1572 CONGRESSIONAL RECORD-SENATE. MARCH 3, 

Also, memorial and resolutions of the uuited branches of the Land 

League of John town, Pennsylvania, relative to the imprisonment of 

American citizens in British dungeons, and demanding their speedy 

trial or immediate release-to the Committee on Foreign .Ail'airs. 

By Mr. CARLISLE: Papers relating to the claim of M. L. Broadwill, J. S. Frozen, and Joseph B. McClintock; of J. S. Frozen, of 

Jo eph B. McClintock, of thee tate ofThomas V. Stirman, of Saint 

Andrew's Lodge, No. 18, Free and Accepted l\la ons, Cynthiana, Kentucky, and of Isaac N. Webb-severally to the Committee on War 

Claims. 

By Mr. COBB : The petition of citizens of Indiana, for continuing 

the improvement of the Wabash and White Rivers, and for recon- structing the lock dam on the Wabash River near Mount Carmel, 

in the State of Illinoi - to the Committee on Commerce. 

Also, the petition of citizens of Greene County, Indiana, praying 

Congress to pass a law allowing the producer of tobacco to selllOO 

pounds of his annual product without :first procuring a license-to 

the Committee on Ways and Means. 

By Mr. CROWLEY: Papers relating to the claim of James J. 

Cooper-to the Committee on Claims. 

By Mr. CULLEN: The resolutions of the Land League of Braidwood, Illinois, in reference to American citizens in British prisonsto the Committee on Foreign Affairs. 

By M:r. DEUSTER: The petition of .A.. H. T. Holsten and 2'20 

others citizens of the District of Columbia, prayin~ Congress to 

abolish the licen e which exacts of produce dealers selling from stalls or stands in market an annual license of 25-to the Committee on the District of Columbia. 

By Mr. DIBBLE: The petWon of citizens of North Carolina and 

Georgia, for equalizing the dnty on foreign rice imported into the 

United States-to the Committee on Ways and Means. 

By Mr. DUNNELL: Memorial of William S. Grant, asking for 

relief-to the Committee on War Claims. 

By Mr. ELLIS: Papers relating to the claim of Clark .A.. Fultonto the same committee. 

By Mr. GEDDES: ThepetitionofJames.A.llison andl30others, citi- zens of Mansfield, and of I. Brinkerhoff and 105 others, citizens of 

Plymouth, Richland County, Ohio, for the enactment of laws to 

suppress polygamy-severally to the Committee on the Judiciary. 

By Mr. HARDY: The petition of James O'Brien, praying that the 

charge of de ertion may be removed from his military record-to the 

orumittee on Military .Ail'airs. 

By Mr. HAWK: The petition of D. S. Donegan and 75 others, citi- zens of Erie, Wbiteside County, Illinois, for legislation for the suppression of polygamy-to the Committee on the Judiciary. 

By Mr. HENDERSON: The petition of William J. McLaughlin, 

for relief from loss of postage-stamps stolen from the post-office at 

Reynolds, Tilinois-to the Committee on Claims. 

By Mr. HOBLITZELL: The petition of the Baltimore Drug Exchange for Pharmacists and .A. pothecaries, praying for the repeal of the 

stamp tax on proprietary medicines and kindred articles-to the Committee on Ways and Means. 

By Mr. HOOKER: The petition of citizens of Mississippi, for legislation to regulate charges for railway transportation-to the Committee on Commerce. By Mr.HOUK: PapersrelatingtotheclaimofMrs.Lucy .A.. Baileyto the Committee on War Claims. 

By Mr. LACEY: The petition of .A.. L. Smith, J. W. French, B. S. 

Spoftord, and 55 others, citizens of Michigan, and of Hon. G. W. Van 

Aken, J. E. Stricklon, W . .A.. Barnum, and 51 others, citizens of Branch 

County, Michigan, praying for relief from the unjust discriminations 

of transportation lines-severally to the Committee on Railways and 

Canals. 

ByMr.M.A.NNING: Papers relating totheclaimof John C. Thompson, and of William H. Quinn-severally to the Committee on Claims. 

By Mr. MILLER: Memorial of citizens of Guy's Mills, Crawford 

County, Pennsylvania, on the que tion of polygamy, adopted at a public meeting February 22, 1882-to the Committee on the Judiciary. 

Also, the petition of C. E. Shader, of Conneautville, Pennsylvauia, 

in favor of an equalization of bounties-to the Select Committee on the Payment of Pensions, Bounty, and Back Pay. · Also, the petition of 80 iron-workers of Wheatland, Mercer County, 

Pennsylvania, asking for the passage of a bill to correct defects in 

the revenue laws-to the Committee on 'Vavs and :Means . 

Also, the petition of Hiram S. Wa~hburn, for relief-to the same committee. 

Also, the re olutions of the Philadelphia Board of Marine Underwriters, favoring the bill for putting the Signal Corps Service of the 

United States .Army on a permanent basis.-to the same committee. 

Also, papers relating to the claim of William S. Stockton-to the same committee. 

By Mr. PEELLE: Paper relating to the claim of Andrew H. 

Turner-to the Committee on Claim . By Mr. RICH: The petition of citizens of Tu cola County and of 

citizens of Lapeer County, in the State of Michigan, for the Tepeal of 

the tax on bank deposits and the two-cent stamp on bank checks and 

draft -severally to the Committee on Ways and Mean . By Mr. W. E. ROBINSON: The petition of ex-Union soldiers, praying for the pas age of the Blis bill, granting a pension to soldiers and 

a1lors of tb.e late war who were confined in confederate pri ons-to 

the Committee on Invalid Pensions. 

Also, papers relating to the application of Jeremiah P. Phelan, 

hospital steward, to be placed on the retired list--to the Committee on 1\lilitary Affairs. 

By Mr. J. HYATT Sl\ITTH: The petition, si!med by over 6,000 citi- zens of different tates of the Union, for legis9.ation for the suppression of polygamy-to the Committee on the Judiciary. 

By Mr. SPAULDING: The petition of Samuel G. McLaughlin, praying to be relieved from the charge of desertion-to the Committee on Military .Ail'air . . By Mr. SPOONER: Memorial of the city councii of the city of 

Providence, Rhode Island, concerning the improvement of Providence 

Harbor and Narragansett Bay-to the Committee on Commerce. 

By Mr. WILLI.A.l\1 G. THOMPSON: The petition of 4GO citizens 

of Poweshiek County, Iowa, for legislation for the suppression of 

polygamy-to the Committee on the Judiciary. 

By 1\lr. WEST: Papers relating to the application of Henry S. 

Van de Carr and Elsie M. Reynolds, for extension of a patent-to the 

Committee on Patents. 

By Mr. CHARLES G. WILLIAMS: The remonstrance of J. I. Case, 

James H. Kelley, and 18 others, ves el-owners, of Racine, Wisconsin, 

against the passage of House bill No. 4260, to regulate marine shipping-to the Committee on Commerce. 

By Mr. WILLIS: Paper relating to the claim of H. T. Figg-to 

the Committee on War Claims. 

By Mr. MORGAN R. WISE: The petition of Jacob Cox and 2@ 

other soldiers and of J. S. Kunginsmith and 36 other soldiers, for the 

establishment of a soldiers' home at Erie, Pennsylvania-severally 

to the Committee on Military .Ail'airs. 

Petitions, memorials, &c., were reported from committee und~r 

clause 2 of Rule XXII, and referred as follows: 

By Mr. HEl'<I"'DERSON, from the Committee on Military .Ail'a.irs: 

The resolutions of the Philadelphia conference of Baptist ministers, 

against the pa&Sage of House bill No. 2677-to the Committee on Education and Labor. 

By Mr. MASON, from the Co~ittee on Claims: The petition of 

Sidney P. Gambia, postmaster-to the Committee on the Post-Office 

and Post-Roads. 

By Mr. POUND, from the Committee on the Public Lands: The 

petition of Dr. 1\iary E. Walker-to the Committee on the District of 

Columbia. 

By Mr. R.A.Y, from the Committee on Claims: The petition of 

Thomas Foster and E . . Leonidas Smith-to the Committee on War 

Claims. 

Ji'rom the Select Committee on the Payment of Pensions, Bounty, 

and Back Pay: The petition of Jane M. McCrabb, for a pensionto the Committee on Pensions. 

From the Committee on Commerce : .A. memorial of the San Franci co (California) Board of Trade, relative to harbor defenses of that 

place-to the Committee on Military .Ail'airs. 

From the Committee on Commerce: The petition of J. H. Ware and. 

others, citizens of Missouri, relative to the repeal of tax on banksto the Committee on Ways and 1\ieans. 

From the Committee on Military Affairs : The petition of Patrick 

Hill-to the Committee on War Claims. 

SENATE. 

FRIDAY, March 3, 1882. 

.A.lso, the petition of 75 workingmen of Sharon and of manufacturers repre enting fifteen manufacturing establisb;ents in the She- nan go Valley, Mercer County, in the State of Pennsylvania, a~king 

for the speedy passage of the McKinley bill, fixing the rates of duty on manufi:wturesof iron, steel, &c.-severally to the same committee. Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. 

By Mr . .MOREY: Paper relating to the claim of William Maden- The Journal of yesterday's proceedings was read and approved. 

to the Committee on Claims. MESSAGE FROM THE HOUSE. 

Byl\lr.MORSE: Thepetiti<mofthemanufacturer~ofcottongoods, .A. mMsage from the House of Representative, by 1\Ir. 1\fcPHER-

&c., of New England, protesting against the appointment of a tariff so~, its CleTk, announced that the House had passed the following 

commission for the purpose of delaying action, but for a speedy revis- bills; in which it requested the concunence of the Senate: 

ion-to the Committee on ·ways and 1\Ieans. .A. bill (H. R. No. 4185) making appropriations for the current and 

By Mr. MOSGROVE: The petition of citizens of the twenty-fifth contingent expenses of the Indian Department, and for fulfilling 

Congressional ~istrict of Pennsylvania, for the enactment of laws treaty stipulations with various Indian tribes, for the year ending 

for the sup pre 1on of polygamy-to the Committee on the Judiciary. June 30, 1~3, and for other purposes ; and 

By Mr. O'NEILL: The petition of Charle W. Hepburn, praying .A. bill (H. R. No. 4283) for the relief of Susan Marshall Massie. 

for an honorable discharge from tb.e military service-to the Com- The mes age further announced that t.fi.e Horu;e had passed the 

m.ittee on l.lilitary Affairs, ... __ biJ..! (S. No. 892) for the relief of .:Warren Hall. · 
1882. CONGRESSIONAL RECORD-SENATE. 1573 

E~"ROLLED BILL SIGNED. 

The message also announced that the Speaker of the House had 

signed the enrolled bill (H. R. No. 4679) to authorize the Secretary 

of the Treasury to furnish impressions of the cards of invitation to 

the Garfield memorial service; and it was thereupon signed by the 

President pro tempore. 

EXECUTIVE COMMUNICATIOY. 

The PRESIDENT pt·o tempore laid before the Senate the followinO' me sage from the President of the United States; which was :referred 

to the Committee on Appropriations, and ordered to le printed: 

To the SlMate and. How;e of Representatives: 

I transmit herewith for the consideration of Congress a communication from the 

Secretary of War, dated the 18th ultimo, inclosing plans and estimates for the con- struction o~ ~e post of Fort Thornburgh, in Utah Territory, and recommending r! =~t~:~~~-f $84,000 for that purpose, and that the same be made available 

CHESTER A. ARTKETR. 

EXECUTIVE MANSION, March 2, 1882. 

EDUCATION IN SOUTH CAROLINA. 

