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8722 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

The SPEAKER announced as conferees on the part of the House Mr. 

HENDERSON of Iowa, l\Ir. CANNON, and lt!r. BRECKnRIDGE of Kentucky . 

.l\fr. Mol\ITLLIN. I move that the House do now adjourn. 

Mr. HOPKINS. I move that the Honse do now adjourn. 

CUSTOl1S DISTRICT OF PGGET SOUND. 

Mr. SWENEY. Mr. Speaker, I present a conference report. 

Mr. McMILLIN. A motion to adjourn is pending. 

The SPEAKER. The gentleman from Iowa presents a conference 

report. 

Mr. McMILLIN. But a motion to adjourn was made before the 

. gentleman presented his report. 

The SPEA_KER. The Chair recognizes the gentleman ta present the 

conference report. 

The Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendment..'! of the H .use to the bill (8.3163) to reorganize and establish the customs- collection district of Puget Sound, having met, after full a.nd free conference hn.ve agreed to recommend nod do recommend t-0 their respective Houses as follows: That the Senate recede from its disagreement to the amendment of the House numbered 1, and agree to the same with a-n amendment as follows: Restore the section stricken out and in lieu of the words "four thousand," where they occur in said section. insert the words "three thousand five hundred." That the House recede from its amendment numbered 2. 

JOHN LIND, 

J. H. SWENEY, FELIX O.A.l\1PBELL, 

Managers on tM part of tM House. 

J. N. DOLPH, 

S. M. CULLOM, 

A. P. GORMAN. 

Managers on the pcrrt of the Senate. 

STA..TE.llE-ST OF THE HOUSE CONFEREES. 

The manageni 011 the pa.rt of the House of the conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 3163) to reorganize a.nd establish the customs-collection district of Puget Sound, submit the following written statement in explanation of the effect of the a.ct.ion rec- ommended on said amendments in the accompanying conference report, 

namelv: 

On the first amendment: The salary of the collector is fixed at 83,500 per an- num instead of $-1,000 as provided in the Senate bill and $3,000 a.s proposed by the House. The salaries of the deputy collectors at Tacoma and Seattle are re- spectively fixed at $2,000 per annum instead of leaving the amount to be fixed by the Secretary of the 'l'reasury under the general law as proposed by the House amendment. On the second amendment: The last section of the bill is numbered 4 by rea- son of the insertion of the amendment above explained. . JOHN LIND, .J. H. SWENEY. FELIX CAMPBELL, 

.Managei·s on the part of the House. 

The SPEAKER. The question is on the adoption of the report of 

the conference committee. 

Mr. BRECKINRIDGE, of Kentucky. I ren€w the motion to adjourn. The report of the conference committee can go into the RECORD, and we can act on it on Monday. 

Mr. SWENEY. I would ask the ''Senator'' from Kentucky if he will 

not yield, for this has been pending for several weeks. 

Mr. Mcl\HLLIN. It can be printed in the RECORD and go over. 

Mr. BRECKINRIDGE, of Kentucky. I might haveyieldedhadnot 

the gentleman cast that slight upon me by calling me "the Senator 

from Kentucky." The House is much the superior body in the present condition of public affairs, when the Senate is a deliberative body 

and we are not; and I prefer to be in the House, as we can get through 

business. Therefore I renew the motion to adjourn. [Laughter.] 

The question was put, and carried. 

LEA VE OF ABSENCE. 

Pending the announcement of the vote, by unanimous collilent, leav" 

of absence was granted as follows: 

To Mr. UcAnoo, for four days, on account of sickness in his family. 

To l\fr. STIVERS, indefinitely, on account of sickness in his family. 

To Mr. BowDEN, for three days, from Monday next, on account of 

sickness in his family. 

And then (at 4 o'clock and 53 minutes) the House adjourned until 

Monday, August 18, at 12 o'clock m. 

REPORTS OF COMMITTEES. 

Under clause 2 of Rule XIII, reports of committees were delivered 

ta the Clerk and disposed of as follows: 

Mr. HILL, from the Committee on Pensions, reported with amendment the following bills of the Honse; which were severally referred 

to the Committee of the Whole House: 

A bill ( H. R. 11171) ~ran ting an increase of pension to Ed win Reeder, 

late a member of Company A, First Tennes.see Infantry, in the war with Mexico. (Report No. 2979.) 

A bill (H. R. 10898) to increase the pension of Daniel P. Roberts, 

late a second lieutenant in Company F of the Third Regiment of Missouri Volunteers, in the war with Mexico. (Report No. 2980.) 

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

favoiably the bill of the Senate (S. 3927) ·granting a pension to Maria 

E. Baker, accompanied by a report (No. 2981)-to the Committee of the 

Whole Honse. 

Mr. HAYES-, from the Committee on the Post-Office and Post-Roads, 

to which was referred the bill of the House (H. R. 11569) to amend 

certain sections of the Revised Statutes relating to lotteries, and for 

other purposes, in behalf of the minority of said committee, submitted 

his views in writing thereon; which were ordered to be printed as Part 

2 of Report No. 2844-to the House Calendar. 

l\Ir. BELKNAP, from the Committee on Invalid Pensions, reported 

with amendment the bill of tlle House (H. R. 5093) for the relief of 

Margaret A. Myers, accompanied by a report (No. 2982)-to the Com- mitte~ of the Whole House . 

Mr. DE LANO, from the Committee on Pensions, reported with 

amendment the bill of the House (H. R.11075) for the relief of John B. 

Roper, accompanied by a report (No. 2983)-to the Committee of the 

Whole House. 

PRIVATE BILLS, ETC. 

Under clause 1 of Role XXII, private bills of the following titles 

were presented and referred as indicated below: 

By :Mr. CHEADLE: A bill (H. R. 11767) granting a pension to Lavinia M. Pavne-to the Committee on Invalid Pensions. 

By'lli. FUNSTON: A bill (H. R. 11768} to increase the pension of 

George l\fack-to the Committe on Invalid Pensions. 

By Mr. STONE, of Kentucky: A bill (H. R. 11769) for the relief of 

the legal representatives of H. Corthes, deceased, of Ballard County, 

Ky.-to the Committee on War Claims. 

By Mr. WHEELER, of Alabama: Abill(H. R.11770)grantinga pension to Benjamin Donnell-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11771)°for the relief of the widow of Asberry G. 

M. Ed wards-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11772)- for the relief of the heirs of William 

Farmer and Jeremiah Farmer-to the Committee on Pensions. 

By Mr. WILSON, of MissouTi: A hill (H. R. 11773) granting an increase of pension to Mrs. l\Iary B. Cushing-to the Committee on Invalid 

Pensions. · 

PETITIONS, ETC. 

Under clause 1 of' Rule XXII, the following petitions and papers 

were laid on the Clerk's desk and referred as follows: 

By Mr. CARUTH: Resolutions of August Willich Post, No. 132, 

Grand Army of the Republic, of Louisville, Ky., favoring preference 

being given to ex-soldiers: sailors, and marines of the late war in all 

appointments in the civil service-to the Committee on Military Affairs. 

By Mr. FUNSTON: Petition asking that the charge of desertion 

against John Kinchlow be removed-to the Committee on Military 

Affairs. 

By Mr. JOSEPH: Memorial of the board of county commissionern 

of Bernalillo County, New Mexico, praying for the passage of House 

bill 975, providing for the confirmation of the title to certain lands to 

the town of Albuquerque, N. l\Iex.-to the Committee on Private Land 

Claims. 

By Mr. WILSON, of Missouri: Petition of Mrs. Mary B. Cushing 

and others for an increase of pension for Mrs. Cushing-to the Committee on Invalid Pensions. 

SENATE. 

MONDAY, August 18, 1890. 

The Senate met at 10 o'clock a. m. 

Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. 

The Journal of the proceedings of Saturday last was read and approved. · 

SEN.A.TE CLOCK. 

?\Ir. EDMUNDS. ~Ir. President, I rise to what may be considered 

parUy a privileged motion and partly a petition. Many of ns have 

observed here in the last three or four weeks that our Senate clock, 

which regulates the meeting of the Senate, varies from day to day>ery 

considerably. It is three minutes faster this morning than it was on 

Saturday, and it is a great inconvenience to Senators who wish to attend at the very opening, as most of us I hope do. I therefore ask unanimous consent that the Sergeant-at-Arms be instructed to procure, as 

soon as possible, a new and suitable clock to take the place of the one 

we now have. 

The PRESIDENT pro tempore. The Chair has been several times 

embarrassed by the eccentricities of the clock. If there be no objection, the Sergeant-at-Arms will be directed to procure a clock tor the use of the Senate in accordance with the suggestion _of tbe Senator 

from Vermont. 

Mr. BLAIR. I suggest that the Sergeant-at-Arms be also directed 

to procure one that will not be liable to the eccentricities of our clock at 

the close of the session. 
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1890. CONGRESSIONAL RECORD-· SENATE. 8723 

PETITIONS AND l'lfEYORIALS. 

1\Ir. SPOONER presented a petition of citizens of Rhinela.nder, Wis., 

-praying for the passage of House bill 11272 relative to th? sale of certain lands in Wisconsin; which was referred t.o the Committee on Public Lands. 

Mr. QUAY presented resolutions adopted by the Cincinnati (Ohio) 

Chamber of Commerce and Merchants' Exchange, urging the immediate passage of the river and harbor bill; which were ordered to lie on the table. 

Mr. BUTLER 'presented resolutions of the city council of Colum- ~ia, S. C., in relation to the eq~estrian statn.e of General Marion; 

which were referred to the Committee on the Library. 

ESTATE OF CHARLES F. BOWERS. 

l\Ir. HAMPTON. I am directed by the Committee on Military Affairs to whom was referred the bill (H. R. 11491) for the relief of the 

estate of Charles F. Bowers, to report it favorably, without amendment, and I ask unanimous consent that the bill may be vut upon.its 

passaae now. It nassed the Senate a few months ago after havmg 

passed the House of Representatives, and w~s ~ent to the Presidei;it. 

It was found by him that there was an error m it-that no appropnation was made by the bill to pay the claim. The appropriation required 

is only $230 and l am anxious to have the bill passed. 

The PRESIDENT pro tempo1·e. The bill will be read at length for 

information, subject to objection. 

The Chief Clerk read the bill, as follows: 

Whel'eas, on or about the 9lh day of August, A.D.1862, 911arles F .. Bowers, then .first lieutenant a.nd regimental quartermaster of the Eighth Regiment of New J~rsey Volunteers, did receive from George H. Weeks, then captain ~d 

assistant qu1utermaster of United States volunteers, the sum of $230, bemg funds of the United States belonging to the Quartermaster Deparbn.ent of the Army and was unable technically to "account" for the same. as required by the rules of the Treasury Department, beca.use of the loss and destruction of his official books and papers during the campaign of 1862 under General John 

Pope; Whereas and · h h. dA d·t ' Offi fth itappears by the evidence on file mt eT ir u i ors ce o e Treasury Department that the said money was. nevertheless. actually and .law- fully disbursed by th~ said Charles F. Bowers lD the execution of the duties of his said office though unable to furnish formal vouchers therefore because of said loss and destruction of his said books and papers : Therefore, Be it enacted., etc., That th~ Secretary.of the Treasury pay, out of any money in the Treasury not otherwise appropriated, to the legal personal representa- tive or representatives of the late Charles F. Bowers, of Newark, N. J., the sum 

of $230. 

Mr. EDltIDNDS. Is there a written Ieport? . The p RESIDENT pro tempore~ There is a report sn bm1 tted on a former occasion. 

Mr. HAMPTON. I will state for the information of the Senator 

from Vermont (and I can make it shorter than to have the report read) 

that this bill was unanimously reported by the Military Committee of 

the Senate and passed the Senate after having passed the House, and 

it went to the President· bnt in the original bill no provision was made 

for the appropriation or'$230. The President returned the bill to the 

other House. The bill has again passed there and come back to the 

Senate merely conrecting that error. · Mr. EDMUNDS. The President sent it back with a veto? 

Mr. HAMPTON. Oh, no; he sent it back calling attention to this 

mistake. 

Mr. EDl\IDNDS. I do not think it is necessary t.o read the report. 

The PRESIDENT pro tempore. If there is no objection, the bill is 

before the Senate as in Committee of the Whole. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and nassed. 

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

-preamble. 

Mr. EDMUNDS. The word "therefore" occurs in the preamble. 

It should be corrected to "therefor." It may be, however, that it is 

at the end of the preamble. 

The PRESIDENT p1·0 tempore. No, it occurs in the third line before 

the close of the preamble. It is evident.ly a mistake in the spelling 

that can be corrected in the enrollment of the bill without a formal 

amendment. The final "e" will be stricken ont. 

Tbe preamble was agreed to. 

PRINTING OF SENATE RULES. 

Mr. MA.1''DERSON, from the Committee on Printing, to whom was 

referred the resolution submitted by Mr. ALDRICH on the ll~h instant, 

reported it without amendment; and it was considered by unanimous 

consent, and agreed to, as follows: 

Ordered, That 5,000 copies of the Rules of the Senate be printed separately in 

pamphlet form. 

EXTRA COPIES OF A BILL. 

l\Ir. MANDERSON. I am directed by the Committee on Printing to 

report back fuvorably with ~erroin amendments th.e order for p~ting 

additional copies of House bill 9014, and I ask for its present consideration. 

The PRESIDENT pro tempore. The resolution will be read. 

The resolution submitted by Mr. EVARTS on the 5th instant was read, as follows: 

Ordered, That 750 additional copies of the bill (H. R. 9014.) to define and !egu- late the jurisdiction of the courts of the United States, as reported, be pnnted for the use of the Senate. 

Mr. EDMUNDS. Does that include the draught submitted by the 

minority of the committee? 

Mr. 1\IANDERSON. A draught of the bill? 

Mr. EDMUNDS. Yes; with our majority bill. 

Mr. MANDERSON. f would say not, because naturally that would 

not be part of the report. I did not know there was a bill saggested 

by the minority. _ 

Mr. EDMUNDS. Oh, yes. I move to amend the resolution by saying "and of the amendment submitted by the minority of the committee." 

Mr. MANDERSON. I should think that would be well. I did not 

know there was a minority bill. 

Mr. COCKRELL. Both ought to be printed together. 

])fr. :MANDERSON. They will be under this order. 

The PRESIDENT pro tempore. If there be no objection to the present consideration of the resolution, the question is on agreeing to the 

amendment to insert the words ''and of the amendment submitted by 

the minority of the committee." 

The amendment was agreed to. . The PRESIDENT pro tempore. The amendments of the committee will be stated. • The CHIEF CLERK. Strikeout "750" and insert "1,000," and at 

the close of the resolution add the words ''and be placed in the docu- ment-room;" so as to make the resolution read: 

Resolved, That 1,000 additional copies of the bill (H. R. 9014) to define and regu- late thejurisdic.tion of the courts of the United States, and of theAmend.ment. submitted by the minority of the committee, as r.eported, be printed for the use of the Senate, and be placed in the document-room. 

The PRESIDENT pro tempore. The question is on agreeing to the amendments reported by the committee. 

The amendments were ruzreed to. 

The resolution as amended was agreed to. 

RELATIONS WITH CANADA. 

Mr. MANDERSON. I am instructed by the Committee on Printing to report back favorably theooncurrentresolution which I send to 

the desk with simply a verbal amendment, and I ask for its present 

consideration. 

The PRESIDENT pro tempore. The concurrent resolution will be 

read. 

The concurrent -resolution submitted by Mr. HOAR on the 13th 

instant was read, as follows: 

Resolved (the House of Representatives concurring), That 3,000 copies of the testi- mony taken by the Select Committee on Relations with Canada be printed, 1,000 of which shall be for the use of the Senate and 2,000 for the use of the House of Representatives. 

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

The amendment of the Committee on Printing was to insert after 

the first word, ''Resolved,'' the words '•by the Senate.'' 

'l'he amendment was agreed to. 

The resolution as amended was agreed to. 

A.M.~DMENT TO GEKER.AL DEFICIESCY BILTJ. 

Mr. ALLEN submitted an amendment intended to be proposed by 

him t.o the general deficiency appropriation bill; which was ordered to 

lie on the table. 

DISCRillINATION AGAINST AMERICAN P.RODUCTS. 

1t1r. EDMUNDS. I suppose this is a proper time to give notice of 

offering an amendment. I give notice and submit to have printed, so that I can offer it and it will be understood, an amendment to what is 

called the tariff bill, when the proper stage of the bill is reached. 

The PRESIDENT pro tempore. Does the Senator desire to have it 

read? 

Mr. EDMUNDS. Oh, yes; it should be read for information, I think. 

The PRE8IDENT pro tempore. The proposed amendment will be 

read. 

The Chief Clerk read as follows: 

Amendment intended to be proposed by Mr. EDMUNDS to the bill (H.H.9416) to reduce the revenue and eqll.d.lize duties on imports, and for other purposes, Add as a. new section, aftbr section 32, of the bill as reported by the Commit- tee on Finance, page 179: "SEC. - That whenever the President. shall be satisfied that unjust discrimi- nations are made by or under the authority of any foreign state ~inst the importation to or sale in such foreign state o~ any product. of thi:: Un?ted St~tes, 

he may direct that such products of such foreign state so d1scrimmatmg agamst any product of the Uni.led Stcltes, as he J'.!laY deem proper, shall be excluded fr?m 

importation to the Umted States; and lD such case he shall make proclamation of his direction in the premises, and therein name the time when such dir~ction 

against importation shall take elfec.t, and after such date the i.mpo.rtat1on ot the articles named in such proclamation shall be unlawful. The President may at any time revoke. modity, terminate, or renew any such direction as, in his opinion, the public interest may require." 

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8724 CONGRESSIONAL RECORD-SENATE. I • AUGUST 18, 

·1fir. EDMUNDS. I desire to say for the information of the Senate 

that that amendment which I intended to propo e to the tariff bill is 

in the identical words, in all respects, of one of the sections in what h5 

called the meat bill that has passed unanimously, or almost unanimously, at two or three different sessions, and which bas never come t-0 

be a law because it does not seem to be able t-0 get any further than 

the Senate. 

The PRESIDENT pro tempol'e. The amendment wiU be printed. 

Shall it be referred or lie on the table? 

Mr. EDMUNDS. I~et it lie on the table. 

Mr. REAGAN. I do not know that I understood the exact reading. 

Does that simply mean to retaliate in kind? 

Mr. EDMUNDS. In kind and in degree. 

Mr. REAGAN. Our exports of that kind are so small I do not see 

how that will do any good. 

Mr. EDMUNDS. If my friend means retaliation in kind, that if the 

French, for instance, will not receive American pork we will not receive French pork, it does not mean that, bnt it would give the President the power to say that we would not receive French wines, and particularly adulterated wines. 

Mr. REAGAN. If that is so it will do, but I did not understand 

the reading ot it that way. 

Mr. EDMUNDS. That is the way it is. 

The PRESIDENT pro tempore. The proposed amendment win lie 

on the table, and be printed. 

DUTIES ON SUGAR. 

Mr. EDl\IUNDS. I wish to submit another amendment that I i ntend in a certain contingency to propose to the tariff bill. It is in the 

same words, and, indeed, is the same pa per that was presented to the CoLUmittee on Finance when the same subject was under consideration h rn 

years ago, relating to sugar. I should like to have the amendment reat1 , 

and I think it had better be referred to the Committee on Finance afte r 

it is read, and ordered to be prinied. 

The amendment was read, ordered to be printed, and referred to the 

Committee on Finance, as follows: 

Tha.t whenever the President of the United States shall be salisfied that any sugar-producing country, whence sugar is exported to the United Stntes, .has abolished its dnties or ta xes upon the importation of the principa l agricultural 

products of the United t.ates. he may by proclamation diminish or wholly re- mit the duties imposed by law upon sugar or auy clasl! thereof produced in and exported direct from auy such country to the United States for such period of time as he shall think fit, so long as such products of the United States are ad- mitted free of duty or taxes into such country and no longer. 

BUSL.~.ESS OF THE SESSION. 

Mr. QUAY. I offer a resolution for the adoption of certain orders of 

business for the present session of the Senate, notice of the introduction of which I gave on Saturday. 

The PRESIDENT pro tempore. The proposed resolution will be read. 

The Chief Clerk read as 1ollows: 

.Resoh•ed, That the following orders be adoptej for the goYernment of the Senate during the present session of Congres3 : Orde1·ed, 1, 'fhat during the present session of Congress the Senate will not take uo for consideration any legislative business other lhan the pending bill (H. R. 9416) ; conference reports; gene ral appropriatio n bills; pension bills; bills xelating to the public lands, to the United States courls, to the postal service, to agnculture and forestry, to public buildings; and Senate 01· concurrent. reso- lutions. 

Ordered, 2, That the consideration of all bills othe r than such as are mentioned in the foregoing order is hereby postponed until the session of Congres3 to he held on the first Monday o f December, 1890. Ordered, 3, Tbata vote shall be taken on the bill (H. R. 9416) now under con- sideration in t.he Senl\te, and upon amendments then pending, without further debate, on the 30th day of August, 1890, the voting to commence at 2 o'clock: p. m . on said day and to continue on that and subsequent days, to the exclusion of all other bu ine~, until the bill and pending amendments are finally dis- posed of. For the foregoing stated purpose the following Rules, namel:r,_ VII, VIII, IX, 

X, XII,:A."1.X,X.XU,X:XVII,XXVllI,X:XXV, and XL, are modined. 

Mr. HOAR. Let that go over, Ur. President. 

The PRESIDENT pro tempol'e. The resolution will lie over under 

the rule. 

Mr. EDMUNDS. And be printed. 

The PRESIDENT pro tempore. And be printed. 

ADDl'.fIONAL CLERIC.A.I, FORCE. 

The PRESIDENT pro tempore laid before the Senate the action of 

the House of Representatives non-concurring in the amendments of the 

Senate to the bill (H. R. 11380) making appropriations for additional 

clerical force.and other expenses to carry into effect tbe act entitled 

"An act granting pen ions to soldiers and sailors who are incapacitated for the performance of manual labor, and providing for pensions 

to widows, minor children, and dependent parents," from July 20, 

1890, for the balance of the fiscal year ending Jnne 30, 1891, and asking a conference with the Senate on the disagreeing votes of the two 

Houses thereon. 

Mr. HALE. I ruove that the Senate insist upon its amendments 

and agree to the conference asked by the House . The motion was agreed to. 

By unanimous consent, the President pro tempore was authorized to 

appoint the conferees on the part of the Senate; and Mr. ALLISON, Mr. 

DA WES, and Mr. COCKRELL were appointed. 

LAW BOOKS FOR HOW ARD UNIVERSITY. 

The PRESIDENT pro tempore laid before the Senate the amendment of the House of Representatives to the joint resolution (S. R. 71) 

directing the Librarian of Congress, the librarian of the Senate, the 

librarian of the House of Representatives, and the librarian of the Department of Justice, respectively, to deliver extra or duplicate copies 

of law books to the Jaw department of the Howard University; which 

was, in line 8, after the word "service,,, to insert: 

Provided, That there shall be left in each of said libraries not. less than two copies of each book. 

Mr. EDMUNDS. I think that is right. That leaves the recent 

copies. They can take the old ones. 

The PRESIDENT pro tempore. The Chair understands the Senator 

from Vermont to move that the Senate agree to the amendment made 

by the House of Representatives. 

Mr. EDMUNDS. I think that is the best way. 

The PRESIDENT pro tempore. The Senator from Vermont moves 

that the Senate concur in the amendment made to the bill in the House 

of Representatives. 

The amendment was concurred ~n. 

1\I.ESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had agreed to the report of the 

committee of conference on the disagreeing votes of the two Houses on 

the amendments of the House to the bill (S. 3163) to reorganize and 

establish the customs-collection district of Puget Sonnd. 

Tbe message also announced that the Honse insisted upon it.s amendments to the joint resolution (S. R. 120) appropriating money to the 

Territory of Oklahama to relieve destitntion therein, agreed tot.be conference asked by the Senate on the disagreeing votes of the two Houses 

thereon, and bad appointed Mr. HENDERSON of Iowa, Mr. CANNON, 

and l\Ir. BRECKINRIDGE of Kentucky managers at the conference on 

its part. THE REVENUE BILL. 

?l'lr. ALDRICH. Is the morning business completed? 

The PRESIDENT pro tempore. Is there further morning business? 

If there be none, that order is closed. 

Mr. ALDRICH. I move that the Senate proceed to the con~ideration of House bill 9:116. 

The PRESIDENT pro tempore. The Senator from Rhode Island 

mo>es that the Senate proceed to the consideration ot the bill (H. R. 

9416) to reduce the revenue and equalize duties on imports, and for 

other purposes. 

The m;;;ttio was agreed to. 

DEFICIENCY APPROPRIATION BILL. 

Mr. HA . I ask that the unfinished busine~ be temporarily laid 

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

deficiency appropriation bill. 

The PRESIDENT pro lempore. The Senator from Maine asks unanimous consent that the unfinished busin~ be informally laid aside, 

and that the Senate proceed to consider the bill (H. R. 11459) makiniJ: 

appropriations to supply deficiencies in the appropriations for the fiscal 

year ending J nne 30, 1890, and for prior years, and for Qther purposes. 

Is there objection? The Chair hears none. Mr. HOAR, Mr. President--

The PRESIDENT pro tempore. Docs the Senator rise to object? 

~fr. HOAR. No, sir; but I desire at this time to ask also unani- mous consent in relation to the bill now up. 

The usual order for paying the contestan~ for seats in the Senate 

from the State of Montana was reported from the Committee on Privileges and Elections bytheSenatorfrom Delaware [Mr. GRAY], chairman of the subcommittee to whom that subject was committed, and 

h~ been inserted in the deficiency bill. A small bill for counsel fees, 

such as bas been usual for the Senate to allow in favor of the sitting 

Senators, was handed to me la.st week and I sent it to the Senator 

from Delaware [Mr. GRAY], but he has not been in the Chamber since 

that time. I am afraid be did not receive it. I therefore ask unani- mous consent that it may bfl in order to offer that amendment without 

regard to its not having been previously referred to the Committee on 

Appropriations. 

The PR:&3IDENT pro tcmpore. The Chair understands the request 

of the Senator from Massachusetts to be that the question of order be 

waived concerning the amendment he propo~es to offer to the deficiency 

appropriation bill. The Chair hears no objection. 

The Senate, as in Committee of the Whole, proceeded to consider the 

bill {H. R. 11459) making appropriations to supply deficiencies in the 

appropriations for the fiscal year ending June 30, 1890, and for prior 

years, and for other purposes; which had been reported from the Committee ou Appropriations with amendments. 

The PRE::HDENT pro teuipore. The bill will be read at length. 

Mr. HALE. I ask that the formal reading be dispensed with, and 

that as the bill is read the committee amendments may be acted upon. 

The PRESIDENT pro tempore. The Senator from Maine asks unanimous consent that the formal reading of the bill may be waived and 

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1890. :· CONGRESSIONAL REOORD-SENATE. 8725 

that the amendments of the Committee on Appropriations may be acted 

upon as they are reached in the text of the bill. The Chair hears no 

o~jection. 

The Chief Clerk proceeded to read the bill. The first amendment 

of the Committee on Appropriations was, under the head of ''Department of State," on page 2, in section 1, after line 10, to insert: 

International boundary survey, United States and l\lexico: To enable the 

President to execute the engagements of the convention of July 29, 1882, between the United States of America. and the United States of Mexico, providing for an international boundary survey to relocate the existing frontier line between 

the two countries west of the Rio Grande, and the convention of February 18, 

1889, between the United States of America and the United States of Mexico, 

$75,000, in addition to the $100,000 appropriate d by the act of March 3, 1885. , 

The amendment was agreed to. 

The next amendment was, in section 1, on page 2, after line. 22, to 

insert: 

United States and Venezuelan Claims Commission: To enable the Secretary 

of State to meet a. deficiency in the appropriation for the contingent expenses of the United States and Venezuelan Claims Commission, tl..te same being for 

clerkal assistance and compensation of the agent of the United States, i9,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 3, after line 3, to insert: 

Publication of i·eports of International Conference; That nothing in the ·act entitled ''An act making appropriations for the diplomatic and consular service 

of the United ~tat.es for the fiscal year ending June 30, 1891," shall be construed to interrupt, delay, or prevent the prompt translation, publication, and distribution of the reports and proceeding~ of the International Conference. 

The amendment was agreed to. 

The next amendment wa.s, iu section 1, on page 3, after line 17, to insert: · 

Rent of legation building at Tokio, Japan: That the appropriation ma.de by 

the diplomatic and consular appropriation act approved July 14, 1890, for rent of 

legation buildings in Tokio, Japan, for the year ending March 15, 1890, shall be 

available and may be used for the year ending March Hi, 1891. 

The amendment was agreed to. . 

The next amendment was, in section 1, on page 4, after line 20, to 

strike out the following clause: 

Remains of HaiJe C. T. Nye: To defray the expenses of bringing home the 

remains of the late Lieut .. Haile C. T. Nye, United States Navy..! who died while 

acting as naval attache at the legation of the United States at Lima, Peru, $600. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 5, after line 22, to 

insert: 

To meet deficiency in appropriation for contingent expenses of United States 

consulates, &40,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 5, after line 24, to 

insert: ~ ~ 

That the accounting officers of the Treasury be, and they a.Uerehy, authorized and directed, in the settlement oft he accounts of the Jat»fi~rge Walker, 

consul-general at Paris, to credit him with the sum of $800, expended by him 

for storage of archives of the consulate-general, under authority of the Depq,rt- ment of State, while in charge of the United States consulate-general at Paris, 

and not heretofore allowed in his accounts. 

The amendment was agreed to. 

The next amendment was, under the head of'' Smithsonian Institution," in section 1, on page 8, line 25, before the word "Commission,·' 

to insert "Fish;" so as to make the clause read: 

To reimburse the Smithsonian Institution for expenses incurred in the ex- change of the publications of the Fish Commission for those of foreign coun- tries, being for the service of the fiscal year, 1889, li215.20. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 9, after line 3, t-0 

insert: 

To ~nable the Secretary of the Smithsonian Institution to purchase from 

Fl·ederick S. Perkins, of Wisconsin, his collection of prehistoric copper implements, $7,000. 

Tbe amendment was agreed to. 

The next ameqdment was, in section 1, under ''Treasury Department," on page 9, after line 20, to insert: 

For post-office at Dayton, Ohio: For completion of building in excess of limit, 

$10,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 10, after line 2, to 

insert: 

For court-house and post-office at Pittsburgh, Pa.: For henting apparatus, elevators, and approaches, Sll0,000. 

The amendment was agreed to. • The next amendment was, in section 1, on page 11, to strike out the 

clause from line 9 to line 11, inclusive, as follows: 

Lubec Narrows Light Station, Maine: For completing the light-house and 

fog-signal at Lubec Narrows, 1.Iaine, 815,500. 

The amendment was agreed to. 

The next amendment was, under the head of ''Government in the 

Territories," in section 1, on pa~e 11, line 16, after the date "1887," to 

strike out "three thousand one hundred and sixty-nine dollars and 

sixty, ' ' and insert ''one thousand three hundred and ninety-seven dollars and twenty-five;" so as to make the clause read: 

Territory of :.Uontana: To pay the account of the Journal Publishing Com-

• 

pany, of Helena, l\Iont., for printing, binding, etc.,·forthe Fifteenth Legislative 

Assembly of Montana in 1887, 31,397.25. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 13, to strike out 

the clause from line 18 to line 25, inclusive, as follows: 

Redemption of unsigned national-bank notes stolen from the office of the 

Comptroller of the Currency: 'l'o enable the Secretary of the Treasury to re- deem the remainder of certain unsigned national-bank notes stolen from the 

office of the Comptroller of the Currency durinK the yea.rs 1864 to 1868, both inclusive, S2,500 or so much thereof as may be necessary. 

The amendment was agreed to. 

Mr. HALE. At the end of page 13 I ofter an amendment. 

The PRESIDENT pro tempore. The amendment will be read. 

The CHIEF CLERK. At the foot of page 13, it is proposed to insert: 

And the proper accounting officers of the Treasury are hereby authorized 

hereafter Jn the settlement of the accounts of the collector of customs at the 

port-of New York to allow payment for salaries of two additional deput.y sur- veyors at the rate of S2,500 each per annum, and for one additional deputy naval 

officer at the rate of $'2,500 per annum. 

The amendment was agreed to. 

The reading of the bill WM resumed. The next amendment of the 

Committee on Appropriations was, in section 1, on page 16, to strike 

out the clause from line 3 to line 7, inclusive, as follows: 

Payment to Susannah George: To pay Susannah George for compensation 

due her husband, Phineas George, for services and expenses incurred while 

light-keeper at Plum Island light-station, MaMachusetts, $365.15. 

The amendment was agreed to. 

The next amendment was, in section 1, on pai;l:e 16, to strike out the 

c;lause from line 8 to line 12, inclusive, as follow!!!: 

Life.saving station, Muskeg~t: To reimburse the crew of the life-saving sta- tion at Muskeget, Mass., for the loss of their personal property at the time o! 

the burning of the station, December 27, 1889, $170. ~. 

The amendment was agreed to. 

Mr. COCKRELL. I was not noticing page 11, lines 9 and 10. I 

should like to ask the Senator from Maine why it is that we struck out: 

Lubec Narrows light-station, l\le.: For completing the light-house and fogsignal at Lubec Narrows, Me., $15,500. 

That iR an appropriation that comes from the business branch of Congress, and I should like to know w by it was recommended to be stricken 

out. 

Mr. HALE. The Senate put the two items here in the sundry civil 

appropriation biJl and the Honse conferees would only agree to one item, and the other was left for the deficiency bill, though both passed 

the Senate on the sundry civil appropriation bill. One was stricken 

off there on motion of the House conferees, and so it remains here. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, on page 18, after line 

5, to insert: 

Relief of collector or customs at New York: The accounting officers of the 

Treasury are hereby authorized in the settlement of the accounts of the collector 

of\customs at the port of New York to allow payments made to additional cus- toms officers appointed in the district of New York under the provisions of sec- tion 2722 of the Revised Statutes for the time they actually served, being in amounts for fiscal·years as follows: For 1890, SS,960.74; for 1891, $815.22; in all, 

ll4,775.96. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 18, after line 18, to 

insert: 

Relief of Samuel Hein: The accounting offi.cers of the TreMury are authorized and directed to pa.BS to the credit of the account of Samuel Hein, deceased, 

late disbursing agent of the Coast Sut'vey, certain vouchers known as the De Haven vouchers, heretofore suspended against the accounts of the ~&id Hein, 

amounting to SL,285.85, and to make the necessary transfers on the books of the 

Treasury to close the account of the said disbursing agent; and the Secretary 

of the Treasury is authorized and directed to pay to the legal representatives 

of the said Samuel Hein the salary earned by and retained from him Rgainst said vouchers. 

The amendment was agreed to. 

The next amendment was, iwsection 1, on page 19, after line 18, to 

insert: 

Reimbursement of North Dakota: To enable the Secretary of the Treasury to pay to the Stat-e of North Dakota, to reimburse that State for moneys advanced in excess of the amount appropriated by Congress to <lefray the ex- penses of the constitutional convention held at Bismarck, in said State, in July aud August, 1889, SlO,SM.71. 

The amendment was agreed to. 

The next amendment was, in section 1, on page ~O, after line 2, to 

insert: 

Reimbursement of South Dakota : To enable the Secretary of the Treasury to pay to the State of South Dakota, to reimburse that State for moneys ex- "" pended in paying the expenses of the constitutional convention held therein 

in September, 1885, which constitution was readopted by the people of said 

State under the provisions of the act of February 22, 1889, Sl.4,859.80. 

The amendment was agreed to. 

The next amendment was, under the head of" Di~trictof Columbia,,, 

in section 1, on page 22, line 8, after the word "dollars," to strike out: 

Pro-vided, That the act entitled "An a.ct prescribing the times for sales and for 

notices of sales of property in the Di trict of Columbia for overdue t>1.xes.'' ap- proved 1\Iarch 19, 1890, be, and the same is hereby, amended by striking out of 

lines 14, 15, and 16 of said act the words" which shall contain the name of each 

and every peraon in which each piece of property is assessed together with the amount of assessment upon each piece.'' 

So as to make the clause read: 

Miscellaneous expenses: To pay the Evening Stai· ~ewspaper Company 

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8726 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

and the Washington Post Company for advertising delinquent-tax list, $2, 760.50 

ea.ch; in all, S.5.521. 

The amendment was agreed to. 

The nex.t amendment was, in section l, on page 23, after line 9, to 

insert: 

To pay Winfield S. Hancock for services rendered in th.e office of ~h.e P1:0P- ert~ clerk, District of Columbia., from July 17, 1888, to August 22, 1888, inclusive, 

at 13 per day, SUL 

The amendment was agreed to. 

The next amendment was, in the appropriations for "expenses of 

assessing real property" in the District of Columbia, in section 1, on 

page 24, after line 11, to insert: To pay T. B. Shoemaker, ~O; 

To pay F.P.Hackney,~; 

To pay E.Nash,$20; To pay T. L. Cropley, 820; To pay A. F. Barker, $2.5; To pay W. T.Bright,$2.5; To pay T.B.Kalbfus,S25; To pay John A. Rheem, $25. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 24, line 19, to increase 

the total amount of the appropriations for ''expenses of assessing real 

property" in the District of Columbia, from $306.50 to $486.50. 

The amendment wa..ci agreed to. 

The next amendment was, in section 1, on page 29, after line 7, to 

insert: 

To pay James H. Saville for services as referee in the case of Matthew J. 

La.ughlinagainst the District of Columbia , Sl,260. 

The amendment was agreed to. " · The next amendment was, in section 1, on page 29, after line 22, to 

insert: 

For pumping expenses and pipe distribution: To pa.y pay-roll of employes for extm services, fiscal year 1888, ~.99. 

The amendment was agreed to. 

The next amendment was, under the head of '' Navy Department,'' 

in the appropriations for ''Bureau of Navigation," in section 1, on page 41, line 14, after the word "thousand," to strike out "dollars" 

and insert "$652.83 ;" so as to make the clause read: 

Transportation and recruiting: Expenses of i·ecruiting for the naval service, rent of rendezvous and expenses of maintaining the same ; advertising for men and boys, and all other expenses attending the recruiting for the naval serv- ice and for the transportation of enlisted men and boys at home and abroad, 

$1,652.83. 

The amendment was agreed to. 

The next amendment was, in the appropriations for "Bureau of 

Equipment and Recruiting," in section 1, on page 43, after line 22, to 

insert: · To t>!\Y billofS.O. Forsaith Machine Company,reservation on vouchers for 5.000 

feet of hose delivered at the New York navy-ya.rd under their contract of September 22, 1888, being for the service of the fiscal year 1889, $435. 

The amendment was agreed to. 

Mr. FRYE. If my colleague will yield to me for a moment, I ask 

leave, out of order, from the Committee on Commerce to report an amendment to the deficiency bill, now under consideration. 

The PRESIDENT pro tempore. Shall th~ amendment be read? . Mr. FRYE. It may be read and laid on the table. 

The.Secretary read the proposed amendment, as follows: 

Th.at the Secretary of the Treasury be, and be hereby is, authorized to purchase or build and equip a. stea.m·vessel to be used in the waters of the collection district of Puget Sound, under the direction of the collector of the district, for the 

purpose of preventing violations of the Chinese restriction acts and of the cus- toms laws of the United States and to a.id in the enforcement of such laws; and 

the sum of $12,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for said purposes. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appr~prfa.tions was, under the head of "Marine Corps," 

in section 1, on page 47, after line 23, to insert: 

Provisions: To pa.y accounts on file for advertising and for reservations on accounts, $754.39. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 48, after line 5, to 

insert: 

To pay accounts on file for advertising and to reimburse Quartermaster's 

Department, United States Army, for clothing transferred to the Marine Corps, 

$.527. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 48, after line 13, to 

insert: 

To pay accounts on file fo1· advertising and for reservations on accounts, 

$3,330.12. 

Tbe amendment was agreed to. 

The next amendment was, in section 1, in the appropriation for '' forage' for the Marine Corps, at the beginning of page 49, to insert: To pay accounts on file for advertising and for reservations on accounts, $317.80. 

The amendment was agreed to. 

The next amendment was, in section.1, on page 49, after line 11, to 

insert: 

To pay accounts on file for advertising, and for gas, water, straw, freight, and 

other miscellaneous items, $2,968, 71. 

·. 

The amendment was agreed to. 

The next amendment was, under the head of "Interior Department," 

in section 1, on page 49, after line 16, to insert: 

Contingent expenses, Department of the Interior: To pay the accounts of E1 F. Brooks, Slli..39, and Joseph Ra.keman, 863, being additional to the amoun1i 

authorized by joint resolution of December 26, lss:i, to fit up and put in proper 

repair the rooms in the Interior Department building assigned by the Secretary 

for the use of the Commissioner of Patents, and a. deficiency for the fiscal year 

1886, 8177.39. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 50, in line 13, before 

the word "thousand," to strike out ''forty " and insert "filteen;" so as to make the clause read: 

Town sites in Oklahoma.: To carry into effect the provisions of the act approved May 14, 1890,.t-0 provide for town-site entries of lands in what is known as Oklahoma, and for other purposes, $15,000. 

The amendment was agreed to. 

The next amendment was, in section l, on page 50, after line 18, to 

insert: 

Penitentiary building in North Dakota: For the purpose of erecting, under 

the direction and supervision of the Secretary of the Interior, a penitentiary building in the State of North Dakota, npon 11uch tract or parcel of land at or near the city of Grafton, in the county of Walsh, as shall be desi1r:nated by the Secretary of the Interior, $30,000: Provided, That this appropriation shall be devoted and 

applied exclusively to the purchase of the necessary grounds and to the erec- tion of a penitentiary in said State, and shall not exceed the sum hereby appm- priated, including the sum expended for the purchase of grounds upon which to erect said penitentiary. 

Mr. COCKRELL. I should like to hear a short explanation of the reasons for building a penitentiary in North Dakota. 

Mr. HALE. By section 15 of the act that divided the Territory the 

penitentiary of South Dakota was given to that State. It was provided in the actMr. COCKRELL. It had already been erected bv the Government 

while Dakota was a Territory? w 

Mr. HALE. It was a.governmental institution and given to the State 

of South Dakota, and in the bill it also provided in terms that the same thing should be done for North Dakota and Washington. This is simply 

to carry out the law. The committee examined thematterveryfully, 

and hunted up the statutes and found that it was an obligation which was imperative upon the Government, and the same should be done for 

Washington. 

The amendment was agreed to. 

The reading of the bill was resmp.ed. 

The next amendment of the Committee on Appropriations was in 

section l, on page 51, after line 5, to insert: ' 

Protection and improvement of Hot Springs, Arkansas: For laying of mains 

purchase of pipe and valves, providing foundations for pumping-engines ex: pense of superintendence of construction of work, and other expenses incid~ntal thereto, $.5,000. 

The amendment was agreed to. 

The next amendment was, in the appropriation for ''surveying the 

public lands," in section 1, on page 52, after line 7, to insert: 

To pay RobertBerry,of Leadville, Oolo.1 in full for salary and expenses as an examiner of surveys in the General Lana Office, Department of the Interior 

from !he ls.t day of March, 1885, to the 10th day of October, same year, both 

dates mclus1ve, Sl,109.67. 

The amendment was agreed to. :Mr. HALE. In line 9 of that amendment I move to strike out the 

words '' an examiner of surveys in '' and insert the words ''special 

agent of." It is a wrong designation of the office. 

The PRESIDENT pro tempore. The amendment to the amendment 

will be stated. 

