branch roads 

to the remote parts of this State, it was granted as many acres of the 

swamp and overflowed lands granted by the act of 1850 as the United 

States should thereafter grant to the said milro:1d comp::my. 

The PRESIDENT pro tempore. The hour of 2 having arrived, the 

Senate resumes the consideration of the unfinished business. 

Mr. HEAG.AN. I ask unanimous consent that the Senator from 

Florida be allowed to conclude his remarks on the pending resolution. 

The PRESIDENT pro tempore. The Senator from Texas asks unanimous consent that the Senator from Florida be allowed to proceed. 

Mr. BLAIR. How long? 

Mr. CALL. Not very .long. 

The PRESIDENT pro tempo1·e. The unfinished business will be informally laid aside, unless objection be made. 

Mr. RIDDLEBERG ER. I should like to inquire how far this agreement extends. 

llir. CALL. Only a few minutes. 

1\fr. RIDDLEBERGER. But all the time this keeps outthatwhich 

somebody does not agree to. I am entirely willing that the Senator 

from Floricla shall continue, but I am no party to any agreemeht between the Senator from Texas and the Senator from New Ha~pshire, 

to whom I am ready to ,s:Ly that if he will let his bill pass it will pass. 

The PRESIDENT pro tempore. The Senator from Florida is entitled 

to the floor, ihe unfinished business being informally laid aside to en:1ble 

him to pror.eed with his remarks cu the resolution presented by him. 

J',ir. CALL. By act of February 12, 1870, entitled' '.An act to incorporate the Suwanee and Inland Railroad Company, ' 1 6 miles on both sides 

of the road of the State lands under the act of1850 were granted. Section 

1 of act of Legislature approved July 7, 1870, entitled "An act setting 

forth certain restrictions on the Florida. Railroad Company," provides 

''that the Florida Railroad Company is required to commence operations on the construction of the road running south and to the -Gulf 

within twelve months next succeeding, and build to Ocala in two years, 

and that in ~ase of failure all exclusive right of way shall cease." 

The line was not completed nor was any part of it completed in five 

years. 

By act approved February 19, 1874, entitled ''An act to provide a 

general law for the incorporation of railroads und canals,'' any persons 

not less than three are authorized to build a railroad anywhere in the 

St.ate, and to take 200 feet wide over all State or swamp and overflowed lands. (See section 24.) By section 26 tLe trustees are authorized to grant to any railroad or canal any lands belonging to the State. 

I believe the Florida Navigation and Railway Company exists as a 

chartered road only under this act, which repeals the internal-improvement act and itS twenty-first section, under which they claim the grant 

of :May 17, 1856. 

By act approved February 19, 18741 entitled "An act "to incorporate 

a company to construct a railroad from Gainesville to some point on the 

waters of the Gulf of Mexico, or some navigable tribut..1.ry thereof, with 

power to construct a railroad to Key West,'' power was given to build a 

railroad from Gainesville to the Gulf and to Key West. (See section 2.) 

Section 2 gives half of all land reclaimed through w bich the road passes. 

Act approved March 12, 1879, entitled "An act to amend section 26 of 

au act to provide a general law for the incorporation of railroads and 

canals, approved February 19, 1874, and to grant aid to railroads and 

canals," approved February 19,1874. Upon completion of each section of 6 miles, it shall be the duty of the board of trustees to convey 

the alternate sections of the swamp and overflowed lands for 6 miles 

on either side of the road. Act approved March 1, 1879, entitled "An 

act to grant certain lands to the Gainesville, Ocala and Charlotte Harbor Railroad Company, section 1, grants the alternate sections granted 

under act of Congress of 1850 on each side and in 6 miles of a line 

of railroad from Lake City, Gainesville, Ocala, Leesburgh, Brooksville 

to Tampa Bay, with bra!: ch to Bartow and Charlotte Harbor, ·and to 

Palatka in Putnam County. ActapprovedMarch4, 1879, entitled" An act to grantcertainln.nds to 

theTampa, PeaceCreekandSt. John'sRiverRailroadCompany," grants 

the alternate sections of swamp and overflowed land for 6 miles on 

either side, and authorizes road throngh :Marion and Putnam Counties. 

Act approved February 20, 1879, entitled "An act to incorporate St. 

John's and Lake Eustis Railroad Company," grants by the second section, alternate sections of swamp and overflowed land from .St. John's 

RivertoLake Eustis. Act approved March 12,1879, entitled "An act 

to grant certain lands to the Silver Spring, Ocala and Gulf Railroad Company," grants alternate sections of swamp and overflowed land on either 

side, and in 6 miles of the road from Silver Springs through Marion, Hernando, and Levy Counties to the Gulf. .Aet approved March 4, 1879, 

entitled "An act to incorporate Ja-cksonville, St . .Augustine and Indian 

River Railroad Company," grants alternate sections from Jacksonville 

to Indian River. 
·• 

1888. CONGRESSIONAL RECORD-SENATE. 867 

Act approved 1\farch 4, 1879, grants Chattahoochee and Pensa<:ola. 

Railroad Company alternate sections from Chattahoochee to Pensacola. 

Act approved .March 4, 1881, grants alternate sections to East Florida 

Railroad from Jacksonville to Calico Hill, Duval and Clay Counties. 

Act approved February 2, 1881, grants alternate secticms to railroads 

from Lake Eustis to Leesburgh, Sumter County, Panasoffkee, Fort 

Dade, Hernando County, to Tampa Bay, with branch road to Fort 

Mason and Apopka to Orlando, Orange County. Act approved July 

28, 1881, grants alternate sectionS from Green Cove Springs to Melrose 

for railroad. · 

Act approved March 4, 1881, grants alternate sections to Palatka and 

Indian River Railroad. 

Act of 1881 grants· alternate sections to the Orange Ridge, De Land 

and Atlantic Railroad Company. .Act approved July 25, 1881, grants 

same to St. John's River Railroad Company from Jacksonville to Tampa, 

Peace Creek, through Ma:r:ion, Sumter, Hernando and Putnam, Clay, 

Duval, and Marion Counties. 

Act approved July 20, 1881, grants alternate sections to Live Oak 

and Rowland Bluff Railroad Company. Act approved March 4, 1881, 

gmnts to Pensacola and Atlantic Railroad Company alternate sections 

for 20 miles on either side of road. Section 17 grants 20,000 acres to 

the mile from Chattahoochee to Pensacola. Act approved March 8, 

1884, grants to Tropical Peninsular Railroad Company, not the Florida 

Railroad Company, alternate sections from Ocala to Tampa and Orlando, 

and 10,000 acres to the mile. 

It is under this act, not the Florida Railroad Company's charter, t.hat . 

the governor certifies the road to Tampa claimed by the Florida Navigation and Rail way Company, who claim the grant, is now being built. 

This grant is limited to se>en years from its passage. Act of 1881 

grants to Florida JHjdland and Georgia Railroad Company, from Deadman's Bay to Valdosta, Ga., all the alternate sections. Act of February 17, 1881, grants alternate sections to Carrabelle and 'l'homasville 

Railroad Company. 

Act to incorporate Blue Springs, Orange City and Atlantic Railroad 

Company. Act approved March 6, 1883, requires Tropical Railroad to 

be completed in four years from March, 1881. Act of 1\Iarch, 18 3, 

grants South Florida Railroad Company alternate sections from Sanford 

to Tampa via Bartow. 

Act of July 27, 1883, grants to the International Railroad Company 

15,000 acres to the mile; authorizes railroa-ds from Georgia line all 

through South Florida. · 

These acts passed since the sale of all the roads by the trustees in 

1866 and 1869 as completed roads, and since the passage of the act of 

1869 granting the State's bonds to new railroad companies for the same 

lines, and repealing all acts repugnant to and inconsistent with them, 

by a continuous course of legislation have disposed of all of the lands 

conveyed in trust by the internal-improvement act of 1855 to the railroad companies for the construction of other lines of road all over the 

State and in every direction. 

It goes on through the State with a new and different system altogether, and it gives to the roads, under the act of 1869-'71, mentioned 

in it, $16,000 per mile of State bonds in soli-do, while the act of 1855 

gave the two lines from Jacksonville to Pensacola and Jacksonville to 

Tampa internal-improvement interest-guarantied bonds to the extent 

of SlO,OOO per mile. It also gives to other new companies not authorized to build under the internal-improvement act, the exclusive right 

to build this line of road, and provides that the whole line in this State 

shall be completed within five years from the passage of the act of 

1869, and yet to-day there is no road to Tampa. 

I have all these laws here. There are perhaps twenty acts of the 

State of Florida repealing the act of 1855-the record is full of themdisposing of all the lands which by that act were gathered into a single trust for the benefit of particular designated lines of road. And 

yet, 1\fr. President, with this condition of the law of the State of 

Florida1 the poor people of the State are turned out oftheirhomesand 

their land given away bysuch devices as I have described, and for nine 

years I have been appealing to the Senate of the United States and to 

the Presidents and the Secretaries with the assertion that it is but the 

work of an hour to look through these statutes and find the law, if 

there is such a law, that by any reference or allusion gives to this company or their predecessors, or any other railroad company, any righ~ 

title! or interest in the lands of the grant of 1\Iay 17, 1856, and if it can not be found to say so, and set aside this unlawful reservation. 

Outside of this resolution it is perhaps proper to mention another 

act of the State as to a part of this alleged line of roads cla.iming under 

the grant of May 17, 1856. I want my colleague to read a telegra.m 

which he has, because I think he ought to do so as an act of courtesy to 

the person sending it. There is a road called the Pensacola and Atlantic Railroad, chartered in 1881. This grant expired in 1866, under 

the act of Congress of 1\fay 17, 1856. A reservation was made by the 

Interior Department in 1856, without any designation of line or beneficbry by the State, without any legislative action, in 1856, on the personal request of Senator Yulee. Here is the message of the governorhere is the vote of the Legislature declaring in 1858 that no company 

hnd been designated, and no legislative disposition made, and no certificate issued by the Interior Department under the law. The goveJnor of the State denied that there had ever been any_}egislative disposal of the grant, or that any railroad company was entitled by virtue 

of a legislative disposal of that grant to any intetest in it; but there 

was a company projected, and it was assumed at the Interior Department here that this company wo11_ld by subsequent legislation acquire 

a right to this grant. , That subsequent legislative action, however, has never been had to 

this day; but under that assumption, as the Interior Department itself 

declared, not positively, not conclusively, but upon that assumption 

that there would be a legislative disposition, a reservation was made in 

West Florida in 1851l of the alternate sections on either side of the 

line which it was supposed would be authorized and would be built; a 

reservation of 6 miles on either side of that proposed road, which was 

never authorized, never built; and the company which was projected to 

build it became defunct and disappeared without the construction of 

any road. And yet that reservation remains of those 6 miles, of those 

particular sections upon that unbuilt line of road, while a newly-chartered company, organized in 1881, ntmn a different line, stands here 

claiming the sections upon the old unbuiU, unauthorized line of road. 

The State of Florida in chartering this new company, which bas built 

a very good road, said that whatever rights they had in this grant made 

by Congress in 1856, should go to this new company in West Florida; 

that this new railroad company should have whatever rights, if any 7 

they had remaining in the State. A school-hoy ten years old could 

iell if there were any rights. If the right of the State had ever attached to any land and it remained unforfeited and was in full force 

and effect, notwithstanding the provisions of the a-ct of Congress of 1855, 

then it was 6 miles that could then be selected and thenreservedalong 

the line of the road which should be actually built. 

But instead of doing that they have taken the old reservation upon 

the old defunet corporation's line, and have been turning out these 

poor people from their homes there, and for years I have been exposing 

this iniquity on this floor; but I have been doing it to deaf eaf"land unwilling minds, and now we ha-ve a bill turning us over tlf the tender 

mercies of judges who have defied Congress for the purpose of giving • 

the homes of these people, without e-.en the pretense of right, evidence, 

or law, to the corporations which lay fulse claim to them, and to their 

agent as a fee for obtaining a fraudulent reservation. 

My colleague has a telegram which I want him to read, in which it 

is said that this corporation claims only the lands: which have been certified. There ue-ver was an acre certified; the records show it. If such 

a certificate was made it would have been a fraud on the Department; 

but it has not been made. There wasnoreserva.tionmade under the authority of the State; the governor so declares and so notifies the Interior 

Department in 1858. This telegrrun states, and I want it read, that they 

have discovered, now since this agitation has been made, since this decree has been rendered to sell out these people notwithstanding this record, that there are 300,000 acres that do belong to the people, and they 

say they do not claim that. · 

I want these facts to be shown. These facts show a disgraceful state 

of affairs, and it is a disgraceful administration of that department which 

per-!fiits, without fair and honest interve11tion by the GoYernment of the 

United States, people to be deprived of their homes under false-and pretended legislation, which allows this large part of the public domain to 

be the c~a.ture of fraud, and of such stupid fraud as is to 00 found in 

this case; and it beheoves the Committee on the Judiciary here to see 

that a condition of law shall not continue which will permit such decrees to be made as I have here described. 

The duty of Congress on this subject is plain and can not be avoided 

with any regard for honor and duty. The record and the facts speak 

for themselves. The interests of the people and of corporations unite 

in demanding that the administration of the law shall be pure and 

right, and justice done to all persons, without sale or deniaL 

.Mr. )? ASCO. As my colleague has stated, I have received a telegram 

from Colonel Chipley, of Pensacola, which I will send to the desk to be 

read, so that it may go into theRECORD in connection with my colleague's remarks. 

The PREBIDENT pro iffmpm·e. The Senator from Florida desires a telegram to be read.. It will be read if there be no objection. 

The Chief Clerk read as follows: · 

Hon. S. PASCO, 

PENSACOLA., FLA.., _January 29,1888. 

United States Senate, WaS'hington, D. C.: 

I learn our land grant will be debated 1\Ionday. Let me urge upon you that the Pensacola and Atlantic Railroad claim no lands except those embraced within lists certified to and approved to State of Florida and granted by State of Florida to the Pensacola and Atlantic Railroad Company and approved by State to company upon its road now completed and in use, the land being cotermi- nous with completed road; and there are nearly 300,000 acres coterminous with the Pensacola and Atlantic road, in excess of the selections made by the road, ' and this excess should be restored to the public domain, as the company only claims the selections approved to it by the state of Florida npon its completed line. W. D. CHIPLEY, 

Vice-President Pensacola and Atlantic Railroad. 

HOUSE BILLS REFERRED. 

The following bills from the House of Representatives were severally 

read twice by their titles, and referred ro the Committee on Public 

Buildings and Grounds: 

A bill (H. R. 1483) for the erection of a I>Ublic building at Monroe, 

La.; 
•· 86~ CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

A bill (H. R. 1611) for the erection of a public building at Spring-

:field, 1t'Io.; 

A bill (H. R. 1697) for the erection of a public building in the city of 

Asheville, N. C.; and 

A bill (H. R. 4359) for the purchase of a site, including the building 

thereon, also for the erection of the necessary store-houses, forth~ use of 

the office of the Cbief Signal Officer of the Army, at the city of Washington, D. C. 

The bill (H. R. 1640) changing the name of the port of Lamberton, 

in the district of Burlington, N. J., to the port of Trenton, in said ·district, was read twice by its title, and referred to the Committee on Commerce. 

The bill (H. R. 1481) making an appropriation to construct a road 

and approaches from Pineville, La., to the national ruilitary cemetery near that town, was read twice by its title, and referred to the Committee on Military Affairs. 