Mr. BUTLER. I present a large number of memorials of citizens 

of Sout-h Carolina on the subject of education in that State. I beg 

leave to :read one of the memorials. It is not long and :relates to a very important question. The memorial is as follows: 

To the honorable the Senate and House of Representatives of the United States in Congress assembled: 

The memorial of tbe undersigned respectfully shows to your honorable bodies 

that the facilities now afforded for the education of the children of this State are inadequate to accomplish the desired result. 

The returns of the census of J 870 showed that more than half the vot~rs of this 

State were unable to read and write. According t.o the census of 18 0 there were 321,7 0 illiterate persons in South Carolina over ten yeMs of aue or over 32 per nt._o~ the entire pop~atio~. ~t is not :r.robable tnat, in the"' p~esent financial 

cond1tion of South Carolina, 1t will be poss1ble to afford such opportunities for the elluc~tion _of the mas~es as will decrease mat~rially the number of illiterate personR m t~s S_ta.te durmg the neA't decade. The large ma:iority of the uneducated 

persons m this State are from among the colored race. Your memorialists point to the history of public education in South CarQlina during tbelast four years as fm-ui~hing evidence that those in control of the State government have endeavored faithfu~Y: and imparti~lly to en_courage and stimul~te educa?on among this class 

of our Citizens. :rhe free public-school fund of thlS State 1s derived from three sources-: (1) An annuaJ tax of two mills on the dollar upon all the taxable property 

uf tht; St~te. (2) _An annual J?Oll tax of $1 on each poll. (3) Local levies. The 

constitution of th1s State proVides that the proceeds of the two-mill tax and of the 

poll tax ' 'shall be faithfully appropriated for the purpose of establishing and maintaining free public schools, and for no other purposes or useR whatever." The 

total income of the school fund is about $400,000 per annum. The latest returns from~ State show tbat there are abou~ 230,000 children between the ages of six 

and SlXteen years, and that the number m attendance on the public schools was about 134.000. If to the number of children of school age be added the number of 

illiterats persons ~~tween sixteen and twEI;nty-one1 many of whom would attend schoo~ 1~ opportunities were afforded of domg so, It will be seen that the school 

fund 1s madequate to supply the demand for educational facilities. Your memo- Iiali~t.~ a~ that at present, and probably for many years to come, it will not be 

po 1ble to mcrease ~ITeatly the free public-school fund of thi State while tbe 

number of those who should be educated increases each year. Your m~morialists further show that there is now in this State a free public-school system which ex- tends its benefits to all races and classes, and which needs but a laruer fund to enable it to meet all demands for public education. "' 

F_or the~e reasons_ your me'!Ilor?-alis~ ask y~mr honorable bodies to provide for 

national ~~ to p~blic edl:!-cation m thlS State m such manner as will afford speedy opportunities of mstruction t{) the youth of our State, upon whom in a few years will devolve all the duties a.nd responsibilities of free American citizens. 

Your memorialist , believing tlL'I.t the provi ions of" a. bill to e tablish an educa.- ~onal fund and apply a portion of the proceed~:~ of the public lands to public education, and to pronde for the more comJ?lete enuowment and support of national ~olleges for the advancement of scient1fic and industrial education," introduced mto th':l Senate l?Y Senator M. C. BUTLER, are well adapted to promote the cause of public education, would respectfully and earnestly ask for its passage. 

These memorials are sio-ned by the justices of the supreme court 

by the circuit judges, by the attorney-general of the State the comp: 

troller-general, the secretary of state, the superinten<lent of education, the treasurer, the adjutant and inspector general~ the lieutenant-governor of the State, mem be:rs of the State Legi latu:re, senate 

and house, and the speaker of the house; also by the pre ident and 

faculty of the Wofford College, by the president and faculty of the 

Due West College, by the president and faculty of Claflin University 

and the president and faculty of the South Carolina College the 

mayor and aldermen of the city of Charleston, the president of the 

Charleston Chamber of Commerce and members of the chamber the 

president of the Board of Trade of Columbia, by bank president~ and 

leading merchants in the State. the editors of the News and Courier 

and other leading papers, students of the South Carolina and Charleston Colleges, schoo-l commissioners and. other county officers from 

every county in the State, lawyers from almost every bar school trust- ees and school teachers, leading and influential citizen~ of all classes 

and pursuits, farmers, mechanics, manufacturers doctors teachers 

editors, and ministers, in all about one thousand t~o hunched "ask: 

ing Congress for national aid to public education in South Carolina 

iJ?- such manner as will afford speedily opportunities of instructiOn to the youth of the State, and for the passa(J'e of Senate bill No. 

394." 0 

I had intended~ submit some ob ervations upon the bill and upon 

the general questiOn of education, but the memorial which I have 

read expresses briefly and Rubstantially what is required by that 

State at this time . . I am aware that lt_ ha-s. been suggested-I have heard it suggested m the Senate-that m many of the Southern States the poverty of 

the people is exaggerated, that the assessment upon property for taxation is very much less than its :real value. So far as my own State 

is concerned, and I have a right to speak for that aolne, I am quite sure the statement is unjust. There is a tendency all over the coun- try, I have no doubt, to underrate the value of property for taxation, 

but I think not to a greater extent there than elsewhere. 

I have also had prepared by the Superintendent of the Census cer- tain schedules, which I ask to have printed in the RECORD for the 

information of the Senate, as containing valuable and important 

information upon this subject. 

The memorials, which I shall ask to have :referred to the Committee on Education and Labor, :represent, as I have stated, the very 

best element in the State of South Carolina. 

I should like to say further for the information of the committee 

and of the Senate, that we have the framework in the State of as . good a system of free schools as perhaps any State in this Union. 

The great difficulty in :realizing all that is desirable for that system 

is the want of money. I would state further that it is utterly impossible, without very great hardship, to call on the people to btl 

taxed to a higher degree than they are now for school purposes. 

The tax of two mills on the dollar is a constitul;ional provision, and 

the fund arising from it is dedicated exclusively to common school 

purposes. While the memorials ask for the passage of a particular bill, Senate bill -No. 394, I think they would be equally applicable to any 

provision which Congress might in its wisdom see proper to pass in 

aid of the education of the people. 

I ask that the table be published in the RECORD, and that the 

memorials I have had the honor to present be :referred to the Committee on Education and La.bor. 

The paper was ordered to be printed in the RECORD, as follows : 

DEPARTMENT OF THE L'I'TERIOR, CENSUS OFFICE, 

Washington, D. 0., January 13, 1882. 

DEAR Sm: I take pleasure in forwarding to you herewith such of the data. which 

you requested as can be obtained. I regret to say that I find that tho e who ca,n- not read have not been tallied with respect to race, so that it is impossible to give 

you the number of whites and negroes who ca.unot read. I give you, however, a statement of the percentage of those above the a.g_e of twenty-one years who cannot write, arranged as white and colored. I also inclOse the distributive share of the 

receipts from patent fees and sales of public lands of each State, relative to the num- ber of those who cannot rea.d above the a"e of ten years. Hoping that the above informa:tion ~ serve your purpose,' 

I am, very respectfully, HENRY G..U.~TT, 

Geographer and Special Agent Tenth Oensus. 

Hon. M. C. BUTLER, United States Senate. 

Can·1Wt wt··ite. 

States awl Territories. 

Percentage 

of whites to total. 

Percentage 

of colored to total. 

Alabama............................................ 9. 08 34.46 

Alaska ...................... -------- .......................................... .. Arizona. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 00 11. 98 

&raM';:~ ::::::::::::::::::::::::::::::::::::::::::: ~: ~~ ~~: ~~ Colorado............................................. 3. 67 14.52 

Connecticut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 82 12. 54 

Dakota. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 40 22. 56 Delaware. ........................................... 5.29 30.00 

District of Columbia................................. 3. 02 32.61 

Florida .......................... ---------........... 7. 63 ill. 32 

~e~r~:::::::::::::::::::::::::::::::::::::::::::::: t ~~ ~~: ~ lllinois . . . . . . . . . .. . .. . . . .. . . .. . . . . . . . . .. . .. . . . . . . . . . . 3. 2:1 !2. 25 

Indiana.............................................. 3. 97 22 .29 

Iowa .................................... ------------ 2. 21 19.55 

Kansas.............................................. I. 79 26.16 

!~=~!!. ::::::::::::::::::::::::::::::::::::::::::: ~: g~ ~~: ~~ Maine-- ----- .......... ----------------------------- . 2. 50 16.07 

Maryland............................................ 4. 71 31. 56 

Massachusetts....................................... 4. 63 11.50 

~~~fs~~::::::::::::::::::::::::::::::::::::::::::: i: ~~ ~~: i~ 

~:~~~~::::::: ::::::::::::::::::::::::::::-::::::: !: ~: ~~: ~~ Montana ........ ------............................... I. 48 20.58 

Nebraska ............... -------------................ 1. 73 18.80 

Nevada ...... . .. ----- ................... ------------- 3. 37 18.80 

~ :: ~!~:~~:: ~::::::::::::::::::::::::::::::::: : 3~Ji HJ~ New York........................................... 3. 62 15.75 

North Carolina...................................... 13.42 32.70 

Ohio ............................. -----------......... 2. 97 17.65 

~;!;i;l~i::::::::::::::::: ::::::::::::::::::::::: i: i~ H: !~ South Carolina ......................... ----------... 7. ?i 33.09 

Tennessee........................................... 10. 42 31. 45 

Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 43 30. 88 

u tab 00 -- 00 0 - 0 0 00-- 00 0 -- 0 00-- --- - .. 00----- -- .. ----- 00 3. 78 33. 63 

~~;;~------~------ :::::~:::::: :::.-.-:.-:::::::::::::::::: ~: ~ ~: g~ 

;:!!~~:~ :::::: ~~:: ::::::::::::::::::::::::::: t :~ ~~:: Wyoming------------------------------------------- 1.46 10.65 
1574 CONGRESSIONAL RECORD-SENATE. 

App1·oximate distributi1:e share of each State, in propm·tion to those who cannot t·ead, above ten years of age, of t·eceipts of Patent and Land Offices. 

Statei and Territories. Share. States and Territories. Share. 

Alabama. . . . . . . . . . . . . . . . . . . . $383, 000 Missouri . . . . . . . . . . . . . . . . . . $143, 000 

.Alaska ................ . ......... ...... . Montana. . . . . . . . . . . . . . . . . . . 2, 000 

Ariv,ona . . . . . . . . . . . . . . . . . . . . 6, 000 Nebraska . ............... . 8, 000 

Arkansas . . . . . . . . . . . . . . . . . . 158, 000 Nevada.. ...... . .... .. .... 4, 000 

California .. .. ... :.......... . 50,000 NewHampsbire ... .. ...... 12,000 

Colora{io . . . . . . . . . . . . . . . . . . . 9, 000 New Jersey.............. . 40, 000 

Connecticut . . . . . . . . . . . . . . . . 22, 000 New Mexico ...... .. ... . .. 55,000 

Dakota . . . . . . . . . . . . . . . . . . . . 3, 000 New York................ 172,000 

Delaware . . . . . . . . . . . . . . . . . . 18, 000 North Ca,rolina... ... . . . . . . 380,000 

District of Columbia . . . . . . . 22, (100 Ohio . . . . . . . . . . . . . . . . . . . . . . 90, 000 

Florida..................... 71,000 Oregon.................... 5, 000 

~e~h-r~_:::::::::::::::::::: ~6i; ggg ~t~!Ylsi:~:.:::::::::::: : f~: ggg lllinois . . . . . . . . . . . . . . . . . . . . . 100, 000 South Carolina . . . . . . . . . . . . 332, 000 

Indiana . . . . . . . . . . . . . . . . . . . . 73, 000 Tennessee. . . . . . . . . . . . . . . . . 408, 000 

Iowa . . . . . . . . . . . . . . . . . . . . . . . 30, 000 Texas.................... . 267,000 

Kansaa. . . . . . . . . . . . . . . . . . . . . 26, 000 Utah..................... 5,000 

Kentucky.................. 267,000 Vermont . . . . . . . . . . . . . . . . . . 13, 000 

Louisiana . . . . . . . . . . . . . . . . . . 306, 000 Virginia . . . . . . . . . . . . . . . . . . 375, 000 

Maine...................... 19, 000 Washington....... . . . . . . . . 3, 000 

Maryland . . . . . . . . . . . . . . . . . . 115, 000 West Virginia............ . 55,000 

Massachusetts . . . . . . . . . . . . 77, 000 Wisconsin..... .. ........ . 40,000 

Michigan . . . . . . . . . . . . . . . . . . 48, 000 Wyoming ................ . ........... . Minnesota . . . . . . . . . . . . . . . . . 21, 000 

Mississippi... . . . . . . . . . . . . . . 327, 000 Total............. . ... 5, 192,000 

Pm·sons u;ho cannot wrUe, twe11ty-one yea1·s of age and ot•e~·. 

States and Territories. White. Colored. 

The United States . . . . . . . . . • . • . . . . . . . . . . . . . . 2, 056,463 *2, 147,900 

Alabama .....•... . .......................... Arizona .................................... . Arkansas .................................. . California .................................. . Colorado ...•...................•............ Connecticut ..................•.............. Dakota .. .... ...... ........••......... ....... Delaware ................................... . District of Columbia ....................... . Florida ... ........... . ..•.............. .... .. Georgia .................. .......... ........ _ 

~~i;:::::::::::::::::::::::::::::::::::::: Indiana .................................... . Iowa ....................................... . Kansas ................................ ..... . 

