I 

I. 

7~2 CONGRESSIONAL RECORD-SENATE. JANUARY 30, 

Also, petition of druggists of Atlanta, Ga., for removal of duty on alcobolior medical purposes-to the Committee on Ways and Means. 

Also (by request), petition of John H. Hamrick, of Andrew J. Wells, 

and of James B. Morris, of Clayton County, and of Henry G. Andrews, 

of John South, and of A. B. Ford, of Henry County, Georgia, for .refer-

' ence of their claims to the Court of Claims-to the Committee on War 

Claims. 

By 1Jfr. TAULBEE: Petition for the relief of William P. Pattonto the Committee on Invalid Pensions. 

. By Mr. WASHINGTON: Petition and papers of Alexander Joseph, 

of Davidson County, Tennessee, for payment of war claim-to the Committee on War Claims. 

By Mr. WILKINSON: Petition of Henry Von Hofen, of Orleans Parish, Louisiana, for reference of his claim to the Court of Claims-to the 

Committee on War Claims. 

The following petitions for an increase of compensation of fourthclass postmasters were severally referred to the Committee on the PostOffice and Post-Roads: 

By Mr. C. L. ANDERSON: Of S. C. Carter and others, citizens of 

Ocobla, Neshoba County, Mississippi. . -

By Mr. J. A. ANDERSON: Of J. H. Grist and· 30 others, citizens of 

I wacura, Kans. 

By Mr. BACON: Of citizens of Bath, Richmond County, Georgia. 

By :Mr. COOPER: Of D. C. Baker and 87 others, of Knox County, 

Ohio. 

By 1\fr. GLASS: Of citizens of Fremont, Tenn. 

By Mr. HOOKER: Of citizens of Bridgeport, Miss. 

By ~Ir. M:cCLAMMY: Of citizens of Lanier, and of Swansborough, 

Onslow County, North Carolina. 

By ],fr. NEAL: Of citizens of Red Bank, county of Hamilton, Ten- nessee. By Mr. ~OGERS: Of citizens of Galloway, Pulaski C<>unty, Arkansas. By Mr. J. D. STEW ART: Of citizens of Sandy Ridge, Ga. 

· By 1J1r. YOST: Of citizens of Alleghany Station, Alleghany County, 

Virginia. 

SENATE. 

MoNDAY, Ja·nuary 30, 1888. 

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

The J oumal of the proceedings of Thursday last was read and appro'\"ed. 

EXECUTIVE COMMUNICATIONS. 

The PRESIDENT pro tempm·e laid before the Senate a communication 

from the Secretary of the Treasury, transmitting, in response to a resolution of January 23, 1888, information concerning the progress made 

in examining the claim of the State of Massachusetts for expenses paid 

and incurred at the request of the President and the Secretary of State 

during the war in protecting the harbors and strengthening the fortifications on the coast, stating, on the report of the Third Auditor, that 

the act ot June 27, 1882, section 4, required examination at the. earliest 

practical time of the claims of several States for the reimbursement of 

expenses incurred in Indian hostilities, etc., and the available force of 

the office has been employed in making such examination, which has 

suspended the invf!Stigation and settlement of the claim of the State 

of Massachusetts under the act of July 7, 1884, and further stating that 

unless an unforeseen contingency arises the claim will be taken up and 

adjusted during the present session of Congress, and in time for an appropriation, should a balance be found due; which was read. 

Mr. DAWES. The statute under which that inquiry was made was 

passed in 1884. It is to be regretted exceedingly that Congress has not 

furnished the Secretary of the Treasury with sufficient clericalforce to 

carry out the provisions of that act earlier. I have no disposition to 

criticise the Secretary. I am at this moment disposed to suggest that 

if he has not force enough it is the duty of Congress to furnish him 

with sufficient clerical force to discharge the duties which we impose 

upon him. 

I have no doubt of the Secretary's desire to carryout that statute at 

the earliest possible moment. I am glad to know that he feels that he 

is working his force fully. He has not asked for any increase that I 

know cif. If he had represented that he could not carry out existing 

law with his force on hand, I have no doubt that Congress would have 

furnished him with additional clerks. 

The PRESIDENT pro tempo're. What disposition shall be made of 

the communication and the acCompanying papers? 

Mr. DAWES. I move that they be referred to the Committee on Appropriations and printed. 

The motion was agreed to. 

The PRESIDENT pro tempo1·e laid before the Senate a communication from the Secretary of the Treasury, tra.n&mitting, in response to a resolution of January 17, 1888, certain information as to the per cent. 

~f money pa.id the States and Territories on ~e sales of public lands; 

which, with the accompany~g papers, was referred to the Committee on Public Lands, and ordered to be printed. 

He also laid before the Senate a communication from the Secretary 

of War, transmitting, inanswer to a resolution of January 27, 1887, the 

results of an investigation of the salmon fisheries in the Columbia River, 

in the State of Oregon and Washington Territory; which was read. 

The PRESIDENT pro tem,pore. The Chair would suggest, as the ac- companying report is voluminous and accompanied by a large number 

of photographs, evidently intended for engraving, which would probably involve considerable expense, that the communication and the 

accompanying report ha-d bette;r be referred, perhaps, to the Committee on Printing. 

Mr. DOLPH. I call the attention of my colleague [Mr. MITCHELL] 

to the fact that a letter has come in from the Secretary of War, transmitting his report and the report of the local engineers upon a resolution which I think was introduced by my colleague and reported from 

the Committee on Commerce by myself, in regard to fish-traps and obstructions in the Columbia River. I understand the report is very vo- luminous and accompanied with photographs and maps, and it is suggested by the President of the Senate that the papers should be referred 

to the Committee on Printing before an order to print is made. 

Mr. MITCHELL. I hope that will be done. I think it very advisable that the report should be printed. It is a very valuable report. 

The communication and the accompanying report were referred to 

the Committee on Printing. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of War, transmitting, in answer to a resolution 

of December 13, 1887, a report from the Adjutant-General regarding 

the military reservation of Fort Canby, Washington Territory; which, 

on motion of Mr. MITCHELL, was, with the accompanying papers, re- ferred to the Committee on Military Affairs, and ordered to be printed. 

He also laid before the Senate a communication from the Secretary 

of the Interior, transmitting, in response to a resolution of December 

20, 1887, certain information as to whether persons are being ejected 

at the instance of the Interior Department fromlandspurcbasedofthe 

Chippewa and Muncie Indians in Kansas, etc.; which, withtheaccompanying papers, was referred to the Committee on Indian Affairs, and 

ordered to be printed. 

• REPORT OF C01\:IMISSIONER OF PATENTS. 

The PRESIDENT pro tempore laid before the Senate a communication from the Commissioner of Patents, transmitting his annual report 

for the year 1887; which, with the accompanying report, was referred 

to the Committee on Patents, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pro tempore presented resolutions adopted by the 

National Board of Trade in favor of reciprocal trade relations between 

the United States and the Dominion of Canada; which weye Teferred 

to the Committee on Foreign Relations. 

He also presented a :resolution adopted by the Board of Trade of 

Wichita, Kans., favoring legislation to organize the Territory of Oklahoma; which was referred to the Committee on Indian Affairs. 

He also presented resolutions adopted by the mayor and city council 

of Topeka, Kans., in favor of the proposed world's exposition; which 

were referred to the SelectCommittee on the Centennial of the Constitution and the Discovery of America. 

He also -presented the petition of H. A. Thompson, of Shawnee 

County, Kansas, praying to be allowed compensation for losses incurred 

during the war of the rebellionj which was referred to the Committee on Claims. 

He also presented a petition of 123 citizens of the Fourth and Seventh Congressional districts of Kansas, and a petition of 228 citizens 

of the Second Congressional district of Kansas, praying for prohibition in the District of Columbia; which were referred to the Committee 

on the District of Columbia. 

He also presented resolutions adopted by the National Grange, Par 

trons of Husbandry, of Washington, D. C., in favor of the world's 

exposition in honor of the four hundredth anniversary of the discovery 

of America by Columbus ; which were referred to the Select Committee on the Centennial of the Constitution and Discovery of America. 

He also presented a petition of the trustees of the Young Women's 

Christian Home, of Washington, D. C.~ praying that an appropriation 

be made for the benefit of that institution; which was referred to the 

Committee on Appropriations. 

Ur. BUTLER presented the petition of Governor John P. Richardson and other citizens of South Carolina, praying that an appropriation be made for the improvement of the Congaree River; which was 

referred to the Committee on Commerce. 

1\Ir. TELLER presented the petition of David H. Moore and others, 

members of the facnlty of the Denver University, of Denver, Colo., 

praying for the enactment of an international copyright law; which was referred to the Committee on Patents. 

He also presented resolutions adopted by the Leadville (Colo.) Chamber of Commerce, protesting against the removal of the duty on lead 

and lead ores; which were referred to the Committee on Finance. 

He also presented a petition of the Grand Lodge of Good Templars of: 
1888. CONGRESSIONAL RECORD-SENATE. 783 

Colorado, officially signed, praying for a national prohibitory constitutional amendment; which wa.s referred to the Committee on Education 

and Ln.bor. · 

Mr. VEST. I am in receipt of a communication from the National 

Temperance Society Publication House, of New York, sending me a petition of citizens of the Twelfth Congressional district of Missouri, 

praying for the prohibition of the alcoholic liquor traffic in this District. 

I present these papers and ·move their reference to the Committee on 

the District of Columbia. 

The motion was agreed to. Mr. VEST presented resolutions adopted by tbe Merchants' Exchange 

of St. Louis, Mo., favoring the inter-American and inter-republic celebration in honor of the four hundredth anniversary of the discovery of 

America; which were referred to the Select Committee on the Centennial of the Constitution and the Discovery of America. 

He also presented resolutions adopted by the Cigar-Makers' Union, 

No. 44, of St. Louis, Mo., remonstrating against any ir1terference with 

the internal-revenue tax on cigars; which were referred to the Committee on Finance. 

He also presented two petitions of citizens of M uscogee, in the Intlian 

Territory, praying for the establishment of a United States court at 

that place; which were referred to the Committee on the Judiciary. 

Mr. SAWYER presented a petition of 110 citizens of the First, Second, Seventh, and Ninth Congressional districts of Wisconsin, praying 

for prohibition in the District of Columbia; which was referred to the 

Committee on the District of. Columbia. 

Ml'. FARWELL presented a resolution adopted by the Board of 

Trade of Chicago, Ill., favoring the creation and adoption of a nav~ 

reserve; which was referred to the Committee on Naval Affairs. 

He also presented a petition adopted by a committee of Grand Army 

posts of the city of Chicago, praying for the passage of the bill donating the use of Dearborn Park for a soldiers' memorial building and 1or 

the Chicago public library. . 

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

Committee. on Public Buildings and Grounds. 

Mr. PLUMB. The bill to which the petition 1·efers is at present 

pending before the Committee on Public Lauds. 

The PRESIDENT p1'o temp01·e. Then the petition will be referred 

to the Committee on Public Lands. 

Mr. FARWELL presented a petition of 159 citizens of the Eleventh 

Congressional district of Dlinois, pray_ing for prohibition in the District 

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

Columbia. 

He also presented a petition of the Gmnd Lodge of Good Templars 

of Illinois, officially signed, representing 10,000 members, praying for 

the appointment of a national commission of inquiry concerning the 

alcoholic liquor traffic; which was referred to the Committee on Euu- cation and Labor. 

He also presented a resolution adopted by the Patrons of Husbandry 

State Grange of Illinois, favoring certain amendments to the postal 

laws; which was referred to the Committee on Education and Labor. 

Mr. HOAR presented the petition of Charles 0. Doe, G. W. P., and 

Charles E. Dennett, G. S., in behalf of the Sons of Temperance of 

:Ma&'\U.chusetts, praying for the appointment of a national board of inquiry into the alcoholic liquor traffic; which wa.s referred to the Com- mittee on Education and Labor. 

He also presented the petition of Jerome :Marble & Co., J . C. White, 

George H. Clark & Co., George S. Dixon, and other eminent merchants 

of Massachusetts, indorsing the petition of the Paint and Oil Club of 

New England, praying for the abolition of the special license tax on 

pure alcohol; which was referred to the Committee on Finance. 

-He also presented a memorial of the National Board of Trade, signed 

by Fred. Fraley, president, and Hamilton A. Hill, secretary, praying 

for th~ calling of an international conference to consider and report 

rules and regulations that may add to ·the safety of life and property 

on the high seas; which wa.s referred to the Committee on Commerce. 

11Ir. PLA.TT presented a petition of 145 citizens of the District of 

Columbia, and a petition of 178 citizens of the District of Columbia, 

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

~Ir. PAYNE presented a petition of clerks in the United States post- office at Toledo, Ohio, praying to be allowed increased compensation· 

which was referred to the Committee on Post-Offices and Post-Roads: 

He also presented a petition of the members of the faculty of Buchtel 

College, at Akron, Ohio, praying for the enactment of an international 

copyright law; which was referred to the Committe~ on Patents. 

Mr. DOLPH presented a petition of the Legislative Assembly of the 

Terri tory of Washington, praying for the removal of obstructions from 

the Upper Columbia River; which was referred to the Comriuttee on Commerce. · . 

:l'.Ir. PL U111B presented a petition of the faculty of the State U ni versity of Kansas, located at Lawrence, in that State, favoring the passaO'e 

of an international copyright law; which was referred to the Commft- . tee on Patents. 

He also ·presented a petition of citizens of Kansas, praying for the 

passage of t he bill now pending t o provide for th e extirpation of con-

. -· 

tagious pleuro-pneumonia and other cattle diseases; which was referred 

to the Committee on Agriculture and Forestry. 

He alsopresentedamemorialofmembersofCadmus Grange, No. 350, 

Patrons of Husbandry, remonstrating against any amendment or the 

repeal of the oleomargarine law; which was referred to the Committee 

on Agriculture and Forestry. He also presented a petition of 172 citizens of the Fifth Congressional 

district of Kansas, praying for prohibition in the District of Columbia; which was referred to the Committee on the District of Columbia. 

He also presented the petition of H. A. Thompson, of Shawnee Conn ty, 

Kansas, praying to be granted certain relief on account of the operations of the Union Army in the year 1864; which was r eferred to the 

Committee on Claims. 

Mr. BLAIR. I present the petition of the faculty of Dartmouth 

College, at H~nover, N. H., in which they represent that, believing 

that both justice and expediency demand fuller security for literary 

property, they petition Congress for the speedy enactment of an international copyright law. I move that the petition be referred to the 

Committee on Patents. 

The motion was agreed to. 

M1·. BLAIR presented a petition of the Woman's Christian Temperance Union, of Utah, representing 150 members, and a petition of 

the Grand Lodge of Good Templars, of Colorado, praying for a national 

prohibitory constitutional amendment; whi&h were referred to the Committee on Education and Labor. 

Mr. JONES, of Arkansas, presented a petition of members of the 

faculty of the Arkansas Industrial University, at Fayetteville, Ark., 

praying for the enactment of au international copyright law; which 

was referred to the Committee on Patents. 

He also presented a petition of the faculty of the Arkansas Industrial 

University, and a petition si.gued by Governor John C. Branner and other 

citizens of Little Rock, Ark., praying for the removal of the duty on 

books printed in foreign L'\.nguages; which were referred to the Committee on Finance. 

He also presented a petition of citizens of Holly Springs, Ark., praying that increased compensation be allowed fourth-class postmasters; 

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

1\Ir. DAWES presented a petition of the Sons of Temperance of Uassachusett_s, officia1ly signed, praying for the passage of a national prohibitory constitutional amendment; which was referred to the Committee on Education and Labor. 

He also presented a petition of the Paint and Oil Club of New England, praying for the abolition of the special license tax on the sellers 

of pure alcohol; which was referred to the Committee on Finance. 

Mr. CULLOM presented the petition of J . W. Parish & Co., praying 

for certain relief in regard to their contract with the G0ve:rnment for furnishing ice to hospitals; which was referred to the Committee on Claims. 

He also presented a petition of members of the faculty of Northwestern College, at Naperville, TIL, praying for the enactment of an 

international copyright law; which was referred to the Committee on 

Patents. 

He also presented resolutions adopted by High Prairie Grange, No. 

1481, Patrons of Husbandry, at Smithton, ill., urging reduced postii.ge . on seeds, bulbs, etc., the issue of fractional currency for use in the 

mails, the abolition of postal-notes, the issue of money-orders for $5 

or less for 3 cents, and removal of tariff from all articles for sale of 

which a trust has been or may be formed; which were referred to the 

Committee on Post-Offices and Post-Roads. 

He also presented resolutions adopted bythedirectors of the Chicago 

(Ill.) Board of Trade, indorsing the recommendation of the Secretary 

of the Navy for the creation of a naval reserve; which were referred to 

the Committee on Naval Affairs. 

He also presented a petition of Hazel Dell Grange, Patrons of Husbandry, of Coles County, illinois, praying for reduction of postage on 

seeds, plants, etc., the issue offractional currency, abolition of postalnotes, issue of money-orders for $5 or less for a fee of 3 cents, that 

the oleomargarine law be not repealed, that the interstate-commerce 

bill be enforced, that the patent laws be revised, that United Sta~ 

Senators be elected by a direct vote of the people, that duties on raw 

materials shall not be reduced, and that existing duties on manufactured 

goods be maintained, etc.; which was referred to the Committee on 

Finance. 

Ur. PAD DOCK presented a petition of the Farmers' Alliance of the 

State of Nebraska, praying that certain changes be made in the fiscal 

policy of the Government; which was referred to the Committee on 

Finance. 

He also presented a petition of members of the Society of Friends in 

conference at Richmond, Ind., in favor of international arbitration; 

which was referred to the Committee on Foreign Relations. 

Mr. STOCKBRIDGE presented a, resolution of th~ Detroit (Mich.) 

Board of Trade, favoring the formation of a naval reserve corps upon 

the northern lakes; which was referred to the Committee on Naval 

Affairs . Mr. SABIN presented a petition of the Duluth (Minn.) Board of 

Trade, praying for the formulation of measures for lessening the dangers 

of navigation; which was referred to the Committee on Commerce . 
784 CONGRESSIONAL RECORD-SENA'I'E. JANUARY 30, 

He also presented a resolution of the Chamber of Commerce of Duluth, Minn., indorsing the report of the Vessel-Owners' Association of 

Cleveland, Ohio, favoring the enactment of certain measures for the 

greater safety of navigation upon the lakes; whicr \vas referred to the 

Committee on Commerce. · 

He also presented resolutions of the Minnesota State Dairy Association, favoring an amendment to the law controlling the production 

and sale of oleomargarine and butterine; which were referred to the 

Committee on Agriculture and Forestry. 

He also presented a petition of the Grand Division of Sons of Temperance in the State -of Minnesota, officially signed, praying for the 

passage of a national prohibitory constitutional amendment; which 

was referred to the Committee on Education and Labor. 1 

He also presented a petition of the Grand Division of the Sons of 

Temperance in the State of Minnesota, praying for the appointment of a national commission of inquiry into the alcoholic liquor traffic; which was referred to the Committee on Education and Labor. 

He also presented resolutions adopted by the Ortonville (Minn.) Board 

of Trade, praying for the appropriation of $20,000 for the purpose of 

diking and dredging Big Stone Lake, in that State; which were referred 

to the Committee on Commerce. 

Mr. SPOONER presented resolutions adopted by Pomona Grange! of 

Rock County, Wisconsin, remonstrating against the repeal or amendment in any manner to injure or destroy the efficiency of the interstate- - commerce law; which were referred to the Committee on Interstate 

Commerce. 

He n.lso presented resolutions of the board of managers of the La.ke 

Carriers' Associatien of Buffalo, N. Y., and resolutions of the Chamber of Commerce of Milwaukee, Wis., approving the establishment of a naval reserve; which were referred to the Committ-ee on Naval Affairs. 

He also presented resolutions adopted by the Lake Carriers' Association of Buffalo, N. Y., urging upon Congress the desirability of continuing and completing, by sufficient appropriations, the improvement - of the harbor of Grand Marais, on Lake Superior, as a .harbor of refuge; 

which were referred to the Committee on Commerce. 

He also presented a petition of the members of the faculty of Beloit 

College, at Beloit, Wis., praying for the enactment of an international 

copyright Jaw; which was referred to the Committee on Pate_nts. 

Mr. EVARTS presented a petition of 241 citizens of the Thirty-first, 

Twenty-fourth, Twenty-third, and Sixteenth Congressional districts of 

New York, praying for prohibition in the District of Columbia;. which was referred to the Committee on the District of Columbia. 

Mr. QUAY presented a petition of 160 citizens of the Seventh, Fourteenth, Twenty-fourth, Twenty-fifth, and Twenty-sixth Congressional 

districts of Pennsylvania, and a petition of 97 citizens of the Twentyfifth district of Pennsylvania, praying for prohibition in the District of 

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

He also presented a memorial of citizens of the Eighteenth Congressional district of Pennsylvania, remonstrating against the admission of 

Utah as a State with polygamy; which was referred to the Committee 

on Territories. 

Mr. HISCOCK presented the petition of Delia Duphna, praying to be 

allowed a pension; which was referred to the Committee on Pensions. 

He also presented a petition of 216 citizens of the Seventh, Ninth, 

Nineteenth, Twenty-ninth, Fifte.entb., and Thirty-fifth Congressional 

dL<>tricts of New York, and a petition of 141 citizens of the Thirtieth 

and Thirty-third Congressional districts of New York, praying for prohibition in the District of Columbia; which were referred to the Committee on the District of Columbia. 

Mr. MANDERSON. I present a petition, numeronslr signed by 

citizens and ex-soldiers of Indiana, praying for the repeal of the lim--

itatiop. in the arrears-of~pension act. I move that the petition be re- ferred to the Committee on Pensions. 

The motion was agreed to. 

Mr. SHERMAN presented a petition of members of the faculty of 

the Ohio State University, at Columbus, Ohio, praying for the passage 

of an international copyright law; which was referred to the Committee on Patents. 

He also presented a memorial of the National Guard Association of 

Ohio, in favor of an increase in the annual appropriation for the militia 

of the United States to $1,000,000; which was referred to the Committee on Military Affairs. 

He also presented a petition of ex-Union soldiers and citizens of Mer- cer County, Ohio, in favor of the pa-ssage of a service-pension bill; which was referred to the Committee on Pensions. 

Mr. VOORHEES presented a petition of citizens of St. Joseph County, 

Indiana, praying for national aid to common schools; which was ordered 

to lie on the table. 

Mr. BECK presented a petition of colored citizens of Mercer County, 

Kentucky, praying to be allowed compensation for services rendered the 

United States during the war; which was referred to the Committee on Claims. 

Mr. CAMERON presented a petition of177 citizens of the Twentieth, 

Sixteenth, and Twenty-fifth Congressional districts of Pennsylvania, - praying for prohibition in the District of Columbia; which was referred 

to t;Jle Committee on the District of Columbia. 

He also presented the -petition of James Jackson Purman, late first 

lieutenant Company A, One hundred and fortieth Pennsylvania Volunteer Infantry, praying to be allowed an increase of pension; which was referred to the Committee on Pensions. 

Mr. HALE presented the petition of Calvin Roarback, of Boyertown, 

Pa., prayingforcertainlegislation touching the tax upon tobacco; which was referred to the Committee on Finance. 