The SECRETARY. It is proposed to strike out, in line 9 the words 

''an examiner of surveys in '' and insert ''special agent of;'' so as to 

read: 

To pay Robert Berry, of Leadville, Oolo., in full for salary and expenses as special agent of the General Land Office, Department of the Interior, from the 

1st ~a.y of March, 1885, to the 10th day of October, same year, both dates inclusive, $1,109.67. 

The PRESIDENT pro tempore. The question is on the amendment 

to the amendment of the committee. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

?rlr. ALLEN. I ask the Senator to yield to me for a moment for the 

purpose of introducing a proposed amendment to the deficiency bill. 

I wish it referred to the Committee on Territories. 

The PRES'IDENT pro tempore. It will be referred to the Committee 

on Territories. Does the Senator wish the amendment printed? 

Mr. ALLEN. No, sir. 

The reading of the bill was resumed. The next amendment of the Co~mittee on Appropriations was, in section 1, on page 53, after line 8, 

to lllSert: 

Yellowstone Natio!1a~Park: To reimburse P.H. Conger, late superintendent of the Yellowstone National Park, for necessary expenditures made by him as sucll superintendent in providing quarters for the additional assist.ants authorized by the act of l\larch 3, 1883, 169.37. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 53, after the word 

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. - : . 

1890. , " OONGRESSION.AL RECORD-SENATE. 8727 

"dollars," at the end of line 20, to insert, "or so much thereof as may The next amendment was, in section 1, on page 64, after line 20, to 

be necessary;'' so as to make the clause read: insert: 

INDIAN AFFAIRS, 

Ute Commission: For this amount, or so much thereof as may be required to i>_ay indebtedness incurred by the commission to negotiate with the Southern Ute Indians for the relinquishment of their lands in Colorado, 81,000 or so much 

thereof as may be nece11sary, 

The amendment was agreed to. 

The next amendment was, in section 1, to strike out the clause from 

line 22, on page 53, t-0 line 2, inclusive, on page 54, as follows: 

Relief of B. C. Hobbs: To reimburseB. C. Hobbs, amount expended by him in ~he purchase for the United States, by and with the approval of the Commissioner of Indian Affairs, of a lot of land for a training-school for the Eastern OherokP.e Indians, at Cherokee, N. C., Sl22.50. 

The amendment was agreed to. 

The next amendment was, under the head of "Post-Office Department," in section 1, on J)a2e 55, after line 6, to insert: 

To enable the Postmaster-General to pay to the employes and late employes 

of the Post-Office Department additional compensation for services rendered 

l>y such employes as were embraced in orders of the Postmaster-General, dated 

/..pril 11 and June 18, 1885, requiring extra hours of labor, said additional com- pensation to be regulated by the extra time said employ es were actually engaged in rendering service under said orders, 512, 766.80. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 56, after line 8, to 

insert: 

That the proper officers of the Post-Office Department are hereby authorized 

and directed t-0 credit in the account of O. M. Laraway, late postmaster at Minneapolis, l'tfinn., the sum of Sll,ll5.38, being the value of certain postal funds 

which were stolen from the safe in said post-office on the 8th day of July, 1886, 

without the fault ofsaid postmaster. 

The amendment was agreed to. , Tlle next amendment was, in section 1, on page 56, after line 16, to 

insert: 

That the Secretary of the Treasury· is hereby authorized and directed to pay to l\I. M. Lynch the sum of 8101.65, in full payment and satisfaction of the a.mount audited a.nd allowed to him by the Treasury Department for carrying 

the United States mails on route No. 10665, Old Mines to Old l\Ilnes Station, in 

the State of Missouri, from April 1 t-0 October 10, in the year 1861. 

The amendment was agreed to. 

The next amendment was, under the head of "Department of .Agriculture," in section 1, on page 59, after line 17, to insert: 

Irrigation investigations: To enable the Secretary of .Agriculture to continue 

to completion his investigations for the purpose of determining the extent and 

availability for irrigation ot the underflow and artesian waters within the refo-ion 

between the ninety-seventh degree of longitude and the eastern foot-hillil o the 

Rocky Mountains, and to collect and publish information as to the best methods 

of cultivating the soil by irrigation, $!0,000. 

The amendment was agreed to. 

The next amendment wa'3, under the head of" Department of Justice,' 1 in section 1, on page 601 after line 191 to insert: 

For 1890, $2,138.55. 

The amendment wa.s agreed to.. 

The next amendment was, in section 1, on page 61, line 2, to increase 

the total amount of the appropriations for "defending suits in claims 

against the Unit.ed States," from $807.39 to $2,945.94. 

The amendment was agreed to. 

The next amendment was, under the head ''Judicial,' 7 in section 1, on page 61, after line 19, to insert: 

United States court in Alaska: For payment to Lafayette Dawson, late judge 

of the United States court for the district of .Alaska, the salary due him from 

August 5, 1886, to September 3, 1886, 8246.00. 

The amendment was agreed to. 

Thenextamendmentwas, in section 1, on page 62, line 14, to change 

the date "1888" to "1889;" so as to read: 

For payment of special deputy marshals at Congressional elections, being a deficiency tor the fiscal year 1889, 834,745. 

The amendment was agreed to. 

Tlte next amendment was, in section 1, on page 62, after line 20, to 

insert: 

To pav Daniel F. Wyatt for services as deputy United States marshal in 

Oklahmna, Ind. T., in 1889, Sl98. 

Mr. HALK I offer an amendment to the amendment just read. 

The PRESIDENT pro tempore. The amendment to the amendment 

will be stated. 

The SECRETARY. After the amendment just reported it is proposed 

to add: 

That the Attorney-General investigate the claims of such persons as are alleged to have rendered service in Oklahoma since the lands therein were opened to settlement by proclamation of the President, under the order of the United 

States ma1'8hal and deputies, in compliance with directions from the AttorneyGeneral, and estimate to the nex t Congress for the s11m necessary to pay the amounts which he may find properly due for such services. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, on page 63, line 6, to 

strike out the worrl ''eighty" where it first occurs, the word being 

duplicated, so as to make the clause read: 

For 1888, Sl,356.87; in all, $101,356.87. 

The amendment was agreed to. 

District attorneys and assistants: For payment to district attorneys of com· pensation fixed by the-Attorney-General for services not covered by salary or fees, being deficiencies on account of fiscal years, as follows: For 1890, $>,000. For 1889, $3,599.95; 

For 1888, 82,900; 

Forl887, $630; For 1886, St30; For 1885, $610; For 1884, $2,600; in all, $15,769.95. 

For payment of assistant attorneys, fiscal year 1888, $«0. For payment of regular assistants to district attorneys, $3,000. 

For payment of assistants to district attorneys employed by the Att-0rneyGeneral to aid district attorneys in special cases, being deficiencies on account of fiscal years, as follows: For 1890, $13,000; For 1889, $16,931.47; For 1888, $7,013.03; For 1887, $4,796.20; 

For 1886, $1,700; in all, $13,440. 70. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 66, after line 9, to 

insert: 

For payment of the accounts for legal services rendered the Government, ns recommended by the Attorney-General and set forth in House Executive Doc- ument No. 455, Fifty-first Congress, first session, $8, 965.15. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 68, after line 10, to 

insert: SENATE. 

To enable the Secretary of the Senate to pay William A. Clark and Martin 

l\Iaginnis the sum of $5,000 each, in full compensation for their time and ex- penses in prosecuting their respective claims to seats in the Senate as Senators 

from the State of 1\Iontana, Sl0,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 68, after line 17, to 

insert: 

For expenses of inquiries a.ud investigations ordered by the Senate tor the 

fiscal year 1887, $149.75. 

The amendment was agreed to. 

lt:Ir. COCKRELL. I was necessarily called away a few moments ago 

and did not have an opportunity, when page 55 was being read, of calling 

the attention of the Senator in charge of the bill to a certain clause 

there which reads: 

For twenty temporary clerks for five months' services, at $60 per month each; to enable the Postmaster-Genera.I to tabulate the returns from all post-offices of a general count of the several classes of mail matter for one week, S6,000. 

I should like to know why that provfaion is inserted in this bill. 

That does not seem to me to be a. deficiency. How does it happen that we have to legislate for the future in this hill by inserting a. nrovision 

that ought to have gone on the legislative appropriation b111 or the 

sundry civil appropriation bill by all means? 

Mr. HA.LE. Undoubtedly; but the Senator knows that there are in this bill several matters which are not technically deficiencies, but 

which are to provide for services hereafter. 

Mr. COCKRELL. Was any provision taken to be made in regard to 

this matter? 

Mr. HALE. Yes, it was taken in the legislative bill and given up. 

Mr. COCKRELL. Given op by the Senate conferees? 

Mr. HALE. Yes. 

Mr. COCKRELL. Because the House conferees would not accede 

to it? 

Mr. HALE. I think the Senator himself wa.s a member of the con- ference committee, and he knows more about it than I do. 

Mr. COCKRELL. I had an impression-and the reason I asked was that I wanted to see if I was correct-that this provision waa inserted 

in the legislative appropriation bill. 

Mr. HALE. It was. 

Mr. COCKRELL. .And that the business branch of Congress refused 

to accede to it in a bill which provided for the expenditures of the fiscal 

year 1891, and then in a busine.ss way turned around and inserted it 

in a deficiency bill providing for the deficiencies in the fiscal year 1890 

and prior years. 

Mr. HALE. The Senator is correct .. 

Mr. COCKRELL. And then parade before the country as a business 

establishment! 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, on P.age 68, after line 

21, to insert: · 

For lhe following, being deficiencies on account of the fiscal year 1889, namely: For postage, for Sergeant-at-Arms' department, $!0. 09. For stationery and newspapers, $165.06. • 

For expenses of maintaining and equipping horses and mail wagons, $82.28. 

F~r fuel, oil, and cotton-waste, and advertising for the heating apparatus, ex- clusive oflabor, 1'741.58. 

For folding speeches and pamphlets, at a rate not exceeding $1 per thousand, 

$4,000. For packing-boxes, $28.09. 

For miscellaneous items, exclusive of labor, $4,000. For cleaning and sewing carpets, SJ.6.12. 

The amendment was agreed to. 

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8728 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

Mr. HA.LE. After line 17, on page 68, I offer the amendment which was made in order this morning by unanimous consent. I move toinse~t the following: 

To enable the Secretary oi the Senate to pay WILBUR F. SA?-o"DERS and THOMAS C. POWER their counsel fees and expenses in defending the t.itle to their seats, 52,453. 

The amendment was agreed to. 

The next amendment of the Committee on Appropriations was, in 

section 1, on page 69, after line 16, to insert: 

For the following, being deficiencies on account of the fiscal year 1890, namely: For postage stamps, for Sergeant-at-Arms' department, $40. For purchase of furniture, $4,500. For fuel, oil, and cotton-waste, advertising, for the heating appamtus, exclusive of labor, $130. For cleaning and sewing carpets and caning chairs, $227.15. 

For folding speeches and pamphlets, at a rate not exceeding $1 per thousand, 

$6,800. 

The amendment. was agreed to. 

The next amendment was, in section 1, on page 70, after line 5, to 

inscat: 

For salaries of officers, clerksimessengers, and others in the service of the 

Senate, S3,630, for the fiscal year 891. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 70, after line 9, to 

insert: 

For expenses of maintaining and equipping horses and mail wagons for 

carrying the mails for the fiscal year 1891, $2,.000. 

The amendment was agreed to. 

Mr. Rd.LE. After line 12, on page 70, I move to insert: 

For the folding-room of the Senate, namely, for three folders at the rate of 

$1,000 each per annum, and ten folders at the rate of $720 each per annum, in all 

$3,500, or so much thereof as may be necessary, being for the fiscal year ending 

1891. 

The amendment was agreed to. 

The next amendment of the Committee on Appropriations was, in 

section I, on page 70, after line 13, to insert: 

For expenses of the investigo.tlon concernin~ immigration ordered by con- current resolution of the two Houses of Congress dated March 12, 1890, $3,000, 

or so much thereof as may be necessary, to be disbursed by the Secretary of the 

Senate upon vouchers approved by the chairman of the Senate Committee on Immigration and the chairman of the House Committee on lmmigraUon and 

Naturalization; and the Secretary of the Senate is hereby authorized to ad- vance the whole or any part of 11e.id sum and the whole or any part of any bal- ance remaining in his hands of the appropriation made for said investigation 

by act of April 4, 1890, to the chairman of said committee on the receipt of said 

chairman, as provided in the act ofl\Iarch 3, 1879. 

Mr. HA.LE. In line 25, the words "chairman of said committee" 

should be ''chairmen of said committees," in the plural. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The next amendment was, in section 1, on page 71, after line 2, to 

insert: 

To enable the Secretary of the Senat~ t<> pay to W.R. Clay the usual per diem 

compensation of clerk to a Senator from the 4th day of May to the 30th of June, 

1890, $348. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 71, after line 6, to 

insert: 

To enable the Secretary of the Senate to pay W. B. Clarke for extra services 

for type-writing from March 4, 1886, until March 4, .1888, 8280. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 71, after line 11, to 

insert: 

To enable the Sec1·etary of the Senate to pay Eugene C. '1\foxley, messenger to the Ollicia.l .Reporter'sroom, for services from .July 1toDecember7,1885, during 

which time he performed the duties of that office without compensation, S628. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment was, 

under the head of "House of Representatives," to strike out the 

clauses from line 5, on page 72, to line 21, on page 73, inclusive, a-s follows: 

To pay to the widow of David \Vilbur the amount of salary and mileage for 

the unexpired term of his service as a member of the Fifty-first Congress, $4.- 974.99. To pay to the widow of Saro uel J. Randall the amount of salary and mile- age for the unexpired term of bis service a.<1 a member of the Fifty-first Con- gress, $4,50L 70. . To pay to the widow of the late R. ,V. Townshend the amount of salary and 

mileage for the unexpired term of his service as a member of the Fifty-first Con- gress, Sl0,691.46. To pay to the widow of the late E. J. Gay the amount of salary and mileage 

for the unexpired term of his service as a member of the Fifty-first Congress, 

$9,904.37. To pay James D. Gage, administrator of the estate of James Laird, deceased, a Representative from the Second district, in the State of Nebraska, in the Fiftieth Congress, in full for the mileage of said Laird for the second session of 

said. Congress, 5504. To pay to the widow of S. S. Cox the amount of salary and mileage for the 

unexpired term of his service as a member of the Ftity-first Congress, 57,596.17. To pay to the widow of \V. D. Kelley the amount of salary and mileage for the unexpired term of his service as a member of the Fifty-first Congress, $6,- 225.06. To pay to thew idow of .Tames N. Burnes, a member elect to the Fifty-fu-st 

Congress, but who died before the time of its organization, ~.ooo. 

To pay the widow of James P. Walker the amount of salary and mileage for 

the unexpired term of his service as a. member of the Fifty-first Congress, $3,- 693.96. 

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To pay George A. l\Iathews in full for the unexpired term of the Fifty-first 

Congress, for which he was elected as a. Delegate from the Territory of Dakota., 

namely, from November 2, 1889, to March 4, 18\11, ~,679.70. 

Mr. COCKRELL. I should like to have some little explanation 

made why the committee propose to strike out those clauses. 

J\Ir. HALE. These are allowances made to the widows and children 

of deceased members of the Honse of Representatives. There is also one case where a like allowance should be made in the case of a death in 

the Senate. The Committee on Appropriations found on examining 

these claims that no rule seems to have been established. Jn some cases an entire year's salary is given, in some cases only a portion of a year and in some cases the eniire term; and in order that the House 

conferees maY. present tg the Senate a plan or some reasons for the appropriations made here, they are struck out in order that the matter 

may be considered in conference. 

Mr. CARLISLE. The Chief Clerk has not read all these items. I 

do not ask that they shall be read; but I see a.mong these appropriations to which the Senate committee disagre~ an appropriation of $604 

to pay James G. Gage, administrator of the estate of James Laird, deceased, for mileage, in the Fiftieth Congress. I desire to make a statement of the facts in regard to that matter as I understand them, in 

order that the Senator in cha1·ge of the bill may have the data for use 

hereafter. 

Mr. HALE. If the Senator will allow me, I wish to say that the 

committee was in possession of the entire fact!. I conferred this morn- ing with Senators, and it is the understanding that that item shall go 

out with the others to be considered when the plan is made. There is no reason why mileage should not be allowed in that case. 

Mr. CARLISLE. The Senator understands then that the representative of Mr. Laird actually came here and applied to the Speaker of 

the House, but his term had just expired and therefore he was unable 

to certify to the account. 

Mr. HALE. That is as I understand the case. The PRESIDENT pro tempore. As the Senator from Kentucky alluded to the fact that the reading of the paragraphs was omitted, the 

Chair will state that it was done by the direction of the Presiding 

Officer to save time. 

Mr. CARLISLE. I make no complaint about it, Mr. President. 

The PRESIDENT pro tempore. When an amendment appears to be 

merely to strike out certain provisions, unless the reading of the part 

proposed to be stricken out is requested the question will be taken on agreeing to the amendment without reading. The Chief Clerk will 

proceed with the reading of the bill. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, on page 76, to strike 

out the clauses from line 12 to line 23, inclusive, as follows: 

To reimburse the Official Reporters of the proceeding!'! and debates of the House of Representatives, for the moneys paid by them l'IO far during the present ses- sion for clerical hire a.nd extra clerical services, $1,000 each, except that to the 

widow of John J. l\IcElhone there shall be paid SOOO, and to Fred. Irland $400; 

in all, $5,000. · To reimburse the official rep9rters to committees of the House of .Representatives for the moneys paid by them so far during the present session for clerical 

hire and extra clerical services, $750 each; in all, $1,500. 

Mr. CARLISLE. I should like to inquire of the Senator from Maine 

why the committee propose to strike out these two paragraphs· re1at- · ing to the compensation or reimbursement of the reporters of debates 

in the House and the reporters of committees in the House. 

Mr. HALE. For the reason that the committee considered that as of course it is an extra allowance, if it is to be allowed at all to the 

House reporters, there ought to be incorporated with it an amendment 

giving to the Senate Reporter the same. 

Mr. CARLISLE. I think so too. 

Mr. HALE. Therefore the committee struck out the whole provision in order to leave jurisdiction to the conference to either strike it 

out entirely or put both on. Mr. CARLISLE. I think the Senate Reporter ought to be included. 

Mr. HALE. I have no doubt about that. 

Mr. CARLISLE. The truth is, in regard to the committee reporters 

of the House, that they receive $1,000 less per annum now than they 

did a few years ago, and they have, as everybody knowe, a great deal more work to do. As to the reporters of debates in the Senate and 

House, we have the singular state of affairs that the more work they 

do the less compensation they get, because they have to pay a large part 

of their salaries to have their notes transcribed. I hope the members 

of the committee of conference will not insist npon striking out the provision for the House reporters, bnt will put the Senate officers along with 

the House officers. 

The PRESIDE:NT pro tenipore. The question is on agreeing to the 

amendment. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 76, after line 23, to 

insert: 

To pay addition.al amount to William W. Kelser, telegraph operator of the 

House, to make his salary equal to that of the telegraph operator of the Senate, 

1300. 

The amendment was agreed to. 
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1890. CONGRESSIONAL RECORD-SENATE. 8729 

The reading of the bill was resumed and continued to line 18, on 

page 79. 

Mr. HALE. Alter line 18, on page 79, I move to insert: 

To enable the Public Printer to pay to the estate of John 0. Rives for rent for the building situated on the premises of the late John O. Rives, ne1n Bla- densburg, in the ~tate of Maryland, in which certain stereotyped plates belonging to the Uovernment of the United States were stored from September 1, 1878, to October 10, 1889, the sum of Sl,333.33. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, under the head of 

"JudgmentR of Court of Claims," on page 78, after line 12, to insert: 

To Theodore Yates, 5400. 

The amendment was agreed to. 

The next amendment was, in section 1, on pa1l:e 88, to increase the 

total amount of the appropriations to pay ''judgments of Court of 

Claims," from $337,226.19 to $337,626.19. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 88, line 19, after the 

word " Treasury," to strike out '·at the commencement of each session; " in line 3, on page 89, after the word " Department," to strike 

out "including" and insert "up to and including the date of;" and 

in line 5, after the word "term,'' to strike out "at which such judgment was rendered, unless and until such judgment and mandate is 

filed with the Secretary of the Treasury and payment thereof demanded" and in.'!ert "of the Supreme Court at which such judgment 

was affirmed;" so as to make the clause read: 

That hereafter it shall be the duty of the Secretary of the Trensury to certify to Congre~s for appropriation only snch judgments of the Court of Claims a.s are not to be appealed, or such appealed cases as shall have been decided by the Supreme Court to be due and pays.hie. And on ju<lgmenta in favor of claim- ants which have been appealed by the United States and affirmed by the Su- preme Court, interest, at the rate ot 4 per cent. per annum, shall be allowed and pa.id from the date of filing the transcript of judgment in the Treasury Depart- ment up to and including the date of the mandateofafilrma.nce by the Supreme Court: Pl'ovided, That in no case shall int-erest be allowed after the term of the Supreme Court at which said judgment was affirmed. 

The amendment was agreed to. 

The readinj.? of the bill was resumed and continued to line 19, on 

page 90. 

Mr. REAGAN. Mr. President, we have bad from year to year appropriations to cover the damages by flowage of the Fox and Wisconsin Rivers. I..ast year, at the last session of Congress, it was stated, I 

think, upon the :floor of the Senate that the appropriation then made 

would be the last one that would be asked for. 

I think it is right to call the attention of the Senate once more to this 

matter. The G-Overnment first gave, as I remember the history of the 

case, a large amount of land to enable the local authorities to improve 

the Fox and Wisconsin Rivers. The land was disposed of and the Fox 

River was sold to the United State.a by the State of Wisconsin reserv- ing the water for the State. That was the substance of it. ' 

The Government has spent, I do not remember the sum but I think 

something over $2,000,000, perhaps largely over that, for the improvement of the navigation of the Fox River. The result of all of it has 

been that it has built up a great water-power on the Fox River, and 

along that river there are a large number of mille and other manu- ' factnring establishment." ran by the water-power created at the ex- pense of the Government of the United States. 

Now, after the Government had given the land, and then boughtthe 

river without the water, and then improved the river so as to furnish 

water-power for a large amount of ma~hinery for private parties year 

by year come in large appropriations for damages for the overfl~wing of the land by the construction of this water-power. 

:Mr. President, I think I shall be excused for saying that this is one of the most remarkable legislat.iv_e sw~ndles, taking it in all these years, 

that have ever been perpetrated m this country, and it seems there is to 

be no end to it. 

As I said, I think the debates will show that when this subject was 

up in the last Congress it was stated that that would be the last appropriation asked for on that ground. Now, here we come to a provision in the billTo pay in full the amounts certified by the Attorney-Genera.I in Senate Exec- utive Documents numi;>e r.ed 42 and 99, ~ifty tirst Congress, first session, to be due the s everal comm1ss1o~ers for services and expenses in ascertaining the tlownge damages caused by improvements of the Fox and Wisconsin Rivers in the St.ate of Wisconsin, as follows: ' To Commissioner Joseph C. Burdick, $6,842.50. 

Now, we are getting outside of the water, and going to sunply men who acted in some capacity to protect the interests of the Government 

I suppose: ' 

To Comm!ss!oner J . Volney ~w ing,$4,34i; 

To Comm1ss1oner B. L. Cormsh, 86, 785; To Commissioner Samuel Vincent, ~.105; 

To Commissioner J. W. Watson, $'2,840 liO: To Commissioner Franklin Bowen.$2.334.50· To Commissioner Oti~ F. Chase, l,6.~; ' To Commissioner William Decker, $2,472.50. To Commissioner W. F. S. Root, $2,116; To Commissioner George H. Buckstaff, $2,886.50; in all, $35,3~2.50. 

And tbat does not end it. To pay E. E. Chapin-. 

'.1-'h~ is an amendment proposed by the Senate Committee on AppropriationsTo pay E. E. Chapin for rent of office for use of the special assistant United States attorney appointed t.o represent the Government in the Fox and Wis- consin Rivers suits, and the Government commissioners, from June 30 1886 and January 1, 1890, at the rate of $225 per annum, 8787.50. ' ' 

Another amendment is as follows: 

For payment of the judgments and a wards rendered against the United States for tlowage damages <'a used by the improvement of the Fox and Wisconsin Riv- ers, in the State of Wisconsin, under the act approved March 3, 1875, as reported to Congress by the Attorney-Genera.I in compliance with Senate resolution of 

:-~:i~~. ?i~~~ ~na.te Execat.i;eDocument No. 206, Fifty-first Congress, first 

Then another amendment goes on, as follows: 

And any suit now pending in the conrts of the State of Wisconsin brought under the provisions of the " act to aid in the improvement of the Fox and Wis- cousin !Ii vers in the State of\VisconsinJ" approved March 3, 1875, to recover from th_e f!mt-ed Sta~es ~a.mages for alleg:ea tlowage of lands, may be removed for trial mto the circuit court of the Umted Sta.tee for the ea.stern district of Wis- consin by either party thereto upon the filing in the court where said suit is 

pending of a petition for such removal and a bond as now provided by law for the remo;a.l of cause11. The presentation and filing of said petition and bond shall operate to remove said suit, and thereafter it shall be proceeded with in said circuit court· of the Unit-ed !:>tates. 

So not only are we to appropriate, after making all these provisions 

for commissioners-and I do not know (I suppose it will be explained) 

whether they are to continue to draw their annual salaries or not-but 1 · 

suits are to be transferred, etc. I should like to find out what they are doing and why we are paying this large eum of money. It seems to me we had better pay the damages and avoid these thousands of 

dollars paid to commissioners if they do not mitigate or reduce the 

damages. 

In addition to that, we pay $120, 402. 70--

Mr. SPOONER. If the Senator will allow me-- Mr. RE.AG A.N. One moment. Let me complete this statement and 

I shall be glad to yield to the Senator. In addition to that, we appropriate by this amendment $120,402. 70 and provide additional legislation for these office.rs to bring suits against the Government on account 

of improvements made for the benefit of private owners of property on the Fox River. ~ow, I thin~ something i~ due to the Senate as a statement why all 

this shall contmue; and I yield to the Senator from Wisconsin. 

Mr. HALE. This whole matter of the payment for the damages done 

by t~e flowing of the ~ox and Wisconsin Riv~rs was a subject fully 

considered by Congress m the act of 1875, and 1t was provided that a tribunal should be constituted before which these claims should be 

heard. There are very many claims, amounting to hundreds--

Mr. S.A WYER. A large number more. 

Mr. HALE. Under the original act; bnt I am referring to one of the 

last acts which recognized all that had been done before. It has been 

going on since from year to year, and under the terms of the statutes 

the commissioners have reported from time to time, and Congress has 

appropriated for two classes of payments, the payment of the com- missioners and the payment of their judgments. As these suits have 

proceeded the cases in hich the ~terest of the Government required an appeal have been appealed, which appeals are now pending in the 

courta. One of the provisions of the bill, I will say in answer to the 

~nquiry of the Senator from Te~as a,, to whe_n this will be wound up, 

is that these cases may be certified to the cll'cnit court of the United 

States. So that they may be removed from any prejudice in favor or the claimants and against the Government, the suits may be removed 

to the United States circuit court, where no such prejudice would exist· 

and it is hoped and expected that that will wind the thing up. Th~ cold, hard cases that have arisen have been carried up in this way by 

appeal. . T~e act, which dates back more than a dozen years, has resulted in 

considerable expense to the Government from time to time, but the 

Committee on Appropriations has scrutinized all the judgments to the 

extent of seeing that they are regularly certified and that, in the appropriation for the commissioners, it is to pay them for the time in 

which their services were rendered. I -do not expect for one-the 

Senator from Wisconsin can tell better than I can about it-that this 

matter will continue more than one or two years longer. 

Mr. SA WYER. Mr. President--

Mr. REAGAN Will the Senator from Maine before he takes his 

seat advise us what the duties of these ten commissioners are who are receiving this large amount of money? 

Mr. l!ALE. The Senator from Wisconsin can tell the Senator more in detail than I am able to do. 

Mr. SA WYER. I will state for the information of the Senator from 

Texas that a number of years ago the Government bought out the 

Fox ~d Wis~on~ River Company and buil tdams for the purpose of improving navigation. The fiowage from dams built covered an area of perha~ 200milesof shore. ltisa low, :flat country and there was great 

complamt by the people who lived along the line of this improvement 

thah th.ey were bein~ greatly da!11aged by overflow. Congress passed an act m 1875 allowmg all parties who thought they were being damaged by the Government dams to F:O into the State courts and recover damages, if any, under the State law of Wisconsin, the same law un-

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8730 OONGRESSIO~AL RECORD-SENATE. AUGUST 18, 

der which lands are condemned for railroads. Under that law com- missioners were appointed by the circuit conrt of Wisconsin, who were authorized to view premises and assess damages. From these awards 

either party could appeal to the courts. 

There was a.n immense amount of damage claimed, and, in many 

instances where large damage has been claimed, the commissioners 

have not awarded anything. These claims now before the Senate for p~ment are the awards of such commission, or judgments procured 

thronJth the courts,from which awards or judgments no appeal has been 

t.aken. I can not well see any other course for the Government to pur- sue than to pay these claims. The commission are through; they 

have.Jinished their work. No more snits can be commenced, and itis no more than justice to say that generally they did their work well. 

There is an amount sufficient to pay them for their work included in 

this bill. 

The payment of these claims and judgments does not include all the cases that came before the commission, only those over which there 

is now no dispute. There are a number of awards or claims now in 

the courts, upon which no decision has been reached. The law of 1875 

has been repealed, and no more snits can be commenced. I think it 

would be well to change the law so that either party to the snits now pending can carry their cases into the United States courts. 

In all these cases the Government was represented by an able attorney, both before the commission and before the courts, and I hope 

the Senate will not give further opposition. 

Mr. REAGAN. Mr. President, from the statement the Senator from 

Wisconsin makes it appears that the law authorizing the appointment 

of these commissioners is repealed, and the law authorizing the institution of suitB, I understand, is also repealed, so that there will be no 

further suits. 

Mr. SA WYER. No, sir, there are no other suits. 

Mr. REAGAN. I think the country is to be conwatulated on that 

much. If I had known this was coming up I certainly should have 

taken pains to show the number of judgments that have been obtained and the amount of money that has been paid by the United 

States, that if it were paid at all ought to have been paid by the mill- owners and manufacturers for whose benefU that water-power was 

created, and not by the Government of the United States. 

Mr. SA WYER. The Senator is mistaken about that. It was for 

the benefit of navigation. Of course they received some indirect benefit, but it was largely for navigation. 

Ji.Ir. REAGAN. No doubt there has been some benefit to the navigation of the Fox River, and so far as that is concerned it is all right. I 

do not care to say anything further on the subject because it is to be 

hoped that the evil will end. I wish we could know how many suits 

are yet on the dockets to be determined. 

Mr. SA WYER. I can inform the Senator by a little examination. 

The PRESIDENT pro tempore. The reading of the bill will proceoo. The Chief Clerk resumed the reading of the bill. The next amendment of the Committee on Appropriations was, under the head of ''Fox 

and Wisconsin Rivers improvement," in section 1, on page 91, after 

line 16, to insert: · 

To pay E. E. Chapin for rent of office for use of the special assistant United 

States attorney appoint.ed to represent the Government in the Fox and Wisconsin Rivers suits, and the Government commissioners, from Jone 30, 1886, to Janu&ry 1, 1890, at the rate of $225 per annum, $787.50. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 91, after line 24, to 

insert: · 

For p&ymen t or the judgment and a wards rendered against the United States 

for flow&ge damages caused b;v the improvement of the Fox and Wisconsin 

Rivers, in the State of Wisconsm, under the act approved March 3, 1875, as re- ported to Congress by the Attorney-General in compliance with Senate resolution of August._ 1, 1890, in Senate Executive Document No. 206, Fifty-first Congress, first session, 8120,402. 70. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 92, after line 9, to 

insert: 

And any suit now pendin7 in the courts of the Stat.e of Wisconsin brought under the provisions of the ' act to aid in the improvement of the Fox and Wisconsin Rivers, in the State of Wisconsin," approved March 3, 1875, to recover from the United States damages for allef?ed tlowage of lands, may be removed 

for trial into the circuit court of the United States for the eastern district of 

Wisconsin by either party thereto upon the filing in the court where said suit is 

pending of a petition for such removal, and a bond as now provided by law for 

the removal of causes. The presentation and filing of said petition and bond 

shall operate to remove said suit, and thereafter it shall be proceeded with in 

said circuit court of the United State». • 

The amendment was agreed to. 

The reading of the bill wa.s continued to line 6, on page 93. 

Mr. HALE. After line 6, on page 93, I move to insert: 

To refund to the State of Iowa amount certified under same net, $633.91. 

The amenilment was agreed to. 

Mr. PLATT. I desire at this time, from the Committee on Territories, to report favorably an amendment to be prol,)osed to the bill now 

under consideration, for reference to the Committee on Appropriations. 

The PRESIDENT pro tempore. The amendment will be received 

and referred to the Committee on Appropriations. And printed? 

Mr. PLATT. No, not printed. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, under the head of "Interior Department,'' in section 3, on page 96, line 14, after the word ''office,'' 

to strike out "except claims of the Galveston, Harris burgh and San 

Antonio Railway Company, thirty-three dollars and four " and insert 

"one hundred and eleven dollars and twenty-five;" so as to make the 

clause read: 

For expenses of inspectors General Land Office, $111. 2S. 

The amendment was agreed to. 

The next amendment was, in section 3, on page 97, line 112, before 

the word "Kansas," to insert " the State of;" so as to make the clause 

read: 

For payment to the State of Kansas on accou lt of sales of land, $160,067.51. 

The amendment was agreed to. 

Mr. PETTIGREW. I wish to offer an amendment. 

'l'he PRESIDENT pro tempore. It is customary to proceed first with 

amendments proposed by the committee, after which the bill will be 

open to amendment. 

Mr. PETTIGREW. Unless there is objection I should like to have 

this amendment considered now, as I expect to be obliged to go away 

before the consideration of the bill is concluded. 

The PRESIDENT pro tempore. Is there objection? 

Mr. HALE. Under the circumstances I do not object. 

The PRESIDENT pro tempore. The amendment proposed by the 

Senator from South Dakota. will be read. 

The SECRETARY. It is proposed to amend on page 97, by adding at 

the end of line 14: 

To survey and mark by permanent monuments the seventh standard paral- lel of surveys between the States of North u.nd South Dakota., so that said par- allel shall be one continuous connected line, under the direction of the Secretary of the Interior, $20,000, or so much thereof as may be necessary • 

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

amendment proposed by the Senator from South Dakota. 

The amendment was agreed to. 

Mr. HALE. If the Secretary will turn to page 65, I move to insert 

at the bottom of the page, at the end of line 23: 

For payment of John McNutt, assistant to the United States attorney for the 

district of Indiana, for fees earned and services rendered by him in the circuit 

and district courts of the United States for said district, in custoD,lB ca<te No. 

3725 for forfeitures, $500. 

The amendment was agreed to. 

Mr. HALE. Now, on page 20, at the end of line 11, I move to insert the amendment just reported by the Committee on Territories. 

Mr. PLATT. It has been carried out to the Secretary's office. I 

will send for it. 

Mr. COCKRELL. What is the amendment to come in on page 20? 

The PRESIDENT pro f-£mpore. The proposed amendment has been 

sent out of the Chamber to the Secretary's office. 

Mr. HALE. It is in reference to Washington when a Territory. 

Mr. COCKRELL. About a jail? 

Mr. HALE. No; abouttheexpensesoftheirconvention. The com- mittee failed to put it in; we did not have the :figures. 

The PRESIDENT pro tempore. The reading of the bill will proceed. 

The Secretary resumed the reading of the bill. 

Mr. HALE. On page 20, after line 15, I move to insert what !send 

to the desk. 

The PRESIDENT pro temp<>re. The amendment will be read. 

The SECRETARY. On page 20, after line 15, it is proposed to add: 

To enable the Secretary of the Treasury to appoint a. commission of scientific or mechanica.l experts to report on the best method of safe and vault construc- t.ion, with a view of renewing or improving the vault facilities of the Treasury Department, $3,000. 

The amendment was agreed to. 

The PRESIDENT pro tempore. Theotheramendmenthasnowbeen 

brought in. It will be reported from the desk. 

M:r. HALE. On page 20, after line 11. 

The SECRETARY. On page 20, after line 11, it is proposed to insert: 

Reimbursement of the State of Washington: To enable the Secretary of the 

Treasury to pay to the State of Wa.shington, to reimburse that State for moneys expended in paying the expenses of the constitutional convention held there 

in July and August, 1889, $6,076.27. 

The amendment was agreed to. 

Mr. HALE. Immediately following that I move to insert: 

That the Secretary of the Treasury be, an tl he hereby is, authorized to purchase or build and equip a steam-vessel to be used in the waters of the collection 

district of Puget Sound, under the direction of the collector of tho district, for 

the purpose of preventing violations of the Chinese restriction acts and of the customs laws of the Unit.ed States and to aid in the enforcement of such laws; 

nnd the sum of Sl.2,000 is hereby appropriated , out of any moneys in the Treas· 

ury not otherwise appropriated, for said pm·poses. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, under the head of ''Claims allowed 

by the Fourth Auditor and Second Comptroller,,, in section 3, on page 

105, after line 2, to insert: 

For pay of the Navy, certified claims reported in House Executive Document 

No. 144., Fifty-first Congress, first session, commench., with No. 141, on page 

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.,, 

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: 

·- ... !,; • 

_ ....... 

1890. CONGRESSIONAL REOORD-SENATE. 8731· 

].38, and including No. 4, on page 140 of said document, $6,595.26: Provided, That no part of this sum shall be used for the payment of any claims for seivpa.y on 119ceiving ships, or for the payment ofa.ny claim which ma.y have been allowed 

under the decisions of the :Supreme Court which have been adopted by the ac- counting officers as a. basis for the allowance of said claim which accrued prior to July 16, 1880. 

The amendment was agreed to. 

The next amendment was, in section 3, on page 105, after line 15, to 

insert: 

For provisions of the Navy, certified claims reported in House Executive Document No. 144, Fifty-first Congress, lirst session, as follows: No.156, John 

Harrington, $15.25; No. 37, Charles W. Livermore, 870.50; No. ll6, Frank M. 

·Perry, $1.80; No. 54, Christopher Stein, $60; in all, $137.55: Provided, That no part of this sum shall be used for the payment pf &ny claim for rations on receiving-ships, or for the payment of any claim which ma.y have been allowed 

under the decisions of the Supreme Court which have been adopted by the ac- counting officers as a basis for the allowance of said claims which accrued 

prior to July 16, 1880. 

The amendment was agreed to. 

The next amendment was to insert as a new section after section 3: 

SEC. 4. ro pay amounts found due by the accounting officers of the Treasury 

Department, being deficiencies for the fiscal years 1889 and 1890, as follows: 

STATE DEPARTlIENT. 

FOREIGN INTERCOURSE. 

For contingent expenses of United States consulates for fiscal year 1889, $775.04. For loss by exchange, consular service for the fiscal year 1889, $20.44. 

TREASURY DEPARTMENT. 

For contingent expenses, independent Treasury, for the fiscal year_1889, $9.83. For salaries of keepers of light-houses for the fiscal year 1889, S".AO. For lighting of rivers for the fiscal year 1889, $119.63. 

NA VY DEPART.MENT. 

For pay of the Navy, on account of difference of pay and other claims for 

the fiscal year 1889, $2,836.84. For pay, miscellaneous: On account of mileage and traveling expenses of 

officers traveling under orders, etc., for the fiscal year 1889, $93.53. For provisions, Navy, Bureau of Provisions and Clothing: For commuta- tion of rations for the fiscal year 1889, 340.50. 

POST-OFFICE DEPARTMENT. 

POSTAL SERVICE. 

For inland mail transportation-railroad: For the fiscal year 1889, payable out of the postal revenues, $78,286.28. 

DEPARTMENT OF AGRICULTURE. 

For contingent expenses Department of Azriculture for the fiscal year 1889, 

$42.85. For in>estigating the history and habits of insects for the fiscal year 1889, 

661.03. DEPARTMENT OF JUSTICE. 

EXPENSES OF Ul!<."'ITED STATES COURTS. 

For fees and expenses of marshals for fiscal year 1889, $18,040.45. For fees of district attorneys for fiscal year 1889, 6610.79. For special compensation to district attorneys for fiscal year 1889, 82,985.88. For pa.y of special assistant United States attorneys for fiscal year 1889, $16,-

591.18. 

For pay of special assistant United States attorneys for .fiacal year 1890, $6,-

043.01. For fees of clerks for fiscal year 1889, $04.60. For fees of commissioners for fiscal year 1889, $6.58.SO. For fees of witnesses for fiscal year 1889, $1,072.58. For support of prisoners for fiscal year 1889, $6,416.06. For pay of bailiffs, etc., for fiscal year 1889, $101. 70. For miscellaneous expenses for fiscal year 1890, $2,601.44. For expenses United States court, Indian Territory, for fiscal year 1889, $2,-

446.86. 

Mr. HALE. I move to amend the amendment by striking out lines 

10, 11, and 12, on page 108. 

The PRESIDENT pro tempore. The amendment to the amendment 

will be stated. 

The SECRETARY. It is proposed to strike out of the amendment 

lines 10, 11, -and 12, on page 108; as follows: 

For contingent expenses, independent Treasury, for the fiscal year 1889, $9.83. 

The amendment to the amendment was agreed to. 

Mr. HALE. I move further to amend the amendment by striking 

out lines 16, 17, and 18, on page 109. 

The SECRETARY. It is proposed to strike out J>f the amendment of 

the committee lines 16, 17, and 18, on page 109, as follows: 

For in vestige.Ling the history and habits of insects, for the fisca.11889, $61.03. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, on page 111, after line 6, to insert as a new section the following: 

FRE.."WH SPOLIATION CLAIMS. 

SEC. 5. To pay the .findings of the Court of Claims on the following claims 

for indemnity for spoliations by the French prior to July 31, 1801, under the act entitled "An act to provide for the ascertainment of claims of American citizens 

for spoliations committed by the French prior to the 31st day of July, 1801," namely: 

On the schooner Industry, Benjamin Hawkes, master, namely: Thomas Cushing.administrator of l\:Ia1'8too Watson,S6,555; 

Charles F.Adams, administrator of Peter C. Brooks,$3,000; 

William Sohier, administrator of Nathaniel Fellowes,Sl,000; 

H. W. Blngge, administrator, and Susan B. Sa.m uels, administratrix:, of Crowell 

Hatch, $1,000; 

On schooner Delight, Stephen Curtis, master, namely: George Holbrook, adminis~rator of Edward Holbrook, $6,302; 

Charles F. Adams, administrator of Peter C. Brooks, 84,000; 

Ebenezer Ga.y, administrator of executor of the assignee in bankruptcy of 

Thomas English, $500; 

-. 