~~~~~: :::::::::::::::::::::::::::::::::: 

Maine ...................................... . 

~:;;~h~s~iis·::::::::::::::::::::::::::::: : Michigan ...•............................... Minnesota ..........••...................... 

~:=~~~i_:::::::::::::::·.-.-.-.-.-.-.-.:::::::::: Montana ...............•.....•.•............ Nebraaka .................................. . Nevada .................................... . New Hampshire ...•........................ . 

~::~~~~~:: :: .-.-.-.·:.:::::::: ::::::::::::::: 

New York ................................. . North Carolina .....•........................ Ohio ....................................... . 

~i;Jt=::: :-~-~-~-~-~-:-~-~-~--:·:·:·:·:·:·:·:: ~ ~ ~: ~:::: South Carolina ............................. . Tennessee ........................ ........ . . Texa-s ..................................... . Utah ....................................... . 

f~~~--: .. ;:;)_··-~-HLE.: Wyoming ... ............................... . 

60,174 

3, 550 

50,235 

22, fi25 

7, 025 

23,339 

3, 206 

6,462 

3,569 

10,885 

71,693 

510 

99,356 

77,076 

35,815 

17, 095 

124,723 

34,813 

16,234 

34, 155 

81,671 

48,291 

27,645 

27,789 

89,924 

525 

7, 821 

1, 807 

10,694 

37,348 

33,623 

182,050 

116,437 

92,616 

2, 904 

174,2 6 18, 611 

34,335 

118,734 

65,117 

5, 385 12,872 

71, 004 1, 011 

45,340 

45,798 285 

* Including Indians and Asiatics. 

206,878 6il3 

68,444 

22,100 

465 

1, 497 

458 7,935 

19,447 

39,753 

247,318 

943 

10,397 

8, 806 

1, 958 

11,498 

90,738 

178,789 

335 

66,357 

2, 221 

3,758 

769 

208,122 

40, 357 

777 

496 

1, 638 

81 

7, 844 

5, 209 

10,134 

171-, 152 

14,152 

2,387 

15,551 

1, 139 

200,063 

126,939 

121,827 

518 

129 

214,340 

1, 884 

7,539 

981 

144 

Total. 

4, 204,363 

267,052 

4183 

us: 679 

44,725 

7,490 

24,836 

3, 664 

14,397 

2::l, 016 

50,638 

319,011 

1,453 

109,753 

85,882 

37,773 

28,593 

215,461 

213,602 

16,569 

100,512 

83,892 

52,049 

28,414 

235,911 

130,281 

1,302 

8, 317 

3, 445 

10 775 

45:192 

38,832 

192,184 

290,589 

106,768 

5,291 

1 9,837 

19,750 

234,398 

24-5,673 

186,944 

5,903 

13,001 

285,344 

2, 895 

52,879 

46,779 

4:?9 

The PRESIDENT pro tmnpore. The memorials will be referred to 

the Committee on Education and Labor. 

PETITIONS Al\"'1> MEMORIALS. 

Mr. PLATT. I present resolutions of the Legislature of the State 

of Connecticut relating to a navy-yard, the site for which was donated by the State of Connecticut to the United States Government, 

situated upon the river Thames, at New London, and urging the duty and propriety of sufficient appropriations l:)y Congress to utilize the 

site for the pm·poses to which it was donated. I ask that the reso- lutions be printed in the RECORD. 

The resolutions were ordered to be printed in the RECORD, and 

referred to the Committee on Appropriations, a-s follows: 

GENERAL AsSEllllLY, 

January Session, A. D. 1882. 

Senate joint resolution No. 57, concerning the navy-yard on the Thames. 

Whereas the State of Connecticut, at the instance of the Congress of the United 

States, in the year 1868, presented by deed of gift to the Federal Government eightythree acres of land with one mile of available water-front on the river Thames, to be hehl by the United States in trust for naval purposes; and 

Wbereas this site has been recommended and approved as possessing superior 

auvantages for a great navy-yard by a board of competent officers selected by the 

Secretary of the Navy, by the naval committee of the House of Representatives, by a large number of distinguished naval officers, and finally by theN avy Depart- ment itself: Therefore, 

Resolved by this Assembly, That the sjfe upon the river Thames was presented to the United States in view of the great advantages which would result to the United 

States and incidentally to this State by the e tablishment of a navy-yard the.reat upon a scale commensurate with its superior advantages and the wants of tLe country. .Reso~ved, That the Senators and Representatives from this State are requested to urge upon Congress and the naval authorities the duty and proptiety of making such nece ary appropriations as will utilize the site for the purpose for which it was originally donated. 

Resolved, That the General Assembly deems this subject of such importance to this State and to the General Government that his excellency the governor is hereby 

authorized and requested to appoint a commission on the part of the State to pre- sent the views of the State to the authorities at Washington; and a sum not ex- ceeding $1.000 is hereby appropriated to be expended un£fer the authority of such 

commission for the purpo es of this resolution; an£1 that his excellency the gov- ernor be reque ted to cause to be sent to each Senator and Repre en!a.tive from 

this State at Washington a copy of these resolutions. House of representatives pa-ssed February 22, 1882. 

Senate concurred February 23, 1882. 

STATE OF Cox:-mcTICUT, 

OjJice of Secreta·ry of State, 88: 

I hereby certify that the foreo-oing is a true copy of record in this office. In testimony- whereof I have 'hereunto set my hand and affixed the seal of said 

State at Hartford, this 1st day of March, A. D. 1882. [sEAL.] CHARLES E . SEARLE, 

Secretary of State. 

1\fr. JOHNSTON presented the petition of John C. Fremont, ofVirginia, praying that his claim to the Island of .Alcatrasses be referred 

to the Court of Claims; which was referred to the Committee on Claims. 

He also presented the petition of W. H. Harrison, of Virginia, and 

the petition of Richard M. Harrison, of Virginia, praying pay for the 

occupancy of certain property occupied by the Union forces in 1865; 

which were referred to the Committee on Claims. 

Mr. SAUNDERS. I present a petition of citizens of Antelo.pe 

County, Nebraska, praying that favorable terms and conditions be 

granted for all proposed bridges across the Missouri River above 

Omaha. The object of the petition is to get the same liberal conclitions in the charter for a bridge on the Mi souri River above Omaha as have been given at Omaha and below. I move the reference of the 

petition to the Committee on Commerce, where I think there is a bill now pending on the same subject. 

The motion was agreed to. 

Mr. VEST presented resolutions of tho Cotton Exchange of Saint 

Louis, Missouri, in favor of legislation for the improvement and ex- tension of the Signal Service; which was referred to the Committee on Military Affairs. 

Mr. JONES, of Nevada, presented two memorials of citizens of 

Idaho Territory, remonstrating against the passage of Senate bill 

No. 448, granting to John A. Post and others the ri~ht of way and 

other privileges to aid in the construction of a bea-rock :flume in 

Moore's Creek and Grimes' Creek in Boise County, Idaho Territocy; 

which were referred to the Committee on Mines and Mining. 

REPORTS OF COMMITTEES. 

1\fr. SAWYER, from the Committee on Railroads, to whom was referred the joint resolution (S. R. No. 16) for the relief of the Kan- sas City, Fort Scott and Gulf Railroad Company, reported it with 

amendments, and submitted a report thereon, which was ordered to 

be printed. 

1\Ir. PLATT. There was referred to the Committ.ee on Patents a communication from the Secretary of War relating to t.he action 

taken by the War Department in adopting the improved canistershot of Addison M. Sawyer, and as to the justice of compensatin~ 

Mr. Sawyer for the use of his patent. The committee having haa 

the matter under consideration, submit a report recommending that 

he be compensated, and also a bill f-or that purpose. 

The bill (S. No. 1370) for the r elief of Addison M. Sawyer was read 

twice by its title, and the accompanying report was ordered to be 

printed. 

Mr. ANTHONY, from the Committee on Printing, to whom wa~ 

refurred are olution for printing 2,000 copies of the report of Rev. 

Dr. Sheldon Jackson on education in .Alaska, asked to be discharged 

from it further consideration, and that it be referred to the Committee on Education and Labor; which was agreed to. 

Mr. ANTHONY. The Committee on Printing, to which was re- ferred the joint resolution (S. R. No.5) directing that 10,000 copie 

of the Medical and Surgical History of the War of the Rebellion be 

printed, has instructed me to report it back and ask to be discharged 

from its further consideration. The r esolution calls for printing 

10,000 additional copies of this work, of which 5,000 have already been printed, and the cost will be 125,000. 

The PRESIDENT pro ternpm·e. The joint resolution will be post- poned indefinitely if there be no objection. 

Mr. CALL. Do I understand the Senator from Rhode Island to 

report adversely on the joint resolution f 

:Mr. ANTHONY. The report is advertse. The printing would cost 

$125,000. 

Mr. CALL. I hope the joint resolution will be put on the Calendar, so that we may still have it before us. 
1882. CONGRESSIONAL RECORD-SENATE. 1575 

Tbe PRESIDENT pro f.empm·e. The joint resolution will be placed ou the Calendar with the ad verse report of the committee. 

REPORT OF DISTRICT HEALTH OFFICER. 

Mr. ANTHONY. I am directed by the Committee on Printing, to 

which was referred the joint resolution (H. R. No. 104) authorizing 

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

of the District of Columbia, to report it without amendment and 

recommend its passage. I ask for its present consideration. 

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

proceeded to consider the joint resolution. 

The joint resolution was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

NAVY REGISTER. 

Mr. ANTHONY, from the Committee on Printing, to which was 1·eferred the following re olution, reported it without amendment; 

and it was considered by unanimous consent, and agreed to: 

Resolved, That !_,000 copies of the Navy Register for January, 1882, be printed 

for the use of the ;::,enate. 

ARMY REGISTER. 