Mr. GEORGE presented a petition of citizens of Livingston, Miss., 

praying for an increase in the compensation of fourth-class postmasters; 

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

REPORTS OF COMMITTEES. 

Mr. COCKRELL, from the Committee on Public Lands, to whom was referred the bill (S. 245) to investigate the issue of fraudulent land war- rants, and to protect soldiers and sailors of the United States from loss 

therefrom, submitted an adverse report thereon, a.Iid moved its indefinite 

postponement. 

Mr. CALL. I ask that the bill be placed on the Calendar. 

The PRESIDENT pro tem,pore. The bill will be placed on the Calendar, with the adverse report of the committee. 

Mr. PLUMB. The Committee on Public Lands instruct me to re- port back adversely the bill (S. 232) for the forfeiture of the land granted 

to the State of Florida for the construction of certain lines of railroad 

in that State, and to move its indefinite postponement, and in place. of 

it to report an· original bill as a substitute. 

Mr. CALL. I ask thn.t the bill adversely reported be placed on the 

Calendar. 

The PRESIDENT pro tempore. The bill will be placed on the Calendar, with the adverse report of the committ-ee. 

Mr. PLUMB, from the Committee on Public Lands, reported a bill 

(S. 1708) to provide for the judicial determination of the rights of the 

United States in lands granted to the State of Florida for the purpose 

of aiding in the construction of railroads under an act of Congress approved May 17, 1856, and for other purposes; which was read twice by 

its title. 

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

(S. 196) to cancel certain reservations oflands, on account oflive-oak, 

iu the southw:estern land district of the State of Louisiana, reported it 

without amendment. 

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

(S. 747) granting aid in the construction of a railroad from the town of 

Titusville;· Brevard County, Florida, to the Bight of Canaveral, with a 

branch to Banana River, in said State, reported adversely thereon. 

Mr. PASCO. I ask that the bill be placed on the Calendar. , The PRESIDENT p1·o tempore. The bill will be placed on the Calendar with the adverse report of the committee. 

Jlfr. PLUMB. From the Committee on Public Lands I report adversely the bill (S. 1469) for the relief of the settlers upon the lands 

along the Des Moines River, above the Raccoon Forks, in the State of 

Iowa. ' 

I will say .about this bill that it is only the alternative expression of 

the committee, the committee having already dealt with another phase 

of the question, which has been considered by the Senate. The time 

may come when the committee may feel favorably disposed to the bill 

which they now report adversely, but they desire that it may go on the Calendar to meet the views of the Senator from New York (.Mr. 

EVARTS], who wished to have it considered by the Senate in connection 

with the bill which the committee have heretofore reported on the same 

subject. 

, The PRESIDENT pro tempore. The bill will be placed on the Calendar with the adverse report of the committee. 

Mr. TELLER, from the Committee on Public Lands, to whom was referred the bill (S. 761) to amend section 11 of an act entitled ''.An act 

to enable the people of Colorado to form a State constitution and State 

government, for the admission of the said State into the Union on an 

equal footing with the original States," reported it without amendment. · 

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

957) to establish a public park at Pagosa Springs, in the State of Colorado, reported it with amendments. 

Mr. PASCO, ft:om the Committee on Public Buildings and Grounds, 

to whom was referred the bill (S. 217) to change the limit of n.ppropriation for the public building at Jacksonville, Fla., reported it with 

amendments. 

Mr. FAULKNER, from the Committee on Claims, to whom was re- ferred the bill (Il. R. 4911) to carry o~t the findings of the Court of 

Claims in the case of James H. Ayres, reported it without amendJll:ent, 

and submitted a report thereon. 

Mr. DOLPH, from t,he Committee on Public Lands, to whom was referred the bill (S. 1707) to provide for the issue of patents to certain 

persons for donation claims under the act approved September 27, 1850, 

commonly known as the donation law, reported a bill (S. 1709) to provide for the issue of patents to certain persons for donation claims un- der the act approved September 27: 1850, commonly known as the donation law; wliich was read twice by its title. 

Mr. PADDOCK, from the Committee on Public Lands, to whom was 

referred the bill (S. 1080) to extend the laws of the United States over 
1888. CONGRESSIONAL RECORD- SENATE. 

certain unorganized territory south of the State of Kansas, reported it to report back the letter of the Public Printer transmitting his annual 

with amendments. report for the fiscal year ending June 30, 1887, and to ask that the usual 

Mr. HOAR. I am directed by the COmmittee on Privileges and number be ordered printed- no extra copies. 

Elections to report back favorably, with an amendment, the joint reso- The PRESIDENT pro temp01·e. It will be so ordered, if there be no lut·ion (S. R. 13) proposing an amendment to the Constitution of the objection . . 

United States. POWELL'S REPORT ON ALASKA. 

I shall ask the Senate to-morrow morning to take up the joint reso- Mr. ¥ANDERSON, from the Committee on Printip.g, to whom was lu~ion and deal with it. It has passed the Senate once without objec- referr a the following resolution, reported it without amendment, and 

soon as possible, in order that, if that body concur, it may be sub- esoh:ed, T.bat the report of Major Powell to the Secretary of the Interior in I

n, I think, and it is quite desirable that it shall go to the other House it considered by unanimous conseut, and agreed to: 

itted to the States at an early day. lation to Senate bill No. 1907, Forty-ninth Congress," to .facilitate the settleTh PRESIDENT t Th · · t 1 t" ·n b 1 d ent and develop the resources of the Territory of Alaska, and to open an over- e pro empore. e JOm reso U lOU WI e P ace land commercial route between the United States, Asiatic Russia, and .Japan," 

n the Calendar. be printed for the use of the Senate. 

Mr. HOAR, from the Committee on Privileges and Election 1 EULOGIES ON THE J ... ATE SENATOR LOGAN. 

whom was referred the bill (S. 1516) to provide for inquests under na.. Mr. MANDERSON. I am directed by the Committee on Printing 

tional authority, asked to be discharged from its further consideration, to report back with amendments the bill (S. 191) to make additional 

and that it be referred to the Committee on the Judiciary; which was appropriation for the printing of tP,e eulogies delivered in Congress on 

agreed to. the late John A. Logan, and I as~ for its present consideration. 

Mr. HARRIS, from the Committee on the District of Columbia, to By unanimous consent, the Senate, as in Committee of the Whole, 

whom was referred the bill (S. 1054) to incorporate the Rock Creek proceeded to consider the bill. 

RailwayCompanyoftheDistrict of Columbia, reported it with amend- The amendments of the Committee on' Printing were, in line 3, after 

ments. the word "dollars," to insert the words "or as much thereof as may 

Mr. MANDERSON, from the Committee on Military Affairs, to whom be necessary;" and in line 4, after the word ''moneys," to insert the was referred the bill (S. ·186) to amend section 1225 of the Revised words "in the Treasury of the United States~" so as to make the bill 

Statutes, relating to details of Army officers to educational institutions, read: , 

etc., reported it with amendments. Be it enacted, etc., That the sum of $450, or as much thereof as may be neces· 

1\Ir. DAVIS. I am directed by the Committ.ee on Military Affairs, sary, be, and the same is hereby, appropriated, out qf any moneys in the Treasto whom was referred the bill (S. 1164) to amend section 1225 of the ury of the United States not otherwise appropriated, for thepurposeofprinting 

Revised Statutes, concerning detail of Army officers to educational in- portraits for additional copies of the eulogies delivered in the Congress of the United States upon the late John A. Logan, said portraits to be printed in ac- sti tutions, etc;, to report it adversely; and I move its indefinite post- cm·dance with "An act to authorize the printing of the eulogies delivered in Conponement, an equivalent bill having been recommended by the com- gress upon the late .John A. Logan," approved March 3, 1887. · 

mit.tee. The amendments were agreed to. 

The motion was agreed to. The bill was reported to the Senate as amended, and the amendments 

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

the bill (S. 1696) for Lhe relief of Lewis J. Cundiff, asked to be dis- The bill was ordered to be engrossed for a third reading, read the third 

charged from its further consideration, and that it be referred to the time, and passed. · Co_mmittee on Claims; which was agreed to. VISITORS TO WEST POINT ~HLITARY ACADEMY. 

Mr. WILSON, of Iowa, from the Committee on the Judiciary, to Mr. 11IANDERSON, from the Committee on Printing, to whom was 

whom was referred the bill (S. 239) confirming titles to certain lands referred the following resolution, reported it without amendment, and · in Columbia County, ""State of Florida, asked to be discharged from its it was considered by unanimous consent, and agreed to: 

further consideration, and that it be referred to the Committee on Resolved, That 2,500 additional copies of the annual report of the Board of 

Public Lands; which was agreed to. Visitors to the United States Military Academy for the year 1887 be printed and 

Mr. REAGAN, from the Committee on Post-Offices and Post-Roads, ~~~~~ei~ltfeeS~=~~!·~e~~P~~st~~~V:~a~~~ of the Senate, and 500 copies for 

to whom was referred the bill (H. R:" 2974) for the relief of John ·INTERSTATE COMMERCE COMJ'riiSSION REPORT. Snoddy, reported it without amendment, and submitted a report thereon. :M:r. MANDERSON, from the Committee on Printing, to whom· was 

Mr. STANFORD, from the Committee on ~ublic Buildings and referred the following concurrent resolution, reported it without amendGrounds, to whom was referred the bill (S. 182) to provide for the pur- ment, and it was considered by unanimous fonsent, and agreed to: 

chase of a site and the erection of a public building thereon at Omaha, Resolved by the Senate (the House of Representdtives concu1'ring therein), That there 

be printed 20,000 copies of the first annual report of the Interstate Commerce Nebr., reported it with amendments. Commission, with the a-ppendices thereto, of which 5,000 copies shall be for the 

He also, from the same committee, to whom was referred the bill (S. use of the Senate, 10,000 copies for the use of the House of Representatives, and 

20) to provide for the construction of a public building at Portland, 5,000 copies for the use of the commission. 

Oregon, reported it without amendment. REDUCTION OF POSTAGE RATES. 

He also, from the same committee, to whom was referred the bill (S. Mr. SAWYER. From the Committee on Post-Offices a,nd Post-Roads 

601) for the extension and repair of the public building at Newark, N. I report back adversely the following resolution, with the recommenJ., reported it with an amendment. c dation that the committee be discharged from its further consideration, 

Mr. SAWYER, from the Committee on Post-Offices and Post-Roads, and that it be indefinitely postponed: 

to whom was referred the bill (S. 1627) to amend section 25 of the act Resolved, That the Committee on Post-Offices and Post-Roads be, and it is 

of March 3, 1879, entitled ''An act making appropriations for the service ~~~e~~~i~~c~rr !>a~r~~~~e~n~~!h~:~~~a!i~;~~J~::~chtc\ t:~e~a~~to~~~~;'dgi of the Post-Office Depart.J?lent for the fiscal year ending .T nne 30, 1880, ounce in weight, and a. proportionate 1·eduetion on all excess of 1 ounce, andreand for other purpo~es," reported it without amendment. port to the Senate by bill o1· otherwise as soon as practicable, 

ANDREW J. LINDSAY. Mr. BECK. I suppose the committee have a good reason for that 

Mr. VEST. I am instructed by the Committee on the Judiciary, to recommendation; but I should like to have the resolution pla.ced on 

whom was referred the bill (S. 455) for the relief of Andrew J. Lindsay, the Calendar so as to call it up and see what reason they have, for their 

to report it without amendment, and I ask for its consideration. It is a adverse report. bill removing political disabilities, containing only five lines. The PRESIDENT p1·o tempore. The resolution will be placed on the 

By unanimous consent, the Senate, as in Committee of the Whole, Calendar with the adverse report of the committee. 

proceeded to consider the bill. · . Mr. BECK. I should like to ask the chairmanofthe·Committee on 

The hill was reported to the Senate without amendment, ordered to Post-Offices and Post-Roads whether the committee have made anyrebeengrossed for a third reading, read the third time, and passed (two- port as to the reasons why they desireadverseactionon the resolution. 

thirds of the Senators present voting in the affirmative). Mr. SAWYER. No; but we dQ not think it is prudent at the present time to attempt to reduce the rate of letter postage. PRINTING OF PENSION BILL. 

Mr. MANDERSON. From the Committee on Printing, I report 

back the motion to print 1,000 copies of the bill (S. 181) granting pensions to ex-soldiers and sailors who are incapacitated for the performance . of manual labor, and providing for pensions to dependent relatives of 

deceased soldiers and sailors, as amended by the report of the Committee on Pensions, and I ask that the printing of 1,000 copies be or- de.red by the Senate. The cost will be trifling. 

The PRESIDENT pro tempore. Will the Senate agree to the motion 

to print 1, 000 extra copies of the bill? . · The moii:on was agreed to. 

ANNUAL REPORT OF PUBLIC PRINTER. 

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

XIX- 50 

Mr. BECK. There is no report accompanying the resolution. 

Mr. SAWYER. No, sir; ·we have made no written report to accom- pany it. When the Post-Office Department is running behind we thought we ought to wait until such time as it was self-sustaining before we attempt to reduce the rate of postage further. 

Mr. HOAR. I desire t9 put upon record at this time my belief that 

it is the duty of the Government and the interest of the people that 

postage on letters through the entire country should be reduced to 1 

cent. I believe that very rapidly the Post-Office would become selfsustaining at that rate, and that the indirect benefit to the people by 

binding the country closer together and facilitating intercourse between different parts would, even if that were not true, compensate us for all the deficit which would be caused, even if the deficit which was occasioned at first should continue. 

L 

I 
786 CONGRESSIONAL RECORD-SENATE, J.ANU.ABY 30, 

Mr. BECK. The recommendation of the committee was to indefinitely postpone the resolution, but it has been placed on the Calendar, 

has it not? 

The PRESIDENT pro tempore. The resolution, with theadverse re- port of the committee, has been placed on the Calendar. 

Mr. BECK. I only wanted to say in addition to what the Senator 

from Massachusetts has said, if I may be allowed, that if the Committee on Post-Offices and Post-Roads think this Government can afford 

to carry, at 1 cent an ounce, bonnets and harness and merchandise all over the country, it might be able to carry the letters of the people at 

the same rate. · Mr. PLATT. I wish to put on record my dissent to the proposition 

that the rate of postage ought to be considered with reference to the 

question as to whether the Post-Office is self-supporting or not. I believe that the people of this country desire the best service and the 

cheapest service possible, and I do not' think they insist upon it that 

the Post-Office Department shall be self-supporting. 

1\Ir. SAULSBURY. I desire to say, as a. member of the Committee on Post-Offices and Post-Roads, that when the subject came up in the 

committee we were not prepared to advise a reduction of postage on 

letters, because we knew that it would involve a very considerable 

amount of money to be appropriated by Congress to sustain the PostOffice Department. That was the judgment of the committee, and I 

believe it to be a correct judgment. I do not believe that, simply be- cause we have a surplus in the Treasury, we ought to be devising ways 

and means to dispose of that surplus improperly. We ought to reduce 

the taxes of the people rather than to waste the accumulated snm in the 

Treasury, for all these schemes to t.."Lke money out of the Treasury furnish an argument, and a strong argument, to the men who are opposed 

to a reduction of tariff duties why the tariff should not be reduced. I am opposed myself to any depletion of the Treasury upon any of these 

schemes until we have the taxes of the people reduced. 

Mr. BECK. Ur. President, I introduced the resolution, and it was not a scheme, nor is it intended merely to deplete the Treasury. The 

United States are carrying to-day the newspapers of the country for a 

cent a pound; they are carrying all other publications at the rate of 4 ounces for a cent. They are carrying merchandise in 4-p<:>und packages, no matter what it is-as I said, such as part.s of harness. There are houses in New York to-day which are making fortunes by putting 

up 4-pound packages of merchandise to be carried at a cent an ounce all over the United States. And why the letters which go from one 

person to another can not be carried at the same rate at which merchandise is carried I am not able to say. 

But I rose only to have the resolution put on the Calendar, and! think we can show a good reason why a rate of 1 cent on letters should be 

adopted. 

The PRESIDENT JJro tempore. The resolution goes on the Calendar. 

BILLS INTRODUCED. 

Mr. SHERMAN introduced a bill (S. 1710) granting a pension to 

George W. Rager; which was read twice by its title, and referred to 

the Committee on Pensions. 

He also introduced a bill (S. 1711) to close the account of Franklin 

w. McCauley; which was read twice by its title, and, with the llccom· 

panying papers, referred to the Committee on Military Affairs. 

Mr. VANCE introduced a bill (S. 1712) for the relief of G. M. Woodruff; which was read twice by its title, and referred to the Committee 

on Claims. 

He also introduced a bill (S. 1713) to refer the claims of the Eastern 

and Western Bands of the Cherokee Indians to the Court of Claims for 

investigation and final judgment; which was read twice by its title, 

and referred to the Committee on Indian Affairs. 

Mr. DAWES (by request) introduced a bill (S. 1714) to amend the 

charter of the Metropolitan Railroad Company; which was read twice 

by its title, and referred to the Committee on the District of Columbia. 

Mr. KENNA introduced a bill (S. 1715) for the relief of the sureties 

of Dennis Murphy; which was read twice by its title, and, with the 

accompanying papers, referred to the Committee on Claims. 

Mr. SAWYER introduced a bill (S. 1716) granting a pension to Mary 

L. Williams; which was read twice by its title, and referred to the 

Committee on Pensions. · He also introduced a bill (S. 1717) granting a pension to Emma Von 

Bernewitz; which was read twice by its title, and referred to the Committee on Pensions. 1 

.Mr. CULLOM introduced a bill (S. 1718) to provide for the construction of the Illinois and Mississippi River Canal; which was r~d twice 

by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1719) granting a pension to Levi B. 

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

' 1\Ir. CALL introduced a bill (S. 1720) making an appropriation for 

the improvement of Gilbert's Bar, Florida; which was read twice by its 

title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1721) establishing a customs collection 

district in Florida, to be known as the collection district of Tampa., and 

for other purposes; which was read twice by its title, and referred to 

the Committee on Commerce. 

, I 

1\Ir. BERRY introduced a. bill (S.'1722) to grant a pension to George 

Funk; which was read twice by its title, and, with .the aecompanying 

paper, referred to the Committee on Pensions. 

Mr. PASCO introduced a bill (S. 1723) providing for the completion 

of the public building in the city of Pensacola, Fla., as originally designed; which was read twice by its title, and referred to the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1724) making an appropriation for the 

construction of a macadamized road to the national cemetery, near Pensacola, Fla.; which was read twice by its title, and referred to the 

Committee on Military Affairs. 

1\Ir. FAULKNER introduced a bill (8.1725) fortbereliefofthelegal 

representatives of Lewis W. Washington, deceased; which was read 

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

1\Ir. INGALLS (Ur. PL.A.Tr in the chair} introduced a bill (S. 1726) 

to provide for the erection of a public building for the use of the postoffice and Government offices in the city of Atchison, Kans.; which was read twice by its title, and referred to the Committee on Public 

Buildings and Grounds. 

He also introduced a bill (S. 1727) to grant to the trustees of the 

German Lutheran Trinity congregation of Washington, D. C., the dght 

to sell a portion of their cemetery lands; which was read twice by its 

title, and referred t-o the Committee on the District -of Columbia. 

He also introduced a bill (S. 1728) to incorporate the Washington 

and Suitland Street Railway Company of the District of Columbia; 

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

District of Columbia. 

He also introduced a bill (8. 172.9) to provide fur the fencing of 

vacant building lots in the city of Washington, D. C., and for other 

purposes; which was read twice by its title, and referred to the Committee on the District of Columbia. 

He also introduced a bill (S. 1730) to grant to the trustees of the 

German Lutheran Trinity congregation, of Washington, D. C., the 

right to sell a portion of their cemetery l:mds; which was read twice 

by its title, and referred t-o the Committee on the District of Columbia. 

•He also introduced a bill (S. 1731) to incorporate the Washington 

a.nd Suitland Sh·eet Railroad Company of the District of Columbia; which was read twice by its tit.le, and referred to the Committee on the 

District of Columbia. 

He also introduced abill (8.1732) forthereliefofH. P. Wells; which was read twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1733) establishing tbe fees and expenses 

of examining surgeons; which was read twice by its title, and referred 

to the Committee on Pensions:' 

He a1so introduced a bill (S. 1734) to increase the rate of pension for 

the loss ofaneye1 or the sight thereof; which was read twice by its title, 

and referred to the Committee on Pensions. 

He also introduced a bill (S. 1735) granting a pension for service in 

the Army and Navy of the United Sta,tes, etc.; which was read twice 

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

He also introduced a bill (S. 1736) for the relief of John W. Bene- dict; which was read. twice by its title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1737) granting a pension to Theodore 

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

He also introduced a bill (S. 1738) to increase the pension for the loss 

of a leg or an arm, and for other purposes; which was read twice by 

its title, and referred to the Committee on Pensions. 

He ~o introduced a bill (S. 1739) for increase of pension to Ephraim 

Owings; which was read twice by its title, and, with the accomp::mying papers, referred to the Committee on Pensions: 

He also introduced a bill (S. 1740) to amend section 3 of an act entitled "An act to .:regulate commerce," approved February 4, 1887; 

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

1\Ir. FARWELL introduced a bill (S. 1741) granting a pension to 

Patrick Flaherty; which was read twice by its title, and, with the ac- companying paper, referred to the Committee on Pensions. 

Mr. PLUMB introduced a bill (S. 1742) granting a pension toW. A. 

Hicks; which was read twice by its title, and, with the accompanying 

paper, referred to the Committee on Pensions. 

He also introduced a bill (S. 1743) granting a pension to Zephaniah 

H. Bones; which was read. twice by its title, and, with the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S.1744) granting a pension to William M. 

Davis; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on Pensions. • 

He also introduced a bill (S. 1745) granting a pension to J. J. Lemaster; which was read twice by its title, and referred to the Committee on Pensions. 

He also introduced a l;>ill {S. 1746) granting an increase of pension to 

.John Wilson; which was read twice by ita title, and referred to the 

Committee on Pensions. . ' 

He also introduced a bill (S. 1747) to authorize the sale of a t.ract of 

land in the military reservation at -Fort Leavenworth., in the State C!f 
1888. , CONGRESSIONAL RECORD-SENATE. 787 

Kansas; which was read twice by its title, and referred to the-Committee on Military AffairS. 

Mr. BLODGETT introduced a bill (S. 1748) granting a pension to 

John L. Conklin; which was read twice by its title, and referred to the 

Committee on Pensions. 

He also introduced a bill (S. 1749) granting a pension to Wealthea. 

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

:M:r. BLAIR introduced a bill (S. 1750) granting a pension to George 

W. Wilburn; which was read twice by its title, and referred to the 

Committee on Pensions. 

Mr. RANSOM (by request) introduced a bill (S. 1751) to regulate 

the compensation of watchmen in the Executive Departments of the 

Government; which was read twice by its title, and referred totheComm.ittee on Appropriations. · 

Mr. BECK introduced a bill (S. 1752) for the r(\lief of William P. 

Thorne; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on Claims. Mr. GRAY introduced a bill (S. 1753) to muster Edward G. Pendleton as lieutenant of cavalry into the service of the United States and 

pay him for his services from August, 1861, to July 10, 1864, inclusive; which was read twice by its title, and referred to the Committee 

on 1\iilitary Affairs. 

1\Ir. VEST introduced a bill (S.1754) for the relief of Henry H. Marmaduke of Missouri; which was read twice by its title, and, with the 

accompanying paper, referred to the Committee on. the Judiciary. 