. '·· 

Charles F. Hunt, administrator of Joseph Russell, 81,000; 

H. W. Blagge, administrator, and Susan B. Samuels, administratrix of Crowell 

Hatch, $1,000; 

On schooner Little Peg, William Auld, master, namely: Francis King Carey, administrator of Samuel Hollingsworth, $5,960.50; 

On ship Theresa, James Brown, mast~r, namely: R. Stewart Strobel and 

Henry L. Bruns., administrators of Thomas Stewart, ~.850; 

On the schooner Industry, Joseph J. Knapp, master, namely: William Gray, administrator de boni& non of William Gray, Jr., $5,882.67; 

On the schooner John, John C. Blackler, master, namely: William Gray, administrator of Willla.m Gray, deceased, '9,152. 90· 

William R. Hooper, administrator of William Blackler, deceased, $3, 741. 70; 

On the brig Eliza, Daniel Francis, master, namely: 

John K. Myers, administrator de bonis non of Nathaniel Eaton, deceased, S'liQOS.15; 

Thomas J. Boardman, administrator de bonis non or Daniel Francis, deceased, S3?.5. 75; 

On the ship J oho, Levi Putnam, master, namely: 

William Gray, administrator de bonis non of William Gray, jr., deceased, $45,318.66; 

Fisher Ames, administrator de b1mis non of Fisher Ames, deceased, $3,500; 

Fisher Ames, administrator de bonis non of John Worthingt-0n, deceased, ~l. 993; 

On the brig Volante, Thomas Barker, master, namely: William Gray, adminis- trator with the will annexed of the estate of William Gray,jr., of Massachusetts, Sll,356.65; 

On the schooner Sally, Benjamin Russell, mast<ir, namely: William Gray, administrator, etc., SS,597.80; 

Benjamin Russell, administrat'.>r. etc., $869.95; 

On the ship Accepted Mason, Eph. De Lano, master, namely: John P. De Lano, administrator of Eph. De Lano, SS.,017; 

Richard H. T. Taylor, administrator of Joshua. Hilton,$8,0li; 

Thomas H. Perkins, administrator of John C. Jones, t640; 

William Sohier, administrator of Nathaniel Fellowes, $700; 

On the schooner Nancy, Augustus Black, master, namely: 

Francis King Carey, administrator de bonis non of the estate of Samuel Hollingsworth, Sl,961.12; 

Sands Smith, administrator of William Respass, ~.210; 

On the schooner Two Brothers, H. Fry, master, namely: Francis King Carey, administrator de bonis wm of the estate of Samuel Hollingsworth, $2,384.57· 

On the brig Fortune, William Tuck, master, namely: ' 

Thomas H. Perkins, administrator of John C. Jones, $1,500; 

Charles Francis Adams, s.dministrator of Peter 0. Brooks, assignee of Board- man, Gorham, and 1Iomer.t2,000; 

Henry W. Blagge and Susan B. Samuels, administrators of Orowell Hatch, Sl,000; 

William Sohier, administrator of Nathaniel Fell owes, Sl,000; 

Francis M. Boutwell, administrator of Benjamin Cobb, Sl.000; 

William Vernon, administrator of Samuel Brown, Sl,000; 

On the brig Mary, John Choate, master, namely: 

Oharles Francis Ada.ms, administrator, etc., of Peter Chardon Brooks, assignee of William Smith, &>00. 

Charles Francis Adams, administrator, etc., of Peter Chardon Brooks, assignee of Stephen Gorham, $500; 

Charles Francis Ada.ms, administrator, etc., of Peter Chardon Brooks, assignee of Daniel Sargent, $JOO; 

Charles Francis Adams, administrator, etc., of Peter Chardon Brooks, assignee of Isaac Rands, administrator of Caleb Hopkins, $500; 

Charles Francis Adams, administrator, etc., of Peter Chardon Brooks, assignee of John Brazer,~; . Charles Francis Adams, administrator, etc., of Pefor Chardon Brooks, assignee of Tuthill Hubbart, S500; 

Thomas H. Perkins, administrator of John C. Jones, $500; 

Robert C. Mackay, executor of \Villiam Mackay, $)()(); 

Ebenezer Gay, the younger, executor of Ebenezer Gay, the older, assignee of Thomas English, $500; 

William Sohier, administrator of Nathaniel Fellowes, 3.500; 

Napoleon Harvey, administrator of the estate of Samuel Welch, Sl,368.05· 

Napoleon Harvey, administrator oft~e estate of Ezra Welch, 51,368.05; ' On the schooner James, Hugh Gemmill, master, namely: 

William E. Woodyear, administrator de bonis non of Jeremiah Yellott, deceased, $7,176.34; . On the ship Hope, John Rogers, master, namely: 

Susan Buchs.nan Shaeffer, administratrix with the will annexed of James Buchanan, $22,262; 

George M. Gill, administrator of Gabriel Wood, $19, 770; 

David Stewart, administrator of Henry Lee, $2,432; 

On the schooner Bethia, John Lanier, master, namely: John 0. G. Allmand, administrator, $3,113.33; 

R. l\Ianson Smith, administrator of Francis Smith, 86,233.33; 

GilbertR. Fox, jr., administrator de bonis non of Thomas Willock, '6,233.33; 

On the schooner Neutrality, Thomas Gray, master, namely: 

Charles ~ranci~ Ad~, administrator de bonis non of Peter C. Brooks, deceased, assignee of Tuthill Hubbart, $600; 

Charles Francis Adams, as assignee of Isaac Rands, administrator of Caleb 

Hopkins, $600; 

\Villia.m Sohier, administrator de bonis non. of Nathaniel Fellowes, .deceased, ~; 

_Pelham Holmes, administrator de bonis no1i of Ebenezer Lobdell, deceased, 

$5,058.34; 

On the brig Marcus, Isaac Mills, master, namely: 

Charles F. Adams, administrator of Peter C. Brooks, assignee of Tuthill Hub· 

hart, William Smith, David GrP-ene, and Caleb Hopkins, Sl,201.00 · William Sohier, administrator of Nathaniel FeUowes, $210; ' 

Henry W. Blagge and Susan B. Samuels, administrators of Crowell Ha.kb 

$300; ' On the schooner Phamix, Solomon Babson, master, namely: 

Thomas Cushing, administrator or Marston Watson, $10,846.57 · William So bier, administrator of Nathaniel Fellowes, S2,000; ' · Charles Francis Adams, administrator of Peter C. Brooks, assignee of Stepheq. Gorham, David Greene, and \Villiam Smith, $2,500; 

Thomas H. Perkins, administrator of J. C. Jones, Sl,000; 

Charles F. Hunt, administrator of Joseph Russell, surviving partner of Jeffrey and Russell, $1,000; 

Francis M. Boutwell, administrator of Benjamin Cobb, $1,000; 

Frederick 0. Prince, administrator of James Prince, $500; 

James C. Davis. administrater of Cornelius Durant, $300; 

On the brig Mary, Alexander Ross, master, namely: 

Charles Francis Adams, administrator of Peter 0. Brooks, assignee of William 

Smith, Daniel D. Rogers, David G~eene, Benjamin Bussey, Benjamin Homer and Tuthill Hubbart. S!),460; ' 

Francis M. Boutwell, administrator of Samuel Cobb, Sl,840; 

William Vernon, administrator of Samuel Brown, $2,100; 

H. Burr Crandall, administrator of Thomas Dickason, $1,050; 

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8732 CONGREBSIONAL RECORU-SENATE. AUGUST 18, 

Henry W. Blagge and Susan B. Samue~. administrators of Crowell Hatch, 

11 000· \vuiiam S. Bowden, administrator of .Ta.mes Scobie, $5,271.76; On the ship llo.nnah, Richard Fryer. IIUl.l!ter, namely: 

George H. Gorman, administrator of John Cox, deceased, $14,4.65; John A. Brimmer, administrator of John Gilliat, deceased, ~,840.44; 

On the ship John of Richmond, Edward Watson, master, namely: Robert M. :E~nks, administrai-0r de boni.s non of John Bank!:!, deceased, $28,349.83; On the ship Triumph, Thomas McConnell, master, namely: 

Henry L. Dashiell and David Steuart, administrators of James Corrie, the 

older, ~.300; 

On the ship Catharine, John Farraday, master, namely: Charles Biddle, ad- ministr.itor of John Craig, $5,56.5; On.the schooner Betsey, William Dennis, master, namely: \Villiam B. Ropes, administrat-0r debonis non of Hardy Ropes, S6,334; On the ship Louisa, Holden Tallman, master, namely: Samuel Wells, admin- istrator of John Clarke, $15,650: On the ship Joanna, Philip Fosdick, at firl'lt, afterward Zebdiel Coffin, master, 

namely: 

Gardner S. Lam!!on, administrator de bonis non of Paul Gardner, George Gard- ner, Lubni Gardner, and Zenas Gardner, $19,:-46.62; 

Pliilip Macy. administrator de bonis non of Obed Macy, $4,936.65; David P. Eldridge, administrator de bonisnon of Sylva.nus Maey, f(,936.65; Robert F. Gardner, administrator de bonis 1101\ of Prince Gardner,$9,873.31; On the brig Sally, James Crowdhill, master, namely: Cassius F. Lee, jr., ad- ministrator of William Hoda-son, $8,926; On the brig Betsey, John Cushing, master, namely: James F. Breuil, admin· istrator of Francis Breuil, deceased, $11,941.76; On the ship Raven, Thomas Reilly, master, namely: D. Fitzhugh Savage, administrator de bonis non of John Savage, decea!led, 

y~!1es Crawford Dnwes, administrator of Abijah Dawes; deceased, '784; M. H. Mes!!chert, adminil'Jtrator of Jacob Garard Koch, deceased, $980; James Crawford Dawes, administrator of James Crawford, deceased, surviv- ing partner of James Crawford & Co., $784; 

George Blight, administrator of Peter Blight, deceased, $.539; William A. M. Fuller, administrator of John Leamy, deceased, $539; 

George \V. Guthrie, a.dmini!!Lratorof Alexander l'.\Iurray, deceR.Sed, surviving 

partner of Miller & Murray, $784; Francis A. Lewis, administrat-0r of John Miller, jr., deceased, $784; Hem y Pratt McKean, surviving executor of Henry Pratt, decea!!ed, surviving 

partner of Pratt & Knitzing, 8784; Jame!'! S. Cox, administrator of James S. Cox, deceMed, $688; William Rumford Ho"Well, administrator of Samuel Howell, deceased, ~90; 

Samuel Bell, administrator of John G. Wacksmutb, deceased, 5980; Francil'J R. Pemberton, administrl\tor of John Clifford, deceased, surviving 

partner of Thomas and John Clifford, 5490; On the brig Pratt, Joseph Hawkins, master namely: 

Joseph T. Brobson, adminil!tratorof James Brobson, deceased, 83,777.50; 

Joseph T. Brobson, administrator of Isaac Starr,jr., deceased, surviving part- ner of the firm of Starr & Pritchett, 83,777.f>O; 

Craig D. Ritchie, administrator of Joseph Summerl, deceased, surviving part- ner ofthe firm of Summer) & Brown, S3,777.50; 

Sidney J. Rumford, administrator of Isaac Hendrickson, deceased, $3,777.50; On the brig Susan, Major Lines, master, namely: Jeremiah A. Bishop, administrator of Richard Cutler, deceased, Sl,827.48; Jeremiah A. Bishop, administrator of 'Jeremiah Atwater, deceased, $628.72t; Jeremiah A. Bishop, administrator of Jeremiah Townsend, 2d, deceased, 

$628.72f; Jeremiah A. Bishop, administrator of 1\Iajor Lines, deceased, $628. 72f; Jeremiah A. Bishop, administrator of Andrew Hull, deceased, S628.72i; Jeremiah A. Bi.l'Jhop, administrator of Seth De Wolf, deceased, $314.10; On the brig Hope, Richard Toppan, master, namely: Catherine C. ·woodside, adminil'Jtratrix of 'William Stanwood, deceased, 

$2,785.Jl; Frances A. McKeen, special administratrix of Richard Toppan, deceased, 

$4,654.11; 

David D. Gilman, administrator de bonis non, will annexed, of estate of John Dunlap, deceased, Sl,856.74; On the brig George Washington, John Devereaux, master, namely: On the schqoner Mary, John Douglass, master, namely: 

George G. Sill, administrator of Daniel Douglass, $2,202.98 ; George G. Sill, administrator of Josiah Douglass, S2,202 98; The Rhode Island Hospital Trust Company, $3, 300; On the brig Sally, John Cruft, master. namely: Charles F. Adams, administrator of PeterC. Hrook, deceased, $9,990; 

Tienry ,V. Blagge and S. B. Samuels, administrat-0rs of C. Hatch, $2.000; Francis M. Boutwell, administrator of Mungo Mackay, deceased, $600; David Greene Haskins, jr., administrator of D. Greene, deceased, a500; John C. Ropes, adminU!trator of Thomas Amory, deceased, $300; 

.John H. Moriarity, administrat-0r of James Scott, deceased, $200; Thomas H. Perkins, administrator of John C. Jones, deceased, 3500; 'Villiam Sohier, administrator of Nathaniel Fellowes, deceased,$3,000. On the sloop Farmer, Samuel Freeman, master, namely: Charles Francis Adams, administrator of Peter C. Brooks, $1,850; David Greene Haskins.jr.,administrator of David Greene, $3,638; 

Bla.gge & Samuels, administrators of Crowell Hatch, Sl,100. On lbeshipSpecula.tor, John S. Billings, master (at first), superseded by John McCarthy, namely: Charles Francis Adams, administrator of Peter C. Brooks, deceased, $867.50; 

Henry W. Blag~e and Susan B. Samuels, administrators of Crowell Hatch, de- ceased, $433.75; 

William "Sohier, administrator of Nathaniel Fellowes, deceased, Sl,433.75; John VI. Apthorp, administrator of Caleb Hopkins, deceased, '1,000; William S. Carter, administrator of William Smith, deceased, Sl,000; Daniel D. 8lade, administrat-0r of Daniel D. Rogers, deceased, S500; Robert Grant, administrator of William H. Boardman, deceased, $400; Frank Dabney, administrator of Samuel W. Pomeroy, deceased, $600; On the schooner Elizabeth, Thomas Trott, master, namely: Frederick J. Huntington, administrator de bonis non of the estate of Jabez 

Huntington, deceased, $3,583.09 · Charles Francis Adams, jr., administrator as aforesaid, $1,600; 

Henry W. Blagge and Susan B. Samuels, administrators as aforesaid, SSOO; On the brig Anthony, John Garrett, master, namely: J a.mes Crawford Dawes, administrator of James Crawford, surviving partner of James Crawford & Co., l!a. 796.32. 

On tbeship Arethusa. Robert J\fcKown, master, namely: 'Villiam Keith and Orm us B. Keith, surviving executors of Samuel Keith, 

84,212; On the ship Confederacy, Scott Jenckes, master, namely: 

Henry E. Pierrepont, executor oft.be will of Hezekiah B. Pierrepont, the last survjving partner (deceased) of the firm of Leffingwell & Pierrepont, 8160,478.29; On the schooner Isabella, Robert Mercer, master, namely: M. H. Messchert, administrator of Jacob Gerard Koch, deceased, 84,034.54; 

On the brig Maria, Samuel Taylor, master, namely: Horace B. Sargent, jr., administrator of Daniel Sargent, deceased, Sl4.,916.93; On the scow Polly, A.nthony Sankey, master, namely: James F. Breuil, ad- ministrator of Francis Breuil, deceased, ~.968.19; 

On the ship William, Richard Barker, master, namely: 'Villiam F. Gardner, administrator with the will annexed of Caleb Gardner, 

deceased, $41,578; William Vernon, adminil'Jtrator of Samuel Brown, deceased, Sl0,394.50; 

Philip Harwood Vernon, administrator de boni.s non. estate of 'Villiam Ver- non, deceased, $31, l83.50; On the schooner Alert, Jacob Oliver, master, namely: William Gray, administrator of William Gray, junior, $2,852.66: On the ship Betsey, Josiah Obear, master, namely: William Gray, administrator of William Gray junior, SH,141.13; Francis A. Gray, administrator of Samuel Gray, S7,214.08; On the brig Albert, Robert Gray, master, namely: ·wmiam Gray; administrator with the will annexed of the estate not ad min• 

istereq of William Gray, deceased, $1,500; On the schooner Elizabeth, Thomas Trot, IDa.l'Jter, namely; John Wetherbee, administrator oftbeestateo~James Ti!!dale,deceased, $600; On the schooner Frederick, John Gilbert Clark1 master, namely: The Union Trust Company of Ne\.V York, admmistrat-0r of Jacob Doty, de- ceased, $21,830; William MiUiiran, administrator of George Wattles, deceased, $21,830; On the brig Ruby, William Bartlett, master, namely: Jeremiah Nelson, administrator of Jeremiah Nelson, deceased, $2,692.22; Charles Savory, administrator of 1\Ioses Savory, $2,674.22; Charles G. Wood, administrator of Abner Wood, $2,150.79; Charles Francis Adams, administrator or Peter C. Brooks, a.ssi1:nee of Will· iam Smith and David Green, $2,000; Charles H. Ladd, surviving executor of Nathaniel A. Haven, $400; Amos Noye.<1, administrator of Zebudee Cook, $100; William 8obier, administrator of Nathahiel Fellowes, Sl,000· 

Henry W. Blagge and Susan B. Samuel11, administrators of Crowell Hatch, 

$1,000; 

On the ship Light Horse, John Hoff, master, namely: Julia M. Sands, ad- ministratrix of Comfort Sands, $7,318.66; On the ship Eliza, James O'Dell, master. namely: 'Vilmon 'V. Blackmar, administrator de bonisnon cum testamento annexo, estate of Francis Amory, deceased, lU2.341.40; Charles Francis Adams, administrator of Peter Chardon Brooks, assignee, $2,739; William Sohier, administrator of Nathaniel Fellowes, ~; 

\Villiam Vernon, administrator of Samuel Brown, $498; Francis M. Boutwell, administrator of Benjamin Cobb, $166; Abel H. Bellows. administrator of Fred. W. Geyer, $166; 

Henry ,V. Blagge and Susan B. Samuels, administrators of Crowell HatclJ, 

5166; Francis 1\1. Boutwell, administrator of Joseph Blake, ltl66; William Gray, administrator of William Gray, $332; William G. Perry, administrator of Nicholas Gilman, 6332; Charles K. Cobb, administrator of John Cod man, St66; John H. Moriarty, a-dministrator of James Scott, $83; Ed ward I. Browne, administrator of Israel Thorndike, S83; John <·. Ropes, administrator of Thomas Amory, S664; Thomas Cushing, administrator of l\:Car11ton Wat.son, lf332; Robert Grant, a.dministrator of William H. Boardman, $166; David G. Haskins, admjnistrator of David Greene, $166; Horatio H. Hunnewell, executor of John Welles, $166; William Powell Perkins, administrator of Thomas Perkins, $166; Horace B. Sargent, jr., administrator of Daniel Sargent, S83; Horatio H. Hunnewell, administrator of Arnold Welles, jr., $116.20; Horatio H. Hunnewell, administrator of Arnold Welles, $832; Edward I. Browne, administrator of l\Ioses Brown, 866.40; Frank Dabney, administrator of Samuel Wyllys Pomeroy, 8166; Lawrence Bond, administrat-0r of Nathan Bond, $83; Edward Hooper, administrator of Benjamin Bussey, $332: On the ship Rosanna, John Pollard, master, namely: James S. Humbird, 

trustee, etc., ~.560; 

On the ship Rebecca, Daniel Brazier, master, namely: 

Stephen L. St~phenson, administrator of Samuel 8tephenson, deceased, S2.-

176.21; 

'Villiam qray, administrator of the e!ltate of William Gray, deceased, $2,000; On the brig Mary, Thomas Boyle, master, namely: John Mervin Carrere and David Stewart, administrators de b<mis non of John Carrere, deceased, $2,207; On the brig Two Sisters, Joseph Hubbert, master, namely: Sarah S. Owings and Francis R. Griffith, administrators de b<mis non of Nich· ola.s Owings, surviving partner of Rogers & Owings, $5,638.25; William E. Woodyear, administrator de bonis non or Jeremiah YelloU, de- ceased, $5,638.25; On the ship Friendship, John Rodgers, master, namely: Mary Ann B. Smith, administratrix de bonis non. of John Smith, jr., 813,519; On the ship Port Mary, Thomas Hewitt, master, namely: Alexander Maitland, administrator de boni.s non of Robert Lenox, S0,833; James K. G1·acie, administrator de boni.! non of Archibald Gracie, $6,833; On the brig Virginia, l\Iark Butts, master, namely: Samuel R. Adams, R.dministrat-0r of Richard Veitch, surviving partner of Thompson & Veitch, 819,762; E. Francis Riggs, administrator of James Laurason, l!urviving partner of Shreve & Laura.son, $3,934.33; 

Anthony Hyde and Charles M. Mathews, executors of \V. \V. Corcoran,$79.09; James M. Johnson, administrator de bonis non of George \V. Riggs, $79.09; Robert I. Chew, administrator of Richard Smith, S'i9.W; On the schooner Hero, Thomes Hammett, master, namely: Ann Elizabetb Marshall, administratrix debonis non of William Robb, 8,475; On the sloop Endeavor, James Miller, master, namely: Henry J. Gardner, administrator of Matthew Cobb, S>,452.39; On the schooner Eliza, William Cheever, master, namely: William Gray, administrator of William Gray, jr., 116,000; William P . .Andrews, administrator of Samuel Page, $5,651.50; On the schooner Trial, Daniel Ropes1 junior, master, namely: George l\I. 

'Vhipple, administrator de bonis1wnof Jonn Norris, Sll,867; On the schooner Richard and Edwar~, Ebenezer Giles Evans, master, 

namely: 

William Gray, administrator of William Gray, jr., $3,430; Richardson Know land, administrator of E. G. Evans, 3,139; On the schooner Eutaw, William Smilh. master, namely: John Man·en Carrere and David Stewart, administrators of John Carrere, 

$1,34.4..50; On the schooner Sisters, John Bradish, master, namely: Robert S. 0. Griffith, administrator of Nicholas Owings, surviving partner of the firm of Rogers & Owings, 5682.50; 

Henry ,V. Rogers, administrat-or of John Bradish, $3,414.50; On the ship Lydia, John l\Ioore, master, namely: 

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1890. CONGRESSIONAL RECORD-SENATE. 8733 

Augusta H. Chapman, administratrix of Reuben Shapley, $8,2i0; Ja.mes W. Emery, administrator of Thomas ~Ianning, $100; J. Hamilton Shapley, administrator of Edward Cutts, $100; 

George W. Haven, administrator of Moses Wood ward, SlOO; 

Stephen Decatur, administrator of Samuel Stover, $100; 

Francis E. Langdon, administrator of Clement Stover, $100; 

Fred P. Jones, administrator of l\fartin Perry, $100; 

On the brig Minerva, Samuel Endicott, master, namely: 

William Gray, administrator of William Gray, $10,419.28; 

On the schooner Emily, William Emerson, master. namely: 

Robert T. Owings Griffith, administrator of Bea.le Owings, $3,822.12; 

On the schooner Lucretia., John Grant, master, namely: 

William D. Lee, Thomas D. Lee, Henry .A. Lee, Joseph A. Lee, and Virginia. 

Waters, administrators de bonis no1l estate of William Duncan, $10,407.27; 

On the bri~ General Wayne, William Allen, master, namely: 

Charle3 Francis A.dams, administrator estate of Peter Chardon Brooks, $3,-

456.4.0; 

Henry ,V, Blagge and Susan B. Samuels, administrators of Crowell Hatch, 

1,018.80; 

Thomas H.Perkfns, administrator of John 0. Jones, $509.40; 

William Sohier, administrator of Nathaniel Fellowes, $1,018.80; 

Francis M. Boutwell, administ.rator of Benjamin Cobb, $509.4-0; 

On the sloop Cicero, Thomas Faggart, master, namely: Mary T. Latrobe, ad- ministratrix of Thomas Tenant, $8,953.18; 

On the schooner Sally, Gideon Rea, master, namely: 

William Gray, administrator with the wilJ annexed of the estate not already 

administered of William Gray, deceaeed. testate, $2,000; 

WiJliam P. Andrews, administrator with the will annexed of the estate not already administered of Samuel Page, deceased, testate, $6,593; 

On the schooner Commerce, John W. Russell, master, namely: 

William 0. Gladding, second, administrator of John W. Russell, one-third of 

value of vessel, cargo, freight, and cost of insurance, less amount received from 

insurer, $1,862.20; 

William 0. Gladding, second, administrator of the estate or Allen Munroe, 

one-third of value of veMel, cargo, freight, and cost of insurance, less amount received from insurer, 31,862.20; 

William 0. Gladding, second, administrator of the estate of Nathaniel How· land, one-third the value of the vessel, cargo, aud freight, amounting to $3,462.20; 

On the sloop Union, Lewis Bosworth, master, namely: Sarah E. Bosworth, 

administratrix or the estate of Lewis Bosworth, deceased, who was the sole owner o( the vessel and cargo,$5,496; 

On the sloop Packet, Joseph Smith, jr., master, namely: David Plummer, administrator of the estate of David Plummer, deceased, 

!1,990; 

Charles T. Hough, administrator of the estate of Benjamin K. Hough, deceased, $1,194; 

On the brig Ranirer, Benedict Peckham, master, namely: 

'Villiam B. Phillips, administrator of Thomas Jackson, deceased, $3,100.74; 

'Villiam B. Phillips, administrator of Moses Lippett, deceased, $3, 100.74; 

On the brig Little Sam, William Hacquin, master, namely: 

Charles Hazlehurst, administi-ator de boni& non of Samuel Hazlehurst, deceased, &-i,167.28; 

WilHam 8tokes Boyd, administrator de boni& non of William Stokes, deceased, 

!i,239.73; 

On the brig Experience, James Houston, master, namely; 

l\Iary B. Scott, administratrix cle bonis non of Jacob Clement·, deceased, $17,-

140.33; in all, $1,239,688,98. 

During the reading of the amendme-ntMr. HALE. If there be no objection, I ask that the reading of this 

list be clispeused with, as they are all on the certified list. 

Mr. COCKRELL. There are some points that I think ought to be 

looked to. There are some of these assignees that I do not think have 

been stricken out that ought to be. 

The PRESIDENT pro tempore. The reading of the proposed new 

section will be resumed. 

The reading of the amendment was resumed. 

Mr. COCKRELL. I have examined as far as I want and I suggest 

that the reading of the rest of the names can be dispensed with. 

The PRESIDING OFFICER (Mr. FRYE in the chair). If there be 

no objection, the reading of the remainder of the amendment will be 

dispensed with. The question is on agreeing to the amendment. 

The amendment wa.s agreed to. 

.Mr. PLUMB. What was the question? 

The PRESIDING OFFICER. On agreeing to the amendment. 

Ur. PLUMB. I hope that the vote will not be announced. 

Mr. HALE. Let it be considered as open. 

The PRESIDING OFFICER. The amendment will be regarded as 

not having been agreed to. The question is on agreeing to it. 

Mr. PLUMB. I do not care specially about calling for the yeas 

and nays on the amendment, but I want to call the attention of the 

Senat~ to one or two circumstances which seem to me to make it 

entirely improper that the Senate should vote to pay these .claims. I 

think they are the most convincing evidence of the effect of length of 

time, that ''age c.'tn not wither, nor custom stale" a claim against the 

Government, but that like a rolling snowball it gathers as it goes. 

Here are claims which were vetoed by the then President of the 

United States on the 17th of February, 1855, a President representing 

a New England State-Franklin Pierce. However, I might go back 

of that and say that they were first vetoed by Mr. James K. Polk, 

then President of the United States, on August 8, 1846, in a message 

brief, but it seems to me the argument is conclusive. I will read one 

paragraph of that message which contains to me an argument that has 

not been by anything I have heard qualified or overturned. He says: 

has never, until the present time, received the favorable consideration of Con• gress. It is scarcely probable, if the claim had. been regarded· as obligatory upon the Government or constituting an equitable demand upon the Trruuiury. 

that those who were contemporaneous with the events which gave rise to it 

should not long since have done justice to the claimants. 

The Treasury has often been in a. condition to enable the Government to do so without inconvenience, if the claims had been considered just. Mr. Jeffer- son, who was fully cognizant of the early dissensions between the Government 

of the United States and France, out. of which the claims arose, in his annual message in 1808ad\•erted to the large surplus then in the Treasury, and its'' probable accumulation," and inquired whether it would lie "unproductive in the public vaults;" and yet these claims, though then before Congress, were not recognized or paid. Since that, the public debt of the Revolution and of the war of 1812 has been extinguished, a.nd at several periods since the Treasury 

has been in possession of large surpluses over the demands upon it. In 1836, 

the surplus amounted to many millions of dollars, and, for want of proper objects to which to apply it, it was directed by Congress to be deposited with the 

States. · 

Then follows an argument to show that the claims are entirely without foundation in fact. It is brief and yet comprehensive. The record 

shows that--

The veto message was considered by the Senate immediately after its recep- tion, and the question being put, "Shall this bill pass, notwithstanding the-objections of the President?" it was decided in the negative by a. vote of 27 yeas against 15 nays. So the b.~~ did not pass. 

In 1855 a similar bill was passed and sent to the then President of 

the United States, Franklin Pierce, who in an elaborate message vetoed 

it, and he concluded his message with these words. After having argued from all the facts in the case-that the United States was in no wise 

liable for the payment of these claims, he said: 

What remains? And for what is five millions appropriated? In view of what 

has been said, there would seem to be no ground tm which to raise a. liability of 

the United States, unless it be the assumption that the United States a.re to be 

considered the insurer and the guarantor or all claims, of whatever nature, 

which any individual citizen may have against a foreign nation. 

FRANKLIN PIERCE. 

[NOTE.-The veto message was considered in the House immediately after its 

reception, and on the following day. The question was then taken on "the passage of the bill, the President'sobjectionl!I to the contrary notwithstandinir," 

and it was disagreed to by a vote of 113 yeas against 86 nays. So, two-thirds not voting in the affirmative, the House refused to pass the bill over the Presl· 

dent's veto.l 

That was a quietus on these claims for a gern~ration. It wasjustabout 

thirty years thereafter before Congress was induced to consider these 

claims favora.bl.v. The generation which was thirty years nearer the 

origin of the claims than we are and all the generations preceding 

said there was no claim whatever against the United Statei5 on account 

of them; and the persons who were entitled tot.bis money, if there 

ever were any such persons, have long since disappeared, aod whatever 

payment is made now will go to attorneys and to remote and collateral 

descendantcJ. No payment that we may make will in any way represent expiation, satiSfaction, or justification for the original claims. It 

the United States has by delay prevented payments to persons who 

were entitled to the sum in the cases which these claims represent, no 

payment now made will ever satisfy the demands of justice. 

The dead past ought to bury its dead. Those under whol!le A.dmin-1 

istration these claims were incurred, and Thomas Jefferson himself, 

under whose Administration and manipulation the Territory of Louisiana was acquired, and all the statesmen of that era and that generation and of the generation succeeding it, totally ignored these claims, 

and it may fairly he presumed that if the claims could not then be 

maintained, could not then be established by testimony, could not be 

so presented as to demand of a public, then as now acute upon all 

qnesti90s involving national honor, their payment, it was because they 

werelhot founded in justice. They now represent administratOrs and 

cl}:(m agents to an extent which forbids the expectation that one single 

ollar of these claims will ever go to any person who was entitled to it 

y reason of the original loss. In fact, it is a claim of claim agente, a 

claim of attorneys, a claim which bas gained strength only because of 

its age and o~ the fact that it has got finally into the bands of a few 

men who have come to represent that potential force which too often 

finds expression in the two Houses of Congress in the payment of sums 

of money out of the Treasury which could not be had under other circumstances. 

For these reasons, Mr. President, and asking that th~e veto mes• sages may both be printed in full in the RECORD, in order to form a. part of what might by courtesy be called the discussion of this question, I leave the matter to the judgment of the Senate. 

The PRESIDING OFFICER. The messages referred to will be 

printed in the RECORD, if there be no objection. The Chair bears none. 

The veto messages are as follows: 

JAMES K, POLK.-IT. 

.A.uoust 8, 184.6. 

To the Senate of the United Slates: I return to the Senate, in which it originated, the bill entitled "An act to pro- vide for the ascertainment and satisfaction of claims of American citizens for 

spoliations committed by the French prior to the 31st of July, 1801," which was For the satisfaction of the claims provided for it is proposed to appropriate presented to me on the 6th instant, with my objections to its becoming a law. 

five millions of dollars. I can perceive no legal or equitable ground upon which In att~mpting io give the bill the careful examination it requires, difficulties 

this appropriatfon can rest. A portion of the claims have been more than half presented themselves in the outset, from the remoteness.pf the period to which a. century before the Government, in its executive or legislath·e departments, the claims belong, the complicated nature of the transactions in which they and all of them had their origin in events which occurred prior to lf!OO. Since originated, and the protracted negotiations to which they led between France 1802, they have been from time to time before Con2:ress. No greater neces'lity and the United States. The short time intervening between the passage of the or propriety exists for providing for these claims at this time than has e:xisted bill by Congress and the approaching close of their session, as well as the press- for nearly half a century, during all \Vhicb period this questionable measure , ure of other official duties, have not permitted me to extend my examinatiou 

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I. 

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8734 CONGRESSIONAL RECORD-SENA.TE. AUGUST 18, 

of the subject into its minute details. But, in theconsid~ation ~~t I have been able to gh-e it I find objections of a grave character to its provIB1ons. For the sati~tion of the claims provided for it is proposed to appropriate 

55,COO,OOO. I can perceive no legal or equitable ground upon which this appro- priation can rest. A portion of the claims have been more than half a century before the Government in its executive or legislative department, and all of them had their origin in events which occurred prior to 1800. .Since 1802 t~ey 

have been from time to time before Congress. No greater necessity or propriety exists for providing for these ~laims _a l t~ time ~n has existed for nearly half a. century, during all which period this quest1.onabl~ measure has nave:, until the present time receiY"ed the favorable cons1derat.1on of Congress. Itis scarcely probable, if the claun had been regarded as obh.gatory upon the Gov- ernment or constituting an equit:able demand upon tho T!easuqr, that those who were oontemporaneous with the events which gave rise to lt should n?t long since have done justice to the claimants. The Treasury ha.soften been m a oondition to enable the Government to do so without inconvenience if the claims bad been considered just. 

l\ir. Jefferson, who was fully cognizant of the early d_issensions _between tl~e 

Government of the United States and France, out of which the claims a.rose, m his a.nnu::i.l mes a.,.e in 1808 adverted to the large surplus then in the Treasury and its "proba.b!P.0 

accumulation." and inquii:ed whether it would lie" unpro- ductive in th., public vaults;" nod yet these claims, ~hough then before C~ngress, 

we:-e not recognized or paid. Since that, the pubhc debt o~ the Revolution and of the war of 1812 bas been extinguished, and at several periods since the Treas- ury has been in possession ofJargesurplases over the demands upon it. In 1836 the surplus a.mounted to many millions of dolJars, and for want of proper.objects to which to apply it, it was directed by Oongre · o be deposited with the 

Stttl~:lng this extended course of time, embracing periods emifiently favorable for satisfying all just demands upon the Government, the clal.Dls embi:aced ~n 

this bill met with no f&vor in Congress beyond the reports of oomm1tt-ees m one or the other branch. These circumstances alone are calculated t-0 raise strong doubts in respect to these claims, and especia.lly as all information nec- essary to a correct judgment concerning them has been !on~ before the public. These doubts are strengthened in my mind by the exam1nat1on I have been en- abled to give to the transaction in which they originated. The bill assumes that the United States have become liable in those ancient transactions to wake reparation to the claimants for injuries committed by France. Nothing was obtained for claimants by negotia~ion, lllid the bi~ as- sumes that the Government has become many ways responsible for these claims. The limited time allowed me before your adjournment makes it impossible to reiterate the facts and a.rn"uments by which in preceding Congresses these claims have been successfully resisted. The present is a period particularly un- favorable for the satisfaction of claims of so large an amount and, to say the least of them, of so doubtful a character. There i<J n? s~1rplu11 in the Treasury. A public debt of several millions has been c!'eated ~thm th~ lastfe'! yea~. 

'Ve are engaged in a. foreign war, u_ncerta1n as to its duration. and involvmg 

heavy expenditures, to prosecute which ~ar Congress has a.t its present i;.e~­

eion authorized a further loan. So that m effect the Government, 11hould this bi11 become a. law would have to borrow money and increase the public debt to pay these clai~s. It is true that by the provisions of the bill payment is directed to be made in land scripinstea.d of money, but the effect upon the Treasury wm be the same. T~e public an~ constit~te ~me ?f the sources of public revenue and if these claims be paid m land scrip, lt w1ll, from the date of the issue, t<>' a great extent, cut off from the Treasury the annual income from the sale of public lands because payments for the lands sold by the Gov- ernment may be expected to'be made in scrip until it is all redeemed. If those claims be just they ought to be pa.id i_n ~oney, and.nothing less val- uable. The blll provides that they shall be paid m. land scrip, whereby they are in effect to be a. mortgage upon the public lands m the new States· a mort- gage, too, held in great part, if not wholly, by non-residents of the Stat-es. in which the lands lie who may secure these lands to the amount of several mill- ions ot acres and then demand for them exorbitant prices from the citizens of other Stat-es ~ho may desire to purchase them for settlement, or they ms.y keep them out of the market and thus retard the prosperity and growth of the States in which they are situated. Why this unusual mode of satisfying cl&imants upon the Treasury has been resorted to does not a.ppear. It is not consistent with a sound public policy. If it be done in this case it may be done in all others. !twill form a. precedent for the satisfaction of a.U other stale and questionable c1aims, and would un- doubtedly be resorted to by all claimants who, after successive trials, shall fail k> have their claims recognized and paiJ. in money by Congress. The bill proposes to pay $>,000,000, to be paid in la.nd scrip, and provides "that no claim or memorial aha.II be received by the commissioners" author- ized by the act "uuless accompanied by a release or discharge of the United SI.ates from all other and further compensation than the claimant may be en- titled to receive under the provision of the act." These cla.lms are estimated to amount to a much larger sum than Si,000,ilOO, and yet the claimant is required to release to the Government a.H other compensation and to accept his share of a fund known to be inadequate. If these claims be well founded, it would be unjust to the claimr..nts to ~epudiate any portion of them, and the remaining sum could hereafter be resISted. The bill proposes to pay these claims not in the currency known to the Consti- tution and not to their full amount. Passed as this bill has been, near the close of the session, and when many measures of importance necessarily demand the attention of Congress, and possibly without that full and deliberate consideration which the large sum it appropriates and the existing state of the Treasury nnd of the country demand, I deem it to be my duty t-0 withhold my approval, that it may hereafter un- dergo the revision of Congress. I have come to this conclusion with regret. In interposing my objections to its becoming a law I am truly sensible that it should be an extreme case which would make it the duty of the E.xecutive to withhold his approval of any bill passed by Congress upon the ground of its expediency a.lone. Such case I con- sider this to be. ..JAMES K. POLK. 

The veto message was considered by t·he Senate immediately after its recep- tion, and t.he question being put "Shall this bill pass, notwithstanding the ob- jections of the President?" it was decided in the negative by a. vote of ZT yeas against 15 nays. So the bill did not pass. 

FRANKLIN PIERCE.-IV. 

Febi-uary 17, 1855. 

To the Home of Representatives: I have received and carefully considered the bill entitled "An act to provide for the ascertainment of claims of A.weriean citizens for spoliations committed by the French prior to the 31st of July, 1801," and, in the discharge of o. duty imperatively enjoined on me by the Constitution, I return the same, with my objections, to the Hguse of Representatives, in which it originated. In the organization of the Government of the United States the legislative and exeouU ve functions were separat-ed and placed in distinct bands. Although the President is required, from time to time, to recommend to the consideration of Congress such measures as he shall judge necessary &nd expedient, his par- ticipation in the formal business of legislation is limited to the single duty, in 

a. certain contingency, of demanding for a bill a particular Corm of vote, pre- scribed by the Constitution, before it can become a law. He is not invested with power to defeat legislation by an absolute vet-0, but only to restrain it, and is charged with the dut:y, in case he disapproves a measure, of invokiug a sec- ond and a. more deliberate and solemn consideration of it on the part of Con- gress. 

It is not incumbent on the President to sign a. bill as a matter of course, and thus merely to authenticate the action of Congress, for he must exercise inte~igent judgment or be faithless to the trust reposed in him. If he approve a bill he shall sign it; but if not, he shall return it, with his objections, to that Ilouse in which it shall have originated, for such further action as the Oon~ti~tion 

demands, which is its enactment, if at all, not by a bare numerical maJor1t.y as in the first instance, but by a constitutional majority of two-thirds of both Houses. 

While the Constitution thus confers on the legislative bodies the complete power of legislation in all cases, it proceeds, in the spirit of justice, to provide for the protection of the responsibility of the President. It does not compel him to affix the signature of approval to any bill uu1ess it actually have his ap- proba tion; for, while it requires him to sign if he approve, it, in my judgment, 

imposes upon him the duty of withholding his signature if he do not approve. In the execution of his official duty in this respect, he is not to-perform a. mere mechanical part, but is to decide and act according to conscientious convictions of the rightfulness or the wrongfulness of the proposed law. In a matter as to which he is doubtful in his own mind, he may well defer to the majority of the two Houses. Individual members of the respective Houses, 

owing to the nature, variety, and amount of business pending, must ne~rily 

rely, for their guidance in many, perhaps most, ca.se.!!, when the matters mvol ved are not of popu1ar interest, upon the investigation of appropriate commit- tees, or, it may be, that of a single member, whose attention has been particularly directed to the subject. For similar reasons, but even t-0 a. greater extent, from the number and variety of subjects daily urged upon his attention, the Presid~nt natura.11y relies much upon the investigation had and the results ar- rived at by the ~wo Houses; and hence those results, in large classes of cases, constitute the bases upon which hi.5 approval rests. The President's responsibility is to the whole people of the United Stat-es,_ as that of a Senator is to the people of a particular State. that of a. Representative to the people of a State or district; and it may be safely assumed that he will not re11ort to the clearly defined and limited power of arresting leiPslation, and calling for reconsideration of any measure, except in obedience to requirements of duty. When, however, he entertains a. declSive and fi.xed conclusion, not merely of the unconstitutionality, but of the improprietyt or injustice in other respects, of any measure, if he declare that he approves it ne is false to his oath and he deliberately disregards his constitutional obllgations. I cheerfully recognize the weight of authority which attaches to the action of a. majority of the two Houses. But in this ca.se, as in some others, the framers of our Constitution, for wise considerations of public good, provided that noth- ing less than a. two-thirds vote of one or both of the Houses of Congress shall become effective to bind the co-ordinate departments of the Government, the people, and the severalS~tes. If there be anything of seeming invidiousness in the official right thus conferred on the President, it is in appearanceon1y, for the &ame right of approving or disapproving a. bill, according to each one's own judgment, is conferred on every member of the Senate and of the House of Representatives. 

It is apparent., therefore, that the circumstances must be e_xtraordi~ary whi~ch 

would induce the President to withhold approval from a bill involv1~g no VIO· 

lation of the Constitution. Theamountof the claims proposed to be discharged 

by the bill before me, the nature of the transactions in which those claims are alleged to have originated, the length of time during which they have occu- pied the attention of Congress and the country, present such an .exigency. Their history renders it impossible that a President who haa participate~ to any considerable degree in public aftairs could have failed to form respectmg them a decided opinion upon what be would deem satisfactory grounds. Nev- ertheless, instead of resting on former opinions it hll;S seemed to ~e proJ?0r to review and more carefully e:uwnine the whole subject so as satisfactorily to determine the nature and extent of my obligations in the premises. I feel called upon at the threshold to notice an assertion, often repeated, that the refusal of the United States to aatisfy these claims, in the manner pro- vided by the present bill, rests as a strain on the justice of our cou_ntry .. If it be &o, the imputs.tion on the public honor is aggravated ~Y the cons1derabo~ that the claims are coeval with the present century and it has been a persistent wrong during that whole period of tlme. The allegation is that private prop- erty has been taken for public use without just compensation, in viol~tion of express provision of the Constitution; and that reparation has been withheld, and justice denied, until the injured parties have for the most part de cended to the grave. But it is not to be forgot.ten or overlooked that those who repre- sented the people, in different capacities, at the t~m.e when the alleg;ed obhga- tions were incurred, and to whom the charge of IDJUStice attaches m the first instance, have also passed away and borne with them the special in~ormation 

which controlled their decision and, it may well be presumed, constituted the justification of their acts. If, however, the charge in que11tion be well founded, although its admission would inscribe on our history a page which we might desire most of all to ob- literate and although, if true, it mUl!t painfully disturb our confidence in the justice ~nd the high sense of moral e.nd political responsibility of those whose memories we have been taught to cherish with so much reverence and respect, still we have only one course of action left to us, and that is t-0 make the most prompt and ample repa.i·ation in our power, and consign the wrong, as far as may be, to forgetfulness. 