Mr. ANTHONY, from the Committee on Printing, to which wa referred the following resolution, reported it without amendment; 

and it was considered by unanimous consent, and agreed to: 

Resolved, That 1,000 copies of the Army Register for January, 1882, be printed 

for the use of the Senate. 

PRL"iTING OF :M:E~IORIAL CARD. 

Mr. ANTHONY. I move tc.. reconsider the vote by which the Senate indefinitely postponed the resolution for printing 5,000 copies of 

the vignette of the memorial card in honor of General Garfield. 

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

the Senator from Rhode Island to reconsider the action of the Senate. 

Mr. INGALLS. What is the object of a reconsideration f I un- derstand that arrangements have been made by which an indefinite 

number of these vignettes may be printed at cost by the action of 

Loth Houses. 

The PRESIDENT p1·o tempore. Is there objection to the vote being 

reconsidered f The Chair hears none, and it is reconsidered. 

Mr. SHERMAN. The resoluti<Jn is now pending, as I understand. 

The PRESIDE:l\"'T pro tempore. No, sir. 

Mr. SHERMAN. The motion to reconsider has prevailed f 

The PRESIDENT p1·o tempore. A motion to consider the resolution now would be in order. 

Mr. SHERMAN. I can make an explanation of the resolution in a moment. 

The PRESIDENT pro tempm·e. The Senator can move to consider 

it now, or he can wait until the morning business is concluded. 

Mr. SHCRMAN. I ask for its present consideration. 

The Senate, by unanimous consent, proceeded to consider the reso- lution, and it was read, as follows: 

Resolved, That there be printed from the en!mlved plate of the memorial card 

preparell in honor of the late President James A'ilram Garfield, 5, 000 copies for distribution by the Senate. 

Mr. COCKRELL. I a k the Senator from Ohio if this is not precisely the saml resolution that we reconsidered a moment ago Y 

Mr. SHERMAN. Yes. It was indefinitely postponed by consent 

ye terday; but upon reflection it is thought best to reconsider it and 

adopt it. 

I will say in explanation of the resolution that it will cost lmt a comparative trifle to issuo5,000 copies directly to the Senate, which are aU that are thought to be necessary for the Senate, as to order 

them by each Senator would create a great deal more work. I soppo e every one familiar with the printing office knows that they 

could print 5,000 at a comparatively small cost, but that by small 

orders of tens and hundreds the cards would cost four or five cents 

apiece. It is thought best, therefore, to print all that are needed for 

the Senate at once. The resolution was agreed to. 

A~IVEUSARY OF THE DISCOVER.Y OF THE MISSISSIPPI. 

Mr. HOAR. I am instructed by the Committee on the Library, to 

whom were referred certain petitions of the Wisconsin Geographical 

Society and the Chicago Historical Society, praying Congress to appoint a joint committee to attend on the 9th of April next the com- memorative service of the two-hundredth anniversary of the discovery of the mouth of the :Mississippi River by La Salle, to report adversely. As it is a matter of great public interest, and the report 

comprises but five or six lines, I should like to have it read so that 

it may go into the RECORD. 

The PRESIDENT pro tempore. The report will be read, there being no objection. 

The Acting Secretary read as follows : The Committee on the Library, t.o whom were referred the petitions of the Wisconsin Geographical Society, and of the Chicago Historical Society, asking the appointment of a committee to attend the celebration on the 9th day of April, 1882, 

at New Orleans, of the discovery, by Robert Cavalier de La. Salle, of the mouth of 

the Mississippi, haT"e considered the same, and respectfully report: 

The event to be commemorated is of great national and ni torical interest, and, as the petitioners well say, eminently worthy of national recognition. But the 

committee think that the two Houses of Congress ought not to require of any of 

their members to absent themselves from these ion at a time when the public business is likely urgently to demand their presence at the sea.t of Government. 

We therefore recommend that the prayer of the petitioners be not granted. 

The report was agreed to. 

BILLS INTRODUCED. 

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

introduce a bill (S. No. 1371) for the relief of the creditors and assi~ns 

ofNorman Wiard; which was read twice by its title, and, together 

with the accompanying-papers, referred to the Committee on Claims. 

Mr. INGALLS (by request) asked and, by unanimous consent, 

obtained leave to introduce a hill (S. No. 1372) to refund theM. G. 

Emery a sessments; which was read twice l>y its title, and referred 

to the Committee on the District of Columbia. 

He also (by request) asked and, by unanimous consent, obtained 

leave to introduce a bill (S. No. 137:3) for the relief of Thomas Evans; 

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

He also (by request) asked and, by unanimous consent, obtained 

leave to introduce a bill (S. No. 1374) to extend time of payment of 

special assessments, and for other purposes; which was read twice 

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

Mr. McMILLAN (by request) asked and, by unanimous consent, 

obtained leave to introduce a bill (S. No.1375) for the relief and improvement of seamen in the merchant service by changing the system 

of advance wages; which was read twice by its title, and referred to 

the Committee on Commerce. 

lli. HOAR (by request) asked and, by unanimous consent, obtained 

leave to introduce a bill (S. No. 1376) to give jurisdiction to the 

Court of Claims in patent cases; which was read twice by its title, 

and referred to the Committee on Patents. 

Mr. JOHNSTON asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No. 1~77) for the relief of W. S. Kimball and 

others; which was read twice by its title, ami referred to the Committee on Claims. 

Mr. GROOME asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No. 1378) to permit the Washington City and 

Point Lookout Railroad Company to extend their railroad into and 

within the District of Columbia; which was read twice by its title, 

and referretl to the Committee on the District of Columbia. 

1\Ir. CONGER a.sked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1379) for the relief of Henry F. Brownson; 

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

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

introduce a bill (S. No. 1380) to amend section 4400 of title 52 of the 

Revised Statutes of the United States, concerning the regulation of 

steam vessels; which was read twice by its title, and referred to the 

Committee on Commerce. 

1\Ir. CALL asked and, by unanimous consent, obtained leave to 

introduce a bill (S. No.138l)for theimprovementoftheSaintJohn's 

River at Mud Flats, nearly opposite Orange Mills, }<'lorida; which was read twice by its title, and referred to the Committee on Com- merce. AMEND:.\fE},"""T TO APPROPRIATIO:Y BILL. 

Mr. TELLER submitted an amendment intended to be proposed by 

him to the bill (H. R. No. 3548) makin~appropriationsforthe service 

of the Post-Office DepaTtment for the fiscal year ending J nne 30, 1883, 

and for other purpQses; which was referred to the Committee on Appropriations, and ordered to be printed. 

ADJOUR...·~n,rn~T TO MO~'DAY. 

On motion of 1\Ir. INGALLS, it was 

Orde-red, That when the Senate adjourn to-day, it adjourn to meet on Monday next. 

RATES OF TARIFF DUTIES. 

1\Ir. VANCE. I offer a resolution and ask its present consideration. 

I suppose there will be no objection to it. 

The Acting Secretary read the resolution, as follows : 

Resolved, That the Secretary of the Treasury be directed to prepare for the use of the Senate a complete list of all articles embraced in tbe tariff laws of tbe United 

States, with the amount of duty imposed on e:wh, stated, so as to show the actual 

percentage ad valorem of the duty on every article; and also a complete list of all 

articles which are imported free of duty. 

Mr. MORRILL. I think that information is already in print. 

therefore object to the present consideration of the resolution. 

The PRESIDENT pro tempore. The resolution goes over. 1\Ir. BECK. There are a few copies in the Treasury Department, 

but they cannot be obtained except by special request. 

Mr. MORRILL. Suppose the resolution be referred to the Committee on Finance, and if we find the information is not in print we can report back the resolution at once Mr. VANCE. I suppose I cannot' help myself. 

The PRESIDENT p1·o tempore. Will the Senator have the resolution referred to the Committee on Finance, rather than have it lie 

overf 

Mr. V .ANCE. Yes, sir. 

The PRESIDENT pro tempore. The resolution will be so referred. 

Mr. VANCE. Very well. 

SUPPLIES TO SIOUX Th'"DIA.NS IN 1862. 

The PRESIDENT pro ten~pore. If there be no further morning business the morning hour is closed, and proceedings under the Anthony ru1e will now begin. The bill which was partially considered 
1576 CONGRESSIONAL RECORD-SENATE. MARCH 3, 

yesterday, being the bill (S. No. 36) to authorize the Secretaryofthe 

Interior to a~certain theamountsduetocitizensofthe United States 

for supplies furnished to the Sioux or Dakota Indiana of Minnesota 

subsequent to August, 1860, and prior to the massacre of August, 

1862, and providing for the payment thereof, is first in order. 

Mr. CAl\-IERON, of Wisconsin. Several Senators have said to me t hat they desire further time to examine the bill. I k that the bill 

may be passed over without losing its place on the Calendar. 

The PRESIDENT pro tempore. Byunanimousconsent that can be 

do:A.e, and the Chair will so consider it, there being no objection. 

HERMAN BIGGS. 

Mr. HARRIS. I desire at this time to enter a motion to reconsider 

the vote by which the Senate yesterday refused to order to a third 

reading the bill (S. No. 173) for the relief of Herman Biggs. I desire 

to say that I do so for the accommodation of the Senator from South 

Carelina, who desires to submit some views which he has in respect 

to the matter. I have no idea from the stand-point of my present 

information that I shall myself vote for the motion, though I enter 

it in order that the Senator may be heard in respect to it. 

The PRESIDENT p1·o tempore. The motion to reconsider will be 

entered. ALCOHOLIC LIQUOR TRAFFIC. 

The PRESIDENT pro tlmtpore. The bill (S. No. 861) to provide for a commission on the subject of the alco1wlic liquor traffic is nowthe 

first in order. Mr. CONGER. Let the bill be read. 

The PRESIDENT pro tempm·e. The bill will have its second reading at length. It has only been read once heretofore. 

The bill was read the second time at length. Mr. CONGER. In the absence of the Senator from Maine, [.Mr. 

FRYE,] I ask that the bill be passed over this morning without preju- dice. The PRESIDENT p1·o tempore. The bill will be passed over without prejudice, if there be no objection. The Chair hears none. 

MARCOS RADICH. 

The next bill on the Calendar was the bill(S. No. 619) for the r elief 

of Marcos Radich; which was considered as in Committee of the 

Whole. It provides for the payment to Marcos Radich, of Houston, Texa~, of 440, in full for rent of house in Brownsville, Texas, by and 

for the use of the United States military authorities, from August 21, 

1865, to March 31, 1866. 

The bill was reported from the Committee on Claims with an amendment, after the words" rent of," in line 7, to strike out: 

House in Brownsville, Texas, by and for the use of the United States military authorities from August 21, 1865, to March 31, 1866 ; 

And to insert in lieu thereof: 

His two buildinus situate in Brownsville, Texas, one of which houses wa~ occu- pied by the Unite8 States military authorities from August 21, 1865, to December 

31, 1865, at the rate of $60 per month, and the other of which houses was occupied by the United States military authorities from January 1, 1866, t<l March 1, 1866. 

The amendment was agreed to. 

The bill wa~ reported to the Senate as amended. 

Mr. EDMUNDS. I should like to hear the report read. 

The PRESIDENT p1·o tempot·e. The report will be read. 

Mr. CAMERON, of Wisconsin. I wish to suggest an amendment 

to the proposed amendment. 

:Mr. EDMUNDS. Let us hear the report read :first. 