He also (by request) introduced a bill (S. 1755) to incorporate the 

Atlantic and Pacific Ship-Railway Company, and for other purposes; 

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

ll'Ir. GORMAN introduced n. bill (S. 1756) for the relief of the Union 

Methodist Episcopal Church, in the District of Columbia; 'which was 

read twice by its title, aud, with the accompanying papers, referred to 

the Committee on the District of Columbia. 

He also introduced a bill (S. 1757) granting an increase of pension 

to Mrs. Lou Gobright McFalls; which was read twice by its title, and 

referred to the Committee on Pensions. 

Mr. VOORHEES introduced a bill (S. 1758) granting a pension to 

Melvin Seward; which was read twice by its title, and, with the accompanying pa,pers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1759) granting a pension to Isaac C. Higgins; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on. Pensions. 

He also in trod.uced a hill (S. 1760) to increase the pension of Mrs. Laura 

Hooper Denby; which was read twice by its title, and, with the accompanying papers, referred to t,he Committee on Pensions. 

He also introduced a bill (S. 1761) granting a pension .to Isaac M. 

Johnson; which was read twice by its title, and, with the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bi!J. (S. 1762) grant-ing a pension to Benjamin 

A. :Surtram; which was read twice by its title, and, with the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1763) for the relief of Isaac H. Wheat; 

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

Claims. 

He also introduced a hill (S. 1764) fo1· the relief of the heir of Constantino Brumicli; which was read twice by its title, and referred to the 

Committee on the Library. 

Mr. PADDOCK introduced a bill (S. 1765) to provide for the sale of 

the Fort Sedgwick military reservation, in the State of Colorado and 

Territory of Wyoming, to actual settlers; which was read twice by its 

title, and referred to the Committee on Public Lands. 

He also introduced a bill (S. 1766) granting a pension to Stephen 

Butler; which was read twice by its title, andre red to the Committee on Pensions. 

lrlr. HISCOCK introduced a bill (S. 1767) to provide for the public 

defense; which was read twice by its title, and referred -to the Committee on Coast Defenses. 

Mr. MANDERSON introduced a bill (S. 1768) to provioo for an 

Indian school at Niobrara, in the State of Nebraska; which was read 

twice by its title, and refen-ed to the Committee on Indian Affairs. 

He also introduced a hill (S. 1769) granting a pension to Granville R. 

Turner; which was read twice by its title, and, with the accompanying papers, referred to the Committee on Pensions. 

Ur. QUAY introduced a bill (S. 1770) granting pensions to soldiers 

and sailors confined in Confederate prisons; which was read twice by 

its title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1771) granting a pension to Levi Moser; 

which was read twice by its title, and, with the accompanying papers, 

referred to the Committee on Pensions. 

Mr. MANDERSO ~ intToduced a bill (S. 1772) for the relief of John 

H. Marion; which was read twice by its title, and, with the accompanying papers, referred to the Committee on Military Aff:<tirs. 

Mr. CAMERON introduced a bill (S. 1773) to reimburse certain officers of the Navy for losses incurred by fire; which was read twice by 

its title, and, with the accompanying papers, r eferred to the Committee 

on Naval'Affairs. 

J.fr. WILSON, of I owa, introduced a bill (S. 1774) to amend sections 14, 16, and 17 of the Revised Statutes of the United States; which 

was read twice by its title, and referred t o the Committee on Privi· 

leges and Elections. 

He also introduced a bill (S. 1775) granting a pension to Edward T. 

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

He also introduced a bill (S. 1776) to restore Mrs. Eliza Ferguson to 

the pension-roll; which was read twice by its ti~le, and referred to the 

Collllliittee on Pensions. • Mr. EVARTS introduced a bill (S. 1777) for the relief of Henry B. 

Brown; which was read twice byits title, and referred to the Committee on Claims. 

:Mr. DOLPH introduced a bill (S. 1778) for the relief of Philip Loney ; 

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

Claims. 

1\Ir. HALE introduced a bill (S. 1779) for the protection and administration of the forests on the public domain; which was read twice by 

its title. 

Mr. HALE. This bill covers the same ground as a bill a few days 

ago introduced by me and referred to the Committee on .Agriculture 

and Forestry, but it is much more carefully drawn and has received 

the attention of eminent citizens throughout the country who are practically devoted to this subject. I send the names of some of these to 

the Secretary's desk that they may be read. 

The Chief Clerk read as follows: 

Henry P. Walcott. 

Robert Manning. • .JosephS. Fay and 45 others, of Boston, Mass . .Judge Charles P. Daly and 25 other officers and members of the New York 

Academy of Science. Horace .Jayne. .J. F. Rothrock and 8 other professors in th9 University of Pennsylvania. R. W . Stevenson, superintendent of public instruction, and 36 others, of Columbus, Ohio. Hon. Moses Ha-llett, United States district judge; Hon. Henry W. Hobson, 

United States distl'ictattorney, and Hon . .Joseph C. Helm, judge supreme court, 

Denver, Colo. 

Mr. HA.LE. I also present a memorial signed by these gentlemen, 

together with other papers, to go to the Committee on Agriculture and 

Forestry with the bill. 

Mr. PLUMB. Whatever is done about the protection of forests ought 

to be done under the direction of the Secretary of the InteriOl' and 

through the medium of the General Land Office. I think it will be 

impossible to do anything effective that is not done through these agencies, which have charge of all the public la-nds. There will be for a 

long time timb.er lands that are to be sold, as well as other timber lands 

that are to remain unsold, perhaps, and the care of which ought to go 

to the authority that ha-s charge of thew hole public domain. The general-subject is always to remain within the jurislliction of the Interior 

Department, and I think the bill ought to go to the Committee on Public Lands, not that that committee cares to burden itself with any 

more bills than it now has, but because the subject can only be intelligently considered in connection with other measlues for the disposal 

of the public domain which are before that committee and of which 

that committee has proper jurisdiction. 

I think it will be found that a good ·deal of the zeal of the people 

whom the Senator has mentioned, and whose names he has given to tQ.e 

t>Ublic through the medium of the REcoRD, will be found to grow out 

of a desire to have a commission entirely apart from all the Departments of the Government and having independent authority of its own. 

However that may be, it is essentiall.v a public-land question, and it 

ought to go to the Committee on Public Lands. 

1\Ir. HALE. Mr. President, I think there is considerable force in 

what the Senator from Kansas has said)n reference to any subject 

dealing with the public lands. Of course that committee has the 

general jurisdiction, and reports mainly the legislation touching the 

public lands. 

I suggested that this bill, which I have offered, should go to the Committee on Agriculture and Forestry, because the other bills touching 

the subject have gone there, and it would seem as if any measure relating to forestry (a subject that is growing in importance with the American people, and:which is exciting more and moretheattention of 

thoughtful men) should go to the committee newer than the Public 

Lands Committee, and entitled ''The Committee on Agriculture and 

Forestry." I fancy that that committee would feel that in any agitation of this subject of forestry and the treatment of our American forests, it would be passing over them to refer a bill distinctivelyrelating 

to it to any other committee. 

I am not a member of either committee, and have no feeling whatever about the matter; but I suggest to the Senate that as other bills 

on this subject have gone to the Committee on Agriculture and Forestry, this bill go there, and that there should be, as in other cases, 

some action striving to reach co-operation of the two committees. 

There are other bills before the Senate where two committees are con- sidering the same subjects and will undoubtedly co-operate. The bills 

for subsidies to commercial ships, which involve construction upon plans 

submitted by the Navy Department, are an apt illustration of a subject 

that two committees may consider, and I hope, under the circumstances, 
CONGRESSIONAL RECORD-SENATE. JANuARY 30, 

. . that this bill may go to the Committee on Agriculture and Forestry, 

which will confer with the other committee, or the other committee 

confer with it; but I have no feeling about it. · 

Mr. BLAIR. The chairman of the Committee on Agriculture and 

Forestry [1\Ir. P .ALMER] is not present. I understand he is ill. As a member of that committee, the very title of which seems tO make it 

proper to send this bill to it for its consideration, and also as a member 

of the Committee on Public Lands, I can have no sort of preference 

personally as to which committee the bill shall be sent to: but unless 

it is to be sent by general consent of the Senate to the Committee on Agriculture and, Forestry, I would ask Senators to wait until perhaps 

to-:morrow morning, ·when probably the Senator from Michigan can be 

present. I think he would have some feeling with reference to the 

disposition of this bill. If there be no objection to sending it to the 

Committee on Agriculture and Forestry, of course I do not care to interpose. 

The PRESIDENT pro tempore. The Senator from Maine moves that 

the bill be referred to the Committee on Agriculture and Forestry. 

Mr. PLUMB. I have no particular prefe~ence on that subject, but 

it is a very easy way of doing nothing to have bills scattered all around, 

when all subjects relating to the public lands should go to the Committee on Public Lands. 

Mr. BLAIR. 'Ve have a Committee on Agriculture and Forestry. 

Here is a bill that covers the whole subject of forestry, and it would seem to be one g1·eat wing of the jurisdiction of that committee, and 

it appears to me that in the absence of the chairman of the committee 

another committee should not be pressed. • Mr. HALE. I think there will be no further objection to the refer- ence I proposed. 

The PRESIDENT pro tempore. The bill, with the accompanying 

papers, will be referred to the Committee on Agriculture and Forestry, 

if there be no objection. 

Mr. MITCHELL (by request) introduced a bill (S. 1780) to incorporate the Georgetown Barge, Dock, Elevator, and Railway Co~pany; 

which was read twice by its title, and, with the accompanying papers, 

referred to the Comm1ttee on the District of Columbia. 

Mr. McPHERSON introduced a bill (S. 1781) to authorize the President of the United States to place upon the retired-list of the Navy 

Pay Inspector Luther G. Billings; which was read twice by it-s title, 

and referred to the Committee on Naval Affairs. 

M:r. DOLPH introduced a bill (S. 1782) to authorize the leasing of 

the school and university lands in the Territory of Wyoming, and for 

other purp·oses; which was read twice by its title, and referred to the 

Committee on Public Lands. 

He also introduced n. bill (S. 1783) to establish the Sundance land 

district., in the Territory of Wyoming; which was read twice by its 

title, and referred to the Committee on Public Lands. 

1\Ir. GEORGE introduced a joint resolution (S. R. 44) authorizing 

and directing the Commissioner of Labor to make an investigation as 

to the cost of producing leading articles of consumption in the United 

States and competingcountries, and for other purposes; which was read 

twice by its title, and referred to the Committee on Education and Labor. 

.AMEND31ENT TO .A BILL. 

Mr. PADDOCK submitted an amendment inte:&.ded to be proposed _ by him to the bill {S. 298) for, the erection of buildings for the exclusive use of post-offices of the first and second class; which was referred 

to the Committee on Public Buildings and Grounds, and ordered to be 

printed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. CL.ARK, its Clerk, 

announced that the House bad ·passed the following bills; in which it 

requested the concurrence of "the Senate: 

A bill (H. R. 1237) providing for the repair of the United States war steam-ship Hartford; 

A bill (H. R. 1312) to provide for a term of court at Quincy, Ill.; 

A bill (H. R. 1406) to provide for the sale of certain New York Indian lands in Kansas; 

A bill (H. R. 1477) to subdivide the western judicial district of 

Louisiana; 

A bill (H. R. 1709) to regulate the practice in causes removed from 

State courts; 

A bill (H. R. 2365) for the relief of William P. Thorn; 

A bill (H. R. 5728) to amend the laws relating to navigation, and 

for other purposes; and . 

A bill (H. R. 6050) referring the claim of the owners of the steamer 

I. N. Bunton to the Court of Claims. 

The message also announced that the House had agreed to the amend. 

menLs of the Senate to the bill (H. R. 4271) making appropriations to 

supply deficiencies in the appropriations for the fiscal year ending June 

30, 1887, and for prior years, and for other purposes. 

- ENROLLED BILL SIGNED. 

The message further announced that the Speaker pro tempore of the 

Rouse bad signed the enrolled bill (H. R. 2131) forthereliefofJoseph 

Cox, administrator of Charles Pasters, deceased; and it was thereupon 

signed by the President pro tempore. 

PUBLIC L.ANDS IN NEBR.ASJ}.A. 

Mr. CALL. I ask the Senate to take up a resolution which I introduced some time ago. 

The PRESIDENT pro tempore. Are there resolutions, concurrent or other? 

Mr. :MANDERSON. I have a resolution to offer. 

The PRESIDENT pro tempore. The Chair will receive it. 

Mr. MANDERSON submitted the following resolution; which was considered by unanimous consent, and agreed to: 

Resolved, That the Secretary of the Interior be. and be is hereby, directed to inform the SenateFirst. The original number of acres of public land in the State of Nebraska. 

Second. The number of acres thereof surveyed, the number of acres thereof 

sold, and the amount received therefor up to Jane 30, 1887. - Third. The number of acres of p-qblic land in said State contained originally 

and June 30,1887, in Indian reservations; the number of acres contained in said 

reservations sold and the amount received therefor and whether the State has 

been allowed 5 per cent. of the proceeds of such sales, the number of acres of 

public land in said State contained originally and June 30, 1887, in mHitary res- ervations; the number of acres thereof sold and the amount received therefor, 

and whether the said State has been allowed 5 per cent. of the proceeds of such 

sales. 

Fourth. The number of acres of public landinsaidState of Nebraska located 

with military land-warrants up to June 30, 1887; and whether the said State has 

been allowed and paid 5 per cent. on the value of said lands so located, and the amount paid on that account. 

THE MAIL SERVICE. 

Mr. PLUMB. I offer the resolution which I send to the desk, and 

ask for its present consideration. 

The Chief Clerk read the resolution, as follows: 

Wberea'!> there have been for many months serioua complaints as to the inef· 

ficient charn.cter of the mail service, especially in the \Vest and South, and the same continue, indicating that the trouble is of a permanent character: 

Resolved, That the Committee on Post-Offices and Post-Roads be instructed to make thorough inquiry into the cause of such inefficient mail service, and re- port to the Senate their conclusions thereon, with suggestions as to remedy. 

Mr. COCKRELL. Le.t that go over. The PRESIDENT pro tempore. The resolution will go over under 

the rules. 

Mr. PLUMB. I ask that the objection be withdrawn for a moment 

in order to enable me to present some matters bearing upon the resolution. 

Mr. COCKRELL. Certainly. 

:Mr. PLUMB. I ask the Secretary to read in this connection the article which I have marked, being an extract from a leading Kansas 

paper, the Daily Capital, of Topeka, and which appears also in the 

CONGRESSIONAL RECORD of the 22d of this month. 

The PRESIDENT pro tempore. The Secretary will read the paper, 

if there be no objection. 

The Chief Clerk read as follows: 

THE MAlL SERVICE OF KANSAS. 

Never at any time in the history of Kansas has t.here been in the United States 

mail service such an utter disregard of the rights of the people as at lhis time. 

Notwithstanding the great increase in population, the stupid attempt on the 

part of the Administration to make a record for economy has cut down h~ clerical force necessary to properly distribute the mails at large offices and m the 

mail trains, and it is consequently too small to do the work, Tons of mail mat- ter pass through Kansas on the trains westward that can not be disposed of by 

the force allowed by the Post~Office Departmenp. The result is that it is carried 

past the towns where it belongs, and brought back after two or three days' ab· seuce in Colorado or New Mexico. It is not the fault of the railway clerks, be- cause the Department asks of them a. task that it is not possible for them t o per- form. The people of Kansas have been patient, and the press has been lenient over this Democratic folly. Mails going west are so heavy that men working to the extent of their strength, doing more than double duty, can not handle tllcm . .Appeals to the Department at Washington for adequate help to take care of this 

important public service are unheeded. The railway mail service through Kan- sas has become criminally neglected, and it is time this attempt of the Demo- cratic party to make cnpital by a show of false economy should b~ brought to the 

attention of Congress. 1'n reply to continued appeals for the Department to send a man to examine the railway mail service in Kansas, a man came, and o looking the tons of mail that could not be distributed in t :me to be thrown off at the towns where itJIIllonged, he succeeded in having two or three cle1·ks fined 

for not having the regwtation gold-lace bandon their caps, and thus civil-service 

reform was indorsed and the record of the party for economy maintaineJ. 

:M:r. PLUMB. I offer also a letter received a day or two since from 

the secretary and business manager of the Kansas City Journal, one of 

the leading daily papers of the West, on the same subject. 

The Chief Clerk read as follows: 

KANSAS CITY, Mo., January 25, 1888. 

DEAR SIR: Is it possible to bring to bear such pressure, by means of a Senate 

committee on investigation of Western mail service in Missouri and Kansas, as will rectify the pres·ent demoralized condition of said service? 

Our relations to this service are such that we suffer more perhaps than any other line of business and know more of its delinquencies than those engaged in 

other vocations. 

I can say after eighteen years' continuous labor in this one office, with full facilities for leaming as to general efficiency of the mail service, that i~ was never so bad nor so badly administered ns during the past year, and that the tendency at this time is toward a down grade. Can you give this attention and bring it 

before the people in such manner as to lead to a reform? 

Very t·espectfully, J . .A. M.ANN, 

Sec?-etary and Business Mana!Jer Kansas Oily Journa~. 

Hon. P. B. PLUMB, Washington, D. 0. 

Mr. PLUMB. To meet the possible suggestion that the information 

contained in the newspaper article already read and the letter from the 

business manager of the Journal may be colored, being from Republican 

sources, I send to the Clerk's desk to be read an articl~ from a paper 
J 

1888. CONGRESSIONAL RECORD-SENATE. 

claiming to be the leading Democratic paper of Kansas, and the official 

organ of the party. in that State, which will show that complaints are 

not confined to Republican sources. The article is from the Abilene 

Gazette, a daily paper published at Abilene, Kans. 

The PRESIDENT pro tempore. The paper will be read, if there be no objection. 

The Chief Clerk read as follows: 

The time has come, in fact it came long ago, for the United States postal au- thorities to do something for the Western mail service. We do not know whether 

the rank service which we have been receiving is due to incompetency or lack 

of sufficient help, but one thing we do know, and that is it is about as weak as the people are going to stand by and accept without kicking vigorously. Day 

after day, week in and week out this office has received nume1·ous and repeated 

complaints of failure to receive papers. We have traced· the matter down and 

find that it is due to the rotten mail service. We are possessed of ordinary pa- tience, but the time has gone by for us long·er to remain silent. Yesterday morn- i.ng at 3.30 the greatest outrage that has ever been perpetrated upon a daily news- paper in Kansas since the State was admitted into the Union was served the 

Gazette by the route agent who worked the mail going west on train No. 203, 

either through ignorance, drunkenness, imbecility, or maliciousness, we know not which. 

Mr. PLUMB. Mr. President, these are only samples of what is appearing in the press of Kansas and the West generally in regard to the 

mail service, which, as is well stated in the letter from Mr . .M:ann, bas 

been on the down grade for some time. The people of the United Sta.te~:~ 

pay for this mail service. They have always demanded that it be good 

without reference to its cost, and that the first thing to be taken into 

account should be its efficiency. 

The very estimable gentleman who has recently retired from the 

Post-Office Department, and under whose administration the business 

of that Department has come into the present deplorable condition, 

failed, I think, to take into account the fact that the first need was for 

good service, and that parsimony was out of place. He has seemed to 

be possessed with a frantic determination to make revenue meet expenditure, regardless of the results to. the service. He has saved some 

tnoney, but in doing so he has deprived the people of that efficient mail 

service which their interests require and which they have had until 

within the last two years. 

As a result the mail service of t]le country, and especially in the 

West, is utterly demoralized and fails to answer to even the most ordinary demands n pon it. The editor and publisher of tbe Wichita 

Eagle, a leadwg daily paper published at Wichita, Kans., stated to me 

a few days since that for months he has not sent his papers to their destination through themails, but has used theexpresson the same trains 

which carried the mails, because when he deposited papers in the postoffice tq have them carried by mail they were certain to be so miscarried or otherwise delayed as tow holly defeat the purpose for which they 

bad been printed and mailed. He therefore preferred to pay · the 

greater charges necessary and have them carried safely and speedily by 

express. 

That ofitselfwould be enough to indicate the disgraceful condition 

of the service. Whether tho reason of this is to be found wholly in the 

failure to employ a sufficient number of suitable persons to transact the 

business in post-offices and on postal cars, or whether it is partly due to 

the discharge of competent officials and employment in their stead 

of those less competent I will not say, though I have been informed on 

authority, which I do not vouch for, however, that within the last year 

or two the maximum rating of postal clerks in the examinations which 

are required to precede their permanent appointment has been lowered 

about 30 per cent. I do not sa.y that is true. I do not know it, but 

I have been told so. I have no doubt most of the trouble is due to the 

fact that there are not sufficient clerks and route agents employed. 

:M:r. COCKRELL. Will the Senator allow me one explanation there? 

Mr. PLUMB. Yes. 

Mr. COCKRELL. I think the Senator's information in regard to the 

grading of clerks must be a mistake. I knew a young gentleman, belonging to a most excellent family, who was appointed partly on my 

recommendation, and he failed at the end of six months and was discharged, and I know his grading was over 60 per cent., but I did not 

have influence enough to keep him in the service. 

Mr. JONES, of Arkansas. If the Senator from Kansas will allow 

me to make a suggestion in that connection, I will say that in my State 

the same chief clerk is discharging the service that has been for years 

past, and there can be no sort of doubt that he would require the same 

degree of efficiency he had been in the habit of requiring under former 

administrations. . 

Mr. PLUMB. He may not have had as good material to work with 

as before. The responsibility for this condition f'f affairs must necessarily rest with the head of the Department. It is in his power to 

vitalize this service, and it is his duty to do it. Congress has appropriated every dollar he asked for, and he can not plead l~ck of funds. 

No portion of his responsibility can be placed on .a route agent, or on a 

division superintendent, or elsewhere. The responsibility must finally 

come back to the Postmaster-General himself. He appoints every subordinate, makes every contract-all that is done is with 'his authority 

and by his direction. 

I have no doubt the late Postmaster-General did what be believed 

his duty required, but he simply carried his idea of economy to an ex- tent which ruined the service which it was his duty to keep up and 

constantly improve. 

I do not care to ask that the resolution be adopted now. I wanted · 

to present these facts in order that they, in connection with the resolution, may be considered to-morrow, or at such other time ru> it may 

properly come before the Senate. 

The PRESIDENT pro tempore. The resolution .will lie over under 

the rules. 

RELATIONS WITH CANADA. 

Mr. FRYE submitted the following resolution; which was considered 

by unanimous consent, and agreed to: 

Resolved, 1. That the Secretary of the Treasury be directed to inform the Senate 

what communications have been made with the Dominion of Canada. since- the 

abrogation of article 30 of the trea:ty of Washington, and what agreements have 

been arrived at touching the transportation of goods across the boundary line 

in bond and otherwise. 

2. What methods have been taken to protect the revenue derived from bonded 

goods passing the frontier both ways and American goods transported coast- wise. 

3. What, if anything, has been done to enforce the second clause of section 6 of the interstate-commerce law. 

Mr. FRYE. I off~r another resolution, and I simply desire to say in 

regard to it that it calls for exceedingly important and valuable iq.for- . 

mation, and, fu view of the fact that serious commercial questions are 

liable to arise between Canada and the United States at any time, the 

necessity for the information will be apparent. 

