1876. CONGRESSIONAL RECORD. 991 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were pr~­

sented at the Clerk's desk under the rule, and referred as stated : By Mr. BANNING: The petition of Walter J. Smith, for pay as first 

sergeant of the l<,orty-fifth Kentucky Infantry, to the Committee on Military Affairs. 

By Mr. BELL: The petition of Abby A. Johnson, to be re.:instated on the pension-rolls and for arrears of pension, to the Committee on Invalid Pensions. 

By Mr. CONGER: Remonstrance of R. P. Fitzgerald and 45 other 

citizens of Milwaukee, against bridging the Detroit River, to the Committee on Commerce. 

By Mr. CROUNSE: The petition ofT. P. Quick and others, of Lincoln, Nebraska, to repeal the stamp tax on safety matches, to the 

Committee of ·ways and Means. 

By Mr. DENISON: The petition of George H. Blake and 46 others, 

for the repeal of the check-stamp tax, to the same committee. 

By Mr. ELY : The petition of Seth Driggs, for relief, to the Committee on Military Affairs. · By Mr. FAULKNER: Papers relating to the claim of James Cummings, for pay for property taken and used by the United States 

Army, to the Committee.on War Claims. 

By Mr. FRYE: The petition of the Second Baptist phurch of Brooklyn, New York, signed by the pastor and officers thereof, for a com- mission of inquiry concerning the alcoholic liquor traffic." 

Also, the petition-of th~ National Division of the Sons of Temper- ance of North America, officially signed by F. M. Bradley, of Washington, District of Columbia, most worthy patriarch, and by Samuel 

W. Hodges, of Boston, Ma-ssachusetts, most worthy scrib~, representing about one hundred thousand members, of similar import, to the same committee. 

Also, th~ petition of the Grand Lodge of Good TempL'trs of the District of Columbia, officially signed by James F. Bolton, G. W. C. T.; 

J. S. Gourley, G. W. C.; MaryJ.Lowry,G. V.T.; Walter Drummond, 

G. S.; William H. Womersley, G. T.; representing 230 members, of 

similar import, to the same committee. · By Mr. GARFIELD: The petition of officers of national banks and 

other citizens of Cincinnati, Ohio, for the repeal of the tax on bank 

deposits, to the Committee of Ways and Means. 

Also, the petition of citizens of·Columbus, Ohio, of similar import, 

to the same committee. 

Also, the petition of citizens of Cleveland, Ohio, of similar import, 

to the same committee. · Also, the petition of citizens of Orwell, Ohio, for the repeal of the 

stamp tax on safety matches, to the same committee. 

Also, the petition of 45 citizens of Morgan, Ashtabula County, Ohio 

for the 1·epeal of the check-stamp tax, to the same committee. 

Also, the petition of citizens of Ravenna, Ashtabula, Ashtabula 

Harbor, and Warren, Ohio, for the extension of the national credit 

to the ~eat southern railroad to the Pacific, to the Committee on the Pamfi.c Railroad. 

Also, the remonstrance of 112 citizens of Ashtabula County, Ohio, 

against the passage of the bill to bridge the Detroit River, to the 

Committee on Commerce. · 

Also, the petition of the Grand-Division of the Sons of Temperance 

of Ohio, signed by the officers thereof, representing eight thousand 

members, for a commission of inquiry concerning the alcoholic liquor 

tr:tffi.c, to the Committee on the Judiciary. 

By Mr. GOODE: The petition of Elizabeth Hanor, for a pension, 

to the Committee on Revolutionary Pensions. 

By Mr. GOODIN: The petition of E. E. Barrett and other citizens 

of Kansas, for a change of mail-route No. 33038, to the Committee on the Post-Office and Post-Roads. 

Also, the petition of John P. Mitchell and other citizens of Kansas, 

for a post-route from Neosho Falls to Williamsburgh, Kansas, to the same committee. 

By Mr. HANCOCK: The petition of Captain Reuben M. Potter, 

United States Army, that officers ove-r seventy years of age may retire 

when they desire to do so, to the Committee on Military Affairs. 

By Mr. HATCHER: The petition of citizens of Mine La Motte, 

Missouri, for a reduction of postage on third-class mail matter, to the 

Committee on the Post Office and Post-Roads. 

By Mr. HENKLE: The petition of William Dadds, for pay for 

property destroyed a.t Annapolis, Maryland, by order of General B. F. 

Butler, to the Committee on War Claims. 

By Mr. JENKS: The petition of Augustus Lempp, for a pension, to 

the Committee on Invalid Pensions. · 

Also, the petition of certain ex-soldiers of Pennsylvania, for the 

equalizing of bounty, to the Committee on Military Affairs. 

Also, the petition of Henry Reiring, for a pension, to the Committee on Invalid Pensions. 

By Mr. LANE: The petition of W. H. Henry and other citizens of 

Oregon, for the improvement of the Columbia. and Snake Rivers, to 

the Committee on Commerce. 

Also, the petition of F. H. Blanchet, archbishop of Oregon, on behalf of the Nestucca Indians, prayin~ the Government to carry out 

the treaty stipulations with said Indians, none of which have been 

complied with on the part of the United States, to the Committee on Indiun Affairs. 

_By Mr. MORRISON: The petitio~ of "the Grand D~vision of the Sons 

of Temperance of Illinois, officially signed and representing 2,000 

members, for a commission of inquiry concerning the alcoholic liquor 

traffic, to the Committee of Ways and Means. . By Mr. NORTON: Papers r elating to the claim of Pardon Worsley, 

for pay for services rendered the War Department as a detective, to 

the Committee of Claims. 

By Mr. O'BRIEN: The petition of citizens of Baltimore, Maryland, 

for the repeal of the check-stamp tax, to the Committee of Ways and 

Means. 

By Mr. PHELPS : The petition of Joseph Sheldon and others, of 

New Haven, Connecticut, for the repeal of the resumption act, to the 

Committee on Banking and Currency. 

Also, the petition of Patrick McCarthy and 126 other citizens of 

New Haven, Connecticut, of similar import, to the same eommittee. ~o, the petition of Cornelius K. Russell and others, of New Haven, 

Connecticut, for the issue of 3.65 convertible gold-bearing bonds, to 

the same committee. 

Also, the petition of John P. Phillips and others, of New Haven, 

Connecticut, for greenbacks to be made receivable at par for duties on imports, to the same committee. 

By Mr. ~IERCE: The petition of William M. Barrett, for a pension, 

to the Committee on Invalid Pensions. 

By Mr. RAINEY: The petition of the Good Templars of South. 

Carolina, signed by the officers thereof, representing 4,000 members, 

for a commission of inquiry concerning the alcoholic liquor traffic, 

to the Committee of Ways and Means. 

By Mr. REAGAN: The petition of W. M. Cook, for rent of buildings 

occupied by the United States Army, to the Committee on War 

Claims. · 

By Mr. SEELYE: The petition' of the First Baptist church at Fitchburgh, Massachusetts, for a commission of inquiry concerning the · alcoholic liquor traffic, to the Committee on the Judiciary. 

By Mr. VANCE, of North Carolina: The petition of citizens of 

Clearfield County, Pennsylvania, for aid to be extended the Texas 

and Pacific Railroad. 

By Mr. WILLARD: The petition of 202 citizens of Coldwater, 

Michigan, for a commission of inquiry concerning the alcoholic liquor 

traffic, to the Commi~ee on the Judiciary. 

By Mr. WILLIS: The petition of the New York Women's Christian Temperance Union, officially signed, of similar import, to the 

Committee on Education and Labor. 

Also, the petition of Edmund Worg, for a pension, to the Committee on Invalid Pensions. • . Also, the petition of Thomas Haggett, for pay for value of schooner 

Alonzo, to the Committee of Claims. 

By Mr. WOOD, of New York: The petition of the National Temperance Society, signed by William E. Doge, president, and J. N. 

Stearns, for a commission of inquiry concerning the alcoholic liquor 

traffic, to the Committee on Education and Labor. 

. IN SE;NATE. 

THURSDAY, FebruanJ 10, 1876. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. ~he Journal of yesterday's proceedings was read and approved. 

DISTRICT 3. 65 BONDS. 

The Senate proceeded to consider its amendments to the joint reso- lution (H. R. No. 52) directing the commissioners of the District of 

Columbia to pay the interest on the bonds issued in pursuance of the 

act of Congress approved J nne 20, 187 4, out of any funds in the United 

States Treasury, subject to the requisition of said commissioners, and 

for other purposes, disagreed to by the House of RepreSentatives. 

On motion of .Mr. WHYTE, it was 

Re.9olved, That the Senate insist upon its amendments disagreed to by the House 

of Representatives to the said joint resolution, and agree to the conference asked 

by the Honse of Representatives on the disagreeing votes of the two Houses thereon. 

Ordered, Tha.t the conferees on the part of the Senate be appointed by the President pro tempore. 

Messrs. MORRILL of Maine, SARGENT, and THURMAN were appointed 

the conferees on the part of the Senate. 

HOUSE BILLS REFERRED. 

The following bills from the House of Representatives were Bf'verally read twice by their titles and 1·eferred to the Committee on the 

Judiciary: 

A bill (H. R. No. 356) concerning cases in bankrn_Ptcy commenced 

in the supreme courts of the several Territories pnor to the 22d of 

J nne, 187 4, and now undetermined therein; 

A bill (H. R. No. 390) to repeal the act entitled" An act to establish 

a uniform system of bankruptcy throughout the United States," approved March 2, 1867, and all laws and parts of laws amendatory 

thereof; 

A bill (H. R. No. 555) to amend section 856of the Revised Statutes; 

and 

A bill (H. R. No. 1210) authorizing actions in cases of deD>th resulting from wrongful act, neglect, or default. 
l 

992 CONGRESSIONAL RECORD. FEBRUARY 10, 

PETITIO~S .AND MEMORIALS. 

Mr. SARGENT~ I present sundry petitiona signed by residents of 

the State of California, praying Congress to make an appropriation in 

aid of the centennial fund. .As that proposition is now before the 

Senate, I move that these petitions lie on the table. · The motion was agreed to. 

Mr. LOGAN presented a telegram in the nature of a petition, signed 

by leading merchants of Chicago, Illinois, praying a. repeal of the 

bankrupt law, to take effect at a date not l3.ter than the 1st of July, 

1876; which was referred to the Committee on the Judiciary. 

Mr. WALLACE presented tHree petitions of 500 citizens of Allegheny County, Pennsylvania, artis~s and workers in U:on and coal, 

praymg Congress to guarantee the mterest on the bonds ISSued by the 

Texas and Pacific Railroad Company and in aid of the prostrated iron 

industries of Pennsylvania, which were referred to the Committee on 

Railroads. 

Mr. HAMLIN presented a letter of the Postmaster-Gen~raladdressed 

to the chairman of the Committee on Post-Offices and Post-Roads, 

reuarding the general subjects of classification and expenaes connectel with the transportation of mail-matter; which was referred to the 

Committee on Post-Offices and Post-Roads, and ordered to be printed. 

Mr. EDMUNDS. I present the memorial of the Washington Monument Society, praying Congress to make an appropriation to aid in 

the completion of the Washington Monument. .As this subject has 

been sent to the Committee on Public Buildings and Grounds, I move that this memorial take that direction. 

The motion was agreed to. 

Mr. HARVEY presented a petition of residents upon the Kansas 

Indian trust lands, praying a reduction of the price of said lands; 

which was referred to the Committee on Indian Affairs. 

Mr. KERNAN presented a petition of citizens of the city of New 

York, praying for the .repeal of the ge:.;t~ral bankrupt law; which was referred to the Comm1ttee on the JudiCiary. · 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tentpo1'e laid before the Senate a communication from the Secretary of War, transmitting a statement showing 

the aggregate number of the organized militia. of the several States, 

respectively, according to the htest returns received at the offi(le of 

the Adjutant-General of the Army; which, on motion of Mr. MoRRILL, of Maine, was ordered to lie on the table and be printed. 

REPORTS OF COMMITTEES. 

Mr. RANDOLPH, from the Committee on Military Affairs, to whom was referred the. bill (S. No. 25) granting the right of way to the 

Leavenworth Street Railroad Company across the Fort Leavenworth 

military reservation, reported it with an amendment. 

Mr. McDONALD, from the Committee on Pensiona, to whom was referred the bill (S. No. 326) for the relief of the widow of L. H. Rous- seau deceased, late brigadier-general and brevet major-general of the Uni~d States Army, reported it with an amendment. 

Mr. HOWE, from the Joint Committee on the Library, to whom was refeiTed the memorial of Admiral Charles Wilkes, asking an investigation as to the reasons for stopping the publication of the results of 

the exploring expeilition and for refusing payments therefor, submitted a report thereon ; which was ordered to be printed, and the com- mittee was discharged from the further consideration of the memorial. 

Mr. INGALLS, from the Committee on Pensions, to whom was re- ferred the bill ( S. No. 206) granting a pension to Catharine Ferry, submitted an adverse report thereon; which was ordered to be printed, 

and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the petition of Emanuel Slifer on behalf of James Eli Butts and Malinda 

Frances Butts, minor heirs of Joseph Butts, deceased, late a private 

in the Seventh Regiment of Maryland Volunteers, praying that an act 

may be passed granting a penaion to the said hem;, submitted a report 

thereon accompanied by a bill ( S. No. 425) granting a pension to James 

Eli Butts and Malinda Fmnces Butts. 

The bill was read and passed to the second reading, and the report was ordered to be printed. 

He also, from the same committee, to whom was referred the petition of Eunice Tripier, widow of the late Dr. Charles S. Tripier, sur- geon United States Army, praying to be allowed a pension, submitted an adverse report thereon; which was ordered to be printed, and the 

committee was discharged from the further consideration of the petition. 

He ~lso, from the same committee, to whom was referred the petition of James S. Collins, of Hancock County, Maine, praying to be 

granted a pension on account of services rendered the United States 

in the war of 1812, submitted an adverse repm:t thereon; which was 

ordered to be printed, and the committee was discharged from the 

further consideration of the petition. 

Mr. CRAGIN, from the Committee on Naval Affairs, to whom was referred the petition of William Gibson, a commander in the Navy on the retired list, praying to be restored to the active list of the Navy, 

asked to be discharged from its further consideration; which was agreed to. 

He also, from the same committee, to whom was referred the petition of William C. West, a commander on the retired list of the Navy, 

praying to be allowed the sea pay of a lieutenant-commander on the 

acLive list, asked to be discharged from its further consideration; 

which was agreed to. 

SERVICE OF WRITS OF MA.NDAliiUS. 

Mr. FRELINGHUYSEN. I am instructed by the Committee on the 

Judiciary, to whom was referred the .bill (S. No. 13) to amend the 

fourteenth section of the act to establish the judicial courts of the 

United States, approved September 24, 17891 to report it with amendments ; and I ask for its pre ent consideratiOn. 

By unanimous consent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It provides that whenever the circuit 

courts of the United States shall, in the exercise of their jurisdiction, 

issue writs of mandamus or other common-law writs, and the party or persons to whom the writs shall be directed shall for any cause neglect or fail to perform the act or duty required thereby, the court 

from which the writ issues may, upon the application of the plaintiff 

in whose favor the writ is issued, besides or instead of proceeding 

against the defendant by attachment, direct that the act required to 

be done shall be done by some person appointed by the court, at the 

expenae of the defendant, to be recovered by the same process, by and 

along with the cost of the wrlt or writs; and when such courts shall 

have rendered judgment against any municipal corporation for the 

recovery of any sum of money, ana it is necessary to levy and collect a tax for the p~ment thereof, the courts shall have power, through 

the proper officers of such corporation or through the persons appointed as aforesaid, to levy and collect such a tax as may be necessary 

to pay such judgment, together with the costs of such procedure. 

The bill was reported from the Colll.Illittee on the Judiciary with 

amendments. 

The first amendment of the committee wa.s in line 9 to strike out 

the words "plaintiff in whose favor" and insert "person for whose 

benefit ;" so as to read : 

Upon the application of the person for whose benefit the writ is issued, &e. 