The bill (H. R. 1528) to reward the Esquimaux. natives of the Asiatic 

coast of the Arctic Ocean for acts of humanity to shipwrecked seamen 

was read twice by its title, and referred to the Committee on Com- merce. 

The bill (H. R. 1860) to amend section 683 of the Revised Statutes was read twice by its title, and referred to the Committee on Printing. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. 0. L. 

PRUDEN, one of his secretaries, announced that the President bad on the 31st ultimo approved and signed the act {S. 290) to authorize the 

construction of a railroad, wagon, and foot- passenger bridge across the 

Mississippi River at or near Burlington, Iowa. 

ORDER OF BUSINESS. 

The PRESIDENT pro tempore. The Senate resumes the consideration of the unfinished business. 

Mr. RIDDLEBERGER. I ask now that the Senate take up for con- • sideration, the morning hour having expired, the resolution which I 

offered yesterday to change Rule XXXVII. It may interfere in some measure with the educational bill, but if that educational bill were 

allowed to pass and we could get away from that barricade which is on the desk of the Senator having it in charge, it seems to me there would 

be time to consider some matters of treaty between this con ntry and 

Great Britain. 

I now ask the Senator from New Hampshire if he will not allow a friend of the bill to call up this resolution for consideration in open ses- sion, for that is what it amounts to-to change Rule XXXVII and let 

the Senate pass upon it, for we shall hear nothing more, if we take up 

the educational bill, than that which shall come from the !SChool-masters. 

I am as much opposed to letting the school-masters of the country govern as I am to letting British commissioners instruct us about treaties. 

I ask the Senate, now that I have deferred to.otherSenators, thatwe 

shall take up the resolution to change Rule XXXVII, for, Mr. President, that is a matter which is pressing upon us. Every one in the Senate knows that when the hour of 5 shall strike some Senator will say 

"I move to go into executive session," and that itself resolves all that 

I have in my motion. 

The PRESIDENT pro tempore. The Senator from Virginia asks 

unanimous consentMr. RIDDLEBERGER. No, sir; I do not. I think it is within the 

rule that I shall move that the Senate proceed to the consideration of 

the resolution. 

The PRESIDENT pro tempore. The Chair can not entertain the mo- tion at this stage of business. 

Mr. RIDDLEBERGER. I appeal from the decision Qf the Chair. 

With all dnerespectto you, Mr. President, I do so. I think my motion 

is in order. I appeal from the decision of the Chair with all due respect 

that any Senator can show to the Chair. 

The PRESIDENT pro tempore. The unfinished business being before 

the Senate, the Senator from Virginia having moved to proceed to the. consideration of a resolution previously offered by him, the Chair calls 

upon the Secretary to read the twenty-second rule of the Senate. 

Ur. HOAR. I would like to inquire of the Chair whether I understood that the educational bill was up and the Senator from Alabama 

[Mr. PUGH] was entitled to the floor, that then the Senator from Virginia was recognized to make a request of the Senator in charge of the 

bill. I do not understand that he could make any motion. 

The PRESIDENT pro tempore. The Senate at 2 o'clock, under the 

1·nles, resumed the consideration of the unfinished business, being the 

bill (S. 371) to aid in the establishment and temporary support of common schools, upon w hicb the pending question is the amendment offered 

by the Senator from Kansas [Mr. PLUMB]. The Chair had not recognized the Senator from Alabama [Mr. PUGH] as entitled to the floor on the pending bill. 

Mr. BLAIR. The Senator from Alabama was recognized last even- ing, and took the floor prior to the adjournment. 

The PRESIDENT pro tempore. The Chair was not advised of that, 

having been absent at the time of the adjournment of the Senate yesterday. The Senator from Virginia arose and made the motion, as the 

Chair underst1mds, that the Senate now proceed to the consideration 

of a resolution offered by him on a former day. The Chair holds that 

the unfinished business being before the Senate, and the Senator from 

Alabama being entitled to the floor, the motion of the Senator from 

Virginia can not be entertained by the Chair, and is not in order. 

From that decision of the Chah· the Senator from Virginia appeals to 

the Senate. 

Mr. RIDDLEBERGER rose. The PRESIDENT pro tem]JO're. It must be decided without debate. 

Mr. RIDDLEBERGER. Allow me to state, sir--

The PRESIDENT p1·o tempore. The question is not debatable. 

Mr. RIDDLEBERGER. Allow me to put myself right on the facts. 

There was no purpose on my part to prevent the Senator from Alabama 

from speaking to-day. That was not my appeal. I put one proposition and the Chair puts another. I have appealed from the decision 

of the Chair on a ruling that it made before it mentioned the name of 

the Senator from Alabama. 

The PRESIDENT pro tempore. A misunderstanding of the Chair 

would not affect the parliamentary right of tbe Senator from Alabama. 

He was recognized and took the floor at the adjournment last evening, 

and he was entitled to the floor when the consideration of the bill was resumed this morning, and he is now entitled to proceed upon the 

pending bill. The Senator from Virginia appeals, so the Chair undersi.o'l.nds, from his decision. 

Mr. RIDDLEBERGER. Yes, sir; and it is debatable. 

The PRESIDENT pro tempore. It is not debatable. · Mr. RIDDLEBERGER. Then I appeal from the decision of the 

Chair as to whether it is debatable, and ask the Chair to furnish me a rule prohibiting debate when I have got a proposition pending here 

that interests the people of the United States more than that which we have heard debated for four or five years. Give me the rule. 

The PRESIDENT pro tempore. Shall the decision of the Chair stand as the judgment of the Senate? 

1\Ir. RIDDLEBERGER. That it is not debatable. 

The PRESIDENT pro tempore. Not debatable. '!'he question is, 

Shall the decision of the Chair stand as the judgment of the Senate? 

[Putting the question. J The ayes have it. The decision of the Chair 

stands as the judgment of the Senate, and the Senator from Alabama 

is entitled to the floor on the pending bill. 

AID TO COMMON SCHOOLS. 

The Senate, as in Committee of the Whole, resumed the consideration of the bill (S. 371) to aid in the establishment and temporary support of common schools, the pending question being on the amendment 

proposed by Mr. PLUMB. 

1\Ir. PUGH. Mr. President, I have listened patiently in the Senate 

and read in the RECORD the elaborate and able speeches of the Senators 

who oppose the bill reported by the committee of which I am a member 

''to aid in the support of common schools." With some difference in 

the language used and the rhetoric employed by the different Senators, 

the several speeches made against the bill in the present debate, and in 

the exhaustive debates on the bill when it passed the Senate by a vote 

of 36 in the affirmative an·du in the negative, are the same in substance. 

In fact and in effect it amounts to a periodical reproduction and reprint 

of the same speeches on the same bill supported by the same authorities. 

And I find on examination that in the protracted debate in the House 

in February, 1817, on the bill to aid in works of ''internal improvement" in the States, and also the equally exhaustive debate in both 

Houses of Congress in May, 1854, on the ''bill making a grant of land to 

the several States of the Union for the benefit of the indigent insane 

persons," and also the celebrated discussion in the Senate and House 

in February, 1859, of the bill to aid the States in the establishment and 

endowment of agricultural and mechanical colleges, the same arguments, presented in the most irresistible logic and rhetoric, agitated the 

public mind and engaged public opinion for months and years that we now hear in the apostolic utterances and prophetic warnings of the enemies of the "Blair bill " against its constitutionality an.d the dire con- sequences of its becoming a law of the land. Mr. President, the :first 

speech I made in this Senate after taking my seat over seven years 

since, was in support of a bill to aid the States in securing the benefits 

of a common-school' education to the childxen, white or black, in their 

population. What did that bill propose should be done by this Federal 

Government? It ought to make the enemies of the ''Blair bill'' shudder when they hear that in December, 1880, on the motion of an able 

Democratic Senator from Tennessee, Mr. Bailey, the Senate agreed, without counting negative votesThat the net proceeds of the sales of public lands and the receipts from pat- ents shall be set apart as an educational fund, and ·entered upon the books of 

the Treasury to the credit of the fund, and bearing interest at the rate of 4 per cent. per annum, the interest on such educational fund only to be paid to the 

Stales as herein provided. · 

w -hat else appears from the Co~GRES ION.AL RECORD was done by 

the Senate in December, 1880? The Senator from Colorado [Mr. TELLER] proposed to amend the amendment of the Senat<lr from Tennessee, 

Mr. Bailey by providing that the entire proceeds of the sale of the 

public lands and the receipts from patents should be paid to the States 

to support their common schools, which would have b3en lru:gely more 
1888. CONGRESSIONAL RECORD=-SENATE. 869 

than this Blair bill appropriates. This amendment passed in Committee of the Whole Senate by the following affirmative vote: 

Beck, Farley, Kirkwood, 

Booth, Groome, :McDonald, 

Brown, Hereford, lYiorgan, 

Call, Ingalls, Plumb, 

Cockrell, Johnston, Pugh, 

Coke, Jonas, Ransom, 

Davis of 'Vest Va., Jones of Florida, Saulsbury, Eaton, Kern?..n, Saunders, 

Slater, 

Teller, 

Vance, 

Vest., Voorhees, 

Williams, 

Withers. 

I ask the Senate what was the· object to which this appropriation of 

·an the money arising from th~ sale of the public lands and all the 

money received into the Treasury from patents was attempted to be 

made by those Senators who voted for the Teller amendment? U~­

questionably the public object to be promoted,· aided. by the .appropnation was common-school education. How, then, can It be claimed that 

. com~on·school education is totally excluded by the Constitution from 

Congressional consideration as an object of Federal concern? It will 

not do to seek an escape from an answer to this question by telling 

what was then sought to be thus appropriated. It makes no difference 

what was the subject-matter to be appropriated. . The question is, what public object then attracted the attention of 

Congress? What was the appropriation expressly made to aid, encour- age, and promote? Certainly it was common-school education. The 

object of that appropriation of money in the Treasury, collected from 

the sale of public lands and the receipts from patents, and in t.be cus- tody of Treasury officials as public revenue, as much as the money ?ollected from tariff duties on imports, being common-school education, 

tell me in what particular the object of that appropriation differs· from 

the object of the appropriation in the bill before the Senate ? :M:anifestly, common-school education is a public object to which the power 

ofCongress to make appropriations of the public money ~r p~operty 

arising from public-land sales and patent fees may be constitutiOnally 

directed. 

The Teller amendment was reported from the Committee of the 

Whole to the Senate, and there failed on a tie vote. So that the bill 

made the appropriation as provided in the Bailey or committee amendment. On the object of the appropriation, namely, the support of common-school education in the States, what was then said by Senators? 

Mr. VEST. l\1r. President, I desire to submit a very few remarks upon the 

bill, and not in any spirit of bo.stile criticism, because wit~ the general intt:nt 

and spirit of the bill I am fully ~n accord. There are certam features C?f t~e bill, 

however, to which I can not gtve my consent. Fo17 the general prmc1ple of 

free education I have always contended. In a public address to the people of my State before my election to the Senate, I did in the most emphatic and in the 

broadest terms declare that universal suffrage must be supplemented by universal education. I belie'\"e to-day that universal education is the only instrumentality that can exorcise the evils that attend upon free suffrage. • Mr. MAxEY. Mr. President, as a member of the Committee on EducatioiP 

and Labor I .concurred with the committee in reporting this bill. * * * * 

Whether we will or not, the colored people are to-day citizens. If it be ~rue, and 

it is true, that the perpetuity of free government .depends upon the VIrtue and 

intellio-ence of the people, then common sense Will tell any man that the more enlightened, the more virtuous you make those who enter into the body-politic 

the more certain you are of the perpetuity of free institutions. These colored 

people have become, by the Constitution and laws of our country, a. part and 

parcel of the body-politic. They a.re mainly in the portion of the country where I live. It is the interest of the Southern people that this colored population 

should be educated. They are among us; they are entitled to vote; they are entitled to bold office; they are entitled to sit upon juries; they are entitled to be appointed executors, administrators, trustees, and guardians, and hence it is 

of the utmost importance that these people should become educated. In the 

State in which I live and in all the Southern States by the terms of the State 

constitutions they are entitled to the same common-school educat.ion that the 

white child is entitled to. The burden of edu'!ating those children falls upon the whites. We were impoverished by the war, and the little property left was owned by the white people, who bad their own children to educate. 

The colored people were made citizens by the act of this Federal Government, 

nnd it is a matter of common justice; it is a matter of common honesty and fair 

dealing, in my judgment, for the Federal Government to aid in their education, to aid the States which are now educating them. . So far as the question of constitutionality is concerned, I had not supposed, at this late day, that that question could be raised. The statutes of our country 

bristle all over with legislative precedents, running even back into the last cen- tury, running back to the annexation of Louisiana. The power of Congress is 

firmly established by precedents not to be now questioned. If it be true that out of the common-treasure the vacant public domain belonging to-the United 

States could be given to a particular State or Territory because it happened to lie within their limits, I ask if that principle does not authorize Congress to take the proceeds of this vacant public land and distribute them among all the 

States of the Union for which we are the trustees. Sir, the constitutional argu- ment falls-falls upon principle as well as upon precedent.. 

I have read the entire debate upon what is known as the Morrill bill, 

and there is not a single word in it of condemnation of the appropriation or the object to which it was required to be applied. Not a word was said about the Southern States being independent of Federal aid or not needing or not desiring Federal aid to their common schools. N othing was heard about the ruinous effects of such aid in destroying the 

self-reliance of the people in procuring the means of educating their 

children without help from the Federal Government. There were no 

rawheads and bloody-bones scattered along the track of the enduring 

Federal aid established by that bill as a perpetual system of encouragelnent and support to common schools in th-e States. 

The horse harnessed in the Morrill bill was gentle, true, harmless, 

and faithful; butwhen the same horse is harnessed to pull through the 

Blair bill he instantly becomes a most dangerous animal with the most 

vicious qualities, really a Trojan horse filled with arms and devils and 

Yankee ''school-marms" to be turned loose. to destroy the Southern 

States. 