The Chief Clerk reacl the resolution, as follows: 

Ordered, That the Committee on Foreign Relations be authorized and directed to prepare for the use of the Senate a. statement showing- 1. The political Qrganizations of the Dominion of Canada and of the several 

provinces of which it is composed, and the relations sustained by the same to t.he United States, as well us to Great Britain. 

2. The several treaties, commercial and otherwise, that have been made be· tween the United Slates and Great Britain in behalf of the Dominion of Canada, or any of the several provinces composing the same, and the present condition or slatus of said treaties. · 3. The commercial relations established by the statutes of the United States 

between the United States and the Dominion of Canada or any of the provinces 

composing the same. 4. The amount and value of the commerce and trade subject to duty between 

the United States and the Dominion·of Canada or the provinces·of which it is 

composed. 

5. The amount and value of the c' transit" trade, or commerce, of the Dominion 

of Canada not subject to duty passing through the territory of the United States 

between said Dominion and countries other than the United States. . . 6. The amount and valne of the commerce and trade between the Dominion 

of Canada and the provinces of which it is composed and all other countries, includi~g the Unit-ed States. 7. The area of the Dominion of Canada an.d of the several provinces that com- pose it, and the population of the same, including Newfoundland. 

8. The amount of the funded and floating debt..;~ of the Dominion of Canada, 

and of the several provinces of which it is composed, and the objects for which 

they were created. 

9. The revenues, from whatever source, of the Dominion of Canada and of the 

several provinces comprising the same, including Newfoundland, and the cur- rent charges against the same. . 10. The several railroads that have been constructed in the Dominion of Can· 

ada and within the provinces of which it is composed, including Newfoundland, the mileage of the same, the cost of the same; the share-capital, funded 

and floating debts of the same; the guaranties or undertakings of c..;reat Britain or of the Dominion of Canada, or of the several provinces composing the same, including Newfoundland, on account of such railroads, the tonnage, earnings, 

and operating expenses of the same. 11. '.rhe several canals constructed by the Dominion of Canada or the provinces 

composing the same, t-he size of the locks on the same, the cost of such canals, 

then umber of vessels navigating the same, the tonnage transported on the same, whether of the United States or of the Dominion of Canada, the revenue therefrom, and the cost of maintenance, and the average number of days in each year in which they are naYigable. 12. The dates for a series of years of the opening and closing of nayigation of 

the :St. Lawrence. . 13. '.rhe subsidies granted by Great Britain or the Dominion of Canada to lines 

of steam-ships or railroads for the purpose of developing the trade and commerce of the British North American provinces. 

Mr. COCKRELL. Let that be printed and lie over. 

The PRESI·DENT pro ternpore. The resolution lies over under the 

rules, and will be printed. 

THE SWENSON PATENT. 

:M:r. EDMUNDS submitted the following resolution; which was considered by unanimous consent, and agreed to: 

Resolved, That the Commissioner of Agriculture be, and he hereby is, directed to communicate to the Senate, as soon as may be, any report or reports made to the Department of Agriculture by Professor Swenson on the subject of sugar making which have not already been transmitted to Congress. -

HOUSE BILLS REFERRED. 

The following bills were severally rea~ twice by their titles, andre- - ferred to the Committee on the Judiciary: 

A bill (H. R. 1312) to provide for a term of court at Quincy, Ill.; 

A bill (H. R. 1477) to subdivide the western judicial district of Louisiana; and 

A bill (H. R. 1709) to ref:,•ulatc the practice in causes removed from 

State courts. · 

The following bills were severally read twice by their titles, and referred to the Committee on Claims: 

A bill (H. R. 2365) for the relief of William P. Thorn; and . 

A bill (H. R. 6050) referring the claim of the owners of the steamer 

I. N. Bunton to the Court of Claims. 

The bill (H. R. 5728) to amend the laws relating to navigation, and 

for other purposes, was read twice by its title, and referred to the Committee on Commerce. 

The bill (H. R. 1406) to provide for the sale of certain New York Indian lands in Kansas, was read twice by its title, and referred to the 

Committee on Indian Affairs. 
790 CONGRESSIONAL RECORD-SENATE. JANUARY 30, 

The bill (H. R. 1237) providing for the repair of the United States gitimateJy, from entering on a further discus~ion of it if it were not that 

war steam-ship Hartford, was read twice by its title, and xeferred to this matter has undergone a considerable amount of investigation in 

the Committee on Appropriations. my St.1.te and in other Southern States, and the people there seem to 

RAILROAD RECEIVERS. ha•e a de-ire for some further explanation of the p\,visions of this 

Mr. CALL. I gave notice la.St week that at the close of the morn- bill, and of the foundation upon which it rests, and the results to 

ing hour to-day I should ask the Senate to take from the Calendar a which it will likely lead in the event of its final enactment. 

resolution submitted by me on the 12th of December, 1887, instruct- The bill also has had quite an extensi>e growth since it came first 

ing the Committee on the Judiciary to report what is necessary for into the Senate, and that growth has been in the direction of further 

the correction of the existing evils in regard to receivers appointed by centralization of power, furU1er usurpation of power by Congress, the courts of the United States. The hour of 2 o'clock being nearly at _further encroachment upon the reserved powers of the States, and a 

hand, and the Senator from Iowa [Mr. ALLISO"N] the chairman of the departure in some wry ma.terial particulars from the method of dispoCommittee on Appropl·iations, desiring to call up an appropriation bill, sit.ion of this money amongst the States which was originally contemI now give notice that to-morrow morning at the close of the morning plated when the bill was introduced into the Senate by its author, the 

business I shall ask the Senate to take up the resolution for the pur- Senator from New Hampshire [Mr. BLAIR]. pose of submitting some remarks before its reference. I ba-.;-e looked through this bill with an earnest desire to understand 

it. I can n ot &'ty that I appro\e of the policy of the bill, because I -~GIUCUJ,TVRAL-EXPERIMEXT STATIOKS. think it belongs to that class ofintensivelegislation which, like intensive 

Mr. ALLL';ON. I mo,-e to take up Order of Business 136, being agriculture and a great many other intensive things that we rlo, recoil 

House bill 4881, an appropriation bill for agricultural experimentn.l upon us; andafterawhilethereisa co11apseinsteadofasteady, healthy, 

stations, a deficiency 1or this year. permanent growth in the matters about which we axe concerning our- The PRESIDENT pro tempore. The title of the bill will be st:1ted. selves. 

The CHIEF CLERK. A bill (H. R. 4881) making an appropriation I should he very glad, indeed, inasmuch as the Southern States are to carry into effect the provisions of an act approved Uarch 2, 1887, suppo ed to be very largely the gainers in the amount of money that is 

entitled ''An act to est.abHsh agricultural experimental £Jtations in con- to be distributed through this bill, to gain my own consent to the wisnection with the colleges established in the se>eral States under the dom or its policy, and also to the proposition that it has a. legitimate 

provisions of an act approved July 2, 1862, and of acts ~;uppleroentary foundation amongst the powers of Congress; but in neither respect have 

thereto." . I hecn able to overcome those objections which arise in my mind, not 

Mr. ALLISON. As the hour of 2 o'clock bas almost arrived, I ask from political training so much as from the studies that I have been 

unanimous consent that thjs bill may be considered until completed. able to gi-.;-c to constitu tiona! questions as they relate to the distribution 

I think it will take only a. few moments. of powers between the tJnited States on the one hand and the States 

:M:r. BLAIH.. Without displacing the unfinished business? aml the people on the other. 

:Mr. ALLISON. Of course, without displacing it. In my efforts to ascertain the foundation upon which this bill is rested, 

The PRESIDENT pro tempo1'e. The Senator from Iowa asks unani- while I have discovered that there has been a good deal of diversity 

mous consent that the Senate proceed·to the consideration of thjs hill, and divergence and opposition of opinion and argument in its support 

hying aside the unfinished business informally until its completion. by its most active friends, my conviction has at last settled upon the 

The Chair hears no o~jection, and the bill called up by the Senator from proposition that the bill really was intended to rest and does rest upon 

Iowa. is before the Semte as in Committee of the Whole. w bat is termed the general-welfare clause of the Constitution. So I 

1\II·. SAULSBURY. There was heretofore reported a bill providing shall treat it; in that regard I shall argue it, devoting a portion of my 

that appropriations for this purpose should be placed under the con- remarks to the question whether or not '• the general welfare " in retrol of the State Legislature. I desire now to state that I should be speet of this particular sul~ ec t is in the keeping of the <Jongress of the 

very glad that this bill should besent back to the committee and held United States, or whether it was left by the framers of our constituback until some amendment can be made to the original act, which tional ~ystem of government in the k eeping of the States and amongst 

provides for the money going directly into the bands of the govern- their reserved powers. 

ing boards of the various agricultural colleges. In my opinion, at least Finding no express power gi,en to Congress to deal with the subject 

· one-half of the agricultural colleges are so situated that no practical of school!< in the States in the Constitution, and finding no allusion in 

value whatever to the agriculture of the country will be obtained by that instrument to education or schools, I conclude that the builders 

the appropriation of the money in the manner now provided. Tho e I of that great and new syst.em of organic law did not intend to include 

concerned in the interest of agriculture in the several States ought the fostering of education 01 the establishment of schools in the States 

to have an opportunity to present their views. I am satisfied the among the Federal powers that were to be given by tho. eStates to 

money will in many instances go into the hands of those who will pay Congre . When I say •' given by these States,'' I mean given by the 

but little attention to what the interests of agriculture require, and so people of the Si:ates through their }{)C.'ll go>ernment organization that 

it will be of no practical use to the agriculturists of the country. My was then the State as much as it is now. That body of vvise men knew 

desire is that some action should be taken on the original law so that what they were doing, and were not thoughtless or inconsiderate about 

this appropriation may go into the hands of the State Legislatures, so so important a su~ject as education. 

that they may control the disposition of it. 1 It was then a grave problem, as it is now, whether any go>ernment 

The PRESIDENT pro tempore. The bill will be read at length, : oagbt to bave the power to ta .. ~ one man to educate the child of another 

The Chief Clerk read the bilL 1 who is able to educate his own child, any more than it should have the 

The Committee on Appropriations reported the bill with a.n amend- jl power to tax him to feed and clothe such child or proyjde for its cure 

ment, in line 9, after the words "thereto the," to strike out: when it is sick. 

following sums be, and ·they are hereby, appropriated, out of any money in 1 That problem bad been decided by some of the States before the Con- the Treasury of the United States, proceeding from the sales of public lands, ! stitntion of the United States was formed, and in other States it was and in full ~ompensation for the fiscal year ending June 30, 1888• $5S5,000. ) to; till in doubtful debate. The States that established this power placed 

And to Insert: I it in their constitutions as part of their State government , as I will sum of $585,000, or so ~uch thereof as may be nec:essary, is J:ereby approp!i- ., pre-sently prove by reading those parts of their organic laws. ated, out of ~ny money m the Treasury not.otherWJSe appropnated, fol' the fi~- These domestic municipal State pow;2 in the <Yrasp of these States cal year endin<>' Jtme 30 1888. . . ' . ' . . ' o ' " '. d· 1 were boldly displayed m the ~onst1tu ns of the States of the very So as to make the bill rea · men who were engaged in delegating certain powers to a new govern- Be it enacted, etc., That to carry int-o effect the provisions of an act approved ment they were then 1iorm1" ng an.:J, they d1"d not attempt to touch one ?.larch 2 1887 entitled"' An act to establish ag1·icultural-experiment stations in · ' '-L connection w'ith the colleges established in the several States, under the pro- of them. They left them severely alone. They did not dare to touch 

visions of an act approved July 2, 1862, and of the acts supplem~ntary thereto," them or attempt to confer them upon the National Government. Some 

the sum ofS585,000, or so ID;Uch thereof as may be ne~essary, ls h~reby appro- of the States bad not yet reached the conclusion that educ.'ltion should priated, out of any money 111 the Treasury not otherWise appropnated, for the . , . fiscal year ending June 30, 1888. j he made a subJect of compulsory duty on the part of tl.eu own State 

The amendment was agreed to. j Legi;>l::tt~~s. T~ey would _sca~cely incorporate a power to COJ?t~ol edTl b ·n . rt d to the Senate as amended and the amendment . ~1Cation m a natwnnl constitution that th~y bacl not bee~ w1llmg to ne 1 wals .

1epo e ' I rntrost to or to make compulsory upon their own Sbte LegiSlatures. was concurrec In. · 'fl St t th t b d fi · d th · th · t"t t· T" d nt was ordered to be en!ITOSSed and the bill to be read ! Je a es a a . ~e ese powers m elr own cons 1 u IOns t~_l~ a~en me_ "" 1 would not have been willmg to intr:1st them to Congress, whose enacta u bil1

fe. d th th' d fme and assed I ments, whenever they are valid, are supreme. The was rea e lr 1 ' P · I therefore conclude that the power to c.c;tablish, or provide for, or to AID TO COMMON SCHOOLS. control education is found among the powers reserved to the States, 

The Senate, as in Committee of the Whole, resumed the considem- and can not, therefore, be among those delegated to Congress. 

tion of the bill (S. 371) to aid in the establishment and temporary sup- If the Constitution says anything with uneq ui>ocal meaning, it is 

port of common schools. that the powers of government not therein expressly granted to the 

l\1r. MORGAN. :Mr. President, this is the third occasion on which United States are reserved to the States or to the people. 

1 haYe been called upon by my sense of duty to discuss this measure, In order to turn this barricade the astute minds of the friends of this 

or measure svery similax to it. I could excuse myself, and I think le- measure resort to the fact that the Constitution expressly gives to Con-
I 

1888. ·CONGRESSIONAL RECORD--SENATE. 791 

gress the power to appropriate money. They read that power in the 

broadest light of discretion, and insist that any disposition Congress 

may choose to make of public money is lawful; because the money in 

the Treasury is subject to their power to appropriate it. , 

If this is true it is a shocking assault of logic upon the moral sense of the people of the United States. We can appropriate money for our salaries, but if we should conclude that they should be raised from 

$5,000 a year to 51,000,000, the power to appropriate the money would - scarcely be admitted as justifying a purpose in making it that would 

be mere robbery of the Treasury. It is the purpose of the appropriation that must limit the power to 

make it in every instance, or else the most conservative and necessary 

check on the licentious abuse of the power to vote away the money of 

the people would be removed. It was for ibis reason alone that the 

general-welfare clause was imposed as a restraint on the t.axing power, so as to ·limit that power by confining its exercise to the purposes of 

the general welfare of the United States, meaning by that phrase the 

Government of the United States and the people of the United States so far as their rights and interests are expressly put in the keeping of 

that Government. · This "general-welfare" clause is perverted from its true office as an express limitation upon the power of Congress in taxing the people, and 

is turned into a grant of power to Congress which makes it as absolute as is the British Parliament, and that perversion of the Constitution is 

made the foundation of the power to enact this bill into a law. 

That false conception of the Constitution is thus stated: 

First. That the general welfare of all the people of the United States, 

whether they are found in the States or in the Territories, is intrusted 

to the care of Congress; - Second. That power to tax the people is given to Congress for the 

purpose of promoting this general welfare; 

'l'hird. That education promotes the general welfare of the people 

and ofthe GoYernment; 

Fourth. That Congress can declare that education does promote the 

general welfare; and 

Fifth. That such a declaration gives Congress the power to include 

education among the subjects of its care~ and the power to raise money 

and apply it to that purpose. 

They stop. this current of false logic, flowing from false premises, just 

at this point, and the bHl makes a pretentious effort to cease its invasions of the Constitution at this line; bnt its failure to do so would be 

ludicrous if it were not so dangerous. 

A sixth proposition that belongs to this series is that the laws of Congre...~ are supreme wherever they operate, and the power to promote 

the general welfare includes the supreme power to deal with, regulate, 

and control absolutely the subject to which that welfare relates. 

In the eager desire to use the general-welfare clattseof the Constitution to advance a measure that bas such hold upon them they seem to 

forget the boundaries of the jurisdiction of Congress fixed in the distribution of the powers of government between the States and the Federal Government, and that these limits confine the care of the general 

welfare intrusted to Congress, even in the wide interpretation which 

they adopt, to that field of legislative activity to which Congress is 

confined by the Constitution. 

The misinterpretation of the true meaning of the general-welfare 

clause could not do much harm if Congress does not use it for the dangerous purpose of invading the rights reserved to the States. Where 

it passes that boundary, as it does in this bill, nothing could be more dangerous to the entire scheme of the Government which was ordained 

for us a hundred years ago. , 

Broad as these powers are claimed to be, under this misinterpretation 

of the purpose of the general-welfare clause in the Constitution, they 

may be admitted to exist, in the full latitude claimed for them, in all 

places that are under the exclusive legislative jurisdiction of Con()'ress 

and over the whole country within our boundaries, in cases whe;e th~ 

subject is one as to which Congress has the exclusive right of legislation. 

C.pngress can legislate over the District of Columbia and the Territories on any subject that is within the control of legislation, but even in those places its power is not absolute. It can not touch the question ?f religion; it can not d~tro! the free press, or prohibit free speech; 

1t can not destroy the obligation of a contract; it can not invade a home 

in the. country in time of peace, without the authority of a judicial war-

:ant; It can no~ ~use a person to be executed for murder, nntil a grand 

1ury and a petit Jury have sat on the case and a verdict of guilty, in 

due form of 1'1w, has been pronounced. 

I could name many other things that Congress can not do even in 

th.ose localities w~ere ~ts legislative .powers are exclusive, although it 

m1gh:t fill our legiSlative records with acts and resolutions declaring 

that It :was necessary, to promote the general welfare, that these things 

should be done. The courts come in and cut down and cast out all 

suc'h growth of usurpation when we attempt to fasten it upon the 

country. In the Territories and the District of Columbia Con!!I'ess has 

the legislative powers that belong to the State and Federal""Govern- ments. In the States Congress can exercise only the powers expressly 

delegated to it or to the Federal Government. 

I will content myself with citing only one of many cases I could pre--

sent to illustrate these points. 

In the last Congress we enacted a law to suppress polygamy in Utah 

and to disestablish the Mormon Church and repeal the ch:t'rters, granted 

by the Territorial Legislature, pn which this criminal pretense of are- ligion was founded. In that act we used the Federal power as including the local municipal power of legislation, but we did not encroach on the freedom of conscience in reHgion, though millions of people believe that the general welfare of the people of the United States required 

that we should. The power of Congress is supreme and exclusive in 

legisla.ting for-Utah, but it is not absolute, even under the general-welfare clause. 

There are two :M:ormon chur<;,hes in Philadelphia, regularly organiZed, with pastors and houses of worship. One of them is polygamous 

in faith and the other is not, just as many 1\:t:ormons in Utah are antipolygamists. . Congress has no more power oYer polygamy or the Mormon church 

in Philadelphia or over any crime that such a church might foster than 

it would have in London. 1 It is the place, the locnJity, and the pres~ . 

cnce in Pennsylvania of another sovereign, having rightful and therefore exclusive jurisdiction over the subject of polygamy and Mormon- ism. that put a barrier before Congress that it can not surmount and 

forbid us to encroach upon that jurisdiction, though we should claim 

the right to declare that the general welfare is in our keeping and that 

it reqmres the suppression of Mormonism in Philadelphia as it does in 

Utah. We are required to show something more than our own declaration of our absolutism before we can enter a State to reform its institutions and adapt them to our notions as to the best way in which to 

promote the general welfare. 

What is it that stops us on the border of Pennsylvania when we wish 

to follow Mormonism into Philadelphia and punish it there with disfranchisement, with confessions extorted from women claiming to be 

wives and the lawful mothers of children born in lawful wedlo{:k, and 

with imprisonment, as we did in Utah? 

It is the statehood of Pennsylvania and the rights reserved to her 

when she came into the Union that prevent us. It is not the absence 

of the necessities of the general welfare that thus disarms us of our alleged high powers. It is not the want of power to appropriate money 

that stops us. That is as easy to do as it is for any discretionary trus~ 

tee to break his faith with his principal in applying his mouey. 

It is the want of power to apply the appropriation in Pennsylvania to a subject over which that State has sovereign and exclusive control, 

reserved to her in the Constitution, within her own borders, that stops us. Where do we find this reserved right of Pennsylvania recorded or declared? Nowhere, unless it may possibly be in her constitution. • Where do we find it denied to Congres.'3? On every page of the Constitution it is denied to Congress, because it is nowhere enumerated 

among the powers granted or delegated to Congress. 

Every power of statehood that is consistent with a republican form 

of government belongs, of right and necessity, to every American St..'lte, 

whether such powers are mentioned in their laws or not, unless they are expressly delegated to the United States, or are such as arise, by 

necessary implication, from the powers so delegated. 

Every subject of legislation to which these 'reserved powers apply is 

placed beyond the reach of Congress, unless there is an express grant of 

power to Congress to deal with that subject, or unless, by necessary 

implication, the right to deal with the subject belongs to a power so 

eXl)ressly granted to Congress. 

\Vithout reserving to the States, as parts of their autonomy, the plenary and undefined domestic and municipal powers and jurisdictions 

that belong to sovereignty (after the powers that were found neces- sary for their political union with other States had been delegated to 

the United States), the States would have perished of imbecility. AB 

it is, they will never perish. No State of this Union will ever die. 

They will surVive every other form of government on this continent, 

it makes no difference what the exigencies of our condition in the fu- ture may be. Without these reserved powers, over these reserved subjects of legislative control, the States would not now have the care of 

all the vital interests of their people, including their rights of life, 

liberty, and property. 

In the highest sense, and also in the most exact and correct sense; 

in the most general wa.y; and also in the most pa,rticular way, the States 

have charge of the general welfare of their people, with the most ample 

power to promote it in respect of every matter that is local and domestic. The States regulate the ownership and conveyance of real and pei'Sonal 

estate, wills, successions, trusts, and distributions of intestates' property; ~he relations of parent and child, husband and wife, and guardian and ward. They define and punish crime. They regulate the · 

highways and all vehicles of State commerce. They build hospitals 

and asylums, and take control of all schools and institutes that are 

supported under their authority. The morals of the people and the 

protection of individuals and communities against vice are nuder the 

charge of the States. ' 

The Supreme Court bas but recently declared that a State may prohibit the production.and sale of intoxicating drinks within its borders, 

although Congress has granted a license to produceor sell such liquors 
792 CONGRESSIONAL RECORD-SENATE. JANUARY 30, 

within such State. AU these matters relate to the domestic general 

welfare of t.he people, and are confided to the care of the States. The 

maintenance and control of the public schools is as much a part of that 

general welfare us is the control of the production or sale of whisky. 

Can Congress control the general welfare of the people of a State by 

COI!lpelling the introduction of whisky when the State prohibits its 

introduction? And yet the collection of taxes on whisky is for the general welfare of the United States, as Congress declares when it passes 

the laws relating to internal revenue. There is a general welfare also 

of the United St.o'ttes which Congress must regard-a welfare of that 

Government which Congress must respect; a limitation on the taxing 

power that is a sacred check upon a power that it is easy to abuse, and 

when abused is sheer tyranny. This general weliiwe has not wrappe.d 

up m_it a single reserved power of the States, and when it touches the 

subjects of these reserved powers, there can be nothing but usurpation 

in the movement. 

Not only is the power to establish, control, and regulate common _ 

schools among the reserved powers of the States, but they were ancient rights and liberties in every colony and in every State when 

Congress was created by them and invested with its limited powers. 