But no such heavy sentence of condemnation should be lightly pru;sed upon the sagacious and patriotic men who participated in the transactions out of which these claims are supposed to have arisen, and who, from their ample means of knowledge of the general subject in its minute deta~s, and from th~lr 

official position, are peculiarly responsible for whatever there is of wrong or m- justice in the decisions of the Go\·ernment. Their justification consists in that which constitutes the objection to the pres- ent bill namely, the absence of any indebtedness on the part of the Unit~d 

States. 'The charge of a denial of justice in this case, and a conseq11_ent stam upon our national character, has not yet been indorsed by the American peo- ple. But if it were otherwise, this bill, so far from relieving the pnst, would only sta~p on the present a more deep and indelible stigma.. H ~dmits the justice of the claims, concedes thn.t pa.ymec t has been wrongfully ~thheld for fifty years, l\nd then pr_oposes not to pay them, 1?ut to compound with the pub- lic creditors by providrng that. whether tho claims shall be presented or not, whether the sum appropriated shall pay much or little of what shall be foun.d due, the law itself shall constitute a perpetua] bar t-0 all future d_emn.nds. This is not, in my judgment, the wn.y to atone for wrongs, if they e::1t1st, nor to meet 

sur~ ~!~gf~~~g~~~ ~own or not accessible during the administration of Mr. .Jefferson, .Mr. 1

Madison, or l\Ir. Monroe, had since been brought to li~ht or new sources of information discovered, this would &"I"eatly relieve the subJect of em- barrassment·. But nothing of this nature has occurred. That those eminent statesmen had the best means of arriving a.ta correct .con- clusion, no one will deny. That they never re~ognized th~ allei'ed C?bllgatio!1 ?n the part of the Government, isBhown by the history of their respective AdmIDIS· 

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1890. CONGRESSIONAL RECORD-SENATE. 8735 

trations. Indeed, it stands not as a matter or controlling authority, but as a fact of history, that these claims have never, since our existence as a. nation, 'been deemed by any President worthy of recommendation to Congress. Claims to payment can rest only on the plea of indebtedness on the part of the Government. This requires that it should be shown that the United States i.a.ve incurred liability to the claimants, either by such acts as fleprive them of their property or by having actually taken it for public use without making Just compeusation for it. The first branch of the proposition-that on which an equitable claim to be indemnified by the United Rtates tor losses sustained mightrest-requires at least a cursory examination of the history of the transactions on which the claims <1epend. The first link which in the chain of events arrests attention is the treaties of alliance and of amity and commerce between the United States and France. negotiated in 1778. By those treaties peculiar privileges were secured to armed vessels of each of the contracting parties in the ports of the other; the freedom of trade was greatly enlarged; and mutual obligations were Incurred by each to guaranty to the other their territorial possessions in America. 

In 1792-'93, when war broke out between France and Great Brit.ain, the for- mer claimed privileges in American ports which our Government did not ad- mit as deducible from the treaties of 1778, and which, it was held, were in con- flict with obligations to the other belligerent powers. The liberal principle of one of the treaties referred to-that free ships make free goods, and that sub- llistence and supplies were not contraband of war unless destined to a. block- ~ded port-was found, in a commercial view, to operate disadvantageously to France, as compared with her enemy, Great Britain, the latter asserting, under the law of nations, the right to ca.vture. as contraband, supplies when bound for an enemy's port. 

Induced ma.inly, it is believed, by these considerations, the Government of France decreed, on the 9th of J.\.Ia.y, 1793, the first year of the war, that "the French people are no longer permitted to fulfill toward the neutral powers in ~eneral the vows they have so often manifested, and which they constantly make for the full and entire liberty of commerce and navigation;" and, as a. counter-measure to the course of Great Britain, authorized the seizure of neu- tral yessels bound to an enemy's port, in like manner as that was done by her great maritime rival. This decree was made to a.ct; retrospectively, and to con- tinue until the enemies of France should desist from depredations on the neu- tral yessels bound to the ports of France. Then followed the embargo, by -which our vessels were detained in Bordeaux, the seizure of British goods on board of our ships, and of the property of American citizens under the pretense th.at it belonged to English subjects, and the imprisonment of American citi- zens captured on the high seas. . Against these infractions of existing treaties and violations of our rights as a neutral power, we complained and remonstrated. For the property of our in- jured citizens we demanded that due compensation should be ma.de, and from 1793 to 17f!T used every means. ordinary and extraordinary, to obtain redress by negotiation. In the last-mentioned year these efforts were met by a refusal to receive a minister sent by our Government with special instructions to rep- resent the amicable disposition of the Government and people of the United States. and their desire to remove jealousies and to restore confidence by show- ing that the complaints against them were groundless. Failing in this, another attempt to ad;ust all differences between the two Republics was made in the form of an extraordinary mission, compo!iled of three distiniruished citizens, but the refusal to receive was offensively repeated; and thus terminated this last effort to preserve peace and restore kind relations with our early friend and ally, to whom a debt of gratitude was due which the American people have never been willing to depreciate or to forget. Years of negotiation had not only failed to secure indemnity for our citizens and exemption from further depredations, but these long-continued efforts had brought upon the Government the suspension of diplomatic intercourse with France, and such indignities as to induce President Adams, in his message of May 16, 17f!T, to Congress, convened in special session. to present it as the par- ticular matter for their consideration, and to speak of it in terms of the highest 

indignation. Thenceforward the action of our Government assumed a charac- ter which clearly indicates that hope was no longer entertained from the ami- cable feeling or justice of tbeGovemmentof France; and hence the subsequent measures were those of force. On the 28th of May, 1798, an act was passed for the employment of the Navy of the United States against "armed vessels of the Republic of France," and authorizeu their capture, if" found hpvering on the coast of the United States for the purpose of committing depredations on the vessels belonging to the citizens the1·eof." On the 18th of June, 1798, an act was passed prohibiting com- mercial intercourse with France, under the penalty of the forfeiture of the ves- sels so employed. On the 25th of June, the same year, an a.ct to a.rm the mer- chant marine to oppose searches, capture aggressors, and recapture American vessels taken by the French. 

On the 28th of June, same year, an a.ct for the condemru.tion and sale of French vessels captured by authority of the act of 28th of May preceding. On the 27th of .Tuly, same year, an act abrogating the treaties and the convention which bad been conch1ded between the United States and France, and declaring "that the same shall not henceforth be regarded as legally obligatory on the Gove1'Il- menL or citizens of the United States." On the 9th of the same month an act was passed which enlarged the limits of the hostilities then existing by author- izing our public vessels to ca.pture armed vessels of France wherever found upon the high seas, tt.nd conferred power on the President to issue commissions to privale armed vessels to engage in like service. These acts, though short of a declaration of war, which would put all the citizens of each country in hostility with those of the other, were nevertheless, actual war, partial in its application, maritime in its character. but which re- quired the expenditure of much of our public treasure and much of the blood of our patriotic citizens, who, in vessels but little suited to the purposes of war, went forth to battle on the high seas for the rights and security of their fellow- citizens and to repel indignities offered to the national honor. It is not then because of any failure to use all available means, diplomatic and military, to obtain reparation th.at liability for private claims can have been in- curred by the United States, and if there is any pretense for such liability it must fl.ow from the action, not from the neglect, of the United St.ates. The ilrst complaint on the part of France was against the proclamation of Presi- dent Washington, of April 22, 1793. At that early period in the war which in- vol"Ved Austria, Prussia., Sardinia., the United N"etherlands, and Great Britain on the one part, and France on the other, the great and wise man who was the Ohief Executive, as be was and had been the guardian of our then infant Re- public, proclaimed that" the duty and interest of the United States require that they should with sinnerity and good faith adopt and pursue a conduct friendly and impartial towards the belligerent powers." This attitude of neutrality, it was pretended, was in disregard of the obligations of alliance between the United States and France. And this, togethet with the often-renewed complaint that the stipulations of the treaties of 1778 had not been observed and executed by the United States, formed the pretext for the series of outrages upon our Government and its citizens, which finally drove us to seek redress and safety by an appeal to force. The treaties of 1778, so long the subject of French complaints, are now understood to be the foundation upon which are laid these claims of indemnity from the United States for spolia tions committed by the French vrior to 1800. 

The act of our Go>ernment which abrogated not only the treaties o/1778, but also the subsequent consular convention of 1788, has already been referred to, and it may be well here to inquire what the course of France was in relation thereto. By the decrees of 9th of l\Iay, 1793, 7th of ;r uly, 1796, and 2d or March, 

1797, the stipulations which were then and subsequently most important to the United States were rendered wholly inoperative. The highly injurious effects which these decrees are known to have produced show how vital were the :P,ro- visions of treaty which they violated, and make manifest the incontrovertible right of the United States to declare,as the consequence of these acts of the other contracting party, the treaties a.tan end. The next step in this inquiry is, whether the act declaring the treaties null and void was ever repealed, or whether by any other means the treaties were revived so as to be either the subject or the source of national obligation. The war, which has been described, was terminated by the treaty of Paris of 1800, and to that instrument it is necessary to turn to find how much of pre-existing 

obligations between the two Governments outlived the hostilities in which they bad been engaged. Ry the second article of the treaty of 1800, it was declared that the ministers plenipotentiary of the two parties, not being able to agree respecting the treaties of alliance, amlty, and commerce o! 1778, and the con- vention ofl788, nor upon the indemnities mutuaUy due or claimed, the parties will negotiate further on these subjects at a convenient time, a.ud until they shall have agreed upon these points the said treaties and convention shall have no operation. 

When the treaty was submitted to the Senate or the United States the second article was disagreed to, and the treaty amended by striki a~ it out and insert- ing a provision that the convention then made should contmue in force eight years from the date of ratification, which convention, thus amended, was ac- cepted by the First Consul of France, with the addition of a note explanatory of bis construction of the convention, to the effect that by the retrenchment of the second article the two S'tates renounce the respective pretensions which were the object of the said article. It will be perceived by the languaire of the second article, as originally framed by he negotiators, that they had found them!lelves unable to adjust the con- troversies on which years of diplomacy and ofhostilitiesha.d been expended; and that they were at last compelled to postpone the discussion of those questions to that most indefinite period, a "convenient time." All, then, of these sub- jects, which was revived by the convention, was the right to renew, when it should be convenient to the parties, a discussion which had already exhausted negotiation, involved the two countries in a maritime war, and on which the parties had approached no nearer to concurrence th.an they were when the con· troversy began. 

The obligations of the treaties of 1778 and the convention of 1788 were mutual, and estimated to be equal. But, however onerous they ma.y have been to the United States, they had been abrogated, and were not revived by the conven- tion of 1800, but expressly spoken of as suspended until an event which could only occur by the pleasure of the United States. It seems clear, then that the United States were relieved of no obligation to France by the retrenc~ent of the second article of the convention; and if thereby France was relieved of any valid claims against her the United States received no consideration in return; and that if private property was taken by the United Stat~s from their own cit- izens, it was not for public use. But it is here proper to inquire whether the United States did relieve France from valid claims against 'her on the part of citizens of the United States, and did thus deprive them of their property. The complaints and counter-complaints of the two Governments had been that treaties were violated and that both public and individual rights and in- terests had been sacrificed. The correspondence of our ministers engaged in 

negotiations both ·before and after the convention of 1800 sufficiently proves how hopeless was the effort to obtain full indemnity from France for injuries inflicted on our commerce from 1793 to 1800, unless it should be by an account in which the rival pretensions of the two Governments should each be acknowl- edged and the balance struck between them. It is supposable, and may be inferred from the contemporaneous history as probable, that had the United States agreed in 1800 to revive the treaties of 1778 and 1788 with the construction which France had placed upon them, that the latter Government would, on the other hand, have agreed to make indemnity for those spoliations which were committed under the pretext that the United States were faith less to the obligations of the alliance between the two coun- tries. 

Hence the conclusion that the United States did not sacrifice private rights or property to get rid of public obligations, but only refused to reassume public 

obligations for the purpose of obtaining the recognition of the claims of Amer- ican citizens on the part of France. All those claims which the French Government was willing to admit were carefully provided for elsewhere in the convention, and the declaration of the. First Consul, which was appended in his additional note, had no other applica- tion than to the claims which had been mutually made by the two Governments, but on which they had never approximated to an adjustment. In confirmation of the fact that our Government did not intend to cease from the prosecution o( 

the j u~t claims of our citizens against France, reference is here made to the annual message of President Jefferson of December 8, 1801, which opens with expressions of his gratification at the restoration of peace among sister nations; 

and, aft.er speaking of the assurances received from all nations with whom we had principal relations, and of the confidence thus inspired, that our peace with them would not have been disturbed if they had continued at war with each other, he proceeds to say: "But a cessation of irregularities which cad affiicted the commerce of neu- tral nations, and of the irritations and injuries produced by them, can not but add to this confidence, and strengthen, at the same time, the hope that wrongs committed on unoffending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past a.nd new as.'!urances for the future." The zeal and diligence with which the claims of our citizens against France were prosecuted appear in the diplomatic correspondence ot the threE! years next succeeding the convention of lf!OO, and the effect of these efforts is made manifest in the convention of 1803, in which provision was made for payment of a class of cases the consideration of which Franco bad at all previous peri- ods refused to entertain, and which are of that very class which it has been often assumed were released by striking out the second article of the convention of 1800. 

This is shown by reference to the preamble and to the fourth and fifth ar- ticles of the convention of 1803, by which were admitted among the debts due by France to citizens of the United States the amounts chargeable for" prizes made e.t sea. in which the appeal has been properly lodged within the time men- tioned in the said convention of the 30th of September, 1800;" and this class was further defined to be only "captures of which the council of prizes shall have ordered restitution, it bP.ing well understood that the claimants call not have recourse to the United States, otherwise than he might have had to the French Republic. and only in case of the insufficiency of the captors." 

If, as was affirmed on all hands, the convention of 1803 was intended to close all questions between the Governments of France and the United States, and 20,00.J,000 francs were set apart a.s a sum which might exceed, but could not fall short of, the debts due by France to the citizens of the United States, how are we to reconcile the claim now presented with the estimates made by those who were of the time and immediately connected with the events, and whoso 

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8736 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

intelligence and integrity have, in no small degree, contributed to the character 

and prosperity of the counti-y in which we live? Is it rational to assume that the claimants, who now present themselves for 

indemnity by the United States, represent debts which would have been admitted and paid by France but for the intervention of the United States? And 

is it possible to escape from the effect of the voluminous evidence tending to establish the fact that France resist~d all these claims; that it was only after 

long and skillful negotiation that the agents of the United States obtained the 

recognition of such of the claims as were provided for in the conventions of"l800 

and 1803? And is not this conclusive against any pretensions of possible suc- cess on the part pf the claimants, if left unaided to make their applications to France, that the only debts due to American citizenst which have been paid by 

France, are those which were assumed by the Unitea States as part of the con- sideration in the purchase of Louisiana? 

There is little which is creditable either to the judgment or patriotism of 

those of our fellow-citizens who at this day arraign the justice, the fidelity, or love of country of the men who founded the Republic, in.representing them as having bartered away the property of individuals to escape from public obligations. and then to have withheld from them just compensation. It bas been 

gratifying to me, in tracing the history ~f these cl~ims, to find tha~ a.mole i;vidence exil!ts to refute an accusation which would llllpeach the purity, the Jus- tice, n.nd the magnanimity of the illustrious men who 1tuided and controlled 

the early destinies of the Republic. I pass from this review of the history of the subject, and, omitting many substantlal objections to these claim.!!, proceed to examine somewhat more closely 

the only grounds upon whi.ch they can by possibility be maintained. 

Before entering on this it may be proper to state distinctly certain propositions which. it is admitted on all hands, nre essential to prove the obligations_of 

the Government: 

First. That at the date of the treaty of September 30, 1800, these claims were valid and subsisting as against France. Second. That they were releMed or extinguished by the United States in that 

treaty, and by the manner ofilsratification.. . . • Third. That they were so released or extinguished for a cons1derat1on valuable to the Government, but in which the claimants had no more interest than any other citizens. 

The convention between the French Republic and the United States of America signed at Paris on the 30th day of September, 1800, purports in the preamble to be founded on the equal desire of the First Consul (Napoleon Bonaparte) and 

the President of the United States to terminate the difference.!! which ha>e arisen 

between the two State.!!. H declares, in the first place, that there shall be firm, 

inviolable, and univel'l!al peace, and a true and ~incere frie~dship between .the 

French Republic and the United States. Next it proceeds, ID the second, third, 

fourth and fifth ai·ticles, to make provi11ion in sundry respects, having reference to pasi differeno::!es, and the transition from the state of war between the two countries to that of general and permanent peace. Finally, in the residue of the twenty-seventh article, it stipulates anew the 

conditions of amity and intercourse, commercial and political, thereafter to ex- ist, and, of rourse, to be substituted in pl11.ce of the previous co~ditions. of the 

treaties of alliance and of commerce, and the con.!!ul&r convention, which are thus tacitly, but unequivocally, recognized as no longer in force, but in effect 

abrogated, either by the state of war or by the political action of the two Re- publics. Except in so far as the whole convention goes to establi.!!h the fact that the 

previous treaties were admitted on both sides to be at an end, none of the articles are directly material to the present question, save the following: "ART. II. The ministers olenipotentiary of the two partie!I not being able to agree at present respecting-the treaty of allie.nce of 6th Febr~a.ry, 1778, the treaty 

of amity and commerce of the same date, and the convention of the 14th No- vember, 1788, nor upon the indemnities mutually d.ue or.cln.imed, the ~arties 

will negotiat.e further on these subjects at a convement tlmf'l; and until they may have agreed upon these points the said tree.ties and convention shall have no operation and the relations of the two countries shall be regulated as follows: 

".ART. V. The debts contracted by one of the two nations with individuals of 

the other or by the individual!! of one with the individuals of the other, shaJI be pa.id ~r the payment may be prosecuted in the ea.me manner as if there had 

been n~ misunderetanding between the two States. But this clause shall not extend to indemnities claimed on account of captures or confiscations." On this convention being submitted to the Senate of the United States, they 

consented and advised to its ratification with the following proviso: 

"Provided, That the second article be expunged, and that the following 

article be added or inserted: 'It is agreed that the present convention shall . be in force for the term of eight years from the time of the exchange of ratifications.'" 

The spirit and purpose of this change are apparent and unmistakable. The 

convention, assigned by the respective plenipote~ti11.ries, did not ~djust all the 

points of controYersy. Both nations, however, des1red the re!ltoration of peace. Accordingly, a.s to those matters in. the relations of t~e two c:ountries concern- ing which they could agree, they did agree for the time bemg; and as to the 

rest, concerning which they could not agree, they suspended and postponed 

further negotiation. They abandoned no preten!lions, they relinquished no right on either side, 

but simply adjourned the question until "a convenient time." :Meanwhile, 

and until the arrival of such convenient time, the relations of the two countries were to be regulated by the stipulation.!! of the convention. 

Of course the convention was, on its face, a temporary and provisional one, but in th'e worst possible form of prospective termination. lt was to cease at a convenient time. But how should that convenient time be ascertained? It is 

plain that such a stipulation, while profesl!edly not disposing of the present 

controversy, bad within itself the germ of a fresh one; for the two Govern- ments might at any moment fall into dispute on the question whether that con- venient time had or had not arrived. The Senate of the United States anticipated and prevented this question by the only possible expedient-that is, the 

designation of a precise date. 

This being done, the remaining parts of the second article became superfluous 

and uaeless; for, as nil the provisions of the convention would expire in eight years, it would necessarily follow that negotiations must be renewed within that 

period, more especially as the operatio~ ofth.e amendme~t which cove~ed the 

whole convention was that even the stipulation of peace m the first article be- came temporary :'ind expired in eiv;ht years, whereas that article, nnd that ar- ticle alone, was permanent. according to the original tenor of the convention. 

The convention thus amended, being submitted to the First Consul, was ratified by him, accompanying his act of acceptance by the following declaratory note: "The Govern.ment of the United States having added in its ratification that 

the convention should be in force for the space of eight years and having omitted the second article, the Government of the French Republic consents to accept, ratify. and confirm the above convention, wit~ the addition iruJ?orting 

that the convention shall be in force for the space of cight years and with the 

retrenchment of the second article: ProV"ided, That by this retrenchment the two . tates renounce the respective pretensions which are the object of the said 

articles." 

The convention, as thus ratified by the First Consul, having been again sub-

, . 

mitted to tlie Senate of the United States, that body resolved that'' they con• sidered the convention as fully ratified," and returned the same to the Presiden' 

f01· promulgation, and it was accordingly promulgated in the usual form by President Jefferson. 

Now, it is clear that, in simply resolving that" they considered the conven- tion as fully ratified," the Senate did, in fact, abstain from any express decla,. 

ration of diMent or assent to the construction put by the First Consul on the re- trenchment of the second article. If any inference beyond this can be drawn 

from their resolution, it is that they regarded the proviso annexed by the First 

Consul to bis declaration of acceptance as foreign to the subject, as nugatory, or as without consequence or effect. Notwithstanding this proviso, they con• sidered the ratification as full. If the new proviso made any change in the pre- vious import of the convention, then it was not full. And in considering it a full ratification, they, in substance, deny that tlle proviso did, in any respect, change the tenor of the convention. 

By the second article, as it originally stood, neither Republic had relinquished 

its existing rights or pretensions either as to other previous treaiies or the indemnities mutnally due or claimed, but only deferred the coruideration of them to a convenient time. By the amendment of the Senate of the United States 

that convenient time, instead of being left indefinite, was fixed at eight years; but no right. or pretension of either party was surrendered or abandoned. 

If the Senate erred in assuming that the proviso added by the First Consul did not affect the quest.ion, then the transaction would amount to nothing more than to have raised a new question to be d~posed of on resuming the negotiations, namely, the question whether the proviso of the First Consul did or not modify or impair the effect of the convention as it had been ratified by the Sen- ate. 

That such, and such only, was the true meaning and effect of the transactioni 

that it was not, and was not intended to be, a. relinquishment by the Uni tea States of any existing claim on France, and especially that it was not an aha.ndonment of any claims of individual citizens, nor the set-oft of these against any conceded national obligations to France, is shown by the fact that Presi· 

dent Jefferson did at once re.!!ume and prosecute to successful conclusion nego- tiations to obtain from France indemnification for the claims of citizens of the 

United States existing at the date of that convention; for, on the 30th of April, 

1803, three treaties were concluded at Paris between the United States of America. 

and the French Republic, one of which embraced the cession of Louisiana; an- other stipulated for the payment of 60,000,000 of francs by the United States to 

France; and a third provided that, for the satisfaction of sums due by France to citizens of the United States at the conclU!!ion of the convention of September 30, 1800, and in express compliance with the second and fifth articles thereof, a further sum of 20,000,000 of francs should be appropriated and paid by the 

United Slates. In the preamble to the first of these treaties, which ceded Louisiana, it is set forth that-

" The President of the United States of America and the First Consul of the 

French Republic, in the name of the French people, de.!!iring to remove all source of misunderstanding relative·to objects of discussion mentioned in the 

second and fifth articles of the convention of the 8th vendemia.ire, an 9 (30th 

September, 1800), relative to the rights claimed by the United States in virtue 

of the treaty concluded at Madrid-the 27th of Oct-0ber, 1795, between his Catholic Maje.!!ty and the said United States, and willing to strengthen the union and 

friendship which at the time of the said convention w11.s happily re-established 

between the two nations, have respectively named their plenipotentiaries/' who "have agreed to the following articles." Here is the most distinct and categorical declaration of the two Governments 

that the matters of claim in the second article of the convention of 1800 had not been ceded away, relinquished, or set oft', but they were still subsi;iting subjects 

of dem11.nd against France. The same declaration appears in equally emphatio 

languag.e in the third of these treaties, bearing the same date, the preamble of 

which recites that-

"The President of the United States of America and the First Consul of the 

French Republic, in the name of the French people, having by a treaty of thls 

date terminated all difficulties rel&tive to Louisiana., and established on a solid 

foundation the friendship which unites the two nations, and being destrou!I, tn compliance with the second and fifth articles of the convention of the 8th ven- demiaire, ninth year of the French Republic (September 30, 1800), to secure the 

payment of the sums due by France to the citizens of the United States," and 

"have appointed plenipotentiaries," who agreed to the following among other 

articles: 

"ARTICLE I. Th11.t debts due by France to citizens of the Unit~d States, con- tracted before the 8th of vendewiaire, ninth year or tile French Republic (SOth 

September, 1800), shall be paid according to the followin2' regulations, with in• terest at 6 per cent., to commence from the periods when the accounts and 

vouchers were presented to the French Government. 

"ART. II. The debts provided for by the preceding article are those whose re· sult is coinorised in the conjectural note (a) n.nnexed to the present convention, 

and which: with ttie interest, can not exceed the sum of 20,000,000 francs. The 

claims comprised in the said note which fall within the exce1ltionsofthe following articles shall not be admitted to the benefit of this provision. 

"ART. IV. It is expresely agreed that the preceding articles shall comprehend no debts bllt such as are due to citizens of the United States, who have been and are yet creditors of France for supplies, for embargoes, and prizes made at sea, in which tlte appeal ha8 been properly lodged within the time mentioned in the 

said convention, 8th vendemia.ire, ninth year (30th September, 1800). 

"AltT. V. The preceding articles shall apply only, first, to captures of which 

the council of prizes shall have ordered restitution. it being well understood 

that the claimant can not have recoul'!!e to the United Stales, otherwise than he 

might have had to-the Government of the French Republic, and only in case or insu!licieney of the captors; second, the debts mentioned in the said fifth article 

of the couvention, contracted before the 8th vendemiR.ire, an 9 (30th September, 

1800), the payment of which bas been heretofore claimed of the actual Govern- ment of France, and for which the creditor'.! have a right to the protection of 

the United States; the aid fifth article does not comprehend prizes whose con- demnation has been or shall be confirmed. It is the express intention of the 

contracting parties not to extend the benefit of the present convention to rec- lamations of American citizens who shall have establi.!!hed houses of commerce in France, England, or other countries than the United States, in partnership with foreigners, and who by that reru1on, on the nature of their commerce, ought to be regarded as domiciliated in the places where such houses exist. All 

agreements and bargains concerning merchandise.which shall not be the prop- erty of American citizens, are equally excepted from the benefit of the said 

convention, saving, however. to such persons their claims in like manner o.s if 

this treaty had not been made." "ART. XII. In case of claims for debts contracted by the Government of France with citizens of the United State!! since the 8th vendemiaire, ninth year (30th September, 1800), not being comprised in this convention, may be pursued, anll the payment demanded in the same manner as if it bad not been J:r1ade." 

Other articles of the h'eaty provide for the appointment of agents to liquidate the claims intended to be secured, and fort.he payment of them, as allowed, at the Treasury of the United States. The following is the concluding clause of 

the tenth article: 

"The rejection of any claim shall have no other effect than to ex em pt the 

United States from the payment of it, the French Government reserving to it!lelf 

the right to decide definitely on such claim so far as it concerns itself." 
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1890. CONGRESSIONAL RECORD-SENATE. 8737 

I 

Now, from the provisions of the treaties thus collated, the following deductions to be an act-I was going to say of impudence-at this time to insist 

undeniably follow, namely: th t fte h t h d d · th h' to f th 1 · th b ld First. Neither the second article of the convention of 1800, as it originally a a r W a as prece e in e lS ry O ese C auns ey S OU 

tood, nor the retrenchment of that article, nor the proviso in the ratification by now be seriously pressed against the Government. But at all events, 

the First Consul, nor the action of the Senate of the United States thereon, was whether they shall be pressed or not7 we should wait until we know 

regarded l>y either France or the United States as the renouncement of any what they all are and the character of them. claims of American citizens against France. 

Second. On the contrary, in the treaties of1803 the two Governments took up There is one class that has been excluded by this amendment, the 

the question precisely where it was left on the day of the signature of that of claims of insurance companies. This wedge is to be driven, like all 

1800, without suggestion on the part of France that the claims of our citizens wedges, point first. The claims which seem on the face of them to were excluded by the retrenchment of the second articfo or the note of the First 

Consul, nnd proceeded to make ample provision for such as France could be in- have the most equitable merit are t-0 come in first, and behind them 

duceu to admit were justly due, and they were accordingly di.scl.iarged in fulJ, will come trooping all the balance. 

with interest, by the United States in the stead and behalf of France. I t •t t'l th C t f Cl · h r. d ·i.~ fu t' Third. 1.'he United Hto.tes, uot having admitted in the convention of 1800 that ie us wai un 1 e our O auns as perJ.Orme lla nc ion 

they ·were under any obligations to France by re11.son of the abrogation of the under the act. Until it has reported on all the claims so that we may treaties of 1778 and 1788, perse>ered in this view of the question by thP tenor of see all the classes aud know the entire amount and all the consideralhe treaty of 1803, and, therefore. bad no such national ol>ligation to discharge, t' h' tt.. b dd d fi d · th h Id t d and did not, either in purpose or in fact. at any time, unde1·ta.ke to discharge ions w icn can e a nee or nn agamst em, we S OU no e- tbemsel \'eS from any such obligation at the expense and with tbe property of termine on their payment. individual citizens of the United States. I ask for the yeas and nays on the amendment. 

Fourth. By the tr<'aties oflS03 the United States obtained from France theac- Tb d d d knowledgment and payment, as part of the indemnity for the ce~sion of Loui- e yeas an nays were or ere · siana, of claims of cilizens of tbe United States for spoliations, so far as France Mr. BLAIR. All former adjudications by the legislative power apon would admit her liability in the premises; but even then the United States dill this question, tho5e nearest to the facts, all reports of committees, and 

not relinquish Rily claim of American citizens not provided for by those treat- all the action of Con!!ress have al ways been upon the merits of the case, ies; so far from it, to the honor of France be it remembered, she expressly re- ~ 

served to herself the right to reconsider any rejected claims ot' citizens of the the merits of the claims; and in those two instances where one bill was United States. vetoed by President Polk and the other vetoed by President Pierce 

Fifth. As to claims of citizens of the United States agRinst France, which had there was a very Jarge maJ· ority of both branches of Con"t-.ress in each been the subject of controversy between the two countrie, prior to the signa- o ture of the conYention of 1 o. and the further consideration of which wRs re- case who believed in the merits of the claims. 

served for a more convenient time by the second article of that convention: for Mr. HAMPTON. What is the pending motion? 

1bese claims, nnd these only, provision was lllD.de in the treaties of 1803, all Th PRESIDING OFFICER 0 th d · t' other claims being expressly excluded by them from their scope and purview·. e ~ · n e amen ment mser rng a new n is not to be overlooked, though not necessary to the conclusion, that by the section in relation to the French spoliation claims. 

convention l>elween France and the United States of the 41h of .July, U!31, com- I Mr. GORMAN. On the amendment of the Committee on Appropria- plete provision was made for the liquidation, discharge, and payment, on both tions? 

sides of all claims of citizens of eithe1· against the other for unlawful seizures, ' · . captures, sequestrations, or destructions of the yessels, cargoes, or other prop· The PRE ID ING OFFICER. On the committee's amendment. 

crty, without ~ny limitation of time, so as in terms to.run back to the date of I Mr. GORl\IA.N. I only want to say that I not only consider this a the last precedu?g settlem.ent, a~ least to that of 1so3, If not to the commence- proper amendment but I re<Tret exceedingly that the Committee on 

This review of ttie successive treaties between France and the tJnited States {\.ppropriations have not gone further and provided for the amount of ment of out· natwnal relations with France. I · · ' 0 • • 

has br?ught my mind to the undoubting conviction tha~ while the Un!ted States claims adjusted and held by the various· insurance companies. But I 

have, m the most ~mp~e and the complete3 t manner, ~ischarge~ their duty to- shall not press that matter at this time but content myself with vot- wards such of their citizens us may have been at any time nggrie\'ed by acts of . . 1 1 

the French Govemment, so, also, France has honorably discharged her.self of rng for the committee s amendment. 

all. ob!igntions in the premise.s towards Urn United States. 'l'o concede what The PRESIDING OFFICER. The question is on the amendment ~~1~i!>~lh~1~dS~a~~~ld be to impute undeserved reproach, both to France and of the Committee on Appropriations, upon which the yeas and nays 

I am, of course, aware that the bill propo es only to provide indemnification have been ordered. 

for such vali? claims of citizens of the U:nited States against Fmnce as shall not The Secretary proceeded to call the roll. ave beef! shpulatert for !l-nd .embraced m a~y of the tree.ti.es eoull?-erated. But 1\[r DA VIS (when bis name was ,.,, lled) I am P"tr' ed 'th the rn excludmg all such cln1ms It excludes all, m fact, for which, durmg the nego- • . . ..,... · . •• Wl 

tiations, Frnnce could be persuaded to agree that she was in anywise liable to Senator from Ind1:ma [Mr. TURPIE], and therefore withhold my vote. 

!he United S~ates or our .citizens. What I'emair:s? And for what is five mill- Mr. QUA. Y (when his name was called). I have a general pair with 

ions appropria.ted? In. view ?f'."!Jat has been ~aid, ~here would se~m to be no the Senator from West Vircrinia [Mr FAULKNER] Not beincr aware ground on which lo raise a hab1hty of the Umted States, unless it be the as- · • . • • '"'· • • -'- • o sumption that the United States are to be considered the insurer and the guar- of bis pos1bon on this question I withhold my vote. 

ant?r of all cl~ims, o! whatever nature, which any individual citizen may have Mr. WALT HALL (when his name was called). I am paired with 

against a foreign nation. FRANKLIN PIERCE. the junior Senator from Wisconsin [Mr. SPOONER]. 

. The >eto message wn;s considered m the.House immediately after its recep- c·i1led) My collea<Tue [Mr WILSON] is' det.ained from the Senate by . . . . . I Mr. GORMAN (when the name of Mr. WILSON, of Maryland, was 

tJOn, and on the follow1ng day. The question was then taken on ''the passage . ' . · . . o - • ~ " 

of the bill, the President's objections to the contrary notwilbstanding," and it md1Spos1t1on. If be were present, he would vote yea.'' was disagreed to by a Yote of 113 yeas l\gainst 86 nays. So, two-thirds not voting The roll·call was concluded. 

In the affirmatirn. the Hon<= e refu ed to pass the bill over the President's veto. 1t'lr. DOLPH. I announce that my colleague [A'lr. MITCHELL] is 

Mr. HALE. I clo not propose to consume the time of the Senate necessarily detained from the Senate, an:l I have transferred my pair 

upon this subject. The Senate has aheady twice before adopted these with the Senator from Georgia [Mr. BROWN] to my colleague, so that 

claims as just and reasonable and as claims that should be paid, and my colleague will stand paired with the Senator from Georgia. I vote 

has incorporated them in several Congresses before this upon appro- "yea." 

priation bills. So I have no doubt as to what will be the attitude of Mr. MANDERSO~. l\Iy colieagne [l\lr. PADDOCK] is paired with 

the Senate now. the Senator from Louisiana [Afr. Eu TIS]. 

All the matters to which the Senator from Kan~as has referred were Mr. SANDERS. I am paired with the Senator from Indiana [Mr. 

discussed fully in Congresses which b.we passed away, and have been VOORHEES]. If he were present, I should vote" nay." 

reported upon time and again by the great minds and great men in Mr. STOCKBRIDGE. I desire to announce that my colleague [Mr. 

both the House of Representatives and the Senate, and these cJaims l\Ic l\IILLAN] is paired with the Senator from North Carolina. [Mr. 

have never failed to receirn the favorable indorsement of Congress. V NCE]. 

This present generation took the matter up in the Forty-eighth Con- Mr. TELLER. M.v colleaj!;ue [Mr. WOLCOTT] is detained from the 

gress, and after complete consideration and debate adopted the claims Senate by sickness. He is paired with the Senator from West Viras just and sent them for adjudication to the Court of Claims. That ginia [Mr. KKXNA]. 

bill, by great majorities, was adopted in both branches of Congress and Mr. BATE. I desire to say that my colleague [Mr. HARRIS] is deapproved by the President. l tained from the Senate by sickness. He is paired with the Senator 

I deem what I say in this regarda sufficientanswer to what theSen- from Vermont [Mr. MORRILL]. 

ator from Kansas bas said, and I shall be very glad to have the expres- Mr. BLA.CKBURN. I desire to state that my colleague [Mr. CARsion of the Senate upon the subject. LISLE] is paired with the Senator from North Dakota [l'tfr. PIERCE]. 

Mr. PLUMB. I want to say that the debate which has occurred Mr. SANDERS. As I understand there is not a quorum voting, I 

heretofore, so far as I have observed it, has related to the propriety of am authorized to vote for the purpose of making a quorum, and I vote 

sending these claims to the Court of Claims, not for the purpose of bav- ''nay.'' 

ing that court determine that the Government ought to pay them at Mr. EVARTS. I beg to announce that my colleague [~Ir. HrscocK] 

all, but for the purpose of ascertaining what the amounts ot certain has been called away from the city by illness in his family. 

claims were, and when such a proposition is presented nearly every'- Mr. McPHERSON. I am paired with the Senator from Delaware 

body is willing to rid himself of personal responsibility by saying, "Oh, [Mr. HIGGINS], and therefore withhold my vote. 

let the court decide what the amounts are." But the court was not Mr. HEARST. I am informed that my colleague [Mr. STANFORD] 

authorizedtoandhasnotrendereda.judgmentagain ttheUnitedStates if present would vote "yea." Therefore I >ote "yea." 

in these matters in response to any act of CongreHs or otherwise. ?\fr. 'VIL 'ON, of Iowa. I am paired with the Senator from MaryThere ha never been, therefore, any authentic expression of this I land [Mr. Wn,so~]. bat I understand that if present he would vote 

body to the effect that these claims ought to be paid; and such an ex- ''yea'' on this question. I therefore feel at liberty to vote, and I vote 

"Pression never ought t-0 be made. They are in my judgment essentially ''yea.'' 

fraudulent as ~bligatious against the Government; and it seems to me Mr. BLAIR. My colleague [.M:r. CH.A.~DLER], who is absent sick, 

XXI-547 , 

' ~ .. 

-....

~. 

'. 

, . ; 

,.. 
,, 

''• 

.. 

.·. : _, 

8738 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

is paired with the Senator from New Jersey (Mr. BLODGETT]. If my 

colleague were present he would vote ''yea,'' and I think the Senator 

from New .Jersey would also vote "yea," but I am not sure; and so the 

pair may stand. 

I am paired with the Senator from Mississippi (Mr. GEORGE]. I do 

not know bow he would vote on this quest.ion ii he were present, and 

therefore I withdraw my vote. I have already vot-ed in the affirmative. 

The PRESIDING OFFICER. Does the Chair understand the Senator from New Hampshire to withdraw his vote? 

Mr. BLAIB. I do, unless it be necessary to make a quorum, in 

which case I am at liberty to vote. 

'I'he PRESIDING OFFICER. The Senator's vote seems to be necessary to make a quorum. 

Mr. BLAIR. Then I will let my vote stand in the affirmative. 

Mr. CASEY. Uy colleague [l\Ir. PIERCE] is absent from the city 

by reason of illness in his family. He is paired with the Senatorfrom 

Kentucky p1r. CARLISLE]. 

Mr. COCKRELL. I am paired with the Sena.tor from Massachusetts 

[Mr. DA WES], but for the purpose of making a quorum I will vote 

"nay." 

l\Ir. WALT HALL. I have a general pair with the Senator from 

Wisconsin [Mr. SPOONER], which I have already announced, but I will 

vote to make a quorum. I vote "nay." . Mr. BATE. I wish to announce that the Senator from Florida [Mr. 

PAsco] is paired with the Senator from Illinois [!\Ir. FARWELL]. 

The result was announced-yeas 31, nays 12; as follows: 

Aldrich, 

Allen, 

Barbour, 

Blair, 

Butler, 

Cameron, 

Casey, 

Cullom, 

Bate, 

Berry, 

Blackburn, 

Dixon, 

Dolph, 

Evarts, 

Frye, 

Gibson, 

Gorman, 

Gray, 

Hale, 

Cockrell, 

Coke, 

Colquitt, 

YEA.S-31. 

Hampton, 

Hawley, 

Hearst, 

Hoar, 

Manderson, 

Morgan, 

Platt, 

Power, 

NAYS-12. 

Edmunds, Plumb, 

lteagan, 

ABSENT-4L 

Allison, Faulkner, Mitchell, 

Blodgett, George, Moody, 

Brown, Harris, ~Iorrill, 

Oa.11, Higgins, Paddock, 

Carli le, Hiscock, Pasco, 

Chandler, Ingalls, Payne, 

Daniel, Jones of Arkansas, Pettigrew, 

Davis, Jones of Nevada, Pierce, 

Dawes, Kenna, Quay, Eustis, Mc)lillan, Sherman, 

Farwell, McPherson, Spooner, 

So the amendment was agreed to. 

Pugh, 

Ransom, 

Sawyer, 

Squire, 

Stockbridge, 

Teller, 

Wilson of Iowa. 

Sanders, 

Vest, 

Walthall. 

Stanford, 

Stewart, 

Turpie, 

Vance, 

Voorhees, 

Washburn, 

Wilson of Md. 

Wolcott;. 

Mr. HALE. I offer the amendment which I send to the desk, to come in as section 5, on page 111, whirh would leave the present section 5 to stand as section 6. I will simply state that this amendment 

provides for the claims which have been sent up as certified from the 

regular officers of the Treasury Department subject to the last call. 

The PRESIDING OFFICER. The amendment will be read. 

The SECRET.ARY. It is proposed to insert as section 5: 

That for the payment of the following claims, certified to be due by the sev- eral accounting officers of the Treasury Department under appropriations the balances of which have been exhaust-ed or carried lo the surplus fund under the provisions of section 5 of the act of June 20, 1874, and under appropriations heretofore treated as permanent, as se.t forth in Senate Executive Document. :r o. 211, Fifty-first Congress, first session, there is appropriated as follows : 

CLAIMS ALLOWED BY THE FIRST COMPTROLLER, 

STATE DEPARTMENT. 

Foreign intercourse, as follows: For salaries of ministers (certified claims), $801.20. For contingent expenses foreign missions (certified claims), 8191.82. For Sa.la.ries consular service (certified claims), $439.85. For loss by exchange, consular service (certified claims), $42.67. For buildings and gro•mds for legation iu China (oertified claims), $133.05. 

For contingent expenses United States consulates (certified claims), $417.36. For relief and protection of American seamen (certified claims), $227.5L For pay of consular officers for :iervices to Am.erican vessels and seamen (cer- tified claims), ~l.58. 

TREASURY DEPARTMENT. 

For ealaries, office of Third Auditor (certified claim), $362.88. Internal revenue, ns follows: For refunding taxes illegally collected (certified claims), $31,156.43. For drawbacks on stills exported, act March l, 1879 (certified claims), $60. 

For salaries and expenses of agents and subordinate officers of internal reve- nue (certified claims),~16.87. 

Miscellaneous: For pay of MSistant custodians and janitors (certified claims), ~.35. 