\Vhile there was no opposition to the fund appropriated as a permanent fund, or to its being applied to common-school education ~ the 

States there were some objections urged by Senators to the machmery 

of the 1Morrill bill-that is the sections relating to the terms and con- ditions of the appropriation and the manner of it& application and ex- penditure by the States, and the reports required to be made to the 

Federal Government by the States. . . . My friend, the Senator from JI.Iissoun [Mr. VEST], a typical stnct 

constructionist who is never troubled with any doubts about the accuracy Of his opinions an.d conclusions, was the first to assail the terms 

and conditions of the appropriation to be accepled and performed by 

the Stat€s: 

Mr. VEST. Mr. President, there is one fe11.ture of the bill to which I object. I do not believe that the education of the people should be taken away from the 

States. I do not believe under the Constitution that the Gener~l Government 

should directly or indirectly take charge of the syst.em of educatmg the people. I &m. no hypocritical stickler for State rigl~ts; ~n. the other ~and, I believe 

that there bas been too much fine-spun ha1r-sphttmg theory m that regard; 

but there is a line of demarkation between the powers of the National Go'\"eri?-- ment and of the State governments. I d'! not charge that the fntmer~ o~ this 

bill intended to put this system of educat10~ under the co!ltrol of ~he .atwnal 

Government, yet there are features of tht: btll that look m that diyectiOn a:nd 

which I can not support. I call the attentiOn of the Senate to the sixth sectiOn 

of the bill: ''On or before the lstday of September. in each ye3:r, the Commi!'isionerofEduaation under direction of the Secretary of the InteriOr, shall certify to the Secretary c;;f the Tre11.sury, as to each State,_ Territory, and Di.strict, whether it is en- iitlcd to receive its share of the apportJOnnJentunder th1s act, and t-he amount of such share, which shall thereupon be entitled to receive the sallie. _ If the 

Commissioner shall withhold a certificate from either, its share of such appor- tionment shall be kept separate in the Tt·easm·y until the close of the next ses- sion of Congress, in order that it may, if it see fit, appeal to Co~gress from.the 

determination of the Commissioner. If Congress shall not, at Its next sessiOn, 

direct such share to be paid, it shall be added to the general ed.ucational fund." In section 7 provision is made that whenever a State or Terntory- ·• Shall file with the Secretary of t-he Treasury a certified copy of the law of 

such State or Territory accepting the provi<>ions of this act, and undertaking 

that the funds provided by t~;te same, whenever ~aid over. to it. as above pro- Yided shall be faithfully applied to the freeeducationofallits children between 

the ao!es of six and sixteen years, and to the endowment and support of such 

colleges as have been, or may be hereafter, established in a~cordanc~ wi~b the 

aforesaid act of Congress approved July 2, 1862, and as provided form t~us act. The distributive share of the District of Columbia shall, from time to time, be 

paid over to the commission of said District cre..'l.ted by act of Congress approved June 20, 1.874, entitled," etc. . . · . · . The different States are requued, m the first place, by an act of tlJ,eir Legislatures, to declare that they accept the provisions of this act, and ~hat they~ill 

faithfully apply the proceeds of the sales of these lands. to public educatw_n. But that is not enough for the gentleman wh? fmmed this bill. Th": Cm;nm.lssioner of Education may, if be sees proper, ~!thhold from any State 1ts distrli?-' 

utive share of this fund. I am opposed to givmg any such power to a subordi- nate officer of this Government. Mr. MoRRILL. Suppose the State were to misapply the fund? Mr. VEST. Under my idea. of the theory of this Government, the Congress 

of the United St-ates would be the proper tribunal to interfere with a sovereign 

State in any such contingency. M.r. BAII.EY. Allow me to call attention to the fact that the State is allowed an appeal to Congress fl'Om the decision of the Commissioner. 

l\lr. VEsT, To say that a State is not to be trusted with its o~ chil?ren, and 

that a subordinate officer of the United States shall have the nght, 1f he sees proper to withhold for a day or for an hour the distributive share of that State to a gr~at bounty, is a propos~ti-o? to which I shall ne.ver. ac.cede .. But tba~ is not all of it, sir; the most obJeetwnable feature of this btU IS sectiOn 9, which 

provides- . . . . ' "That to entitle any State, Terr1tory, or the D1Str1ct of Columbia to the. benefits of. this act it shn.Il maintain for a.t least three months in each year unt1l Jan- uary 1, 1885, a'nd thereafter fom: ~ont.hs. in each year, a system. of free .Public ·schools for all the children withm Its limits between the ages of s1x and s1xteen, 

and shall, through the proper o~cer thereof, for the year ending the 31Jtl;t d.ay of June last preceding such apport1.onment, make full report to the CommiSSioner 

of Education of the number oC public free schools, the number of teachers em- ployed, the number of school-houses owned a~d the number of school·h.ouses 

hired, the total number of children taught durmg the ~ea.r, the actual da1ly ~ttendance and the actual number of months of the year schools have been maintained in' each of the several school districts or divisions of said State, Territory or District and the amounts appropriat-ed by the Legislature, or otherwise 

received for the'purpose of maintaining a system of free public schools. A.nd if any State or Territory shall misapply, or allow to be misaJ?plied, ~n· in any man- ner appropriated or used other than for the purposes herem requ1red, the funds, or any part thereof, rccei ved under the pro-.isions of this aet-, or sha!l fail to ~omply with the conditions herein. pre~c!ihed, or to report, as herem .PrOvided, 

through its proper officers, the diSpositiOn thereof, such State or Ternt?ry shall 

forfeit its right t.o any suusequent apportionment by virtue hereof, until the full a.mountso misapplied, lost, or misappropriated shall have been replaced by such 

State or Territory, and applied as herein required, and until such report shall 

have been made." Mr VEST. I should like to ask the friends of this bill why it is that the Na- tiona."I Government, through its Commissioner of Education, is to inquire into 

the appropriations made by a sover:eign State. What ha!? the Gene_ral Govern- ment to do with the acts of the Legislatures of therespect1ve States m regard to appropriations for a system of education? * * * Suppose th.e Commissio!ler 

should t.ake it into his judgment that a State had violated th1s act by haVIng 

separate schools for the two races in this country. Suppose that, as in my State 

separate schools are established for the white and the black races. The Com- missioner finds that that method of separate schools has been adopted by a State 

and says to that State, "In my judgment you are not applying this fund according to the spirit and intent of the ad ?f Congr~ss, a~d I. shal~ therefore not pay you your distributive share." Where JS the limit to h1s dtscretwn? Let Congress 

exercise the power of taking away this bounty if it sees proper to do so, but not a subordinate officer. 

How were the objections of the Senator from Missouri to the machinery, the terms, and conditions of the Morrill bill answered, and by 

what Senators? . Senator Hill, of Georgia, answered the Senator from Missouri as follows: 

In relation to the point made by the Senatorft:om Missouri [Mr. VEST] I dilfer 
870 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

in toto ca>lo from that honorable Senator on all the points be has raised. It seems to me that so far from this bill being subject to the criticism which he has visited upon it, exactly the contrary is true. 'l'he General Government does not. interfere in theslightestdegreewith the right of the States t{) controleduca· tion in their respective limits. It not only does not interfere with that right of the State, bnt it does seem to me it recognizes that right and appropriates this general fund simply as an aid to the States in this wo1·k. which is to be carried on by the States. It does not interfere in the slightest degree with the regu]a,.- tions that shall be established by the States upon this subject. But upon the point of which he speaks, that the Government reserves the right to inquire whether this fund has or has not been misapplied, I ask is not that a right that belongs to all donors, all persons who create a trust fund for any purpose? The General Government owns this money-the proceeds of the public lands aud the fees of the Patent O.ffice. It belongs to the General Gov- ernment. The General Government proposes to distribute this money to the States. Has not the Government that distributes the money a right to say on what terms it will dish~bute it? Was it ever heard of that the Government which bas the right to give the fund bas no right to say on what terms it will doso? . It is not only the right of the General Government, but it is under obligation to see to it that the fund is not misapplied. Do you call that interfering with the rights of the States? Sir, if the General Government were not to see to it tba~ the fund was applied in the manner prescribed, and to accomplish the pur- poses intended, in my judgment, the GoYernmentwould be derelict. Why pre- scribe terms at all if the Government is to stand idly by and see those terms disregarded by the States? Th~ object of making the inquiry of the States what appropriations have been made by their Legislatures for the support of common schools is not to authorize the General Government to interfere with the State in the management of its own school fund or in the management of its own schools. The General Government does not get this information for the purpose of changing a system adopted in the States, but to enable it to determine whether the respective States are complying with the terms of the gift. No State. I insist,ought to desire to receive this fund except on the terms prescribed, and no State having received this fund on the terms prescribed ought to be pre- sum-ed willing under any circumstances to misapply it; but should a State will- ingly misapply the fund, certainly the State ought not to complain if the General Gove~nment inquires into the fact. It does not interfere, with its sovereignty in the shghtest degree. 

Who is the next Senator that answered the objections of the Senator 

from Missouri? The Senator from Texas [Mr. MAXEY] spoke as follows: 

I shall vote for the bill cheerfully. A States-rights man to the very core, I shall vote for it, because there is not in the bill anywhere a violation of any State right. It was guarded by gentlemen who are as strongly in favor of the reserved rights of the States as the Senator from Missouri or anybody else. I shall vote for it because it does not conflict with but does a.id the States in doing a just a.nd a wise thing. I would go back even further; I would go back to the very convention that framed the Constitution and you will find that under the clause giving exclusive legislation to Congress over the District it was contended that Congress had power to establish a. university at the sert of government. 

* • * * • * • I heartily agree with what was so well said by the Senator from Georgia., 

1\lr. Hill. 

There c..1.11 be no denial that the Morrill bill in all its parts and pro- visions was critically considered and fully understood by Senators. 

Now, sir, who were the Senators who favored thepassageoftheMorrill bill? Here is the formidable list: 

Allison, Cameron of Pa.., Hill of Colorado, 

Anthony, Cameron of Wis., Hill of Georgia, 

Bailey, Coke, Hoar, 

Baldwin, Davis of Illinois, Johnston, 

Beck, Davis ofWestVa., Jones of Florida, 

Blaine, Dawes, Kellogg, 

Blair, Edmunds, Lamar, 

Brown, Ferry, Logan, 

Bruce, Garland, Mc~iillan, 

Burnside, Hampton, McPherson, 

Call, Hereford, ~iaxey, 

Morgan, 

Morrill, 

Platt, 

Pugh, 

Ransom, 

Rollins, 

•.reller, 

Vance, 

Walker, 

Windom. 

1\fr. VEST. Will the Senator read the names of those who voted 

against thn.t bill? . Mr. PUGH. I have them not here, but I remember very well that 

you were one of them. 

Mr. VEST. I voted against it. 

Mr. PUGH. I am aware of it. 

:M:r. VEST. I am told that whilst I was out of the Senate Chamber 

the Senator has been a.ssailing my record. I have not looked at that 

record. It is sufficient for me to attend to my duties here without going back to old records; but I never saw the time in this Chamber that 

I hn.>e not opposed this sort of legislation. I opposed the Morrill bill. 

When I yoted for. the Teller amendment, if my name is so recorded, I 

yoted for it to defeat the bill, as a parliamentary measure. I have never seen the time when any such measu.re came here that I did not 

speak against it publicly and privately, and I was one, I think, of six 

who voted against that Morrill bill, one of eleven who voted against 

the Blair bill, and, if I live, will be one of the opposition to it when 

the vote is taken on the pending bill. 

M:r. PUGH. I have not assailed the record of the Senator. I only 

brought to the attention of the Senate what he had stated so clearly 

and forcibly as his objection to the Morrill bill, so as to show, as I will 

do hereafter, that gentlemen who are now assailing the Blair bill fully 

understood all the grounds upon which they are now assailing it when 

their attention was called to these identical provisions in the Morrill 

bill; and after a full un'derstanding of each one of these provisions debated, discussed, emphasized, and repeatedly emphasized by the Senator from Missouri, the names I have read here were recorded in favor ofthat bill with all its provisioru;. Mr. President, I will now introduce the Blair bill. That monsterthat huge anaconda in whose deadly coil every bone in the body-poli- tic is to be crushed. That wicked conception originated with the Sen- ator from New Hampshire [Mr. BLAIR] and was referred to th e Committee on Education and Labor, ofwhich he was and is chairman, and 

I was then, and am now, a member. The committee referred the bill to 

Senator BLAIR and myself as a subcommittee. The great desire and 

earnest effort of the subcommittee were to frame a bill as free as possi- ble from objections, and especially to so arrange the terms and condi- tions of the bill that made up its machinery as that they would be acceptable and satisfactory to the Senate. 

How was this purpose t.o be accomplished? The subcommittee took 

the terms and conditions, the machinery of the Morrill bill, that had 

been lately fully discussed and sanctioned by over forty-three Senators as a model for the appropriation in the Blair bill. The subcommittee 

framed the bill and reported it to the full committee, who adopted it 

unanimously. The bill was reported to the Senate by the chairman 

f?tlr. BLAm], nond I undertake to say that in every particular in which 

the bill thus reported differs from the Morrill bill it is an improvement 

upon the Morrill bill. I have set forth the provisions of the Morrill 

bill, and I now offer the Blair bill as it came from the committee: That for ten years after the passage of this net there shall be annually appro- priated from the money in the Treasury the following sums, to wit: The first year the sum of $15,000,000, the second year the sum of $-14.,000,000, the third year the sum of $13,000,000, and the!t·eafter a sum diminished $1,000,000 yearly from the sum last appropriated until ten annual appropriations shall have been made, when all appropriations under this act shall cease; which several sums shall be expended to secure the benefits of common-school education to all the children of the school age mentioned hereafter living in the United States. ~EO. 2. That such money shall annually be divided amongandpaidoutin the several States and Territories in that proportion which the whole number of persons in each who, being of the age of ten years and over, can not read and write bears to the whole number of such persons in the United States; and until otherwise provided such computation shall be made according to the offi- cial returns of the census of 1880. SEc. 3. That the Secretary of the Interior, at the close of each fiscal year, shall ascertain the total amount of the school fund to which the States and Territories and the District of Columbia are entitled under the provisions of this act, and shall certify the same to the Secretary of the Treasury. That upon the receipt of such certificate the Secretary of the Treasury shall, on or before the 31st day of JulJJ of each year, apportion the said total sum so certified among the several States and Territories and the District of Columbia upon the basis of population and illiteracy specified in the second section of this act. SEc. 4. That the amount so apportioned to each State and Territory and to tho District of Columbia. shall be paid, upon the warrant of the Commissioner of Education, countersigned by the Secretary of the Interior, out of the Treasury of the United States, to the treasurer of the State, Territory, or District, or to such officer as shall be designated by the laws of such State, Territory, or Dis- trict to receive, account for, and pay over the samo- to the several school dis- tricts entitled thereto under said a.pportionment. The term "school district" as used in this section shall include cities, towns, padshes, or such other corpora- tions as by law are clothed with the power of maintaining common schools: Provided, That such distribution or payment, after the receipt of said fund by the State, Territory, or District, may be made to any officer designated by the laws of the Sta te, Territory, or District for the disbursement of the school funds to the teachers employed in such schools. SEC. 5. That the instruction in the common schools wherein these moneYs shall be expended shall include the art of reading, writing, and speaking the English language, arithmetic, geography, history of the United States, and such other branches of useful knowledge as may be taught under local laws, and shall include, whenever .practicable, instructien in the arts of industry, and the in- struction of females in such branches of technical or industrial education as are suit-ed to their sex, which instruction shall be free to all, without distinction of race, color. nativity, or condition in life: Provided, That nothing herein shall deprive children of different races, living in the same community but attending 

separate schools, from receiving the benefits of this act the same as though the attendance therein were without distinct.ion of race. S.Ec. 6. The money appropriated and apportioned under the provisions of this act to the use of any Territory shall be applied to the use of common ani indus- trial schools therein by the Secretary of the Interior. SEc. 7. That the District of Columbia shall be entitled to the privileges of a Territory under the provisions of this act, but its existing laws and school au- thorities shall not be affected by the operation of this act. The Commissioner of Education shall be charged with the duty of superintending the distribution of its allotment, and shall make full report of his doings to the Secretary of tho Interior. SEc. 8. That the design of this act not being to establish an independent system of schools, but rather to aid for the time being in the development and mainte- nance of the school system established by local government., and which must eventually be wholly maintained by the States and Territories wherein they 