Mr. CAMERON, of Wisconsin. I can state the substance of the 

report in a shorter time than it will take to read it. In 1865 the 

proper quartermaster who was in charge at Brownsville, Texas, en- tered into a contract with this claimant, Marcos Radich, by which 

he rented two certain buildings belonging to ])Jr. Radich, agreeing 

to pay a certain specified rent. The buildings were taken possession 

of by the military authorities under that contract and occupied by 

the military authorities for the length of time stat ed in the bill; but 

under the act of July 4, 1864, and the act of F ebruary 21, 1867, the Departments were prohibited from paying any sum for rent in any 

of the States that had seceded until the legal close of the war. This 

contract was made after the actual cessation of hostilities, but be- fore the President issued his proclamation that the insurrection 

had been suppressed in the State of Texas, and consequently the 

Departments were not able to audit or pay this claim. 

])Jr. EDMUNDS. Why did he not sue in the Court of Claims T 

Mr. CAMERON, of Wisconsin. My underst.andin(J' is that the 

Court of Claims did not have jurisdiction of the ca.se for the reason that the contract was made in a State that had seceded and before 

the legal close of the war. Vouchers were given by the proper quartermaster on the :E'orm 22, which was used in such cases. Those vouchers are set forth at length in the report. .All there is abou~ it 

is that a contract was made by the proper quartermaster with the owner of these buildings, under which the United States rented and 

occupied the buildings at a certain specified r ent; but the money stip- ulated was not paid, because the act of February 21, 1867, provided that the act of 1864 " shall not be construed to aut horize the settlement of any claim for supplies or stores taken or furnished for the use of or used by the armies of the United States, nor for the occu- pation of or injury to real estate, nor for the consumption, appropriation, or destruction of or damage to personal property by the 

military authorities or troops of the United States, where such claim 

originated during the war for the suppression of the southern rebell- ion in a State or part of a State declared in insurrection by the proclamation of the President of the United States dated July 1, 1862." 

Mr. :MAXEY. I ask the Senator from Wisconsin if it is not the 

fact, as shown by the papers on file, that the only obstacle in the way 

of the Department paying this claim was the act of 1867, which 

required legislation by Congress to settle that class of claims. 

Mr. CAMERON, of Wisconsin. I have stated that the only objection was the act of 1867, which prohibited the Department from paying claims of this cla s. Mr. MAXEY. Outside of that the Department recognizes the clain1 as just and valid. 

Mr. CAMERON, of Wisconsin. All these claimants have been 

required to come to Congress, andineveryinstance, sofarasiknow, 

their claims have been favorably reported from the Committee on Claims and favorably considered by the Senate. 

Mr. EDMUNDS. Would the Senator mind telling us why this gentleman, if he could not go before the Court of Claims, could not go 

before the Southern Claims Commission, and if he could, why ke did 

not; or if he did, what became of his claim J 

Mr. COCKRELL. IthinktheSenatorfrom Vermont will find that 

the jurisdiction was taken away from the commissioners of claims to 

adjudicate upon the rent of real estate in the insurrectionary States. 

Mr. CAMERON, of Wisconsin. I think that was the law. Mr. EDMUNDS. I guess the trouble was the loyalty question; 

but if we hired the property we ought to pay for it. 

Mr. CAMERON, of Wisconsin. There was no claim that he was loyal. · Mr. TELLER. In considering these cases we have never regarded 

the loyalty of the claimant as a matter of importance. If the Government had entered into a contract with a man who was disloyal, 

it ha.s always appeared to the members of that committee who have 

had these matters under consideration that the Government was bound 

by its contract. Therefore we have, I think,· invariably reported 

this class of claims since I have been a member of the committee, and 

the Senate has always recognized the propriety of paying them. These contracts are always certified.here at WashiHgton, and if not 

always t echnically approved, as they have not always been, they 

have always been treated as approved by the Department. 

:Mr. ED~fUNDS. I agree to the proposition that whateverpromi e we have made to an enemy of the United States ought to be r eligiously kept, for I go myself on the principle of keeping my promises 

to my enemies and breaking them to my friends who can stand it 

much better. But that undoubt.edly explains the reason why this 

claim was not disposed of in the Department, the Court of Claims, or the southern clc~~ims commission, that this act as to the DepartmentR 

cut it off, and loyalty in the southern claims commission being r e- quired it could not be proved; but it appearing from the report of 

the committee that this was an actual contract, made after the close 

of the actual hostilities, by the proper officers of the Army, I see cer- tainly no reason why it should not be paid. 

])Jr. HOAR. If I may be permitted to say a word, I put in the 

committee the question which the Senator from Vermont now puts, and there was in the facts some a,nswer beside the one he has made, 

something very peculiar in the circumstances of the claimant. I 

cannot remember now the details, we have so many of these cases; 

bnt there was in addition to that some other answer which satisfied 

the committee, I am quite sure. Mr. CAMERON, of Wisconsin. I think the only answer given was that he was not a loyal man. Mr. HOAR. Perhaps I am mixing it up with another case. ])Jr. EDMUNDS. Let the amendment be read. 

The amendment was read. 

Mr. HOAR. A. great part of the case did not come within any 

jurisdiction; it was long after the war actually closed. The answer, as I remember now from hearing that amendment read, was that the 

last part of it did not come within the j urisdiction of the southern 

claim commission. 

:Mr. CAMERON, of Wisconsin. The bill described "one house ; " 

the facts show that there were two houses rented, and the amend- ment describes the fact just as it is. · · 

The PRESIDENT pro tempm·e. The Senator stated a while ago that 

he wished to make a further amendment. 

Mr. CAMERO:N,.of ·wisconsin. I do not think it is necessary. The amendment made as in Committee of the Whole was con- curred in. 

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

third time, and passed. 

NAVAL ffiSTORY OF TilE WAR. 

The bill (S. No. 885) to authorjze the compilation and printing of 

the naval history of the war was considered as in Committee of the 

Whole. ~Ir. ANTHONY. Mr. President, I believe this bill passed the Sen- ate at t he last session. The records of the military operations of 

both the Union and the confederate armies are now in process of 

compilation, and the demand for them has been so great that the 

number of copies ordered to be printed for sale has been exhausted, 

and the Committee on Printing propose to recommend tothe Senate 

the printing of a<lditional copies; but these records of military oper-
1882. CONGRESSIONAL RECORD-SENATE. 1577 

ations leave out entirely the naval operations. Those are as important as materials of history as the military operations, and are creditable to the valor and skm of both sides. 

Tills bill authorizes the Secretary of the Navy to detail a line offi- cer of the Navy to prepare this compilation, so that there will be no expense at.tendiug the compilation ; it is only the expense of printing that is involved. It seems to be perfectly just to the Navy that 

its prowess should be recognjzed in these collections of the m~~terials 

of history as that of the Army. 

!l~r. EDMu"NDS. May I ask the Senator from Rhode Island whether nn act of Congress ever provided that an officer of the line of the 

Army should write out this A.rmyhistorythatit is saidis now being rt' mted or has been printed. · Mr. ANTHONY. IftheSenatorobjects to "anofficeroftheline," 

(have no objection to striking out "line." 

Mr. EDMUNDS. No; lam inquiringwhetheranyactofCongress 

provided that any Army officer should get up an Army history similar 

to this naval one that is proposed. 

])fr. ANTHONY. It is in charge of an officer of the Army. That 

act came from the Committee on Military Affairs. I do not know 

whether the act prescribed that that should be done by an officer of 

the Army or not; but it is in charge of an officer of the Army, a ve1·y 

gallant and intelligent officer, Colonel Scott. 

Mr. EDMUNDS. Yes, but do the documents that Colonel Scott is 

compiling contain :tny work of his own in the nature of a historicn,l 

statement of what has occurred, or are they only a compilation of 

the war records f 

1\ir. ANTHONY. A compilation of the war records. 

Mr. EDML~-rns. This provides for a naval history, does it not f 

!lir. ANTHONY. That is the title of the bill, but the provisions of 

the bill are only for a documentary history; the officer is merely to 

edit. 

Mr. EDI\fmTDS. Let us hear the bill read again that we may 

find out exactly how it stands. We aTe a little at sea about it. 

The bill was read, as follows : 

Be it enacted, cf:c., That the Secreta17. of the Navy be authorized and directed to detailalineofficer of the Navy to c-ompile for publication the official records of the war of the rebellion. both of the Union and confederate navies, in conjunction with 

the compilation of the records of the Union and confederate armies now progress- ing under direction of the Secretary of War according to the acts of Congress ap- provedJ"tme23, 18':"4; March3, 1875; July 31,1876; March 3,1877; Jm1e 20,1878, and 

:March 3, 1879 ; and t.he Secretary of the Navy is hereby directed to have copied for 

the Public Printer all such reports, letters, orders, tele!!Tams, findings, instructions, 

decisions, COlTCspondence, and general orders, properly arranged, chronolo~ically, as shall be essentinl to a complete naval history of the late conflict on botn sides, 

excluding miscellaneous matter which has no bearing ll1JOn the discipline of the 

naval service, the naval operations, the organization of the blockade, and various 

eX]Jedit.ions of the naval department. 

Mr. ANTHONY. It is not liable to the objection that my friend 

from Vermont raises n-~a.inst it. It is a mere documentary history, 

and the officer detuilea. is only to edit the work, not prepare any 

original matter. 

ltir. EDMUNDS. You had better strike out the word "line" before "officer" in line 4. 

Mr. ANTHONY. I have no objection to striking out" line." 

Mr. INGALLS. Can the Senator from Rhode Island state whether 

t.he designation of statutes in the bill is intended to refer to previous 

Congressional action. in relation to this subject or to the subject of 

t.he compilation of the records of the Army T 

Mr. ANTHONY. The records of the Army. 

Mr. INGALLS. Then there is no necessity for the reciting of them 

in this bill. 

Mr. ANTHONY. I do not see any harm in it. It is to make the 

compilation of the naval history identical in its manner and style 

with that of the .Army history of the war. 

Mr. INGALLS. Nor do I see any reason why this should be done 

"in conjunction with" the compilation of the history of the Army 

proceedings. This is to be an independent publication, as I understand. It seems to me the bill is open to many objections. It is inartificially drawn, cumbrous, and unwieldy. If we want to secure the compilation of these records, the statute ought to say so without referring to a dozen different statutes on another subject. 

Mr. AN1HONY. The recapitulation of the statutes in rerrard to 

the COir.}iilation of the Army records is merely to provide t'hat the 

Navy r(lcords shall be compiled and edited and arranged in the same manner. 

Mr. SAULSBURY. I have very grave doubts myself whether it was wise policy in the American Government to perpetuate the history of the war. I think it would have been fully as wise to have 

obliterated all the difficult.ies that existed between the people of this 

country. ·we have, however, published, or are publishing a history 

of the operations of the armies during the war, and I therefore should H.l~t.ke no objection to seeing the operations of the Navy printed, proYided I believed any history prepared at the present time could be an impartial history of the events which took place: 

This, I understand, is to be strictly a compilation of official records; 

lmt I a.ru Yery well satisfied that any history which comes out in ref- erence to the war dnTing the present generation will do injustice to 

military meu on both sides and to naval officers and the naval service on both sides. If we preserve these records until the passions that 

werl3 engendered by the war have fully subsided, an(l then let tl.J.em 

l>e placed in the possession of some impartial historian, they may be 

of service; but I doubt whether any compilation now made of public records bearing on this question will be of any particular service 

to the cotmtry. 