For fuel, lights, and water for public buildings (certified claims), $7.53. For furniture and repairs of same for public buildings (certified claims), $27.47. For repairs and preservation of public buildings (certified claims), $39.93. For heating apparatta for public buildin~s (certified claims), Si.55. For international exchanges, Smithsonian Institution: Certified claims (except claims Nos. 56007, 56608, 56710, and 56711), $1. o.>. For contingent expenses, independent treasury (certified claims), $442. iQ. For contingent expenses, mint at Denver (certified claims), $2.31. 24. For legislative expenses, Territory of Montana (certified claima), &750. For salaries, governor, etc., Territory of Alaska (certified claims), SI, 361. 68. 

INTERIOR DEPARTMENT. 

For Geological Survey, certified claim (except clai.ms Nos. 273893 and 273900), • $t8.27. 

For expe_nse of hearings in land entries (certified claims), $8.22. For contmgent expenses of land offices (certified claims), $10.44. For expense of depositing public moneys (certified claims), l.01. For salaries and commission of registers and receh·ers (certified claims), ~4.57. 

For surveying the public lands (certified claims), $30,363.83. For resurveys of the public lands (certified claims), 51,62t.OO. For sun·eying prh·ate land claims iu New :l\Iexico (certified claims), $)36.18. For reimbursement to receivers of public moneys for excess of deposits (cer- tified cla ims), 10.82. 

For payment to Colorado on account of sales of land (certified claims), $i8,-

85i.72. For payment to Michigan on account of sales of land (certified claims), ft.· 

993.79. 

For payment to Nebra.sn on a ccount of sales of land (certified claims), $111, 385.08. DEP ARTMENT OF Jl!STICE. 

l~~r pay of regular assistant attorneys, United "tates CQurts (certified claims), 

For pay of special assistant attorneys, United Sta'tes courts (certified claims), 

,..13,902.62. 

For special compensation of district attorneys, United Slates courts (certified 

claims), $3,426.03, For fees of clerks, United States courls (certified claims), l09.25, For fees of witnesses, United States courts (certified claims), $30.80. 

For fees of commissioners, United 8tate:1 courts (certified claims), $212. 

For miscellaneous expenses, United States courts (certified claims), Sl8i.60. 

CLAIMS .AI.LOWED BY THE FIRS'J.'I. .AUDITOR Al'n> CO.lDUSSIONER OF CUSTOMS, 

For expenses ofcollecting the revenue from customs (certified claimsj, S7,928.()6. FoF Life-Saving Service (certified claims), $478.61. For repairs of light·houses (certified claims), $10.19. Fo1· l\Iarine-Hospital Service (certified claims), $0.99. For lighting and buoyage of rivers (certified claims), ~.I . For expenses of light-vessels (certified claims), $325. 

'WAR DEPARTMENT. 

CLAIMS ALLOWED BY THE SECOND AUDITOR AND SECOND COllPTROLLER. 

For pay, etc., of the Army, 1887 and prior year (certified claims), 11,312.39. For pay, etc., of the Army, I (certified claim~). $1,310.0.S. For pay .of volunteers, l\Iexica.n war (certified claims), ~&!.12. 

For traveling expenses First Michigan Cavalry (certified claims), ~00. 70. For pay of Military Academy (certified clajms), 8:3. 39. For Hignal Service pay, 1889 (certified claims), S30L 09. 

For Signal Service, medical department (certified claims), $18. 95. 

For conlini;rencies of the Army (certified claims), ~06.56. 

For medical and hospital department (certified claims), $209. 70. 

I1'"'TERIOR DEPARTMENT. 

CLAIMS ALLOWED BY THE SEC01'"D AUDITOR AND SECOND COlIPTROLLER. 

For contingencies Indian Department (certified claims), $153.99. For incidentals in California (certified claims), ~90.40. 

For incidentals in Dakota (certified claims), $50. 

For incidentals iu New l\Iexico, including employes and support and civiliza- tion (certified claims), $4. 

F01· incidentals in Utah, including employcsand support and civilization (cer- tified claims), S9. For Indian schools, support (certified claims), $23.28. 

For pay of Indian agents (certified claims), $123.58. For support of Arickarees, Gros Ventres, and Mandans (certified claims),$12. Fo1· support of Arapahoes, Cheyennes, Apaches, Kiowas, Comanches a.nd 

Wichitas (certified claims), ,.16. ' 

For support of Chippewas of Lake Superior (certified claims) $8. 

For support of Chippewas of Red Lake and Pembina. (certifie'd claims) $10. For support of confederated bands of Utes, beneficial objects (certified ciaims) ~ . ' For support. of Gros Ventres in Montana. (certified claims), $12. For support of Indians of Fort Peck agency (certified claims) $32. 

For support of Indians in Arizona nnd New Mexico (certified 'claims) $74. For support of l\Iodocs in the Indian Territory (certified claims), $2. ' 

F or support of Kez Perces of Jo eph's band (certified claims), .. 14. si:.or snpport of I' orthern Cheyennes and Arapahoes,clothing (certified claims), 

For support of Shoshones, clothing (certified claims), $18. For s upport of Shoshones in Nevada (certified claims), Sl4. For support of Sioux of different tribes, clothing (certified claims) ~46. 

For support of Sioux of Lake Tra"Verse (certified claims), SH. ' For support of sur"Vey of Indian reservations (certified claims), $1 700.18. For support of surveying and allotting Indian reservations (certifled claims) ~~~ ' For support of transportation oflndian supplies (certified claims), SZ.3.12, 

INTERIOR DEPARTlIENT. 

CLADIS ALLOWED BY T H.Ill THIRD AUDITOR AND SECO~D COlIPl!ROLLER, 

For Army pensions (certified claims) 573.60. For fees of examining SUl'geons (certified claims), $4. 

'VAR DEPARTMENT. 

CLAJYS ALLOWE D BY THE TIIIRD AUDITOR AND SECOND CO::nl'TROLLER. 

For subsistence of the Army (certified claims), $4,883.~i. 

For i:eg~1lar supplies, Quartermaster's Department (certified claims), 238. 68. 

For incidental expenses Quartermaster's Department: Certified claims (ex• 

cept two claims in settlement, No. 96746 and claim No. 99987), $1 074.45. For transporta tion of the Arm y and its supplies: Certified' claims (except claims Nos. 101601, 1016i3, 102911, 107995, 106498, and 105663), ,..103,239.45. For 50 per cent. of arrears of Army transportation due certain land-grant rail- roads (certified claims), $364.68. For clothing, camp and garri~on equipa~e (certified claims), $2. 

For horses for cavalry and artillery (certified claims), Sl,662.~. 

For barracks and quarters (certified claims), $2,709. 

. For Signal Service transportation: Certified claims (except claim No.101001), 

$96.12. 

For gunboats on Western rivers (certified claims), Si5.42. For contingencies of fortifications (certified claims), $5,545.88. For observation and report of storms: Certified claims (except claims Nos 95463, 96753, 92557, 95084, 00739, 90614, 97013, 92885, 96754, 929-13, 90625, 00155 9<>972" 

91277, and 91278), S9,980.70. ' - ' For improving St. Francis River, Arkansas, 34 cents. For construction and i·epnir of hospitals (certified claim!!), $7.20. For refunding to States expenses incnrred in raising volunteers act July Z1 1861 (certified claims), as follows: To the State of Ohio, $1,775.40. ' ' For 20 per cent. additional compensation (certified claims), 6636.71. For pay, transportation, service, and supplies of Oregon and Washington vol• unteers in 1855 and 1856 (certified claims), $1,325.14 • 
,. .. - f • 

• ~ I .-

... . ···; 

... ~. 

. , . ..... 

1890. CONGRESSIONAL RECORD-SENATE. 87'39 

For pl\y of claims adjudiCJ\ted by board of officers, act of August 5, 1854 (to be 

credited in the accounts of John C. Fremont, major-general, United States 

Army, involving the payment of no money from the Treasury), $74,768.48 .. For horses anti. other property lost in the military service (certified claims), 

$54,599.73. NA VY DEP ARTMJfXT. 

CLADIS ALLOWED BY THE FOURTH AUDITOR AND SECO?H> COllPTROLLER. 

For pay of the Navy (certified cl~ims), $10,131.26. - For pay of the Navy (certified. claims), allowed under the decision of the 

'O'niled States Supreme Court in the case of Rockwell, l'>fnllan, Baker, and 

Cook, Sl5,550.0S. Fo1· pay of the Navy (certified claims), allowed under the decision of the 

United States Supreme Court in the case of Strong, $22,086.23. For pay, miscellaneous (certified claims), $844.69. For contingent Navy (certified claims), $2. For pay of the l\Iarine Corps (certified claims),$337.83. For transportation and recruiting, Marine Corps (certified claims), S13.!i8. For contingent, l\larine Corps (certified claims), $141.11. For contingent, Bureau of Navigation (certified claims), $132.34. For contingent, Bureau of Ordnance (certified claims), $4.21. For contingent, ~ureau of Equipment and Recruiting (certified claims)1 $484. 92. For provisions, Navy, Bureau Provisions and Clothing (certified chums), al· 

lowed under the decision of the United States Supreme Court in the case of 

Strong-, $7,689.85. For bounty for the destruction of enemies' vessels (certified claims), $3Gl.26. For payment on account of clothing and bedding destroyed by order for sanitary purposes (certified claims), S9!.97. For extra. pay to officers and men who served in the Pacific (certified claims), 

allowed under act March 3, 1853, $182.17. Fm· indemnity for lost clothing \certified claims), S936.66. For 20 per cent. additional compensation (certified claims), allowed under joint 

resolution, February 28, 1867, $10,945.47. For enlistment bounties to seamen !certified claims), $7,289.82. For the payment of claims for difference between actual expenses and mileage, 

allowed under the decision of the United States Supreme Court in case of 

Grl\ham vs. The United States (certified claims), $41,667.4.3. For provisions, :Marine Corps (certified claims), $231.27. For provisions, Navy (certified claims), $34.55. 

CLAIMS ALLOWED BY THE SIXTH AUDITOR. 

For deficiency in the postal revenues, 1888 and prior years, $7,790.77, 

Mr. COCKRELL. I should like to ask the Senator in charge of the 

bill if that is a regular document, certified by the accounting officers, 

giving the names and amounts, etc., of the accounts which have been 

adjusted in the Treasury Department? . Mr. HALE. It is precisely that. It is a list of small claims which 

are sent up in response to the call of the Senate, and the amendment 

only consists of lists which have been thoroughly examined and certified. 

Mr. COCKRELL. I hope it will be printed and inserted in the bill 

without reading. 

Mr. PLUMB. I do not understand that the items go in the bill, 

but merely the reference to the document. Is that so? Do all these 

items go in the bill? 

Mr. HALE. All the names. Mr. PLUMB. Then I think this ought to be printed as a document, 

the so.me as other reports of the same kind are printed. 

Mr. HALE. It bas already been printed. 

:Mr. PLU.M:B. I did not observe that. 

Mr. COCKRELL. It has just come in this morning. It is Senate 

Executive Document No. 211. 

The PRESIDING OFFICElt Does the Senator from Missouri ask 

to have it printed in the RECORD? 

Mr. COCKRELL. It will be printed in the RECORD a.q an amendment offered and agreed to, just as if it were read in detaiJ. 

The PRESIDING OFFICER. Is there objection to dispensing with 

reading all the items of the amendment? The Ch.air hears no objection, and the further reading will be dispensed with. The question is 

on agreeing to the amendment. 

The amendment was agreed to. 

Mr. HALE . . Section 5 will now become section 6, but I suppose the 

clerks can arrange that. 

The PRESIDING OFFICER. The change will be made, in the absence of objection. 

Mr. REAGAN. I desire to offer an amendment to come in after 

line 5 on page 10. 

The PRESIDING OFFICER. The amendment will be stated. 

The SECRETARY. After line 5, on page 10, it is proposed to insert: 

Fo':" paving Franklin and Fannin streets in front of the post-office building 

in Houston, Tex., $1,!)00. 

Mr. HALE. I am obliged, as this is one of a great many claims of 

that kind where for years Congress has not made any provision for paving 

the streets about Government buil:lings, to make the point of order 

upon the amendment. The Senator will notice that there are no items 

of that kind in the bill. The committee considered several of them 

and left them out. 

Mr. REAGAN. Very well. 

The PRESIDING OFFICER. TheChairsustainsthepointof order. 

Mr. COCKRELL. In connection with the same subject-matter I desire to say that I presented to the Appropriations Committee an amendment reading as follows: 

For custom-house, court-house, and post-office at St·. Louis. Mo · For pavin"' 

with granite block.a Eighth and ~!nth streets, between Olive and ~custstreet; the pro rata share of the United States, the sum of Sl,050. ' 

Tbat was r~jected by the committee on the ground stated by the 

Senator from Maine, and all other claims of that kind were rejected. 

. '• 

There was an appropriation made some time ago for paving the other 

two streets around the custom-house at St. Louis by the committees 

of the Senate and the House. Since then they have adhered to the 

rule of making no such appropriations as this or as the one offered by 

the Senator from Texas. I intended to offer this amendment, but as 

the Chair has decided the amendment of the Senator from Texas out 

of order, I shall not offer it. 

The bill was reported to the Senate as amended. 

The PRESIDING OFFICER. If there is no desire to reserve any 

of the amendments, shall the question be put on concurring in the 

amendments made as in Committee of the Whole in gross? ' 

Mr. COCKRELL. I understood the Senator from Maryland [Afr. 

Gom\I.AN], whom I have sent for-I supposed he was in his seat-desired to reserve an amendment on page 59 in relation to the irrigation 

investigation. I have sent for the Senator. I see he is just entering 

the Chamber. I understand it is the desire of the Senator to have the 

amendment on page 59 reserved for separate action. 

Mr. GORMAN. I do. I ask to reserve the amendment on paae 59 

from line 18 to line 25. 0 

.Mr . .ALDRICH. I have an amendment to offer by direction of the 

Committee on Rules. 

The PRESIDING OFFICER. The question is, will the Senate concur in the amendments m:ide as in Committee of the Whole except the 

one which has been reserved? 

The amendments with the exception of the one reserved by Mr. GoRl\I.AN were concurred in. 

The PRESIDING OFFICER The question now is on the resen-ed 

amendment. 

Mr. HALE. There is an amendment to which there is no objection 

which the Senator from Rhode Island [l\fr. ALDRICH] has just ofiered 

from the Committee on Rules. 

.Mr. COCKRELL. Let it be read. 

The PRESIDING OFFICER. Will the Senator withdraw it until 

the reserved amendment shall have been acted upon? The reserved 

amendment will be stated. -

The SECRETARY. On page 59, after line 17, the Senate, as in Com~ 

mittee of the Whole, inserted the following clause:-

Irrigation investigations: To enable the Secretal'y of .Agriculture t-0 continue to completion his investigations for the purpose of determining the extent and 

availability for irrigation of the underflow and artesian waters within the re- gion between tlie ninety-seYenth degree of longitude and the eastern foot-hills 

of the Rocky Mountains, and to collect and publish information as to the best 

methods of cultivating the soil by irdgation, $10,000. 

Mr. GOR:\IAN. Mr. President, I trust this amendment will not be 

adopted. We have made in various times past large appropriatiollil to 

enable the Commissioner of .Agriculture, now the Secretary of .Agriculture, to make these examinations, and bore wells, et<l., for the purpose of irrigating the arid regions. In addition to that, in the sundry 

civil bill a very large amount has been appropriated practically for the 

same work, to ascertain all these facts. 

I regard this amendment as simply creating in the Department ot 

Agriculture another great bureau practically to take the place of l\Iajor Powell's bureau, or duplicate it. It means the expenditure of a 

very large amount of money. There have been preliminary examinntions and reports under an appropriation, I think of $20,000, made a 

year or two ago. I can not lay my hands upon the act now, but my 

recollection is that it provided that the $20,000 should complete the 

survey. I have every reason to believe that all the information which 

is practicable to be had is already contained in that report or will be 

when the examination has been finished and the report has been completed. 

There has been a struggle going on for quite a time and we haditon 

the sundry civil bill against the programme and line of action under the 

act of 18881 under which Major Powell was selecting reservoir sites in 

a part of the same region, and at the same time that investiaation was 

going on under the Depa.~tment of A~riculture by some very ~ompetent gentlemen I hs.ve no doubt, and they have made, as I have said before 

a preliminary report which I have no doubt is valuable. But, sir, th~ plain truth of the case is that these geatlemen properly are au offshoot 

of :Major Powell's organization, but a.re put in the .Agricultural Department. We shall have that great Department, backed up by the farmers of the country as -:it will be, demanding that we shall not only 

authorize it to look into the history and character of all the bugs and 

peach-ye:llows and worms and everything that is in existence upon this 

continent affecting agriculture; but we have started it by this appropriation to look afber the water that probably never will be found. 

.Appropriations have been made for boring wells heretofore and every 

dollar that the Government has expended in that line ha been sunk 

and no water whatever has been found, as I am told. 

I think for the time being we had better leave the matter, and, as 

was well said by our friends who represent the sterling, active, energetic.men who go into that country aad take their lives in theft hands 

and their fortunes in front of them, let them work .out this problem 

themselves without any further assistance from the Government. All 

of them have denouneed these scientists as being entirely inefficient 

and of no account, with one or two exceptions. 

But this is a proposition under the inspiration of the men who want 

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8740 CONGRESSIONAL RECORD- SENATE. AUGUST 18, 

places. Of course they play upon the desires of the gentlemen who 

represent those communities, but the ground truth is that they desire 

to c1·eate in this Department another great organization which, if we permit to be begun now and to go on, will equal that which.,. we have 

been trying to curtail in the Interior Department. Here you will have 

this work duplicated in the Agricultural Department and in the Interior Department, where l\lajor Powell is, and I believe he has collected 

all professors who can not find colleges and the young fellows who have come from the universities, and this has heretofore been and is now, I 

have no doubt, the final step which those young men take at the ex- pense of the Government. If the result of their work is such as bas 

been described by the dh~tinguished Senaton who represent that sec- tion of tbe country, that bureau ought to have been abolished or curtailed as a matter of course. Now we come to another proposition right in tbe same region of 

country where this corps has been opemting, to start these gentlemen 

who have been temporarily employed in the Agricultural Department, 

in an irrigation suney. I remember very well when the first propo· 

sition came here. They said, "With $20,000 we will complete this examination;' but the 20,000, as a matter of course, is gone, and now they want $10,000 to begin the experiment. As my friend from Kan- sas [Mr. PLUMB] and Senators on the oth~ side of the Chamber, who 

have had larger experience than I have, thought, we had better send ::i. few men out with peach sticks and forked sticks in their hands to 

find water, and they would meet with greater succeJS than we have 

had in the past. 

I regret that the Committee on Appropriations has recommended this 

appropriation. I repeat what I said on former occasions, that! do not 

believe this is a time to be. increasing the appropriations of the Government for new enterprises and for new offices. It is as perfectly 

well known as any fact can be, that the obligations of the Government are such that the revenues are not equal to them, and before this ses- sion closes you must make provision for increased taxation to meet the 

obligations already existing. I do trust, sir, that in this matter which 

is bound to grow until it will take hundreds of thousands, if not millions of dollars, this appropriation will not be matle at this time. Mr. HALE. Mr. President, the Committee on Appropriations was as careful as the Senator from Marylaml could desire in examining 

iuto the question whether this involved the beginning of a new bureau or di vision in nuy of the Departments of the Government to undertake 

this work, and they found that the Department of Agriculture to 

which it is given is entirely conservative upon that matter. The Secretary does not desire to go on and amplify this work beyond this appropriation. A small appropriation for looking into this subject of the 

water supply in the subarid regions of the country beyond the ninetyseventh meridian wa.s given in the early part of the session, and the 

committee found thatthe money had been expended most judiciously; 

that in fact so careful was it that in the time which has elapsed, which 

is short, the entire fund has not been spent, showing a disposition on the part of the Department to get actual value for the expenditure of 

the money. Dy the researches that were made knowledge has been 

brought out as to the extent of artesian wells and the water supply 

below, and thio first aroused great interest in these communities and a desire that something further should be done, not to extend in the 

direction of an investigation or a scientific enterprise to cover years to 

come, but only to the extent limited in this appropria.tion. 

The committee believe and I believe that this money will do au immense amount of good; that it will bring to the attention of the people who have settled in that country and desire to stay in these ari<l 

and half-arid regions information upon which, by private enterprises, 

they may be able to get the water from below; and, looking at it broad 

and lar~e, the committee concluded that no better appropriation of 

Government moneys to this extent could be made than this appropriation. I certainly hope the Senate will sustain it. 

Mr. PLUMB. Mr. President, the SenatorfromUaryland must have 

been in a humorous frame of mind when he objected to this amendment on account of the imposition of burdens upon the Government. 

So far as levying new taxes, after having just voted on a yea-and-nay 

vote for the payment of over $1,~00,000 of claims which originated 

prior to 1800, which have been vetoed by two Democratic Presidents, 

which have bad the sanction of no court or other authority that could 

authentically say that the Government was obliged to pay them, which are in the process of adjudication, and of which we have only had the 

first section of the accounting, which will finally involve ten or twelve 

million dollars. The Senator, therefore, was not sincere, I judge, when 

be said he was obliged to vote for this money for fear that it would require the levying of new taxes. 

What is propo ed here is in the precise line of what is already contained in the agricultural approp~tion bill; and I would call to his 

attention two or three things which were put in that bill upon the suggestion and on the motion of persons on his side of the Chamber, and 

I do that for the purpose of showing that the line which he seeks to 

draw between proper and improper Government e~penditnre is not to 

be drawn on this item. On the motion of the Senator from Texas 

there was inserted in the agricultural appropriation bill this proviso, 

under the head of'' Investigating the history and habits of insects, division of entomology:" 

Providec1, That $2,500, or so much thereoi ns may be necessary, may be ex· pended for an in>estigation into the natural history of ancl remedies for the cotton-boll worm, for compensation of additional temporary agents of the division of entomology, for traveling expenses, chemicals, insecticide apparatus, 

and other necessary expenses in this investigation. 

That was with reference to a condition of things existing in regard 

to the cott.on-plant in the State of Texas; and cotton, along with corn and wheat and so on, is a very important element in the wealth of the 

country in its annual production, and all those things which go to 

make up the comforts and convenience and prosperity of the people; 

and the Senate and the Congress thought that it would be a good idea 

to ascertain, through the instrumentalities of the Government, w he th er something could not be done to prevent the spread and ravages of the 

cotton-boll worm, whereby the chief product of Texas was endangered. 

Prior to that au investigation had been carried on by means of Government funds for the purpose of investigating the cotton-worm proper, 

with the result of ascertaining that it could be eliminated and destroyed, 

and it bas been eliminated and destroyed as the result of the investigation carried on by the Government, whereby that great plant, amounting in value to many million dollara per annum, has been saved harmless from operations which before that had been disastrous to it. 

In addition to that, under the head of ''Vegetable pathological investigations and experiments-division of vegetable pathology," an amendment was inserted on the motion of the then Senator from Delaware, not now a member of this body, providing for an investigation. 

of the disease known as the peach yellows, which seriously affected the 

peach supply of the State of Delaware, and that has been continued 

at this session on the suggestion, if not at the formal request, of tb6 

present Senators from that State; and so all the way through this bill, 

including the investigation of the California grape disease, and so on. Mr. President, another item in this bill relates to the extirpation of 

the disease of pleuro-pneumonia, in the expenditure for which the State 

of Maryland, from which the Senator is the honored representative on this floor, has had great benefit, not only in the employmentofseveral scores of her people in i;arious capacities, but in the obliteration 

of that disease through the instrumentalities of the Government and 

supplied with Government money. 

There is no domain in which so much of the Government money may 

be properly spent as in ascertaining the resources of the country. The 

Government has had a large area of land for saJe west of the one hundredth meridian, an area for a long time designated as arid, in which 

it was known that some contingencies in regard to the precipitation of 

moisture would naturally occur, and, moved by considerations of this 

kind, some years ago an appropriation was made to undertake an investigation. It was found to be too wide in its scape, too comprehensive, too expensive, and this body at last bas voted that it would not 

ha'Ve any more on that scale, a sea.le calculated to result in the expenditure of eight, or ten, or twelve million dollar~. 

On the other band it was deemed advisable to put under the control 

of the Department of Agriculture, a Department whose functions are related primarily to the products of the soil, an investigation having a limited scope and well understood for the purpose ofascertaining some of those things which private investors-and when I speak of private 

investors I speak of claim-owners, I speak of homesteaders, I speak of 

pre-emption settlers, I speak of the myriads of individuals who in an individual capacity, not through the instrumentalityofcorporationsat 

all, have gone upon the public lands west of the one hundredth meridian-whereby these people could have the benefit, not of their own knowledge merely, drawn from actual contact with the soil, on the subject of irrigation, but of all the knowledge all the people of the world 

might have, and more especially that which has been gathered in that area by persons widely spread over it, and, in addition to that, what- ever applied science might develop in order that their holdings might 

be made more secure. They have been the subject of great misfortune. I do not need to 

enlarge now upon the merits of that claS'3 of men. They are not the 

idle and shiftless; they are not the people who have been content with 

to-day's shelter and to-day's food and clothing, but they are the people 

who have been constantly aiming at something better, and whose aim 

has been of a national character, because it related to the development 

of the national resources. They have been improvident, I agree, but 

it is the improvidence of an enterprise that helps everybody else but 

themselves; it is nn improvidence that has added to the national resources. It bas impoverished them for the time being, and they are hanging 

on by the eyelids in this great area, and the fringe of them, and what 

they ask is that the Government shall make ~pitiable expenditure of 

$40,000 to enable them to determine what the investigation may disclose, whether it is idle or whether it is wise for them to stay longer 

where they are, and in their determination is involved the cash value 

of all that great area, a matter which amounts to more to the Treasury, 

if you sum it up in cash in dollars and cents, than the whole amount 

necessary to pay the French spoliation claims and all the appropriations of the Government for the next ten years to com~, because, if 
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1890. CONGRESSIONAL RECORD-SENATE. 8741 

they are able to hold the possessions they have got, if they shall be 

encoura~ed by this investigation to believe that rain will come from the 

clouds or w~ter from the ground under their feet by appliances of their 

own, by which they may obtain the moisture necessary to fructify that 

soil, they will stay there and they will be the corner-stone upon which 

other settlers will build, and finally become large and prosperous com- munities, each one of them giving strength to the Republic and impulse and power and volume to its resources. It is not, as the Senator said, designed to make a bur~au as a permanent source of further expense. On the contrary, it is designed to 

be entirely completed within a brief period and with a very limited 

expenditure. It is designed to fill the field that has already, to a cer- tain extent, been occupied by the minor appropriation made on the 

urgent deficiency bilJ, which was passed through in the spring months- an appropriation so faithfully applied, I beg the Senator from Maryland to observe, that the Department of Agriculture in place of spending that money, on finding that it could not prior to the 1st of July 

spend it judiciously, turned $5,000 back to the Treasury-something 

that is rather unique in the history of departmental expenditures, I 

think. 

Now, this same Department has said through its Assist.ant Secretary 

who has had immediate charge of this expenditure, that if he could 

have a. certain other sum, a larger sum it is trne than that which is 

here appropriated, be could finish up this work; that he could extend 

his explorations into all parts of this area, and that be could give the 

results of it to these people who are thus hanging on by the eyelids 

waiting to know whatever science and the accumulations offact'3 may 

give them in regard to the natural conditions with which they are sur- rounded to determine whether they are tOleave there or stay. 

This is not only not an unusual expenditure, but in the same general line the Government bas already expended hundreds of thousands 

of dollars for the benefit, not of settlers upon the public domain, not 

for the people who are in financial straits, but for the people in the 

older and more populous States of the Union. The Government is carrying on an elaborate system of experiment.s in regard to the resources 

of North Carolina and Virginia and Maryland and Pennsylvania and 

Ohio and Indiana, and so on, under the guise o{ making a geological 

map, the ultimate conclusion of which' will not be reached until millions of dollars have been expended. 

A Senator on this floor representing the State of Indiana called my 

attention to a report of explorations made in the State of Indiana by 

the Geological Survey which bad determined the limits and the value 

of the gas deposits in that State. Why gas any more than water? 

Why is gas any more essential to the development of the resources of 

Indiana than is water for the development of the resources of Montana, 

Western Kansas, Nebraska, the Dakotas, and so on? Is it because 

these people are new in the Union, is it because they are remote from 

the seat of power, is it because what they want does not represent a multitude of new offices, that· they are thus to be characterized that 

this is a demand for something entirely new, a domain upon which the 

Government bas never before entered? I agree the line is to be drawn 

somewhere. I agree for all practical purposes, considering the present 

temper of Congress, that it should be drawn at the line of actual delving into the ground and the digging of wells and ditches and so on. But is there any reason why there should not be done for the settlers 

in Montana and the Dakotas and Kansas and Nebraska and Colorado 

what has been clone for the already rich people of Indiana in determining the limit and scope of the gas-field by means of these investigations, 

by which they have bored their wells and out of which they are getting a profit that has been estimated at $10, 000, 000, the profit to them, 

it is true, which the Government, I take it, and the remainder of the 

people of tbe United States, do not begrudge them? 

It has been that much added to the national resources, because the 

national resources are only the sum of the individual resources of the 

people, and, inasmuch as we have undertaken similar work and inasmuch as we can now see the scope of the work, the beginning and the 

end of it, in its relations to the operations of these people thus unfortunately stci.nded in the arid and snbarid regions of the United States, 

it seems to me that it would be worse than criminal for Congress now to withhold this small sum, under any pretext that what we have given 

to the wives and to the families of dead Congressmen and other men for salaries they :::iever earned, and to the benefactions which one way or another are scattered all through the pages ofappropriation bills we pass, 

is so much that we must stick now upon an appropriation of $40, 000 for 

the accomplishment of the great national purpose of ascertaining what 

the water resources may be, which means also the agricultural re- sources of an area larger than the old thirteen States. 

.Mr. GORMAN. Mr. President, I beg to say to my friend from Kansas that I am perfectly sincere in my objection to this appropriation. 

It is true that I have voted for a large appropriation for the French 

spoliation <'laims, which I regard as a debt due by this Government 

that we are in honor bound to pay, as much so as the pensions which we have been voting to a very large amount daily and which I suppose will be increased hereafter. It is that class of obligations, to-

.1rether with the ordinary current expenses of the Government which 

'._ 

are increasing naturally from year to year, that induced me to say and 

induced the Senator from Kansas to say on a former occaBion would 

leave your Treasury practically bankrupt at the end of eighteen months 

from now under the present tax laws. I do oppose any appropriation 

for the increase of officers and enlargement of the scope of the governmental departments at this time. 

Now, nobody knows better than the Senator from Kansas that from 

time to time we have been appropriating money to make these experiments; that the Government of the United States has even gone to the expenseofborin~wells,and there has beenafailure in everycase; that 

every dollar of money we have placed in the hands of the Agricultural 

Department for the purpose of :qiaking the test has been thrown away; 

and that a year or two ago, when the Department came and asked for an appropriation to make an examination to ascertain and report what 

had been done by private enterprise, it was limited to the amount of 

$20,000, with the distinct provision that no further wells should be 

bored by the Government and that that $20,000 would be sufficient. 

Mr. PLUMB. There is no proposition to bore wells here at all. 

Mr. GORMA~. I understand there is no proposition to bore wells 

here; but the provision does not prohibit the Department from doing 

it, as was done under the former act . . It is the beginning, as I said, the 

creation of a new branch of this Depa.rtment which will grow and 

grow, and my friend from Kansas and others who are in favor of it 

will call upon all the agriculturists in the country to come forward 

and sustain this great Department. If you can ascertain the history 

of worms, as he bas well said, and how the peach yellows originate, 

then yon can furnish these famishing people with water; and according to the Senator's statement there would be great economy in doing it. 

Mr. PLUMB. Would it not have been a litt.le more consistent for 

the Senator to have opposed the appropriation for peach yellows and 

the cotton-boll worm at the timethan to let those slip throagh, affecting the people of bis neighboohood and his State principally, rather 

than to wait until this appropriation came up? 

Mr. GORMAN. Mr. President, I did not have charge of the making 

of this appropriation bill. It is impossible for any one Aenator to have 

the information or take any great interest in more than a small portion of the business of the Senate, that which comes under his direct 

control. • 

But I will say for the benefit of my friend from Kansas that, so far as i. have been able to get any information from the people who are interested in the peach yellows, there bas not been a single remedy suggested for the disease orany earthly good accomplished by all the money we have appropriated, and there is not likely to be. The astntie, ear- nest. men who are engaged in the peach culture have been trying to 

ascertain for a g.reat many years the cause of the trouble and whether 

there was a remedy. 

It has never been ascertained, and, in my judgment, it never will 

be, by any appropriation that Congress may make. The officials have 

made elaborat'6 reports with magnificent pictures. I have looked at 

the cuts and examined them, and then I have looked over my peach 

trees that are dying out from this fell disease, and all the benefit that - I have been able to derive from the reports is to learn that when the 

wind blows in a certain direction the disease is likely to follow the 

wind, from north to south or from east to west, as it happens to be. 

Absolutely no information and no results have been .obtained from it; 

and absolutely no information and no results have been obtained from 

the appropriation on account of these artesian wells, admitted on all 

sides to be squandered, and outside of the power of the General Government to do, and money thrown away. 

Congress appropriated $20,000 and the Department employed some very excellent and bright gentlemen. I have seen them and heard 

them. They naturally want to continue in that employment. They 

present the best possible case to induce Congress to give them a larger 

appropriation, so that they may go on with this work. They have not 

ascertained anything or done anything. People ham gone out on the 

plains and taken their lives in their hands, as the Senator from Kansas 

said, and their fortunes as well; and these employes of the Government have simply been over that country and ascertained what those men have done without the aid of the Government, and they have reported the facts to Congress. 

I hold the preliminary report in my hand, Miscellaneous Document 

of the Senate, 179, of this session. I think it is signed by the Secretary 

of Agriculture, or at all events it comes from his Department. Yes, it 

is sent here by the Secretary of Agriculture. He says: 

The appropriationOf $20,000-

The appropriation under which this investigation was authorized tlid not become available until the 14th of April. Up to date eleven weeks have been 

consumed. 

Now, about the investigation that the gentlemen he employed made, 

he says: 

During that timeEleven weeksDuring that time the supervising engineer has:traveled over 12,000 miles. the 

chief geologist at least 13,000, the seyeral division employes from 2,000 to 7,000 

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8742· CONGRESSIONAL. RECORD-SENATE. AUGUST 18, 

each, making in act.un.l travel at least 70,'lOO miles. The area. or operations em- braces the following divisionsN orth and South Dakot:i, Nebraska, Kansas, Indian Territory, Colo· 

rado. New Mexico, Texas, and so on. Then he says: 

Briefly summing up, it may be stated that over thirteen hundred deep-bore artesian wells. of which a.bout one thousand are still giving an undiminished supply, are reported upon. They are located as follows. 

That is practically the sort of information yon get from the report, 

although they promise, from the eleven weeks of observation and 70,· 

000 miles of travel, that they will give us a book of three hundred pa_ges 

later on; but there is not anything contained in it except the fact that 

the men who went out upon the plains, who have attempted to develop 

that region, have bytheirowns1..-illandenterprise, without a dollar's aid 

from the Government, bored thirteen hundred wells and have a thousand 

of them running, and so far as they can they have demonstrated the 

practicability of getting water. 

Now we are asked to establish a bureau in the Agricultural Depart. 

ment and pay a lot of distinguished gentlemen for running over what 

these men have done. I could understand, if the Go.,,ernment had intended to aid these men who have gone on the plains, who have at· 

tempted to develop the country, why we should say to them: "If yon 

want assistance in boring wells, let us ma'lrn an appwpriation for it," and 

let it be in the hands of practical men and actually do the work for 

them. But it will not benefit a single man upon the plains to have a report made to Congress showing only what they have accomplished. 

Mr. MORGAN. Who is to own the wells? 

Mr. GORMAN. There was a pwvision in the original act, one of 

the acts approved in 1886, that if the wells were bored by the Government the 160 acres of laud upon which they were located should be 

reserved and become the Government property, but these wells that 

have been bored are by private enterprise or by associations, and the 

parties make their arrangements without reference to the Government 

as to the use of the water. 

I know that $40.000 is an insignificant sum as we go on nowadays. 

It is not that of which I complain; but you had a great fight here, 

my-friend from Texas (Mr. REAGAN} and I have had it for the last 

year or two, to stop and check the extravagant appropriations that we 

have made heretofore for the purpose of reserving that entire conntry 

and determining as to the water supply both in this snbarid region 

and fo1~ the purpose of selecting reservoirs ~d canal sites. That con· 

test has gone: on and on until this body finalJy on the sundry civil bill 

deteTmined that that should be checked. That was a scheme which 

would amount to hundreds of millions of dollars in all probability before you got through. 

My friend) the Senator from Montana [l\Ir. SL~ERS], shakes his 

head as tothe confirmatory statement. Nobody could tell how much. 

There is not a Senator from that region, when that matter was under 

consideration, who did not insist that this was a matter which had 

better be left to private enterprise. I believe it to be a benefit (I may 

say that I almost know it) were it not for the fact that these distinguished gentlemen (and I have not one word to say against them; 

they impre3Sed me a.s men of sense and ability), who had been employed temporarily; as it was believed when Congress made this app1'0priation of $20,600 in the agricultural bill, have induced the Secretary of Agriculture to ask this increase, as you can induce nearly all 

the Secretaries, and particularly the Secretary of Agriculture, who has 

a new Department, who are always Featly to enlarge their scope and 

increase the number of people and to keep those who are employed to 

continue this work. 

It is that pressure which causes this appropriation of$40,000. It is 

only the beginning, in my jud~ent. The Senator from Kansas, I 

think, will agree with me upon reflection that later on they will come 

back, and next year they will double their demand, as they are doing now. Twenty thousand dollars, the Secretary of Agriculture said originally, was all that was necessary to complete it. Now it is $40,000 to complete it. Next session it will be$ 0,000, and it will grow and grow, 

and under the Agricultural Department, with an the agriculturists 

organized and organizinμ; themselves, they will be appealed tO"to know 

why it is that Congress can not make as liberal an appropriation for 

them as it made for Major Powell, and there will be no resisting it. 

Now, Mr. President, in my judgment, is the time to check it. There 

is no necessity for it, and there is no outcome except the payment of a few men. · 

Mr. PLUMB. The Se-nator from ~!aryland speaks about this thing 

of continuing appropriatior.s as though that was somethingentirelynew. 

There is not a public building we provide for that is not confronted by 

that same ccmtingency. There is not a single domain in which we appropriate money where we are not confronted with the necessity ofappropriating more than we originally contemplated. It is not wise, I 

agree. but it seems to me to be sticking in the b:uk to bring up that 

kind of an argument against this work, when, if the Senator will read 

the provision, he will find that it is for the completion of this investi· 

ga.tion, and not for the indefinite extension of it. 

Of course the Senator may think he is entirely candid and entirely 

fair to t)lose of the committee who have been committed to this thing 

in failing to take acconut of that which is stated on behalf of the com· 

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mittee and those interested in it to the effect that it is designed to 

close up this matter; and be may feel justified in declaring that we are 

wholly insincere in this, and that it is only the opening wedge to letting 

out any surplus in the Treasury or millions of it. But I assure him 

that he reflects unjustly upon the committee, and there is no design 

to enter upon an indefinite expenditure. 

On the contrary, this is proposed with a view of cutting off the indefinite expenditure which the Government bas heretofore committed it. 

self to through the Geological Survey, which everybody agreed was 

improvidently undertaken, and which the Senate is now contending 

with the other House in an effort to limit, because we believe that itis 

too wide; that it covers too much ground; that is is going to cost too 

much money. Because we propose, instead of that, that there shall be a brief and limited and in~pensive investigation to determine a ques- · 

tion of so much moment to so many thousands of the people of the 

United States who have gone upon the public lands and who only ask 

that they be treated as other people in Indiana, and in North Carolina, 

and in Maryland, and elsewhere have been treated, why should the 

Senator at this time set up an objection of this sort to an expenditure 

of this trifling sum? I say trilling, but no sum is trifilng ifit is to be 

misspent; I mean trifling compared with other sums that we have spent 

in the same domain, which have gone without question here and the 

beneficiaries of which are now opposing this expenditure. 

Mr. MOODY. Mr. President, I want to say a word or two upon this 

subject, but I shall detain the Senate but a very few minutes. 

The appropriation spoken of by the distinguished Senator from Maryland made laat spring has accomplished very much good. From in· 

formation coming to me from my constituents and others in that vicinity 

I state it as a fact that it has been money well spent. There never 

has been an appropriation made in this Congress that has been spent 

to better advantage than the little sum of money which was expended 

under that appropriation. 

Congress gave into the hands of the Agricultural Department, where 

it properly belonged for this investigation, the sum. of $20,000, but 

limited the time in which that expenditure should be made to so short 

a period that they were unable economically to expend the whole sum. 

They expended, as has been stated, less than $15,000, less than three· 

fourths of the sum that was thus appropriated. They commenced this 

valuable investigation but could not complete it, and now the Secre· 

tary of Agriculture and every representative from that region of conn· 

try, which is so peculiarly interested in this subject! nsks this little 

appropriation, that they may continue to completion the investigation 

which was then inaugurated. 

Mr. President, do not understand me for one moment as believing 

that the Congress of the United States does the people of that great region of country justice in confining the expenditures meTely to the 

investigationa which have preceded and which are contemplated. I be· 

lieve it to be just as legitimate to not only experiment in the manner 

proposed, but to experiment in the actual sinking of wells in that region, as it is to expend money for a thousand and one items of this very 

bill and other bills that have passed the Senate. 

This great Government invited those people to go to that region of 

country and purchase the Government lands, and while this appropriation, as the last, cctvers a region of country including six. of the greatest 

States in this Union. in the States of North and South Dakota, while 

they were still the Territory of Dakota, under that invitation the peo· 

ple paid into the Treasury of the Unit.ed States over $20,000,000 for 

these public lands upon which yon had invited theru to go. It was ari 

experiment on their part having a national result. Now, some years 

of misfortune have overtakm them. They find that there must be 

supplemented to the rains of heaven some further moisture. They find 

that their fields will not continuously yield the crops for which they 

pray without more moisture being put upon the surface. They have a 

little information upon the subject that beneath their feet lies a great 

basin and that the water can be brought by pressure to the surface and 

spread over the lands to fertilize them. 

There are still in my State ceded lands to the extent of about 17,-

000,000 acres that belong to the United States. Do you want them 

settled, do you want them purchased, or do you want them to lie idle 

all these years to come? What is true statesmanship? Is it not to 

settle our unsettled domain ? Is it not to make that domain fertile ? 

Is it not to put it in such condition that it will yield a revenue to the 

Government, a revenue which comes from the prosperity of the com· 

munity? Why, to state the proposition carries its own truth with it. 

Now, we are not here as beggars. We come here demanding merely 

that the Government of the United States shall do its duty towards 

the people who are scattered over that great domain. I am sorry to 

see Senators who pose here as peculiarly the furmers' friend opposing 

this proposition in this bill, which is the only item contained in it and 

the only item contained in either of the appropriation bills that is pe· 

culiarly for the benefit of the farming element. Why, n.way with such 

hypocrisy. Will Senators willingly vote, as they ha.ve done, to appro· 

priate $40,000 to trace the ancient history of a tribe of Indians who 

have been dead for three hundred years aml refuse to the people of 

these Western States this little sum to enable them to ascertain whether 

they can longer exist in that country, whether they can follow the em· 

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1890. CONGRESSIONAL RECORD-SENATE .. · . ' 8743 

ployment of agriculture, or whether they must seek some other climate 

and follow some other employment? 