Mr. KERNAN. I desire to get a little more information upon this 

matter, and I ask the Senator who reported it if this is a bill which· proposes to remedy a difficulty of this kind: For iDBtance, a judgment 

is obtained against a town or city in the circuit court, against the offi- cers of that municipality to assess a tax. Is the object of this bill to 

have the court appoint officers who shall assess that tax upon the taxpayers of the municipality Y I wish the Senator to explain that. 

Mr. FRE.LINGHUYSEN. That is one object of the bill. The bill 

has two objects. When a writ of mandamus is issued to enforce a judgment of the Federal courts, it has been quite customary for the 

officer to whom the writ was directed to resign, thereby defeating the 

enforcement of the judgment. In that event the bill authorizes the 

court to appoint another officer to perform that duty. Also, if any 

municipal corporation or county fails to levy the proper tax for the 

payment of the judgment, the court is authorized by a mandamus to 

direct the officers of that county to levy it or appoint some one to do 

it. This bill passed both the Senate and House at the last session, 

but failed of final action for want of concurrence in all respects. 

The PRESIDENT pro tempore. The question is on the :first amendment reported by the Committee on the Judiciary. 

The amendment wa-s agreed to. 

The next amendment of the committee was in line 15, after the word 

"corporation," to insert "or county, or any officer or officers of such 

corporation or county;" so as to read: 

And when such courts shall have rendered judgmentagainstanymnnicipalcor- poration or county, or any officer or officers of suCh corporation or county, for the 

recovery of :my sum of money, &c. 

The amendment was agreed to. • The next amendment wa.a after the word "corporation," in line 19, 

to insert the words "or coon ty; 't so as to read: 

Through the proper officers of snch corporation or county, &c. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amendments were concurred in. 

Mr. COCKRELL. I would like to have the bill read again. 

The PRESIDENT pro tentpore. The bill will be reported. 

The bill was read as amended. 

Mr. MERRIMON. Mr. President, what committee reported this bill 

to the Senate Y 

The PRESIDENT pro tempore. The ·Committee on the Judiciary. 

It was reported by the Senator from New Jersey, [Mr. FRELINGHUYSE~ MERRIMON. It is a very important bill; one in which my 

constituents are interested, and I think the constituents of many other 

Senators are deeply interested in it. Therefore I trust it will not be 

pressed upon the attention of the Senate at this time. 

The PRESIDENT pro tempore. The Senate has already agreed to 

its consideration; the amendments of the committee have been re- ported and concurred in, and the bill is now open to further amendment. 

Mr. MERRIMON. I trust the Senator who called it up will agree 

to let it lie over for the present. . Mr. FRELINGHUYSEN. I think that this bill ought to pass. It was unanimously reported from the Committee on the Judiciary at 

the last session; has been so reported again. It passed the Senate at 

tho last session; it passed the House o~ Representatives at the last 
,. "· ..- -

1876. CONGRESSIONAL RECORD. 993 

session. The whole object of the bill is to give efficacy to the judgments of the Federal courts. Without this bill it is in the power of 

the debtor to defeat the judgment. I hope that tho Senate will -pass 

the bill. 

1\h. 1\IERRIMON. I am very sure that this is a bill which ought 

not to pass without debate and due consideration by the Senate. I 

have very great respect for the judgment of the Judiciary Committee; I have great confidence in their judgment; but I believe from 

my experience as a practicing lawyer and my observation that it is 

unwise to pas this bill, if indeed Congress has the power to pass such a bill. It had its oriO'in in cases of this sort : In some of the counties 

in the States of the Northwest, where they have issued county bonds, 

the authorities have failed to lay taxes to pay the interest upon such 

bonds, and creditors holding coupons have brought suits in the Federal 

courts, and the officers of the Federal courts have been unable to collect 

their debts. The purpose of this act is to authorize the circuit courts 

of' the United States, instead of proceeding under the writ of mandamus, to direct a particular officer, a marshal for example, to go and 

lay the tax and collect it in the everal counties. The Supreme Court 

have decided that as the law now stands there is no such authority 

in the courts. I confess as a lawyer I at one time thought they had 

such power, but the Supreme Court have decided that they had not. 

Mr. CAMERON, of 'Visconsin, asked, and by unanimous c011Sent 

obtained, leave to introduce a bill (S. No. 427) establishing the port of 

La Crosse, Wisconsin, as a port of appra.isal; which was read twice 

by its title, referred to tho Committee on Commerce, and ordered to be 

printed. 

1\Ir. CAPERTON (by request) asked, and by unanimous coru;ent 

obtained, leave to introduce a bill (S. No. 428) to aid tho \Vashington 

and Ohio Railroad Company in the constniCtion of their road to the 

Ohio River; which was read twice by its title, referred to the Com- mittee on Railroads, and ordered to b~ printed. 

Mr. MERRIMON asked, and by uwnimous consent obtained, leave 

to introduce a bill (S. No. 429) to authorize the Eastern Band of Cherokee Indians to institute suits against the Cherokee Indians residin" 

west of the Mississippi River, a,nd for other puqwses; which was read 

twice by its title, I'eferred to the Committee on Indian Affairs, and ·ordered to be printed. 

Mr. MORTON asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 430} to incorporate the National Bond and 

Mortgage Compa,ny of the District of Columbia; which was read twice 

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

ordered to be printed. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. MERRIMON, it was 

Ordered, That Sarah Shelton and Sarah J. Greene have leave to withdraw their 

papers from the files of the Senate, leaving copies of the same. 

I am not prepared to debate the matter now. I wish to look into 

it with great care. It is a subject very interesting to my people at 

this time, and it is interesting to the people in other sections of the 

Union. I therefore trust it will not be pressed upon the attention of 

the Senate this morning. C .. H. FREDERICK. 

:Mr. McDONALD. I concur with the Senator from North Carolina ~fr. HITCHCOCK. I ask the Senate to take up the bill for the relief 

in reference to the character of this bill. I shall certainly not be of C. H. Frederick, reported by the Committee on Military Affairs a willing to vote for it at this time, if at all. It seems to vest a very few days ago. It will take but a 'moment. 

s-reat power in the Federal courts in reference to collecting local taxes The bill (S. No. 416) for the relief of C. H. Frederick, late a lieu- rn certain cases. I would desire with him that the bill should pass tenant-colonel in the Ninth Mis ouri Infantry, was read the second over for the present until it can be more carefully examined. I• time, and considered as in Committee of the Whole. It appropriates 

Mr. WITHERS. I unite in the reqnest on the part of the Virginia $388.24, being amount due C. H. Frederick from date of enlistment 

people who are especially interestecl in this matter. Some of the to date of muster. 

counties have a deep interest in it, and I hope it may be thoroughly The bill was reported to the Senate.} ordered to be .engrossed for a investigated before .it is pnshed to a vote. . third reading, read the third time, :111<1 passed. 

Mr. FRELINGHUYSEN. Th~re was a remark dropped by one of NORTHERN PACIFIC RAILROAD. 

the Senators that there was a question of constitutional power to pass such an act. That question has been settled by the Supreme Court. 1\-fr. KELLY. Mr. President, I move that the Senate now proceed 

The State of Iowa bas a State statute similar to this authorizing the to the consideration of Senate bill No. 14, which was under considcourt to appoint officers in case of the resignation of officers to whom eration at the time the morning hour expired yesterday. a mandamus is directed, and also authorizing the court to direct a levy The motion was agreed to i and the Senate, as in Committee of the 

to be made. Whole, resumed the consideration of the bill (S. No.14) to extend the 

Mr. 1\IERRIMON. May I interrupt my friend. time for the construction and completion of the Northern Pacific RailMr. FRELINGHUYSEN. In one moment. The Supreme Court of road, the pending question being on the amendment of the Committee 

the United States has held that the Federal courts following the prac- on Railroads to make the bill rea-d : tice of the State in Iowa could so execute the writ of mandamus, That ten years' additional time is hereby granted to the Northern Pacific Railhi h · di d' di ti h · · I' f road Company to construct and complete 1ts road nuder its charter and the resoln- w C IS a recta JU ca on as tot e const1tut10na Ity o this act; tions of Congress relating thereto; and the proviso to section 1 of the act of July and to hold that it is unconstitutional is to hold that the judgments 15, 1870, entitled "An act making appropriations for sundry civil expenses of the 

of ~he Federal courts are inoperative. Government for the year ending June 30, 1871, and for other purposes," which re- I£, however, Senators wish the opportunity to look further into quires the payment of the costs of surveys by said company, is herebv repealed. 

hi '11 I willl . SEC. 2. That this extension is granted upon the express condition ana unclerstandt s bi , et It pass over, trusting ihat they will give me their ing that where pre-emption and homest.ead claims were initiated or private entries 

support to bring it up on another occasion. anu locations· were allowed upon land embr:wed in the ~t to said company prior Mr. MERRIMON. I beg to say this, sir, in reply to what has just to the receipt of the orders of withdrawal at the respective district bud offices, the 

fall fr th S t fr N J th t th S C t same may be perfected and carried into patent, and the eompany shall be entitled en om e ena .or om ew ersey, a e upreme our to indemnity therefor as now provided by law: Provided, That this condition shall 

have expressly held, in a case of recent date, that the circuit courts not apply to lands heretofore patented to the company nor to entriel already can- of the United States have no power to send a marshal into a county celed and upon which the_.purchase-moneyor other consideration has beenreturnecl 

to collect a. debt, even where the county authorities had laid the tax to the respective parties In interest. 

d h th h :cc h d fail d t ll t 't d h h · d SEc. 3. That entries remaining unadjusted and suspended in the General Land an W ere e s erlll. a e 0 co ec 1 an w ere e resigne Office on account of an increMe in price of the even sections within the limits of 

rather than collect it. The Supreme Court have held that the circuit the ~;rant, where the same were maue or based upon settlement made prior to the 

courts have no power to send a marshal there to collect the tax in receipt of the respective orders of withdrawal aforesaid, shallllerelieved from such 

that case, and this bill is intended to effectuate a remedy for that sup- suspension and carried into patent; but nothing in this act shall be construed to 

Po ed evil in part. affect existing acljustme11ts nor to authorize the refunding of any moneys received for such lands under existing laws. 

I know that there are claimants throughout the country who have SEc. 4. That the extension of time granted by section 1 of this act shall not 11. deep interest in this bill; and it may be possible that we have the apply to the branch line of said road from Lake Prend d'Oreille, across the Cascade 

power to pass it. I will not undertake to say how that is, ·but I do Mountains, to Puget Sound, in Wa hin!!ton Territory; but all actsandpartsof acts, so far M they make any grant of landS or other aid for the construction of said 

say that I shall desire to be heard upon it, and I have no doubt others branch, are hereby repealed; and the lands heretofore granted therefor shall be, 

will. At all events I want to examine it, and I trust that we shall and they are hereby, restored to the pnblic domain, to be dealt with as other pub- have a. fair opportunity to do t.hat. lie lands, under the dir·ection of the Secretary of the Interior. 

Mr. FRELINGHUYSEN. There is no doubt of the correctness of SEc. 5. That the said Nol'thern Pacific Railroad Company shall file with the Secthe st.a.temont of the Senator. If there was no evil to cure, if the retary of tho Interior, ~thin six ~onths from the date hereof, its assent to, and acceptance of, the proV18Ions of thiS act, ot• be forever debarred from taking or re· Supreme Court had the power when one officer resigned to appoint ceivmg any benefit from or under the same . 

• another in his place, this bill would not have been introduced. It is to 1\lr. SARGENT. Yesterclay I gave notice of an amendment that I cure that very evil; ·but the Supreme Court has expressly decided 1<1 ffi t hi bill If · · · d I d thatthisactisconstitutional. IhopethattheSenatorswhowishto won ° er 0 t s · Itismor er, esirenowtoproposethat amendment. 

debate it will aid me in the future in bringing it up. The PRESIDENT p1·o tempo1·e. The amendment reported from the 

Mr. RANSOM. I desire to say to my friend fTom New Jersey that Committee on Railroads is first in order. The Senator from California. - I am very much obliged to him for letting the bill go over this morn- can move to amend that amendment. 

in~. I shall desire to be heard on it when it does come up, and I 1\lr. SARGENT. I move to amend the amendment of the committhmk I shall be able to give some reasons to my friend which will b 'k.i 

satisfy him, or at least tend to satisfy him, t.hat be ought not to press tee y str1 · ng out in the second section, lines 6 and 7, the words, 

this bill at this J. uncture or durin2' this session. "The same may be perfected and carried into patent and; " and in ~ lieu thereof to insert: The PRESIDENT pro tempore. By common consent the bill goes over. 

BILLS INTRODUCED. 

Mr. WINDOM asked, and by unanimons consent obtained, Jeave to 

introduce a bill (S. No. 426) for the relief of Elias D. Bruner; which was read twice by its title, referred to the Committee on Naval Affairs, and ordered to be printed. 

IV-63 

The land embraced in such entries shall not be held as within the grant to said 

company and shall be patented to the parties lawfully entering the same, and in caRe of abandonment by them shall be open to pre-emption and homestead entry only of actual settlers, butThe CHIEF CLERK. If the section be thus amended it will read: 

That this extension is granted upon the express collflition and nuder tanding th:~.t where pre-emption and homestead claims were initiated, or private entries anu locations were allowed, upon lands embraced in the gr&nt to said company prior to 
994 CONGRESSIONAL RECORD. FEBRUARY 109 

the receipt of the orders of withdrawal at the respective <listrict land offices the 

lanu emlJmcoo in sucll entries shall not be belli :1l:l within the grant to said ~om­ pany, and shall be patented to the parties lawfully entel'ing tbe same, and in case of abandonment by them shall be open to prc-emptwn a.nd homestead entry only by actual settlers; but the company sball be entitled to indemnity therefor as now provided by law. 

Mr. SARGENT. I will modify the amendment by saying" lawfully 

entered nnder the provisions of this section," because the theory of 

the section ls to overrule certain decisions which were macle by the 

Land Office, and in consonance with a bill we passed the other day, 

and I do not wish to revert to the condition of things when those 

decisions were in force. I modify the amendment as I have stated. 

The modification is to insert after the wortl "entered" the words 

" under the provisions of this section." 

This amendment, I suppose, will need no further explanation than 

that which I made of it yesterday. The bill, a,s drawn by the com- mitt~e, prol;Jably had the same intent: That I am willing to assume; 

and It provides that where pre-emptiOn and homestead claims were initiated, or private entries, &c., ma-de, the e may be carried to patents. But suppose the parties die, or suppose they have left or solcl f 

Thee lands were originally reserved, the lands themselves were re- serve~ by the original grant ; but by a failure of remedy they passed to 

the railroad company, as they have done in my own Statenndersimilar 

grants, and in other States, to the great distress and oppression of per- sons who ~upposed they had a right to acquire the lantls of the original 

pre-emptiOn or hom~stead settler; because by such acquisition they were not carried ba~k to a time antecedent to the railroa-d O'rant. 

Now, I come in and. simply say that the land itself shall not passnot merely that the inchoate title shall some time be perfected, as it 

may never be, and is still less likely to be when these extensions are made ; but the land itself is reserved and shall not pass to the railroad company, but shall be open to pre-emption and homestead set- tlement only to actuaJ. settlers. Mr. MITCHELL. I a, k the Senator from California if it has been 

the ruling o~ the Land Department that in all cases where there was an actual settler on an odd section at the time the grant was ma-de 

the land did not pa s by virtue of the act to the railroad company f 

Mr. SARGENT. I know that in some of their decisions they have 

looked that way, but the practical effect of the decision is lost because th~re is no party to contest the right of the railroad company to re- cel ve the l::tnd. The Land Office does not recoO'nize any pre-emption or homstead settler whose right did not accrue "'uefore the grant, and 

there is, consequently, a failure of parties, there is nobody to show 

that the e rights did accrue (the rights which were formerly held and 

to which I refer by this amendment) before the railroad grant. They 

do not recognize the rig.J;lt of contest in any parties that come in afterward; they re~ognize no deraignment except from the original party, 

and no posses 1on that does not antedate the grant. But if that is 

the decision of the Land Office, and this is in consonance with it, it is 

another reason, perhaps, why objection ought not to be raised to the 

amendment I have proposed. . Mr. 1\fiTCHELL. I agree precisely with the Senator from California as to what the law ought to be. But the only point is whether 

this is neces ary. 