Mr. HAWLEY. Mr. President, nobody is attempting to write a history, in the ordinary popular sense of that word, of either the 

operations of the Army or the operations of the Navy on either side 

during the late war; but it is indispensable to the future historian 

and political student that these records, these documents, these re- ports, an infinite variety of them now in manuscript and more or less 

scattered and liable to be destroyed, should be brought together and 

should be printed. Of course of ninety-nine one-hundredths of them 

there is but a single copy in existence, aud as to a great many of the 

others that have been printed and are to be printed they have been . collected from various S01Jl'Ces and are yet to be collected, and I will 

say for the satisfaction of the Senator from Delaware that there is 

nobody more ready to bring forward matter for these volumes than 

those who were engaged upon the confederate side. The leading 

generals of the confederacy, and their families, and their friends, and· all the officers on t.hat side from the highest to the lowest, have man- ifested an interest and I think I may say without an exception, a frank and free disposition to put everything within their reach at 

the disposal of the Government. Everythin~ that any sensible man could say bears upon the question is to be prmted. It is as near impartial as anything possibly can be. It is nothing but a photograph 

of the official reports, and, as I said, if they are not collected now, 

you are lin,ble at any time by a fire in any one of a hundred different 

places to lose documents that can never be repla.ced. 

The PRESIDENT pro tempore. The Senator from Rhode Island 

moved to strike out the words " a line" in the fourth line, before the 

word ''officer," and insert'' an," so as to read'' an officer." The question is on that amendment. 

The aniendment was agrMd to. 

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

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

third time, and passed. 

Mr. ANTHONY. I move to amend the title by inserting '' documfmtary" before "history." 

The motion was agreed to. 

ALONZO GESNER. 

The bill (S. No. 53) for the relief of Alonzo Gesner was considered as in Committee of the Whole. It proposes to authorize the Secretary of the Interior to approve for payment, if on examination he 

finds the surveys were made in accordance with the report and approval of the surveyor-general of the State of Oregon of date December 1, 1877, certain surveys of the public lands made by Deputy 

Surveyor Alonzo Gesner, to wit: townships 16, 17, 18, 19, and 20 

south, range 16 east of Willamette meridian, making fifty-four miles 

and three and nine hundredths chains of township lines and three 

hundred miles and sixty-one and ninety-three htmdredths chains of 

section lines, at the rate of $7 per mile for township and $6 per mile 

for section lines, amounting in all to $2,182.91. 

Mr. EDMUNDS. Let us hear the report. 

The Principal Legislative Clerk read the following report, submitted by Mr. GROVER January 18: 

The Committee on Public Lands, to whom was referred the bill (S. No. 53) for the 

relief of .Alonzo Gesner, beg leave to submit the following report: 

It appears from the papers in this case that .Alonzo Gesner, of Oregon, on Sep- tember 6, 1876, entered into a contract, No. 251, with the United States surveyor· 

general of Oregon to survey public lands in said State, described aa follows, to wit: 

Fourtb standard parallel southwest, through ranges 20, 19, 18 east, to the intersection with the Des Chutes meridian: and also the exterior bonnda.ries of town- ships 18, 19, 20 south, ranl/:eS 18, 19, 20 east, and townships 16. 17, 18, 19, 20 south, ran~e 17 ea.c;t; and als:l the subdivisional lines of townships 18, 19, 20 south, ranges 19, <:0 east, ami townsbipsl8, 19south; range18 ea.st, and townships 16, 17,18 south. 

range l7 east, WillameLte meridian, Oregon. 

That on .April 7, 1877, .Alonzo Gesner, from his camp in the field on Dear Creek, 

Wasco County, Oregon, wrote to the United States surveyor-general of Oregon, calling his attention to the large settlement then being made in t-ownships 16, 17, 

18, 19, and 20 south. range 16 east, and that the settlers therein were clesirous of the 

survey of the above-deRcribed lands. That these townships contained a large area. of excellent and valua,ble agricultural lands, ancl also abounded in rich mineral 

deposits. Tl1at being on the ground, and in view of the great eX]Jense of trans- porting a surveying party to this remote distance aDd back, .Alonzo Gesner asked 

the United States surveyor-general of Oregon that he be permitted to proceed at once to the survey of the townshlps named, and that they be added to h1s contract of September 6, 1876; and that, feeling assured of the compliance of the said United 