These powers over schools were so highly valued by the States that 

they declared them and provided for their enforcement in their S~ate 

constitutions, thereby making them, expressly, a part of their organism-the autonomy-of their State governments. 

The powers usurped in this bill, as well as the subject to whicp they 

relate, and the control the bill attempts to exert over this subject, belong to the domestic affairs of the States and always have belonged to 

their reserved powers, with which Congress is positively forbidden to 

interfere. 

The power claimed in this bill, drawn in part from the general-welfare clause, in part from the consent of the States purchased for a price, 

in part from a refinement on the power to appropriate money, making 

it analogous to the power to misappropriate it, or to throw it away, or 

to destroy it, is too uncertain and frail to stand for a moment, opposed 

to the injunction of the Constitution that Congress shall exerci~e no 

power that encroaches upon the rights and powers reserved to the 

States. 

To show what sort of reservation the States made of the power toeducate their children, I will read from some of their ancient constitutions. 

'l'he constitution of Connecticut provides, in section 2 of article 8: 

SEc. 2. The fund called the school fund shall remain a perpetual fund, the in- terest of which shall be inviolably appropriated to the support and encourage- ment of the public or common Sl;)hools throughout the State, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the General Assembly may prescribe, published, and recorded in the comptroller's office; and no law shall ever be made authorizing said fund to be diverted to ::my other use than the encouragement and support of public or common schools among the several schoo I societies, as justice and eq uHy sh~ll require. 

That provision of the constitution followed out one of the ancient 

regu1ations made by Connecticut for the disposal of that fund which 

arose from the sale of what were termed the fire lands in the West-ern 

Reserve of Ohio, I believe it was. A Jarge fund was accumulated, which 

the State of Connecticut. took under her charge during the time of the 

Confederation, lllld when she came into the American Union that fund 

had accumulated in her treasury, and she, by a regulation of her Legislature, provided for the management and application of that fund to 

the subject of common schools, thereby exercising in the most plenary 

way the right and power and duty reserved to herself to manage this 

fund aecording to her own will. . Who will say that when Connecticut consented to come into the. 

American Union she thereby ~greed to place her common schools in 

any sense whatever under the control of the National Union? 

Georgia had a similar provision that dates back _to 1777, as follows: 

ART. LIV. Schools shall be erect.ed in each county, a:1d supp01·ted at the gen- eral expense of the State, as the Legislature shall hereafter point out. 

North Carolina had a similar provision: 

XLI. That a school or schools shall be established by the Legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices; and all useful learning shall be duly encouraged and promoted in one or more universities. 

That was the constitution of 1776, following that wonderful declaration of independence made at Mecklenburgh, which was the precursor,· 

the vanguard ·or the independence of_ the United States. 

Maine had a similar provision in the eighth article: A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people, to promote this important 

object the Legislature are authorized, and it shall be their duty, to require the • several towns to make suitable provision,'at their own expense, for the support and maintenance of public schools, and it shall further be their duty to encour- age and suitably endow, from time to time, as the circumstances of tl1epeople may authorize, all academies, colleges, and seminaries of learning within the State. 

MaSsachusetts had a similar provision: 

SEC. 2.-THE ENCOURAGEMENT OF LITERATURE, ETC. 

Wisdom and knowledge, a.s well as virtue, diffused generally ·among the body of the people, being necessary for the preservation of their rights and liberties; and a.s these depend on spreading the opportunities and advantages of education in the various parts of the country and among the different orders of. the people, 

it shall be the duty of Legislatures and magistrates, in all future periods of this 

Commonwealth, to cherish the interests of literature and the sciences. and all seminaries of them, especially the university at Cambridge, public schools, and gramma:r schools in the towns; to encourage private societies a11d public insti- tutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to coun- tenance and inculcate the principles of humanity and general benevolence, pub- lic and private charity, indust.ry and frugality, honesty and punctuality in their dealings, sincerity and good humor, and all social affections and generous senti- ments, among the people. 

New Hampshire had a strong provision of the same kind: 

ENCOURAGEMENT OF LITERATtrRE, ETC. 

SEC. 83. Knowledge of learning generally diffused through a community, be- ing essential to the preservation of a free government; spreading the oppor- tunities and advantages of education through the various parts of the country 

being highly conducive to promote this end, it shall be the duty of the Legis- latures and magistrates, in all future periods of this government, to cherish the interests of literature and the sciences, and all seminaries and public schools. 

I will read from the ancient act of organization of the State of Pennsylvani~ what that great State did upon this subject, and show how 

far back this power had its origin. This was in 1683. The frame of 

the government of Pennsylvania which was begun at that time, in the 

tenth article .Drovides: . 

X. That the governor and provincial council shall erect and order all public 

schools, and encourage and reward the authors of useful science.s and laudable inventions in the said province and territories thereof. 

As I observed awhile ago, there were some of the States that had 

not got to this advanced ground. There were some of the States in 

which it was still held in serious debate at the time the Constitution 

of the United States was being formed as to whetheritwasalegitimate 

duty of a State government, or any government, to incorporate into its 

constitution compulsory requirements upon the legislature that they 

should embark in the project of education, free of expense, to the children of the country. They believed in the private school, the academy, 

the co1lege, the old-field school, if you please; and whether they were 

right or whether they were wrong, their convictions upon that subject 

at that time were just as honest as ours are now. 

Here, then, were the thirteen States met in convention and ordaining 

a general National Government, some of which had adopted the common-school system in their States and others had not reached that 

point of public opinion and had not public schools. How were these 

States to be reconciled together in the conferring of power upon theNartional Government that should have the discretion to break down their 

constitutions or put measures of legislation into the body of their statutes for the encouragement of common schools? No, sir, that idea was 

no II)ore entertained in that constitutional convention than the idea of 

the dissolution of the Union is entertained in this Senate at this very 

moment; and we do serious injustice to history when we undertake to 

assume. that those delegateB from the different- St.:'\tes organized the 

Government of the United States with the slightest reference to common-school educaaon in the States. They organized it with as much 

reference to State penitentiaries, and State public roads, and State 

lunatic asylums, and State poor-houses, as they did in reference to 

State public schools. These matters were left where they rightfully 

belonged then, in the hands of their natural guardians, the local governments of the various States, wherein they have been successful beyond human expectation, and from whose attention the most beneficent fruits have been yielded. 

I am opposed to breaking up that arrangement. I am opposed to 

usurping that po,wer. I am opposed to interfering with each State in 

the exercise of its rightful reserved powers. I know mischiefwill come 

from it, not merely in the importation into our systems of legislation 

of features of violent usurpation, but I know that the retroactive effect 

upon the schools them~elves will be to cause them to rely upon the 

strong arm of the Government of the United States, and to dissociate 

them entirely from a reliance on that home and domestic government 

to which they rightfully belong; which inspires them with all their 

strength and will be the cause of all thell: usefulness. 

In Alabama. education is made a part of the State government, an 

element of its autonomy, and I do not feel disposed to enter upon any 

legislative experiinent here which requires the people of my State to 

alter their State constitution before they can avail themselves of its advantages: I think the people of Alabama, in convention, understood 

better their constitutional needs, to say the least, than I do. I think, 

moreover, that in the affections of their noble representatives in their 

Legislative Assembly they have quite as warm a feeling for the rising 

generation, quite as generous an impulse for their former slaves, quite 

as wise a discretion as I might be able to exercise through the powers, 

if I had them, as a United States Senator, to regulate common schools 

in Alabama. I defer to the Legislature of Ala bam a as being th~ tribunal 

best fitted to accomplish the great result of the education of the people. 

I .did not come here with an idea that my commission included any 

such opportunity or power as this, and I am loth to attempt to exer- cise it. I read from the constitution of Ala.bama: 

SECTION 1. The General Assembly shall establish, organize, and maintain n. system of public schools throughout the State, for the equal benefit of the chil- dren thereof between the ages of seven and twenty-one years; but separate schools shall be provided for the <·hildren of citizens of African descent. SEc. 2. The principal of aU funds arising from the sale or other disposition ot laqds or other property whlch has been or may hereafter be grn.nted or in- trusted to this State, or given by the United Stat-es for educational purposes, shall be prese~·ved inviolate and undiminished, and the income arising there> 
1888.- CONGRESSIONAL RECORD-SENATE. 793 

(rom shall be faithfully appli~d to the specific objects of the original grants or o.ppropriations. -

Onr State constitutional convention, doubtless with a view of establishing confidence amongst the people of the United States that were 

looking at them with interested curiosity to see what they would do 

with negro education, put it into the body of their organic law that all 

the funds which might come to them from the United States should be 

held as a sacred fund, the increase, interest, oraccumulationsofwhich 

alone should be applied to the purpose of common-school education. 

Now, I take your gift here-for that is what it is called-before the 

Legislature of Alabama and a.sk them to accept it, and instea.d of reserving it to the State as an endowment fund I ask them to go on and 

distribute a gift from year to year during eight years amongst the children of that State. The question arises at once, what authority have 

they to do it? Congress can not confer upon them powers as legi~lators 

within the State. This law does not help their powers in the slightest 

degree. What are they to do with it? Our constitution, that they are 

sworn to support, commands them that it shall be made a permanent 

fund, and-only the interest and accumulations of it shall be expended 

for the benefit of education. 

I solemnly believe, sir, that this gift, should it ever unfortunately 

reach the hands of the Legislature of Alabama to be disposed of, would 

be considered money or property given by the United States for educational purposes, and that our legislators would find themselves constrained to preserve that fund inviolate and undiminished, and that the 

income arising therefrom should be faithfully applied to the specific 

objects of the original grants or appropriations. I believe they can go 

no further than this until the State constitution is amended. 

On examination I find a similar provision in the constitution of Mississippi, and of Florida, and of South Carolina, and Georgia, and perhaps other States. 

Jt is a gift, or it is not. The honorable Senator from Missis.-.ippi 

[Ur. GEORGE] who has been a warm supporter of this bill, and I might 

say, without the least :Battery to him, its ablest supporter on the :Boor 

of the Senate, in a debate held with me during the last Congress upon 

this subject announced that the bill madJ:l a pure giH from Congress 

to the State, but upon condition-so bseq uent. Therefore it is a gift, a gift 

of money, and the constitution of the State of Alabama, whenever 

that gift comes within the reach ofher legislative power, provides and 

requires that it shall be held as a capital fund of which alone the interestshall be used. That provision of the State constitution evidently 

had no reference to a gift Jike this, to be followed up and administered 

under the direction of acts of Congress. 

I find another difficulty of a legislative character in the administration of this measure. The fiscal ye:'trS in the States differ from those 

of the Federal Government; our fiscal year in Alabama, in respect to 

the school fund, I believe, commen<:es on the 1st day of October and 

runs to the last day of next September. Unless we should change that 

we can not keep pace with the requirements of the act which requires 

that the expenditure of ~he money, and all concerning it, shall have 

that periodicity which belongs to the fiscal years of the Government 

of the United States. 

Nor is this difficulty removed by the fact that each State must enact. 

this bill as a law of the State. And, by the way, I will remark, in support of a statement I made at the outset, that in the growth of this 

bill I have found that, until it was put in the bill that was introduced 

at the last Congress, there was no provision in any of these bills, or in 

any of the reports made by any of the committees that have acted upon 

them, requiring that the States should adopt this legislation by a bill 

or otherwise. This provision never appeared until it came up in the 

last Congress. In the bill (S. 151) iatroduced December 5, 1!::!83, and 

the bill (S. 194) introduced December 8, 1885, this provision was not 

found. 'rhese ~rlier hills were reported back and discussed and passed 

by the Senate, and did not contain the provision that I refer to. None 

of these bills until Decembel' 8, 188~, contained the provision which I 

will now_ read: _- · 

Provided, That no money shall be paid to a State, or any officer thereof, until 

the Legislature of the State shall, by bill or resolution, accept the provisions of 

this act, and such acceptance shall be filed with the Secretary of the·Inlerior. 

I spoke of the growth of usurpation here; I spoke of the march of 

invasion against the rights of the States. Here we find that the authors 

and the promoters of this bill had it in their hands from 1881 until1886, 

and reported it back to the Senate three times, omitting the provision 

to which I have referred. How did it find its way in, then, and who 

moved it? It came in because those men who believe that the generalwelfare clause in the Constitution gives to the United States Government the right of supreme control of education in the States found it 

necessary tO their purpose to support their position by putting that provision in the bill. What have we got to do "by bill or resolution?" 

Your State Legislatures have got to accept what? The gift of money 

under the provisions of the bill. These provisions must receive State 

indorsement and State acceptance. Yon must re-enact this bill in your 

State Legislatures, and after you have thus re-enacted it yon have a new 

law for your State, and that new law is this bill, and whatever antecedent law there may be in the State that stands against the principles 

of this bill or 3oo-ainst its provisions is repealed by the enactment of this 

bill into a law. I thought there was humiliation enough in the fact 

that the State must have a system of free schools in order to receive this 

money, and that was all that was required until the bill of 1886 was 

brought in. Then it was required that the. State Legislator~ should, 

by bill or resolution, re-enact this bill and make it a law of the State. I 

contend that Congress in doing that, has invaded the rights of the 

States beyond question and in the most serious manner. It has presented a fat.:'l.l alternative to the States. 

Uore than that, there is coercion in the diversion of their money, 

collected by taxation out of their people, to another State in the event 

that. any of the States refuse to receive what belongs to them under 

this bill. Why should it have been deemed necessary to compel the 

States to accept the provisiQ.ns of this bill by acts of their Legislatures? 

It was thn.t there might be absolute security that whatever law might 

be found in the legislation of tb.e State that was in the slightest degree 

antagonized to t}le provisions of this bill should perish and be repealed 

by this superior act. This law foists the will of Congress upon thirtyeight States, without invit~tion, consideration, or debate on the part 

of :my of them, and 'thrusts into their statute laws provisions that are 

repugnant to many of their ena-ctments. It puts up $79,000,000 as a 

reward to the States that submit to this intrusion, and punishes the 

non-conforming States by depriving them of all benefit under its provisions. -

We appropriate money to a State on condition .that it will accept 

the law giving the money, by a legislative act, and upon condition 

that it will apply the money in accordance with the act, failing in 

either the money is taken from that State and is given to other States. 

If such appropriation is made i.n puF6Uance of a power of Gove:nment, and if the purpose is governmental, can we make the executiOn 

of the law to depend upon some ~ct to be performed by the State, or 

upon the decision of an executive officer, the Secretary of the Interior? 

If we can do this ln the instance which this bill provirles, where our r 

power is at least doubtful, why may we not do so when the power of 

Congress to deal with the subject is clear? Could we deny the mails 

to States that would refuse to build post-offices, or national banks to 

States that refused to pay their revenue taxes, or to. pass laws exemptin()' their officers from militia duty or from working the roads? 

Could we refuse Federal courts to States that would not furnish them 

houses to sit in, or that would refnse to pay the costs of judicial proceedings instituted to preserve the peace, or to improve the morals of 

the people or the security of property? 

Our power in legislation can never be complete when the consent of 

a State is necessary to the operation of a la'Y within its borders, unless 

the Constitution has so provided. 

Our power is suprmne, and it is either capable of pexfect execution 

or else the power does not exist. When we give to the Secretary of 

the Interior the power to suspend the law, to declare that its purpose 

is not accomplished in a particular State, that the law shall not operate there, but is suspended until Congress shall otherwise direct, _ 

our thouO'hts naturally revert to the Star Chamber. We give to him a 

power to

0

suspend the Jaws that the President can not exercise in virtue 

of his office. 

The Secretary by this bill is required to do certain acts by which and _ 

under which, on an ex parte examination, the money is either to be paid 

to a State or divel'ted irom a State, e,nd the school system, though it 

may be in the full tide of successful operation and expanding so that 

it would consume more than $2,000,000 annually in the-State of Alabama, can be stopped at the mere pleasure of the Secretary of the Intei·ior, he determining that the State has not done its whole duty in 

compliance with the provisions of this act. That suspension continues, 

beyond the power of the President to remove it, for the Secre~ry of 

the Interior reports, not to the President, on these matters, but to the 

Congress. That suspension continues, and the State is deprived of her 

rights until Congress shall otherwise order. 

Now, sir, I happen to be one of those Americans who believe that a 

·great and sacred part of our Constitution consists in the fact that no 

power is given to any officer of the United States Government, even to 

the President, to suspend the laws. Our fathers when they met in 

convention remembered the Star Chamber; they remembered that the 

King of England and his council took upon themselves the authority 

to suspend the laws of the realm; and so remembering they did not 

delegate to the President or to Congress the power to suspend the laws 

otherwise than by a repeal or suspension of them in due form, according to the Constitution, by a legislative act. Here we give to the Secreta.ry of the Interior in this bill the power to suspend the operation 

of this statute in one or more States, or in all, as be pleases. He can 

thwart the will of Congress; he can prevent this money from finding 

the children who are starving in a moral sense, as it is said, ior the 

want of education. The power of suspending the law is given to him 

in this bill, and I have never yet seen the exigency where I would vote 

for such power as that to be lodged in the hands of any man. 

Why, Mr. President, I da not see why you have not the right to say 

to me on this floor, "Your State shall not enjoy any part of this money 

unless you vote for this bill," just as much as you have a right to say 

to the State of Alll.bama, "You shall not receive and enjoy your part 

of this money unless you accept this bill by an act of the State Legislature and make it the law of the State." 

When we give t.o the ~ectetary of the Interior the power to suspend 

... 
794 CONGRESSIONAL RECORD-SENATE. JANUARY 30, 

the law, to declare that im purpose is not accomplished in a particular 

State, that the law shall not operaty there, but is suspended until 

Congress shall otherwise direct, we g1ve him a power that militates 

against State independence. ThereJa.nothing remaining to be done to 

get up a war of extermination, as you may call it, between the Federal 

and State governments. 

A State refuses to receive the gift; what is that? It is not nullification, perhaps, for a State to stop the enforcement of the law within her 

borders, because the law itself provides for the annulling of the act in 

certain contingencies. -

It is an admission by Congress that it has not power to enforce the 

supreme law against the consent of a St.ate. 

Suppose a majority of the States refuse to receive this gift, you then . 

load in this enormousappropriation upon a minority of the States; and 

what does the refusal amount to? Not'only a suspension but a repeal 

of the law as to the particular State, for if a State does ·not give its legislative consent to this bill, it is not entitled to receive any of the 

money, and that is made a condition-precedent to its receiving any 

money under the law. If, therefore, a majority of the States of this 

Union refuse to accept this gift and refuse to make ~he law that it is 

provided here that they shall enact, what becomes of your measure? 

Either the law is abrogated or a minority of the States get the whole 

of the $77,000,00~. Suppose they all refuse except Rhode Island, 

what becomes of it then? Rhode Island would h.we more money voted 

to her here, if it were paid in the dollars of our fathers, than would 

'cover the soil inch by inch. 

If the gift is refused by States, the bill confers the money on those 

States that consent to take it. Is that legislation in conformity with 

the spirit and principles of equity that belong to the exercise of the 

delegated powers given by the Constitution to the Congress of the United States? It is a shameful perversion of that spirit; it is legislation 

which makes it not only possible, but entirely probable that this law, 

instead of educating the children of the country, will be found a fruitful source of discontent and strife amongst the States. 

The Secretary of the Interior, for reasons inscrutable, we may saycertainly not subject to examination by any human being-refuses to 

Alabama her share of the money in a given year and gives it to Georgia. 

How could there be anything else than bitterness and hea.rtburning 

between Geor~ia and Alabama? The Secretary of the Interior, who 

wants to make a State Democratic that is now Republican, refuses to 

give to another Republican State, that he does not think he can convert, 

its share of the money for reasons that he need not state until Congress 

assembles. Your law says he can do it between now ::tnd November, 

and Congress does not meet until December, ::tnd by that refusal he can 

pile the money into th~ doubtful State through the agency of the schoolmaster, and convert that State politically. Such an unlimited, unrestricted, unguarded, unjust power was never before vested in any man 

to control such sums of money as are placed in the hands of the Secretary of the Interior by this measure. Sir, it was a desperate strait which drove these gentlemen to this attitude in order to get some method of executing this measure which 

would compel the St..'ttes to accept it. This option of the States to withdraw :consent to this act of Congress is more nearly like secession than 

anything I have seen since that unfortunate event passed away. When 

the States by their mere silence, and without even a declaration on 

their part, can thus defy the law of the United States, eleven of them, 

or twenty-two of them, or thirty-seven of them, and thereby compel the 

law to be abandoned throughout their territories, it -looks strangely like 

secession by masterly inactivity. Under this bill the States, any of 

them, can snap their fingers in the face of Congress and say to ns, ''You 

claim that you have got legislative power over this subject; you claim 

that your legislative pqwer, wherever you exert it, is supreme. What 

becomes of your supremacy when "'e, by refusing merely to enact a law, 

can defeat your law absolutely, not its purpose merely, but destroy the 

whole le~slation ?" . I am not willing, Ur. President, io offer the inducement of a large sum of money out of the Treasury to influence and compel Alabama to 

accept this bill and to enact it into a law. It has been said that Alabama has virtually accepted this measure in advance. I deny it. Alabama has passed no l~w or resolution which looks to the acceptance of 

this measure. I do not believe that Alabama will ever accept it. I 

will state some of the reasons for this belief. 

The bill consolidates the school funds of the State with the contribution by the United States as to its administration. It does not expressly 

do so in the body of the act, but that is a necessary result. Are we to 

have two administrative systems in Alabama, two sets of teachers, two 

sets of schools, a separation of accounts, or is this money f<> go into tpat 

State to be nsed in common with her State funds? Which is it? 

Your bill does not provide for a separate administration. The State 

by accepting this' bill does not commit itself to a separate administration. Therefore your school fund is consolidated with the Alabama 

school fund, and both must be executed in accordance with the will of 

Congress. Whatever differences may have existed or may exist in the 

opinion of Alabamians and their Legislature in respect of the proper 

administration of money taxed out of their own people for the education of their own children, when they a~cept this bill they give up these 

differences and they agree that the entire fund shall be administered 

as a consolidated fund under the laws of Congress. Thus in the sweep 

of its aggression it wipes out the State laws without leaving a mark 

upon the record to showwherea State statute regulating the education 

of the children of the Sta.te had survived this invasion. 

In Alabama there is no discrimination between the races in the school 

system, but there is a difference in the rates of salaries paid to teachersa very small difference, and one that is entirely just. I will illustrate this. 

In Dallas County, for instance, which ha.ppens to be the county of my 

residence, $1,843.30 was paid to the teachers of white schools::tnd $11,- 043.76 to teachers of colored schools in 1885-'86. The number of schools 

was 19 white and 81 black . . The school attendance was: Whites, 460; 

negroes, 2, 746. The average length of school days was: Whites, 64; negroes, 73. The instruction is: 

Or~\i.it~~:..=............................................. ..................... ............................. 536 

Negro ....................................................................................................... 3,321 

Reading: 

White ............................. - ....................... ............ ...... ...... ...... ................. 482 Negro ...... ......................................... ; ..................................................... 2, 474 Writing: White................................................................. ....... ..... ........................ 451 Negro ..................................................................................................... 1,842 

Arithmetic : White..................................................................................................... 433 Negro .............. ...................................................................................... 1, 910 Geography : • 'Vhite...................................................... ........................... .................... 334 Negro ..................................................................................................... 1,592 

Grammar: 

White ........................................................................ :............................ 254 Negro.......................................................... ........................................... 695 

Algebra: White............................................................... ...................................... 69 

Negro..................................................................................................... 000 

It will be seen that the comparison runs through until you get to 

grammar, when the whites na>e 254 and the negroes 695, and in algebra the whites have 6!) and the negroes none. Why does that occur? 