Mr. SA.RGENT. My own experience, as I stated yesterday, is that 

it is necessary. I know that along the line of the Central Pacific 

Railroad in California men who went t here years before the grant was made supposed they had a right to sell the improvements 

which they ha-d made upon their lands, and that the party who 

purcha ed had a right. to buy, and the party who purchased supposed he had that right; but the railroad grant intervening between the original possession and the purchase, those who had paid 

for improvements which were worth thousands of dollars lost their 

money, lost any improvements which they put upon the land, lost 

possession of the land, and it went to the railroad company simply 

because the land office could not nnder our general laws recognize 

anybody to show a pre-emption which had been abandoned and which 

would have prevented this result. Knowing these things to be so in 

my own State, I rea8on that they may occur elsewhere. In fact, the 

complaint is not confined to my St:tte. Settlers generally, as I understantl, complain of these hardships and difficulties. As the law now stands, it lli a trap for the unwary. While the wise maxim of the 

law in reference to criminal matters is that eve:ry man is presumed 

to know it and acts at his peril in disregarding it, it is a harsh max- im where it is applied to remedial statutes, and certainly it is harsh 

where private rights are concerned nnder laws like this. You can- not assume that the hardy pioneer who goes out into the wilderness, 

cuts down the tree , makes :t clearing, makes his home there, understands the nice distinctions which we draw, or in fact the wording of 

the statute or the statutes at all. It is to protect this class in the exer- ci e of what seems po them a natural right that except for a prohibition in the statute would be perfectly right, and is morally right 

in any aspect, to prevent their being entrapped, and to allow them to 

have the benefit of the act. Therefore I propose this amendment. I 

would like to look at my modi1ication, however, and see that it is correct. 

Mr. KELLY. I shall make no objection to the amendment proposed by the Senator from California. I see no objection to it myself. It is in the interest of the settler, and so far I am willing to 

accept it. 

The amendment to the amendment was agreed to. 

Mr. EDMUNDS. I 11ropose the following amendment, to come in 

before section 5, which I believe is now the last section of the bill: 

This a.ct shall not b construed to affect existing private rights otherwise than a.s hereinbefore expressly provided, and shall, as well a said charter and other acts and resolutions hereinbefore mentioned, be subject to alteration, amendment, or repeal at the pleasure of Congress. 

The object of the first branch of the anlendment is not to allow the 

privilege which we grant to this company of extension to disturb any 

existing private rights of the settlers or others in these lands; and 

lest the amendmeut that has already been provided shall not effectuate that purpose and cover all the cases that may exist, I think it 

right that we should not let the bill go without the additional provision that I have made, which is consistent a-s I have drawn it with 

what has already been provided. · The second branch of the amendment I suppose every one will 

agree to. It is that this present l egislation in aid of this company, 

like all the former legislation, shall be subject to the future j utlgment 

and di m·etion of Congre s, to do as Congress, standing indifferent 

between the people aml the company, shall think wise and necessary 

for the gootl of either party. I hope we shall never hereafter pass a bill relating to a corporation in which we shall not re erve the ri<Tht 

to change and repealnccording to the public intere ts. 0 

The PRESIDENT p1'o tempore. The que tion is on the amendment 

of the Senator from Vermont to the amendment reported IJy the Committee on R..'tilroads.' 

The amenliment to the amendment was agreed to. 

The PRESIDENT p1'o tempore. The que tion recur on the amendment of the committee as amended. 

Mr. INGALLS. I move to strike out the proviso in section 2 con- tained in line to 12 inclu ive. . The PRESIDENT pro tempore. The wortls propo ed to be trickeu 

out will be read. . The CIIIEF CLERK. The proviso proposed to be striken out i iu 

4fihe following wortl : 

Prwided, That this condition shall not apply to lands her tofore patented to the 

company, nor to entl:ie already canceleu and upon which the pur base-money or oth r consiueration has be n returned to the respective parti in intere t. 

M.r. INGALLS. The osteu ible purpo e of this section i to estaiJlish and detine the relative right of settlers and the railroad com pan 

within the limits of the lanu grant. It practically a.<lopts the -provision of the bill pa ed by the enate a few days ago upon the amc suiJject. But the provi o i iugeniouslycontrived totleprivetheonly 

cla of persons who could be benefited by the ection it elf from all 

advantages that could be derived nnder it. 

Provided, That this condition shall not apply to lands heretofore patented to the 

company, nor to entries already canceled and upon which the purcha e-money or other consideration haa been returneu to the respective parties m interest. 

The object of the prior portion of the sect.ion is to declare that the 

laml grant shall not attach until notice of the 'vithdmwal has been 

received at the local land offices in the various districts through 

which the rond may run. It is a matter of entire indifference to the 

milroad company when the period of definite location is :fixed. In all 

the act.s incorporating the sub iilized railroa-ds it is expressly declared 

that if a.t the time when the land is withdrawn adverse home teail. 

and pre-emption claim · have atta~hed the companies shall have wha t 

is known as the right of indemnity selections 'vithin limits named iu 

tho bill. Therefore it i immaterial to them when the period is :fix:e1l. 

They lose nothing in either event. But nuder the con:tlicting ruling· 

of the Commissioner of the General Land Office and the Secretary of 

the Interior heretofore many of these entries have been canceled in 

the interests of the railroads and a~ainst the rights of tho e who haJ 

initiated legal and valid homesteau and pre-emption rights to these and to other railroad lands. Tllls proviso is therefore a direct nssault 

upon tho iuterests of the only per ons who could be benefited by the 

provisions of the section without the provi o. I trust therefore th:tt 

the friends of the bill will consent that this obnoxious addition may 

be tricken out. 

The PRESIDENT p1'o temp01·e. The que tion is on the amendment 

of tho Senator from Kansas [Mr. L~GALL ] to the amendment of the 

committee. 

The amendment to the amendment was agreed to. 

The PRESIDENT pro tempote. The question is on the amendment 

of t he committee as amended. 

The amendment, as amendeu, was agreed to. 

The bill was reported to the Senate as amended. 

Ur. SAULSBURY. Mr. Pre ident, I shall vote against this bill 

which extends the time of the pr~ ent Nortillern Pacific Railroad Coillpany to complete tbis road. It is known that there were some fifteen 

millions of acre of the puiJlic lanu donated to the company for the 

purpose of aiding in the construction of its road. I my elf saw an adverti ement of the company at the time they issued their bonds stating that tho amount of the public Land which had been donated 

them, at the r)rice of '2.50 per a~re, would be sufficient to built! the 

entire road aud equip it, and leave a clear profit of ~5,000,000 to the 

corporators. That was the advertisement which they put before the 

world when they were anxious to sell the IJouds of the company. Bonds of the company were issuetl. Meu anxious to . ecure a l:ugo 

gold interest upon their investments saw proper to inve t some of 

their surplus capital in tho e bond . The company b ca. me Lankrn pt, 

and the franchises and rights antl privileges o.f the company have 
1876. ·CONGRESSIONAL RECORD. 995 

since been sold, and have passed now into the hands of the purchas- ers of the bonds. Many of the men who hold the bonus of the com- pany procured them at nominal prices, and this proposition is to ex.tencl 

the benefits of that land grant to the present holders of the bonds of 

the Northern Pacific Railroad Company. For one I cannot vote to 

.Uo it. I believe the grant originally was wrong and improper, a.nd 

it is especially so now because the benefit of all that land grant is to 

be passed to the holders of those bonds, who are virtually now the 

Northern Pacific Railroad Company, when it is known that many of 

tho bonds were bought up at very nominal prices. If the company 

completes the road, complies with its contra-ct, as a matter of course it will be entitled to the land; but this proposition is to extend the 

time, to aid the present holders of the bonds of the company to com- plete the roa~ in the next ten yean~ and take all the advantages and 

benefits of the land grant. To that I am opposed. I have no objection to the building of the Northern Pacific Railroad, or the Southern 

Pacific Railroad, or any other Pacific railroad, but I am opposed to 

doing it out of the public Treasury, or out, of donations of the publi3 

lands. 

There are already four or five hundred miles of this road constructed, 

and I apprehend that the pre ent company, who are the boudholders 

of the old company, have now in th~ir franchises and in the road of 

that company a quid p1·o quo for all their bonds have cost them. It 

may be that there were some of the original purchasers of the bonds 

who paid their money, perhaps the par value, but they did it as. an investment, and they.must stand by that investment and take what- ever losses may occur by it, as they would have taken whatever 

profits would have inured from it. 

I shall not by my vote extend the benefits of this land grant to the 

present company. Believing the land grant to ha,ve been originally 

wrong, I think it is still more wrong to give the benefits of the grant 

to gentlemen who have invested their capital in buying up bonds at a nominal price. For that rea-son I shall vote against the bill. 

Mr. KELLY. Mr. President, if we are . to distiugu~sh among per- sons who should be encoura~ed, surely the preference should be for 

tho e who ha,ve invested therr money in good faith for thepurpo eof 

constructing this road. I ·do not propose to take up the time of the 

Senate, beca,useiseethatthemorning hourisfastapproaching its close. I will simply say that these bondholders have invested of their money 

$30,000,000, and they a.sk an exf.ension of time so that they may com- plete this road which now rnus from Bismarck across to the Missouri 

River. If the time be extended, they propo e to commence the building of it beyond that point cluring the summer. It seems to me that 

the northern section of the United States and the Northwest is entitled to· something in the way of Government aid in building a, road 

to it. To show the interest that the people of that section have in it, 

I will state that I received a telegram yesterday to the effect that the 

Montana Legislative Council had voted three and a half millions of 

dollars to aid in the construction of it. This shows how all-important 

it is to them, and if they open it up as far as Montana it will become 

from that dny a paying road, and it will pour in population to the 

great Northwest and open it, which cannot be done for many a day if 

this grant be not extended. . I will say further that this company does not come here to ask any 

money aid from Congress. They do not propose to ask that a single 

dollar be paid out of the Treasury. It is only that the aid in land 

already given shall be extended for eight years longer. Let me say 

that there is no more equitable or just way of constructing a road 

than the grant of Ian ds along the route. The Goverrnnen t loses nothing; it doubles the price of the even sections tha.t are to be sold to 

settlers, and in that way realizes as much money as if all the land were sold at a dollar and a quarter an acre. Who would not give 

half the land he possessed in an out-of-the-way country for the purpose of constructing a road to enable him to get his products to the 

markets of the world Y ·It benefits the settlers; it is no loss to the 

Government; and, as no money aid is a.sked, I think the least that can be done for this section of the country is to extend this grant for a few years longer. 

Mr. B.A. Y .A. RD. I understand that an amendment was made on mo- tion of the Senator from Kansas striking out a certain proviso in the 

second section. I wish that amenilment reserved. 

Mr. INGALLS. That amendment was agreed to. 

Mr. BAYARD. I should like to ask the committee who reported 

the amendments the object of that provision in the second section, 

and why, after the deliberations of the committee on this subject, it 

should have been stricken out in Committee of the Whole without 

debate. The section is an extension of eight years of the original 

grant, with this proviso : 

That where pre-emption and homestead claims were initiated, or private entries 

and Joc.'J.tions were allowed, upon lands embraced in the ~rant to said company, prior to the receipt of theorclers of withdrawal at the r espective district land offices, the same may be perfected and carried into patent, and the company shall be entitled to indemnity therefor, aa now provided by law: Provided, That this condition shall not apply to landB heretofore patented to the company, nor to entries already can- celed and upon which the purchase money or other consideration has been returned to the respective parties in interest. 

I ask, why should not such a proviso as that be retained in the bill i 

It must have found its way there as the result of the deliberations of 

the committee, and it seems to me, with all due respect to the Senator 

who moved the amendment, that it has been stricken out from the tiill 

improperly. 

Mr. EDMt ~S. You will have to move to restore it then. It is 

not pending now. Mr. INGALLS. In re ponse to the Senato1· from Delaware-:----

1\Ir. BAYARD. I do not wish to interfere with the bill I am opposed to it· but I would move to restore that pro-vi o. Mr. INGllLS. The second section was intended to embody an~ adopt the provisions of the bill that passed the Senate a few days ago, 

No. 34 I think, on the subject of the respective claim of home ·teau and pre-emption settlers and railroad companies within the limih! of 

railroad grants. If the Senator from Delaware will scrutinize the 

section he will ob erve that, although the principle contended. for 

is embodied in the main portion of the section, yet the proviso i so in~eniously devised that it deprives the only per ons who conl<l re- cmve any benefit from it of all advantages that can be received under 

it. As I have previously srud it i immaterial to the railroad com- pany when the period of withdrawal is fixed, whether at the time the 

act is approved, when the survey is made, when the map of withdrawal is filed with the Secretary of the Interior, or when the land is 

withdrawn from market at the local land office. In either event the 

railroad company is entitled to indemnity selections within the limits 

of the land grant. But, though it is immaterial to the railroad com- pany when that period i fixeu, it is a, que tion of very great momept 

to the ettlers upon the lands from this fact : that for the past thr e or four yeru.·s adver e and conflicting decisions of the Interior Depar·tment have deprived a large number of them of their rights a!i again !it 

the railroad companies. In other words, the previous equitable con- construction now incorporated in t.Ue section 2, recognizing the rights 

of settlers up to the time when notice of withdrawal was filed in 

the local land office, has been changed to a period in many ca es long anterior, whereby large numbers of homestead and pre-emption settlers have been deprived of their homes. Theref9re this 

proviso, while it was intended, I dare say, in good faith to car1·y out 

and further the de igns of the bill, is really an entire defeat of the 

beneficent pnrposes of the section, applying as it uoe to the only 

cla s of individuals who can derive no benefit from it. Therefore 

it ought to go out. 

Mr. BAYARD. Cannot an amendment to exclude the conclusion 

the Senator speaks of be made so as not to conflict with the eftect of 

the bill which the Senate passed a few days ago in favor of the I'ightls 

of actual ettlers f 

Mr. INGALLS. As I said, it is entirely immnterial to the railroad 

company; it is a matter of ab olnte indifference to them when the 

period of withdrawal is fixed or when their grant becomes operative, 

because, whenever that period. may be, whenever it is declared that 

their rights atta-ch to the land, the statute unuer which they are incorporated says that if there are adverse home tead or pre-emption 

rights they shall be entitled to indemnity selections outside of their 

limits. It is in the interest of the ettler, both homesteau and preemption, and not against the interest of the railroad company. 

Mr. BAYARD. Then the proviso is inconsistent with the section f 

Mr. INGALLS. Absolutely. . .Mr. BAYARD. Then how came the committee to report iU . 1\Ir. INGALLS. It is my impre sion that the second section was iu 

the nature of a tub thrown to the whale. I distrust these railroau 

corporations even when they come bearing gifts. I am not sure t-hat 

the pro vi o was not deliberately intended to keep the word of promise 

to the ea,r and break it to the hope; that the purpose of its insertion wa-s to appear to concede the rightfulness of the principle that bas 

b'een discuS! ed here in the Senate and at the same time to deprive 

those persons who would derive benefit under it from the allvantage 

that it was intended to confer upon them. · Mr. MITCHELL. I understand the Senat01;, from Kansas to say in 

the most positive manner that the effect of this proviso to this section 

is to do away entirely with the former part of the section. 

Mr. INGALLS. Yes, sil'. 

Mr. MITCHELL. Now I ask him does the proviso cut off the rights 

of a settler who settled on the public lands prior to the time that 

notice of the filing of the map was delivered to the local land office 

and who e application has not been canceled by the Department and 

in a ca e where a patent has not been issued f Then I ask further if 

there is not a large cla s of persons who come within that de cription f 

Mr. KELLY. I think I can eA"Plnin the matter to the entire atisfaction of the Senator from Kansa . The ruling of the Land Office was originally that the company was not entitled.to any land until 

it was actually withdrawn in the local land offices. It seems that 

this company filed its map of the general route on the 13th day of 

August, 1870. 