exist, it is hereby provided that no part of the money appropriated under this act shall be paid out in any State or Territory w bicb shall not, during the first fi. ve years of the operation of this act, annually expend for the maintenance of com- mon schools at least one-third of the sum which shall be allotted to it under the provisions hereof, and during the second five years of its operation a sum at least equal to the whole amount it shall be entiUed to receive under this act. SEc. 9. That a part of the money apportioned to each State or Territory not exceeding one-tenth thereof, may yearly be applied to the education of teachers for the common schools therein, which sum may be expended in maintaining institutes or temporary training schools, or in extending opportunities for nor- mal or other instruction to competent and suitable persons, of any color, who are without necessary means to qualify themselves for teaching, and who shall agree in writing to devote themselves exclusively, for at least one year after leaving such training schools, to teach in the common schools, for such compen- sation as may be paid other teachers therein. SEc. 10. That no part of the educational fund allotted to any State or Territory or tbe District of Columbia shall \;Je used for the erection of school-houses or school-buildings of any description, nor for rent of the same. SEC. ll. That the moneys distributed nnder the provisions of this act shall be used in the school districts of the several States and Territories in such way as to provide, as near as ma.y be, for the equalization of school privileges to all the children of the school age prescribed by the law of the State or Territmy wherein the expenditure shall be made, thereby giving to each child an opportunity for common-school and, so far as may be, of industrial education; and to this end existing public schools, not sectarian in character, may be aided. and new ones may be established, as may be d eemed best, in the several localities. SEC. 12. That any State in which the number of persons 10 years of age ami upward who can not read and write is not over5 percent .. of the whole popula- tion thereof shall have the right to receive its allotment and to apply the same for the promotion of common-school and industrial education, or the education of teachers therein, in such way as the Legislature of such State shall provide. SEC. 13. That the Secretary of the Interior shall receive fl:om the governor of each State and T erritory a report, to be made by or through such governor on o r 
1888. CONGRESSIONAL RECORD--SENATE. 871 

before the 30th day of June of each year, giving a detailed account of the pay- ments or disbursements made of the school fund apportioned to his State or '£er- ritory and received by the State or Territorial treasurer or officer under section 4 of this act, and of the balance in the bands of such treasurer or officer with- held, unclaimed, or for any cause unpaid or unexpended, and also the amount expended in such Stale or Ten-itory as required by section 8 of this act, and also of the number of public, common, and industrial schools, the number of teachers employed, the total number of children taught during the year, and in what. branches instructed, the average daily attendance, and the relative num- ber of white and colored children , and the number of months in each year schools have been mai u tained in each school district-, and such other information in 1·c1aliou to the use of the school fund and the condition of common-school education s the Secretary of the Interior may require. And if any State or Ter- ritory shall misapply or allow to be misapplied, or in any manner appropriated or used other than for the purposes herein required, the funds, or any part thereof, recei'led under the provisions of this act, or shall fail to comply with t,he conditions herein prescribed, or to report as herein provided, through its proper officers, the disposition thereof, such State or Territory shall forfeit its right to any subsequent apportionment by virtue hereof until the full amount so ruis- applit·d, lost, or misappropriated shall have been replaced by such State Ol" Ter- ritory at\d applied as herein required, and until such report shall have been made : Prorided, That if the publlc schools in any State admit pupils not within the ages herein specified it shall not be deemed a failure to comply with the con- ditions herein. SEc. 14. That on or before the 1st day of September of each year the Secretary of the Interior shall report to the President of the United States whether any Slate or Territory or the District of Columbia has forfeited its right to receive its apportionment under this act, and how forfeited, and whether he has withheld such allotment on account of such forfeiture; and each Stat e and Territory and the District of Columbia from which such apportionment shall be withheld sh:tll have the right to appeal from such decision of the Secretary of the Interio r to Coogi·ess ; and if the next Congress shall not direct such share to be paid, it shall be added to the general educational fund for distribution among the other States and the Territories and District of Columbia which shall be entitled to the ben- efit of the provisions of this act. SEc. 15. That the Secretary of the Interior shall be charged with the practical administration of this act in the Territories and the District of Columbia, through the Commissioner of Education, who shall report annually to Congress its prac- tical operation, and briefly the condition of common and industrial education as affected thereby throughout the country, which report shall be transmitted to Congress by the Secretary of the Interior, accompanying the report of his De- partment. 

Mr. President, after the most cn.reful examination I have been able 

to make of the difference between the Morrill bill and the Blair bill 

now befOl"e the Senate, my judgment is that in principle, in policy, in 

method, and in practice they are substantially one and the same. I 

have no doubt Congress has as much power under the Constitution to 

appropriate revenue collected by taxation as Congress has to appropriate revenue collected from the sales of public lands and receipts from 

patents to the support of common schools in the several States, as I 

will show hereafter by undoubted authority. 

In the Morrill bill all the proceeds from the sales of all P\lblic lands 

pa,id into the Treasury and all the receipts from patents paid into the 

Treasury are set apart as a permanent educational fund; in other words, 

deilicated by Congress to the support of common-school education in 

the States, and the fund arising from the entire proceeds of all the lands 

and all the receipts from patents are separated from where they were 

as part of t,he public revenue, as much as money collected from taxation, 

and devoted by Congress to the support of common schools in the States. 

In the Blair bill now pending $79,000,000 are appropriated to be paid 

out of the Treasury out of any money unappropriated, whether in there 

from the sales of public lands, or as receipts from patents, or as interest 

paid on bonded loans to Pacific railroads, or as fines and forfeitures, or 

from taxes on tobacco ~nd whisky, or duties on imports; it makes no 

difference from what sources the revenue is derived. The Blair bill 

covers all the sources of the appropriation in the Morrill bill and adds 

all other sources of revenue. 

Now, as I understand those Senators who voted for the Morrill bill, 

but refuse to support the Blair bill, they would admit the constitutidnality of the appropriation in the Blair bill if the bill provided that 

the sum appropriated was payable only from the proceeds of the public 

lauds and the receipts from patents, as provided in the Morrill bill. 

Then the question is presented squarely, has Congress the same power 

to dispose of money in the Treasury paid in there from the whisky 

and tobacco tax, or from duties on importations, as Congress bas to dispose of public lands or the proceeds of the sales of public lands to the 

support of common schools in the States? This presents the gravamen 

of the difference between the friends and enemies of the Blair bill. I 

believe that Congress has as much power to make the appropriation in 

the one case as in the other. Those who ruffer with me claim that the 

power of Congress to appropriate public lands or their proceeds is derived from two sources: first, the deedsofcession bythe Statesmaking 

the grants to the United States in trust with the power of disposition 

for "the genernl welfare;" and, second, the grant of power in the Constitn tion that "the Congress shall have power to dispose of," etc., "the 

terri tory or other property belonging to the United States,'' etc. . 

It must be admi~ted that the object and purpose of Virginia, New 

York, and Georgia in making the deeds of cession with the power 

therein to the States, ~beneficiaries of the trust to dispose of the lands 

con-veyed, are the ~me that induced the same States to grant to Congress the power of disposition specified in the Constitution. That being true, it follows that the power of Congress to dispose of the public 

lands or their proceeds is absolute and exclusive in both cases, whether 

the power of disposition is derived from the deeds of cession or from the 

Constitution. The power of Congress in the same grant " to make all 

rules and regulations necessary for t~e government of the Territories'' 

is equally absolute and exclusive as the power of disposition of the 

public domain. 

But it must be remembered thut the power of Congre...~ to govern the 

Territories and dispose of the public domain, although absolute and 

exclusive, is nevertheless restrained and limited in its exercise by the 

character and genius of our political organism, and by the responsibility of the representatives of the States and the people in Congress 

to their constituents. The truth of this proposition is conceded in all 

the debates upon the power of Congress to dispose of the public lands 

and govern the Tenitories. 

Thenextinqniryis, what difference istbere, and, if uny, what reason 

is there for any difference between the power of Congress to dispose of 

the public lands bought with revenue raised by t.·uation and the power 

of Congr~s to dispose of or appropriate re-venue collected into the 

Treasury from taxation? 

This question has arisen and been fully and ably discussed on several occasions in the history of Congressional legislation, sometimes 

when Congress was asked to exercise the power of disposing of the public lands or their proceeds for the endowment and stipport of asylnt:ll.S, 

or for the support of common schools, or to build railroads, or cut canals, 

and sometimes when Congress was asked to appropriate money out of 

the Trea<Jury collected from taxation and other sources for these and 

other purposes, like works of internal improvement. The occasion upon 

which the character and extent and limitations upon the power of Congress to make appropriations of the public revenue was presented most 

conspi<mous1y was in the House of Representatives in February, 1817, 

on a bill introduced by John C. Calhoun making appropriations for 

works of internal improvement. 

This debate took place during the closing da,ys of the last administration of President :Madison. The speech of Ur. Calhoun will be 

found in the Annals of the Fourteenth Congress, second session, 1816- '17, 

page 851, and fully answers the arguments against the Blair bill: 

Mr. CALHOUN. The power of Congress is objected to-first, that they have none to cut a road or canal through a State without its consent; and next, that the public moneys can only be appropriated to effect t.he particular powers enu- memted in the Constitution. It is mainly urged that Congress can only apply the public moneys in e:xjecution of the enumerated powers. He was no advocate for refined arguments on the Constitution. The instrument wus not intended as a thesis for the logician to exercise his ingenuity on. It ought to be con- strued with plain, good sense ; and what can be more express than the Consti- tution on this very point? 'l'he first power delegated to Congress is CQlllprised in the words, "To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defense and general welfare of the United States. •; First, the power is given to lay taxes; next, tbe objects are enumerated to which the money accru- ing from the exercise of this power may be applied-to pay the debts, provide for the common d efense and general welfare; and last, the rule for laying the taxes is prescribed. If the framers had intended to limit the use of the money to the powers afterwards enumerated and defined, nothing could be more easy than to have expressed it plainly_ He knew it was the opinion of some that the words, "to pay the debts and provide for the common defense and general welf::u:e" were not intended to be referred to the power of laying taxes contained in the first part of the section, but that they are to be understood us distinct and independent powers granted in general terms. If such were in fact the meaning, surely nothing can be conceived more bungling and awkward than the manner in which the framers haYe communicated their intention. If it were their intention to make a summary of the powers of Congress in general terms, which were afterwards to be particularly defined and enumerated, they should have told us so plainly and distinclly; and if the words "to pay the debts and provide for the common defense and general 

welfare," were intended for this summary, they should have headed the list of our powers, and it should have been stated, that to effec.t these general objects the following specific powers were granted. He usked the members to read tlie section with attention, and it would, he conceived, plainly app&9.r that such could not be the intention. The whole section seemed to him to be about taxes. It plainly commenced and ended with H, and nolhi.ng could be more strained than t-o suppose the in- termediate words" to pay the debts and provide for the common defense and general welfare" were to be taken as independent and d istinct powers. B ut suppose the Constitution to be silent, why should we be confined in the applica- tion of money to the enumerated powers? . There is nothing in the reason of the thing that be could perceive why it should be so restricted; and the habitual and uniform practice of the Government coincided with his opinion. Our laws are full of instances of money appropriated without any reference to the enu- merated powers. Let it not be urged that the construction for which he con- tended gave a. dangerous extent to the powers of Congress. In this point of view, he conceived it to be more safe than the opposite. By 

giving a reasonable extent to the money power it exempted us from the necessity of giving a strained and forced construction to the other enumerated power. For instance, if the public money could be applied to the purchase of Louisiana, as be contended, then there was no constitutional difficult;y in that purchase, but If it could not, then we were compelled either to deny that we had the power to purchase, or to strain some of the enumerated powers to prove our right. 

"The next aut~rity in support of the constitutional power of Congress to make the appropriatiun in the Blair bill, still more potential, 

if any can be, than the unanswerable argument of Mr. Calhoun, is the 

carefully considered and exhaustive messa.ge of James Monroe communicated to Congress on the 4th of May, 18:22, and found in the Annals of the Seventeenth Congress, first session, page 1810. 

After quoting the power of Congress '' to lay and collect taxes, duties, 

imposts, and excises, to pay the debts and provide for the common defense and general welfare," the message proceecls: 

That the second part of this grant gives a right to appropriate the public money, and nothing more, is evident from the following considerations: 1. If the right of appropriation is not given by this clause it is not given at all, there being no other grant in the Constitution which gives it directly, or which bas any bearing on the subject.. even by implication, except the two following: First, the prohibition which is contained in the eleventh of the enumerated powers not to appropriate money for the support of armies for a longer term than two ye~rs; and, second, the declaration of tbe sixth member or clause of 
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872 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

the ninth section of the first article, that no money shall be drawn from the Treasury but in consequence of appropriations made by law. 2. This p:ut of the grant has none of the characteristics of a distinct and orig- inal power. It is manifestly incidental to tile great objects of the first part of the grant, which authorizes Congress to lay and collect taxes, duties, imposts, and excises-a. power of vast extent, not gran ted by the Confederation-the grant of which formed one of th e principal inducements to the adopt.ion of this Con- stitution. If both parts of the grant at·e taken together (as they must be, for the one follows immedia tely a fter the othe r in the same sentence), it seems to be impossible to gi\Te to the la tter aQy other construction than that contended for. Cougress sha ll have p owe r to lay a nd collect taxes, duties, imposts, and excises. Fot· what purpose? 'l'o pay the debts and provide for the common defense and general welf>~.re of the United States-an arrangement and phraseology which clearly show that the latter pa rt of the cla use was intended to enumerate the purposes to which the money thus raised might b e appropriated. 3. If this is not the r eal object and fair const-ruction of the second part of this grant, it follows either t hat it has no import or o pcmtion whatever on one of much grca er extent tha n the first part. '£his presumpt.ion is evidently ground- less in both insta n ces-in th e first, because no part of the Constitution can be considered useless, no s entence or clause in it wilhout a meaning. In the sec- ond, l>ecause such a construction as m ade the second part of the clause an orig- inal grant, embracing the same object with the tirst, but with much greater. power than it, would be in the highe st degree absurd. '£he order generally ob- served in grants-an orde r founded in common sense, since it promotes a clear understanding of their import-is to grant the power intended to be conveyed in the most full and explicit manner, and then to explain or qualify it, if expla- nation or qualification shou!d be necessary. '.rh~s order hns, it is belie>ed, been invariably obsen·ed in all the gta.nts contained in the Constitution. In the sec- ond, because, ii the clause in question is not constt·ued merely as an authority to appropriate the p a blic money, it must be obvious that it conveys a power of indefinite and unlimited extent; that there would have been no usc for the spe- cial powers to raise and support armies and a navy, to reg·ulate commerce, to call forth the militia, or even to la.y and collect taxes, duties, imposts, and ex- cises. An unqua lified power to pay tbe debts und provide for the common de- fense and genera l welfare, as the second part of t-his cia use would be, if consid- e r ed a s a distinct and separate grant, would extend to every object in which the public con1d be interested. A power to provide for the common defense would g-ive to Congress the command of the whole force and of all the resources of the Union. But a right to provide fo1· the general welfare would go much further. It would , in effect, break down sll the barriers between the States and the Gcn- er:tl Gove1·nment and consolidate the whole under the latter. The powers specifically granted to Congress are what are called the enumer- :tted powers, and are numbered in the order in which they stand, among which that contained in the first clause holds the first place in point of importance. If 