States surveyor-general with his said request, he further stated that he Rhould 

proceed at once to the survey of the exterior and subdivisionallines of said town-

~~~!to~usting to secure the approval of said United States surveyor-general 

That on Aprill9, 1877, the bondsmen of said .Alonzo Gesner gave their consent that said Gesner might survey the exterior and section lines of said townships 16, 

17, 18, 19, 20 south, range 16 east, amonntin~.to 54 miles and 3.09 chains of exterior 

lines, and 300 miles and 61.92 chains of section lines, and which, at the rat~ of $7 

per mile for township and $6 per mile for section lines, amounted to $2,182.91. 

That on .August 18, 1877, said surveys were authorized by stti(l United States sur- veyor-general of Oregon, upon the condition that the consent of his bondsmen be 

obtained, and tbe United States surveyor-general, deemjng it to be for the best 

interests of the Gi>vernment, asked the Commissioner of the General Land Office to approve the same. That on December 28, 1877, the United States surveyor· general for Oregon indorsed the aeconnt of said .Alonzo Gesner to the Commissioner of the General Land ·Office aR United States deputy surveyor for his said 

:~~ko1~: ~gJ!·~~ s~rl ~iU[ahl~ o!p~~~~~beAfj ~~7~hl~~ ai~~ ~~~s~fo~~ri~i the GeneraJ. Land Office, on .January 23, 1878, disallowed, for the reason that the same had not been included in the original contract of .Alonzo Gesner, and which 
1578 CONGRESSIONAL RECORD-SENATE. ARCH 3, 

had been approved by the Commissioner. That the account for the work of said 

fleput:r surveyor was approved by the surveyor-general of Ore~n on December J o, 1877, and forwanled to the Comirussioner of the General Land uffice, and is now of record in the United States 'l'reasury Department. That the field-notes of the 

Raid Rurveys were duly approved by the Rurveyor-general December 1, 1877. 

That duplicate township plats of said surveys were duly made and filed in the 

United States locallaml oftices at The Dalles and Lake View, Oregon, on Decem- ber 20 and December 30, 1877, respectively, and copies thereof forwarded to the 

Commissioner of the General Land Office. That the said township plats have ne>er been withdrawn from the local land offices, but that the same remain on file 

and of record in said offices; and that the lands so surveyed are, and have been 

>Iince the filing of the plats, subject to entry as public lands 1mder the laws of the 

United StateR. That said surveysamountto 54 miles 3 chains and 9links oftownship lines, and 300 miles 61 chains and 92 links of section lines; and which, at $7 

per mile for townsbi_P lines and $6 per mile for section lines, amounts to the sum of $2 182.91; and whwb amount is still unpaid and claimed as due said .Alonzo Ges- ner on account of aid surveys. That a bill for the payment of the amount due 

Alonzo Gesner(S. No. 734) pas ed the Senate on June 19, 181,8, (see Senate Journal, second session Forty-fifth Congress, page 779, June 19, 1878 ;) and which bill was thereafter referred to the Committee on the Public Lands of the House, by it favorably considered, and by it ordered to be fa>orably reported to the House wit h a t·ecommendation that it should pass, but which report failed t~ be made t~ the House in time to be acted upon during the Forty-fifth Congress. That the amount fH! stated in said Senate bill No. 734 was $3,033.27; but that since the date of tho 

introduction of the pending bill there has been paid of said amount the sum of 

$850.36 for the survey of two t~wnships, in pursuance of the original contract and 

cert.ain substitutions thereunder, leaving still unpaid the sum of $2,182.91 on ac- count of said surveys. 

'V e therefore recommend the passage of the bill, with an amendment in line 13, by striking out "ninety-three" and inserting 1 1 ninety-two," to make the bill cor- respond to the a>Ctual su,rvey. 

Mr. EDMUNDS. I move to amend the bill by insertincr in line 7, after the word "seventy-seven, "and have become lawful' surveys·;" so as to read: -

If on examination be finds the surveys were made in accordance with the report 

and approval of the surveyor-general of the Sto.'\te of Oregon of date De<'emher 1, 1877, and have become lawful surveys, &c. 

The object is not to pay for this work if it was done in such a way 

that under the law it is entirely lost to the United States, and that 

the surveys cannot be used by the United States as lawful surveys. 

I presume there will be no objection to that. 

l\lr. GROVER. There is no objection to the amendment proposed, as the lands are now treat-ed as lawfully surveyed and settlers are occupying them tmder the laws of the United States. Th~ amendment was agreed to. 

The PRESIDENT p1·o tempore. There is an amendment of the Committee on Public Lands, which will be read. 

The AcTING SECRETARY. The amendment of the Committee on Public Lands is, in line 13, after the word "and," to strike out "ninetythree" and insert ''ninety-two;" so as to make the clause read: 

Making fifty-four miles and three and nine hundredths chains of township lines 

:md three hunclred mile! and sixty-one and ninety-two hundredths chldns of sec- tion lines, at the rate of $7 per mile for town~ hip and 6 per mile for section 

lines, &c. 

The amenclment was agreed to. 

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

The bill was ordered to be engrossed for a third reading:, read the 

third time, and passed. 

JURISDICTION OF UNITED STATES COURTS. 

The bill (S. No. 900) to amend the laws in relation to the jurisdiction of courts of the United States was announced as being the next 

bill in order on the Calendar. Mr. GEORGE. I a-sk to have that bill passed by without prejudice. 

The PRESIDENT pro tempore. That will be done if there be no objection. The next case will be called. 

COMMERCIAL EMPLOYES AND SERVANTS. 

The next bill on the Calendar was the bill (S. No. 901) to protect 

employes and servants engaged in foreign and interstate commerce. 1\ir. GEORGE. I wish that bill read the second time and referred 

to the Committee on Education and Labor. The bill was read the second time by its title, and referred to the 

Committee on Education and Labor. 

ELECTION OF JUDGES. 

The next business on the Calendar was the joint resolution (S. R. No. 2G) proposing an amendment to the Constitution of the United 

States, so as to provide for the election of certain judges of the United 

States by the people and their removal from office for disability. 

Mr. GEORGE. I want that resolution pas ed over without preJudice. . The PRESIDENT JJro te-mpm·e. If there be no objection, that order will be made. 

ELECTION OF CERTArn OFFICERS. 

The next business on the Calendar was the joint resolution (S. R. 

No. 26) proposing a·1 amendment to the Constitution of the United 

States providing for the election of certain officers by the people. 

Mr. GEORGE. Let that be passed over in the same way. · The PRESIDENT pro tempore. The Chair hears no objection to 

that course. 

1\IESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by !lr. McPHERSON, 

its Clerk, announced that the House had passed a bill (S. No. 1233) to 

amend an act entitled, "An act to provide for the construction of a marine hospital in the city of Memphis, Tennessee." 

The me sage also announced that the House had passed a bill (H. 

R. No. 1302) to amend section 4458 of the Revised Statutes, relating 

to licen e fees of officers of steam vessels, in which it requested the concun n~e of the Senate. 

ELLEN 1\IOORE. 

The bill (S. No. 643) for the relief of Ellen Moore, widow of .Allen 

Moore, deceased, was considered as in Committee of the Whole. It 

propo es to direct the Secretary of War to inscribe on the rolls of the 

\Var Department the name of .Allen Moore as a private in the com- pany of Captain Moffatt, Palmetto Regiment, South Carolina Volunteers, Mexican war, and as having been mortally Wl)nnded at tho 

battle of Churubusco on the 20th of August, 1847. 

Mr. INGALLS. Let the report be read. ThePrincipalLegislativeClerkreadthefollowingreport, submitted 

by ~!r. ~fPTO~ January 19, 1882: 

The Committee on Military .A..ffairs, ro whom was referred the bill (S. No. 643) 

fortherelicfofEUenMoore, widow of Allen Moore, deceased, beg leave t~ report : That a full examination of the papers submitted in this case shows the following facts : there is no record of the enlistment of Allen Moore, and his name does not 1\ppear on the muster-roll of Company C, Captain Moffatt, Palmetto Regiment; but 

there is abundant proof adduced ro show that he did serve in that company, and 

that be was mortally wounded at the battle of Churubu co, dying from h1s wounds 

in a few days after the :fight. A synopsis of the testimony under oath establishing these facts is hereby i!Ubmitted. James Lace:y, who was acting a. body-servant to Lieutenant-Colonel Dickinson, Palmetto Regtment, testifies that he knew Moore for many years prior to the Mexican war; that he knew that he was a member of 

Captain Moffatt s company; th~tt 11 he saw said Allen Moore just after the bat~ 

of Churubusco in a dyin~condition, the result of wounds received in that battle. 

and that in a day or two thereafter be saw the de..'l.d body of said Allen Moore, he 

having died from said wounds r eceived by him while in the c:hsch..'llrge of his duty as a member of said company and rerimcnt." 

Stephen M. Boykin, lieutenant in Bompany A, Palmetto Regi!nent, swears that 

"there was a private in Captain Moffatt s company (C) of sa1d regiment by the name of Moore." Benjamin F . Speay swears 1 1 that he was a member of Captain Moffatt's company, (C,) Palmetto Regiment, Mexican wu; * * * that he knew 

Allen Moore, the husband of the above-named Elleu Moore ; that he was a private 

in the same comp:my with rleponent; * * * he diu not ee Allen Moore after 

the battle of Churubusco, and the general report of his death in the line of hi'lduty be bas not a doubt iii entirely true." Henry Mevely, a private in the regiment, testifies that he knew Allen Moore well, '1Dd knows that he was mustered into 

service in Captain Moffatt's company in Charlesron; that be was wounded at Churubusco or Contreras, and that bo never was with the regiment afterward. 

Zachariah Cantey testifies "that be wns a member of the Palmetto Regiment in 

the Mexican war, he having loft homo as a member of Captain Moffatt's company, 

and subsequently appointeu color-sergeant of said regiment ; that Allen Moore was a member of said compllny." R'\DSom L. Logan swears 11 that b e was a mem- ber of Capt.ain Moffatt's company, Palmetto Regiment ; that Alleu Moore, the husband of the above-named Ellen Moore, was a private in said company ; * * * 

that deponent saw him as he was borne from the battle-field of Churubus co mor- tally wounded." James J. Villepigne, another member of Moffatt's company, te . 

tifies to the fact th..'tt Moore belonged to the s.'Ulle company. There were man y other affidavits to the same general effect before the committee, and they are among the papers accompanying this report, but are not quoted, as the evidence given is deemed sufficient to prove Moore's service and death. Three affidavits 

have been lost or misl..'lid, among them one from John Graham, who saw Moore buried. 

Joseph B. Kershaw, a lieutenant in the Palmetto Regiment, subsequently a major-general in the confederate service, and now one of the circuit judges of South 

Caroliria., in his testimony, speaks of Moore" as a member of the Palmetto Regiment," and says that "he knew personally and well the men who made affidavit in 

support of said application; that they were and are men of the highest character 

and veracity, and as such entitled to full faith and credit, and that he has entire 

confidence in the meritandjustica of saidclaint." The evidence submitted proves conclusively that Allen Moore served as a private in the Palmetto Regiment. and 

that he wa~ killed at Churubusco. The only flaw in the claim of his widow for a pension arises from the fact that her husband's name has not been found on the 

muster-roll of his company· but this fact should not bar her ju~t and equitable claim to the pittance earned by her husband's death. He gave 'his life to h1s coun- try on one of its bloodiest and most glorious battle-fields, and she now, at the advanced age of seventy-five years, will be forced, should her petition be declined. to seek r efUge in the poor-house of the county in which her husband left her when 

he volunteered to defend the honor of his country. Your committee recommend the passage of the bill without amendment. 

~!r. INGALLS. I ask the Senator who reported this bill whether 

its purpose was to do anything more than to enable the widow of the 

soldier named to obtain a pension after the passage of the act'? 

l\lr. HA1tfPTON. That was the object of it. 

l\fr. INGALLS. Then I would suggest to the Senator, inasmuch a other consequences might ensue from the passage of this bill, and as it establishes a precedent that might perhaps be dangerom~, that 

the bill be amended by striking ont all after the enacting clause and 

inserting : 

That the Secretary of the Interior be authorized ro inscribe upon the pensionroll the .name of Ellen Moore, widow of .Allen Moore, and pay her a penswn from 

and after the passage of this act. 

:Mr. HA1tfPTON. I should be perfectly willing to accept that 

amendment, for the only object of the bill was to enable this woman to apply for a pension. This bill does not give her a pension, but 

the facts of the case are that her husband was a member of the Palmetto Regiment; that in the lapse of time his name is not to be found on the roll, bnt the testimony before the committee was overwhelm- in~ that he was a member of the regiment, that he bad been ~ularly mustered in, that he was killed at Cherubusco, and when his 

widow applied for a pension she was met by the fact that his name not appearing on the roll, the Pension Office could not consider the case. The testimony was conclusive) and I wish to state to the Senate that since this report was sent m I have received a letter from 

the county in which she is living, saying that this poor old woman has now made application to be admitted into the poorhouse. If th(} 
1882. CONGRESSIONAL RECORD-SENATE. 1579 

amendment suggested by the Senator from Kansas will meet the case I am perfectly willing to accept it, the object of the bill being 

to enable Mrs. Moore to obtain a pension. 

Mr. INGALLS. Upon the statement of the Senator that the facts 

set forth in the report were satisfactorily established, there can be no doubt ofthe propriety of the adoption of my amendment, which 

I ask may be read by the Secreta,ry. 

'fhe PRESIDENT p1·o tempore. The amendment will be reported. 

Tbe PRI~CIPAL LEGISLATIVE CLERK. It is proposed to strike out 

all after the enacting clause and insert: 

That the Secretary of the Interior be authorized to inscribe on the pension-roll 

the name of Ellen Moore, widow of Allan Moore of Company C, Palmetto Regiment, South Ca.rolina. Volunteers, Mexican war, and pay her a pension from and 

after the passage of this act, at the rate of $8 per month. 

The amendment was agreed to. 

Mr. HAMPTON. Do I understand the Senator by his amendment 

proposes that the pension be paid only from the passage of the act f 

:Mr. INGALLS. Yes, sir. 

l\1r. HAMPTON. If she is entitled to a pension she certainly should 

have it from the time of the death of the soldier. 

Mr. INGALLS. If that is the desire of the Senator, I shall cer- tainly withdraw my amendment. 

Mr. HAMPTON. Very well; I suppose I must take it as it is. 

The bill was reported to the Senate as amended; and the amendment was concurred in. 

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

third time, and passed. 

SPEXCER Al\"D 1\ffiAD. 

The bill (S. No. 412) for the reJief of Joab Spencer and James R. 

Mead was considered as in Committee of the Whole. It proposes to 

require the Secretary of the Interior to pay to Joa.b Spencer and 

James R. Mead, late of the firm of Spencer & Mead, whatever sum, 

if any, he ma.y find due~ not exceeding $7,509.83, out of any money 

due and owing, or that may at any time hereafter become due and 

owing, the Kansa-s tribe of Indians, in the State of Kansas, from the 

proceeds arising from the sale of lands owned by that tribe in Kansas, in full compensation for the goods and provisions furnished 

those Indians by Spencer & Mead during the years 1866 and 1867. 

.Mr. COCKRELL. Is there any report in that ca-se f 

Mr. COKE. There is a report, and I ask that it be read. 