Mr. INGALLS. When were the lands withdrawn f 

Mr. KELLY. The lands were withdrawn on February 10, 1 72. · Mr. INGALLS. Nearly two years after. 

1\Ir. KELLY. Eighteen months afterward. Between those dates 

there we1'e certain persons who settled on the lands, and there were certain entries by persons where the lands had been offered for sale. 

As I said, the ruling of the Land Office wa tha~ they had a right to 

settle prior" to February 10, 1872. On March 15, 1873, the Interior 

Department reversed that ruling, which of course was in the intere t 

of the company. Meanwhile there were a great many settlers upon the lands. Some of tho e settlers remain there to this day. Others, on account of the ruling of the Secretary of the Interior, abandoned 

those loca.tilln ; others who had paid money received it back from 

/ 
996 CONGRESSiONAL RECORD. FEBRUARY 10, 

• the receiver of the la.nd office; a.nd this proviso simply applies to 

that class of persons, those who have taken back their money and . urrendered their rights, or to homestead claimants who, after the 

decision of the Secretary of the Interior, went off the land and took 

other lands in lien. 

Mr. BAYARD. Does not this proviso protect that classY 

l\11'. KELLY. This proviso is intended for them; that where the 

enterers took back their money the lands shall go to the company, or where the homestead or pre-emption claimants surrendered their 

right and the lands have been patented to the railroad company, in 

that case the former part of the section shall not apply. 

Mr. INGALLS. If that is the purpo e of this proviso it is entirely 

nperfluons, because the Senator himself must be aware, as every 

other member of this body is, that a.n abandoned pre-emption right 

tloes not change the right of the railroad company. 

Mr. KELLY. That is the very reason why I said nothing at the 

time becau e it is a matter of perfect indifference to me whether it is 

stricken out or not. I only tlesired to show that it was inserted by 

the committee in good faith, because they believe that where a man had received back his money for a tract of land he ought not to claim 

any 1·ight to that land. 

Mr. HARVEY. I hope the friends of this bill will not insist upon re i ting the amendment made on the motion of my colleague. It 

must be seen that this proviso can be construed, by implication at least, as a confirmation of the unwarranted rulings of the Department of 

tbe Interior, concerning which so much discussion was had a few days 

ago during the consideration of Senate bill No. 34. I say it must be evident that the passage of the bill with this proviso could be so con- strued; and as the action of the Senate was so decided in condemnation 

of that ruling, it must be evident that the bill with this proviso in it 

would meet a very strong opposition in the Senate. 

The PRESIDENT pro tempo1'e. The question is on the amendment 

of the Senator from Delaware to the amendment made as in Committee of the Whole, to re-insert the proviso stricken out of the sec- ond section. 

The amendment was rejected. 

The PRESIDENT p1·o tmnp01·e. The question recurs on concurring 

in the amendment made as .in Committee of the Whole. 

The amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, and was read the third time. 

Mr. COCKRELL. I ask for the yeas and nays on the passage of 

the bill. 

The yeas a.nd nays were ordered; and being taken, rest:llted-yeas 

35, nays 1 ; a: follows : 

YEAS-Me rs. Allison, Boutwell, Cameron of Pennsylvania., Cameron of Wis- con in, Caperton, Ul:J.yton, Conkling, Cragin, Dawes, Dennis, Dorsey, Edmunds, Ferry~,.. Frelin~J:nysen, llamilton, Howe, In ~ralls, Jones of Florida, Kelly, Kernan, 

Key, LO!!all, .mcMillan, Mitchell, Morrill of Maine, Morrill of Vermont, Morton, O~le by,'i?addock, Patterson, R01nuolph, Sargent, WaJla-ee, West, and Windom-35. ~AYS-Me srs. Bayard, Bootlt, Cockrell, Cooper, Davis, Goldthwaite, Harvey, Jolll'l.ston, McCreery, McDonalfl. Merrimon, Norwood, Saulsbury, Stevellilon, Thur- man, Wadleigh, Whyte. and Withors-18. 

AB ENT-M rs. Alcorn, Anthony, Bo,gy, Bruce, Burnsido,Christiancy, Cono- v r, Eaton, English, Gordon, Hamlin, Hitchcock, Jones of Nevada, Maxey, Ran- som, Robertson, Sherman, Spencer, and Wright-19. 

So the bill was passed. LIZZIE DICKSO~. 

Mr. WEST. I failed to notice yes~erday, Mr. President, that the 

Senator from West Virginia [.Mr. CAPERTON] reported from the Committee on .Claims adversely upon :1 bill for the relief of aMiss Dickson 

and the bill was postponed indefinitely. Had I been here, I should 

haveasketl that the bill be placed on theCalendarwithout action. I move to reconsider the'vote by which the bill (S. No. 246) for therelief of Mi s Lizzie Dickson was indefinitely postponed, and ask that 

it be pla.ced on the Calendar merely for the pmpose of preventing the 

parties being concluded against positively at the present time. 

The PRE>:siDENT p1·o. tempm·e. The Senator from Louisiana moves to reconsider the vote by which the bill was indefinitely postponed. 

The motion to reconsider was agreed to. 

The PRESIDENT pro tempore . . The bill will be placed on the Calendar. CENTENNIAL EXPOSITION. 

The Senate resumed the consideration of the bill (H. R. No. 514) 

relating to the centennial celebration of American Independence. 

:Mr. NORWOOD. Mr. President, we read in an eastern story of an orphan prince s who, hearing and believing that in a distant land and on the summit of a lofty mountain there were precious treasures, com- mi sioned a brother to make the jomney in order to obtain them for 

her. He went, and arriving at the base of the mountain, met an aged 

man who told him that in ascending he would he~trthreats of violence, 

and should he heed them and look back he would turn to stone and fall 

on the mountain- ide. He began to ascend, a.nd hearing the predicted 

threat , he became alarmed, looked back, and turned to stone. Another 

brother made the attempt, a.nd not heeding the counsel given, he met 

the same fate. The prmcess then undertook tht\ perilous journey, and 

when told of the dangers, he stopped her ears, fixe<! her eyes on the 

summit tu\'ned neither to the right nor the left, ascended to the top, 

and secured the treasures. ·Five year ago the State of Georgia, queenly even in her desolatjou, 

believing that in the future upon the lofty plain of constitutional justice and:equalitywerethe treasures of peace and prosperity in reserve for her, commis ioned one of her burn blest sons to assist in the endeavor 

to ecur tho e ble ing for her. He came, a.nd before entering upon 

tho labor a signed to him he was told of the taunts and sneers and 

jeers he would hear aronncl him; but at the outset here olved that, fixin~ his eye upon tho ble ings which his mother so much needed 

and desired, he would neither look to the right nor to the left, but 

press onward a.nd upward in the endeavor to secure them. How far 

that re olution ha ueen kept he leaves to the judgment of his brother 

Senators, republicans and democrats, and to the records of this Senate. 

He bas cliscu ed party politic freely a.nd boldly, but has n ver utteretl a word in this Chamber that was sectional in its character or · calculated to wound the honor or the pride of any man from any sec- tion of this Union. 

nut why this reference, it may be asked. Because, sir, since the 

discus ion on this amnesty bill, in Congre s, on the streets, in the 

press, it has been said that the vote of a southern man upon this question was to be regarded as a test of his patriotism. Sir, if to vote 

away millions of money upon a power which some of us believe to be 

unconstitutional, and which many of us believe to be at the best 

doubtful, and which others still believe•to be inexpedient and unwise, 

be the test of patriotism, I am free to say that I do not love my coun- ti·y. Thee remark , again, are suggested by the words which fell 

from the lips of a Senator in discus ing this question on yesterday. 

He said, if I be not mistaken, that it was "indecent and mean" not 

to make this appropriation. .A.s a matter of course, those who vote 

against the bill must be indecent and mean. Mr. MORTON. With the Senator's permission--

1\Ir. NORWOOD. Certainly. 

Mr. MORTON. I presume the Senator refers to the remark I made 

yesterday. I believe I used the word "decency," but I used it as I 

intended to, if I was not so understood, as to the attitude the nation 

would occupy if it should refuse to make an appropriation to pay the 

expen es of this Centennial after having invited the nations of the 

world to come here. I did not intend to reflect upon the motives of 

any Senator. I believe I have never done such a thing in the Senate. 

I think I applied the word "mean" perhaps to an amendment that 

had been offered to the bill requiring the United States first to be 

repaid in preference to the stockhold~rs or those who had subscribed 

stock. I did not think well of that amendment; but I certainly had no purpose to reflect upon the motives of any Senator whatever. I 

merely intended to indicate what woulcl be the position of the nation 

in my opinion if, .after having invited the nations of the world to come here, it should refuse to contribute to the expenses of the Centennial. 

11Ir. NORWOOD. With great pleasure I accept the explanation of 

the Senator, and therefore shall omit what I intended to say on that 

subject. I know the words were used by him, a.nd I thought, in 

application to tho e who oppose this bill.. I hope, therefore, that this 

question of patriotism, of a man being patriotic or unpatriotic ac- cording to the views he may entertain on this question or the vote 

that he may ca-st, will no longer be heard in this Chamber or elsewhere. · 

Premising that much, I desire now to consider this question calmly, 

dispassionately, and in the light of law and of reason. The :first thing 

to be considered is the character of the bill. This is a bill tO' appropriate the sum of 1,500,000 to complete the centennial buildings in 

the city of Philadelphia. By the act of J nne 1, 1872, the Centennial 

Commi sion is declared to beA. body politic and corporate in law, with power to do such Mts, and enter into 

such obli~~tions, as may be promotive of the purposes fo.r which such commis ion was esttl.blished. Its title shall be the United Sto.tes Centennial Commission. It 

shall have a common and corporate seal, and possess all the right-s incident to cor- porate existence. 

Who, then, is to be the beneficiary of this fund T It is the centennial board of :finance, which is a prit:ate corporation. 

I wish to divest this question of the idea that the people are interested in it. It is all a mistake. The people have no interest in a dollar of t.his million five hundred thousand dollars, except to keep it 

in the Treasury. It is to be used for the erection of buildings that 

belong to a private corporation. This fact is not questioned by any 

friend of this bill. · Then, second, what is the pmpose of the fundY Why, sir, it is to 

be used in a private speculation. To make this clear, let us look at 

the a.ct jnst referred to. Section 10 is as follows: 

SEc. 10. That as soon as practicable after the sa.id exhibition shall have been 

closed it shall be thedntyof said corporation to convert its property into cash, and , after the payment of all its liabilities, to divide its remainin~ assets among it.s stock- holders pro rata, in full satisfaction and discharge of its ca.p1tal stock. 

Thus we see that this appropriation is not only for a private corporation, but it is for the exclusive pecuniary benefit of the stockholder 

in that corporation. They can apply the fund as they see fit. If they 

erect buildings they will belon~ to that corporation, and the procee<ls of sale, if the buildings shoula be sold, will go to the stockhol<ler:;. 

The delusion is cheri lied by many that this money is to be appropriated to celebrate the Declaration of Independence, w bile others 

know it is for the exhibitiOn of the arts and manufactures. Wl.lethcr 

it be for either, or whether it be for both, in my judgment, after ma- ture consideration, the appropriation find no warr. nt in t.he Con titution. Has Congress the power, a.nd this is the naked question, 
1876. CONGRESSIONAL RECORD .. 997 

eli vested of all garniture, to appropriate money to be used by a priV:1te corporation in a private speculation for its own benefit T That 

is the whole question, and I now come to a consiqeration of the con- stitutional view of it. It is not pretended by m1y friend of this measure that there is any direct grant of power in the Constitution 

authorizing this appropriation. There is not a clause in the Constitution to which any friend has pointed as containing a direct power 

to :1ppropriate money either for a celebration or for the exhibition 

of the arts and sciences. Consequently the only way in which the· power can be arrived at is by construction; and it is a singular f:1ct 

that, in looking for the power upon which to support this bill, there are but few of its friends who agree. It is sought by some in the first 

clause of section 8 of article 1. It is sought by others in the power 

to regulate commerce. It is sought by others iri the preamble to the 

Constitution. It is sought by others still in the powers that relate 

to foreign countries, and others find it in the treaty-making power. 

To say the least of it, that must be an exceedingly doubtful power of 

Congress which the friends of a measure have to fish for in six or eight different clauses of the Constitution. 

As to the .first clause of section 8, article 1, of the Constitution, I ~:>ay that the history of that clause shows that no such power is given 

by it. That clause when first introduced in the convention was in 

the following words. I quote from the Madison Pap rs, page 1485: 

8eptember 4 * * * Mr. Brearly,_from the committee of eleven, made a further partial report, as follows ; The committee of eleven, &c. 

Reported the clause in these words : 

The legislature shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and gener:JJ welfare 

of the United States. · 

It will be observed in that clause, the qualifying clause, which is 

in the Constitution, to wit, that '' duties, &c., shall be uniform," is 

omitted; and that after the word" excises" the word" to" comes as a continuation of the sentence, being only separated from the word 

''excises" by a comma, just as in the clause we are now construing. 

l3ut when we come to look at. the grammll>tical construction of that 

clause, we find indubitable evidence impressed upon it by the education and the common sense of those who framed it that they never intended that the clause which is relied upon, to wit," to pay the debts 

and provide for the common defense and the general welfare Of the 

V ui ted States," should give asn bstan ti ve n.nd a separate power to CongreBs. Looking a t the grammatical construction, we find the following reasons for the meaning I claim the framers of the Constitution 

hull in mind: 

} irst. That in section ~ of article 1 of the Constitution there are eigl!teen separate paragraphs. 

:::lecond. Ba-ch of these pn.ragraphs contains a separate and distinct 

grant of power. 

Third. Each paragraph thus containing a distinct grant of power 

begins with a capitallet.ter, as though it were a complete and distinct sentence. And in the original draught of these several powers 

submitted to the convention, each paragraph was a complete sen- tence, because it was terminated by a period. 

Fourth. Each paragraph as at present punctuated termin:ttes with a semicolon. 

.Fifth. The first semicolon in the first paragraph (the one under 

consideration) is pl:tced, not after the word "excises," but after the 

words "Unit-ed Sta,tes." · Sixth. The wor ls in the first pMa.graph which are a limitation on the power to l:ty and collect taxes come after the portion of the para- ~raph which it is claimed gives a distinct and substantive grant of 

power, to wii, the words "to pay the debts and provide for the com- mon defense and general w.elfare of the United States." Had the 

words to "proviue for the common defense and general welfare" been 

illtemlcd to give a 1.mbstantive power, they would not have been 

placed between the words giving the power to collect taxes and the worus which qualify that power by prescribing the manner in which 

taxes shall be levied. 

Again, the reading which makes the expression, "to pay the debts 

aml proviue for the common defense and general welfare of the United 

States" a substantive power is a cruel criticiam on the common sense of the framers of that matchless piece of mental mechanism; for it 

makes them declare ~:~olemnly that, as a separate power, Congress shall 

ha.ve the right "to pay the debts of the United States." For, if the 

words relieu on, to wit, "to pay the debts and provide for the com- mon defense and general welfare of the United States" give a substantive grant, they include three distinct grants of power. The first 

is, "to pay the debts," the second, " to provide for the common defense," and the third, ''to provide for the general welfare of the 

United States." The convention h&d already provided that all legislative powers granted in the Constitution should be exercised by 

Congress and that money should be raised by taxes imposed by Con- ~ress; and yet we are told that those wise men intended to provide 

1 urther that, with all legislative power under its control and with the 

money in hand collected by taxation, Congress should have the power 

to pay the debts of the United States. What other power in the Govern- ment did those sages suppo!Se would pay the public debts that made 

it neco ar~, in their solemn judgment, to grant that power to Congress as a power distinct and separate from the power to collect taxes T 

No, sir, these words were intended only_ to specify the purposes for 

which the power t<> collect ta-"-es was given and that the money 1-.hus 

raisecl was to bo used only in pn.ymg the debts and for the coUJ.mon 

defense, (as by supporting the Army and Navy,) and for the general 

welfare as pointed out in the various clauses which follow in section 

8. For, to regulate commerce, to establish rules for naturalization, 

coin money, establish post-offices and post-roads, and other powers 

thereinafter named were intended for the general welfare. 