I say, out upon such hypocrisy! Ih.a.ve received and am in daily re- ceipt of very many letters upon this subject, urging, with all the 

earnestness of men who are in this peril, that the Government shall 

be urged to appropriate a sum sufficient to aid and assist them in this 

enterprise that will be so valuable if it is a success. But this appropriation only contemplates, not the actual experiment 

which the Government ought to make, but that sufficient tnvestigation which will enable our people to obtain the necessary capital themselves to develop this water supply. When the Government shall put 

its stamp upon the theory that a successful issue can be had, then 

capital will he willingly employed in these actual ent.erpdses; but 

until assurance can be given by some investi_gation as contemplirted it 

is impossible to secure that capital to make what would be merely experimental and take the risk. 

Now, in my own State, encouraged by the little appropriation that was made last spring, many of her people, but very few comparatively, 

have used the wells already sunk for the purposes of irrigation to a limited degree. Wherever they have done so the report is that the exper~meut has been successful; but a feeling of discontent and discourage- ruen t exists because of another blight that has come upon a small portion 

of that country again this year and has destroyed for this season their 

hopes. 

If the representatives upon the other side of the Chamber d~re that 

that great Northwestern coniltry shall be depopulated, the course urged 

by the Senator from Maryland is precisely in the line of effecting that 

depopulation. I apprehend that there is not a patriot who would ask 

or so conduct himself in his official capacity as to take one single inhabitant from any portion of this country. No; what we need is diversified industries and all the people whom we can support throughout 

this broad domain. 

l\Ir. President, I did not intend to go into a,ny general discussion, but 

simply to state, what I have measurably stat.ed, that it is not an amount 

that this Senate should hesitate a moment to appropriate in view of the 

fact of the income which this Government has derived from that verv 

people. Where have we received any benefit from the $20,000,000 that we have paid for those Government landB? You have been niggardly 

tons to a degree unknown in the history of the Territories heretofore. 

We builtourown buildings, even to thecapitolin which the Government 

officers transacted thefr duty, without cost to this great Government. 

We taxed ourselves for all our public institutions. We even paid, in 

many instances, the carpet-baggers whom you senttoruleoverus. So 

parsimonious was this Government that for a time while the country 

was poor it was a disgrace to the Govemmen t to see the appliances which 

it furnished to the public officers sent there. 

No; you have not treated us with any degree of liberality. On the 

contrary, we have been exceedingly modest in what we have asked. 

We ought to have had a quarter of a million dollars appropriated instead 

of$ l0,000 for this purpose, to be spread over the States as it is to beMontana, North and South'Dakota, Wyoming, Nebraska, Kansas. and 

possibly a portion of Texas. That would have been none too large a sum, but the committee saw fit in its wisdom to limit it to $40, 000 and 

t.o provide that this should be in full for all demands upon the subject. 

We are bound to be content. We have no fault to find with that committee. We shall find no fault with those who vote it here, but I call 

attention to it simply to show that there is nothing in the argument 

made by the Senator from Maryland that there is anything in contemplation of enlarging this expenditure or of the establishment of new 

bureaus. 

This bas been under the supervision of the distinguished .A.ssist..'l.nt 

Secretary of Agriculture, whose practical knowledge and practical work are al ways displayed in whatever place he may be found, and it has been 

under the direct supervision of General Nettleton, an engineer of long 

experience who has had experience in this very question for over twenty 

years. With this $40, 000 grand effects can be obtained; and, ]}fr. President! I hope that no Senator will hesitate to keep it in the bill as the 

committee has reported it. 

Mr. REAGAN. Mr. President, in 1888 Congress made an appropriation for the purpose of securing a topographic survey and investigation as to the means of securing irrigation for that great region of country 

known as the arid region. That appropriation was $100, 000. In 1889 

Congress appropriated $250,000 more for the same purpose. The act 

under which the first appropriation W38 made requfred for the time 

being a reservation of the lands liable to irrigation and reservation of 

the waters and the ground for ditches and dams, so that the land could 

not be located upon until further legislation by Congress or until it 

was opened for settlement by the President. .At the present session of 

Congress, in order to urge forward that work, to secure the development of that country, and lay the foundation by which the people could 

irrigate and cultivate it, the House of Representatives proposed an increac::ed appropriation of 8even hundred and odd thousand dollars. It 

so came to the Senate. 

The Senaton who are anxious for this appropriation of $40,000 to secure water from under groundfor frrigation were very earnest in their 

appeal to the Senate to leave that country for development by private 

enterprise. That appeal was successful, and the Senate struck out 

that item in the sundry civil bill and proposed to repeal the la.w of 

1888 and to open up all that land and its waters to private entry and to 

speculation. It will take, if that policy should become the law, a few 

years to demoustrateits effect, and when demonstrated I have no doubt 

there will be a great many apologies for the repeal of that act and for 

taking that land away from actual settlers. 

But, Mr. President, the very Senators who insisted on the development of that country by private enterprise and who opposed the carrying forward of a system of topographic surveys and the delineation of 

frrigable basins and an indication of the irrigable lands so that settlers 

could go there and know what land they could go upon and where they 

could getwat.er to irrigate it-theverySenatorswhorefused to appropriate the waters of the rivers and the lakes and the storm-waters that might 

be collected in reservoirs, propose now to go down into the earth 2, 000 

feet or more to brin~ up water to irrigate the same country. It does seem to me, when we refuse to use the natural watersoftheriversand the 

creeks and the lakes and the storm-waters that mav be collected in reser- voirs, it is a strange thing that we should turn around and undertake 

to bore down into the earth and get water to irrigate the land. 

But it is suggested by the Senator from Kansas that there is nothing said in this amendment about the boring of wells. That is true, 

Mr. President, but there is something said about investigating and det.ermining the extent and availability for irrigation of underflow aud 

artesian waters. I suppose that means that we are to go under ground 

to get it. Whether it is by boring or· digging, we shall have to go under 

ground to get that water that is to be brought out to the surface. 

I desire to call attention to a feature of this which I think contains 

the milk in the cocoa.nut. The closing part of this paragraph provides as follows: 

And to collect and publish information as to the best methods of cultivatiog the soil by irrigation. 

Bot the purpose is to lay the foundation for a transfer of everything 

relating to irrigation from the present bureau of the Geological S~rvey 

to the Agricultural Department. I think there can be no doubt of it, 

and I think that those who know all about this understand that that is one of it~ principal pmposes. It is to create a new bureau in a new Department under new officers. I do not think the Senator from Maryland was mistaken when he said there was a great deal in this about 

making places for men and places for those who have been engaged in 

the work of bitterly denouncing the Director of the Geological Survey 

and endeavoring to break him down. It is as well to speak of things as they are, so that we shall notdeceive ourselves or deceive any other 

persons. 

In relation to the transfer of this work of making investigations of 

the underground waters, the underflow of waters, to be ascertained by 

going down into the earth, when the water is on the surface it has much 

to do with agriculture; but if we wish to ascertain how it is to be obtained 

from the bowels of the earth it becomes a geological question, and if 

anything is to be done in the way of scientific investigation that work 

requires an investigation of the strata of the earth and ot the character 

of the soil and rock in which underground waters may be found. That 

is not a question of agriculture, but a question of geology, and if I 

were going to turn out to hunt for waters under the earth I should do 

just as was done under the appropriation of $20,000 made last spring; 

I would employ, as suggested here in this report on page 4, such per- sons. 

From the general field geologist, Robert Hay, of Kansas, a. brief abstract has 

been ma.de of the report he is now completing. 

I simply refer to it t.o show that this agricultural scheme has to em- ploy its geologists. Why transfer the matter from the Geological Survey if that is to be done? On page 6 it is stated: 

The report of Professor Van Diest, field geologist for Colorado, shows that 

the water of the Denver basin, etc. 

Showing a second geologist employed; and again on the same page: 

An important statement is made by the field geologist in charge of the Dakotas, Professor G. E. Culver, ot the State University, etc. 

So when this agricultural project was put on foot it was found nec- essary to employ geologists to know where to get this water; and if it 

is necessary t.o employ geologists to know where to get the water, why 

transfer this business away from the bureau of the Geological Survey 

to a bureau in the Agricultural Department? If it is desired to use 

the water after it is brought to the surface in application to agriculture, that is another thing. It might be well enough in that case, but 

if it is desired to ascertain where it is except by actual guessing and 

actual boring, then it is necessary t.o have scientific geologists who un- derstand the formation and the structure of the earth and the strata 

and the character of the stone in which these volumes of water are to 

befoanu. 

Hence it is that I do not see what advantage there can be in transferring this part of the work from a bureau already in existence, reqn iring no additional expense to carry it on, and the creation of a new bureau in another Department to take charge of the subject. 

:M:r. Presicilent, I have a practical suggestion to make on this subject. Forty thousand dollars might bore haU a dozen wells; it would 

probably do that practically. They are to be bored for the purpose of 

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8744 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

ascertaining where water is. I take it that the purpose is to hunt for 

water. Notwithstantling the Senator from Kansas says there is nothing said here about boring wells, I take it the purpose is to hunt for 

water under ground, for if that is not the purpose there is no use for 

the appropriation, there is no use for the provision in the bill. Then, 

if that is the purpose, these wells are to be bored in view of some geological knowledge of the formation of the earth or the places at which 

they are to be bored are to be guessed at. If it is to be guessed at the 

result will be as former appropriations made by Congress to secure the 

boring of wells: it will be a waste of that much money with no profit. 

Among the information given by this report is the number of wells. 

The report says: 

Briefly summing up, it may be stated that over 1,300 deep-bore artesian wells, of which about 1,000 are still giving an undiminished supply, are reported upon. They are located as follows : North Dakota, 6. 

There are that many reported upon. I suppose there are a great 

many more than that in North Dakota. 

South Dal...'oQta, 135. Western Kansas, Nebraska, etc., 200. Colorado and New Mexico, 355. Texas, west of the ninety-seventh degree of west longitude, 630. 

The investigation did not extend west of the Rocky Uountains. In 

Utah there are a vast number of such wells; in California there are a great number of such wells; but these wells .are the result of private 

enterprise and investi~tion. They have been bored without- the aid 

of the Government to benefit private capital and private property, and 

they have done no doubt a great deal of good in furnishing supplies of 

water to an extent for the watering of gardens and orchards and truck 

patches, and perhaps larger pieces of ground, 

Now, suppose we make anappropriationof$40,000, thatmayenable 

the boring of half a dozen wells, more or less. Where are they to be 

bored? A very large number of the people iu ali that arid region will 

insist ou having those wells bored where they will benefit their property. There is no direction here. Every effort will be made that can be made to influence the men who are charged with the expenditure 

of this money to expend it where it will benefi~ the private property 

of somebody. Whether we shall be able to get officers who will resist 

such importunities and pressure is a question which it is not neces- sary to go into now, but undoubt~dly great pressure will be brought 

to bear, if this appropriation is made, upon the men who spend this 

money as to where it shall be spent and who &hall be benefited by it. 

If we are going to bore wells to secure water for irrigation, that is 

another thing; and this sum of money would not amount to a drop in 

the bucket. If we are going to bore wells to find out where water 

may be had by other people by boring, that has been done by private 

enterprise very extensively through all the arid regions. 'Ve are given 

to understand here by this report that in the limited number of States 

mentioned 1,330 deep-bore wells have been bored and a thousand of 

them are in full operation. So you will see that, so far as boring these 

wells to benefit irrigation is concerned, it has nothing in it to compensate the Government for such an expenditure, and as for building up a 

new bureau which is to make indefinite expenditures hereafter, if it is 

to obtain information, that information ought to be based upon scientific investigation. I believe it is understood by geologists, for instance, that if yon come to a granite formation there is no use to bore, 

because you do not get water there. There are other formations in 

which water may be obtained that are understood by geologist.s. They are not underst-00<1 by agriculturists nor by farmers. 

So, viewed in every sense, Mr. President, it seems tQ me this appropriation is not only unnecessary, but is likely to lead to much more 

harm than good. 

.M:r. HALE. Mr. President, let us ha;.-e a vote. 

The PRESIDENT pro tempore. The question is on concurring in 

the amendment made as in Committee oft.be Whole. 

Mr. REAGAN. On that I call for the yeas and nays. 

The yeas and nays were ordered. 

Mr. COCKRELL. Let the amendment bP. read again. 

The PRESIDENT pro tempore. It will be again read. 

The SECRETARY. On page 59, after line 17, the Senate, as in Committee of the Whole, inserted the following paragraph: 

Irrigation investigations: To enable the Secretary of Agl"iculture to continue to completion hi1' investigations for the purpose of determining the extent and ava.ilability for irrigation of the underflow aud artesian waters within the region between the ninety-seventh degree of longitude and the eastern foot-hiils of the Rocky Mountains, and to collect and publish information as to the best mett,. 

ods of cultivating the soil by irrigation, U0,000. 

Mr. COCKRELL. Mr. President, if I believed the statements of 

the Senator from Maryland [Mr. GoRXAN] and the Senato;.· from Texas 

[Mr. REAGAN] in regard to the future of this appropriation and where 

it would lead, I should unquestionably oppose it-. But I do not so understand the question. I do not understand that this is entering 

upon a new project. do not believe that it is creating a new bureau or a new division in the Department of Agriculture. My understanding is that this is an appropriation of $40, 000 to complete a work which 

haa already been begun. We have considerable information already 

furnished to us in regard to the subject-matter. Tha information is 

of value. There is additional information which the Department of 

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Agriculture has not yet obtained, and which it can obtain and make one final and complete report in regard to this matter. 

I do not beljeve in the Government undertaking to build reserrnirs or irrigating canals. In all such matters my principle is "hands off; n 

the Government ought not to undertake it. But I see no objection to 

obtaining this information from all over this vast area. extending from 

Canada down to Mexico, and a region that is very sparsely inhabited 

now, getting the information from all localities and patting it together 

and publiRhing it for the information and guidance of the people living 

there and those who may go there. 

There are many questions which will be solved by this investigation as to where artesian waters can be obtained in quantity. This 

investigation extends into Texas even, notwithstanding that there are no public lands there. My friend from Texas [Mr. COKE] informB me that in Waco there are quite a number of artesian wells about 1,900 

feet deep; and that in Galveston, right on the Gulf coast, and only a few feet above the level of the Gulf, and at Houston, artesian wells 

have been bored and an aba.ndant supply of water obtained, flowing 

up far above the levH of the Gulf, and consequently not caused by the 

pressure of the water in the Gulf. 

Mr. President, these are important facts to be laid before the people 

all-through that area. My understanding is (and we obtained the information of what was intended to be accomplished from the Assistant 

Secretary of the Department of Agriculture) that this appropriation 

will cemplete the work, and it will be finished and a final report will 

be made, and at the next session of Congress there will be no additional appropriation; and believing thus, I shall vote for this amendment. 

Ur. CASEY. Mr. President, the statement of the practical question involved at this time bas been very clearly set forth by the Senator from Missouri [l\ir. CoCK&ELL] in his remarks. If Senators will 

look at the practical side of the question involved it seems to me that no objection can be urged to the small appropriation that is proposed 

in the pending amendment to this bill. 

The area involved in the investigation proposed is something like 

320,000,000 acres. It includes that great plain which can be traced 

tbrougb the length of the continent so far as is known, and certainly 

extending from the Rio Grande River to the boundaries of the British 

Possessions, a stretch of country which probably may be opened to ag· 

ricultnre in an unbroken manner and without obstacle, the equal of 

which is not to be found elsewhere on the continent. It bas been prepared as a garden ready for the plow. It is without mountains or timber, and to the eye of the agriculturist it is the most attractive 

that can be found anywhere within the limits of our nation. 

This land had been under examination by the Land Department of 

the United States years ago with reference to its quality and bad been 

pronounced agricultural land. The Department by a rule bad said 

there were no desert lands within those limits. The ~reat tide of emigration flowed in the direction of the Dakotas, of Western Kansas, 

and Nebraska, about the year 1880-from that to 1883. It was one of 

those recurring waves of emigration which this country bas experienced from the beginning. This land stretching north and south 

through our country was the next step in the pathway of emigration. 

It chanced that in those years an abundant rainfall characterized the 

country. Nothing could be found more inviting to the settler. 

The Government freely offered the lands without warning of any 

detriment or any objection, although it is now known that the records 

of the Government contained a hi.story of that region which should 

have served as a warning to the set.tiers. But in full confidence that 

the Government of the United States was offering to it.s citizens lands 

equal in value in every particular to those that had previously been 

given to them, lands whose natural conditions were as good as those 

in the State of Illinois, for instance, the people in great numbers went 

out and took possession of that region of country. 

It bas been already stated that the Territory of North Dakota alone 

has paid $20,000,000 into the Treasury of the United States for those 

lands. That I know from actual figures obtained from the books of 

the Land Department. Taking that as a basis, it is entirely probable 

that in the region to which reference is had in this amendment $60,-

000,000 has been paid into the United States Treasury for public lands. 

The settler has proceeded to make furtherexpenditnres for the establish~ 

mentofhis home; and the $60,000,000, or $50,000,000, to put it within 

limit, paid into the Treasury of the United State.a is a very small part 

of the expenditure that has been made upon these lands and upon 

which settlers have established homes. 

Now, the question with the settler is, shall he abandon these lands 

on account of the conditions that are found to prevail or shall he re- main? I am not saying that he ought to abandon them. I think myself that the period of the drought which has characterized that region 

may be expected to be near its close. That may be safely reckoned 

upon from the history of the past. But his courage is gone; he needs some one to stand behind him and say, ''Hold on; we have encouraged 

you to do this, now hold on.'' 

The phenomenon of the artesian basin which bas been discovered in 

the region of North and South Dakota, and which there is every reason to suppose extends farther, is the most remarkable of it.a kind probably 

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1890. CONGRESSIO.NAL REOORD-SENA:TE. 8745 

the world has ever seen. It is very true, as the Senat.or from Texas 

has said, that a good many of wells have been sunk penetrating that 

basin, but I should like to have him, as a man interested practically in 

the interests of the country, as I believe he is, and other Senators, to 

realize just what that statement means. The :first of those wells was <!iscovered in the bottom of the James 

River Valley; and the experiments from that have extended up and 

down the valley. The wells have nearly all been sunk by municipal 

corporations, by the villages, or by factories, by men or corp:>rations 

having sufficient money with which to carry on the work and sink the 

wells. Scarcely ever has a farmer been found with sufficient courage or capital enough to sink one of those wells, because the inference ha.s 

been that that basin is confined to that valley, while the farming lands 

of the country lie almost entirely outside of it. The valley is narrow in some places, wider in others, but the great agricultural districts of 

North and South Dakota lie away from the valley in which these wells 

have been sunk. 

Now, the question that comes to the farmer is," Have I the courage, 

if I have the money, t.o sink a well or can I induce capital t.o come and 

sink a well for me? " The committee of investigation that visited the 

mountain region a year ago this smnme-t, and to some extent the Dakotas, was accompanied by scientific men, who sought all the information 

they could obtain from the citizens of the country. Every one of them 

said this basin lie.~ in a certain rock, and the question is the extent of 

that rock. I think every one of the scientific men accompanying the 

committee said he believed the basin t.o extend tothe Rocky MounU:\ins. 

The question was asked, '• Can you determine as t.o that? '' And every one of them said, ''By certain indications known to science we can determine.'' The question is now whether such an examination shall be 

given to that country as shall inform the citizens of that valley what 

is the extent of that basin and laterally to the line of wells which has 

been bored. 

Mr. QUAY. What is the depth of the wells? 

Mr. CASEY. The depth of the wells aries from four or five hundred feet to :fifteen hundred feet, as in South Dakota the depth of the 

wells is much less than in North Dakota. The well that was visited 

and examined with very much interest by the committee a year aJ?;o 

thfa summer, and by the Senator from Texas with the rest, was 1,500 

feet deep, and it cost the village of Jamestown $7, 000 to sink it. There 

is no farmer in the neighborhood, there is no combination of farmers 

in the neighborhood that can afford to risk that much money. There are plenty of men who say, "If you procure the requisite demonstration as to the extent of this basin we will see that yon have all the money 

you want if you will agree to pay a water rental.'' The people of the 

country will very gladly contract with capitalists to put down the 

wells, and capitalists are willing to do it. But, as Senators will see, 

the use of the water has been heretofore for the villa~es or for the factories or mills, and not frequently for the nse of the farmer, simply 

because the farmer has not had the money with which to make the 

venture that these other parties have had. 

The people of our country, in view of the fact that I stated at the 

beginning, that they paid cash for the land, which proved to be not equal 

to the value of other public lands, feel that they have a just and an equitable claim upon the Government. It seems to me no one can question 

it.. They make no such claim, but only ask the sympathetic action of 

the Government now. It must be remembered that the States of North 

and South Dakota remained the Territory of Dakota for many years 

after they should have been admitted as States; and I should like to 

point out to Senators the fact that had we been States earlier, from the 

sale of these public lands, by far the largest part of which were sold 

after we should have been admitted into the Union, we would have re- ceived 5 per cent. If we had that 5 per cent. at our disposal in North 

and South Dakota to-day, to which we are justly entitled, we would 

undertake to take care of all our artesian wells. 

I trust, sir, that Senators will accord to us that sympathy to which we are justly entitled and will give us this aid which will determine 

the extent of this basin. 

Mr. REA.GAN. Mr. President, I desire to say a word in response t.o 

what was said by the Senator from Missouri [Mr. COCKRELL]. His 

suggestion was that this appropriation was to complete the work already begun. I did not wish to interrupt the Senator while he was speaking and inquire what it was that would be done in completing 

this work, for the Senator did not choose to inform us what it was that was to be done in the completion of this work. 

The report from the Department shows that during the eleven weeks 

during which time the appropriation oflast April waa being expended 

the supervising engineer traveled 12,000 miles, the chief geologist traveled 13,000 miles, the several division employes from 2,000 t.o 7,000 

miles, making an actual travel of at least 70, 000 miles. I do not know 

how many more thousand miles it is intended to travel to complete this 

work, but if $20,000 enabled them to travel 70,000 miles, probably 

$40,000 will enable them to travel 140,000 miles more. Is that the 

work that is to be completed? Is that the information we are to have as a return for the expenditure proposed? 

But they did more. They collect.ed information as to the number 

of wells in North and South Dakota, Western Kansas and Nebraska, 

Colorado, New Mexico, and Texas west of the ninety-seventh degree 

of longitude, amounti.Qg to 1,330 wells. No addition was made to 

these wells, nor could addition be made t.o the water that flowed out 

of them; and no information is given as to the character of that part 

of the earth's crust in which this water was found. 

Now, is the collection of information as t.o the number of wells the 

completion of this work? Is that it? If the Senator or the agents of 

this new bureau would go to the Geological Survey they would get all 

this information and a great deal more, I apprehend, in the same line 

without travelinJit 70,000 miles. They could go up here to F street, 

into the office of the Geological Survey, and very promptly get a great 

deal more information in this line than was obtained by the expendi· 

ture of the portion of that $20, 000 which was expended in traveling 

70,000 miles. Is that the work to which the Senator refers as that 

which must be completed? If there is a valuable work to be com- pleted, somebody can tell us what it is. The Senator did not do it, 

I doubt if he will attempt to do it. 

Then the Senator says that he does not want any reservoifs and 

ditches, but he wants to go 2,000 foet into the bowels of the earth and 

bring up water from there instead of taking it out of lakes, creeks, and 

rivers. Is that the Senator's logic? Is that the reason why he is 

going t.o support this amendment? 

I could not hear the remarks of the Senator from North Dakota [Mr. 

CASEY]. I understand that he presented this view, that experiments 

might demonstrate whether the water supply that is found along the 

valley of the James River in the Dakotas comes from the Rocky Mountains, by boring west of there; and it is possible some useful information could be got by sinking additional wells there. 

But, as I said awhile ago, whenever we undertake to investigate it 

has to be done in one -of two ways. It has to be done by guessing 

where to bore and spending the Government's money on a guess, or it 

has to be done upon scientific information as to the character of the 

earth's crust in which this water is found and the strata of earth or stone in which it is to be found. That can be done best by those who 

have made a study of the science of geology, and even in the expendi· 

ture of this $20,000 it was found necessary t.o employ at least three 

geologists to help travel the 70,000 miles and :find 1,330 wells bored. 

Mr. President, the Senator from North Dakota who has just addressed the Senate savs the farmers are not able t.o bore these wells. 

That is doubtless very true as to manyof them, and no one regrets its 

truth more than I do that we have people unable t.o bore these wells. 

What next? Is the Government t.o do it? For whom is it to bore·? 

foreverybodywhoneeds them? or is it to select a given nnmbe:i;ofpeople 

for whom it will bore wells? That question comes up. It is one that 

should be considered in the disposition of this question. 

The Senator from Missouri has-I must refer to that again-assumed 

that $40,000 would complete this work-I suppose this work of travel· 

ing and :finding where the wells are already bored and that no more is necessary or will be necessary. Why, Mr. President, the :first proposition on this subject was to appropriate $250,000 at this session. The 

Senator from South Dakota [Mr. MOODY] told you just a little while 

ago that the appropriation ought to be $250, 000 because he means some- thing; he does not mean to cheat anybody by saying that $40,000will 

answer this purpose. He says $250, 000 is necessary. I warrant you 

the Senator from North Dakota will tell you the same thing. I did 

not hear his remarks so as to know what he said; but they mean work by this, they mean the boring of wells and the ascertainment of 

water. 

Mr. President, it may be an idle waste of breath to protest against 

this policy of breaking up one bureau for the purpose of building up 

another, of abandoning the idea of irrigation by the water of the natural streams and the lakes and the collection of the storm waters in 

reservoirs, and going down t.o the bowels of the earth to get water and 

bring it up; but this grave Senate should pass upon that question, and 

I suppose it will consider that it is cheaper to go down two or three 

thousand feet into the earth to get water than to take the water of the 

rivers and lakes. 

Mr. SANDERS. Mr. President, the proposition to expend $40, 000 in 

the interests indicated in this amendment is, it seems to me, so wise that 

I regret that the Senator from Maryland [Mr. GORMAN] who made the 

objection to it is not here that I might appeal to him upon reconsidera. 

tion to withdraw his objection. As a member of the Committee on 

Appropriations, he with the others listened to much testimony upon 

this subject, and if I were t.o judge by the readiness with which he 

grasped the situation and the intelligence which he brought to bear 

upon the determination of the various questions submitted, I should 

be satisfied that if he would stop and reflect a moment he would see that it is best that this appropriation should be made. 

This amendment came from the committee appointed by the Senate 

upon the irrigation of arid lands. It was the opinion of that commit.. 

tee that in continuation of what had been heretofore done by the Agricultural Department, a. very considerable snm of money might wisely 

be appropriated to be used by that Department. The report which was preliminarily made by that Department as to the expenditure of 

about three-fourths of the amount appropriated last spring developed 

the collection of so much information touching the use of artesian 

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8746 CONGRESSIONAL RECORD-· SENATE. AUGUST 18, 

wells that I believe every person who examined the report was satisfied that the money had been very wisely expended. 

Now, so far as I a.m concerned, I am not going to enter into the 

proposition which still remains in the breast of the Senator frolll Texas, 

as to whether it was wiser to leave this appropriation to be expended 

by the Geological Survey or to remit it to the Department of Agriculture. I did not wholly sympathize with all the discussion touching 

the usefulness of the Geological Survey. The simple fact aboutitwas 

that the law which was passed on the 2d day of October, 1888, overloaded the Geological Survey. 

If it bad been true that Congre.<:tS merely repealed so much of that 

law as withdrew tb..e lands in the arid regions from occupancy and sale, 

I am not prepared to say that we should have gone farther, although 

it doe.snot take a very scientific vision to make it perfectly plain that 

the scheme which is in the contemplation of the Direct.or of that survey 

looks to the lapse of very many years and the expenditure of very 

many million dollars. If the work shall be thoroughly done, it is my 

own judgment that it will be one of very great value. 

But when it was proposed as the corner-stone of that expenditure 

that we should take from the migration of the country the right to enter 

upon the public domain and select for themselves homes, the proposition necessarily must break down; and as no friend of that Geological 

Survey intimated that the scheme it had in contemplation l'lhonld be cons am mated except by continuing this withdrawal of the public lands, it 

seemed proper and wise to the Senate that we should transfer this examination to the Agricultural Department, which is in sympathy and 

touch with those people who are going out upon the public domain to 

get for themselves homes. . I wish to appeal to the Senator from Missouri, who notifies us here 

that he understands that this $40,000 is t-0 be the last dollar to be appropriated for this purpose, and to ask him towaituntil nextyea.r and 

see whether it is true that this $40, 000 will give to us information of so 

much greater value than any other $40, 000 we have expended has given 

to llil in recent years, and if the job remains still unfinished to make 

a wise investment of a still larger sum. 

The Committee on Irrigation introduced a proposition into the Senate providing for an appropriation of $100,000, and while it may be 

true, as is suggested by the honorable Senator from North Dakota, that 

the area in which this is to be expended is limited, consisting only of 

a little patch of about three million and a halt of acres, it concerns the 

geographical area of one-third of the United States. There is no subject touching the reclamation of the public domain about which the 

popular ignorance is so profound and which experiment has done so 

little to enlighten us on as this question of our artesian water supply. 

We do not hesitate to appropriate large sums of money to look after 

the preservation of the water supply that is upon the surface of the 

earth. 

There is a strong sentiment here in favor of withdrawing large areas 

of the public domain, in order that it may not be occupied by our citizens, for the sake of preserving the snows of winter, that we may have 

the advantage of them during the earlier summer months in the irrigation of public lands. In fact, the Senate, by many enactments and 

by much argument, has ,made manifest the solicitude that it feels and 

that the people of the United States feel for the increase and retention 

of the water supply of the arid regions of the United States, notmerely 

that it may be utilized on its way to the sea, but also that it may be 

held back at those periods when the streams flowing down the Mississippi River and the other rivers make such floods as endanger life and 

property, to the end that such injuries as have heretofore been experienced may be materially reduced. 

All this is wise economy . 

But upon the proposition of the irrigation of lands that without irrijl;ation can not be used agriculturally, the United States has a very 

profound property interest. Nobody can tell what the future may reveal, but it is certain that by any of the processes which are now 

known oo man whereby crops may be raised in that region, the water 

supply that is upon the surface of the earth is insufficient to enable us to utilize all the land that we own. 

No question of constitutional law stands in the way of this appropriation. It is upon the lands belonging to all the people of the United 

States that these experiments are to be made. 

I did suppose, when this matter was talked over by the Committee 

on Irrigation, that some attempt would be made to make an appropriation whereby in regions heretofore untested by actual experiment 

we were to demonstrate whether there was or was not a subterranean 

water supply that might be utilized, but this amendment contemplates nothing of that kind. The Committee on Irrigation and Reclamation of Arid Lands cat their appropriation in two in the middle, 

for it was the judgment of every member of it that $200,000 might 

wisely be expended in the pursuit of this information, and they introduced it into the Senate; it went to the Committee on Appropriations, 

and it comes back here shorn of its dimensions and is the pitiful sum of t0,000. 

I do not know whether that will enable the Department of Agriculttlre to gather all the useful information that is now extant and now in 

the possession of men a.Jl.d municipalities, and, gathering it together, extract from it the le.ssons which it teaches and distribute it to the people 

of the United States, but I feel that no $20,000 that has ever been appropriated by Congress (of which only S15, 000 indeed has yet been expended) will come back to us with more valuable information than will 

the $15, 000 that has heretofore been expended by the Department of 

Agriculture in the gathering together ~f information touching artesian 

wells in the West. That volume promises, in my view, to have a profound interest to a million of our citizens. It will give information of 

practical use to those who occupy one-third of the goographiCal area of . 

the United States. If out of it there shall come anything that shall 

strengthen the belief that the subterranean waters in our public domain and in our larger valleys can be used for the purpose of irrigating 

lands, it wil). increase the value and multiply the rapidity of sales of 

the public lands, and add to the agricultural products of our country 

immensely. 

I consider, therefore, that this appropriation is wise. I believe the 

honorable Senator from Maryland, upon reflection, when he considers 

the vastness of the area involved, the vital interests that ta"ke hold of 

this matter, the citizens to whom it will be useful, the property view 

of it, that it will greatly increase the value of the public domain of the 

United States, will see that upon the whole, while it is the part of 

patriotism to stand in this Senate Chamber and to challenge every appropriation and to have it examined in the light of hope, probability, 

or desire, and least of all to answer the eager clamor of men for office, 

this doe.s promise such unmeasured and uncounted good to these people 

that we should be lacking in an essential duty to them if we did not 

insist that this appropriation should remain. 

The Department of Agriculture has vindicated its capacity to expend 

this money wisely. All geological knowledge is not gathered into ge°'" 

logical departments or divisions of the Interior Department. There is 

available to the Secretary for the Department of Agriculture no inconsiderable geological knowledge. He has already demonstrated that that 

is true; and while for myself I stand ready to consider the propriety of 

establishing by law a bureau of geology in the Interior Department or 

in the Department of Agriculture as you please, and to define and limit its 

functions, and to designate its officers and employes, and without prejudice against anybody who bas heretofore been engaged in that bureau 

to consider what is wisest and best to be done to the end that the citizens of the United States may know just exactly what a domain they 

occupy, what it promises for agricultural and mineral and hydrographic 

value, I still insist that there is no occasion to forget the great interests 

of the West which to a very considerable extent are bound up in the occupation and utilization of these arid lands. Therefore I should appeal 

to the Senator from Maryland to allow this amendment to be adopted 

if he were present in the Hall. 

Mr. GORMAN. I am here. 

The PRESIDING OFFICER (Mr. WILSON, of Iowa, in the chair). 

The question is on concurring in the amendment made as in Committee 

of the Whole. The yeas and nays having been ordered, the Secretary 

will call the roll. 

The Secretary proceeded to call the rolL 

Mr. CARLISLE (when his name was called). I a1ll paired with the 

Sena tor from North Dakota [Mr. PIERCE]. If he were present, I should 

vote ''n::i.y.'' 

Ur. PETTIGREW (when his name was called). I am paired with 

the Senator from Florida [Mr~ CA.LL]. If he were present, I should 

vote ''yea.'' 

Mr. QUAY (when his name was called). I am paired with the junior 

Senator from West Virginia [Mr. FAULKNER]. 

Mr. VANCE (when his name was called}. I am paired gener~y 

with the Senator from Michigan [Mr. McMILLAN]. If he were present, I should vote "nay." 

'\Ir. WILSON, of Iowa. (when his name was called). I am paired 

with the Senator from Maryland [l{r. WILSON]. If he were present, 

I should vote ''yea.'' 

The roll-call was concluded . 

Mr. PETTIGREW. lam paired with the Senator from Florida [Mr. 

CALL]. The Senator from North Dakofa [Mr. PIERCE] is paired with 

the Senator from Kentucky [Mr. CARLISLE]. We have arranged to 

transfer the pairs so that the Senator fro n Kentucky and myself can 

"\'Ole. I vote ''yea. '' 

,Mr. DA VIS. I am paired with the Senator from Indiana. [Mr. TURPIE]. 

Mr. DOLPH. I desire to announce th::i.t my colleague (l\Ir. 111ITOHELL] is detained from the Senate and is paired with the senior Senator from Georgia [Mr. BROWN]. I tran fer my pair to my colleague. 

Mr. CARLISLE. J'ily pair with the enator from North Dakota 

[Mr. PIERCE] having been transferred, I vote "nay." 

M:r. GIBSON (after having voted in the affirmative). I am paired 

with the Sena.tor from :Minnesota. [Mr. W .ASHBURN]. I do not know 

that this is considered a party question. I do not know how be would 

vote. 

Mr. DA VIS. I believe I can assure the Senat.or that my colleague 

(Mr. w ASHBURN] would vote "yea." 

Mr. TELLER. He would vote "yea." 

Mr. GIBSON. I understand the Senator from Minnesota (?i!r. 

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1890. CONGRESSIONAL RECORD-SENATE. 8747 

WASHBURN] would vote "yea." ifpresent. I therefore will let my 

vote remain recorded. 

Mr. McPHERSO~. I am paired with the Senator from Delaware 

[Mr. HIGGINS]. If he were here I should vote "yea." 

Mr. BATE. My colleague [Mr. HARRIS] is paired with the Senator from Vermont [Mr. MORRILL]. I desire also to state that the 

Senator from Florida [Mr. Pasco] is temporarily absent from the 

Chamber and is paired with the Senator ff om Illinois [Mr. F AB WELL]. 

Mr. COCKRELL. I am paired with the Senator from Massachusetts [Mr. DA WE.SJ. I do not know bow he would -yote. Does his 

colleague know? 

Mr. HOA.R. I have no doubt my colleague would vote with the 

committee on this question. 

Mr. COCKRELL. Then, notwithstanding the pair, I will vote. I 

vote ''yea.'' 

Mr. McPHERSON. I am now informed that the Senator from Delaware [Mr. HIGGINS] would vote "yea," if present, and I will therefore vote "yea." 

Mr. BLAIR (after having voted in the affirmative). I am paired 

with the Senator from Missi~ippi [Mr. GEORGE]. I desire to withdraw my vote unless it is nece35ary to form a quorum. 

The PRESIDENT pro temp<ire. It is not necessary for a quorum. 

!Ir. BLAIR. I will t1am~fer my pair with the Senator from Mississippi [Mr. GEORGE] to the Senator from Michigan [Mr. McMILLAN], 

and will allow my vote to remain. 

Mr. P .A..DDOCK (after having voted in the affirmative). I am paired 

with the Senator from Louisiana [l\1r. EUSTIS). I find that his 

name is not recorded as having voted. I will therefore withdraw my 

vote. 

The l'esult was announced-yeas 29, nays- 15; as follows: 

Aldrich, 

Blair, 

Cameron, 

Casey, 

Cockrell, 

Cullom, 

Dixon, 

Dolph, 

Barbour, 

Bate, 

Berry, 

Blackburn, 

Allen, 

Allison, 

Blodgett, 

Brown, 

Butler, 

Call, 

Ohandler, 

Daniel, 

Davis, 

Dawes, 

Evarts, 

Gibson, 

Gray, 

Hale, 

Hawley, • Heart, 

Hoar, 

Ingalls, 

Carlis!e, 

Coke, 

Colquitt, 

Gorman, 

YEAS-29'. 

.Jones of Nevada, :McPherson, 

Manderson, . Moody, 

Pettigrew, 

Platt, 

Plnmb, 

Power. 

NAYS-15. 

Hampton, 

Morg-an, 

Pugh, 

Reagan, 

A "RSENT-40. 

Edmunds, Kenna., 

Eustis, McMillan, 

Farwell, Mitchell, 

Faulkner, Morrill, 

Frye, Paddock, 

George, Pasco, 

Harris, PRyne, 

Riggins, Pierce, 

Hiscock, Quay, .Jones of A1·kansas, Sherman, 

So the amendment was concurred in. 

Ransom, 

Sanders, 

Sawyer, 

Stockbridge, 

Teller. 

Vest, 

Voorhees, 

Walthall. 

Spooner, 

Squire, 

Stanford, 

Stewart, 

Tur pie, 

Vance, 

Washburn 

Wilson of iowa, 

Wilson of Md. 

Wolcott 

Mr. MORGAN. I offer au amendment to come in at the end of line 

25, on page 21. 

The Pl~ESIDENT pro tempore. The amendment will be read. 

The SECRETARY. At the end of page 21 add the following proviso: 

Provided, That from and after the passage of this a.ct it shall be unlawful for any officer, agent, or employ6 of the United Stat-es Government to contract, or agree to pay, or cause to be paid a greater sum than $30 per annum, or f].50 per qun.rter, for the rental or use of any telephone instrumeat for or within any of the Depart.men ts, bureaus, or offices of the United States Government within the District of Columbia; and if any teleph1>ne company or other corporation 

operating or furnishing telephone service within said District of Columbia.shall refuse to accept said amount as compensation in full for such service, then said company or corporation shall be prohibited from running its lines or wires on or within- any Government building, over or through any Government reserva- tion or alone: any public stree~ or alley bordering on such reservationa; nor shall any existing lines of telephone or other wires be held by any officer, agent, or employeof the Government to vest any right in any telephone or other cor- poration that would in any manner uuder previous permission or authority 

prevent or modify I.he execution of the true meaning and intent of this act. The commissioner of public buildings and grounds and the commissioners of the District of Columbia are charged with the enforcement of this act so far as it relates to the running or maintenance of lines or wires over or through any Goverr.ment reservation or along any public street or alley bordering on such reservations, and the proper officers so far as relates to any Government build- ing. 

:Mr. MORGAN. Mr. President, a gentleman of intelligence and 

large information abont matters of this kind brought the necessity of 

pre eating this amendment to my attention, and he bas furnished me 

a statement of facts which I will read as my argument in support of 

this proposition. 

Efforts have been made in various parts of the United States to relieve the people .of the burdensome and excessive charges made by 

corporate monopolies for the necessaries of lifo, and such other elements 

as enter into the daily transaetions of the busine fl of the country, and 

which have to a greater or lesser extent also become necessaries~ In 

most instances monopolies have triumphed.. 

There seems to ha.ve been but little relief except where the strong 

arm of the (J-eneral Government could intervene, and nowhere can this 

giant monopoly of the telephone company be met and combated excepting in the District of Columbia, where the Federal Government has 

complete jurisdiction. While it may not be possible or practicable to 

prevent the mulcting of private citizens, certainly it is meet and proper 

that the Government should protect itself and make at least an effort 

to secure reasonable service in the transaction of its business. 

This is true so far as the bnman machine is concerned, the Govern-· 

ment in a. majority of instances requiring the greatest amount of brains 

and muscle for the least compensation. 

Yet it passively submits to the exorbitant charges of giant corporations, after having first commissioned them by franchise or patent to 

commit :r'obbery. 

Congress has seen fit to authorize the Postmaster-General to fix the 

rate for Government telegraphic business. Then why not fix rates for 

telephone business, especially within the small area of the Di;;trict of 

.Columbia? 

Taking the current list of subscribers to the Chesapeake and Potomac Telephone Company (May, 1890), we find that the Government 

has the following number in use: 

Agricultural Department------------------------------------ 13 

Attorney-Genernl's Office --- _ -------- --------- ---------- ---~-- 1 

Attorney to District commissioners ---- -------- -- ------------ 1 

Census Office--------------------------·----------·---------- 6 

City post-office_ -- ____ ----··------------- ----------------·- _ __ _ 11 

Civil Service Commission--------··--------------------------- l 

Commissioners District of Columbia-------------------------- 3 

Custom-house, Georgetown ________ ----··-·-------------------- l 

Deaf-Mute College -------------- ----------------------.. ----- 1 

Department of Labor ____________ ---------------------------- 1 

Depot quartermaster---------------------------------------- 2· 

District of Columbia sand-yar(l ------------------------------ 1 

Executive Mansion----------------------.:.------------------- 1 

Fire-alarm headquarters __ ----- --------------- -------- __ ____ _ 1 

Fort Myer, Virginia---------------------------------------- 1 

Franklin School building _______ .: __ ---------------------·---- 1 

Freedmen's Hospital ---- __ --- _ ---- __ ------------------------ 1 

Garfield HospitaL _ ---- --------·------------ ------------------ 1 

Geological Survey-------- - ---------------------------------- 10 

Government Printing Office ______________ ·-------------------- 11 

Hains, P. C. (office .Potomac Flats improvement)______________ 1 

Health office, District of Columbia __________________ : ___ ------ 1 

House of Representatives------------------·------------------ 7 

Interior Department ________ --------------------------------- 27 

National Museum--··---··--···--··-------------------··--------- .6 

Naval Observatory--------------··---------------·----------- 1 

Navy· Department __ -------------------. ---------- _ ----- _____ 6 

Navy pay office--------------------------------------------- 1 

Navy-yard, commandant's office------------------------------ 1 

Navy-yard, inspector ordnance - ______ ----- _____ ----·---------- 1 

Navy-yard, general storekeeper ______ ----------------------___ 1 

Navy-yard, civil engineer. --- ------------------------------- _ 1 

Navy-yard, receiving-ship Dale_---··-·---------------------____ 1 

Navy-yard, watch-box No. 1 _______ ;: ____ ---- ·--- -------· ____ _ 1 

Pension Office--- ·------------------------------------------ 21 

Post-Office Department - _ ------------------------------ -··---- 5 

Reform School __ ---------------··---------------------------- 1 

Senate annex-------------------··-·--------------------------- 1 

Senate corridor_. ____ . ·--------------------··----------------- 1 

Soldiers' Home ______ .:_ _____ ---·----------------------------- 1 

State Department---------- ____________ ------ ____ ------_____ 3 

State, War, and Navy building ___________________ ·· ----------- 1 

Supreme Court United States---------· __ . __________ '._ _________ 1 

Surgeon-General's Office ---------- ___________________ ,, _______ 5 

TreasuryDepartment----------------------·----------------- 15 

United States Fish Commission ---------- __ ------------------ 4 

United States jail,, Nineteenth and E streets southeast__________ 1 

United States Naval Hospital-·------------------------------- 1 

~arDepartment-----------------------------------·-------- 14 

Total------------------------------------------------ 200 

(not including the Smithsonian Institution), which, at an annual rental 

of $60 per annum each, makes an income to this monopoly of $12,000 

a year from the United States Government alone in the District of Columbia. 