the power created by the latter part of tbe clause is considered. an original 

grant, unconnected with and independent of the first, as in that case it must be, · then the first part is entirely done away, as are all the other grants in the Con- stitution, being completely absorbed in t he transcendent power granted in the latter part. But ii the clause be construed in the sense contended for, then e\·ery _part has an important meaning and effect; not, a line, a word, in it is superflu- ous. A power to lay and collect taxes, duties, imposts, and excises subjects to the c.'\11 of Congress every branch of the public vcnue, internal and external; and the addition to pay the debts and pro,·ide for the common defense and gen- eral welfare gives the right of applying the money raised-that is, of appropriating it to the purposes specified-according to a proper construction of the terms. Hence, it follows that it is the first part of the clause only which gives a power which affects in any manner thepowerr_emaining to the States; as the power to raise money from the people , whetller it be by taxes, dutie~, imposts, or excises, though concurrent in the States as to taxes and excises, must neces- sarily do. But the use or application of the money, after it is raised, is a power altogether of a difierent character. It imposes no burden on tile people, nor can it m!t on them in a sense to take power from the States, or in any sense in which power ca n be controverted or become a question between the two gove1·runents. The application of money raised under a lawful power is a right or grant which may be abused. It may be applied partially among the States, or to improper pur- poses in our foreign and domestic concerns; but still it is a power not felt in the sense of other power, since the only complaint which any State can make of such partiality and abuse is that some other State or States have obtained greater bene tit from the application than by a just rule of apportionment they were en- titled to. The right of appropriation is, therefore, from its nature, secondary and incidental to the right of raising money, and it was proper to place it in the . 9.me grant and same clause with that right. By finding them, then, in that or- der, we see a new proof of the sense in which the grant was made, corresponding with the view herein ta~en of it. The last part of this grant, which provides that all duties, imposts, and excises shall be uniform throughout t-he United States, furnishes another strong proof that it was not intended that the second part should constitute a distinct grant, in the sense above stated, or convey any other right than that of approp1iation. This provision operates exclusively on the power gmntedin the first part of the clause. H recites three branches of that power-duties, imposts, and excises- those only on which it could opemte; the rule by which the fourth, that is, taxes, should be laid, being already provided for in -another part of the Constitution. 'l'he object of this provision is to secure a just equality among the States in the exercise of that power by Congress. By placing it after both the grants, that is, after that to raise and that to appropriate the public money, and making it ap- ply to the first only. it shows that it was not intended t-hat the power granted in the second should be pa.::amount to and destroy that gmnted in the first. It shows also that no such formidable power as that suggested had been gmnted in the second, or any power ttgainst tile abuse of which it was thought necessary specially to provide. Surely, if it was deemed proper to guard a specific power of limited extent and well-known import against injustice and abuse, it would have been much mo1·e so to have guarded against the abuse of a power of such Yast extent a nd so indefinite a s would have been granted by the second part of the clause, if conside red as a distinct and original grant. 'Vith this construction all the other enumerated gmnt~. and indt>ed all the g-rants of power contained in the Constitution, have their full operation and ef- fect. They all stand well together, fulfilling the great purposes intended by them. Under it we behold a grea t scheme, consistent in all its parts, a Government instituted for tional purposes, vested with adequate powers for those pur- poses, commencing with the most important of all, that of the revenue, and proceeding in regular order to the others with which it was deemed proper to endow it, alJ, too, drawn wit.h the utmost circumspection and c..'\re. How much more consistent is this construction with the great objects of the institution and with the high character of the enlightened and patriotic citizens who framed H, as well as of those who ratified it, than one which subv.erts every sound prin- ciple and rule of construction and throws everything into confusion. I have dwelt thus long on this part of the subject from an earnest desire to fix: in a clear and satisfactory manner the import of the second part of this grant, well knowing, from the generality of the terms used, their tendency to lead into error. I indulge a strong hope that the view herein presented will not be without effect, but will tend to satisfy the unprejudiced and impartial that noth- ing more was gran ted by that part than a power to appropriate the public money raised under the other part. To what extent that power may be carried will be t-he next object of inquiry. 

It is con,tended, on the one side, that, as the National Government is a Gov- ernment of limited powers, it has no right to expend money, except in the per- formance of acts authorized by other specific grants, according to a strict con- struction of their powers; that this grant in neither of its branches gives to Con- gress discretionary power of any kind, but is a mere instrument in its bands to carry into effect the powers contained in the other grants. To this construc- tion I was inclined in the more early stage of our Government; but on further reflection and observation my mind has undergone a change, for reasons which I will frankly unfold. The grant consists, as heretofore observed, of a twofold power; the first to raise, the second to appropriate the public money, and the terms used in both instances are general and unqualified. Each branch was obviously drawn with a view to the other, and the import of each tends to illustrate that of the other. '.fhe grant to raise money gives a. power over every subject from which revenue may be drawn, and is made in the same manner with the grantstodcclarcwar, to raise and support armies and a navy, to regulate comme rce, to establish post- offices and post-roads, and with all the other specifi<! grants to the General Gov- ernment. In the discharge of the powers contained in any of these g1·ants there , is no other check than that which is to be found in the great principles of our system, the responsibility of the representative to his constituents. If the war, for example, is necessary and Congress declare it for good cause, their ns it;.. 

uents will support them in it. A like support will be given them for the faith· ful discharge of their duties under any and every other power Yested in the United States. U affords to the friends of our free governments the most h eai·t- felt consolation to know, and from the best evidence, our own experience, that in great emergencies the boldest measures, such as form the strongest appeals to the virtue and patriotism of the people, are sure to obtain the most decided approbation. 

But should the representative act corruptly and betray his trust, or otherwise prove that he was unworthy of the confidence of his constituents, he would be equally sure to lose it and to be removed and otherwise censured, according to his deserts. '.rhe power to raise money by taxes, duties, imposts, and excises is alike unquali.fied,·nor do I see any check on the exercise of it other than that wllich applies to the other powers above recited, the responsibility of the rep- resentative to his constituents. Congress knows the extent ofthe public engage- ments and the sums necessary to meet them; they know how much may be de-· rived from. each branch of revenue without pressing it too far; and paying due regard to the interests of the people, they likewise know which branchoughtto be resorted to in the first instance. From the commencement of the Govern- ment two branches of this power, duties and imposts, have been in constant op- eration, the revenue from which has supported the Government in its various branches and met its other ordinary engagements. In great emergencies the other two, tuxes and excises, have likewise been resorted to, and neither was the right or the policy ever called in quest-ion. If we look to the second branch of this power, that which authorizes the ap- propriation of the money thus raised, we find that it is not less general and un- qualified than the power to raise it. l\Iore comprehensive terms than to "pay the debts and provide for the common defense and general welfare" could not haye been used. So intimately connected with and depe'ndent on each other are these two branches of power that had ;either been limited the limitation would have had the like effect on the other. Had the power to raise money been conditional or restricted to special purposes, the appropriation must have corre- sponded with it, for none but the money raised could be appropriated, nor could it be appropriated to other purposes than those which were permitted. On the other hand, if the right of appropriation had been restricted to certain . purposes it would be useless and improper to raise more than would be adequate to those purposes. It may fairly be inferred these restraints or checks have been carefully and intentionally avoided. The power in each branch is alike broad and unqualified, and each is drawn with peculiar fitness to the other, the latter requiring terms of great extent and force to accommodate the former, which have been adopted, and both placed in the same clause and sentence. Can it be presumed that all these circumstances were so nicely adjusted by mere accident? Is it not more just to conclude that they were the result of due de- liberation and design? Had it been intended that Congress should be restricted in the appropriation of the public money to such· expenditures as were author- ized by a rigid construction of the other specific grants, how easy would it. have been to have provided for it by n. declaration to that effect. The omission of such declaration is, therefore, an additional proof that it was not intended that the grant should be so construed. It was evidently impossible to have subjected this grant in either branch to snch restriction without exposing the Government to very serious embanass- ment. How carry it into effect.? If the grant had been made in n.ny degree de- pendent upon the States, the Government would have experienced the fate of the Confederation. Like it, it would have withered and soon perished. Had the Supreme Court been authorized, or should any other tribunal distinct from the Government be authorized to impose its veto, and to say that more money had been raised under either branch of this power, that is, by taxes, duties, im- posts, or excises, tha.n was necessary; that such a tax or duty was useless; that the appropriation to this or tbat purpose was unconstitutional, the movement might have been suspended and the whole system disorganized. It was im- possible to have c1·eated a power within the Government, or any other power distinct fro,m Congress and the Executive, which should control the movement of the Government in this respect and not destroy it. Had it been declared by a clause in the Constitution that the expenditures under this grant should be re- stricted to the construction which might be given of the other grants, such re- strn.int, thoughthemostinnocent, could not have failed to have had an injurious effect on the vital principles of the Government aQd often on its most important measures. 

Those who might wish to defeat a measure proposed might construe tl1e power 1·elied on in support of it in a narrow and contracted manner, and in that way fix a precedent inconsistent with the true import of the grant. .At other times those who favored a measure might give to the power relied on a forced or strained construction, and, succeeding in the object, fix a precedent in the opposite extreme. Thus it is manifest that if the right of approp1·iation be confined ·to that limit measures may oftentimes be carried or defeated by considerations and motives altogether independent of and unconnected with their merits, and the several powers of Congress receive constl'uctions equally inconsistent with their true import. No such declaration, however, ha<:~ been made, and from the fair import of the grant, and, indeed, its positive terms, the inference that such was intended seems to be precluded. 

l\Iany considerations or great weight operate in favor of this construction, while I do not perceive any serious objections to it. If it be established it follows that the words •· to provide for the common defense and general welfare" lmve a definite, safe, and useful meaning. The idea of their forming an original grant with unlimited power superseding every other grant is abandoned. They will be considered simply as conveying a right of appropriation, a rig'ht indispensa· ble to that of raising a revenue, and necessary to e:q)endit.ures under every grant. 

By it, as already observed, no new power will be taken from the States, the money to be appropriated being raised under a power already granted to Con- gress. By it, too, the motive for giving a forced or strained construction to any of the other specific grants will in most instances be diminished, and in many utterly destroyed. The importance of this consideration can not be too highly 

estimated, since, in addition to the examples already given, it ought pa1·ticularly to be recollected that, to whatever extent any specified power may be carried, the right of jurisdiction goes with it, pursuing it through all it-s incidents. 
CONGRESSIONAL RECORD-SENATE. - 873 -----~---··-~ 

The very :irrr;.ortantagencywhich this grant has in carrying into effect every other grant h1 a wrong argument in favor of the construction contended for. 

All the othe1· gl'anta are limited by the nature of the offices which they have 

severally to perform, each conveying a power to do a certain thing, and that 

only, wheren.s this is ooextensive with the great scheme of the Government 

itself. It is the level' which raises and puts the whole machinery in motion 

and continues the movement. Should either of the other grants fail in con- sequence of any condition or limitation attached to it or misconstruction of 

its powers, much injury might follow, but stillitwould be-the failureofone 

branch of power, of one item in the system only. All the others might move on. But should the right to raise and appropriate the public money be improperly restricted the whole system migl:!,t be sensibly affecled, if not disorganized. Each of the other grants is limited by lhe nature of thegrnntitself. This by the nature ofthe Governme'ntonly. Hence it became necessary that, like the power to declare war, this power should be commensurate with the great scheme of 

the Government and with all its purposes. If then the right to raise and appropriate the public money is not restricted to the expenditures under the other specific grants, according to a strict construc- tion of their powers, respectively, is there no limitation to it? Have Congress a right to raise and appropriate the money to any and to every purpose, according to their will and pleasure? They certainly have not. The Government of the United States is a limited Government, instituted for great national pur- poses, and for those only. Other interests are committed to the States, whose 

duty it is to provide for them. Each Government should look to the great and 

essential purposes for which it was instituted, and confine itself to those pur- poses. A State government will rarely, if ever, apply money to national pur- poses without making ito. charge to the nation. The people of the State would not permit it. Nor will Congress be apt to apply money in aid of the State administrations 

for purposes strictly local, in which the nation at large has no interest, although 

the State should desire it. The people of the other States would condemn it·. They would declare that Congress bad no right to tax them for such a purpose, and dismiss at the next election such of their representatives as bad voted for 

the measure, especin.lly if it should be severely felt. I do not think that in 

offices of this kind there is much danget· of the two Governments mistaking 

their interests or their duties. I1·ather expect that they would soon have aclesr 

and distinct understanding of them, and move on in great hat·mony. 

"' * * * * * * It is proper to observe that the money which was employed in the construc- tion of all the other ron.ds was taken directly ft·om the Treasury. This fact affords an additional proof that, in the contemplat.ion of Congress, no difference 

existed in the application of money to those roads between that which was raised by the sale of lands and that which was derived from taxes, duties, imposts, and excises. 

* * * * * * * Wherein consists the danger of giving n. liberal construction to the right of 

Congress to raise and appropiate the public money? It has been shown that its 

obvious effect is to secure the rights of the SLates from encroachment and greater 

harmony in the political movement between the two governments, while it 

enlarges to a certain extent, in the most harmless way, the useful agency of the 

General Government for all the purpose:; of its institution. Is not the respon- sibility of the representative to his constituent, in every branch of the General 

Government, equally strong a-nd as sensibly felt n.s in the State governments, 

and iif not the security against abuse as effectual in the one as in the other gov- ernment? The history of the General Government, in all its measures, fully demonstrates that Congress will never venture to impose unnecessary burdens on the people, or any that can be avoided. 

. * * * * * * * The substance of what has been urged on this subject may be expressed in a few words. My idea is that Congress have an unlimited power to raise money, and that, in its appropriation, they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defense, and of general, not local, national, not State, benefit. · 

The message continuing, furnishes several instances and illustrations 

of the power of Congress to appropriate the Federal revenue to be ex--

pended in the States under State jurisdiction and applied to objects 

general and not local in their nature, in whkh the Federal Government 

had an interest and from which it derived a general benefit, a benefit 

that promoted the "general welfare" without the Federal Government 

having or exercising jurisdiction over such objects-the objects to which 

the appropriations were made being under the exclusive jurisdiction 

of the States. • I will here venture the statement that the power of Congre.ss to appropriate public money has been less abused than any other general 

power, and is more under the restraint of the responsibility of the representative to his constituent. The power of appropriation has not 

been abused half as mucb as the power of Congress to dispose of the 

public lands. 

The able Senators who are committed to the power of Congress to 

make appropriations of the public revenue arising from the sales of the 

public lands to the support of common schools in the States are forced 

to admit that no harm has resulted from the exercise of such power 

by Congress; no destruction of State rights; no centralization of all 

power in the General Government; no impairment of parental obligation to provide for the education of their children; no partisan or sec- tional text-books and histories; no mixed schools; no Federal usurpation 

of thejurisdict..iorr of the States over their com;non schools. On the con- trary, the most valuable and lasting benefits have accrued from such 

Federal aid to education. But when the same Federal Govemment 

offers aid to the sa:q1e common schools from public revenue derived from 

taxation it is urged that there is a total transformation. 

The Federal Government at once becomes an object of suspicion and 

distrust as having an organized purpose to destroy the States and take 

control of their common schools under the guise of friendly aid, which 

is in fact charged as being nothing but bribery and ruinous usurpation. 

In the case of the aid from land-money for the same purpose and on the 

same terms and conditions all is lovely and serene, and over a half cen- tury of such aid works out the most gratifying results, but when the 

aid is offered from tax-money by the same Government to the same States on the same terms and conditions and for the same purpose the 

cry of ''Fire'' is heard, the fire-bells are rung; the incendiary is abroad; 

the call is, "Wake up, my dear constituents; the enemy of your rights 

and liberties is at your door; he comes as a friend with valuable gifts 

to your State for the education of your children, but he is a briber, a usurper. I implore you as your faithful and watChful representative 

to spurn his offer and drive him from your door as a public criminal.'' 

Well, the plain, common-sense people will inquire how it is that their 

land-money has done good and caused no harm in half a century, and 

their tax-money is to produce such widespread ruin and destruction. 