But another and fatal objection to this reading is, that it renders 

nugatory and useless all other grants of power contained in this sec- tion; for, if "to provide for the common defense and general welfare" does not mean that the power is to be exercised in the manner pointed out in the several paragraphs of section 8, then there is no limitation on the discretion of Congress as to how and when and to 

what extent it may go in providing for the general welfare of the 

United States. 

Again, and lastly on this hea-d: When the people had the Constitution under consideration to ratify or reject, objection was ma-de to 

this clause in section 8, that it gave Congress unlimited power and 

discretion in providing for the general welfare. Mr. Madison met the 

objection in the following language, to be found in the fortieth num- ber of the Federalist: 

Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack a~ainstthe Constitution on the language in which it is defined. 

It haa been urged ana echoed that the power " to lay" and collect taxes, duties, imposts, and excises, to pay "the debts and provide for the common defense and gen- eral welfare of the United States," amounts to an unlimited commission to e:xerciso every power which may be alleged to be n ecessary for the common uefense or gen. eral welfare. No stronger proof could be given of the distress under which t hose writers labor for objections than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of Congress been found in the Con- stitution than the general expressions JUSt cited~ the authors of the objection mi~ht 

have had some color for it; though it would have been_ difficult to fiml a reason for so awkward a form of describing an authority to legislate in all possil.Jle cases. A power to destroy the freedom of the press, the b.ial by jury, m· even to regulate the com-se of descents or the forms of conveyances, must be very singularly expre. sed 

by the terms " to raise money for the general welfare." But what color can the objection have when a specification of the objects alludeu to by these general terms immediately follows, and is not even separated by a longer pause· than a semicolon~ If the different parts of the same instrument ought to be so expounded as to give meaning to every part which will bear it, shall one part of 

the s'lJDe sentence be excluded altogether from a share in the meaning; and shall 

the Ulore doubtful and inde:fini te terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever 1 For what purpose coulu the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general ~ 

Nothing is more natUYal or common than first to use a general phrase and then to eX}>l. in and qualify it by a recital of particulars. But the idea of an enumeration 

of particulars which neither explain nor qua.lify the gen eral meaning, and can have no other effect than to confounu and mislead, is an absurdity, which, as wo are re- duced to the dilemma of charging either on the· authors of the objection, or on the 

authors of the Constitution, we must take the liberty of supposing had not its origin with the latter. 

The objection here is the more extraordinary, as it appears that the language usecl 

by the convention is a copy from theAI·ticlesof Confederation. The objects of the 

Union among the States, as de~cribetl in article 3, are, "their common defense, 

security of iheir liberties, and mutual and general welfare." 

The terms of article 8 are still more identical. "All charges of " war, and all . other expenses, that shall be incurred "for the common defense, or general welfare, 

and" allowed by the United States in Congress shall be "defrayed out of a. com- mon treasuryr" &c. A similar language again occurs in article 9. Construe either o 1-,hese a.rticies by the rules which would justify the construction put on the new Constitution, and they vest in the existing Congress a power to legislate in all ca,':Jes 

whatsoever. But what would ha.ve been thought of tlw.t assembly if, attaching themselyes to these general expressions, and disreg:arding the specifications which 

ascertain and limit their import, they had exerciseu om unlimited power of providing for the common defense and general woalfare i I appeal to the objectors themselves, whether they would in that case have em- ployed. the same rea~oning in justification of Congress as they now make use of 

against the convention. How difficult it is for error to escape its l)WU condemnation. 

But I will consider these words u.s containing a distinct gmnt of 

power. If that be true, then what follows 'f Does it notfollowthat 

this, power can only be exercised by Congress, and th:tt it is taken 

from the States and from the people of the States 'l Does it not follow that this power is an exclusive power 'f Who can provide for the common defense except the United States through Congress 'f No 

State can provide for the common defense. That one fact was the 

main rea-son that induced the States to form a Constitution; because 

each one was unable to protect itself, and they could not protect each 

other. I say, therefore, that if this be a substantive power it is :1n 

exclusive power, because, in the nature of our Government, it c:tn only 

be exercised by the General Government. Then if it be an exclusive 

power, a-nd the power to celebrate the Declaration of Independence is 

derivable from and is an incident to that power, it follows as an inevitable, logical sequence that the power to celebrate the Declaration of 

Independence is taken from the States and from the people. 

Mr. President, that brings the question to its logic:tl absurdity. To 

say that the pe.ople and the States cannot exercise the right of celebrating the Declaration of Independence is simply absurd. But I say 

that it is not absurd, but it is strictly logical that, if the Congress 

of the United States can under this grant of power derive authority 

to appropriate money for that celebration, it must be only because it 

is one of the means necessary for the common defense and general 

welfare, and the United States alone can provide for the common defense and general welfare of the whole Union. Neither the States 

separately nor the people can exercise this power, and neither, themfore, can exercise anypower derivative from this power. Andhence, 

the power to appropriate money for this celebration being derived 

from the power to promote the general welfare, neither States nor 
998 CONGRESSIONAL RECORD. FEBRUARY 10, 

people can provide for this celebration: Hence we must see that the 

right to provide for this celebration is not one of the methods by 

which the power to provide for the general welfare is to be used. 

But, sir, it is further said by some that the United States Government has the inherent power as a-nation to celebrate the anniversary 

of its birthday. I propose very briefly to analyze that proposition. 

For the sake of the argument, and only that, I concede that the United 

States are a nation; then the question arises how do they come to be a nation f What has made them a nation f Thev were not a nation 

before the adoption of the Federal Constitution. ·If they be a nation, 

then they are made so by the Constitution; and if matle so by the Constitution, I dare say there is no one, however liberal, federal, or radical, who will maintain that they are any more ?. nation than they are so constituted by the Constitution itself. If that be true, we have 

to look to the Constitution to find the power which we as a nation can exercise in celebrating our Declaration of Independence. 

Now, sir, what is this nation according to the Constitution f We 

have a judicial, an executive, and a legislative branch-three departments that make up the nation. It is very evident that the executive 

is not the nation. It is equally cle:l>r that the juclicial department is 

not the nation. It is equally clear that Congress is not the nation. 

So, what ha-s become of the nation f \Vhere is your nation that can appropliate money to celebrate the Declaration of Independence by 

virtue of an inherent power f Your nation has dwindled into the 

Congress of the United States. The power you are seeking to exer- cise a-s a nation is finally to be sought for in the power to levy taxes, 

and collect money, and make appropriations, and the only department of the Government that can do these acts is Congress. It is 

suggested by my friend on the left [Mr. EATO:N] that, if this bill 

should happen to be vetoed, where would be the inherent power of 

your nation T Your nation grows smaller and smaller. The nation 

has dwindled not only into Congress but your nation is controlled by 

the veto power, and must get two-thirds of its number to concur before it can exercise an inhm·ent right. .And yet there is an inherent 

power in the nation to approprin.te money to celebrate the Declaration of Independence I So that those who seek for this power in the 

nation, after traveling round and roann in following this illusion, 

finally come right back to the point whence they started; and that 

is the pcwer of Congress to appropriate money for a celebration. 

But, sir, there is another class of interpreters of the Constitution 

who find the power to pass this bill in the general powers granted to 

Congress to be exercised in om foreign relations. They allluit that 

the powers which are granted to Congress to be exercised between the State~:> and tht} cit.izens of the States are limited, but they assent that, 

when we look at the powers that relate to foreign governments, that 

establish relations between the United States and. foreign c<mntres, 

all the powers are unlimited; and it is as if we stood upon the shore 

and looked out upon the boundless horizon with nothing to obstruct 

the view. 

In the fhst place I deny the proposition that this class Of powers 

h! unlimited. There are many things which we, as a Government, 

ca.nnot do that other nations can. But, admit that those powers are unlimited, then what follows when we come to consitler the manner in which those powers are to be exercised ¥ The exorcise of those 

powers must have a reasonable intendment. They must be construed 

with reference to the objects for which they were granted. They were granted for the pmposo of regulating the relations between the 

United States as a·Government and the governments of foreign coun- tries. They were intended to establish relations between foreign governments and -the Government of the United States. They were intended to secure something that would be beneficial :mel would be 

permanent. They were intended to be exercised according to law and 

in pursuance of law. Now, does this bill establish any relations between the United States and any foreign country f Is there anything 

secured to this Government in its relations to any other government 

by this bill 'i Does it establish, affect, or abrogate a treaty T Has it 

any relation to foreign governments 1 Sir, the operation of this bill 

term.inates in the centennial commission of finance, anu when that 

is closed what will be left of this law¥ When those who are drawn 

here by the courtesy of this Government; when those who will be ex- haled from the great ocean of humanity by ·the burning zeal of this 

central SLLD in our solar system, shall gather and condense upon our 1:1hores and disappear again like vapor, what will there be left of this 

legislation T Any law T Any relations established between this Government and a foreign government! No, sir. There will he nothing 

left but the empty vision of a gorgeous pageant. 

But, Mr. President, I have been .considering the different grounds 

which are assumed by the friends of this bill when they are seeking 

for power upon which to found it. I now come to consider what I 

believe to be the true question involved in this case. I do not think 

that the question arises out of the power of Congress to provide for 

the general welf:tre, or from the power to regulate commerce, or from 

the power of Congress to establish foreign relations; but in my opinion t,JJ.ere is a clause in the Constitution which controls and forbids 

action by Congress on this bill. 

By referring to the legislation on this subject we find that this ex- hibitiou has not been gotten up to celebrate the Declaration of Independence. That is all a sham_ The finst act provides for '' celebrating the one hundredth anniversary of American Intlependence." 

How f Why, "by holiling an inte1·nu.tional elili.ibitiou ef arts and 

manufa.ctures, and products of the soil and mine;'' The centennial o:d our Independence is to be celebrated; but it is to be cel~brated by an exhibition of the products of the arts and the sciences. This fortunately divests this question of all sentiment, of all patriotism. The cenLennial celebration of the Declaration of Independence is not even ru. 

secondary consideration. We are simply to exhibit to the world what. we have accomplished in the arts and sciences. 

Now, sir, I invite the attention of the Senate to a consideration of 

the question, whether there is not a; limitation in the Con.stitution 011; 

the power of Congress to appropriate money to patronize the arts and. 

sciences by erecting balls at Philadelphia or elsewhere ¥ Has Con-· gress the power to patronize the arts :mel sciences of foreign countries t' 

Can we do indirectly that which we cannot do directly 'I Can we promot-e the arts and sciences of the subjects and citizens of·other conn- tries more than we can those of our own T None will dare a sm it. 

Then, sir, if that be true, I say that there is a direct and positive limitation upon the power of Congress and of the United States Government to patronize the arts and the sciences, or either, even to benefit 

the citizens of the United States, and that the limitation is containe<.I 

in the eighth clause of the eighth section of the first article of the Constitution, which is in these words: 

Congress shall have power to promote the progress of science and useful arts, by 

securing for limited times to authors and inventors the exclusive right to their re- spective WI'itings and discoveries. 

Now, if the power of C~ngress to pron:iote the progress of science 

and the useful arts is limited by the Constitution, we have no au- thority to go beyond that limit. Has a limit been fixed' The provision is that Congress "may promote the progress of science and 

the useful arts." This clause was inserted after the maturest consid- eration upon two or three · ela.uses of this character that were introduced and submitted to the convention. 

On August 18, 1787, :Mr. Madison submitted _to the convention, 

among other propositions for its consideration and action, the following: 

The power in Congress" t4l secure to literary authors theil' copyrights for a lim- ited time; 

"To encourage by premiums and provisions the advancement of usefulknowledg& and discoveries; 

" To establish seminaries for the promotion of literature and the arl8 and sciences."• 

It will be observed that all these several propositions relate to the 

arts ancl sciences. 

The first was to secure copyrights to literary authors; the second 

to encourage "useful knowledge anO. discoveries,'': which mean nothing else than the arts and sciences ; and the third to promote the arts 

and sciences. Thus we see that the question of promoting the arts 

and sciences in three different methods was considered and decided . on by the convention. .Ancl what was their decision'? Was it toestablish seminaries for that purpose7 No, sir. Did they decide t.o 

give Congress power to erect magnificent halls for that object? Did 

they leave the power of Congress over this subject-matter unlimited; 

to do 'vhatever in their discretion they might judge to be'' for the general welfare f " Far from it. We find two positive limitations. By 

the first they confine any action of Congress to the 'useful arts; and 

then by the second they restrict the ·power still further by prescribing the manner and the only manner in which the progress of the use- ful arts and sciences can be J>romoted by Congress. They confined it 

to the pqwer to secure to authors and inventors the excln ive rights 

to their writings and discoveries. .And thirdly they still further re- stricted even this limited manner of exercising this power by sayincr, 

the exclusive right of authors and inventors should exist only for~ .... "limited time." 

It is a rule of construction applicable to the Constitution that 

where a power is given and the exercise of that power is limited to a particular manner, Congress has no right to exercise it in any other manner. If then Congress is restricted to promoting the progress of 

science and the arts, first, to science and the nsejttl arts, second, to 

securing to authors and inventors the exclnsive right to their productions by copy1ight and by patent-right, and, third, to granting an ex- clusive right for a limited time only, then Congress has no right to 

patronize or promote science and the arts, that is, all arts, in the man- ner proposed by this bill. And what is an appropriation of $1,500,- · 

000 to erect buildings in which to exhibit the products of science and 

all the arts, if it is not "to promote science and the arts f'' The 

power to make this appropriation of money :hlready collected by taxation includes the power to tax for the same pLLrpose. The power to 

make this one appropriation inclades the power to levy an annual 

tax for this purpose. The right to erect bllildings to exhibit products 

of art, carries with it the right to appropriate money from the public Treasury to keep the buildings open and maintain the expense of 

an annual exhibition. And thus we are drifting. Barrier after barrier is broken down, and power upon power is usurped. 

But, Mr. President, it is said that this bill is patriotic. We are just beginning to discover it, at the end of five years. It is said "the 

honor of the Government is at stake.'' When the Centennial Commission, about two years ago, asked Congress to pass an a.ct inviting foreign countries to come, we did not think then the honor of the Government was involved. Nothing then was said about the honor of the 

Government; but, on the contrary, the honor of Congress at that time 

se4"!rned to ~e somewhat involvecl1 at least we thought so.J ancl we took 
1876. CONGRESSIONAL RECORD. 999 

the precaution to put upon record at that time 1.md for the third time 

the declaration, not only to the CentenniaJ. CoiD.l'ills ion but to the world, 

tha.t we did not intend the Government should be responsible for a dolla-r of this exhibition. It as declared again, when, at the request 

of thi commission, Congress authorized the President to is ue his 

invitation to foreign citizens and subjects to be represented at this 

international expo ition. 

Congress denied all liability of the Government again when it 

authorized the striking off of medals to be used at this exposition, 

becau e Congress then declared that the medals themselves hould ue paid for by the centennial board of :finance without any expense 

to the Government. Yet some change seems to have come over the 

spirit of the dreams of Senators. Senator after Senator has risen to 

state that he has changed his mind on this subject. 

Mr. RANDOLPH. May I interrupt the Senator from Georgia T 

Mr. NORWOOD. Certainly. 

Mr. RANDOLPH. By what authority does Congress award medals 

and give them to those who have performed a meritorious or patriotic 

actf 

Mr. NORWOOD. I will answer the Senator by saying that I will 

not follow the Senator or the Senate into the doubtful :field of precedent to :find aut:t.tority upon which to base my action and my vote. 

I stand upon the Constitution and its plain letter, which is the lamp 

that is to guide my feet; and if I do not :find it there, I will not wan- der upon the uncertain limits of the Constitution, into the twilight 

of truth and error to grope in seeking for a power that we may_ ex- ercise for an act whlch is, to say the least of it, doubtful legislation. 