I challenge any proof to show that the rate charged is reason~ble or 

justified by any amount involved in cost and maintenance of the plant 

unless it be based upon a fictitions valuation of the patents issued by 

the Government. 

The remedy should be applied here where the Government bas complete authority. Should this proposed enactment become a law, and 

probably before it is passed upon, we will be met without doubt with 

threat that the instruments would be taken out and the -Government 

offices be left without telephone service. Is it not worth wbile to try 

the experiment? 

We are not yet without telegraph service notwithstanding the Post-

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8748 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

master·General's order making the rate 1 mill a word for Government 

business. 

If there-is no relieflet us not submit without at least making an ef· 

fort in the right direction. 

That rate proposed, $30 per annum, is but one-half that now paid, 

and, if in the opinion of the Senate the reduction is t.oo great, let some other sum be named, ifonly some reduction be made; but in my opin· 

ion the rate should be fixed at a less sum than $30 rather than a greater one, say $25. 

The e are the opinions of these well informed gentlemen as to what 

ought to be a proper charge for telephone instruments. I 10 not my· 

self know the cost of a telephone instrument, but I suppose one would 

hardly cost more than $10 or $12. 

Mr. PLUMB. I think the Senator is entirely extravagant in his 

estimate of the cost, for I doubt if the cost of an instrument is more 

than $4. 

Mr. MORGAN. I have no information except such as I have gath· 

ered on the subject. I suppose the very best and most complete in· 

strument would not cost to exceed $10 under any circumstances. It 

is too much, therefore, to pay $50 per year of profit to this company in 

the District of Columbia, when the instruments will probably last for ~veral years, to say the lea'8t. I suppose there is very little wear to 

them. They would probably last at least four or five years. I think 

that profit is too great upon an investment of, say, about $10 for each 

instrument, especially when we gr:\nt them the privilege of running 

their wires over the houses, through the streets, etc. A profit of $50 a year on an investment of only $10 is too much to pay for this patent. 

I am a friend of patent rights and in favor of them, but where they 

simply constita te the basis of a monopoly and really destroy the prog· ress of the country unless the people pay enormous bounties, I think 

we can not favor them, at least to the extent of sustaining them in these 

outrageous charges. I should say that $30 would be a very high price per 

instrument for these two hundred instruments used in ihe different De· 

partmentsofthe United States Government. 

More than that, scandal is growing up. Men are saying on the 

streets that Government officers are having telephones put in their 

houses free of charge. Whether that is so or not, I do not know. I 

merely refer to the fact. The great amount that is being paid to this 

company for the use of these instruments would naturally lead one to 

try t.o account for it upon some other basis really than principles of 

economy. I suppose that is what leads to this talk upon the streets. 

I think the amendment ought to be adopted, although perhaps it is 

not precisely a legitimate subject to be put upon a deficiency appro· 

priation bill. At the same time it is germane to appropriations for 

deficiencies which have occurred in the use of telephones and tela. 

graphs within the District. of Columbia. Therefore, I offered it to see 

what the Senate would do about it. 

Mr. PLUMB. Mr. President, I do not care about e:oing into the 

merits of the question except to say that if the Senator from Alabama 

desires to be fair he should state not only the cost of an instrument, 

but the len,gth of time it can be used. I think these instruments are practically indestructible, and that with reasonable care in use they 

will last for fifty yea.rs, subject, of course, to such changes as may be 

made necessary by reason of other inventions that are improvements 

in the art. 

I have been told that $4 was the outside cost of one of these instru· 

menls, by a Senator who knows more about their cost than I do cer· tainly, for I do not know, and he has had very large means of infor· 

mation. I believe that it would be very hard even by the exercise of 

imagination to make them cost over $3. 

ThePRESIDENTprotempore. Is the Senate ready for the question 

on the amendment of the Senator from Alabama? 

The amendment was agreed to. 

The PRESIDENT pro tempore. The Senator from Rhode Island [Mr. 

ALDRICH] saggested an amendment which the Senator from Maine [~fr. HALE] thought there would be no objection to. It will be now 

read: 

The CHIEF CLERK. On page 71, after line 17, add the following: 

To enable the Secretary of the Senate to pay F. P. Holmes, as a.n additional 

elevator conductor for the Senate wing of the Capitol, for four months, at $100 

per month, $400. 

The amendment was agreed to. 

Mr. DOLPH. Mr. President, there was an amendment submitted 

by the Senator from California. [Mr. HEARST J, and rnferred to the Com· 

mittee on Appropriations, and also reported by the Committee on Mil· 

itary Affairs, to be added to this bill. I do not see the Senator from 

California in his seat. Inasmuch as it is a matter of interest to our coast, I will offer it instead. 

The PRESIDENT pro tempore. The Senator from California is now in the Chamber. 

Mr. DOLPH. Is it the intention of the Senator from California t.o 

offer the amendment to which I have alluded? 

. Mr. HEARST. Yes, sir; I offer it now, and ask that it be read. 

The P,RESIDENT pro tempore. The amendment will be stated. 

The CHIEF CLERK. On page 94, at the end of section 2, insert: 

To reimburse and pa.y the States o! California, Oregon, and Nevada. for 

moneys by them e::t,pended in aid of the United States in the war of the rebell· 

ion, as shown by the reports of the Secretary of War in Senate Executive Doc- uments Nos.10, ll, and L7 of the pre~ent session, as follows: To the State of California., ~.451,869.56. 

To the State of Oregon, $224,526.53. · To the State of Nevada, S4<H,040.70. 

Mr. HALE. Ur. President, I raise the point of order on this amendment. It is purely a privaj;e claim and presented as such, and has not 

in any way been audited by a Department or submitted as an estimate 

from any Department. The fact that a committee has reported it does 

not, I suppose, make such a claim in order. 

I may also say, as bearing upon the merits, that it is not ii). any degree like those cases where money has been paid to difterent States. 

It stands on an entirely different footing. 

.ft'lr. DOl~PH. If the action of the Secretary of War in regard to 

this claim, acting under the authority of an act of Congress, is not the 

auditing of a claim and if this is a private claim, the point of order 

is well taken. I submit, however, the question as to whether the claim 

of States of the Union against the General Government is a private 

claim within the rule. 

So far as the action of the War Department is concerned, I desire to 

state that Congress passed an act referring the claim to the Secretary 

of War for report as t.o the facts, and to audit, by a board to be ap· 

pointed by the Secretary, the amounts claimed, and the amounts of 

these claims were audited by that board or passed upon by the board, 

who reported to the Secretary of War, and their action was by him re- ported to Congress. 

The PRESIDENT pro tempore. The Chair has no doubt that the 

point of order is well taken and that this is in no sense a deficiency 

appropriation. It is a claim that can not be admitted on this bill 

under the ordinary procedure of tlle Senate. The Chair, however, if 

desired, will submit the question to the Senate for its decision. 

Mr. HALE. I would not ask that. 

The PRESIDENT pro tempore. Are there further amendments to 

the bill in the Senate?-

Mr. VOORHEES. Mr. President, with the permission of the Sen· 

ator from 1\Iaine I will offer an amendment, which bas been reported 

from the Committee on the Library and is now on the Calendar as a bilJ. I offer it for the consideration of the Senator from Maine and for 

the consideration of the Senate. 

The PRESIDENT pro tempore. The proposed amendment will be 

read. 

The Chief Clerk read as follows: 

That the Secretary of Wa.r be, and he is hereby, authorized and directed to purchase the equestrian painting of G1'neral Winfield Scott, now in the Corco· ran Art Gallery, painted by Troy, at a sum not to exceed $5,000; and the sum of $5,000, or so much thereof as may be necessary, is hereby appropriated out of 

any moneys in the Treasury not otherwise appropriated. 

Mr. HALE. I hope the Senator from Indiana. will not insist upon 

pressing that as an amendment to this bill. It is not a deficiency. 

The committee have considered several items of this kind, as well as this, and have rejected them all. 

Mr. VOORHEES. Mr. President, it is subject to the course indicated by the Senator from Alaine. Whatever his wish may be will be 

mine. I know it is open to the point suggested by the Senator, but 

from suggestions made to me I thought best to submit it at least. 

The PRESIDENT p1·0 tempore. The Senator from Indiana does not 

insist upon the amendment? 

Mr. VOORHEES. No. 

The amendments were ordered to be engrossed ana the bill to be 

read a third time. 

The bill was read the third time, and passed. 

MESS.AGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had passed the following bills: 

A bill (S. 276) providing for leave of absence for officers and em· ployes in the cost.oms service of the Government who receive per diem 

compensation; and 

A bill (S. 3795) to authorize the construction of a bridge across the 

Columbia River by the Oregon Railway Ex.tensions Company. 

EXECUTIVE CO::'tlMUNICATIONS. 

The PRESIDENT pro tempore laid before the Senate a communica· 

ti on from the Secretary of the Interior, transmitting, in answer to a reso- lution of the Senate of June 6, 1890, a report of the Commissioner of 

Indfan Affairs respecting intruders into the Choctaw and Chickasaw 

Nations; which was referred to the Committee on Indian Affairs, and 

ordered to be printed. 

He also laid before the Senate a communication from the Acting Sec· 

retary of War, transmitting, in response to a resolution of the Senate of 

the 9th instant, a report of Lieut. Col. P. C. Hains, Corps of Engineers, 

concerning the bridge over the Eastern Branch of the Potomac River at 

the foot of Pennsylvania a.venue; which was referred to the Committee 

on the District of Columbia, and ordered to be printed . 

LIQUORS IN THE CAPITOL. 

Mr. PLUMB. Mr. President, I desire t.o offer two resolutions,, anci 

ask for their consideration. 

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· .. ; . '.: :: .. ...-

1890. CONGRESSIONAL· RECORD-SENATE. 8749 

The PRESIDENT pro te11tpore. They will be read separately. 

The Chief Clerk read as foll~ws: 

Resolt-ed, That the Committee on Rules be directed to make such order as shall 

wholly prevent the sale of spirituous, vinous, or malt liquors in the en ate wing 

of the Capitol. 

The PRESIDENTp1'o tempo1·e. TheSenat-Or from Kansas asks unan- imous consent that this resolution may be now considered. Is there 

objection? 

Mr. ELA.IR. I su~est that the words "and drinking " be inserted 

after the word "sale." [Laughter.] 

Mr. PLUMB. I have no objection to the amendment offered by the 

Senator from New Hampshire. 

Mr. BLAIR. I suggest the insertion of those words. 

The PRESIDENT zn·o tempore. The Senat-Or from New Hampshire 

mo\·es to amend the resolution as will be rea.d. 

The CHIEF CLERIC It is proposed to amend the resolution so that 

it shall read: 

Rt~olred, That the Committee on Ilules be directed to make such order as shall wholly prevent the sale and drinking of spirituous, vinous, or m:i.lt liquors in 

the Senat-e wing of the Caoitol. 

The PRESIDENT vro tc1npore. Is the Senate ready for the question? [Putting the question.] By the sound the noes appear to barn 

it. 

Mr. PLUMB. I call for the yea.~ and nays. 

The yeas and nays were ordered. 

l\Ir. GORMAN. l\1r. President, let the resolution go over until to- morrow. 

The PRESIDENT pm tempore. Under the objection of the Senator 

from l\Iaryland, the re~olution goes over until t-0-morrow. 

TRI.\L OF LIEUTEN.\.NT GUY. 

The PRESIDENT pro tenipore. The Senator from Kansas [Mr. 

PLUI\I.B] offers the following resolution, which will be reported. 

The Chief Clerk read a.s follows: 

Resolved, 'l'hl\t the commissioners of the District of Columbia. are hereby directed to make forthwith to the Senate o. full and complete report, cor1taining 

copies of all charges•and complaints, and by whom made, against Lieutenant 

Guy, of the police force, and of all testimony and statements taken by or made to said commissioners, or either of them, concerning such charges, and wheth1w 

said Guy in bis trinl wn.s informed of all the charges and complaints made 

against him by any and all persons to said commissioners, or either of them, 

and, if not, the reasons therefor, and what action has been taken in said trial or otherwise concerning said charge. 

The PRESIDENT pro tempore. Is there objection to the present 

consideration of this resolution? 

Mr. DOLPH. Let it go over. The PRESIDENT pro tempo1·e. It goes over under the rules. 

PUGET SOuND COLLECTIOX DISTRICT. 

l\Ir. DOLPH submitted the following report: 

'l.'he committee of conference on the disagreeing votes of lhe lwo Hou es on the amendments of the House to the bill (S. 3163) to reorganize and establish the 

customs-collection district of Puget Sound, having met, after full and free con~ 

fet·ence hal'e agreed to recommend and do reeommend to their respective Ilouscil as follows: 

'fhat the Senate recede from its diss.greement to the aruend11.1ent of tl1e House numbered 1, and agree to the same with an amendment as follows: Restore the 

section stricken out, and in lieu of the words "four thousand," where they oc- cur in said section, insert the words "three thousand five h1•~1dred." 

That the House recede from its amendment numbered 2. 

The report was concurred in. 

J. N. DOLPH. S. l\I. ClJLLOl\f, 

A. P. GORMAN, 

Jlcrnagers on the pai'i of the Senate. 

JOHN LIND, . J. H. SWENEY, FELIX CA!\1PBELL, 

1llm1ngers 011 Ifie prtrl of the Hons!i. 

i'IIESSAGE FRO;)I T!:IE HOUSE. 

A message from the House of Representatfres by 1\Ir. McPHERsox, 

its Clerk, announced that the House had passed the bill (S.2661) to 

amend an act entitled "An act to authorize foot and carriage or rai.lroad bridges across the Mississippi River at St. Paul, in the State of 

Minnesota," approved July 5, 1884. 

The message also announced that the House had passed the bill (S. 

3127) amending an act entitled ".An act to constitute Lincoln, Nebr., a port of delivery, and to extend the provisions of the act of June 10, 

1880, entitled 'An act to amend the statutes in relation to immediate 

transportation of dutiable goods, and for other pUl'J.)()SCS,' to said po1·t 

of Lincoln," with an amendment in which it requested the concurrence 

of the Senate. 

The message also announced that the House had passed the following bills; in which it requested the concurrence of the Senate: 

A bill (H. R. 8046) to revise the wages of certain employes in the 

Government Printing Office; 

A bill (H. R. 8146) to authorize the construction of a tunnel under the 

Detroit River at the city of Detroit, Mich.; 

A bill (H. R. 11241) to authorize the Chicago, llenderson, Bowling 

Green and Chattanooga Railway Company to construct a bridge over Green and Barren Rivera, in the State of Kentucky; and 

A bill (IL R. 11569) to amend certain sections of the Revised, tatntes 

relating t-0 lotteries> -and for other purposes. 

The message further aunouncecl that the House had passed the joint 

i·esolution (S. R 115) providing that nothing in the diplomatic and consular appropriation bill shall be construed to in term pt the public;.1.tion 

of the reports of the Internationa! American Conference. 

E~ROLLED BILLS SIG~ED. 

'.rhe message also announced that the 8peaker of the House bad 

signed the following bills; and they were thereupon signed b.Y the President pro tempo1·e: 

A bill (S. 314) for ihe relief of :l\fary B. Le Hoy; 

A bill (S. 383) to remove the charge of desertion now standing against 

the record of No.ves Barber 011 the rolls of the Navy Department; 

A bill (S. 510) granting a pension to John W. Reynolcls; 

A bill (S. 775) granting a pension to Andrew J. Fou3t; 

A bill (S. 8-:18) granting a pension to Mary J. E'.ldie; 

A bill (S. 916) granting a pension to l\Iary E. Harney; 

A bill (S. 973) granting an increase of pension to Virginia. L. M. 

Ewin')'' . 

A bllI (S. 1203) granting a pension to l\Iiss :\fargaretStafford Worth; 

A bill (S. 1256) ~ranting a pension to James A. Myers; 

A bill (S. 1732) granting a pension to Nancy A. Thornton; 

A bill (S. 1740) grantingapension to.Mary J. Welch, an army nurse 

in the late war; 

A bill (S. 2036) granting an increase of pension to Urs. F. Selina 

Buchanan; 

A bill (S. 2043) granting a pension to Edgar M. Cherry; 

A bill (S. 2066) placing the name of Elizabeth Domm on the pensionroll; 

I 

A bill (S. 2366) granting ::i, pension to Florida Kennerly; 

A bill (S. 2644) for the recognition of F. A. Patterson as a captain of 

the Third West Virginia Cavalry; 

A bill (S. 2698) granting a pension to Johanna Loewinger; 

A bill (S. 2832) for the relief Jesse H. Strickland; 

A bill (S. 2859) for the relief of Caroline Baker Stevens, relict of the 

late Col. Robert J. Stevens, and daughter of the late Col. Edward D. 

Baker; 

A bill (S. 2976) granting a. pension to .l\Iary L. Bradley, formerly 

Mary L. Smith, who served as a nurse in the war of the rebellion;· 

A bill (S. 3101) granting a pension to Anna Rodgers Macomb; 

A bill (S. 3177} granting a pension to Ursula Lucretia Haight; 

A bill (S. 3194) granting a pension to Joseph H. Scoopmire; 

A bill (S. 3498) granting a pension to G. L. Pease; and 

A bill (S. 3840) to remove the charge of desertion against George 

Fetterman. THE RE\'EXUE BILL. 

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. 9416) to reduce the revenue and equalize duties 

on imports, and for other purposes. 

The PRESIDEN"T JJ1·0 tempore. The pending amendment will be 

stated. 

The CHIEF CLERK. On page 29, paragraph 137, line 6, it is proposed 

to strike out the words "two and two-tenths cents" and insert in lieu 

thereof "one cent," and after the word "pound," in line 7, to insert: 

And there sh1ll be paid to the manufacturers of tin-plate in the United States. 

from any moneys in the Treasury not otherwise appropriated, a. bounty of 1 

cent per pound, under such rules and regulations as the Commissioner of Internal Re'\"enuc, with the approval of the Secretary uf the Treasury, shall pre- sc1·ibe. 

Mr. GRAY. Mr. President, I would like the attention of the Senator from Rhode Island [1\ir. ALDRICH], who has charge of this bill, 

while I ask unanimous consent at this hour to informally lay aside the 

unfinished business in order that the Senate may proceed to the con- sideration of the bill to transfer the revenue marine to the naval es- tablishment. 

Mr. ALDRICH. I regret that I can not yield to the request of the 

Senator from Dela ware. If I should yield to his request I should have 

to yield to hundreds of others. I must insist on the reguiar order. 

The PRESIDEN"T 1)ro tmnpore. Is the Senate ready for the question 

upon agreeing to the amendment that has been read? 

Mr. PLUMB. Let it be again read. · 

The amendment was read. 

Mr. PLUMB. Mr. President, I should not now be moved to say 

anything further on this proposition except for the speech of the Senator from Delaware [l\Ir. HIGGIKS] on this subject. 

The Senator congratulated the farming interest of the east-ern porbion 

of the country upon the fact that there had been a great drought in the 

West, with such a considerable destruction of crops that the Eastern 

farmers might expect to have a considerable measure of prosperity which 

heretofore had not been vouchsafed. to them; and as this congratulation was embodied in a speech in favor of the imposition of duties upon 

tin, I suppose it may be accepted as one of the arguments in favor of 

that duty. 

I can conceive thab the Senator from Delaware, in addressing him.-

self to the agricultural people of that State, justifying an impositioik 

of a duty which adds very much to the cost of a very considerable 

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8750 CONGRESSIONAL RECORD-SENATE. AUGUST 18, 

product of that State (because it is inevitably incased before it goes 

to market in tin cans) would find some excuse necessary for that argument. and perhaps so'me excuse for that congratulation; bnt I co~ess it is the first time I ever heard of that which has produced a national 

disaster being used seriously as an argument in favor of the imposition 

upon the great masses of the people of a higher rate of duty. 

But I want to say to the Senator that his congratulation will har?ly 

have found an echo in the remotest corners of the small State which 

he rep res en ts-I say small geographically-before he will have occasion 

to take it back because while it is true that the agriculturists in Kansas and Nebra~ka, and to some extent in Missouri, and I think also in 

other States still farther east, notably in Indiana., have this year suffered very seriously on account of the drought, which may be said to 

be in a large measure without parallel in the Western country, certainly so during the last generation, whereby t?e corn which they have 

heretofore sold in the Eastern States and which bas been exported to 

foreign countries bas been cut off and has quite largely diminished the 

supply, yet I congratulate the country, whatever I mi_ght say ~o the 

farmers of Delaware and the Senator from Delaware, that that is not 

the permanent condition; that those men will bear up under that misfortune bravely, and that next year Kansas and Nebraska will add 50 

per cent. more to the corn supply of this country than they ever did, 

and that if the Senator is going to justify himself to his people for the 

votesile gives upon the tariff here, in the direction of putting new 

burdens upon them, on the ground that competition which they h~d 

heretofore had in Kansas and Nebraska is cut off permanently, he will 

find himself very seriously mistaken. 

He savs the people of that State have not been hurt any by the presence of manufacturing industries in .their vicinity. I will quote his 

~xact words from the RECORD: I do not believe that the farmers of Delaware or of the adjacent States have 

been in any degree injured by the fact that during this ti~e of agricultural de- pre sion in the great cereal products they have had at their elbow markets for 

all sorts of products, otber than grain and the staples, in the great city of Philadelphia and the city of Baltimor~, on th~ 01~c side an~ the other; ?f Chester, 

in Pennsvlvania and of my own city of Wilmington, with a prosperity marked 

by a growth of o'ver 41 per cent. in population in the last decade. 

nut Mr. President, it is not enough to say that they have not been 

burt by it. The question is one of average or relative condition. All 

the people of the United States are subject to the same laws. I suppose they are to be represented in Congress a_nd to have such law passed 

as will, as far as possible, render equal service to all and equal benefits to all. While it is perhaps trne, and may be for the purposes of 

this argument accepted as literally tru_e, that the protective tariff now 

prevailing, with the imposition of duties upon mannfac~red products 

now embodied in the law, bas not been the cause of agricultural depression, yet the men who have suffered by that depression have not 

been unmindful of the fact that those who have been sheltered under 

the law have not been subject to the mutations, to the disasters, consequent noon the decline of prices that the agriculturists have. While 

that may not be an argument for taking off duties, on the other hand 

it mav be a very strong argument for not adding to those duties. 

As I have just said, everythingi~ relative. The man who is as well 

off as his neiohbor has no cause to complain, and usually will not complain. The ~an who bas more t~n his n~ighbor is wealthy,_ n? matter how insignificant the sum of hIS possessions may be. But it is not, 

I beO' to say an elevated or reassuring spectacle that one class of men 

hav:been ahle to make great fortm:ies out of the opportunities which 

the law has given them, while others have during the same period of 

time suffered only disaster or at all events have not made money. .And 

I think that that is something to be taken into account; not that these 

people have lost nothing by it, but that the law bas so operate~ that 

there are beneficiaries of it who have escaped the general decline of 

prices, the general depression in ~usiness, and ~ave bad assurec~ to 

them practically uniform profits dnrmg all the p~nod of the depression. 

Now ifthat bP. necessary as a matter of public concern, let that necessity 1

be established; and if it be necessary not only !o continue it, 

but to add to it, let the necessity for that also be established. I only 

maintain that" the onus is upon those who propose not merely to continue the present condition, but to add to it. 

1\Ir. President, a good deal bas been said about reciprocity~ We sell 

to England, from whom we purchase, I believe, f~lly four times the 

\'alne of all the tin we purchase, in the shape of agricultural products, 

which we send them incased in that same tin. The meats, the berries, 

the Yegetables, the fruits of different kinds, the articles which are 

known as tinned goods, which are used in the English army to some 

extent ancl perhaps in the armies of Europe, go into almost universal 

co~ption among the manufacturing and other classes of people in 

Great Britain, and France more especially. 

Mr. UcPHERSON. 1\Iay I interrupt the Senator to state a fact in 

•that connection-that a certain manufacturer in Chicago is now supplying the· French and German armies and navies with cannecl meats 

directly from bis house in Chicago? 

Mr. PLUMB. Why, Mr. President, I am told by a gentleman who was with the expedition that the line of march of General Roberts 

into and out of Afghani~tan could be located for miles by the tin cans 

which had fncased American meat and which had been thrown aside 

at the various camping places. 

Where there is reciprocity like that, it may be worth somethin~ and 

will be worth something to us inevitably, unless we drive trade a~ay 

from us. Oar trade in food products with Great Britain will be greater 

than it can possibly be with all south of Central America. We shall 

sell food products under some system of reciprocity or without it, un• 

doubtedly, to the countries south of us. Bnt, as I said in some remarks I made in the Senate on this general subject two or three years 

ago, as the railroads penetrate to the central areas, to the mountain 

regions and plateaus of South America and Central America, the people 

of that section of the continent will send to the sea-coa~t for export 

articles which come in direct competition with the products of American farmeni. 

Last year the Argentine Republic ex ported a large quantity of corn 

and wheat, and the increase of products of that kind in cruder forms 

not only must continue, but we can only sell them some variation of 

our products, some peculiar kinds of manufacture which they themselves 

can not produce, something that is prepared differently, somet.bing 

which may be put up for export in a more deft and comfortable and 

convenient and safe way than they put up packages for export from 

the interior. We shall undoubtedly exchange much with them, but 

the demand for our food products from Great Britain, from France, :ind 

to some extent from Germany is constantly increasing. 

It may be that we shall be able to force our trade upon them, as we 

are now trying to do, after we have attempted to go elsewhere; bat we 

can not find anywhere else where they want the a~ricultura.l products 

which Wt3 now supply them without reciprocity. Why not make that 

reciprocity wide enough to take in all countries with which we have 

reciprocal relations or with which we can establish trade in these products of which we ha'l"e a supply in excess of our own wants? 

The tin we import is variously estimated at from $20,000,000 to 

$23, 000, 000. If the amount of labor used in the manufacture of these 

products of staple use is estimated upon the same basis as that applied 

to the production of steel rails, 50 per cent. of that amount will be 

labor, so that there will be somewhere from $10,000,000 to $12,000,000 

of labor. Make the calculation of the number of laborers that would 

be employed upon the basis of $300 per annum for each la.borer and 

see how few would be the number of people who would be employed 

in the United States if we succeed in establishing this industry. 

Mr. Presirlent, the more I hear of it the more it seems to me that it 

is largely a plan for the marketing of another article besides tin, or I 

might say several other articles, and that there is no definite form 

planned in the mind of any one or of any suitable combination anywhere to engage in the manufacture of tin-plate to take the place of 

that which we now get from abroad. 

Furthermore, Mr. President, last year, or two years ago, when we 

considered this question, the Senator from Iowa [Mr. ALLISON], then, 

I think, in charge of a similar bill, in advocating the passage of an 

amendment providing for increased duty on tin-plate, said if we gave 

the duty proposed by that ·bill (which, instead of being 2.2 cents was 

1. 75 cents a pound) the committee had assurances from capitalists and 

manufacturers that they would undertake and push to safe and speedy 

conclusion works adequate for the manufacture of all the tin to be 

used in the United States. And yet, Mr. President, we find that they 

have demanded, and have received in the bill from the committee, a 

duty of 2.2 cents a pound, although it has not been two years since 

the Senator from Iowa said that that duty of 1. 75 cents was enough. 

Mr. ALDRICH. Will the Senator from Kansas allow me to interrupt him a moment? 

Mr. PLUMB. Yes. 

1\Ir. ALDRICH. The provision of the bill which was rnported by 

the Senate committee two years ago was that an additional duty should 

be imposed upon tin-plate of three-fourths of 1 cent per pound in addition to the ciuty upon the corresponding gauges of black sheets. It is 

true thf,lt the duty on black iron sheets, as I remember, between Nos. 

10 and 20 wire gauger was 1 cent a pound, but there is no tin-plate ot 

the nature which the Senator from Kansas is now alluding to which is 

not thinner than No. 25 wire gauge. Almost the entire importation is 

No. 29 or No. 30. So, then, under the duty which we then proposed, 

nine-tenths of the tin-sheets or terne-sheets imported would pay 2.15 

cents instead of 1! cents. In making his statement, I am sure the Senator from Kansas does not intend to misstate what was the action of the 

committee. 

l\lr. PLUMB. I have before me the section as adopted by the Senate, and it ia exactly as proposed by the Senate committee in the last 

Congress. Paragraph 144, on page 45, of the Senate amendment at 

that time, is as follows: 

lH. Sheets of iron or steel, common or black, ~ucluding- all iron or stee~ com- mercially known as common or black taggers iron or steel, and skelp uon or steel, valned at 3 cents per pound or less: Thinne;r tba.n No. 10 and ,not thin- ner than No. 20 wire gauge, Llcenl.sperpound; thinner than No. 20w1regauge 

and not thinner than No. 25 wire gauge, 1.2 cents per pound; thin net• than No. 25 wire gauge and not thinner than No. 29 wire gauge, 1.4 cents per pound; thinner than No. 29 wire gauge, l.5 cents per pound. 

I am going to read the corresponding section of this bill as to the 

duties imposed upon similar articles. It is as follows: 

137. All iron or steel sheets or plates, and all hoop, band, or scroll iron or steel, 

excepting what are known commercially as tin-plates, terne-plates, and taggers 

tin, and hereinafter provided for, when galvanized or coated with rlnc or spelter, 

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CONGRESSIONAL ·RECORD-SENATE. 8751 

or other metals, or any alloy of those metals, shall pay one-ha.Kof 1 cent per pound more duty than the rates imposed by the preceding paragraph upon the corresponding gauges, or forms, of common or black sheet or taggers iron or steel. 

The highest rate, therefore, to be proposed was about 2 cents per 

pound. 

Mr. ALDRICH. Two and fifteen-one-hundredths cents. 

Mr. ·PLU 1B. Two and one-tenth cents. 

1\Ir. ALDRICH. Two and fifteen-one-hundredths cents. 

Mr. PLUMB. While the average was about 1t cents, which is less 

than the duty now proposed by this bill. I suppose, if we were to 

wait until next year, we should have to pay the increased price, and we s-;ioald not be able to have the assurance that this rate of duty 

would answer the purpose of having this tin produced in the United 

States. But if we are to have it, if it is practicable to have it, why is 

it not wiser and more judicious to have it by the addition of a bounty, 

which does not put upon all the people of the United States the tax 

represented by the increased price of the tin? If a bounty is a good 

thing as applied to sugar, as it is according to the committee, why is it 

not a good thing as applied to tin-plate? Why should one line ofmanufactnre or production be singled out to be decorated, or perhaps to be 

degraded, as the case may be, by the imposition of a bounty, while all 

the other.kinds of manufacture, and those kinds of manufacture which 

go into almost as universal consumption as sugar does, should have imposed upon them a duty which increases the price of that commodity 

to all the people? Why should they not be content with a bounty such as I have proposed? If that is not enough, make it larger. 

Believing, as I do; that we shall have no large amount of tin manu- factured within a reasonable period under the operation of either the 

bounty or the tariff, I am willing to concede and go as far as the furthest in regard to the bounty proposed, although not believing we shall 

be called upon to·pay it. It seems to me if a bounty is to bejnstided 

at all, if the committee expects to find concurrence in this body for its 

proposition of a bounty upon sugar, it can not reasonably object to the 

proposition which I have made for a bounty upon tin-plate. 

Mr. ALDRICH. Mr. President, in continuation of the explanation 

which I have madein regard tothedutiesfixedin the Senate bill of 1888, 

I will repeat that the duty upon all the tin-plates which are thinner 

than No. 25wire gauge, which include practically all the tin-plate that comes to this country, by that bill was 2.15 cents per pound, and the 

committee now propose to impose a duty of 4 cents a pound upon blocktin or pig-tin, which, upon the theory that 4 per cent. of tin-plate is 

composed of block-tin, would make an additional burden upon the tinplate-manufacturers of the United States for a while. until the prices 

wereequalized, of .16ofacentaponnd. Sothedutywhichwenowpropose, taken in connection with the duty on block-tin, is less protective to 

the American manufacturer than the duty which we recommended two 

years ago. 

Mr. PLUMB. That proposition to put a duty on block-tin as I understand is not in the bill. 

llr. ALDRICH. It is not in the bill now, but the comilittee propose to offer an amendment to cover it. 

Mr. PLUl\IB. I was addressing myself to the bill as proposed. I 

could not be expected to be aware of the things the committee was keeping so profoundly secret that it did not put them in the bill. 

l\Ir. GRAY. I should like to ask the Senator from Rhode Island if 

the duty of 2.2 cents per pound proposed on tin-plate was made with a view to the proposal which he says will be hereafter made, to place a duty of 4 cents a pound on tin ore or tin metal. Was the rate of 2.2 

per pound upon tin-plate fixed with reference to its being compensatory in some measure for the duty of 4 cents per pound to be placed 

upon all the block-tin that is to be brought into this country for the use of the tin-plate-makers? All of it will have to be brought in, if I am not misinformed as to the present prospects of mining tin in this 

country, and is it in order to protect them or to compensate them, as the phrase is, for that increased expense of their raw material? 

Mr. ALDRICH. In considering whether the House rates should be 

retained that question was undoubtedly considered by the committee. 

The amendment which we shall offer when that paragraph is reached 

in the bill will propose a duty of 4 cents a pound upon block-tin, to be 

imposed aUer the lat of January, 1892; so that for a while, at least, as lhavesaid before, themanufactureroftin-platein the United States may 

have to pay an additional price for his·block-tin above what his competitor in Wales has to pay. 

.l\fr. GRAY. This seems to show how perfectly at random all this 

matter of the imposition of duties, of the imposition of taxes upon the 

people of this country, has come to be, when it is being manipulated 

in the interests of the favored classes who seek to take this tribute 

from the people. If this duty, or any part of it, was made necessary 

in any respect, or has become or will become nec~y in any respect, 

by reason of the proposed imposition of a. tax of 4 cents per pound on all the block-tin that comes into this country, why was it that no duty on block-tin was incorporated in this bill? Why did the two propositions not come together, if it be the -fact, as the Senator from Rhode 

Island states it> is-and therefore we accept it as a fact-that an important consideration entering into the imposition of a duty of 2. 2 cents a pound was the compensation that was to be ~iven to the tin-platemakers for the tax of 4 cents a pound that they would be compelled to 

pay on a raw material that was necessary for their enterprise? 

Now, :M:r. President, after the debate oD this matter of the increased 

duty on tin-plate is over and this increased tax is voted on, the ques~ 

tion of compensatory duties is brought up, of duties laid by way of 

compensation to manufacturers or proposed manufacturers for the duties that have been paid or are to be paid upon their raw material of 

manufacture. A very favorite mode, as I understand it, of explaining the reason for a high rate of duty on a given commodity is that, 

while a part of the duty is pure protection, another part of the duty 

is compensatory, that is, to compensate the manufacturers for the duty 

that they have to pay upon the raw materials; and so you go back 

sometimes for two or three stages in these compensations. 

I notice, however, that when the last man gets his protection and his 

compensatory duty for the raw material there is no compensation anywhere to the consumer. He is to foot the whole bill, and the sum total comes out of his pocket. It is on account of the absence of compensation to him that I feel that the people of this co an try ought to understand what is being done practically by this complicated scheme of 

taxation, and that we ought, unless we understand something more than .we understand now about this proposition, to resist this oppressive tax burden. 

Mr. BLAIR. Mr. President, it will be remembered by so many of 

the Senators as are present that during the last Congress, as well as' 

several times .during the present session, the country has been grieved 

to listen to the expressions of the Senator from New Jersey [M.r. McPHERSON], the Senator from Maryland [Mr. GORMAN], whom I do. 

not now see in his seat, and I think the Senator from North Carolina 

[Mr. V ANOE], and pretty much all the Senators with sorrowful coun- tenances-the country has been, I say, and the Senate, grieved to listen 

to the jeremiads of the Senators upon the abandoned farms of New 

Hampshire. I heard considerable of this prior to the last Presidential 

election. That there were some abandoned farms in the State must 

be admitted. 

The people had taken little pains to call attention to their resources in that respect with a. view to their farms being improved and utilized 

for more profitable purposes, and the data which have been given to 

the country and to the world in the way of advertising, that attracted 

the attention of these free-trade Senators, these strong, vigorous Democratic Senators, as reliable data whereupon to found a political theory 

to win a great national election. So we went into the campaign, the 

question at issue being high ta.riff or free trade or tariff for revenue only. 

The matter has been under discussion all the time ever since and along 

with it the abandoned-farm business in the Slate of New Hampshire. 

Now, I have in my hand the report of the commissioner of agricult- ure and immigration of the State of New Hampshire, just issued, and 

I desire to call attention to this authentic document for the consolation 

of those Senators of the "dark and gloomy countenance," hoping that 

these facts may serve to illuminate their disconsolate visages somewhat. 

!have no doubt that these facts are .the direct and legitimate result of 

this agitation for a high tariff. I underatand that under the progress 

and effect of the debate now pending in the Senate as in the House previously, where we all know the subject was very fully and graphically 

and philosophically discussed, the abandoned farms in New Hampshire are becoming quite rapidly improved and being utilized as sources of 

wealth and comfort and as guaranties, not alone of a restored but of an ever-to-be-perpetuated Union. 

I do not know that it is worth while for rue, considering the anxiety we all feel to arrive at a vote-I know the Senator from Rhode Island 

would like to take the question on the passage of the bill during the 

afternoon [laughter], and therefore I will not read thls pamphlet in 

ea:tenso, but remind the Senate that the thing to do, when you have a bill on your bands that ought to be passed, is to pass it. I have bad some experience in that line. [Laughter.] On every suitable occa- sion-it ought to be done at least once every five minutes-the able 

Senators on either side should rise and insist that the Senator in charge 

of the bill should pass his bill or defeat it, and I hope the Senator from 

Rhode Island, who is also chairman of the Committee on Rules, will 

bear in mind his duty in that re~ard, and I give him notice that to- morrow morning, or at the latest the morning after, I shall, unless this 

bill be disposed of, move to dispossess it of its place on the Calendar 

and endeavor to pass the army nurses bill. [Laughter.] 

But, in regard to the effect of the high tariff agitation upon the 

abandoned farms in New Hampshire. I have stated once or twice before 

that these farms were being rapidly utilized by the millionaires of the 

country, and were in fact becoming mines of wealth to them. Originally the only difficulty was that our more enterprising people bad slid 

off these hills down into the valleys, where the soil was richer and they 

were doing better in the immediate vicinity of manufacturing towns 

and villages that were being built up and promoted by this high protective tariff. 

1\Ir. GRAY. Will the Senator allow me to interrupt him? 

The PRE8IDENT pro tcmpore. Does the Senator from New Hampshire yield to the Senator from Delaware? 

l'tlr. BLAIR. Certainly. What I want is to evolve the truth. We are discussing the t.ariff, and if I am wrong I wish to be corrected . 

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8752 CONGRESSIONAL RECORD-SEN.ATE. AUGUST 18, 

Mr. GRAY. In that I heartily sympathize with the Senat.or from 

~ ew Hampshire, and therefore, in order to develop the truth, I ask him 

whether the millionaires who have taken up these abandoned farms are 

the millionaires who have become rirli by the tariff; and, after all, 

whet.heritisnotareal blessin~in disguise to New Hampshire that, while 

the farms are compelled to be abandoned by those who have tilled them, 

yet rich manufacturers are enabled to take them up to make country 

seats? 

l\Ir. IlLA.IR. I am inclined to think the Senator fa right. I know 

most of them are rich Democratic millionaires from New York City. I 

have no doubt they have been made so by the legislation of the country . 

l\fr. GRAY. That is what I want to know. We are getting at the 

truth. 

Mr. BLAIR. Right on that point-for this is a very serious discu...c;sion-f should like to know what ha.rm is done to any poor man that 

somebo<ly else is rich, if he is not made poorer thereby? What harm 

is there in a system of laws which develops wealth, which gives a con- stant i::nprovement to the average and usual condition of the people, 

if, a1ong wilh that, there is a development oflarge fortune on the part 

of individuals? I see no l!arm in it if the masses are better off. Why 

is anybody injured because a few Democrats become millionaires and 

occasionally a Republican? [Laughter.] 

I tell you, Mr . .President, one thing that I think might be done in 

this country. I think all these millionaires, all these men of wealth, 

all these C3ptains of industry, might do a good thing for the world if 

they distributed the wealth which they have acquired to a little better 

advantage to themselves ancl to the masses of mankiml. For instance, 

here is a man who has accumulated wealth, which is the creation of 

the industry of the masses surrounding him. His ability is in the line 

of directorship and of development. He is a commander, and it is a 

legitimate and valuable ability, for which he is entitled perhaps lo a 

~eater compensation by rea.son of its rarity, from the fact t.bat the 

ability to command is even more important than that to obey, and he 

is entitled perhaps to a larger material com1Jensation. 

But when a man has got millions, and got them legitimate1", I think 

that he is under a moral obligation, and I do not know hut that he 

ought to be placed under a legal obligation, that his mouey be so reinvested in property as that it shall not he destroyed as though it were 

lmrned up, but thatit shall be utilizable continuously thexeaftei:wards 

for the benefit of mankind in the great elements of the support of human 

life, in thegreatelement.sofshelter, of clothing, and of food. If a man 

having money in that way locks in the shelter of hi~self and of a single family an amount of money which, if properly invested, might 

give shelter, with all reasonable comfort and all necessary luxury, to 

ten thou.sand people, I think he has done the same injury to society as if he had destroyed it by fir~, and I do not think society ought to permit it to be done. 

Had be invested it so a to give shelter to ten thous:md people instead of to twenty people, it would have yielded afterwards additional 

continuing profits in the way of rents, and at the same time afforded 

shelter to those thousands who, by their labor, had created this very 

capital which is thus destroyed. So if society would see to it that the 

wealth which society under its present organizatic;m develops, creates, 

and evolves, was so appropriated as to answer the great purposes for 

which wealth exists, it would be better for him in whom is the title as 

well as for the masse3 of those who wouldenjoyit, but who, under existing roethods of distribution and the legal methods of disposition of 

that which the whole have created, is practically destroyed, wUhout 

adding at all to the comfort or the happiness of the man who destroys it. 