The only answer they get from their faithful sentinels on the watchtower is that it is constitutional to appropriate your land-money to support your common schools, bn t it is unconstitutional to appropriate your 

tax-money to the same uses and purposes. The deadly virus in the Blair 

bill, they say, is it.s unconstitutionality, growing solely out of the source from which the public revenue comes that is appropriated. Then the 

single question is, what-is the difference between the power of Congress to appropriate land-money and the power of Congress to appropriate tax-money to support common schools? 

In 1822 President Monroe, in the message from which I have read, 

used the following language on this question: 

I presume that no distinction can be taken betwe.en the appropriation of money raised by the sale of public lands and of that w.t.ich arises from taxes, 

duties, imposts, and excises. 

In 1854, Pre,sident Pierca, in his veto message on the " bill donating 

public lands to the several States for the benefit of insane persons,'' 

used the following language: 

I have been unable to discover any distinction, on constitutional grounds or grounds of expediency, between an appropriation of$10,000,000 directly fwm the money in the Treasury for the ouject contemplated, and the appropriation of 

lands presented for my sanction. * * * I respectfully submit that in a constitutional point of view it is wholly immaterial whether the appropriation be in money or in land. * * * '.rhe public domain is the common property of the 

Union, just as much n.s the surplus proceeds of that, and of duties on imports 

remaining unexpended in the Treasury. 

In the debate on the message of President Pierce the then Senator 

from Georgia U:sed the following language: 

1\fr. TOO::IIBS. This is a very important document and should be generally diffused among the people. There seem to be two Ieadin2: ideas in the message. The first is, that the JJUb1ic lands and their proceeds are subject to the same con- stitutional rest.rainfs in their appropriation by Congress as is any other fund or money in the 'l'reasury of the United States. That! believe to be a. sound principle. 

How did President Pierce characterize the appropriation ofthe public 

lands to 'the benefit of insane persoru in the several States? Listen, 

and hear how well it agrees with the speeches against the appropriation of money in the Blair bill: 

The framers of the ConstituLion, in refusing to confer on the Federal Govern- ment any jurisdiction over these purely local objects, in my judgment, manifested a. wise forecast and broad comprehension of the true interests of these 

objects themselves. It is clear that public charities within the States can beefficiently administered only by their authority. The bill before me concedes this, 

for it does not commit the funds it provides'to the administration of any other 

authority. 

I can not but repeat what I have before expressed, that if the several States, many of which have already laid the foundation of munificent establishments 

of local beneficence, and ne:trly all of which are proceeding to establish t.bem, 

shall be led to suppose, as they will be, should this bill become a law, that Con- gress is to make provision for such objects, the fountains of charity will be dried 

up at home, and the several States, instead of bestowing their own means on the social wants of their OWfl people, may themselves, through the strong 

temptation, which appeals to States as to individuals, become humble suppli- ants for the bounty of the Federal Government, reversing their true 1·elation to this Union. 

In 1859 the bill appropriating public lands to the endowment and es- tablishmeil t of agricultural and mechanic.:1.l colleges in the several States 

passed both Houses of Congress, and I believe was vetoed by President 

Buchanan. In the debate on that bill the then Senator from Ohio, 

George E. Pugh, used the follo'Ying language: 

Does it follow because agriculture is laudable that therefore the power to r egulate or advance its interests is vested in us? 'Vhy, sir, the people of the 

United States have wisely reserved to their State governments this with many other of their most important interests, and it is just as much a violation of our duty to invade the province of the State goyernments under the head of donations as it would be to in vade it by force and violence. If you proceed to a detailed examination of this bill, you will see that its object is entirely to displace the control of the State governments over the most important of all the pur- suits of our citizens; for in making this princely grant to the States it is to be 

made upon condition that the Legislatures of the States will agree to such and 

such stipulations in the nature of a treaty between them and the Federal Gov- ernment as forever to supersede them and install us. I say, whether such an invn.sion of the rights of the States be made nuder a pretense of granting public land or of granting money, it is just as atrocious a violation of the organic law as if it were the act of an armed usurper. 

The then Senator from Virginia (Mr. Mason) used the following language in the same debate to establish agricultural and mechanical 

colleges in the several States: 

1\Ir.l\iAso~. Sir, to my conception it is one of the most extraordinary engines 

of mischief, under the guise of gratuities and donations, that I could conceive 

would originate in the Senate. It is using the public lands as a means of con- trolling the policy of the State Legislatures. It is misusing the prope1·ty of the 

country in such mode as to bring the appropriate functions of the State entirely, 

within-the scope of the bill, under the discretion of Congress by a controlling power; and it is doing it in the worst and most insidious form-by bribery, di- rect bribery, and bribery of the worst kind ; for it is an unconstitutional robbing 

of the Treasury for the purpose of bribing the States. That is exactly what is to be found in the substance of this bill, as I look upon the Constitution. I am not going to argue here-it has been my unhappy province more than once to object to appropriations of the public lands n.s unconstitutional, not with any hope that any effort of mine could influence the judgment of the Senate, but to enlighten that honored constit.m•:wJcy wi~'Q~C property iii ihus depredated upon. 
874 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

Why, sir what distinction can honorable Senators make between the public 1 colleges. In the case of the agricultural and mechanicill college bill 

lands, the bommon·property of the country, and the public money, the common the power of Congress to pass it rested on the authority of Congress to 

property of the country, in the Trcu.sury of the United States? What earthly '' dispOS"' " of the l..'l.nds difference? The one i"> property, and the other is the representative of }WOp- " . : . . . . erty; and the property itself is acquired by the use of the public money. In the case of t.he Blmr bill the authonty of Congress to pass It rests I bave had occasion to say here, and up to this ~ime to act upon .it, and so f?-r on the power of Congress to ''appropriate'' money in the Treasury raised as I can yet foresee events, am prepared to contmue to act upon 1t, that I w1.ll from any sources. The enemies of the Blair bill deny that the power agree to the purchase of no more lund; amongst other reasons, because of the . . corrupting uses to which it is put by the Federal legislation. Suppose this bill of Congress to appropnate money collected from taxat10n extends be- was to app~·o~riate eigh~ or ten million do~lars from the Treasury, for the pur- yond the subjects and the objects defined and embraced in the express 

pose of buildrng .UP a~nc~ltural colleges ~n the Stat~, ~ould ho_norable Seu- and implied grants of power to ConO'ress. In other words they insist .ators who patromze this-bill vote for thedirectappropnatiOn, and if they would o • . ' 

not, why not? It they have the power to do it, and they believe it is expedient that the power to tax and the power to app~opn.atc coexlf>t and are co- to ~o it, whY: would they no~ just as w:J!l take ~he mon?ey fr<?;_n the Tre.asu!'Y to extensive, and both are confined and restramed to the smgle purpose bmld .UP agnc~ltnral colleges~ take the public land~· If 1' be constitutiOnal of enablinO' ConnTess to exercise and execute tho powers contained in to do It, there l.S not only the r1ght, b~1.,f:..he duty to do It, as rr..uch by the money e '? . • • . . • 

of the country as by the lands of the country. the expre~s and 1m plied gra.~ts m the ConstitutiOn; and th1s bemg tru~, 

In the same debate the then Senator from Alabama (Mr. Clay) spoke they say It foll<_>ws, nece.£sanly, that Cong~esshas no pow~ to appropn- as follows· ate the money m the Treasury from taxatiOn to any subJect or any obThis is a ~agnifi.cent bribe tendered to Alabar~n ~c••· the surrender to Federal ject over which Congress has no jurisdiction cr any power to legislate. power of her original and reserved right to manag;,.; her own internal and do- I do not apprehend that the enemies of the Dlair bill can complain that 

mestic affairs in her own way. Its acceptance is encouraged not only by I do not understand their position or that I have stated ituniairly. If 

the hope of great gain, but by the fear of a greater loss, for if this bill become a th · ht · th · t t' f th er f" ·o r'ation" I law and she refuse the donation and other States accept it she must endure a ey are ng In elf cons rue IOn ° e pow 0 appi P 1 

double loss in the land she did not take and in taxation to pay for the land would join them in opposition to the Blair bill. 

others do take. I hope Alabama. will refuse to debase herself at the footstool But I differ with them, and agree with Mr. Cal bonn and President Monof Fedeml power and spurn the bribe if tendered. th tth f '' · ti 'fi d asons and wise consid But we are told thatthisbillcanonlybecarriedinto effect bytheconsentofthe roe a epowero appropna on or goo re · • States. It does not mitigate the inequity of this bill in the slightest degree that erations of public interest is not confined and limited to the execution of 

it is to be done by the complicity of the State governments. You tempt them the afterwards-enumerated powers of Congress; but baa a wider mnge to their own self-abasement and self-destruction. You tender your patl'onage · th "di t' " f C It t t b d to d h e if they will become your clients. Yon promise your guardianship if they will lll e sere lOU 0 ongress. mus no e un ers 0 ' owcv r, 

becollle your wards. You ofl'er them great estates ift.heywill become yom·ten- that this discretionary power of Congress to appropriate public money 

ants at will. You promise them rich doweries in exchange for their liberties. is itself absolute or unlimited, but, on the contrary, such power can If Stnte pride, independence. and sovereignty do not revolt at this proposition, only be exercised for purposes and obiects that come honestly and fairly Stat.~ honor shoultl. J 

· nut this bill treats the States as agents instead of principals, as the creatures within the meaning of the descriptive words in the Constitutioninstead of the creators of the Federal Government; proposes to give them their own pt·operty and to direct them how to use it, and menaces them with its forfeiture and the reclamation of it by us if they do not faithfully comply with our instructions and obey our orders. It thus transposes the relations of the State 

and Federal Government. . The framers of the Constitution were not guilty of the folly or the baseness of enr,bling Congress to appropriate the public lands any more than the public 

money at diseretion and at the same time of defining its powers and duties. They did not empower it to apply the public l"'>nds or money to any other than 

the great objects for which the Government was formed. Congress has no greater power over the public lands than OYer other property of the United 

Slates. If Congress can give land it may give money or any property of the 

United States. And why not give money as well as laud? The land was bought with money and will sell. for money. If we give either we impair the revenue of the Government and increase its demands upon the people in the way of tax- ation. There is no difference in principle or effect between giving money and 

ginng land. 

All the speeches from which I have quoted, made by able Democratic 

Senators against the bill for the establishment and endowment of agricultural and mechanical colleges in the several States, by appropriating the public lauds, rea.d >ery much like the speeches we have heard 

against the Blair bill. The agricultural and mechanical college bill 

became a. Jaw twenty-five years since. The aid was accepted by the 

States upon the terms and conditions prescribed in the law; and in each 

State agricultural and mechanical colleges have been established, and 

the splendid results of that wise legislation are a matter of public history and public pride. In my own State the Agricultural and Mechanical College is under able and wise and efficient government, and there 

is no apprehension and never was of Federal usurpation as the outgrowth of that munificent benefaction of the General Government. On 

the contrary, that college is firmly rooted in the affection and confidence 

a.nd pride of Alabama, as, an institution whose worth and usefulness 

can not be overestimated. 

nut the enemies of the Blair bill hope to avoid the fate of those who 

made such signal mistakes as to the operation and consequences of the 

agricultural and mechanical appropriation by being classed as false 

prophets by clinging to the last hope they have that Congress has no 

such power to appropriate money to be raised by ta.xation, as has been 

admitted it possesses to appropriate the public lands and their proceeds. 

They cl~ that the controversy as to the power of Congress to make 

such disposition of the public lands and their proceeds has been ended 

by long acquiescence and judicial determination. Grant it; but it 

must not be forgotten that the Senators who supported the agricultural 

and mechanical college bill were just as confident then that Congress 

had such power as the enemies of the Blair bill are now, after it has 

been settled. The friends of the agricultural and mechanical college bill were 

a.rraigned on the charge of being latitudinarian constructionists of the 

Constitution, and as favoring a scheme to usurp the rights of the St.:'ttes 

and centraJize all power in a National Government under the guise of 

a bribe to the St..<ttes to accept Federal control in the place of State 

control of common schools and the educ.."ltion of the people. But hme 

and trial and experience have wiped out all the alarming prophecies of 

those Senators who claimed to be the only accredited apostles of Jeffersonian Democracy, and the agricultural and mechanical colleges 

stand to-day as indestructible monuments to the wisdom of Federal 

aid t{) education. In my judgment, the power of Congress is just as 

well founded in the Constitution to make the appropriation as provided in the Blair bill as th-e point is no\v well settled that Congress 

had the power to make the disposition of t.he public lands and their proceeds as provided in t.he bill to establish agricultural and mechanical 

To pay the debts and provide for the common defense and general welfare of 

the United States. 

I agree with Jefferson, Madison, Monroe, Ca.lhoun, Story, and Kont, 

that these descriutive words in the Constitution delegate no distinct, 

substantive power to Congress, but merely define, ant!. were used 

only to define, the "objects" to which the money raised by taxation 

may be appropriated. The power of selecting these objects must necessarily reside somewhere, and can be trusted nowhere with any more 

safety than to the discretion of Congress. The '' discretion '' of Con- gress is trnsted ,by the framers of the Constitution rn many of its provisions. It is trusted with the power to declare war, to levy taxes, to 

borrow money, to regulate commerce, to coin money and regulate its 

va!ue, to exercise exclusive legislation over the District of Columbia 

ancl the Territories,;and "to make all laws which shall be necessary and 

proper for carrying into execution the foregoing powers, and all other 

powers >ested by this Constitution in the Government of the United 

States or in any department or officer thereof." 

The sole q ucstion, then, to answer is, whether the common-school 

education under the exclusive and absolute jurisdiction, control, and 

regulation of the State governments, as expressly conceded in the Blair 

bill, is a public object possessing, in it<; aggregated and associated effects and influences throughout the United States, such national importance as to bring these common schools fairly within the meaning of 

the descriptive words of the Constitution,. as objects deserving Federal 

aid ''in order'' '' to promote the general welfare.'' These common 

schools have been public objects of national importance and nationa-l 

solicitude from the foundation of the Government. Seveml hundred 

millions in money and public property have been contributed to their 

existence and support by the Federal Government under State management. This national aid has been so continuing and so common 

that it has become an established practice of the General Government 

to treat common schools as objects of so much national importance that 

the States ought not to be allowed to carry the burden of supporting 

them alone by taxation of their own citizens. 

No man living can deny that common sehools nuder the exclusive 

jurisdiction of the States have been and are recognized as public objects deserving na.tional aid and support. But it is urged' by 1:he selfconstituted apostles of Jeffersonian Democracy that this general-welfare 

source of power leaves Congress, withouli any bridle or harness, to rnn 

rough-shod all over the face of the earth with the money of the people. 

Who-is to carry on all this work of destruction under the general-welfare clause? The Congress of the United States, a Honse of Representatives elected every two years from three hundred and twenty-five districts, and seventy-six Senators elected every six: years by the several 

State Legislatures. This Federal Govemment, made by the ~tates, ~nd 

its Congress, made by the States, and the people are to conspiie agarnst 

their own constituents in open day under the eye of the people and 

lmder the supervision of the newspaper press to usurp ~he ~ower of i~e 

States, centralize the Government, and destroy the liberties of the~r 

own people! 

All this is to be done in one term of the representative, as the people 

and the State Legislatures will certainly be incapable of self-govern- mentiftheyre-electsuchaCongresstoconsummatesuchdirecalamities. 

JI.Ir. President, I do not believe it. The people can not be made to 

give serious consideration to such wild speculations. 