Precedent after precedent, snch as the Senator on my left has called 

my attention to, can be cited, for which there is no grant of power 

in the Federal Constitution. I do not seek for it; I do not justify 

them; I will not follow the ignis jat-u.us of legislative precedent which ever hovers upon the confines of the Constitution and beyond its con- fines, and over the bogs and quicksands that lie beyond: and where, 

when we venture, we must inevitably sink. Had I been a member of 

Congress when the n,ppropriation was asked for to defray the ex- penses of attending the exposition at London, at Paris, and at Vienna, 

I should have refused my vote to those bills. .And the reason is, as already stated, that the Constitution limits the power of Congress 

to promote science and the useful arts by the exercise of its power in a particular manner, and in that manner only. 

I have aJready shown that one of the three propositions submitted 

by Mr. Madison, and considered and rejected by the convention, was to give Congress the power to oestow premiums, which, of course, includes mednJB . . Mr. RANDOLPH. If the Senator will allow me, by what authority 

does Congress grant or did Congress grant pensions to the widows of 

soldiers 

Mr. NORWOOD. I have no objection to answering that question; 

but, as I said before, all these questions are aside from the issue that we are considering. I answer him by asking what right Congress has 

to rai e an army 'f By n, power granted in the Constitution. ·who 

constitute the army Soldiers. Does it not .necessarily follow that 

if we have the right to raise an army, and soldiers make the army, we have the power to provide for our soldiers; and is not a pension one of the .provisions for soldiers~ 

Thero is no use to dally upon questions of this character. The question is simply this; it is nothing more and it is nothing less; Shall we in con truing the Constitution grasp at and usurp a power to be ex- ercised in promoting the a.rt.s n.nd sciences which the convention had uuuer con~:>iOeration and expre sly refused to incorporate into the Constitution 'I More than that; waiving the question of the consideration 

by the convention, waiving the light that is thrown upon the Constitution by their deliberations, and taking the Cop.stitution in its plain 

letter n:s we read the English language, as men of common sense and men of liberal education enlightening that coiiimon sense, I say that 

language limits the power of Congress over the arts ~d sciences to 

the exerci e of it in ~ particular way, and Congress cannot exercise 

that power in any other manner. . But, :Mr. President, returning from this diverson, I say the dignity 

and honor of Congress are more involved in this question than the 

honor of the United States. We have said four several times that the 

United tates would not be responsible to the exterrt of a copper in ·carrying on this exhibition, and, after having denied to the Uentennial Commis ion a dollar until last year, are we now to yield f .A:re we to say to them that, notwith~:>tanding we have incorporated into this 

bill the very language which we have used time and again before, we do not mean what we sa.~· f 

For one, I am not willing to publiah to the world that we have never llitended what we said and that we do not mean what we say now. We are now surrendering, and in the very moment of surrender 

declaring that we will never surrender again. Our stout refusal and our surrender appropriately suggest a paraphrase of the language of 

GlosterWas over Congre8s in this humor woo'd 1 

Was ever Congress in this humor won~ 

From ,'500,000 given last year we now jump to three times that 

amount, and I put thfl prediction npon record, and I think that time 

will vindicate my jnugruPnt, t hat the next session of this Congress 

will witness an application to this body for a~ much or more than we are now called upon to appropriate, to defray the expenses of this 

exhibition and" to protect the honor of t~e United States.'' 

How ha the honor of the United States ·become involved in thif. 

matter, I would like to know 'I I listened in vain for the chairman 

of the committee to explain. He said the honor of the GoYerumont 

is involved. Do we xpect the governments of other countries to be 

here 'I Do we expect the beads of governments to be here 1 Does au~ 

gentleman here flatter himself that he will look into the face of 

kings and emperors, of sultan , sultanas, and pashas f They have 

not been invited, in the :first place; in the second place they will c r- taiuly not come; and, in the third place, those who are coming will come to exhibit their property in the form of products of art and man- ufactures; and those who have not these things will not be here x:-

cept as idle spectators, and they will pay their way. It is a matter 

of history that the expenses of this Government-and when I say 

Government I mean those who went to represent the Government at 

Lonuon, Paris, and Vienna-were not pa,id by tho e respective cities 

and governments. Our people paid their own ')ay like true independent Americans. They pa,id their money, went where they pleaseu, ex- hibited their wares and their ba.ndiwork, and returned home with 

their premiums. So it will be with tho e who come from foreign 

countries here. They are coming here to ~xhibit their manufactures 

and to compete for premiums. and those who have none to exhibit will 

not come. How, then, i the honor of the country involved 'I Is it 

because we have not made provision iu the buildings for exhibiting 

their arts and their manufactures Y Before the invitation was ex- tended the governor of Penn ·ylvania notified the President that am- ple provision was made for the buildings, and if the buildings are not 

ample the honor of the United States is in no sen e involved and 

cannot be compromised. 

But, Mr. President, I pass from this view of the subject to flay a few 

words on the effect of legislation like this. I believe it will be for 

evil, and evil only. Its baleful influence will reach far into tho future. It is, in my opinion, not consistent with the character of the 

American people; it is not republican; it is imperial; it is a fungus 

growth, and not a hen.ltby product of ths Constitution. I had always 

believecl from my early youth that there was something in the mission of the America,n people among the nat.ions of the earth like that 

of th~ J~ws, who were the chosen people of God. I believe our mission is to level the mountains, to raise the plains, and to make smooth 

and straight the way; that we are the pioneers, the advance guard 

of human freedom. 

Already have our pickets, following the sun in hi.s course, reached 

the P:'stern shores of China and Japan, and ta,ken possession of the 

islands of the seas. With the banner of the cross in one hand and the 

flag of their country in the other, they are parting the jungle and 

straining forward to reach the benighted and .the oppressed. Behind us the ruilliovs in the Old World are sleeping under the tyrant's spell. 

But they are lying in bivoua,c, and now and then, as the dawn draws 

nigh and sleep sits lighter on their eyelids, bright dre:tms of perfect 

freedom in a land of oonstittttionallaw come to them "in visions of the 

night" a,nd beckon them a, way; and, quickened by the joyful longing, 

they start and wake and try to rise. If we will be true to our faith, to · constitutional law, and hold up with steady hand our noble ensign, 

at the reveille of freedom they will rise in majestic order and follow 

the standard which we, in the New World, have raised and advanced on high. 

But, sir, why has our standn.rd been thus advanced' Why do a hundred years their radiant wings expand n.round it. Why has 

America, during one century, so far surpassed the states of the Old 

World Y .A:re we not Englishmen by origin 'I .A:re we not a composite 

people-English, Irish, Scotch, German, ~Tench' Why then have we done more than all the mother states in the arts and science , in subduing nature, de troying space, reclaiming the wilderness and desert, 

in missiona,ry work, and, generally, in the great labor appointerl to men and nations-the amelioration of the condition of mankind f Is it 

accidentalf No,sir; no. ItistheresultofAm.ericancivilization,and 

this is due to the form and spirit of our Government, which is a, government of law. Comp~ex in form, it is, nevertheless, easy and steady 

in its movement. Rightly administered, it is invisible to the citizen, 

and, like the atmosphere at rest, bears equally on all and oppresses none. It leaves the citizen free; free as the casing air, to grow in indepemlence, to expand in manhood, and to stand alone. Were I to attempt to 

describe the charader of an American in one word I would sum it up 

in self-reliam,ce. Self-reliance is the spirit and soul of self-government. 

It is photographed in the Constitution. The people in that covenant 

said but two things: "'Protect us against foreign foes and State against 

State, and leave us free; let us alone." This spirit burns in the very 

words which deny our right to pass this bill. For the people said to 

Congress, "All we require you to do to promote the arts and science is 

to protect the products of our brains and our hands against piracy 

and infringement, by copyright and patent-right. We a~k no more and we intend you shall do no more; for each and every power not 

herein dele~.:'~' ted to you we expressly reserve to ourselves." 

It was sou-reliance that nerved the few patriots a,t Mecklenburgh 

to issue the :first declaration of American Independence. It heav~cl 

the tea into Boston Harbor. It was this that made the unda,unted 

Moultrie reply to his despairing comman~er, " Colonel, I'll hold the 

fort." It gave as a rich legacy to American history the fame of Ser- ~eant Jasper, Daniel Boone, Lewis of Virginia, and. a thousand like 

mtrepid spirits, and it equipped. tllC soul of Marion, the swamp-fox of 

the Revolution, and made him an army in himself. Over the <leserts, 

through the wildel"ne ses, under burning sun whose kiss is contagion, 
L 

1000 CONGRESSIONAL RECORD. FEBRUARY 10~ 

and over Arctic fields of ice it has sustained the missionary who, in 

bearing his message frorri the Father that there is a rest, a home for 

the weary soul, tells also the oppressed of a refuge in a land on which no tyrant's foot for a hundred years has trod. But for this characteristic of Americans the Declar3tion of Inclependence, whose centennial 

marks the grandest epoch in time, save only the Savior's incarnation, 

could never have been possible. 

And, sir, shall we perpetuate this spirit o_r shall we destroy itT If 

you would strike it down, pass this bill. Pass it, and teach ·the people that hencefoth they must lean npou the Government, and not th~ 

Government on them. Teach them that individual enterprise and 

self-reliance are no longer profitable. Tea{lh the l!'ultons, the Morses, 

the Cyrus Fields that t.he high way of genius to fame and fortune no longer lies through want, privation, and the throes of thought in labor, 

but that it leads through the lobby to the Halls of Congress. Let the 

poor see that the sweat of their brow, transformed into gold, is dealt 

out by the Government to the rich to make them richer. Establish 

fete-days and festivals at the public expense, as did the Roman con- suls when moving for empire, and soon the Lupercal will be followed 

by the Saturnalia. No, let us rather in this Centennial reconsecrate 

oursel ve1:1 to law-to constitutional law-which is our only hope. As 

patriots-not as partisans-as sons who have received from our fathers a rich inheritance, as fathers whose offspring must suffer by our departure from law, let us not wander beyond the confines of the Constitution, or to its uncertain limit, to search for doubtful power to do a useless n.ct. This legislation has that "increase of appetite" that 

grows by what it feeds on. If we yield now, where is the resolution, 

the will that c.an stay t.his pressure to reach the public Treasury T 

S(!hemes, devices many and plausible, will meet you at every turn and 

press this poisoned chalice of "the general welfare" to your lips. 

And wp.o that takes this step in the dark can refuse to take another t 

But, should any friend of this measure ask whether I favor a celebration of the Declaration of American Independence, I tell him yes; 

l.mt the celebration I desire to see and for the world to witness is far 

ditlerent from the one he is seeking to provide. He would diligently 

search for what at best is a doubtful power, and exercise it to get 

at the public Treasury. He would lay his hands on the money of 

40,000,000 people without instructions as to how they wish the celebration conducted, and hand it over to a private corporation to be used 

and spent as a few privileged members may see fit. He would deliver over ·1,500,000 of the public money to be spent for one rending of the 

Declamtion of Independence and one oration at one spot. He would 

tax the people of Georgia $45,000 to be spent in Philadelphia aloner 

for the benefit of the· few, when not one in one hundred of the people 

of that State will be able to visit the scene where their money will be 

squa,ndered. He would suppress an exhibition of the general joy by 

telling the people their money had already been taken to provide a vicarious demonstration in Philadelphia. He would substitute a purchased ceremony for a heart-felt, patriotic outburst. He would set 

the example of the Government assuming control of the celebration 

of the Fourth of July and discourage the accustomed aJmual celebration by the people. 

Such is not my idea of what the scene should be on that memor- able day. 1 would have it a. simultaneous movement of forty million 

people along the continent. It should begin as the gray dawn first 

lights up the cliffs of Maine and rise and roll with the sun in deafening shout and tumult, until his parting smile, as if in sorrow at leaving a s·cene so happy, saddens and fade.s into the gloom of night. As the 

lark watching for the purpling East springs from its nest with merry 

note; as the mocking-bird rises on buoyant wing and joyously revels 

in the melody of its own song; so would I hear the children of this 

land, the future mothers and statesmen of America, as they rise on that morning, pour out their hearts in one universal carol. The husba,ndman should leave the field, the mechanic. his bench, the lawyer 

his brief, the clergyman his study, the furnace and spindle hush their 

hum and clang, and busy commerce furl her sails. If American ora- tory has not lost it-s spell; if its silver tongue has not beeu enchanted 

into silence by the golden wand, the inspiration of the day and theme 

should kindle every habitable grove with burning words. "Not in 

Jerusalem, nor in this mountain;" not in Philadelphia, nor alone in 

Independence Hall, but wherever the flag of our country is given to 

the breeze, should Americans do honor to the day that ushered into 

being the infant Messi.:'bh of nations. Beneath our feet in the Celestial 

Emprre, in the islands of all the seas, before the face of kings, the 

scattered sentinels and disciples of freedom on. that day should testify their faith by fitting sacrifice. 

Let this celebration be grander in moral sublimity than the celebration of the Greeks on the banks of the classic Alpheus, where those 

who were lately foes met a-s friends and their wrongs were forgotten. 

Let it be more joyous than the song and dance of the Jewish hosts on 

the banks of the Red Sea. Let it be freer than the jubilees of Israel 

and prouder than the proudest triumphal march of Roman emperor. 

Thus, and only thus, can we give a fitting testimony to ma,nkind of our joy over the declaration of our right to be free and of our ad.mirat:.on and love for the heroes by whose sacrificial blood ou.:.· freedom was secm·ed and constitutional government established a,nd maintained. 

Mr.l\1ITCHELL. Mr. President, I have listened with much interest 

to the able discussion tha.t has taken place on the pending bill, and 

especially to the very :tble speech of my eloquent friend from Georgia, 

ll\1r. NORWOOD,] who has just taken his seat; and were it not that the 

measure ha-s encountered a most violent opposition from certain Senators I should content myself by simply recording my vote in accord- ance with my convictions of right, and leave discussion wholly to other 

and abler Senators. For this rea-son, l:wwever, and inasmuch as there 

is a wide difference of opinion in reference to the propriety of the legislation proposed, and as it involves a large appropriation of money 

from the national Treasury, I deem it not merely my privilege as a member of the Senate but also my bounden duty to give the Senate 

ancl my constituents as well the reasons that influence my vote. 

I shall vote for this appropria,tion and I shall do it cheerfully, believing as I firmly do that in doing so I shall be contributing legitimately 

to the permanency, the general welfare, the prosperity, and the power 

of the America,n Republic, and aidini? rightfully in bringing a new luster to the American name. Never, m my judgment, since the birth 

of freedom in America has there been presented such an opportunity 

of impressing upon the mind of the nations of the world the true character of the United States, its magnitude, its immeasurable resources, 

its intrinsic wealth, and inherent power; never such an opportunity 

of presenting to the gaze of every civilized government on earth th6 

sublime evidences of the greatness and grandeur of our country that 

must necessarily center in and around the centennial exposition, provided it"receives that encouragement which the dignity a.nd overshadowing importance of the occasion demand; never such a,nopportnnity 

of convincing mankind of the {a{lt that our country, although in its 

infancy when com pared with those beyond the seas, is nevertheless by reason of its extended territory, its limitless resources and their rapid 

development, its unprecedented progress in those arts and sciences 

which benefit the huma,n mce, entitled to rank pre-eminent among 

the nations of the world. And will the Congress of the United States 

by inaction and parsimony suffer such an opportunity to pass unimproved t Will this Government virtually say to the people ofthis coun- try and to the g1·eat fa,mily of nations that shall be represented there, we have no part or parcel in this exposition Shall separate States 

and municipalities, a,nd corpomtions, and private persons, vie with 

each other in commendable and earnest effort to ma,ke the centennial ~xposition the grandest that ever t-ook place on earth, while the National Government shall stand humiliated before the world by a refUBal 

upon the part of its representatives to link its name except in a mere nominal manner with this laudable enterprise f Shall our Government 

issue its cards of invitation to a centennial banquet and send them to 

the representativo hertQ..s of all the civilized governments on earth, 

and yet when these governments shall have responded to the invitation and shall be sea,ted at our festn.l board, shMl it be said that tht) 

host is absent ' 

But it is urged in opposition that in the act of Congress of Ma.rch 

3, 1B71, crea,ting the United States Centennial Commission there was a. distinct provision exempting the United States from all liability on account of the exhibition. This is indeed true, in so far ns it re- lated to any liability by reason of that act; the seventh section of 

the act being in these words : · 

That no compensation for services shall be paid to the commissioners or other 

officers provided by this act from the Treasury of the United States, and the United 

States shall not be liable for any expenses "ttending such exhibition, or by re;tson 

of the same. 