But that is not the complaint which we have suffered under hitherto 

in New Hampshire with these abandoned farms. I am glad to note 

that the people that I have reference to are fast investing to a considerable extent in these abandoned farms, and so in the end the advantage 

has <30me around to us. We had only 1, 341 of them to start with. That 

is all tb.;y were able to find by statistics, hunting the St.ate o-rer as carefully as possfole. That would afford residences for six or seven thousand people only, and in a population as immense as ours that is 

not so very large a number after all. Our population has increased 

S0,000 since the year 1880-I ho~e the. Senator will note that-increased five or six times the entire number of population that could 

be supported upon these abandoned farms under the most advantageous 

circumstances. 

1\fr. PADDOCK. I should like to ask the Senator from New Hampshire if he is able to state about what the average size of these farms is 

in bis State, the number of acres, the area. 

Mr. BLAIR. Just the size you want them. (Laughter. J 

Mr. PADDOCK. Yes, I suppose so. . 

l\Ir. BLAIR. Anywhere from 25 acres to 160 or 250 or 500or1,000 

• acres. Mr~ P .AD DOCK. What is the actual fact as to tho probable a>ern!!e 

size? -

. Mr. BLAIR. Perhaps 150 or 160 a.cres. Mr. PADDOCK. The whole of them together would make a good 

Nebraska farm. 

l\Ir. BLAIR. And of those there have already been taken up some 

three hundred, leaving only about a. thousand, and I take this opportunity to say now is the time to subscribe for thesefarms; they will all 

very soon be gone. [Langhter.] 

The commissioner concludes as follows: 

Gratifying as these facts may be, they are doubly incren.sed in significance ~hen we consider that the class of people purchasing and renting these farms is generally such as appreciates the grand scenery, healthy climnle, nnd asso- ciation with an intelligent class of people, for all of which New Hampshire has become noted. 

Wedo not take everybody that comes along. We wantthatdistinctly 

understood. They are very glad to pay rent for our society for the 

sake of getting into it. [Laughter.] 

Those farms which lm>e become occupied for agricultural purposes are m::\inly taken by Aruericans, n.nd we believe they will have the energy and ability to succeed. 

The Americans that left them had the ability and energy to go off 

and succeed elsewhere and build up a good many new States that have 

been spending some time to get into the Union at this se sion. 

A large number of these farms have become occupied by city people, to whom a home in the country has been a fond anticipation for many years, and it is needless to say that they will find in a Xew Ilampshire farm all the opportuni- ties for gratifying any worthy desire in .establishing a home for comfort, health, or pleasure. They come, not to make money, but to spend it, and fortunate in- deed will it be for llie State when the unsold abandoned farms are utilized bv this class of people. \\'e are informed from credible sources thnt the summer- boardingbusiness was ne>erso large in the State as it is the present &eMon. nnd it is not unreasonabl e to suppose that the widespread attention recently called to the attractions of New Hampshire has had some effect in this direction. 

That is the way we have got about fifteen hundred of these sum- mer hotels in the State. 

We believe that the appreciation, both at home and abroad, of New llamp- shire's ndvantage10 , which has surely resulted from the enactment of this ln.w can be strengthened anct extended by a liberal policy on the part of the Stat~ until the capacity of our summer hotels and boarding-houses will need to be doubled, and no abandoned fttrm worth any one's attention need be without 

occupants. • Respectfully submitted. 

N. J. BACHELDER, C-Olnmissionu. 

This document contains interesting particulars, antl I will endeavor, 

if desired, to obtain a copy for each of the Senators who feel so badly 

about foe abandoned farms of New Hampshire. 

.Mr. McPHERSON. The present rate of duty on tin-plates is fixed 

at 1 cent a pound; block-tin is upon the free-list, and it is said by 

mauufactnrers that they can manufacture tin-plate at the present rates 

of duty and do it profitably. In other words, iL cnn be done agains~ 

foreign competition. 

It is proposed in this bill to make the duty on tin-plate 2. 2 cents 

per pound. It is proposed, a we now hear from the Senator from 

Rhode Island, in a subsequent amendment that he is to offer, to put 

block-tin upon the dutiable list at 4 cents a pound. The meaning of 

that would be that when the combination or trust is formed, as it-Certainly will be formed-because certain individuals or corporations will 

control necessarily all the great sources of supply-that it is then determined that no tin shall come in to interfere with the arrangements 

of the trus\. "Without the proposed protection upon the block-tin, it 

would be impossible, even with the duty of 2. 2 cents per pound, to 

prevent some measure of competition; but if you impose also the duty 

upon the block-tin, now coming in free, you place in the hands of this 

combination the power to fix any price they please upon tin, to the extent, at least, of charging the foreign competitor 2, 2 cents n. ponnd for 

the privilege of landing it. 

That is exactly the condition and exactly the sitnation. The tariff 

alone can not protect; a trust nlone can not protect; and for this reason: If any room were left for home competition and no trust or combination was formed, the tariff would not protect to the extent at which 

the tariff was made; but when you get them together and combine tho 

tariff and the trust, you have got then an effectual remedy to prevent 

foreign competition of any kind. That I assume to be the object of 

the Senator from Rhode Island in now proposing to place a. duty of 4 

cents a pound upon block tin. 

'l'he Senator from Kansas [Mr. PLIDIB] now steps in and proposes 

another plan. The Senator from Kansas says, let the duty remain at 1 

cent, as the present law provides, upon the tin-pfate, and then pay a 

bounty of 1 cent a pound to the manufacturers of tin-plate in this 

country. The effect of tha~, as everybody can see, would be to simply 

do exactly what the committee propose t-0 do with sugar. They say: 

''We propose to put sugar upon the free-list in order that we may give 

the poor people of this country a cheap breakfast table. We put sugar 

on the free-list as you do tea and coffee, but we propose in like manner 

to pay a bounty on every one who will eTigage in the manufacture or 

the growing of sugar." Now, if there is any sen~e in that proposition, 

is there not an equal amount of sense in the proposition made by the 

Senator from Kansas? It certainly would not impose upon the people 

of this country tbisextraor$linary tax of 2.2 cents a pound until tho industry were developed and nutil it had rnached that degree of perfection 

and proportion that it could supply all the wants of the people of this country at least . I do not agree with the Senator from Kansas. I am opposed to bounties in every form, and I shall not \Ote for his bounty proposition, nor 

shall I vote for the proposition which has been made by the committee either to make the duty 2. 2 cents a pound on tin-plate or to impose 

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1890. CONGRESSIONAL RECORD-SENATE. 8753 

a duty of 4 cent.a a pound on block-tin. But when you compare the 

proposition of the Senator from Kansas with that offered by the committee, it is immeasurably better in every sense and form. If it is possible to develop a tin industry in this country, it will be developed under the amendment of the Senator from Kansas. If it is not possible, 

then the people will not have to pay for the privile~e of the experiment. 

The PRESIDfu~T pro tempo1·e. The pending amendment will be 

again reported. 

The SEORET.ARY. On page 29, in paragraph 137, 1ine 6, after the 

word "pay," it is proposed to strike out "2.2 cents" and insert "1 

cent," and after the word "pound," in line7, toinsert: 

And there shall be paid to the manufacturers of tin-plate in the linited States, 

from any moneys in the Treasury not otherwise appropriated, a. bounty of 1 cent per pound, under such rules and regulations as the Commissioner of In- te venue, with the a.ppro,•al of the Secretary of the Treasury, shall pre- scrib • 

Mr . .ALDRICH. M:r. President, I understood the Senator from Delaware [Mr. GRAY] in the course of his remarks a few moments ago to 

allude to the injustice of this high rate upon tin-plate, which we upon 

this side of the Chamber have justified by the rates upon the cruder 

products of iron and tin which go into its manufacture. I understood 

the Senator to object to this extremely high rate, because be thought 

it was not justified, and to maintain that no higher rate should be imposed upon the more finished product than upon the lower forms of 

iron and steel. Upon that question I wish to read to him a short extract 

from a gentleman well known to him, which, I think, is pertinent to 

this discussion. I read from the CONGBE8SIONAL RECORD of February 15, 1883. The then Senator from Delaware, Mr. Bayard, offered 

an amendment to the bill then pending, in these words: 

Iron or steel sheets or plates galvanized or coated by any process with zinc or iipelter, or an alloy of those metals, commercially known as galvanized sheetiron or sheet-steel, ~ cents per pound. 

Before I read the extract from Mr. Bayard's remarks I will say that 

of course Senators upon the other side as well as myself know that 

galvanized sheet-iron is a cheaper product, and does not need protection 

as much as tin-plate, and that tpe rate then proposed by the Sellator 

from Delaware wasthree-tenthsof a centabovetheratewhich thecommittee now recommend upon iron and steel sheets coated with tin or 

lead. The Senator from Delaware in support of this motion made the 

following statement: 

'Vhile the whole scale of these duties is, in my judgment, too higb, as I have 

frequently stated in the course of the debate, beginning with iron in pigs and 

running up to its more advanced products, still it is obvious to me that there must be a. rat.e of advance and a proportion of duty; that is to say, the more crnde the article the lower the duty, the more advanced the manufacture the 

higher the duty. 

This principle practically, I would say, bas always been recognized, 

I think, in the construction of tariff bills by people of all beliefs, whether 

they were tariff reformers, or free-traders, or protectionhts. The tariff of 

Great Britain, while it is in· no sense a protective tariff, recognizes this 

principle all the way through, and places higher duties upon the more 

advanced products, and it not only does that, but it places duties upon 

articles which come in competition with their domestic products, upon 

which internal taxes are placed, at a much higher rate than the rate 

of the internal tax. So far as I am aware, an equitable tarift bill could 

be constructed upon no other principle. 

If iron or steel sheets, black, are entitled to one rate of duty, iron or 

steel sheets, cold-rolled, are entitled to another rate of duty, and iron 

or steel sheets coated with zinc or coated with tin are entitled to a 

still higher rate. The fact that this anomalous condition exist.a and 

tin-plates are not made in this country is simply owing to that want 

of relation between the duties placed upon these articles. 

Mr. GRAY. Mr. President, once or twice before in the course of 

this debate, when the other side have been appealed to for reasons for the propositions they make for the increase of taxes in this bill, 

they have avoided any discussion of the real principle that was involved, if any principle was involved, and have sought to make some 

personal answer, some argument uni ad liominem that might in some way 

embarrass the interrogator. But let me say to the Senator from Rhode 

Island that high as I place the abilities and patriotism and wisdom of 

the Senator from Delaware, my predecessor, whom he has just quoted, 

I am not estopped personally by any proposition that he made. 

M:r . .ALDRICH. Mr. President--

Mr. GRAY. Does the Senator wish to interrupt me? 

Mr . .ALDRICH. I wish to protest if the Senator understood that 

I was trying to embarrass him personally. I was only calling his attention to what I understood was the enunciation of a correct principle. 

Mr. GRAY. I understand. It may well be-and I have not read 

that debate and know nothing of it, except as I have heard it read by 

the Senator from Rhode Island-that a Senator in discussing the various 

and complicated adjustments of rates that become necessary, in a scheme 

like this tariff bill, or any .other that has been presented in the last 

twenty-five years, would find it necessary as a mere business matter, 

as a matter of detail, in seeking to equalize what he considers the 

burdens of a tax scheme that is about to pass, to endeavor to speak 

from a point of view that he would never think of speaking from if he 

were discussing it from bis own point of view. 

XXI--M8 

It may sometimes happen that when a Senator is discussing a. local 

industry, local to the State of the Senator who is addressing himself 

to the matter, he thinks if you are going to em bark upon this sea 

of high protective taxes that a particular tax is not fair to this particular industry, and so be may well protest against a low rate of 

duty upon it, whileatthesametimedisbelievingentirelyin the scheme 

and in the reasons that are given for the tax proposed. He may feel 

that a particular injustice is being done by this scheme of taxation to 

this locality or that locality. · 

So, Mr. President, a.~ we pass along in the consideration of this bill 

it becomes more and more apparent that we can not enter into a proposition like this without danger of doing injustice here and there, producing an inequality that will bear hardly upon some industry or some 

class of persons. It is only an argument against the whole scheme of 

high-protective taxes, taxing for protection first and incidentally only 

Jor revenue. You can not undertake to listen to all the demands of 

those who will be favored by legislation without implicating yourselves 

in this mesh-work, this inextricabie net that is thrown around you, and 

from which you can not emerge into the high plane of statesmanship, 

justice, and equality to all before the law; and a man who seeks to 

struggle within the meshes of that net is bound to involve himself in 

some inconsistency where you compare his views upon some particular 

item with the views he holds about the propriety of the entire scheme. 

I did not rise a moment ago for the purpose of di<Jcussing anew the 

reasons f<U" this increase of duty on tin-plate to more than double the 

rate fixed by the existing law. That debate has lasted through four or five days. It was closed practically by the vote taken on Thursday 

last, when the Senate voted to adhere to the proposition of the bil1, and 

to more than double the tax on tin-plates; but while that debate was 

going on, while there were reasons given on one side and the other for 

red uctionand for maintaining the duty proposed in the bill, it was never 

intimated from any source that I beard that one reason for this high 

duty of 2.2 eents per pound was that it was necessary to compensate 

the proposed tin-plate-makers for the duty which they would be obliged 

to pay upon block-tin, one of their raw materials. 

It was assumed all through that debate by every one upon the other 

side who addressed himself to it that 2.2 cents per pound was absolutely necessary in order to protect these proposed tin-plate-makers in 

the enterprise which they promised to embark in, and not a syllable 

was said about any compensation by a proposed duty on block-tin. 

If it had come about that the proposed tin-plate-makers had given 

the committee to understand that 2.2 cents per pound was the least 

possible protection that they could get along with and make a profit, 

how is it that they are to be burdened now with that same rate and with 

an addition of 4 cents a pound on the block-tin? Either the proposed tinplate-makers misrepresented the facts to the committee, concealed some 

of their information, misinformed them, or there is that utterly unentertainable proposition that there was a conspiracy between the committee and the proposed tin-plate-makers that they would deceive the Senate and deceive the public and get the 2.2 cents per pound on false pretenses, and then that they would slip on this duty on block-tin to appease the interests in the State of South Dakota. 

I say tltat that proposition can not be entertained for a moment, and 

I do not entertain it. I have too much respect for the members of that 

committee to entertain it; and theretore we are driven to the other 

alternative, that these men misinformed the committee and deceived 

the committee when they told them that 2.2 cents per pound was the 

least possible duty under which they could successtully compete with 

the foreign manufacturers of tin-plate. There is no other alternative. 

That is au illustration of what we are exposed to when we embark 

in this vicious legislation of shaping the tax faws of this country in 

order to meet the clemands of special interests in one part of the conn~ 

try or the other, instead of trying to make the tax burden as light as 

possible and to bear as equally as possible upon the labor of the country and get the most. revenue with the least possible derangement of 

business. ,_ 

Mr. BLAIR. I should like to ask the Senator from Rhode Island 

a question, and that is, whether·he thinks the duty for the protection 

ofthetin-plateindustry, Mreported bythecommittee, is high enough. 

Mr . .ALDRICH. I think it is. 

Mr. BLAIR. I should like to ask the Senator if be will in about five 

minutes tell us why he thinks so. . Mr. ALDRICH. In answer to the suggestion made by the Senator 

from New Hampshire [Mr. BLAIR] and the closing remarks of the 

Senator from Delaware [Mr. OR.AY], I would say that I object seriously 

to the imputations which are constantly being made upon the other side 

of the Chambf'r that rates have been fixed in this bill because some- body bad insisted that they should be so fixed. I wo)l}d say to the 

Senator from Delaware that the committee have observed as closely as 

they could the correct principle laid down by his predecessor in the Senate in the remarks which I read, which is tbatl thefixi~g of rates is very 

largely, if not entirely, a que5tion of relation, and, whether you are 

preparing a ta.riff for revenue or a tariff for protection, that principle 

must be followed. 

For instance, if yon propose in the metal schedule to admit iron ore 

free of duty and to put a small rate of duty upon pig-iron, you must 

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put a little higher duty upon bar-iron; you must put a still higher 

dnty upon iron sheet.s; and you•must put a still higher duty upon 

galvanized iron or upon tin-plate, unless you wish to destroy some 

of the industries in this long line from the iron ore to the finished 

product, whatever it may be. This question of relation is the most 

important question in the consideration and preparation of a. tarift bill, 

whatever may be your purpose. 

Now, I will say to both the Senators that, having by this bill pnt 

a rate of duty of 75 cents a ton upon iron ore, a duty of $6. 72 upon pigiron, a duty of 1 cent a potmd upon bar-iron, and a duty of 1.4 cents 

a pound upon iron and steel sheets ot the gau~es thinner than No. 25, 

from which tin-plates are made, it becomes necessary for us, unless we 

wish to do great injustice to this industry, to put a corresponding rate 

upon iron and steel sheets coat-ed either with zinc or with tin or lead, 

as the case may be. 

The committee had the figures before them, and they are printed in 

the testimony, to show that it costs three-fourths of a cent a pound 

more to coat iron and steel sheets with tin or with lead and tin in the 

United States than it does in Wales. So, in the act of 1888 we added 

three-fourths of a cent a pound to the duty upon black sheets, which 

was 1.4 cents, making the aggregate rate 2.15. We did not jump haphazard at that rate of 2.15. We tried by a careful investigation to 

apply the sound scientific principles upon which a t.ai'i:ff should be constructed, so that no injustice should be done to the manufa-Otnrer of tinplate in the United States. 

We then believed, and I now believe, that with no duty upon blocktin 2.15 cents a pound would be sufficient protection to the American 

manufacturer; and I say that the committee in considering the question 

whether they should propose an amendment to this bill to reduce the 

rates :five-hundredths of a cent, namely t-0 2.15 cents, took into consid· 

eration the question whether we should impose a duty upon block-tin. 

The reprei;entations made by the Senators from South Dakota, and by 

other parties interested in the mining of tin in the United St.ates, were 

so strong and so convincing that the Senate Fina.nee Committee felt 

obliged to recommend a duty of 4 cents per pound upon block-tin. 

I saythat was an element, but not a specially important element, because the 4 cents a pound would only makesixteen·one-hnndredthsof a cent a pound difference in the manufacture of tin-plate if it was all added 

to the present cost of block-tin. The committee believe, if the reasonable expectations of the Senators from South Dakota are realized, that 

the price of block-tin :five years from now, instead of being 22 cents a pound, as it is, now controlled practically by one combination, will be 

reduced to 8 or 10 or 12 cents a pound under the operations of $e 

process of developing the American mines . .Mr. BLAIR. I should like to ask the Senator a question. It is 

suggested all around that the committee put this duty higher than 

was needed so as to secure the establishment of the industry; that 

there is a design or that they have been doped to enable the people 

who propose to establish this industry at the expense of the dinnerpail brigade that has so many champions on this floor, and I should 

like to inquire of the Senator from Rhode Island whether he is con- scious of any guilt in this respect. [Laughter.] I insist upon it that 

the Senator shall inform "US whether there is any wrong designed or 

intended by the committee. 

To put the question in proper form, I should like to know, taking 

all the elements which are necessary to be considered and that we 

must protect an industry if we are to establish it, whether the Senator 

believes the rate which the committee has reported conld be lessened 

with any reasonable certainty of success in making the experiment. 

Mr. ALDRICH. If the committee thought so, they certainly would 

have recommended a lower rate. But, in view of the duties upon the 

other articles I have mentioned, I believe the rate fixed in the bill is 

essential for the development of the industry in this country, and I 

.Dave not the slightest doubt, if we pass this bill in the form in which 

it now stands, that within five years from now practically every pound 

of tin.:p]ate consumed in America will be produced by American producers, and the price of tin-plates, instead of being at the present rate, 

will be, owing to impTOvements in the methods which will be devised 

by Americans, cheaper than it is to-day. 

Mr. CARLISLE. Mr. President, I have no disposition to prolong 

this debate, because it has already occupied, in my opinion, sufficient 

time of the Senate, but I think that the faets in relation to this matter 

ought to be emphasized a little. 

This bill passed the House proposing to impose a duty of 2.2 cents 

a pound upon tin-plate without any provision whatever imposing a 

duty upon block-tin. It was referred to the Committee on Finance in 

the 8,enate and reported back retaining the duty of 2.2 cents per 

pound upon tin-plate and still proposing noduty whatever upon blocktin, the committee reporting the bill as it came from the other House 

in this respect. 

Now, one of two thingg is certainly true, either the duty of 2.2 

cents per pound, which this bill proposes to impose upon tin-plates 

with free tin, is too high, or else the duty of 2. 2 cents per pound upon 

tin-plate with 4 cents a pound upon the raw material, block-tin, is too 

low. 

If the House of Representatives and the authors of this bill were 

doing justice to the future tin-plate industries of the country by imposing a duty of 2.2 cents per pound upon tin-plate when the manufacturers were to have their tin free, and the Committee on Finance 

was doing justice to this future industry when it indorsed that proposition, the Senate will now do injustice to this industry if it adopts the 

snp;gestion made by the Senator from Rhode Island and imposes a duty 

of 4 cents a pound upon block-tin. 

The Senator from Rhode Island can not escape, it seems to m~, from 

this dilemma. The committee has fixed a duty upon tin-plate at a rate 

which it reported to the Senate was necessary to establish the industry 

in this country when tin is free, and now we are advised that there is 

to be a duty of 4 cents a pound imposed upon the material, and this 

same rate maintained upon the finished product. If the Senator was 

right when he reported the bill he is wrong when he proposes to impose this duty upon block-tin. 

But it is now said for the first time in this tlebate that this Qlity of 

2. 2 cents per pound is necessary because of the intention hereafter to 

impose a duty upon the raw material, upon the plea that there must 

be a compensatory duty upon the :finished product on account of the 

burden imposed upon the manufacturer by the dnty on his raw material. This is a favorite argument with Senators upon the other side 

and with advocates of the protective system generally, and yet we are 

frequently told in the same breath that the inevitable effect of the imposition of a duty upon any product is to.reduce the price. The Sen· 

ator has told us within the lMt five minutes that if a duty of 4 cents 

per pound is imposed upon block-tin, in a very few years the price will 

be reduced from 22 cents to 8 or 10 or 12 cents per pound, and yet he 

proposes to impose a tax of 2. 2 cents a pound on tin-plate to compensate the future makerg of tin-plate in this country for the fall in the 

prices of their raw material. 

So when you come to the metal schedule gene-rally, as illustrated by 

the Senator from Rhode Island, you impose a duty of 75 cents per ton 

upon the iron ore, $6. 72 upon the pig, and so much upon the bars, etc., 

throughout all the processes of manufacture, increasing with each process, upon the theory that yon are to compensate somebody for a duty 

upon the material he uses, and at the same time the people are told 

that the tariff reduces the price of these articles. The woolen manufacturer must haYe 44 cents a pound specific duty and 50 per cent. 

ad valorem upon imported goods, the 44cents being to compensate him 

for the duty upon 4 pounds of unwashed wool and the 50 per cent. 

ad valore~ it is claimed, for his protection; and yet according to the 

theory of the Senator from Rhode Island the price of wool should be 

reduced by the imposition of this duty of 11 cents a pound. 

Mr. President, the argument that compensatory duties are necessary 

is a confession that the imposition of a tax raises the price of the arti· 

cle. If the inevitable effect of the imposition of a duty upon an article which can be produced in this couutry is to reduce it.~ price, then 

no compensatory dnty can be necessary. The Senator should take 

some consistent position upon this subject. First, he told us that the 

imposition ofa duty upon an article willreduce its price, and then he 

turns about and demands a higher rate of duty upon the finished product in order to compensate for the increased price of the raw material 

upon which a duty is imposed. 

If Senators will take the position, as they do very frequently, that 

the imposition o(a duty increases the price of the article, then we can 

understand the argument and meet them squarely. If, on the other 

hand, they will take the position, and maintain it, that the imposition 

of a duty diminishes the price of the article, we can meet themsqaarely 

on that ground and discuss it. But the difficulty is, we find the Senators one moment taking the one position and another moment the 

other. 

In the case of wool, for instance, the farmer is told that the duty increases the price ot his product. Jn the case of woolen goods, however, 

he is told that the imposition of a daty reduces the price. In the case 

of block-tin the Senator asks that a compensating duty shall be placed 

upon the terne-plate, and at the same time be tells us that in a very 

few years the imposition of a duty upon block-tin will reduce the price 

of tin from 22 cents to 8, 10, or 12 cents. Then I suppose if that 

should come about we would .find the Senator advocating a reduction 

of the duty upon tin-plate. 

But, Mr. President, we have never yet reached the point in reference 

to any article in thec;edutiableschedules when the manufacturer would 

come forward and say that the imposition of a duty upon his raw ma- terial bas so diminished its cost to him that he can submit to a reduction upon the finished product. I do not think the Senator from Rhode 

Island can cite a single instance in which a manufacturer has made 

this confession before any committee of the House or the Senate. 

Now, ~ir, I rose only for the purpose of calling the attention of the 

Senate again to the fact so well stated by the 8enator from Delaware 

[Mr. GRAY] thatthis bill as it passed the House :ind as it was reported 

by the Committee on Finance to the Senate imposed too high a duty 

upon terne-pla.te as the bill then stood, or the bill, if amended as the 

Senator from Rhode Island now proposes by imposing a duty of 4 cents 

per pound upon block-tin, will impose too low a rate of duty upon tinplate. 

Mr. ALDRICH. 1\Ir. President, the Senator from Kentucky con-

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, ·- 1890. CONGRESSIONAL RECORD-SENATE. 8755 

fuses, it seems to me, the effect of a revenue and a protective duty . • If 

block-tin was not a product of the United States and there was no probability of its being produced here a duty of 4 cents a pound would 

undoubtedly and inevitably increase the cost of manufacturing tinplates in this country to the extent of 4 cents a pound upon the amount 

of tin used in that production. 

But considering the existmg conditions, that the supply of tin of the 

world is largely confined to the production of the Straits Settlements, 

that thesnpplyot the Cornwall mines is practically or very nearly stationary, and supposing that the reasonable expectations of the Senator 

from South Dakota are to be realized and a product equal ifnotgreater 

in amount than the output is to be secured,theinevitableresult of the 

development of the American mines, increasing as they would very 

largely the world's supply, would be a decline in the price. 

The committee took this fact and this belief in its success into con- sideration in not increasin~ tbe duty upon tin-plates more than fiveone-hundredths of a cent above the rate which they had suggested in 

the bill of two years ago. 

The Senator from Kentucky also alludes to the claim made by me on behalf of the committee that if this duty is imposed we shall :reduce 

the price of tin-plates as well as of tin. I stated that I believed with 

the competition of the American manufacturer of tin-plates, with the 

improved methods which American manufacturers are sure to adoptand there is no article in the manufacture of which American manu- factUTers once enlisted have not led the way in improvements, and while 

the Welsh tin-plat~-manufacturers are nsing the same methods which 

they used a century ago and in Germany, a process using practically all 

band labor-that the production of tin-plates in this country would 

lead to the redu!:tion in price to the American consumer. I do not say, nor have I heard any one say upon this side of the Chamber, that a purely revenue duty will tend to reduce the price of any 

manufactured article. I do not say, and I have heard no one upon 

this side of the Chamber say, that so long a,q the general level of the 

price of American labor is as much higher as it is above that in Great 

Britain or in Germany protective duties will not be necessary. They 

will be required just so long as that level is maintained above that in 

any competing nation. 

I understood. the Senator to challenge me to cite the case of a protected industry which had appeared before Congress and asked for or sug~ sted a reduction of the rates of duty upon the articles it produced. 

Mr. CARLISLE .. On account of the reduction in the price of the raw material resulting from the imposition of a duty upon it. 

Mr. ALDRICH. I did not undeystand that qualification; but I was about to cite to him a case in point where the cotton-manufacturers of 

the country, upon two or three different occasions. and notably in 1883, 

presented a schedule to the committees of the two Houses of Congress 

which reduced the duty more than one-half upon all cotton cloths and common cotton fabrics. 

Mr. BUTLER. But there was no proposition to reduce the duty on the finer product. On the contrary, there was a distinct proposition to 

increase it, as I remember. 

Mr. ALDRICH. There was a proposition to increase the duty upon some kinds not produced in this countr.Y, and not produced simply, as in the case of tin-plate, on account of the greater cost of manufacturing here than abroad, owing to the greater cost of labor in the United 

States. 

Mr. CARLISLE. I understand the Senator from Rhode Island now to say he does not contend that the imposition of a revenue rate of 

duty upon an article will reduce its price, but his contention is that 

the imposition of a protective duty upon an article which is produced 

in this country will result in a reduction of its price. 

I suppose the Senator will concede that the duty upon wool-and I 

speak of that because it is an article with which we are all familiaris protective, and has been for many yeara, except perhaps wool of the 

third class. Now, I would like the Senator to tell the Senate whether 

in his opinion the result of the maintenance of this protective duty 

upon wool produced by the farmers and flock-masters of the United 

States has resulted in reducing its price. 

Mr. ALDRICH. In increasing its price? 

Mr. CARLISLE. Was imposed for that purpose? 

Mr. ALDRICH. I will say iri answer to the question now asked me by the Senator from Kentucky that other causes entirely separate 

and apart from the duty on wool, namely, the low rates imposed on manutactures of wool, the want of proper relation, in other words, between the duties fixed upon wool and its manufactured products, allowing the importation into the United States during the last year of more than $50,000,000 worth of manufactured goods, have had the 

effect to reduce the price of wool in this country unduly. 

Mr. CARLISLE. Then it has not been the result1 the Senator thinks, 

of a protective duty? The reduction of the price of wool bas not been 

the result of the imposition of a protective duty? 

Mr. ALDRICH. Mr. Pr~ident, as I have tried to say, the effect of 

the law has been, taken as a whole, not to protect the wool; that we have not had what was in eftect a protective duty upon wool. 

Mr. CARLISLE. The Senator proposes in the bill now under con- sideration to make only a very slight increase in the duties upon wool; 

and by the act of 1883, for which the Senator voted, anli which he 

probably reported to the Senate from the committee, the duty upon 

wool was reduced. I am unable to understand why the Senator should 

vote for a bill in 1883 to reduce the duties upon wool, when he says 

they were not sufficiently high to be protective, and why he does not 

now propose to increase the duties upon wool to at least the point at 

which they were prior to 1883. 

Mr. ALDRICH. The bill before the Senate proposes to increase 

duties upon every grade of wool above the rate imposed in 1883. 

Mr. CARLISLE. Not up to the point where they were before the 

Senator voted in 1883 to reduce them. 

Mr. ALDRICH. The duty upon carpet wools--

Mr. CARLISLE. Carpet wools? I expressly excluded wools of 

the third class. I am referring to wools of the first and second clasS'es. 

Mr. ALDRICH. The wools of the other classes are practically as high as they were, and wools of the second class are made. higher than 

they were in 1867. 

But the trouble is not, as I repeat for the third time, with the dutv 

upon wools. I think that the 10 cents per pound, the present rate of 

duty upon wools of the first and secon4 classes, would be sufficient if 

we bad a protective duty upon manufactru:es of wool, which we have 

not had, and wool has been imported and the price of American wool 

bas been diminished by the importations of wools in the form of man,. 

ufactured wool 

Mr. CARLISLE. But, if the Sena.tor will allow me, he now says 

that one of the reasons why the price of wool has fallen is that there was not a sufficient duty upon the imports of woolen goods. The law 

has always been that a specific duty of so much per pound upon imported goods was imposed to compensate for the duty on the quantity 

of unwashed wool which it was supposed was rnquired to make that 

amount ot goods. In other words, there has always been a specific 

duty in addition to the ad valorem or protective duty upon imported 

woolen goods equal to the duty imposed upon the raw wool. The Senator will not dispute that. 

Mr. ALDRICH. It was supposed to be equal, but it was not equal as a matter of fact. 

Mr. CARLISLE. It is more than equal, as I think we shall show 

when we come to the wool schedule. Forty-four cents per pound specific duty is proposed by this bill to be imposed upon woolen and worsted 

cloths and 50 per cent. ad valorem, the 44 cents a pound specific duty 

being equal to 11 cents per pound upon 4 pounds of unwashed wool, 

which is supposed to be consumed in the manufacture of that pound 

of cloth. Such has been the theory of the law since 1867, a period of 

about twenty-three years; so that you have always had a protection 

against.the wool contained in the woolen goods equal to the protection 

for the raw material produced in this conn try, and 35 or 40 per cent. ad 

valorem besides. · Moreover, a large part of these woolen goods subjected to these heavy 

rates of duty is not composed entirely of wool. Take your worsted 

cloths where the warp is of cotton, and you propose in this very bill to 

impose a specific duty of 44 cents per pound upon the cott-0n contained 

in the goods to compensat.e the woolen manufacturer for the duty on wool; and so it has always been. The Senator, therefore, can not mainfain the position that the price of wool has fallen not on account of the 

protective duty1 but because of the importation of wool in the form of 

manufactured goods, there having been all the time, as I said, the same or a higher rate of duty on the wool contained in the manufactured goods as on the raw material produced in this country. 

Mr. ALDRICH. I am sure the Senator does not wish to create ff 

false impre--~ion. 

Mr. CARLISLE. Certainly not. 

Mr. ALDRICH. I beg to remind the Senator that the act of 1867, 

which imposed adutyof lOcents a pound and 10 percent. ad valoremon 

wools of the first class, which was supposed at the time to be equal to 

rn cents a pound specific, also imposed upon cloths and other manu- fa.ctares of wool a specific compensatory duty of 50 cents per pound, or 

more than four times the rate fixed upon wool of the first class, while 

the act of 1883 imposed a duty of 10 cents a pound on wools of the 

first class and only 35 cents per pound as compensatory duty on manu- factures of that wool; thus, whiletheactofl867imposedaspecificrate of 

50 cents a pound, more than four times the duty on the wool, the act of 

1883 imposed one which was 5 cents a pound less than four times the 

rate of duty imposed upon wool of the first class. 

This fact is a. mathematical demonstration of the inadequate com- pensatory duty fixed by the act of 1883, but there is a demonstration' 

ofmuchgreaterimportancetotheAmericanpeople, thefactthatnotwithstanding these duties upon woolens $56,582;672 worth of manufact- ures of wool were imported into the United States during the year 

closing the first oflast month. If these duties bad been protective or 

if they had been compensatory, those woolen goods would have been 

manufactured in the United States from American wool rather than 

in foreign countries from Australian and South American wools. 

Mr. CARLISLE. Mr. President, the point which I have been en- deavoring to make in response to the Sena.tor 1rom Rhode Island was simply this: Ever since 1867, when the wool and woolen schedule was arranged by an agreement between the wool-growers and wool-manu-

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factnrers, there has been the same or substantially the same protection 

for the American wool-~ower against the wool from abroad brought 

here in the form of goods already manufactured as there has been for 

the raw wool itself. Therefore it is not a sufficient answer, when the 

Senator undertakes to explain the reason why wool has fallen as he 

says it has, to say that it was effected by the importation of woolen 

goods. It is true that in the act of 1883 35 per cent. ad valorem was 

placed upon woolen goods as the protective duty. 

Mr. ALDRICH. Thirty-five cents a pound. 

Mr. CARLISLE. Thirty-five cent.a a pound as a specific duty. 

Mr. ALDRICH. A.s a compensa.'.ory duty. 

Mr. CARLISLE. As a compensatory and specific duty, and I maintain that that was more than compensatory, and when we come to the 

woolen schedule I think it will be shown unquestionably. 

But these goods imported are not all wool. As I said a moment ago, a large part, much the larger part, of our importations are woolen and 

worsted goods, with a cotton warp, and other goods composed partly of 

wool The Senator shakes his head, but if he will look at the statistics 

he will find that I am correct. I say that the all-wool goods do not 

rompose half of onr importations. 

1\lr. ALDRICH. Over half. 

Mr. CARLISLE. And it is only in all-wool goods that you claim 

• that 4 pounds of wool are necessary in the manufacture of a pound of 

cloth, and yet you get the specific.duty upon the cotton contained in 

the worsted goods as well as upon the wool. . 

Mr. ALDIUCH. Mr. President, the Senator is mistaken in the 

statement; but if it were true it is so much worse for the argument 

the Senator is making. If these people can import an article of cotton 

and pay 35 cents a pound and 40 per cent. ad valorem upon it and sell 

it in competition with American manufacture, that is so much the 

stronger evidence that this duty is not compensatory. 

Mr. CARLISLE. But the Senator, in response to a few remarks 

made by me a \Veek or so :i.go, when I referred to the importation of 

these woolen goods amounting to $50,000,000 annually and which 

were sold here for about $100,000,000, said that a large part of them 

did not compete at all with our manufactures. Now I understand 

the Senator t<> say substantially that they do compete. 

Mr. ALDRICH. Some of them. 

Mr. CARLISLE. The fact that they are imported shows that we have not sufficient duty upon the goods, he says. 

Mr. ALDRICH. The reason why they do not compete wit.h American manufactures is this: It is the case of tin-plate over again. Upon 

all the finer forms of woolen cloths and upon all the finer kinds of woolen 

dress goods-and the Senator from Kentucky is as well aware of that 

fact as I am-it is impo~sible to-day with the present rate of duty for 

the American manufacturer to compete. So I will agree that that portion of the importation does not come within the line of competition. 

But there is a considerable portion of the importations which does come 

within the line of competition, and they are not by any means goods 

that are of a low class, which the Senator bas referred to. They are all classes of goods up to the very finest. and it is only the very finest 

which come within the other description to which I have alluded, 

where the American manufacturer has never, owing to the want of the 

compensatory duty, making my argument still stronger it seems to me, 

been able to make them here at all, because the dutj' fixed by the act 

of 1883 was not compensatory. 

Now, I desire tor.all the Senator's attention to the fact that the i rnportation of woolen goods has increased every year from 1883 down 

to the present time, and that the lowest importation for any year subsequent to 1883 was greatly in excess of the average for the years subsequent to 1867, showing that the reduction of the compensatory duty 

from 50 cents a pound to 35 cents a pound in 1883 was a fatal mistake 

for the great manufacturing interests of this country. 

Mr. CARLISLE. Mr. PresidentMr. CAMERON. If the Senator from KenLucky will yield, I will move that the Senat.e adjourn. 

Mr. CARLISLE. In just a moment. The hour is late, and we have got off the tin-plate and on woolens. I think I shall not make 

any further response to the Senator from Rhode Island until we reach 

the woolen schedule, and then we can discuss the whole subject.. 

Mr. CAMERON. Mr. PresidentThe PRESIDENT pro tempore. Before a motion to adjourn is made, 

the Chair will lay before the Senate bills from the House of Representatives for reference. · 

HOUSE nu,LS REFERRED. 

The following bills were severally read twice by their titles and re- ferred to the Committee on Commerce: 

A bill (H. R. 8146) to authorize the construction of a tunnel under 

the Detroit River, at the city ot Detroit, Mich.; and 

A bill (H. R. 11241) to authorize the Chicago, Henderson, Bowling 

Green and Chattanooga Railway Company to construct a bridge over Green and Barren Rivers in the State of Kentucky. 

The bill (H. R. 8046J to revise the wa,ges of certain employes in the 

Government Printing Office was read twice by its title, and referred to 

the Committee on Priμting. 

The bill (H. R. 11569) to amend certain sections of the Revised Statutes relating to lotteries, and for other purposes "\'fas read twice by its 

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

PORT OF LINCOLN, NEBR. 

Mr. PADDOCK. I ask the Chair to lay before the Senate the amend· 

ment of the House of Representatives to Senate bill 3127. 

The PRESIDENT pro tempore laid before the Senate the amendment 

of the House of Representatives to the bill (S. 3127) amending an act 

entitled ''A.n act to constitute Lincoln, Nebr., a port of delivery, and 

to extend the provisions of the !let of June 10, 1880, entitled 'An act 

to amend the statutes in relation to immediate transportation of dntia.-

ble goods, and for other purposes,' to said port of Lincoln,'' which was 

in line 13, before the word ''hundred," to strike out "twelve" and 

insert '' nine.'' 

Mr. P A.DDOCK. I move that the Senate concur in the amendment. 

It is a reduction ot the salary of the officer provided for in the bill. 

The amendment was concurred in. 

Mr. CAl\IERON. I move that the Senate adjourn. 

The motion was agreed to, and (at 6 o'clock p. m.) the Senate adjourned until to-morrow, Tuesday, August 19, 1890, at 10 o'clock a. m. 

HOUSE OF REPRESENTATIVES. 

MONDAY, August 18, 1890. 

The House met at 12 o'clock m. Prayer by Rev. J. Il. CUTHBERT, 

D.D. 

The Journal of the proceedings of yesterday was read and approved. 

CUSTOMS DISTRICT, PC"GET SOUND. 

The SPEAKER. The pending question is on the adoption of the 

conference report presented on Saturday by the gentleman from Iowa 

[Mr. SWEXEY). 

Mr. SPRINGER. Mr. Speaker, the report has not been read thi!C 

morning. I think it bad better be read. 

The SPEAKER. It was read on Saturday and it is printed in the RECORD. 

Mr. BRECKINRIDGE, of Kentucky. Mr. Speaker, before the conference report is adopted I wish that the gentleman who has presented 

it would state what is the increase that this bill makes over the present 

annual expenditure in that collection district. · 

Mr. WILSON, of Washington .. If the gentleman from Iowa will 

permit me I will make a brief statement. 

Mi:. SWENEY. I yield to the gentleman from Wa.shi.ngton. 

Mr. WILSON, of Washington. The salary of the collector of Port 

Town end is $3,000 per annum, and has been for the la.st twenty-five 

years, and the Secretary of the Treasury recommended the increase to 

$4,000. That collector has no narnl officer and none of the other sub· 

ordinates that are found in the custom-houses on the Atlantic coast. 

The Secretary of the Treasury, as I say, recommended that the salary 

should be increased to $4,0UO, but the committee have cut it down to 

$3,500. It is also provided in the bill that there shall be two deputy 

collectors, one at Seattle, a place of 43,000 people, and the other at 

Tacoma, a place of 38,000, and these deputies are to receive a salary 

of $2, 000 each. 

Mr. BRECKINRIDGE, ofKentucky. Whatsalaryisnowbeingpaid 

there? 

Mr. WILSON, of Washington. They have no deputy collector now 

at eattle or Tacoma. They have inspectors who are paid trom $4 to 

$6 a day, but when these deputy collectors are appointed there will bo no longer need for the inspectors. 

Mr. BRECKINRIDGE, of Kentucky. I do not intend to oppose the 

passa'te of this bill~ but in the Forty-ninth and Fiftieth Congresses bills 

were introduced forthe purpose of reorganizing the customs-collection 

district.a all over the country, consolidating some of the districts and 

making a general readjustment of them all, and it struck me on Satu.rday afternoon, when the conference report was presented, that we had 

better be careful about creating new collection districts or increasing 

the expenditures in isolated districts, when really the whole matter 

needed to be carefully gone over, revised, and adjusted. 

Mr. WILSON, of Washington. This legislation is recommended by 

the Secretary of the Treasury and it is really necessary. The tonnage 

passing into Puget Sound in that way is now the third lar~est in the 

United States. The increase of commerce there and the development 

of commerce upon the Paci.fie Ocean and upon Puget Sound have made 

this change absolutely necessary. The Chinese tea trade is coming in 

there, and there is a great general development of commerce in that 

region. The Secretary of the Treasury, as I have said, has recommended this increase, only in a larger degree. Salaries in our region are always higher than they are east of the Rocky Mountains, because 

wages are higher and it takes more to secure the services of competent men. 

l\ir. BRECKINRIDGE, of Kentucky. Has there been any difficulty 

in finding a gentleman willing to sacrifice himsell' for the be11efit of the 

public sel'Vice at the old salary of $3,000? 

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