I suppose because the ambition of the 11egroes in Alabama has not led 

them into the study of algebra very largely. It is therefore entirely 

natural that the teachers of the white children, who have a different 

kind of ambition, should be paid a little higher salari~s, because they 

are able to teach algebra. 

The enrollment fn Dallas County for the same year is whites 532, 

negroes 4,891, total 5,423. Attendance, whites 4GO, negroes 2,746, 

making the total 3,206, leaving only 1,685 < hildren of both races between seven and twenty-one-the school a1:_e in this bill is ten and 

twenty-one-who did not attend school. This defiCit is accounted for 

by the girls who marry at sixteen years and upwards, the children under ten years of age, the sick, and those who are compelled to work in 

the service of their parents, who generally leave school between twelve 

and fourteen years of age. 

Evidently Alabama could only use double the sum now employed in 

common schools in Dallas County, either to double the length of the 

school term, making it one hundred and forty-six days, or to double 

the salaries of the teachers, making them $25,77 4.12, instead of half 

that sum. S..:lventy-three days out of a crop is a large item in a cotton 

country. One hundred and forty-six daxs would ruin a crop.' With 

twenty school days to the month, seventy-three days are three months 

and two-thirds, and one hundred and forty-six days are more than 

seven months. 

I state these figures to show the equality of races under our laws in 

the use of the school fund as it is distributed in Alabama, and that increased taxation is not necessary in the maintenance of public schools 

in that country, or the preservation of the health or the morals of the 

country, or the saving of" the liJe of the nation." 

I believe further that Alabama, will object to the increased State taxation this bill will force her to impose upon her people; and here I beg 

leave to state it as my firm conviction, drawn from speeches made in this 

debate as well as from the text of the bill itself, that one of its main 

objects is to compel the States to tax themselves more than they are doing now for the purpose of educating the negro race. 

Gentlemen who think they know the negroes better than we do would 

do well to inform themselves in regard to this matter. Those who, 

having been str~ngers to them through their lives, fancy that some 

sudden spurt of emotion or springing up of affection more nearly allies 

and endeaTs them to the negroes, or the negroes to them, than we who 

have grown up with them, who have been nursed by them and who 

have had them in our families, are making a very serious mistake. 

Those who suppose that the -white people of the South have not that 

benevolence and charity which is requisite to br.ng up any population 

among them into civilization and enlightenment simply do not understand our people. 

Those who undertake to coerce us into higher taxation than we are 

now enduring, surely have not Uhderstood, they surely have never 

read the bitter histories of the past twenty years. They have not con- templated those people prostrated by devastating war, struggling to 

their feet and building up their institutions with such sacri.fices of 

comfort, such diligence and attention and self-denial as no people in 

this world were ever called upon to practice before, and as none have 

ever had the courage to practice as we have done. 
1888. CONGRESSIONAL RECORD-SENATE. 795 

If they could but read the record of the dawning light which comes upon our Southern States from the dismal recesses of the past, and if 

they could seehow, withexpanding and Christian benevolence, wet~~k 

in hand these people who have been turned free by the changes m 

political events, they would begin f.:o realize that the me~ and women w h_o 

have been engaged in the restoratwn of the South to 1ts pPesent condition are of all the people who have existed in the annals of time, to 

be most' commended for their courage and for their generosity. They 

had better let us alone, if they are the real friends of negro civilization. If they feel that we are not treating the negroes prope-::ly, we will bid 

the negroes an affectionate, hearty good-by, and tell them to go to 

New Hampshire or any other Northern St-ate and find homes among 

people who are willing to tax themselves and undergo what we have 

had to undergo in order to build up their civilization to its present 

standard. I commend them, if they are benevolent, to be benevolent 

at their own expense and not with money taxed out of my people to 

gratify their whims and caprices. Nor is it an inflated, unnatural, and 

empty benevolence that the negro needs, expressed in words of pretentious sympathy, or in advice to attempt to rule where he is scarcely 

qualified to obey with intelligence. He needs friends who understand 

him. 

Let us see how. this plan will work in Alabama during the eight 

years that the bill is to operate. Alabama now expends $527,319.88 

for school purposes. The first year under the bill the State tax will be 

$527,319.88, the figures I have just stated; the United States funds received will be $486,240.84, making the aggregate $913,560.72. 

The second year the State tax will increase to $694,598.81, the United 

States funds will be the corresponding amount, making n. total for school 

expenses, $1,399, 197.60-quite double all the other expenses of State 

government in Alabama, iB.cluding the payment of interest on htr public debt. 

The third year, the culminating year, the State tax will be $1,041,- 876.55; the United States will give the same amount, and the total ex- pended for educational purposes in that State in the third year of the 

reign of this bill will be $2,083, 753.10; and that in a StatP. which finds 

itself comfortably off and well officered and well cared for by an ex- penditure of less than $600,000 a year in the payment of all its State 

expenses, including the interest on the public debt. What a spectacle 

of benevolence for the reformers to shout over, the State of Alabama 

conducting all of p.er great enterprises and managing her government 

with an expenditure of less than 5600,000 a year and expending within 

her borders $2,083,753.10 for education! 

Mr. HARRIS. In that connection I should like to ask the Senator 

from Alabama if the people of Alabama will not be compelled, in order 

to obtain the third installment, to more than double their own taxation? 

Mr. MORGAN. Yes; it runs up from $527,319.88 to $1,041,876.55 

in the third year. 

Mr. HARRIS. And failing to increase their own taxation, would 

they not forfeit under the bill all of the surplus over and above the 

amount they did so collect? 

Mr. MORGAN. That is the express provision of the bill; nobody can doubt it. 

Now, we have here established a national grand standard of education in the State of Alaba-ma which requires the expenditure in that 

State from some source or other of $2,083,753.10 . annually, or else 

that we shall relapse into the disgraceful condition of a peo}>le who, 

having been assisted up to this high plane, find themselves unwilling 

to supply the taxes to keep the schoolS up to the standard, and commence sinking and retrograding. Of course, having once accepted 

this Jaw, the States would be bound in honor, and by theil· own enactments, to tax themselves to keep up to that plan; and ·how would 

it run then? • 

The.fourth year the State ·tax in Alabama would be $1,180,752.97, 

the United States fund being $903,000.13. 

· The fifth year the State tax would be $1,319,672. 73, the United 

States fund being $764,080.37. 

The sixth year the State bx would run up to $1,458,592.50, the 

United States contribution being $625, 160.60. 

The seventh year the State tax would be 5:1,597,512.26, and the 

United States fund would decrease to 8486,240.84. . The eighth year the State tax would be 51, 736,475.37; the United 

States fund would have shrunk then to $347,277.73. . 

TheninthyeartheStatetaxation of Alabama wou.ld be $2,083, 753.10, 

and the United States fund would simply be wanting-no help-and 

then what would become of your system? So on to the end of the 

chapter, unless by that time the bill shall have produced the millennium, as it evidently is intended to do. 

Upon the United S:ates standard of school support thus applied to 

Alabama she will pay by State taxation to schools $9,556,801.07, and 

the United States will pay $5,348,475.87 in these eight years; and other 

States will be quite as much under thestrain of heavy taxation as Alabama. 

Georgia will have to increase her State taxation as follows: The sec- ond year she will have to increase it$183, 605, the third year $602,337, 

the fourth year $438,84;1:, and so on down, making an increase ~f $1,-

591,994. 

Louisiana, the third year, will have to increase her State taxation 

$318,486. 

North Carolina, in the third year, will have to increase her State taxation $584,754. 

South Carolina, in the third year, will have to increase her taxation 

$464,332. The increase of tn.xation in the five Stat~s I have mentioned, to en- able them to secure the allotment for each year, _will be as follows: 

I ~l~bama. I North South Year. Georgia. Louisiana. Carolina. Carolina.. 

Second year .............. SJ67, 279 Sl83, 605 $62,314 $211,434 $165,57 4 Thit·d year ............... 514,556 602,2Zl 318,486 584,7"a4 464,33 2 Fourth year .............. 375,680 438, 8!4 216,018 435,446 34.5,2 99 

Fifth year ................. 236,700 267,3-52 113, 5-19 286,098 226, 265 

Sixth year ................. 1 97,840 99,856 11,080 136,770 107,23 2 

Total ............... ~ 1,35"2, 115 1,591, 994 721,447 1, 654,482 1,309, 70 2 

These are matters about which I did not propose to concern myself 

much in the argument of this case, leaving it to SenatOTs to ascertain 

and explain for themselves what the effect is to be upon their particular 

States. For one, sir, I will not consent that the State of Alabama shall 

be put under any coercion, moral or otherwise, or e>en a temptation, in 

eight years from the date of the passage of this bill to raise her State 

taxation for school purposes to the sum of over $2,000,600, adding that 

to her present necessities for the support of her government, and rais 

ing her annual State taxation to $2,600,000. Rich as we are, prosper 

ous as we are and hope to be, that is one thing our people can not af 

ford to do. 

If we do not tax our people in Alabama so as to ma.ke this fund available, other States will get our part of the money which can better bear 

the burden of taxation than we can, because they have no State debts 

to pay, o.r having them, they do not pay them. Our State expenditures 

for every purpose, including the interest on our bonded debt, are but a 

small fraction ahove the sums we now mise by taxation and pay ove.r to our schools. If yon will talw off the burden that will put $140, 

OOO,OOOsurplusrevenneinto the Treasury of the United States at the end 

ofthisfiscalyear, we will take careofourcommonschools. Weare doing 

that now in a way to put to the blush many of the older and richer States. 

If there was a common school open in Alabama in 1874, when the carpetbaggers were sh~ken off, I do not remember the fact, and I do not believe there was one, and yet our State taxes were very heavy. We have 

had to build a system up from that time. Our bonded debt under that 

regime was increased from about $5,000,000 to over$31,000,000insix 

years. We have had that to struggle with, and yet from 1874 to 1880 

we had educated 24.9 per cent. of the negroes from ten to twenty years 

of age. Now we educate over 56 per cent. of the negroes between the 

ages of seven a.nd twenty-one. If you will take the ages of ten to 

twenty, this percentage would increa,se to 70 or 80 per cent. That· is 

what we are doing for the negroes after all these calamities have been 

visited upon us. Now, let us see what is the weight of this burden of_ the surplus taxation upon the people of Alabama. which I ask you to take off and 

thereby enable us to go on with our work of State education. I as sume that the people of Alabama pay as much of this surplus taxation 

as any other people. They are an extravagant people. They consume 

as much of sugar and cloth as most people, and we are charged with 

using a large amount of whisky and tobacco. I dislike w admit such 

a charge, but our pockets get so light that I am compelled to admit 

there is something wrong; but we consume as much as any other peo 

ple in ~he United States according to our numbers. 

Of the $140,000,t)00 surplus that will be in the Treasury at the ena 

of this fiscal year, the 1,500, 000 people in Alabama pay each $2.15t per annum. 

The total sum paid by them to this surplus tax each yearis$3,230,' 

769. In eight years this will be $25,846,152. If this surplus is estimated even at $100,000,000 a year, Alabama will 

pay, in the eight years, $18,461,536- about one-fourth of the whole 

'3um included in this bill. The increase of Federal taxation which this bill alone will creat€, 

aside from all other considemtions, in order to get the $79,000,000, will 

cost the people of Alabama $1,846:144; so that the average she would 

actualJy receive under this bill would not exceed $2£3,777 ~er annum for the eight years, inste:ui of the sum of over a half million of dollars, a.s stated by the supporters of this measure. . 

This sum, left in the.hands of the people of Alabama, would enable 

them to increase their school taxation to $816,096. 88-:nearly double all 

the other expenses of the State; and that would be a large, permanent 

and reliable school fund. You say we will not do it, and therefore you 

will compel us to do it. That is the logic of this bill. You say that 

if you remit the taxes that bring this surplus into the Treasury of the 

United States we will not tax ourselves to promote the public schools, 
796 CONGRESSIONAL RECORD-SENATE. JANUARY 30, 

and because we will not do it you will continue to tax us to maintain 

the schools. That is what this bill means. I have already stated that I object to this bill because of the power 

it' gives to the Secretary of the Interior over the States, and the power 

it tz;ives him to suspend the law or to put it into operation at his will. 

I will state a summary of these powers as they are found in several 

sections of this bill, in order that it may go into the RECORD for the 

information of my constituents: 

In section 5, lines 7 and 8, the Secretary of the Interior is charged 

with the administration of this lawJ and he is made independent of the ~ President, and is required to report directly to Congress. 

By section-4 the governors of States and Territories are required to 

report to him. To do this the State Legislatures must authorize them 

to do so. So the States must re-enact this law, or enact others to con- fer these powers. 

By section 4 the Secretary of the Interior is to certify to the Secretary of the Treasury what States he finds to be entitled to share in the 

benefits of this act. 

By section 5 he makes monthly estimates ~d requisitions in favor 

of the States for the amount so apportioned to them. 

By section 6 copies of all school-books used in the States and Territories must be filed with him. 

By section 12 the governors of the States and Territories shall file 

with him detailed accounts of the disbursements ·of moneys received 

under this act, and of all balances in the hands of State officers, and 

detailed reports of the _operation of the ''public, common, and industrial schools." This includes all public schools, and no subsequent 

allotment can be made until these reports are made. 

If it shall appear to the Secretary of the Interior that the funds received under this act for the preceding y ear by the State or 'l'erriliory have been faithfully ap- plied to the purposes contemplated by this act, and t-he conditions thereof base been observed, tlien, and not otherwise, the Secreta ry of the Interior shall dis- tribute the next year's appropriation as is hereinbefore provided. 

By section 13 he reports to the President what he has done, but Lhe sta~ of facts on which he refuses the appropriation to a State, and all 

the complaints, he reports annually to Congress. What can the President do in the matter? 

This sweep of powers is greater and more serious and important in 

their effect-s than any that were ever given to a civil officer. They 

touch, with the hand of unfettered discretion, the sovereign States 

and the people in their most sensitive domestic relations. 'l he conditions to be performed by the governor before a State can receive any mo~ey under this act are us follows: 

SEC. 4. That no State or T erritory shall receive any money under this act nn til the governor the1eof shall file with the Secretary of the Interior a statement certified by him, showing: 1. The common-school system in force in such State or Territory. ~- The amount of money expended therein during the last preceding school year in the support of common schools, not including expenditure for the rent t·epair, or erection of school-houses. ' - 3. Whether any discrimination is made in the raising or distributing of the common-school revenues or in the common-school facilities afforded between the white and colored children therein, and, so far as practicable, the sources fron1 which such revenues were derived. 4 . The manner in which the same were apportioned to the use of the common schools. 

5. '.rhe number of white and colored children in each county or parish and city between the ages of ten and twenty-one, both inclusive, as given by the census of 1880, and the number of children, white and colored, of such sch-ool age attending school. 6. The uumbe.r of schools in operation in each county or parish and city, w hit-e and colored. , • 7. The school term for each class. 8. The number of teachers employ ed, white and colored, male and female, and the average compensation paid such teachers. 9. The average attenda~ce in each class, and the length of the school term. 

After the State has been admitted into the congregation of the elect 

by the Secret-ary of the Interior it must continue, during all the eight 

years, to send in through its governor reports of statistic..'ll nonsense 

and humiliating answers to questions that are the sheerest impertinence, 

in conformity with section 12, which provides: 

SEC. 12. That no second or subsequent allotment shall be made under this act to any State or Territory unless the governor of such State or Territory shall first file with the Secretary of the Interior a statement, certified by him, giv- ing- · L A detailed account of the payments or d isbursement-s made of the school fund allotted to his State or Territory, and received by the State or Territorial treasurer. or officer under this act. 2. And of the balance in the hands of such treasurer or officer withheld, un- clA.imed, or for any cause unpaid or unexpended. 3. And also the amount expended in such State or Territory, as required by section 9 of this act. 4. And also a statement of the number of school districts in such State or Ter- ritory. 

5. And whether any portion of such State or Territory has not been divided into school district~ or other territorial subdivisions for school purposes; and, if so, what portion and the reasons why the same has not been so subdivided. 6. The number of children of school age in eru!h district, and the relative num- ber of white and colored ch~ldren in each district, and of the number of public, common, and industrial schools in each district. 7. The number of teachers employed. 8. The rate of wages paid. 9. The number of children in the State or Territory. · . 10. And the total number taught during the year and in what branches in- structed. 11. The average daily attendance, and the relative number of white and col- ored children, 

e;;h !~~~f:i~t~k~r of months in each year schools have been maintained in 

. Well, Mr. President, that is the most extraordinary civil-service ex- amination that I have over known a State to be putt{), before it can 

be admitted to enjoy its own money raised from its own people for the 

education of'their children. 

Then follows what the States must do to get any benefit of this law: 

SECTION 1. * * * The Legislature of the State shall, by bill or resolution, accept the provisions of this act. * * * And if any State, by its Legislature, shall decline or reli nq uish its share or proportion under this act, or any portion 

thereof, the sum so relinquished shall go to increase the amount for distribution among the other States and 'I'erritories as herein provided. * * * 

By section 4-the State must provide a system of free common schools 

for all of its children without distinction of race or color, either in rais- ' 

ing or distributing of school revenues or in the school facilities afforded. 

Teachers, books, furniture, grades of classes, location of school-houses are all school facilities. .These must all bewithoutdiscrimination, and 

it must be so provided in the State laws. 

By section 8 the State must expend out of its own revenues, ..or out 

of money raised under its authority, a sum equal t{) that it gets under 

this bill. Anrl the States are held to forfeit their rights, under this law, 

that do not ''distribute the moneys raised for common-school purposes 

equally for the education of all the children, without distinction of race or color" (section 14). This is not possible tmder section 2 of the bill. 

Section 2 of this bill, if you will read the last clause of it, does not 

admit of the eqnal distribution of the money in the States between the 

children of different mces. It requires the money to be distdbut.ed in 

separate schools, according to the color of the school, whether it is 

white or whether it is black. I will not comment upon the first and 

second clauses of the second section of this bill. I leave it to some gentleman who does not live in a former slave State to do that, that he 

may be able to show how this bill in the last C,ongress of the United 

States was turned upside down by an amendment that was out on it, 

for what purpose I am not exactly a,ble to sta.te, but that changed the 

basis of distribution within the State as it had existed from the time 

the first bill was introduced down to the time thata1pendmentwas put 

in, on the 3d of March, 1886, changing it from a distribution within the 

State, upon a comparison of the illiterate people within the State with 

those of other States, to a comparison merely of the number Of children 

who were white with the number c,f children who were black between 

the ages of ten and twenty years, inclusive, in 1B80. 

Mr. BLAIR. The Senator will pardon me. I think he labors under 

a wrong impression as to the second section. It does not require a disti-ibntion among the schools according to the number of schools, but 

the language of the section is that the n:..oney-

. Shall be apportioned and paid out for the support of such white and colored schools, respectively, in the proportion that the white and colored children be- tween the ages of ten year'> and twenty-one years, both inclusive, in such State or 'I'erritory and in the District of Columbia bear to each other as shown by the said census. 

Not to be divided among the schools, but paid out for the support of 

the schools in the relative proportion of the number of children, white 

and black. 

.M:r. MORGAN. The Senator from Vermont [Mr. EDMUNDS] drew 

that amendment, and he explained it very elaborately in a. speech, and 

he explained it just as I have done. I do not care about going into it. 

Mr. BLAIR. The Senator from Vermont and myself were together 

when it was drawn. 

Mr. MORGAN. I do not propose to be drawn into a debate on that 

subject, but the Senator from -Vermont evidently understood what he 

wrote and he explained it just as I have done. 

There was but one feature of dist!ibutiqn in this bill, I remarked, 

until that amendment came into it, and I will read what that was. In 

every bill that was offered the1·e was only one feature of distribution: 

That such money shall annually be divided among and paid out in the sev- eral States and Territories in that proportion which the whole number of per- sons in each who, being ofthe age of ten years and over, can not read and write bears to the whole number of such persons in the United States; and until oth- erwise provided such compensation shall be made according to the official re- turns of the census ofl880. 

In every bill that was introduced that feature was brought in, and 

only that; no other basis of distribution in the State was mentioned 

but that; and the Senator frqm Vermont, on the 3d of March, 1886, 

introduced the second clause, which changes the basis of distribution 

in the State entirely and makes it a. distribution to correspond with the 

number of white children and the number of black children in the 

State, the money to be divided between the schools as provided iu the 

clause which he added to the bill. That I have nothing ro do whh. 

Mr. BLAIR. What was the Senator's remark? 

Mr. MORGAN. I say that is an argument with which I have nothing to do. I am representing a former slave State, and if I wanted to 

grab money under this bill I could vote for the amendment of the 

Senator from Vermont for the palpable reason that itwonld give money 

to the St-ate on the basis ofilliteracy on every negro in theStateabove 

the a.ge of ten up to one hundred years old, and when we come to distribute it we distribute it between the whites and blacks in proportion 

to the school population. Of course I would vote for that part of it i! 

I believed in making the grab. 
1888. CONGRESSIONAL RECORD--SENATE. 

I 1..--now of but one parallel to the power which the Congress is exer- - cising or applying in this bill, and tha is the jurisdiction which they 

exercise over the blanket Indians. They take them a.nd put them in to 

the Government school, and they seem to think that the whole United 

States should act upon a like basis in respect to education, and wher- ever they find a child who does not know how to read and write -by 

the time he gets ten or twelve yem-s of age, the Government must go 

out and capture him, and in some way or other hurry him to school. 

How they ever got their consent to omit the compulsory power of education from this bill I can not understand, but we shall come to tbat. 

We know that that is the next step in the progress of reformation. 

We know when they have got jurisdiction by the consent of the State 

to receive this money, the power to alter, amend, or repeal the law 

beingreserved, the next step necessarily will be compulsory education. 

The schoolmaster intends to take possession of the land, and this bill 

in the State of Alabama gives him control of $2,000,000 a year, when 

all the expenses of the judiciary and Legislature, and the payment of 

interest on the public debt, and all the expenses amount to less than 

$600,000. If they can not prove otherwise the p1·ogress of their work, 

by getting children into their schools by voluntary enrollment, I dare 

say the Senator from New Hampshire, when he becomes a candidate 

for the Presidency, will be here with a bill to compel the attendance of 

children in the public schools sopported by the Pederal Government. 

J\Ir. BLAIR. I beg to say to the Senator that I do not concede what 

he is speaking of. I am opposed to compulsory education. 

Mr. MORGAN. That is the only reason it hasnotgotin here. The 

Senator has got everything else in. I think that the school-book feature of this bill belongs legitimately to the measure. I can not understand why the Government of the United States should want to pay for 

a school without knowing something of the school-books used. The 

bill requires them to teach the English language instead of theGerman or the French. That is natural enough; bot if you can require tbem 

to teach English and certain branches of English, orthography, reading, 

geography, etc., why can you not require them to use certain books? 

If you require them to teach history, why can you not select the book? 