And it is furthermore a fact that in the act of June 1, 1872, creating the centenni.1l board of :finance, this strong clause appears: 

But nothing in this act shall be so construed as to create any liability of the 

United States, direct or indirect, for any debt or obligation incurred, nor for any claim by the centennial international exhibition, or the corporation hereby created, 

for aid or pecuniary assistance from Congress or the Treasury of the United Sta.t.es 

in support or liqmdation of any debts or obligations created by the corporation 

herein authorized. 

That these precautions against lin.bility by reason of these two acts, 

passed respec~ively four and five yea,rs ago, were at the time eminently proper, no one can deny, but that they should now be con- strued either as a limitation upon the legitimate exercise of congressional power or as a lega,l or moral barner that should prevent this 

Government from rising to the clignity of the occasion and by its 

purse a.s well as its voice pla-ce the complete suceess of the exposition 

beyond all question, seems to me equally free from doubt. 

All th..1.t was .ever intended by the clauses quoted was to shield the 

National Treasury from forced contribution by reason of anything 

contained in the two acts organizing the Centennial Commission and 

board of finance; and this, too, is the legitimate construction of the. 

proviso contained in the act of June 5,1874, requesting the President 

to extend in the name of the United States a respectful and cordial 

invitation to the governments of other nations. 

The policy of the Government in the first instance in looking to the 

people of the Unit,ed States to support the exposition in so far as every 

reasonable demand upon their generosity would warrant, was one not 

obnoxious to just criticism. I can, however, scarcely believe that Congress ever expected to fail finally in contributing to the success of a 

work which ought to be and I have no doubt will be the nation's pride 

for a hundred years to come. And when after four yea,rs of earnest, 

commendable effort of those in charge of this great work, and when 

in less than four months the doors of the exposition must be thrown 

open to the world, the contributions from this som·ce leave a deficiency 

of $1,537,000 necessary to .ca,rry the work to the opening day, then 

the quest,ion that confronts the American Congress is one, it seems to me, which, in the well-cho en words of the memorialists, '' a,ppears to concern closely the pride 'lind honor of the country." And all ob-
1876. CONGRESSIONAL RECORD. 1001 

jections to an appropriation by the Genei'al Government which under 

other or different circumstances might be tenable vanish, it occurs to 

me, into thin air in the presence of the existing state of facts; and 

to hesitate now to supply the deficiency necessary to the consumma- tion of those preparations essential to the suitable opening of an ex- hibition worthy the name given it in the act of Congress of June 

5, 1B74, an "international exposition to be held under the auspices of 

the Government of the United States," and to which our Government 

bas extended a "respectful and cordia,l invitation to tbe governments 

of other na.tions," is, in my humble judgment, to hesitate to sustain 

the honor and dignity and manhood, if I may use the term, of our Government; and a fa.ilure to do it will leave a blot upon our record 

that neither the patriotism of the past century nor the triumphs of our future history will in the life-time of the generation now living en- tirely obliterate. 

It is of course an item worthy of note that we as a nation have lived one hundred years; but, although of interest and worthy of national 

attention, it as a mere fact pales into insignificance in comparison 

with that other infinitely more important question which it is ex- pected will be by our centennial exhibition demonstrated to the world. 

And that is, How and to what purpose have we lived T It is not so much an idea that t.he exposition is to represent, but rather great, living facts. 

But we are met at the threshold of ·this question with an objection 

the bare statement of which must arrest our attention and demand our consideration. We are told there is in the Constitution of the 

United States no warrant for this legislation, and as our oaths bind us to support the Constitution it is our bounden duty, whenever this 

objection is interposed, to pause in our deliberations and consider 

carefully the issue presented. If it be true that there is no power 

under our fundamental charter to vote the proposed appropria.tion, 

then, indeed, however much we might desire to aid in the patriotic 

effort in the way suggested by the bill under consideration, we should 

vote an emphatic no. For on~ I find no constitutional difficulty, and 

in answer to the question Where is your constitutional warrant for 

the_ power invoked 'r I would answer, in the light of past legislation on this subject in the light of the existing state of facts, that, in my 

judgment, the constitutional power is, so far from being involved in 

doubt, entirely free from all difficulty. Whether we consider the ex- position aa international or national, in either event, it seems to me, 

the constitutional warrant for the proposed legislation is full and 

complete; and in either case there is to be found specific constitutional grant of power. I propose, therefore, first to consider the question in an internll.tional point of view. And that this is to be an international exposition can there, at this late day, in the face of 

past legislation, be any question T Why, Mr. President, every line 

and every page of all legislation heretofore had npon this subject 

give to the proposed. exposition an international character. To deny 

this is to deny the facts of recorded history; however much it may 

have been the desire of some in times past to have shorn this exposition of its internationa.l character and to confine it solely to one of a national aspect, it is now too la.te to contend longer in that direction. The character of the exhibition has been irrevocably fixed, 

and that too by the Congress of the United States; and to repudiate 

that action now is to brmg dishonor on the Government, repudiat-e 

the nation's faith, and disgrace the American name. Why, the very fiTst act of Congross passed on this subject-I refer 

to the act of March 3, 1871-gave to this expo~ition an international 

character which no future legislation could rightfully take away. 

The first section of that act was in these woTds : 

That an exhibition of American and foreign arts, products, and manufactures 

shall be held under the auspices of the Gov~rnment of the United States in the city of Philadelphia, in the year 1876. 

Mark the language, Mr. President: "An exhibition of Amf:rican and 

foreign arts, p1'oducts, and manufactu1"C8 j" not merely an exhibition of 

American arts, products, and manufa,ctures, which would have limited the scope of the enterprise to one purely local and national, but 

"an exhibition of American and foreign arts, products, and manufactures," thus incorporating the idea of internationality into the exposition as the fundamental element of its existruwe. And it cannot be 

said that the character thus given to the exhibition was the result of 

either subtle contrivance or accident in the use of language employed 

in the body of the act, from the fa.ct that the purpose was plainly 

proclaimed in the title of the bill in these words : 

An act to provide for celebrating the one hundredth ::mniversary of American lndependence by holding an international exhibition of art..<!, ~anufactores, &Q. 

And, as if to remove any lingering doubt in reference to the international character of the enterprise, the President of the United Sta.tes was by the last section of the original act directed, when provision had 

been made for the erection of suitable buildings, &c., to make proc-

' tarnation of the same, setting forth the time at which the exhibition 

would open, and · the place where, and to communica.te copies of the 

same, not to the governors of the respective States, bnt to the diplomatic representatives of all nations, together "with such regulations as may be adopted by the commissioners for publication in their re- spective countrie8." But not only so, the act of ..June 1, 1872, creating the centennial board of finance, is equally explicit in giving to the 

proposed exposition an international character. 

The title to that act designates it as the ''centennial international 

exhibition." It is in these words: 

"An net relative to the centennial international exhibition to be 

held in the city of Philadelphia, State of Pennsylvania, in the year . 1876," w bile the same idea is prominently preserved in the body of 

the act. 

Thon follows the proclamation of the President in pursuance of the 

provisions of the act of March 3, 1871. This is dated July 3, 1873, 

and, after certain recitals showing jurisdiction, is in these words: 

Now, therefore, be it known that r,·mysses S. Grant, President of the United 

States, in conformity with the provisions of the act of Congress aforesaid, do 

hereby declare and proclaim that there will be held at the city of Philadelphia, in 

the State of Pennsylvania, an international exhibition of arts, manufactures, and 

products of the soil and mine, to be opened on the 19th day of April, A. D. 1876, 

and to be closed on the 19th day of October, in the same year. .And in the interest of pea.ce, civilization, and domestic and international niendshl.p and intercourse I commend the celebration and exhibition to the people of the 

Urn ted States; and, in behalf of thiA Government and people, I cordially commend 

them to all nations who may be pleased to take part therein. In testimony whereof I have hereunto set my hand and caused the se'll of the 

United States to be affixed. 

Done at the city of Washington, this 3d day of July, U!73, and of the Independ ence of the United States the ninety·seventh. 

(SEAL.] • U. S. GRANT. 

By the President: HAMILTON FISH, 

Secretary of State. 

Then, two days later, July 5, 1873, follows the note of our Secretary 

of State to foreign ministers in the United States inclosing a copy of 

the President's proclamation, in which this strong language is used: 

The exhibition is designed t.o commemorate the Declaration of the Independence 

of the United States on the one hundredth anniversary of that interesting and his- toric national event, and at the same time to present a fitting opportunity for such 

display of the results of art and industry of all nations as will serve to illustrate the 

great advances attained and the successes achieved in the interest of progress and 

civilization during the century which will have then closed. 

In the law providing for t.Ite holding of the exhibition, Conwess directed that 

copies of the proclamation of the President, setting forth the time of its opening ano. the place at which it was to be held, together with such regulations as might be 

aflopted by the commissioners of the exhibition, should be communicated to the 

diplomatw representatives of all nations. Copies of those regulations are herewit-h 

transmitted. 

And finally, by the act of June 5, 1874, the President of the United· States was requested ''to extend in the name of the United States a respectful and cordial invitation to the governments of other nations 

to be represented and take pn.rt in the international exposition," &c. 

And the reason for this was given in the preamble to that act, which 

is in these words : 

Whereas at various international exhibitions whicli have been hold in foreign countries, the United States have been represented in pursuance of invitations 

given by the governments of those countries, and accepted by our Gove1·mnent: · Therefore, Be it enacted, cf:c., In pursuance of this act a second invitation is extended by the 

President of the United States to every nation of the earth, in which this langua"e is usen: "fu the hope that the interchange of national sentiments and friendly intercourse 

between the people of the nations may result in new and still greater advantages to science and industry, and strengthen the bonds of peace and friendship which 

happily exist between them and the Unit.ed States, * * * a cordial invitation is 

erteuded to every nation of the earth, * * * and a formal acceptance of the invitation is requested previous to March 4, 1874." 

Then closes the congressional legislation on the subject with the 

act of June 18, 1874, which provides for the admission into this coun- try free of duty customs fees and charges of all articles imported for 

the purpose of exhibition at the international exhibition. 

When wo take into consideration, therefore, the history of legislation on this subject; when we remember that, in response to the invitations sent, thirty-eight foreign powers have signified their acceptance; when we bear in mind that even now, while the Senate of the 

United States is deliberating upon this question, the arts, products, 

and manufactures of nearly every nation on the globe a,re being borne across the seas and concentrating upon our shores; when we know 

t.bat the inevitable result of a successful exposition will be to promote 

the cause of science, of progress, and civilization throughout the world, 

and to strengthen the bonds of pea-ce and friendship and commercial 

intercourse between the United States aud the nations of the earth; 

when we remember all these things, and in the light which they re- flect upon the pages of the Constitution of our country, can it be 

said rightfully or properly we have no power to do this thing 

But, says one-and the .learned Senator from Georgia [.Mx. NoRwooD] says so in emphatic terms-our Government is one of delegated 

powers, the Constitution is the grant, and upon what pa,rticular clause · of that instrument do yon rely to justify a vote for the pending meas- ure f I will answer, more than one. And first, considering the ex- position as an international one, whlch it is as contradistinguished 

from a mere national celebration, I con tend the power to croate it, the 

power to make any rea,sonable appropriation necessary to carry it on, 

is to be found in that portion of the Constitution usually known as the commercial clause. I refer to section 8 of article 1 of that instrument. 

The power to regulate commerce is a plenary power. And the power 

to regulate commerce includes the power to make any law which in 

the juugment of Congress will affect or promote commerce ; for what- ever tends to advance our commercial intercourse with foreign na- tions tends, in the lan9,uage of the Constitution, "to regulate commerce with foreign nations.' -
1002 CONGRESSIONAL RECORD. FEBRUAUY 10, 

As Mr. Justice Story in his Commentaries remarks : 

The power to regulate commerce, being in its terms unlimited, includes all means appropriate to the end, and all means which have been usually exerted under the power. 

Ancl further on : 

The main and admitted object of parliamentary regulation of trade with the Colonies was the encouragement of manufactures in Great Britain. 

And again he adcls : 

In commercial and manufacturing nations the power to r egulate commerc-e bas 

embraced practically the encouragem<3nt of manufacture . 

But, again; the power of taxation as given in the Constitution is 

an express power, one essential to the very existence of a great 

sovereignty, anu hence wisely granted in express terms; ancl one great purpose for which taxes may be imposed is, in the language of 

the Constitution, to '' provide for the common defense and generaJ 

welfare of the United States." The pJwer, then, of taxation being 

plenary in Congress, and the power to "provido for the general welfare" being also a <listinct substantive power, unlimited in its character, and Con_gress being the sole judge of the nwans necessary to be 

employed in pro iding for the common defense and general welfare 

of the United Stated, it follows a.s a necessary couseq uence that the 

right to make this appropriation is clear, viewing as we must the 

passage of the bill as a legislative declaration that the appropriation 

is a national provision for the general welfare of the United Stn.tes. 

And who can doubt, aside from any declaration by Congress on this 

subject, that the general welfare of this nation will be materiaJ.ly 

promoted by "t!:3 centennial exposition' My friend from Califorriia ~Mr. SARGEJ.~1 J tA:~d us yesterday that, in his judgment,'' this was not 

!..be best manner :1f celebrating a Centennial occasion." "At best," 

says he, "this exhibition, however great a succe , will make but a ripple during this year; it will almost be forgotten the next year; it 

will not be remembered at all perhaps tenyearshereafter;" and tells u that if he had his way he would mark the pa age of this era by some permanent monument which would speak to future generations 

of the fact that a hundred years of great prosperity bad accompanied 

the Republic, and that we had preserved our unity, our liberties, and our institutions substantially as they were framed by onr fathers. 

This, it is true, is a sublime conception, -ancl one worthv the Senator anu of a great nation; but. in my judgment, the effect of our centennial exposition will create more than a mere1·ipple on the great ocean of time. There will be radin.ted from this gathering of nations, from 

this commingling of the products of the world, an influence for good 

that will be felt and appreciated by the millions of earth in the rec- ord of its history when the inscriptions on the Senator's monUlllent 

will have become obscured by the storms of ages and its marble 

peechless dust at its base. The record of the outpouring of the peo- ple in the early days of the Republic to do honor to the Father. of our Country will be read and admired by generations yet unborn in all 

lands and in every clime when yonder marble shaft erected to his mem- or;y, uuseen by any but the few of earth, will be a mass of crumbling 

rUinS. We were told on yesterday by our Websterian and genial frienu 

from Kentucky [Mr. McCREERY] that the expo ition would appear 

to a signer of the Declaration of Independence, could he rise from 

the dead to wit:J?.ess it, more like an Oriental bazaar than the anniversary of our natal day. Possibly in this the eloquent and facetious en a tor is correct. There doubtless will be on exhibition there speci- mens of the arts, manufactures, and products of the Oriental world 

that may to some extent give to the exposition a coloring in that <li- rectiou; butwill thehonorableSenatorcontend that this competitive 

exhibit10n of the arts, manufactures, and products of our own land 

with those of the Oriental world will not commemorate in the highest 

possible manner the progress and development that have been the 

outgrowth of American independence in the century that hati elapsed 

since it was declared by our forefathers' 

Yes, Mr. P resident, th~ Oriental world ~ be here; Egypt alone, 

from the valleys of the Nile, presents a catalogue of over six thou and 

numbers. I read the following extract showing how the land of the 

Pharaohs will be represented : 

. ~he Kblldive i~ the owner !>f most of the Egyptian goods for the centennial exhi· 

b1tion, all of which have arnved at New York. The catalogue contains over six 

thon ..... amlnumbers. The best specimens of the agricultural products are from tho 

Khedive's estates. In the collection are curious weapons antl ornaments from t.he 

barba.roua tribes of the remote re!rions of Central Africa; jewels, inlaicl work in • ivory, precious metals, rich em broi:ieries. produced b:v the Arahian artists of Cairo ; a clas Hied collection of the products of the valley of"the Nilo, the oases, ancl of the 

sea-eua.sts; twenty-five hundred specimens of the cotton crops for the last ei~?hfy 

years, showing the priced brought m Alexandria. and in Liverpool; raw and refineil no-at· ; grains of all kinds, hemp, flax, donra, vetch, sorghum, lentils, poppy seeds 

and. ramie ; all the woods of EmJt. in sections of trees, polished on one side; dates, olives, and other preserved fnnt; tobacco, indigo, chemical preparations, perfumery, 

Arabian honey, specimens of marble and building stones, joweled cimetors, saddles of embr?idored leather and mounted wit~ gold, agri ·ultural implements of the most mconce1vable patterns, books for the blind, and drawmgs by the pupil in the 

polytechnic school. 