A few words in conclusion in answer to some objections that have 

been urged to the machinery of the Blair bill. 
1888. CONGRESSIONAL RECORD-SENATE. 875 

The Morrill bill, it will be remembe~:ed, expressly required that its 

terms and conditions should be accepted byan act of the Legislature of 

each State before receiving its share, and the bill also expressly provided that no State should be paiD. any part of the appropriation until 

it raised enough from its own revenue to keep open the common schools 

at lenst four months in each year; which would then have compelled 

Alabama to about double its school-tax before a dollar would have been 

paid to her under the provisions of the l.forrill bill; and with the Teller 

amendment all the proceeds of the public lands, which have since 

amounted to over ten millions per annum, would have been subjected 

to many of the same conditions contained in the Blair bill, now pronounced by the supporters of the Morrill bill and the Teller amendment to be too humiliating and degrading and dangerous to the States. 

Under the Blair bill Alabama would receive over a half million dollars each of the eight years without increasing its school-tax one cent, 

and if she wishes more of the Federal aid all she has to do is to add to 

her own school fund whatever she pleases and receive an additional 

amount from the appropriation in the Blair bill. Every State in the 

Union is put on precisely the same footing, and each receives, on the 

basis of its illiteracy, an amount equal to its own school fund. 

I make the following qu0tation from the speech of the Senator from 

New York [Mr. EVARTS]: 

I now come to the principal featui"e of this bill. In the first place, the bill ad- heres to the proposition that we are not to undertake the regulation of the in- struction of the schools and theil" management inside the States. We are offer- ing an endowment in aid of theresom·ces and of the activities and of the desires of the different States. We are not undertaking to coerce in the least degree the a cceptauce or permission on the part of the States to meet and accept this proposition or to reject it. Then we are careful, after this endowment is pressed upon them and is accepted by them, to effect no other ccm·cion, or persuasion, which is a better phrase for it, to u se and employ these ag·encies and these re- sources which shall in the least en en· ate their domestic interests or break down the zeal and the virtue of their own endowments in the same direction. Beyond that, although they protect their funds, theit· principal being supple- mented or reduced by our added aggregate wealth, we also do not com pel in the least that ta~tion for a dollar shall be pressed there beyond their present pur- poses and the1r present laws. We hold before them no compulsion that they shall raise from their own resources, by taxation or otherwise, an equall!.Illount to that which we offer them. We guard, then, on the one side and on the other against any encroachment upon the freedom and th:e eRSe of the States in meeting this endowment, first, 

by saving them from any fear that our endowment may check, or nip, or dh·ert the g1·owing zeal, and growing duty, and growing performance of duty among their own people by their own taxation . \Ve say to them, "You are to receive from us under this distribution no more than you raise yourselves." On. the oth~r ha.nd, as I say, neither by undue excitement nor by any Inenace of wtthdrawmg rud do we urge the taxation beyond the easy and proper assess- ments that may be laid. We say to the States,'' Whatev-er you 1·aise, and only that amount, you shall receive; and if you raise up to the amount that we offer, then you have a doubled fortune." So. if the Senator froin Alabama [l\1r. MoR- GAN] will allow me, all this apprehension of the pressure on the people of Ala- bama, whom he so ably represents and defends in theil" institutions, in their policy, in their customs, in theil" tendencies, it seems to me, swings entirely free of the measure of this bill. _ 

It is urged that, in the words in the Blair bill, ''the instruction shall 

include the art of reading, writing, and speaking the English language, 

arithmetic, geography, history of the United States, and such other 

branches of useful knowledge aB may be taught under local laws" 

fatal concessions are m..1.de. . 

During the debat-e on the Blair bill my colleague [Mr. MORGAN] 

asked the Senator from Indiana, .Mr. Harrison, this question: 

1\Ir. 1\IORGAN. I should like to ask the Senator from Indiana t-o define for us what a common school is? The schools in Alabama are ca.lled public schools and they are graded; graded in four degrees. The higher schools in Alabam~ 

of the public system teach a very extensive academic course. I do not know whether they are public schools or whether they are academies. Mr. HARRISON. I would say to the Senator that this term is one of universal use, at least so far as my observation goes, and applies to such schools of the lower grade, not including universities and colleges, as are maintained by the State out of its revenues for the free use of its children-a common-school sys- tem. 

1\Ir. LAMAR. The specification of the studies, the mere prescription that geoo-- raphy, reading, writing and arithmetic shall be taught in those schools:'! do not think can be called a condition or dictation; they are words of descrip- tion. It is simply saying that common-school education shall be taught, an,d it is au other mode of expressing the very object of the bill as it has been reported. 

If, instead of the words" reading,"" w1·iting," "arithmetic," "geography," the words," the usual common-school education" had been substituted, it seems to me the same object would have been accomplished. 

It thus appears that the words which have been the subject of so much criticism were innocently inserted to define the character of a 

common school, which would have been left in some uncertainty but 

for the descriptive words which embrace subjects taught in every common school in the United States. No power is conferred on the Secretary of the Intetior to direct what books shaH be used in the common schools. In the next objection we find some of the spirit that characterizes 

the war on the Blair bill. The proviso denying to the StK!retary of the 

Interior the power of withholding the share of any State because it has 

separate schools for white and black children is seized upon as an invitation and encouragement to have mixed schools, when the truth is 

that the proviso was inserted to meet the objection of the Senator from 

Missouri [Mr. VEST] that if the authority was not denied the Secretary of the Interior might refuse to pay over the. share of any Btate that 

had separate schools. 

But the provision in the bill that has aroused its enemies to the point 

of despair should it become a law is that which confers authority upon 

the Secre!!u.-v of the Interior "to hear and examine any complaints of 

misappropriation or unjust discrimiriation in the use of the funds herein 

provided, and shall report to Congress the result thereof." Did it never occur to Senators that if no such provision were in the bill the 

Secretary would have the same power derived from other parts of the 

bill to hear such complaints and report them to Congress? In the power 

conferred to withhold the share of any Stat.e (which is always given 

disbursing officers in all appropriation bills) that misappropriated or> 

misapplied or was guilty of unjust discrimination in the use of the 

fund the Secretary would have authority to hear complaints and to re- port them to Congress. Ifthereis no ground forsuchcomplaints they 

will never be made, and if there is ground they will be made, and ought 

to be made and heard. - I have no idea any ground will ever exist for 

such complaint.<; or that the provision will ever give rise to any trouble. 

1\Ir. President, some Senators who oppose this bill thank God that 

they are unlilm those weaker boothers who are not strong enough to 

resist the temptation of an ''appropriation'' to their States. I must 

confess that my human nature is not of that kind that is so ethereal as to be always out of the reach of temptation and above suspicion. My imperfections are so great that I find myself compelled to yield to 

thetemptationofvotingappropriations, when I believe I have the power, 

in which my State and people are to have some share and be benefited 

thereby.· The Senators from Delaware, Maryland., Missouri, and Texas 

who oppose the Blair bill represent States rich in school funds and 

school facilities and are independent of Federal aid. The Blair bill has no temptations for them from which they ask to be delivered. 

To show its necessity in my State I offer the following report of the 

superintendent of education just published, which I ask leave to incorporate in my remarks, and I will trouble the Senate no longer. 

The report referred to is as follows: 

REPORT OF SUPERINTENDENT PALMER TO THE GOVERNOR. 

The following is taken from State Superintendent of Education Palmer's an- nual report-to the governor: DEPARTli~'T OF EDUCATION, 

Montgrmu?Jry, Ala., December 15, 1887.' 

Sm : In compliance with law, I have the honor of submitting the thirty-third annual report of this department, containing a full account of the condition of the public schools of the State for the year ending September 30, 1887, and such other information as the law makes it my duty to report to the governor. By an examination of the tables and the reports herein contained, you will see that our public schools are as prosperous as the meager school fund of the State would lead you to expect. The pressing want of our school system is more money, that the public schools may continue o, longer period each year, and that our t-eachers may be paid better salaries. N otwitbstanding the fact that the system is sorely crippled in its operations for the want of adequate funds to meet the constantly growing demands upon it, there is no doubt of its increasing popu- larity and usefulness. The advantages to be d erived from a good school sys· tem are more keenly felt by the great body of the people of the State t-o-day than ever before in its history. 

Fund for 1886-'87 was as follows: Una.pportioned balance from 1885--'86 .......... ....................•...•..••••..•.....• Interest on sixteenth section fund 18$5-'81, 6 per cent ....................... . Interest on valueless sixteenth section fund 1886-'87, 6 per cent ....... . Interest on United States surplus revenue, 4 per cent ......... .............. . Annual appropriation for 1886-'87 ... .. .•....... ............ ..... ....... ....•...•......... Amount from Baldwin County, act February 17, 1885 ... ............... ..... . Unexpended contingent fund, 1885--'86 ... ... .............. .........•.................. 

S3.421.28 

109,241.19 

5,825.47 . 

26,763.47 

230,000.00 245. 00 

.55 

Total fund certified by auditor, October 1, 1886. ...... .................. 375,496. 96 .Apportioned as follows: To counties and cities ..................................................... : .. S336, 867.32 To Florence Normal School............. ................................. 7,500.00 To .Jacksonville Norm11.l School................ ........................ 2, 500.00 To Livingston Normal School. ................. ......................... 2, 500. 00 To 1\Iarion Nmma.l School.............................. .................. 6, 000.00 To Huntsville Normal SchQol............................. ............... 4,000.00 To Tuskegee Normal School...... ...... ........................ ......... 3, 000.00 To educational contingent fund.................................. ...... 1, 000.00 To special appropriation, Winston County ...... ........... ...... 800.00 

----- 3i4,167.32 

Unapportioned balance..... ...... .............................................. ..... 1, 329.64 Amount credited to Baldwin County.. ............................ ' 245.00 Amount expended for institutes............ ........................... 500. 00 

745. 00 

Balance ................................ .............................. ... . : .................. . 584.64 