This power is perfectly legitimate if it is legitimate to vote money 

in aid of education, and may be exercised; and all this marshaling of 

school-books before the Secretary of the Interior will be merely for the 

purpose of informing the country that at last it is necessary to prescribe the school-books for the children. If we can give the education 

of the children, white and black, in the State of Alabama to the hands 

of the Senator from New Hampshire, we have a right to expect ot course that there will be a tremendous moral revolution in our social 

system. 

We might prefer some other kind of civilization than that elevated 

plane in which the Senator breathes and moves and has his existence, 

but we must accept what be offeTI~. Some of us might prefer a lower 

level because it is more natural and more comfortable to us. We do 

not want to be trained up to this clim-ax of high perfection in morality 

and in education to which the Senator desires to screw us up. I should 

rather that the school-book feature be left out, but I say it is legitimately here if the power to prescribe the curriculum is legitimately in 

t.his bill. If you were to strike it out the bill would still be as bad as it is now upon principle, though not quite so bad in practice. 

Now, what are the political fe;~.tures of this bill? They startle me, 

I confess. Here is the junior Senator from New Hampshire [Mr. 

CHANDLER] who brings a resolution into the Senate of the United 

States to 1nvestigate a municipal election in Jackson, :Miss. We search 

about for the authority in the Constitution and we do not find it; nevertheless a majority of the Senate vote the investigation. What for? 

Is it to punish anybndy? Is it to reform any body? Is it to protect 

the ballot? Is that the idea; to protect the ballot? I do not believe 

there is a Democrat on this side of the Chamber who recognizes the 

constitutional power of Congress to protect the ballot by investigating 

a municipal election in Jackson, Miss.; and if they have not got the 

right to do that bow can they have the right to purify the ballot by 

making a negro more c.apable of using the ballot by taking him to a common school and educating him? 

The senior Senator from New Hampshire [Mr. BLAIR] wants to protect the ballot by educating the negro. The junior Senator from New 

Hampshire [1\Ir. CHANDLER] wants to protect the ballot by taking the 

shotgun out of the bands of the white man. That is the proposition. 

Neither of them bas any power to interfere with it, because it is a 

State regulation, and they have got no more right to interfere with a man's vote in the State of Mississippi than I have a right to interfere 

with a man's going to church in New Hampshire. That is one of the 

reserved powers of the States-the right to control the ballot. 

Mr. HAWLEY. Let me ask, who is to vote for Representatives in 

C~ngress? 

Mr. MORGAN. The Representatives in Congress are to be elected 

by the people who are qualified to vote by State laws for the most 

numerous branch of the State Legislature, and that qualification is a matter that belongs exclusively to the States. 

Mi. HAWLEY. But I think theConstitutionsayssometbingabout 

the right of Congress to regulate the times. places, and manner of holding such elections. ' 

Mr. MORGAN. I know that clause, but it does not affect the right 

of the electors. 

J\Ir. HAWLEY. That does not affect the argument of the gentleman on the school question; but I want to have his argument sound on all things. 

Mr. MORGAN. I am nQt speaking of the manner of holding elections; I am speaking of the qualifications of the elector, and I say that 

it is a right reserved to the States to prescribe this qualification, and 

whether you quality him by educating him or in any other way, it is a State matter and not a United States matter. 

More than that, the complaints that are presente.d to th~ Secretary of 

the Interior, without reference to their quality, their terms, or nature, 

must, according to this bill,· be referre4 by him to Congress. They. mustcomehere, and when they come here they are in order; in order for 

what? In order for strife, for contention. The people of the Northern 

section of this country, thinking that they could help the negro by 

conferring upon him certain so-called civil rights, passed act after act 

giving him such rights and prescribing certain punishments against 

people who should interfere with those rigb ts. Trial after triaJ. occurred 

in the courts. Pinally, the cases comme~ced getting into the Supreme 

Court of the United States where unconstitutional laws were mashed 

by the weight of their authority, and Con~ess was left naked and un-· 

P!Otected in its efforts to enforce civil rights through the judiciary. 

Failing in that, finding that the Supreme Court of the United States 

would defend the Constitution and protect it against invasion or abuse, 

this bill brings these civil-rights trials directly from the Secretary of 

the Interior into the Senate Chamber. Why have these statistics, sent 

to the Secretary of the Interior, referred to the House and to the Senate? Why make that a compulsory duty upon the Secretary of the 

Interior if it is not a part of this bill to have the investigation of every 

complaint that is made by any man, white or black, or any woman or child in a Southern State against the teacher, or against the governor, or against the State government, brought here for trial before this tribunal? What good purpose would these reports subserve? What is- sues do they bring with them? 

Sir, there has been a constant effort in the civil-rights direction 

among politicians back to the day of the emancipatio1;1 of the negro. 

That is the political purpose ana the political feature of thifo bill against 

which I object most seriously and most earnestly. If there is anything 

that I :.would condemn above another it would be the hauling of these 

personal complaints made in respect to the distribution of this school 

fund into this Chamber as a source of strife between sections and as the 

basis of new legislation to be proposed in amendment to this bill. 

Are we, because we suppose there is a popular demand for this largess, 

for this immense sum of money to be distributed among our people, to 

bring the Si_ites as subject States and.force them to trial on this authorized investigation before this body? It is a total perversion of the 

constitutional authority of Congress. The Senate of the United States 

ought not to have, has not,. and can not have jurisdiction to hear and 

determine a complaint made by every man against a schoolmaster in 

the State of Alabama or against its governor. You usurp that power. 

It is true that it is not amongst the very vital powers of this bill, but 

it is amongst those fraught with mischief, and this bill, with this feat- ure in it, may well be named Pandora's box. It may well be called 

that Trojan horse which the Senator from Delaware [Mr. GRAY] so aptly t~rmed it the other day, and which extracted from the Senator 

from Mississippi [1\fr. GEORGE] the declaration that he would welcome 

any number of Trojan horses to Mississippi: if each had a million dolJars in its belly. I have no doubt of it. He said so and I take it for 

granted. 

The bonmable Senator from Maine [Mr. FRYE] had an idea about 

this bill that he mentioned in Boston in a very able and elaborate 

speech he made there. He was talking about the tariff, and it has always seemed to me that there is a. sort of bond of connection between 

this bill and the tariff. He says: · 

Who in this enlightened audience would object t-o spending $10,000,000 a year to educate the men who vote our tickets in this Republic? I voted against the last bill which appropriated $70,000,000. Why? Because I disliked some of the provisions of the bill; I feared it did not give security enough for the expendi- ture of the money; in fact, to be honest, I have not a great deal of the Massa- chusetts gush about the South in my heart. [Laughter and applause.] When men won't let their fellow-men vote, drive them away from the polls and mur- der them if it is necessary to keep them away, refuse to count their ballots after they are cast,I will not trust them with the expenditure ofmon e~ lo educate those voters any farther than I am compelled to. [Applausc.j I Wtll do them the justice to say that up to the present time, so far as I have examined, they have given a fair share of their money for the education of the blacks. ~ut if a white man is teaching a black school they will not permit him to go into the society of white men, not by any manner of means. · 

The Senator is mistaken about that. 

Under the Glenn bill they undertook to put men into the chain gang for a year, down in Georgia, because, forsooth, the professors in the Atlanta college, established by $150,000 paid in by Northm·n churches and Northern churchmen, 

educated their children at that school. 

I do not want to have that conflict. These complaints do not come here about Alabama, I believe. Even the honorablejuniorSenator from 

New Hampshire the other day, when he wanted to reform the whole 

South by having a commission sit on their right to vote, v:ery kindly 

omitted the State of Alabama. I am glad we are producing such a. 
/ 

... 

798 CONGRESSIONAL RECORD- SENATE. JANUARY 30, 

favorable i.tnpression on 'the Northern mind. But let me tell the Sen- ators 'exactly how we are doing it. We are doing it by attending to our own bnsinessand letting the business of other people alone. We have 

had remarkable success in it, and I think we shall have more if we keep on in this course. 1\Ir. President, I do not wish to deliver a lecture upon the negro. I 

believe I understand him almost as well as any man in the Senate. - I 

think I regard him with proper appreciation. I know he has a large 

hold upon my sympathies and my sense of justice. I would not do 

anything to degrad~ him or to prevent him from rising. I make contri- butions, as I have often done, to his elevation and pTomotion in every 

respect wher~ he is capable of doing anything or where his promotion 

is acceptable to the people. I would not make a negro a judge and 

put him on the bench of the United States in Alabama, though he 

might be as learned a man as any on that bench. Why? Because be 

would not be acceptable to the people. I doubt if he would be acceptable to Massachusetts, or Connecticut, or :Maine, or New Hampshire. There are a great many people that I would not put upon the 

bench, just as I would not put the negroes on the bench or in any 

otheT office, because they are not acceptable to the people. But let me tell you one t hing about the negro--

Mr. HoAR rose. The PRESIDENT pro tempm·e. Does the Senator from Alabama 

yield to the Senator from l\Iru;sachusetts? 

l\1r. MORGAN. Yes, sir. l'.Ir. HOAR. May I ask the honorable Senator from Alabama whether a majority of the people of his State are negroes or whites? 

:M:r. MORGAN. They are white. 

Mr. HOAR. What is the difference between the races? 

Mr. 1\IORG.A.N. I should suppose now about 100,000. 

1\Ir. ;HOAR. I suppose a capable negro judge, fit within th~description the Senator just gave, would be acceptable to all that portion of 

the people of AlabaiiL."l. who are negroes, would be not? 

1\ir. 1\IORGAN. Hardly. .A negro bas a way of believing that a white man knows more than be does. Perhaps the Senator would like 

to know where that idea came from. It is a perfectly natural ide.t 

with thenegro. In hisown country he is a slaveand always has been. 

Take the report printed by the Senate in the last Congress of a lieutenant of tbe Navy of his recent visit up the Congo 1,700 miles and 

hear what that officer of the Navy says about them. They are now 

there, and he witnessed their orgies of cannibalism; he witnessed their 

system of slavery; he witnessed what has beenknownaboutthenegroes 

since the first historian wrote of them. That is to say, the negro adopts 

slavery in his own country as the common law just as we adopt civilization. 

Mr. HOAR. I am sorry to interrupt the Senator. Does he quote 

that as an argument? • • Mr. MORGAN. Part of one. Mr. HOAR. To prove that the negro population in this country are 

unfit for civilization? 

1\Ir. MORGAN. It is not a question of citizenship. Mr. HOAR. I ask if that is the point? ~Ir. 1\IORGAN. That is part of it. I was cn1ling the attention of 

the Senator from Massachusetts to the fact, not an argument at allit is a mere dry, cold fact-that the negro in his own country has always 

maintained the institution of slavery and does it yet. Slavery is the 

common law of Afl'ica. When we brought them here, we brought them 

with that idea., we kept them under it, modifying it from time to time, 

according to our own civilization and our own Christianity, until the 

time emancipation came. It was really terminated by the condition of 

the negro up to which we had educated him. He took the adva·ntnge 

and was entitled to the advantage of all the education and civilization 

we had bestowed on him as a plea for his manhood, as a plea for his 

freedom, and he got it. Now- - Mr. HOAR. Will the Senator allow me to interrupt him? 

Mr. 1\IORGAN. In the time that we were 'training the negroes up we could not pay a proper degree of attention conformable to the institution itself to the parental relation. We would take a father of a family and sell him, and a mother of a family and sell her. Child after 

child we would take and sell. The family relation did not exist except in a merely partial way. It did not exist legally at all. They were in that condition up to the time of emancipation. The master ot 

the household bad in 'that seme the control, occupying the place of the 

father of the family. He furnished the clothing, be paid for the medical attention, the nursing, the religious training, and everything eL..~ 

about the family, not consulting the father or the mother as to what 

he did with the children in those days. He himself stood in loco 

pa1·entis as to the negro slaves. When they were turned loose, they were 

want.ing in that spirit of parental power and control which it is neces- sary they should have at the bead of a family in order to make it a unit 

of civilization. 

Now, my purpose is to supply that; my labors have been directed to 

it. I know that that is the point where the negro needs assistance; and 

in order to make the father the head of the family certain things must occur. He must have the responsibility of supporting the children. 

They must have the duty of parental obedience which belongs to that 

relation and grows out o it. He must ruive the ·moral control of the 

family. They must be unified by the cultivation of all the elements of 

family structure and parental control. I want to secure that. If you 

will take the negro children in my State and feed and clothe and ed- ucate them at public expense, I will warrant you that the fathers of the 

families in that country will degenerate to a condition far inferior to 

that which they held while they were in domestic slavery. If we want 

to do anything for the negro; if we are really his. friend, we will en- courage him to self-control, and we will develop in him all the powers 

of manhood that belong to and that are essential to the relation of parent 

and child, father and son. If I wanted to educate the colored children in this country properly 

I would put beforethemagood,just, proper, perfect school, but I would 

say to the father of that family, ''Before your children can enter that 

door, you being a man capable of labor, must take a little off your ex- penditures for tobacco and forwbis1..--y, and instead of working two days 

in the week and idling the rest of the time, you must work a little more, like the white people do, and furnish your money to the school, 

and when you have done that you shall be one of the incorporators of 

the school; yon shall be one of the managers; you shall have a father's care and a father's interest in connection with the teachers, and you 

shall go there and visit that school-room and see how your child is progressing.'' I would never think of contributing to the efficiency of the 

heads of families among the colored population of the South by relieving them of any of their parental duties and responsibilitie3. 

I do not believe we could do worse with $10,000,000 in .Alabama or $100,000,000 than to put it as a permanent fund for the education of 

the negro children in that country, thereby relieving the parents of all 

that they ought to do in trying to provide for the education of their 

children. I believe that education anyhow is safer in the bands of the 

fathers and mothers of the community than it is in the hands of out-

~ide people. I believe that one of the defects in our common-school 

system is thn.t we discourage the parent from taking any control of the 

school. If we would adopt a system which would invite them into the 

control of the schools I think the common schools would yield far better results than they are doing. 

Now, will the Secretary have the kindness, on this branch of the subject, to read a letter from an important gentleman in the State of Massachusetts, which I send to the desk. . The PRESIDENT pro tempore. The paper sent to-the desk will be 

read, if tblw:e be no objection. The Chief Clerk read as follows : 

MASSACHUSETTS AND THE BLAIR RILL-A LEADING EDUCATOR DECLARES THAT 

THE PEOPLE DO NOT FAVOR THE SCHE ME. 

To the Editor of tl:e E1:ening Post: Sm: I was at first favorable to nationa l aid to Southern schools in some form, 

b ut the more I watched the educational sentiment and the activity of the new South, and the more Irefl.ected upon the history of a ssistance from large fundsinstance, t he pernicious effect of the Con n ecticut W est-ern Resen·e school fundthe more I came to doubt the wisdom of Federal aid. In the first place, t he p eople of the South have awa kened to the necessity of 

public education, and they are nt work actively and successfully in the right di- rection. It is only throug h this public, active interest that a good system of schools can be either establ ished or m a intained . Secondly, the people of the Southern States are as able to establish their schools as any of the new Western States bave been or are t-o-day, and as well able also as any of the older States were at the beginning. The argument that those States 

formerly slave are poorer than they were before the war by the value of the 

slaves is fallacious, since a free man is worth more, and not less, than a. sla ve to any community. Thirdly,! feel sure that a large d istribution of m oney from the surplus in the 

Treasury would not all find its wa y into the school-rooms, but would be to a large extent frittered away in the course of the distribution, and that instead of a healthy em!Uation to see who will do best in establishing schools of their own, and thus attracting business and population, as they do in the West and a.re do- ing in the South, there will arise a pernicious strife to see who can gobble up the 

largest share of tho loaves and fishes. 

IAlstly, I oppose this move, as I do other innovations of similar injurious character, on the general principle that in this country it is the duty and the privilege of the individual to provide for himself and take care of himself; and it is not the duty of the Government to act the fond parent towards the people of 

this country. If the people can not take care of themselves, and if the Govern- ment must then take care of them, we reduce ourselves to an absurdity, since 

the Government is nothing but the expression of the people's will. 

There is no foundation for the statement that the people of l\fassachusetts 

favor this bill. They have never expressed themselves. People actively interested in the measure have indeed secured the passage of "resolutions" com- mitting, apparently, large bodies of infl.uential citizens in its favor. 1 This is so only in appearance. To illustrate: The Massachusetts Teachers' Association met in the fall of 1886. '.rhis subject was not discussed by the eight hundred or one thousand members at all. But at a meeting of the directors the last day, near the close of the meeting, when all but a d oze!l or twenty had left the haJJ, some one introduced a resolution in fa vor of n ational aid. Objection was made 

that the subject bad not been discussed, and that the few remaining memb&s were not authorized to act in t h is matter for the association. I have forgott en whether or not the resolution was adopted. If so, it r epres ents nothing but the 

hasty opinion of a majority of a. dozen or two of men. LMt Saturday there was a meeting of the directors of the American Instilule 

of I nstruction, a New England body of great antiquity. An indorsing resr>~ution was introduced and lost by a vote of 16 toll. Subsequently, after a lru[,-e part of the membership had gone home, it was brought up again a nd carT!e d 

against a vigorous protest. This resolution will doubtless be paraded to do 

duty as the expression of the American Institute of Instruction. That body hns not spoken at all; for the directors, even if they had been unanimous, h a.\'e not been authorized to act in th is matter; and what they may say carries with it 

only the weight which the movers have as individuals. 

The department of superintendence of the National Educational Association, 

composed of State, county, and city superintendents from, generally, three-- fourths of the States in the Union, met in Washington last February. This sub-
1888. CONGRESSIONAL RECORD-SENATE. 799 

iect was assigned to an evening discussion. The programme was made out, and all the time was occupied by the speakers, selected in advance 'because they appro\'ed the measure in almost if not quite every case. No free expression of opinion was had. But at the close, in a promiscuous audience, the resolution was presented Rnd declared adopted. '£here is no other evidence that it ex- pressed the opi nion of the members of that body. No one has the right to say that the teachers of Massachusetts favor the Blair bill, o r any other bill on that subject. And tho people of the State have not ex- pres.sed themselves on the question. Y ours. truly, 

O FFI CE OF SUPERINT ~DID'T OF PUBLIC SCHOOLS, 

Worcester, ltfa.ss., JanuaT1} 9. 

A. P. MARBLE. 

Ur. MORGAN. As that letter suggests, a great IllfLDY experiments 

have been presented to the nation. \Ve tried the Freedmen's Bureau, 

and that was a dead failure, at great expense and annoyance to the 

people and no benefit to the negroes. We tried the Freedman's Bank. 

That did not make them rich, but on the contrary it made rich a great many of the robbers who organized the bank, and we are now footing 

the bills by acts of Congress. 

This billis another gift to the negroes-a gift from the benevolence 

of Congress-and it is a gift which will destroy them, in my judgment. If you make it large enough and continue it long enough, you 

will take out of that race of people all the manhood they possess, and 

prevent their very best efforts in the South from making anything of 

them. 

Now, another view of this bill. This is the largest single appropriation for a civil purpose ever made in the United States or ever attempted. 

If we could dump into its capadous maw all that we have paid for 

Alaska, for our acquisitions from Mexico, for the Louisiana purchase, 

and for the fisheries awards, it would be scarcely half full. . 

We could purchase Cuba with this sum if it should be for sale. 

It would maintain an army of 80,000 men for a year in the field. 

It would require the labor for a year of 252,396 men, which means the living of 1,009,584 peoplo whom they support to be transferred 

from the producing classes to the professionu.l classes. 

I have not heard that the farmers and other producers of this coun- try are clamoring for this bill. It is the teachers mainly who get all 

ofthls $77,000,000 in salaries whose opinions compriw the great vol- ume of evidence, as it is called, that has been dumped into the record 

in support of this bill. . 

The arguments that have been made on the constitutional features 

oi this bill have bden judicious, sedate, able, exhaustive, and if it shall serve no other purposes hereafter this era of debate upon this bill will 

be referre:d to by men who desire to keep in balance the powers of the 

State and Federal Governments hereafter, as perhaps the very best development that has been made upon this subject, connecting the ideas 

which have been advanced and the arguments proven by experience 

established in the history of the country back to those of the fathers ot 

the country, and showing that our country has not lived in vain in respect to keeping in distinction the rights of the States as contradistinguished from the rights of the Federal Government; showing also 

that proudest fact which ever existed in the history of any nation in 

this world-that our system, above and beyond all systems that were ever devised by human agents, contains the elements of self-perpetuation; that it contains those supports essential to the local governments of this country, and the maintenance of a great confederation of 

republics; that it contains that which France has not, which France 

needs to make her a true republic, withoutwhich there can be no real, 

substantial, self-governing republican government. 

Ihre keep these States and the Federal Government in balance with 

each other, neither aggressing upon the rights, powers, and duties of 

the other, we shall establish not for ourselves only, but for mankind 

an example the influence of which can never be denied in favor of that 

wonderful system of government under which we have become the 

most wonderful people in our progress that ever existed in the history 

of the world. Our perpetuation is absolutely secure because we shall 

always stand by and maintain the jurisdiction and sovereignty of the 

States as it is fixed in the Constitution. I believe in frequent discussions and references to these distinctions. I believe they ought to be 

kept bright and alive in the minds of the people, and when we may 

have departed from our principles at any time and have seta badpreced en t, our first care should be adc,lressed to the removal of its evil effects. I quote from a speech made by the honorable Senator from Ohio 

[1\Ir. SHERMAN] in 1858, while he was a member of the House of Representatives, language and doctrines which meet my very heart;y approval. He said: 

A single evidence of the spirit and watchfulness of our fathers would save us from further encroachments. But we are told that the Senate hal!! sent loan bills to this House before. Well, if there have been precedents, I see no reason why we should continue to follow them. Instead of reference to the Constitution, we are referred to bad precedents. We may be referred to the Treasury loan bill, at the beginning of this session, which came to us from the Senate. I say that even a multitude of bad precedents does notl·epeal the Constitution of the United States. If so, then there is no safeguard, no virtue in the Constitution. It is the unalterable law of the people, and neither precedents, nor Presidents, nor Senates dare overthrow it so long as there is au independent House of Repre- sentatives to hold them in check. 

Perhaps I can not better further warn the Senate of the danger of 

ereating bad precedents by aggressive or permissive usurpation than 

by calling again to their admonition the warnil)g of General Washington in his Farewell Address: 

The necessity of reciprocal checks in the exert:ise of politicalpo'Yer, by divid- ing and distributing it into different depositones, and const1tutmg ~ach tho guardian of the public weal against invasions by others, has been evmced by 

experiments ancient and modern. To preserve them must be as necessary as to institute them. . If in the opinion of the people, distribution -or modification of the constitu- tion'al powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change br usurpation; for though this, in one instance, may be the instrument of good, It is the customary weapon by which free governments are destroyed. The pre- cedent must always g1·eatly overbalanc~ in p~rmanent evil any partial or tran- sient benefit which the use can at any t1me y1eld. 

Mr. President, I have said upon this question not all that might be 

said by any means. I have not run out the arguments that I set C?n 1 

foot to their legitimate conclusions in many instances, but I have sa1d 

all that I desire to say~ and I yield the floor in the hope that I shall never again be called upon to speak on the Blair bill. 

:Mr. EVARTS. Mr. President. I propose to speak upon this subject, 

and if no other member of the Senate desires to proceed with the argument, I am ready to proceed, but prefer not to go on at this late hour 

of the day. · Jtir. UORRILL. I move that the Senate go into executive session. 