By way of contrast l'l'ill be shown side by side ancient papyrus and the modern newspaper; bippopatamus hide anf\ calfskin; ci1ibouk ami nar1:,rile, and the Parisi.'\n cigarette, and European porcelain and ancient red pottery. This enumeration 

is not a complete one, as there is also a world of cw·ious thino-~ from Souda.n Dar- four, Abyssinia, and Uganda. The khedive has approptiate«'i' 500,000 francs 'to lle- ~ray the expe!ls~ of malting the collecti.on, transportin;; it to this country ~mll pay. mg the comnns>~JOners, all oi whom are m New York. .nut t.hat tho time was too short after President Grant's invitation, the khecliv~ wonld have had a palace 

erected on the centennial ~rounds lik" the one he hati at Vienna, illustratinrr the ar hitecture and domestic life of the land of the Pba.rai>ha. "' 

It is true, the illustrious Adams ueclareu iu roferonoe t~ the anniversary of the declaration of our Independence thatIt ought to be solemnized with poml and parade, with shows, games, sports, 

fr~~·tt~~~f:~~rdto~:::r~~s om one eml of this continent to the other, 

This is well and must meet with a generous re pon e from the heart 

of every patriot; !Jut how much more impressi\'e the demonstration, 

how much more beneficial and enduring the effect. of an exposition 

whereat shall be represented not only the products of our own land, 

but where they shall be placed in competition with tho ·e of every 

civilized nation O!l earth; where the developm nt of one hundred 

years in the New ·world shall proudly court compari on with that of 

the growth of ages in the hoary-headed governments bl·yond the sea . 'Vhy, the nation that one hundred years ago lay almost powerle sin 

the craclle of its infancy, surrounded by the wilderne s of the New: 

WorlU, with a country undeveloped and a people feeble in their isolation, to-uay, conscious of her resources and her developed powers 

shrinks from no comparison of her products of soil and mines, of th~ _handiwork of her men of cience, with tho e of any nation on the 

globe. Why, to-da~ tho darkness of the streets of Jerusalem, the 

vault of tha P yramids, and the grave of Mohammed are lighted np 

by Pennsylvania petroleum, of which w~ export over 37,000,000 

annually. Tell me that the general welfare of this Government 'Yill not be 

promoted by an exposition such as is contemplated ; tell me 'that the 

interests of our commerce will not be thus materially advanced; to 

argue thus is to contend with reason and deny the inevitable logic of 

events. I, Mr. President, have the honor to represent in part a State but re- cently carved out of the wilderness, lyin~ four tho11Sand miles away, on the golden shores of a distant sea; a ::state whose maje tic mountains, with their grandfore ts of stately cedars and firs of fadeless green 

and whose snow-capped summits separate the clou<ls, look clown upo~ vn.lleys unsurpassed, in beauty, in richne s, in grandeur, in climate, 

by any beneath the overhanging stars of Italy; and, although separated from the birth-place of our nation by ruggeu mountain rabges 

and barren, bu·rning plains, yet the people of Oregon loYe their country 

with a love that cannot dio and they are not unmmdful of or idle in reference.to the approaching centennin.l exposition. They intend to be 

there in force and in goou stylo with the products of their soil and 

mines, their silver and go~u, and D:·on1 and lead, and cinnabar, and 

coal, anc~ copp~r. And, w1_tho~t w1Shing t~ be_ a._ccu ed of boa.sting or of bemg guilty of making Improper or mvidious comparisons, I 

will say that on that occasion Oregon will produce pecimens of the 

finest wheat and flour prouuceu in America. Yes, Oregon will be there 

to the extent of her ability and power, to aid in what will be in 

my judgment the gran<lest demonstration of pure patriotiRm and of 

rapiu national development and human progress that the world in all 

its ~ong history has ever beheld. Yes, all the States and Territories · will be ther~:~, and the District of Columbia, with all its grand and glorious interests and hallowed a sociations, will not be backward, I trust 

incontrilmtingthrough pur eandpenand tongnetothisgreatpurpo e: And the South, too, :Mr. Pre ident, rising from the shadows of her 

great affiiction, will come to h.-ueel again on this centennial year at the 

sacred shrine of old Independence Hall, there, with the people of the . North and the East and the West to renew her allegiance to her 

fir t and best love; there _to forget forever the bitter memories of 

the past; there to bury in the tomb of forgetfulness the last remem- brance of the fact that for any cause her hand should unfortunately ever llave been raised in anger against the best government on earth. 

Ye , with Pennsylvania a.s the vanguard, the Centennial will be a suc- ce s; and when it shall have come and gone, and when our Republic 

shall have lived one hundred years, and shall begin to a-scend the long cau eway of the coming century, it will, may we not hope, by reason of the centenniaJ. celebration, be more :mited, more peaceful, more invincible, moro to be loved anti feared and admired by her own peo- ,.. ple and by the ~overnment .ancl peoples of the world than ever before. :Mr. RANDOLPH obtained the floor. Ur. WRIGHT. I a k the Senator from New J ersey to give way to a motion for an executive scs ion . Ir. RA......"'fDOLPH. I will yield for that purpose. Mr. WRIGHT. I move that the Senate proceed to the consideration of executive busine s. · .Mr. CAMERON, of Penn ylvania. Before that motion is put I 

should like to say a, word- The PRESIDING OFFICER, (Mr. ROBERTSON in the chair.) The 

motion is not clebatn.blo. ls there objection to the Senator being 

hearu 

.Mr. CAMERON, of Penn ylvania. I dislike very much to interfere 

'vith the wishes of Senator ; !Jut it is vastly important, if this bill is 

to pa at all, thatit should pass now. Ithinkif weremainherehalf an hour, as t.here are only n. few speeches to be made, we can close the 

bill. I ask the Senator from Iowa to give us half an hour. .1\lr. ' VEST. Y.ou cannot get a vote until six o'clock to-night. That 

is cviuent. Mr. WRIGHT. · I under tand there are several speeches yet to be 

malle. I insist on my motion that the Senate proceed to the consideration of executive uusines . Mr. C~IERO.N, of Pennsylvania. W0ll1 ho e the ::;enate will 

finish th bill to-mouow, at any rate. 
1876. CONGRESSIONAL RECORD. 1003 

1'111< RANDOLPH. I gave way for a single purpose, and that was to go into executive session, with the understanding that what I have 

to say shaH be said to-morrow morning. If it is the desire of the 

Senate to hear me now, I have no objection, indeed I wou1tl prefer to 

go on to-night. , · Mr. CAMERON, of Pennsylvania. If the Senator from Iowa will 

allow me a minute I will give notice that to-morrow I shall ask the 

Senate to sit this bill out. 

Mr. WRIGHT. I am sure there will be no objection to that. Let us have the question on the motion. 

The PRESIDING OFFICER. It is moved that the Senate proceed · to the consideration of executive business. • The motion was a~eed to; and the Senate proceeded to the con- sideration of executive business. .Alter two hours and twenty-five 

minutes spent in executive session the doors were re-opened, and (at 

six o'clock and thirty minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

THURSDAY, February 10, 1876. 

The Hoose met at twelve o'clock m. · Prayer by the Chaplain, Rev. 

I. L. TOWNSEND, D. D. - The Journal of yesterday was read and approved. 

DISPENSING WITH THE MORNL~G HOUR. 

Mr. RAND.A.LL. Mr. Speaker, I desire to make a suggestion to the 

House, with a view to hasten the passa~e of the consular and diplomatic appropriation bill, which is likely to be considered to-day in 

Committee of the Whole on the state of the Union. It is, that the 

morning hour for reports from committees for this day be dispensed 

with. You will recollect that yesterday an accommodation was reached by w]l!ch the gentleman from Maine [l'llr. BLAINE] will be 

allowed to occupy an hour in the committee, the consequence of which 

will be a further delay of the consular and diplomatic bill. The call 

of committees for reports is only temporarily postponed, and the 

Chair will corroborate my statement that the committee next to be 

called will lose no advantage by any l:luch postponement. 

The SPEAKER. The committees will retain their proper places 

in the call. 

Mr. R.A.ND.A.LL. My suggestion therefore is in the interest of the 

accommodation on one side and on the other. 

Mr. BURCHARD, of Illinois. Let the gentleman from Pennsylvania [Mr. RANDALL] now move to go into the Committee of the 

Whole on the state of the Union. 

Mr. HALE. I think there will be no objection if that motion be 

made. 

GEORGE A. ARMES. 

The SPEAKER, by unanimous consent, laid before the House a Jetter from the Secretary of War, transmittinO', in response to are- quest of the Committee on Military Affairs dat~d January 28,1876, a report of the Judge-Advocate-General on the case of George A. Armes, 

late captain Tenth Cavalry; which was refened to the Committee on Military Affairs, and ordered to be printed. 

TERRITORIAL COURT IN ThTDIAN TERRITORY. 

The SPEAKER also laid before the House a concurrent resolution 

of ~he Legislature of Kansas, reque~ting C<?ngress to provide a territonal court for the people of the lndU111 Tern tory ; which was referred 

to the Committee on the Judiciary. 

MILITARY HISTORY OF LIEUTENANT-COLOZ..TEL PULFORD, ETC. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting, for the information of the Committee on Military Affairs, the military history of Lieutenant-Colonel Pulford 

<?aptain Fre!ldenberg, Unite~ States Army, and Isaac S. Lyon, lat~ hentenant Signal Corps; which was referred to the Committee on Military Affairs. 

COIN IN THE TREASURY. 

·The SPEAKER also laid before the House a let.ter from the Secretary of the Treasury, transmitting, in response to Honse resolution of 

January 24, 1876, a .statement of the amount of coin in the Treasury 

at the close of bnsmess on the 31st of December 1tl75; which was referred to the Committee of Ways and Means ~nd ordered to he 

printed. ' 

CASH lN THE TREASURY, ETC. 

The SPEAKER also laid before the House a letter from the Secretary of the Treasury, transmitting, in response to the resolution of 

the Honse da~d January 31, 1876, a detailed statement showing the 

actual amount of cash on hand in the Treasury, the several depositories, and mints, &c., of the United States on the 23d of January 1876 · 

which, was referred to the Committee of Ways and l'lfeans. ' ' 

EXPENSES OF BLACK HILLS COMIDSSIOX. 

The SPE~R atso l~id. before th~ House a letter from the Secretary of the Interwr, transm1ttmg an estnnate of appropriation necessary 

to defray the expenses of the Black Hills commission· which was referred to the Committee on Appropriations. ' 

FRAJ\'K _BAK.l!:R. 

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

of War, inviting attention to his letter in Executive Document o. 135, Forty-third Congress, second session, relative to the memorial 

of :Frank Baker, secon~ ~i~utenant of the Thirteenth Infantry, to be 

relieved from responsibility to pay $172.52, stolen from him while 

acting commissary of subsistence at Fort Fred Steele, Wyoming 

Territory; which was referrocl to the Committee on l'liilitru·y Affairs. 

CLA.IM OF MANUEL CHAVEZ. 

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

of War, transmitting for the information of the Committee on Military Affairs a copy of the report of Colonel Wag Swayne, an adjutant-general of the Army, upon the claim of Manuel Chavez late 

lieutenant colonel Second New Mexico Volunteers; which w::.S re- ferred to the Committee on Military Affairs. 

DEPOSITING 1\:IO~TEY WITH ARMY PAYl\IASTERS. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting the petition of Lieutenant-Colonel Hunt 

and other officers of the Army relativo to depositing money with Army ·pa,ymasters; w bich was refened to the Committee on Military Affairs. 

POLITICAL AFFAIRS IN LOUISIANA. 

The SPEAKER. The Chair has receivell a memorial from numer- ons citizens of the State of Louisiana, addressed to the Congress of 

the United States, praying for relief against certain alleged political 

evils existing in that St!tte; and they desire the presentation of it to 

the House and its reference, wfthout printing, to the Committee on the Judiciary. Is therejhjection'l . There was no objection, and it was so ordered. 

DIPLOMATIC AND COXSULAR APPROPRIATION BILL. 

l'llr. RAND.A.LL. I move t.hat the rules be suspended nnd t.bat the 

House resolve itself into the Committee of the Whole on the diplomatic and consular appropriation bill. 

The motion was agreed t-o. 

The Honse accordingly resolved itself into the Committee of the 

'Vhole on the state of the Union, (Mr. HOSKINS in the chair,) andresumed the consideration of the bill (H. R. No. 1594) making appropriations for the consnL'l.I' and diplomatic service of the Government 

for the yoarending June 30, 1877, and for other purposes. 

The CHAIRMAN. The Chair will state that, by an aiTan9.ement 

made yesterday, the gentleman from Maine [Mr. HALE] will tirst be 

recognized. He proposes to occupy thirty minutes, and will yield the 

balance of his honr to the gentleman from Mississippi, [Mr. LYNCH,] 

after which the gentleman from Maine tMr. BLA:um] will be entitled 

to the floor. 

1'111·. H.A.LE. Whatever I shall say, and I mean to be brief, will be 

upon this hill and the discussion which has borne upon it and itrl 

merits and defects; and I desire to say at the outset that whatever then~ may be in it of proper reduction I have no desire to oppo e and 

shall not oppose~ I may say that, in connection with the gentleman 

from Mississippi, [Mr. SL~GLETON,] who has charge of the bill, I was associated in the examination and preparation of it and in reporting 

it to the Whole Committee, and it was thought by him and by me that there were places where the appropriations of last. year could be 

cut down; not, I believe, that either of us-and I think in this I can speak for him as well as myself-had any lack of confidence in the 

management of the State Department under its present head. That 

management I believe to l}.ave been good in the years past. There 

has been no desire on the part of the pre ent Secretary of State to 

improperly magnify his Department. ~ut, considering the shrunken 

condition of our revenue, I believed there were certain things in the 

bill where a reduction could be made upon the expenditure -some- thing near 10 per cent.-and that the Secretary of State might be instl·ucted by Congress to run that Department for the coming year 

upon the basis of such a l'eduction. But, Mr. Chairman, the bill bas 

since then been torn and dismembered; and while I do not like to 

oppose anything that comes from the committee of which I am a mem- ber, and which is l~boring faithfully in the direction of economy, 

sometimes I am bound to believe striking in. the w1·ong phwes, yet 

t.here are certain things in thi..~ bill that I must objec.t to, aml certain 

things have been said in debate to which I wish to make some brief 

reply. 

I need to say less because of the admirable speeches th:ot bavo pre- ceded me, and it waa certainly a wholesome sight to see the Nestor of 

the House, the gentlemen from New York [l\1r. ·wooD] and his newer and fresher, but hardly less able, colleaguefTom New York [.l'llr. HF.wITT] rising above what may be termed party policy and represeu ting in their able speeches the great commercial metropolis of America 

which they so well represent. 

The speech of the gentleman from New York [l'llr. HEWITT] wa8 so exhaustive in its analysis of the relations borne by our con ular system to the commerce an(} navigation of the country that but little on 

that subject needs to be said, except perhaps to illu trate by special 

instances the hardships that may come onder certain changes made 

in this bill. 

M.r. Chairman, t.his bill covers both branches of our foreign intercourse, tl.J.e diplomatic and consular. Let me say a word first on the 

diplomatic part of the bill. What is diplomacy 'r There has been a