In addition t-o the above school fund, which was by law certified by the State auditor to this department, on the 1st day of October, 1886, and apportioned as shown above, there was collected and retained in the counties where collected : 

~~~t~~~t~~s~ld ~to~l·i~~·: ::::::::::::·:.:::::::::::::::::::::::::::::::::::::::::: $l ~;g~ ~~ Total fund not certified by auditor ......... ..... . ... ... ... ...... ......... ... ... ........ 140,492. 99 Total fund certified by auditor as shown above.. ............................... 375,496.96 Total State fund for year......... ............................................................ 515,989.95 

By reference to the special1·eports from the cities and separate school districts herein contained, it will be seen there was raised in them by local taxation or otherwise, enough to swell this amount to the sum of $600,000. The State fund was disbursed as follows: 

For pay of teachers of white schools ................. ................................. $291,884.40 For pay of teachers of colored schools.. ........ ........ ..... ....................... 194,380.92 For pay of salaries of county superintendents................................... 13,903. 2l For normal schools for whit-e teachers. ............................................... 12, 500. 00 For normal schools for colored teachers ........ ,.................................... 13; 000.00 For special appropriation to 'Vinston County............. ............... ........ 800. 00 For educational contingent fund ............ ................................. ...... ..... 851. 05 

Total State fund disbursed in counties ...... ........................ ........ 527,319. 88 

In former reports the amount of State funds disbursed in cities and separate school districts was included in this last total, but in t.his it is not, because in· cluded in theil" special reports elsewhere. 

To his Excellency THOlllAS SEAY, Gov£rnor of Alabama. 

/ 
876 CONGRESSIONAL RECORD-SENATE. FEBRUARY 1, 

MESSAGE FROM THE HOUSE. 

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

Clerk, announced that the House had passed the bill (S. 191) to make 

additional appropriation for the printing of the eulogies delivered in 

Congress on the late John A. Logan. 

The message furt.ber announced that the House had passed the following bills and joint resolution; in which it requested the concurrence of the Senate: 

A bill (H. R. 1338) to extend the leave of absence of employes in the 

Government Printing Office to thirty days per annum; -

A bill (H. R. 2216) for the relief of Thomas A. Osborn, and 

Joint reso1 uti on (H. Res. 23) authorizing the printing of 14,000 copies 

of the recent special report of the Chief of the Bureau of Statistics, 

Treasury Department, upon wool and the manufactures of wool. 

The message also announced that the House had passed the following concurrent resolution; in which it requested the concurrence of the 

Senate: 

Resolved by the House of Rep,.esentatives (the Senate con~1·1'ing , Tha~ there be 

printed 10,000 copies of the addresses delivered iu the House of Representatives on January 19,1888, upon the presentation of the portraits of Speakers Sedgwick, 

Varnum, and Banks, for the use of the House. 

EXECUTIVE SESSION. 

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

executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After thirty-eight minutes spent in ex- ecutive session the doors were reopened, and (at 4 o'clock and 55. minutes p.m.) the Senate adjourned until to-morrow, Thursday, February . 2, 18_88, at 12 o'clock m. . 

NO~UNATIONS. 

Executi'cenominations receil:ed by the Senate the 1st day of February, 1888. 

REGISTER OF LAND OFFICE. 

Willis Holmes, of Natchitoches, La., to be register of the land office 

at Natchitoches, La., vice William E. Russell, deceased. 

COLLECTOR OF CUSTOl\fS. 

Alonzo L . .Miles, of Maryland, to be collector of customs for the . Eastern district, in the State of Maryland, to succeed Southey F. Miles, 

whose resignation has been accepwd. 

POSTMASTERS. 

J. I. McConnell, to be postmaster at Woodland, in the county of 

Yolo and State of California, in the place of Frank A. Pedlar, whose 

commission expires February 4, 1888. 

Theodore S. Bassett, to be postmaster at Birmingham, in the county 

of New Haven and State of Connecticut, in the place of William J. 

Clark, resigned. 

Charles P. Bilderback, to be postmaster at Boise City, in the county 

of Ada and Territory of Idaho, in the place of Thomas B. Gess, resigned. 

James B. Lowrie, to be postmaster at Portland, in the county of Jay 

and State of Indiana, in the place of Bayard S. Gray, resigned. 

:Marion H. Ingrim, tQ be postmaster at Winllmac, in the county of .Pulaski and State of Indiana, in the place of John M. Baker, resigned. 

JosephS. Lake, to be postmaster at Marion, in the county of Linn 

and State of Iowa, in the place of' Norman E. Ives, resigned. 

1\'Iichael Griffin, to be postmaster at Frankfort! in the county of Marshall and State of Kansas, in the place of Benjamin McElroy, whose 

commission expires February 4, 1888. 

\Yilliam H. Macartney, to be postmaster at Oakland, in the county 

of Kennebec and ·State of Maine, in the place of George T. Benson, 

whose commission expires February 6, 1888. 

George R. Smith, to be postmaster at Kennebunk, in the county of 

York and State of Maine, in the place of Alexander W. Mendum, 

whose commission expired January 10, 1888. 

Joseph F. Woodrow, to be postmaster at Havre de Grace, in the 

county of Harford and State of llfaryland, in the place of Thomas M. 

Sumption, whose commission expired January 24, 1888. 

William Barton, to be postmaster atDalton, in the county of Berkshire and State of Massachusetts, in the place of William B. Claa:k, 

whose commission expires February 6,1888. 

Emory J. Landers, to be postmaster at Imlay City, in the county of 

Lapeer and State of Michigan, the appointment of a postmaster for the 

said office having, by law, become vested in the President from and 

after January 1, 1888. 

George F. Lewis, to be postmaster at Saginaw, in the county of Saginaw and State of Michigan, in the place of Henry J. Northrup, re- signed. · Benjamin F. Osgood, to be postmaster at Mendon, in the county of 

St. Joseph and State of Michigan, in the place of George W. Osgood, 

resigned. 

Dennis O'Brien, to be postmaster at Willmar, in the county of Kandiyohi and State of Minnesota, in the place of Nels M. Mossberg, re- signed. 

Daniel D. Wood ward, to be postmaster at Mexico, in the county of 

Audrain and State of Missouri, in the place of John Saunders, whose 

commission expired January 15, 1888. 

R. B. Henderson, to be postmaster at Henderson, in the county of 

Vance and State of North Carolina, in the place of Mrs. Rebecca J. 

Wyche, whose commission expired January 24, 1888. 

Orlo S. Rockwell, to he postmaster at Kent, in the county of Port- _ 

age and State of Ohio, in the place of Charles H. Barber, whose com- mission expired January 7, 1888. 

Elmore Adams, to be postmaster at Franklin, in the county of Vel_lango and State of Pennsylvania, in the place of David D. Grant, 

whose commission expired January 11, 1888. 

0. A. Traugh, to be postmaster at Hollidaysburgh, in the county of 

Blair and State of Pennsylvania, in the place of James M. Lingafelt, 

whose commL~ion expired January 11, 1888. 

Michael E. Lennon, to be postmaster at Hurley, in the county of 

Asllland and State of Wisconsin, the appointment of a postmaster for 

the said office having, by law, become vested in the President from and 

after October 1, 1887; the given name ofW. E. Lennon, who was con- firmed by the Senate January 10, 1888, having been found to be incorrect. ARMY PROMOTIONS. 

S econd Regiment of Cavalry. 

Second Lieut. Francis D. Rucker, to be fiTst lieutenant, January 31, 

1888, vice Roe, resigned. 

Fottrtlt Regiment of Artillery. 

Second Lieut. Clarence P. Townsley, to be first lieutenant, January 

16, 1888, vice Miller, appointed assistant quartermaster. 

Tltird Regiment of Infantry. 

Second Lieut. John H. Beacom, to be first lieutenant., January 20, 

1888, vice Gerlach, appointed regimental quartermaster. 

Paul Shillock, of Uinnesota, to be assistant surgeon with the rank of 

first lieutenant, January 31, 1888, vice Girard, promoted. 

CONFIRMATIONS. 

Executive nominations confirmed by the Sena.te January 30,1888. 

REVENUE SERVICE. 

Chief Engineer Horace Hassell, of New York, to be a chief engineer 

in the revenue service of the United States. 

Second Assistant Engineer Dennis F. Bowen, of New York, to be a 

second assistant engineer in the revenue service of the United States. 

First Assistant Engineer William H. Warren, of New Hampshire, to 

be a first assistant engineer in the revenue service of the United States. 

UNITED STATES 1\IARSHALS. 

James R. Jordan, of Virginia, to be marshal of the United States for 

the western district of Virginia .. 

Charles M. Stafford, of New York, to be marshal of the United 

States for the eastern district of New York. 

RECEIVERS OF PUBLIC :MONEYS. 

Charles P. Maginnis, of Morris, Minn., to be receiver of puhlic mon: 

eys at Duluth, Minn. 

Frank S. De Mers, of Fisher, Minn., to be receiver of public moneys 

at Fargo, Dak. 

John T. G. Crawford, of Fort Ogden, Fla., to be receiver of public 

moneys at Gainesville, Fla. 

AUred B. Charde, of Oakland, Nebr., to be receiver of public moneys 

at Niobrara, Nebr. 

REGISTERS OF THE LAND OFFICE. 

William M. Blanding, of St. Croix Falls, Wis., to be register of the 

land office at St. Croix Falls, Wis. 

John M. Adams, of Sidney, Nebr., to be register of the land office at Sidney, Nebr. . James M. Adams, ofYakima, Wash., to be register ofthe land office 

at Spokane Falls, Wash. 

John R. Whiteside, of Vermillion, Dak., to be register of the land 

office at Deadwood, Dak. 

William Colville, of Red Wing, l't!inn., to be register of the land 

office at Duluth, Minn. 

James Greeley, of Franklin, l't!.inn., to be register of the land office 

at Redwood Falls, Minn. . Richard Y. Hardin, of Brownsborough, Ky., to be register of the 

land office at Buffalo, Wyo. 

Frank W. Beane, of Salt Lake City, Utah, to be register of the land 

office at Blackfoot (formerly Oxford), Idaho. 

Gilbert W. Carrington, of Ashland, Wis., to be register of !he land 

office at Ashland, Wis. 

Henry Cornelius, of Menasha, Wis., to be register of tbe land office 

at Menasha, Wis. 

POSTl\IASTERS. 

Lord W. Hinman, to be postmaster at Lapeer, in the county of Lapeer and State of Michigan. 

William A. Fiske, to be postmaster at at Portsmouth, in the county 

of,Norfolk and State of Virginia. · 
1888. CONGRESSIONAL RECORD-HOUSE. -877 

Mrs. Frank A. Helm, to be postmaster at Corvallis, in the county of 

Benton and State of Oregon. 

Charles A. Wustum, to be postmaster at Billings, in the county of 

Yellowstone and Territory of Montana. 

Charles W. Price, to be· po3tmaster at Fort Benton, in the county of 

Choteau and Territory of Montana.. 

Joseph F. Wisecarver, to be postmaster at 1\fcMinnville, in the county 

of Yam Hill and State of Oregon. 

Charles E. Dudley, to be postmaster at Maryville, in the county of 

Lewis and Clarke and Territory of Montana. 

Thomas Hall, to be postmaster at Preston, in the county of Fill- more and State of Minnesota. 

Nels J. Benson, to be postmaster at Tower, in the county of St. 

Louis and State of Minnesota. 

Harry L. Atchison; to be postmaster at Chatfield, in the county of 

Fillmore and State ofl\Iinnesota. 

La. Fayette J. Fulton, to be postmaster at Casselton, in the county 

of Cass and Territorv of Dakota. 

Frank A~t, to be postmaster at Lead City, in the cotmty of Law- rence and Territory of Dakota. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, Febt·'u,ary 1,1888. 

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

H. MILBURN, D. D. 

The Journal of yesterday's proceedings wa>S read and approved. 

REPORTS OF COURT OF CLAIMS. 

The SPEAKER pro tempm·e laid before the House letters from the 

assistant clerk of the Court of Claims, transmitting copies of findings of 

fact by said court in the following cases against the United States, 

namely: C. C. Poindexter, C. W. Hunt, administrator, Mary E. \Veils, 

H. H. Dunnavant, and William K. Booe; which were severally referred 

to the Committee on War Claims. 

PENSIONS IN LIFE-SAVING SERVICE. 

The SPEAKER pro tempore. The Chair desires to ask unanimous 

consent to lay before the House, and have printed in the RECORD, a memoria.l from Mrs. Morrison·R. Waite, president of the Woman's National Relief Association, and other officers of the various branches of 

said .association in the United States, and have it referred to the Committee on Commerce; also eight other memorials signed by Roswell P. 

Flower and other citizens of the United States, -praying that those en- gaged in the Life-Saving Service may receive a pension in the event of 

being disabled in or through the exposure of the service, and their families in case of their death, the same at least a.s for military service. 

The memorial is as fdlows: · 

To the Senate and House of Representatives in Cong1·ess assembled: 

Your petitioners, members of the "Woman's National Relief Association for 

the Relief of t..he Shipw;recked," and others who sympathize with the brave and 

suffering, respectfully represent: 

1. That the Life-Saving Service, from a small beginning, has grown into mag- nificent proportions; that its stations are destined to occupy every prominent 

point of danger on our vast lines of lake and ocean front; 

2. That the extension of the service will increase the number of men exposed to the unusual hazards of this work; 

3. That already many of them have fallen before the fury of the elements, and 

found watery graves; that others have been disabled, and that wives and children have been left to the tender mercies of friends, common charity, and the 

poor-house; 

4. That it is a public injustice that men engaged in a work fraught with so much danger, and of so much v~lue to its beneficiaries in life and property, 

should receive compensation so disproportionate to the value of the service 

rendered, barely sufficient to meet their most common daily necessities, leaving 

nothing in reserve for the contingencies of fatality and disability; 

5. That thousands of lives and millions of property are annually saved ::::.nd 

will continue to be saved by this service, which has more danger than any military or naval service; that ultimately nearly every man in it will lose his life or be disabled from exposure; that it bas no emolument or !!timulant save a meager wage and the consciousness of heroic deeds ; 6. That all travelers upon the waters and all shippers feel safer from the knowledge that there are heroic men always at the point of danger, guarding it with 

sleepless vigilance, always on the lookout for the victims of the angry elements, 

and always ready to jeopardize life to save life; 7. That this is not merely a work for the safety of our own people; it knows no na tionality, extends a. helping hand alike to all; 

8. That its service and success a re matters of national pdde ; that the nation's honor, and the honor of every citizen loyal to the interests of humanity and the cry of distress, is compromised by the failure to provide ample compensation 

for the risks and work done and to be done, and to secure t-o the wives, children, 

and dependents of the victims of this grand benevolence adequate support; 

9. That these men would meet the dangers always before them and perform 

their wot"k with braver hearts and strongu arms, having the assurance that _death in the discharge of duty would not leave those dependent upon them paupers, no one will deny; 

10. Less than this is not merely injustice, it is crime. 

11. With due appreciation of the t\vo years' p ension already grunted to the 

families in case of death, we pray that these men may receive a. pension in the event of being disabled in or through the exposure of the service, and their 

families in case of their death, the same at least as for military service. 

WITHDRAWAL OF PAPERS. 

By una.nimous consent, leave was granted to Mr. OsBORNE to withdraw papers relating to the claim of A. G. Hoyte, for reference to the 

Committee on Claims, to be used in the consideration of House bill402l, 

• 

Fiftieth Congress; and to Jltfr. HUNTER, to withdraw from the files of 

the House, without leaving copies, the discharge paper in the case of 

Noah Palmer, filed in the Forty-ninth Congress. 

LEAVE OF ABSENCE. 

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

To Mr. BOWDEN, for three days from February 1, on account of 

important business. 

To Mr. TOWNSHEND; fQr one week, on account ofimportant business. 

URGENT DEFICIENCY BIJ,L. 

Mr. BURNES, from the Committee on Appropriations, reported a bill 

{H. R. 6437) to provide for certain of the most urgent deficiencies in 

the Departments for the service of the Government for the fiscal year 

ending June 30, 1888, and for other purposes; which was read a first 

and second time, referred to the Committee of the Whole House on the state oftheUnion, and ordered to be printed. 

Mr. HOLMAN and Mr. WEAVER reserved point.s of order on said bill. 

.Mr. BURNES. I ask leave to file the accompanying report to-morrow, to be printed with the bill. 

There was no objection, and it was so ordered. 

THOMAS A. OSBORN. 

Mr. MORRILL. Mr. Speaker, I ask unanimous oonsent to discharge 

the Committee of the Whole House on the Private Calendar from the 

further consideration of the bill (H. R. 2216) for the relief of Thomas 

A. Osborn and put it upon ita passage. 

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

The bill is as follows: 

Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, directed to pay to ThomasA. Osborn, late United States marshal for the district of Kansas, out of any money in the Treasury not otherW'Ise appropriated,the sum of 58, 701.96, on account of the loss of that amount of public funds uy the failure of the banking-house of E. H. Gruber & Co., on the Gth day of October, 1886, the loss being. 

without neglect or f11.ult on the part of said Thomas A. Osborn. 

Mr. BLOUNT. Is this reported unanimously from the committee? 

Mr. MORRILL. It is the unanimous report of the Committee on Claims. 

Mr. HOLMAN. Let the report be read. 

The report (by Mr. TAULBEE) was read, as follows: 

. The Committee on Claims, to whom was referred th~ bill (H. R. 2216) for the 

relief of Thomas A. Osborn, adopt the annexed report of the Committee on Claims made in the Forty-ninth Congress, and recommend the passage of the 

bill with the following amendment: 

Add to the bill the following words: ''Provided, It shall be proven to the satisfaction of the SeCI·etary of the Treasury that said money was lost without fault or nt!gligence upon the part of said Osborn." 

''t[House Report No. 3104, Forty-ninth Congress, first session.] · 

"The Committee on Claims, to which was referred the bill (H. R. 9008) for the 

relief of Thomas A. Osborn, having carefully considered the same, reports: 

"That the claimant, Thomas A. Osborn, was United States marshal for the 

district of Kansas in October, 1866, and for over two yearsl(>rior thereto; that as such marshal certain money of the United States came into his hands to defray 

United States court. expenses for his district; that his office as marshal was in 

the city of Leavenworth, Kans., in a room immediately over the banking house 

of E. H. Gruber & Co.; that the Government furnished no safe or other deposit- ory in which the claimant could deposit the public money in his hands. "It had been, and was on the said 6th day of October, 1866, the custom of the 

claimant, on receiving advances from the Government for the court expenses, to deposit the same with the said banking firm of E. H. Gruber & Co.; that the 

said firm was regarded by the business community of said city as being per- fectly safe; the leading and best citizens made their deposits with said bank; 

that on October 1,1866, the claimant had a. balance in said bank, of funds belonging to the United States, of $2,966.59 i that on said 1st day of October hereceh·ed from the Treasury of the United States the further sum of $6,596 for the purpose of paying the expenses of the October term of the United States district 

court, which sum he also deposited in said bank on said lst day of October, 1866; 

that on the 6th day of October, 1866, the said banking house of E. H. Gruber & 

Co. failed, having at the time of failure the sum of $9,562.59 of t-he moneys of the 

United States to the credit of the claimant as United States marshal; that the 

claimant at once made good said amount to the United States. "The committee is of the opinion that the claimant used due care in bandling the said money of the Unit-ed States, and that the loss was in no way the result 

of any negligence on his part. "In February, l867,the late Hon.l\iarkW. Delahay, then United States district 

judge for Kansas, made the following statement: 

"'I have been perfectly conversant with l\1arshal Osborn's manner of doing 

business since his appointment. I know that he has been doing his banking 

business through the house of E . H. Gruber & Co. This house I considered one of the safest in the locality until it failed, on the 6th of October, 1866. "• I beli~vetbatMarshal Osborn has guarded with unusual diligence the inter- est of the Government, and that he is in no way to blame for the loss which oc- curred with E. H. Gruber & Co. Many of the best business men in Leaven worth were doing business with said firm at the time of its failure. 1 had been doing my banking business with said firm for years. "'l\fARK W. DELAHAY, 

"'Uniled States District Judge for Kansas.' 

"The committee concurs in the opinion expressed in the statement just cited. 

It is shown to the committee by competent evidence that the claimant received 

from the assignee of said firm of E. H. Gruber & Co. 9 per cent. of said sum of !1 62.59 and no more. The committee is of the opinion from all the facts and 

circumstances attendi.ng the loss that the sum of $8,701.96 should be paid the 

cla imant. 

"The committee returns bill H. R. 9008 with the recommendation that the same do pass." 

In further support of the bftJ. we incorporate, as a part of the report, the following affidavits: 

"UNITED STATES OF AMERICA, Dist1-iet of Columbia: 

"Thomas A. Osborn, being first duly sworn, deposes and says that in October, 

1866, and for two years prior thereto, he was marshal of the United States for the 

district of Kansas; that as such marshal money was advanced to him by the