:M:r. BLAIR. If before the motion is put I may be permitted to 

make an explanation, I would like to do so. Mr. MORRILL. I withdraw my motion. 

Mr. BLAIR. I observe cireulating through the press in all parts of 

the country a statement that an ex-justice of the Supreme Court bas 

expressed an opinion adverse to the constitutionality of this bill. That 

may be so, but I have taken pains to see ex-Justice Strong with refer- ence to an allegation, which of course was somewhat personal to hunself, that he bad practically consulted with a number of membel'S of 

the Supreme Court, and that the Supr~me Court was adverse to the 

constitutionality of this measure. A statement to that effect has ~en 

circulated in the press. 

I have consulted him personally, so that I might deny the statement 

authoritatively to those who seem to fail to understand the utter impropriety of such a thing; and I can say from his own lips that he has 

had no conversation at any time with any member of the Supreme 

Court in reference to the bill, and knows nothing of the opinion of any 

member of the court on the subject. 

Mr. VEST. Will the Senator be good enough to say whether Justice Strong did not state, as ~sown view, that he believed the bill to be 

unconstitntional? 

l'tfr. BLAIR. He did not. 

Mr. VES'l'. Mr. President--

Mr. BLAIR. If the Senator will allow me, I will state just what 

Judge Strong said to me. Hesaid he made no allusion what~ ertot_his 

bill in any address or in any lecture before the college of which he IS a professor. After his lecture was through on one occasion, one of the 

students asked him what he thought of t he constitutionality of this 

bill, and he said his reply was that he doubted .its constitutionality._ 

The ~enator will recollect that the same article stated that Ju."ltJce 

Strong was a strict constructionist, and said he "as more so than his 

Republican brethren, and I may say thatl have never heai:d f1:om a:oy 

Republican source whatever a doubt expressed of th~ consht~tionah.ty 

of this bill. There have been doubts expressed of Its propnety, of Its 

necessity, but neTer so fur as I know has any Republican expressed a doubt of the constitutionality of the measure. • While I am on my feet I will say that I now hold in my ha.nd the 

·memorial of the trustees of the Peabody fund, which was placed before 

Congress in the year 1880, which was transmitted by the chairman of 

the board of trustees, a very elaboratA report and memorial ,prepared 

by A. H. H. Stuart, U. R.. Waite, the present Chief-Justice of the Supreme Court, and Hon. William U. Evarts, in which they discnss on this very point the constitutionality of national appropriations for the 

benefit of t.he systematic education of .American citizens. ~ The memo- rial expressly declared in favor of large appropriations for the education of the colored race, and the substance of it is embodied in this resolution: 

Reso 1:ed, That it is expedient that this board should present a memorial to Congress, praying that it may grant such aid as may f:?e requ~red.to secure to the colored populati@n of the Southern States the educat1on which IS necessary to fit them for the discharge of their duties as citizens of the U nit.ed States. 

That is signed by Alexander H. H. Stuart, l'ti. R. Waite, William M. 

Evarts, Washington, February 19, 1880. It is _a very able document, 

and argues through several pages the whole sub.Ject. It would be well 

to print it for the nse of the people. 

Mr. REAGAN. Is it not the f:'lct that the gentlemen who made that 

report, while favoring appropriations, repudiated the idea t~at those 

appropriations should be followed into the States by CongressiOnal legislation? 

Mr. BLAIR. They make their argument, and they base it on the 

very ground that Democrats on this side of the Chamber have placed 

their support of this bill, that Congress has the power to make appropriations which through the instrumentality of the States may be applied to the education of the children within those States. 
I -

800 CONGRESSIONAL RECORD-SENATE. .J.A.NUARY 30, 

Mr. REAGAN. The point I was ealling attention tQ was that they 

repudiated the idea of following the appropriation into the States. 

Mr. BLAIR. I may again suggest w those who are arguing this in 

the newspapers and citing the courts, and I may refer Senators to the 

exceedingly able constitutional argument made on this question when 

he was a member of the Senate by the junior member of the present 

Supreme Court. 

Mr. MORRILL. I renew my motion. 

The PRESIDENT pro tempore. The Senator from Vermont moves that the Senate nroceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After fifty-seven minutes spent in ex- ecutive session the doors were reopened, and (at 5 o'clock and 27 minutes p. m.) the Senate adjourned until to-morrow, Tuesday, January 

31, 1888, at 12 o'clock m. 

NOMINATIONS. 

Executive nominations received by the Se'nate th0 30th day of Janum1J, 1888. 

REGISTER OF THE LAND OFFICE. 

Myron H.·Rowley, of Mitchell, Dak., to be register of the land office 

at Mitchell, in the Territory of Dakota, in place of George B. Everitt, 

whose term expired on the 15th of January, 1888. 

RECEIVER OF PUBLIC MONEYS. 

Knute 0. Harris, of Fergus Falls, 1\Iinn., to be receiver of public 

moneys at Fergus Falls, Minn., vice Lawrence L. Au~e, removed. 

LIEUTENANTS IN THE REVENUE SERVICE. 

Frank H. Dimock, of Massachusetts, to be a third lieutenant in the revenue service.of the United States, in the place of Third Liettt. Orin 

D. Myrick, promoted. 

John E. Reinberg, of the District of Columbia, to be a third lieuten·ant in the revenue service of the United States, in the place of Third 

Lieut. John L. Davis, promoted. 

PROMOTIONS IN THE ARMY. 

Tentl£ Regiment of Cavalry. 

. Second Lieut. Percy E. Trippe, to be first lieutenant, January 17, 

1888, vice Ward, dismissed. 

First Regiment of Artillery. 

First Lieut. John M. K. Davis, robe captain, January 14, 1888, tice 

Eakin, retired from active service. · Second Lieut. Charles J. Bailey, to be first lieutenant, January 14, 

1888, vice Davis, promoted. 

PROMOTIONS IN THE NAVY. 

Lieut. Harry Knox, a. resident of Ohio, to be a. lieutenant-commander 

in the Navy from January 2, 1888, vice Lieut. Commander Marcus B. 

Buford, resigned. Lieut~ York Noel, junior grade, a resident of Pennsylvania, to ·be a lieutenant in the Navy from January 2, 1888, vice Lieut. Harry Knox, 

promoted. 

Ensign Frank R. Heath, a resident of Virginia, to be a. lieutenant, 

junior grade, from Jan nary 2, 1888, t'ice Lieut. York Noel, junior grade, 

promoted. • Lieut. Chapman C. Todd, a. resident o(Kentucky, to be a lientenantcommanderin theNavyfrom November 9, 1886, vice Lieut. Commander 

Isaac Hazlett, retired. _ 

Lieut. Alfred Reynolds, junior grade, a resident ofin~iana, to. be a lieutenant in the Navy from November 9, 1886, vice Lieut. C. C. '.~;'odd, 

promoted. 

Ensign Horace M. Witzel, a resident of Wisconsin, to be a lieutenant, 

junior grade, in the Navy from November 9, 1886, vice Lieut. A. Reynolds, junior grade, promoted. 

Lieut. George A. Norris, a resident of Maine, to be a. lieutenantcommander in the Navy from December 13, 1886, vice Lieut. Commander Thomas Nelson, promoted. . Lieut. J. Marshall Robinson, junior grade, a. resident of New York, 

tQ be a lieutenant in the Navy from December 13, 1886, vice Lieut. 

G. A. Norris, promoted. 

Ensign Omenzo G. Dodge, a resident of Kansas, to be a lieutenant, 

junior grade, in the Navy from December 13, 1886, vice Lieut. J. M. 

Robinson, junior grade, promoted. 

Lieut. William H. Parker, a resident of the District of Columbia., to 

be a )ieutenant-commander in the Navy from December 14, 1886, m:ce Lieut. Commander William Welch, retired. 

Lieut. George H. Peters, junior grade, a resident of Pennsylvania., 

to be a lieutenant in the Navy from December 14, 1886, vice Lieut. 

William H. Parker, promoted. 

Ensign Albert G. Winterhalter, a resident of :Michigan, to be a. lientenant, junior grade, in the Navy from December 14, 1886, vice Lieut. 

A. G. Winterhalter, junior grade, promoted. 

Lieut. Joseph N. Hemphill, a resident of Ohio, to be a. lieutenantcommander in the Navy from January 26, 1887, vice Lieut. Commander F. McCurley, promoted. 

Lieut. Bradley A. Fiske, junior grade_, a resident of New Yor)!:, to 

be a lieutenant in the Navy from January 26, 1887, vice Lieut. J. N. 

Hemphill, promoted. 

Ensign John M. Orchard, a resident of Missouri, to be a lieutenant, 

junior grade, in the Navy from January 26, 1887, vice Lieut. B. A. 

Fiske, junior grade, promoted. · Lieut. Abraham B. H. Lillie, a resident of New York, to be a lieutenant-commander in the Navy from Janurary· 29,· 1887, vice Lieut. 

John McGowan, promoted. 

Lieut. Frank H. Holmes, junior grade, a resident of California, to 

be a lieutenant in the Navy from January 29, 1887, vice Lieut. A. B. 

H. Lillie, promoted. . Ensign Hiero Taylor, a resident of Illinois, to be a lieutenant, j nnior 

grade, in the Navy from January 29, 1887, vice Lieut. F. H. Holmes, junior grade, promoted. 

Lieut. John W. Stewart, junior grade, a resident of Maryland, to be a lieutenant in the Navy from March 1,18871 vice Lieut. Webster Doty, 

retired. 

Ensign John N. Jordan, a resident of Maine, to be a lien tenant, junior 

grade, in the Navy from March 1, 1887, vice Lieut. J. W. Stewart, 

junior grade, promoted. 

Commander John Crittenden Watson, a resident of Kentucky, to be a captain in the Navy from March 6, 1887, vice Capt. E. P. Lull, deceased. 

Lieut. Commander James G. Green, a resident of Massachusetts, to 

be a commander in the Navy from March 6, 1887, vice Commander J. 

C. Watson, promoted. 

Lieut. William T. Swinburne, a resident of Rhode Island, to be a lieutenant-·commander in the Navy from March 6, 1887, ?Jice Lieut. 

Commander J. J. Green, promoted. 

Lieut. Lucien Flynne, junior grade, a resident of Texas, to be a lieutenant in the Navy from March 6, 1887, vice Lieut. W. T. Swinburne, 

promoted. . . Ensign August F. Fechteler, a resident of New York1 to be a lientenant, junior grade, in the Navy from March 6, 1887, vice Lieut. Lucien Flynne, promoted. 

Lieut. John F. Parker, junior grade, a resident of Ohio, to be a lieutenant in the Navy from April 21, 1877, vice Lieut. J. W. Danenhower, 

deceased. [Subject to the examinations required by law.] 

Ensign Thomas M. Brumby, a resident of Georgia, to be a. lieutenant, junior grade, in the Navy from April 21, 1887, vice Lieut. J. F. 

Parker, junior grade, promoted. 

Lieut. Hamilton Hutchins, junior grade, a resident of New Hamp· 

shire: to be a lieutenant in the Navy from May 21, 1887, vice Lieut. 

C. H. Lycth, retired. 

Ensign Valentine S. Nelson, a resident of Tennessee, to be a lieutenant, junior grade, in the Navy from May 21, 1887, vice Lieut. H. 

H n tchins, junior grade, promoted. · Ensign Edward E. Wright, a resident of Massachusetts, to be a lieutenant, junior grade, in the Navy from May 21, 1887, vice Lieut. 

Charles H. Amsden, junior grade, retired. 

Lieut. Commander George E. Wingate, a resident of New Hampshire1 to be a commander in the Navy from May 26, 1887, vice Commander William Gibson, retired. 

Lieut. William H. Emory, a resident of New York, to be a. lieutenant-commander in the Navy from May 26, 1887, vice Lieut. Com- ma.nder G. E. Wingate, promoted. · Lieut. John M. Bowyer, junior grade, a resident of Iowa, to be a lieutenant in the Navy from May 26, 1887, vice Lieut. W. H. Emory, 

promoted. 

Ensign Albert Gleaves, a resident of Tennessee, to be a. lieutenant, 

junior grade, in the Navy from May 26, 1887, vice Lieut. J. M. Bowyer, 

junior grade, promoted. 

Lieut. Charles T. Hutchins, a. resident Qf Pennsylvania;to be a.lieutenant-comm.Jilldet in the Navy from June 30, 1887, vice Lieut. Com- manaer E. L. Amory, retired. 

Lieut. John C. Colwell, junior grade, aresidentofPennsylvania, to be a lieutenant in the Navy from June 30, 1887, vice Lieut. C. T. Hutchins, 

promoted. 

Ensign Selim E. Woodworth, a resident of New York, to be a lieutenant, junior grade, in the Navy from June 30, 1887, 'Vice Lieut. J. C. 

Col well, junior grade, promoted. 

Lieut. Seth M. Ackley, a resident of Massachusetts, to be a lieutenantcommander in the Navy from June 30: 1887, vice Lieut. Commander E. 

B. Thomas, retired. 

Lieut. William R. A. Rooney, junior grade, a resident of Pennsylvania, to be a lieutenant in the Navy from June 30, 1887, vice Lieut. 

S. M. Ackley, promoted. . Ensign James P. Parker, a resident of North Carolina, to be a lieutenant, junior grade, from Jnue 30, 1887, vice Lieut. W. R. A. Rooney, junior grade, promoted. · Lieut. Edward J. Dorn, junior grade, a resident of Missouri, to be a 

lieutenant in the Navy from June 30, 1887, vice Lieut. E. W. Bridge, 

retired. 

Ensign Henry C. Wakenshaw, a resident of New Jersey, to be a lieu-
1888. CONGRESSIONAL RECORD-HOUSE. 801 

tenant, junior grade, .iil the Navy from June 30, 1887, vice Lieut. E. J. 

Dorn, junior grade, promoted. . Ensign Benjamin W. Hodges, a resident of Mississippi, to be a lieutenant, junior grade, in the-Navy from J nne 30, 1887, vice Lieu t: R. H. 

Townley, junior grade, retired. _ _ . Lieut. William G. Gilpatrick, a resident of Kansas, to be a heutenant-commander in the Navy from July 1, 1887, '!Jice Lieut. Commander 

J. E. Noel, resigned (subject to the examinations required by law). 

Lieut. Bernard 0. Scott, junior grade, a resident of Alabama,.to be a lieutenant in the Navy from July 1, 1887, vice Lieut. William W. Gilpatrick, promote9-. . Ensign Herbert 0. Dunn, a r~ident of Rhode Island, to be lieutenant, junior grade, in the Navy from July 1, 1887, vice Lieut. B. 0. Scott, 

junior grade, promoted. · Commodore Bancroft Gherardi, a resident of Massachusetts, to be a rear-admiral in the Navy from August 25, 1887, vice Rea1·-Admiral S. 

R. Franklin, retired. .- Capt. William E. Fitzhugh, a resident of Ohio~ to be a <'Ommodore m 

· the Navy from August 25, 1887, vice Commodore B. Gherardi, promoted. 

Commander Henry B. Robeson, a resident of Connecticut, to be a 

captain in the Navy from August 25, 1887, vice Capt. W. E. Fitzhugh, 

promoted. · . . - . . . Lieut. Commander Joshua Bishop, a resident of the D1strict of Co-

~umbia, to be a commander in the Navy from August '25, 1887, vice 

Commander Henry B. Robeson, promoted. 

Lieut. Benjamin S. Richards, a resident of Pennsylvania, to be a lieutenant-commander in the Navy from August 25,1887, vice Lieut. Commander Joshua Bishop, promoted. 

Lieut. David Peacock, junior grade, a resident of New Jersey, to be a lieutenant in the Navy from August 25, 1887, vice Lieut. B. S. Ri-chards, promoted. 

Ensign Arthur W. Dodd, a resident of Indiana, to be a lieutenant, 

JUnior grade, in the Navy from August 25, 1887, vice Lieut. D. Peacock, junior grade, promoted. . . Commodore DanielL. Braine, a resident of New Yor.k, to be a rear- admiral in the Navy from September A, 1887, vice Rear-Admiral J. L. 

Davis, retired. 

Capt. George Brown, a resident of Indiana, to be a commodore in the 

Navy from September 4, 1887, vice Commodore D. L. Braine, promoted. 

Commander William Whitehead, a resident of Pennsylvania, to be a 

capt-ain in the Navy from September 4, 1887, vice Capt. George Brown, 

promot-ed. . Lieut. Commander Charles A. Schetky, a resident of New Jersey, to be 

a commander in the Navy from September 4, 1887, vice Commander 

William Whitehead, promoted. - · 

Lieut. Benjamin F. Tilley, a resident of Rhode Island, to be a lieutenant-commander in the Navy from September 4, 1887, vice Lieut. 

Commander C. A. Schetky, promoted. · Lieut. John 0. Nicolson, junior grade, a resident of Alabama, ,to be 

a lieutenant in the Navy from September 4, 1887, vice Lieut. B. F. Tilley, promoted. . . Ensign George W. Den:field, a resident of Massachusetts, to be a lieutenant, junior grade, in the Navy from September 4, 1887, vice Lieut. 

J. 0. Nicolson, junior grade, promoted. . Lieut. George T. Emmons, junior grade, a resident of New Jersey, 

to be a lieutenant in the Navy from November 1, 1887, vice Lieut.W. 

H. Jaques, resigned. 

Ensign Albert W. Grant, a resident ofWisconsin, to be a lieutenant, 

junior grade, in the Navy from November 1: 1887, '!Jice Lieut. G. T. 

Emmons, junior grade, pronfoted. 

Naval Cadets John G. Tauresey, a. resident of Delaware; Albert C. 

Diffenbach, a resident of Pennsylvania; Theodore C. Fenton, a resident 

of Pennsylvania; Volney 0. Chase, a resident of Louisiana; George R. 

Slocum, a. resident oflllinois; William G. Miller, a resident of Virginia; 

George W. Kline, a resident of New Jersey; John P. McGuinness, a 

resident of Idaho Territory; Joseph Strauss, a resident of Virginia; 

Charles S. Stamvorth, a resident of Virginia; Robert L. Russell, aresiden~ of Georgia; Harrison A. Bispbam~ a- resident of Pennsylvania; 

Armistead Rust, a resident of Virginia; George R. Evans, a resident of 

Massachusetts; Edward W. Eberle, a resident of Arkansas; James E. 

Shin del, a resident of Pennsylvania; David S. N es, a resident of Pennsylvania; Charles M. McCormick! a resident of Virginia; Glennie Tarbox, a resident-of South Carolina; William W. Gilmer, a resident_of 

Virginia.; Robert E. Coontz, a resident of Missouri, and Benjamin 

Wright, a resident of Tennessee, all graduates of the Naval Academy, 

to be ensigns in the Navyfr~mJuly1, 1887, to fill vacancies in that grade. 

FIRST LIEUTENANT, MARINE CORPS. 

Second Lieut. Samuel L. Jackson, United States Marine Corps, a res- ident of Massachusetts, to be a first lieutenant in that corps, from Jannary 7, 1888; vice First Lieut. Samuel H. Gibson, retired. 

CONFIRMATIONS. 

Executive nominations confirmed by tlte Senate January 30, 1888. 

UNITED STATES CONSUL. 

Lebbeus G. Bennington, of Ritchie Court-House, W.Va., to be consul 

of the United States at Rio Grande do Sui. 

XIX--51 ~ 

POSTMASTERS. 

John W. Ross, to be postmaster at Washington, in the county ofW ash· 

ington and District of Columbia. · John H. CUf~eY, to be postmaster at Nash ville, in the conilty of David- son and State-of Tennessee. · 

Will J. Furlong, to be postmaster at Ho¥belle, in the_ county of Ogle 

and State of Illinois. 

HOUSE OF REPRESENTATIVES. 

J\fONDAY, ·Jam.wry 30, 1888. 

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

H. MILBURN, D. D. . The Journal of the proceedings of Friday was read and approved. 

ENROLLED BILL SIGNED. 

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

they had examined and found dulyenrolleda bill of thefollowingtitle; 

when the Speaker pro tempore signed the same, namely: . A bill (H. R. 2131) for the relief of Joseph Cox, administrator of 

Charles Pasters, dece-ased. 

BRIDGE ACROSS THE MISSOURI RIVER NEAR ST. CHARLES, MO. 

1\fr. HATCH. I ask una~imous consent to discharge the Privat~ Calendar and ta]fe up for present consideration the billS. 274, which is , 

a bridge bill, and the consideration of which I am sure will take buta 

moment. It is important that action should be taken upon it promptly. 

Mr. ANDERSON, of Kansas. Let the title of the bill be read. 

The Clerk read as follQws: 

A bill (S. 274) authorizipgthe construction of a bridge across the Missouri Rive.r at some accessible point in the county of St. Charles, in the State of 1\li<>souri, 

below the city of St. Charles. 

Mr. McADOO. I would like, before objection is waived, to have this 

bill read. 

Mr. HATCH. I will state -to the gentleman from New Jersey, and 

the gentleman from Kansas also, that this bill has been unanimousl_y 

reported from the Committee on Commerce. The report shows that1t 

is in full accord with the report of the Chief of Engineers, and is no obstruction to Ravigation. This is a Senate bill. 

Mr. McADOO. I withdraw my objection. 

M.r. ANDERSON,-of Kansas. Let the b-ill be read. 

The Clerk proceeded_ to read the bill. 

Mr. HATCH. Mr. Speaker, a':! this bill is the exact counterpart of 

other bills of a similar character reported from the Committee on Commerce and passed here, unless some member desires to have the bill 

read at length, I ask that the further reading be waived. . There was no objection, and the reading of the bill was dispensed 

with. 

Mr. HATCH. I now ask the Clerk to read the first few lines of the 

report, which I think will afford all the information necessary in support of this bill. 

The Clerk read as follows: 

The Committee on Commerce, to whom was referred the bill (S. 274) authorizing the construction of a bridge across the Missouri River at some accessible 

point in the county of St. Charles, in the State of Missouri, below the city of St. 

Charles, have had the same under consideration, and upon clo;;e examination 

find the bill in-accordance with the recommendations of the Ch:- f of Engineers, 

whose communications are appended to and made part of this report. 

As will be seen from these letters, the bridge as proposed will not be an obstruction t-o navigation, and will subserve the interests of commerce, which demand its speedy construction. 

1\Ir. HATCH. I ask the previous question upon the third reading of 

the bill. . 

The previous question was ordered, under the operation of which the 

bill was ordered to a third reading; · and being read the third time, was passed. · 

1\ir. HATCH moved to reconside~ the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

ORDER OF BUS.INESS. 

The SPEAKER pro tempore. This being Monday, the regular order 

is the callofthe States and Territories for bills and resolutions. Upon 

this call joint and concurrent resolutions and memorials from State and 

Territorial Legislatures are in order; also resolutions of inquiry addressed to heads of Departments. 

LAND OFFICE AT DIRMINGHAM, ALA. 

Mr. BANKHEAD introduced a bill (H. R. 6092) to establish a land 

office at Birmingham, in the Stat~ of Alabama; which was read a first 

and second time, referred to the Committee on the Public Lands, and 

ordered to be printed. 

PUBLIC LANDS IN ALABAMA. 

Mr. OATES introduced a bill (H. R. 6093) to further provide for the 

disposal of the public lands in the State of Alabama, and to devote t~e 

proceeds of sale to education in said State; which was read a ~rst. arid