l\fr. ING.ALLS. The reading of that report will consume more than 

the time remaining of the morning hour, and if the Senator will permit me to make a very brief statement, it is possible he may be willing tO' allow the bill to pass with the printing of the report in the 

RECORD. 

Mr. COKE. Certainly. 

Mr. INGALLS. These parties, James R. Mead and Joab Spencer, 

furnished certain supplies to the Kansas tribe of Indians in the winter of 1836-'67. Their account bas been submitted to the Secretary 

of the Interior and to the Commissioner of Indian Affairs, and a bill 

for their relief has twice passed Congress in one House or the other. 

It was once pa-ssed by both Houses and went to the President, who 

vetoed it upon the ground not thattheaccount wasunjnst, but that 

the amount named in the bill that came before him was larger than 

it should be, and contained some items that ought not to have been 

allowed. In pursuance of his recommendation the bill again went 

before the committee, was submitted to the Commissioner of Indian 

Affairs and the Secretary of the Interior, the objectionable items were stricken out and the account tha.t is now presented has the 

approval of the Commissioner of Indian .Affairs, the Secretary of 

the Interior, the agent of the Indians, the Indians themselves as expressed repeatedly in opeu council, and is to be paid not out of the 

Treasury but out of ftmds that may be received hereafter from the 

sale of certain lands of theirs now lying in the State ef Kansas. 

:Mr. SHERMAN. \Vhat is the amount f 

Mr. INGALLS. The amount is $7,509.83. 

The bill was reported to the Senate without amendment, ordered 

to be engrossed for a third reading, read the third time, and passed. 

l\Ir. L~GALLS. If desired the roport may be printed in the REcORD. 

The PRESIDENT pro tempore. The report will be printed in the 

RECORD. 

The report is as follows: 

The Conunittee on Indian Affairs, to whom was referred Senate bill No. 4-12, for 

the relief of Joab Spencer and James R. Mead, for SUJ!plies furnished the Kansas tlibe of Inclians, beg leave, after full consideration ot the fact-s and testimony in 

the case, which are clearly set forth in R~port No. 72, Forty-sixth Congress, third 

session, of tho Committee on Indian Affairs of the House, which report is here- nuto annexed and adopted as the report of the Committee on Inilia,n Affairs of the 

Senate, to r eport the bill back favorably, and recommend its passage. 

[H. R. Report No. 72, l!'orty-sixth Congress, third session.] 

:Mr. HASKULL, from the Committee on Indian Affairs, submitted the following 

report, to accompany bill H. R. 6854: 

The Committee on Indian Affairs, to whom was referred the claim for tJ1e re- lief of J oab Spencer aml James R. Mead. for supplies furnished the Kansa-s tribe 

of Indians, respectfully submit the following report: 

On the l::!th of March, 1878, Mr. Beebe, from this committee, reported as follows:· "T.llis claim wns carefully considered during the last two Congresses. On Feb- rnary ·\ 1874, Hon. D.P. Lowe, theu a member of the House Committee on Indian A tlh.irs,

1 iu behalf of his said committee, submitt-ed the following report: "'Jc.. ab Spencer and .Tames R . .Mead were authorized Indian traders mth the Kansas :.:mlians, and in 1866 an<ll867 furnish eel to the Indians of the tribe the provisions anrl goods for which payment is sought. An itemized and verified account of the articles accompanies the claim and proofs. It appears that the articles were fum] shed in the years 1866 and 1867 ; that the annual hunt ef the tribe in the fall 

of 1866 was entirely unsuccessful, owing principally to the hostility of Cheyenne 

Indians, and the tribe were compelled to resort t.o unusual purchases, which could not be met by their ordinary annuities. The payment of the claim in the sum of 

$7,509.8.1, with interest, is a ked for by the Indians in a. petition of it.<~ chiefs and 

headmen. E. S. Stover, the agent of the tribe, in a report to Thomas Murphy, 

superintendent of Indian affairs, of November 15, 1867, Rpeaking of the accounts, says: "I have also examined and am satisfied of their correctness, and that they 

should be paid. The Indians also acknowledge the correctness of the claim, and 

request the Government to pay it out of any moneys except their regular annuities." 

"'Thomas Mnrpby, superint~ndent of Indian affairs, in a communication to the 

Commissioner of Indian Affairs. says : "I believe the account of Spencer & Mead to be correct and just * * * nnd respectfully refer the matter to the Department, with the recommendation that the account be paid out of any funds applicable for that purpose." " 'The Commissioner of In eli an Affairs, in a report upon the case, says : ''From 

the papers presented in the claim, I am satisfied that the articles named in the account were actually furnished, and that the claimants, Messrs. Spencer & Mead, 

have a.jnst claim for the amount thereof, and should be paid." " ' The Committee are of the opinion that the correctness and justice of the ac- oount are fully established by unquestionable proofs, and that payment should be 

made as provided in the bill. It appears that the lands in Kansas reserved for 

these Indians., being oV"er 117,000 acres, are being sold for their benefit under an act of Congress of 1872, fl'Om which an ample fund will be derived for the subsis- tence and civilization of these Indians, and to pay all their obligations ; and the 

effect of this bill will be to enable payment to be made of this claim out of t.he 

funds of the Indians, and as requested by themselYes. '' 'The committee recommend that the bill do J?a.BS.' 

b:;fili~Jio~s~ !~~-!:,~ ~ongress a bill, of which the following is a copy, passed 

"'Be it enacted by the Senate and House of Repre8entatives of the United State8 f>j 

A m~rica in C()11{!Te8S assembled, That the Secretary of the Interior be, and he is 

hereby, a.utborized and required to pay, or cause t-o be paid, to Joab Spencer and James R. Mead, lute the fum of Spencer & Mead, the sum of $7,509.83, and interest on said sum at the rateof7 per cent. per annum from the 6th day of August, 1867, 

until paid, out of any money now due and owing, or that may at any time hereafter 

become due and owing, the kansas tribe of Indians in the State of Kansas, from the 

proceeds arising from the sale oflands owned by said tribe of Indians in the St.ate 

of Kansas, in full compensation for the goods and provisions furnished said Indi- ans by said Spencer & Mead during the years 1866 and 1867. 

"·Passed the House of RepresentatJ.ves Febru..'\ry 27, 1874. "' Att~st: • "'EDWARD McPHERSON, Olerk.' 

"The foregoing bill failed to become a law in consequence of the President's 

returning it without his approval, for the reasons stated in his message, of which 

the following is a copy: 

'' ' 'l'o the H01UJe of Representative8: 

'' ·I return herewith, without my signature, a bill (H. R. No. 1331) entitled '

1 An act for the relief of J oab Spencer and J amos R. Mead, for supplies fum] shed the Kansas tribe of Indians. 

" 'I withhold my approval of said bill for reasons which satisfy me that the claim 

should not be allowed for the entire amount stated in the bill, and which are set forth in the letter of the Acting Secretary of the Interior, dated the 7th instant, a 

copy of which, with its accompanying p!l.pors, is herewith ~~.s-£r.t~~dGR.ANT. 

"'EXECUTIVE MA.'\SIO~, May 12, 18'74. 

" 'DEPARTJ\IENT OF THE INTERIOR, "' Washington, D. C., May 7, 1874. 

'' ' Srn: I have the honor to return herewith engro11sed bill H. R. No. 1331, entitled "An act for the relief of Joab Spencer and JamosR. Mead, for supplies furn]shed 

the Kansas tribe of Indians," and to state that said bill was the subject of a report 

mado to the DoJ?artment by the Commissioner of Indian Affairs on the 11th 

Ultimo, with wh1ch he submitted letters from Enoch Hoag, superintendent of 

Indian n.fiairs, and Mahlon Stubbs, Indian agent, representing that the justness 

and correctness of the claim of Spencer & Mead had not been established, and su.g- ~esting that further proceeding in the premises be £leferred until a thorougu 

mvestigation of the facts and circumstances of the ca-se could be had. " ' The su~gestion of the Indian agent received the concun-ence of the Commissioner of Inaian A.ffairs and the approval of this Department, and on the 17th 

ultimo the attention of Congress wa.s invited to the subject in a letter addressed to tho Speaker of the House of Representatives by the Secretary of the Interior. At 

the latter date the bill appears to have been pending in the Senate, of which fact 

this Department at that time was not informed. 

fr~~ ~h~ ~e;e~u~!!ao~~~~f{~;~~~~k~~Rili! c~~';~~e;re~'fe1nbl:fA'ff~~ for a. fmther report on the subject, and on the 6th instant that officer returned said 

bill to this Deparbnent, with a letter presenting his views in relation to tht>matter, 

and su""gesting that the rights of the Indians and of Messrs. Spencer & Mead 

would 'i.',e fully protected by a modification of the bill authorizing the Secretary of 

the Interior to pay such amount of their claim as Illight be found to be due. The 

suggestion meets the approval of this Department. 1

' 'Copies of the papers oonnected with this claim are herewith submitted. " 1 I have the honor to be, very res:p,ectfnlly, your ob~nt servant, 

''B. R. COWEN, Acting Secretaii"'J. " 1 The PRESIDEXT. 

" 'DKP ARTJI1E1.<'T OF THE INTERIOR, 

"'OFFICE OF L'fl>IAN AFFAlllS, " ' Washington, D . C., Aprilll, 1874. 

" 'Sm: I have the honor to invite your attention to the inclosed bill (H. R. No. 1331) " for the relief of J oab Spencer and James R. Mead, for supplies furnish en the Kansas tribe of Indi'l.ns," by which it is proposed to authorize the payment of their 

claim against said tribe, amountinci to $7,509.83, with intere.<~t. 

" 'I also present, in connection with the above, a letter from Superintendent Hoa~ of the 2d instant, inclosing a report from the agent having immediate charge 

of sa1d Indians, Mr. Mahlon Stubbs, by which it will appear that the justness aad correctness of said claim haV"e not been established. " 'The agent's suggestion that further proceedings in the premises be deferred 

until a thorough investigation of the facts and circumstances of the case can be 

had is concun-ed in by this office. " 1 Very respectfulfy, your obedient. servant, 

" 'EDWARD P. S:IDTH, Oommis8ioner. " ' Hon. SECRETARY OF THE L'iTEil.IOR. 

II I DEPARTMENT OF THE lNTEl!IOR, 

" 1 Washington, D. 0., .Aprill7, 1874. 

"'SIR: A bill (R.R.No.1331) "for the relief of JoabSpencerandJamesR.M.ead, 

for supplies furnished the Kansas tribe of Indians," is now pending before Con· 
1580 CONGRESSIONAL RECORD-SENATE. MARCH 3, 

gress. which requires the Secretary of the Interior to pay, or canse to be paid, to saitl parties the sum of $7,509.8.'!, and interest on said sum at the rateof7 percent. 

per annum from the Gth day of August, 1867, until paid, out of any money now due or owinu, or that may at any time hereafter become due and owing, the Kansas tribe of fudians, in the State of Kansas, from the proceeds arisin~ from the sale of 

lands owned by the said tribe of Indians in said State of Kansas, m full compensation for the goods and provisions furnished said Indians by said Spencer & Mead 

durin« the ~years18G6 and1867. " 'f ha•e the honor t{) transmit herewith, in relation to the subject, a copy of a letter dated the 11th instant, with accompanying papers, being copy of a letter 

dated the 2d instant from Enoch Hoag, superintendent of Indian affaire, and report of Mahlon Stubbs, the agent having charge of the Kansas Indians, from which it 

appears that the justness and correctness of the claim of Spencer & Mead have not been esta.blished. 

" ' The suggestion of the agent, concurred in by the Commissioner of Indian 

Affairs, that further proceedin~s in the premises be snspended until a thorough inve..,tigation of the facts a.nd crrcumstances of the case can be had, meets the ap· 

proval of this Department, and the attention of Congress is respectfully invited to the subject. '''Very respectfully, your obedient servant, 

" 'C. DELANO, SecretanJ. " 'The Sl'EAKER of the House of Representatives. 

"'DKPARTMENT OF THE INTERIOR, 

"'OFFICE OF INDIAN AFFAIRS, 

" 'Washington, D. 0., May 6, 1874. 

'' ' Sm: I have the honor to invite your attention to the inclosed bill of J oab Spen- cer and James R. Mead, providing that the sum of $7,509.83, and interest at 7 per 

cent., be paid to Spencer & Mead out of the fund belonging to the Kansas tribe of 

India.ns, for goods famished by said Spencer & Mead, and also to invite attention to the inclosed correspondence between this office and Superintendent Hoag and 

Agent Stubbs. While the bill was pending in Congress, Agent Stubbs's atten- tion wa-s called to it by Superintendent Hoag, and in reply he states his reasons why action provided in the bill should not be taken until further investigation is 

made as to the correctness of the claim against the tribe. From the statement of 

Agent Stubbs there seems to be considerable doubt as to the entire correctness ann justness of this bill; and while there is no question but that there may be indebtedness on the part of the Indians to this firm, the amount of such indebtedness 

should not be fixed in this summary manner. '' 'If the bill can be so modified as to allow the Secretary of the Interior to pa.y such amount thereof as may be found due, it is believed that the rights of both 

the Indians and traders will be fully prot~cted. 

" 'Very respectfully, your obedient servant, 

"'EDWARD P. SMITH, Oom1nissioner. 

" 'Hon. SECRETARY OF THE INTERIOR.' 

"Upon too receipt of the above-mentioned message of the President, the claim was again refeiTed to the Committee on lndi..'Ul Afl'aiis, which instructed Mr. Lowe to make the following report: 

"'The Committee on Indian .Affairs, to whom was referred the message from the 

President of the United States, returning, without his appro•al, the bill (H. R. 1331) 

for the relief of J oab Spencer and James R. Mead, for supplies furnished the Kan- sas tiibe of Indians, submit the following report: 

" 'The messaae of the President gives the following as his reason for returning 

the bill: " I witE.old my approval of said bill for reasons which satisfy me that the 

claim ~;houlu not be allowed for the entire amount stated in the bill, and which are set forth in the letter of the Acting Secretary of the Interior, dated 7th instant, a copy of which, with its accompanying papers, is herewith transmitted." 

" 'From the papers accompanying the President's message it appears that, from 

commtmications made to the Secretary of the Interior subsequent to the pa. sage 

of the bill through the House, doubt in his mind was thrown upon the correctness of some of the items of the original claim in respect to which relief was sought, and 

the Acting Secretary, in his communication to the President, suggests" that the 

1·ights of the Indians and of Messrs. Spencer & Mead would be fully protected by a modification of the bill authorizing the Sem·etary of the Intexior to pay such amormt of their claim as might be found to be due." For the nature of the original 

claim, and the evidence upon which it is founded, your committee refer t.O t.he 

former report upon said bill by this committee, being Honse Report No. 93 of the 

present session. It appears that the claim had been approved by the chiefs and 

l1ea<lmen of the tribe, by the a,\!ent of the tribe, by the superintendent of the super- intendency '"ithin which the tribe was, by the Commi,.sioner of Indian .Affairs, and by the Secretary of the Interior. Your committee, believing that the claim is 

;mbRtantially just, believe that the rights of the claimants and the Indians will be ~<ecured by leaving the amount due upon the original account to be determined by 

the Secretary of the Interior upon the evidence and any further facts that. may be 

Rhown; and they therefore recommend the passage of the accompanving bill as a substitute for ilie former bill, authorizing the Secretary to pay out of the proper tiibal fund to the claimants such amount as may be found due, with interest.' 

"The following is a copy of the bill thereupon reported by the committee: "'Be it enacted lAJ the Senate and HoU&e of Representatives o.f the Unite-d States of 

America, in Congress assembled, That the Secretary of the Interior be, and he is 

l1erehy, authorized and required topa.y, or cause to be paid, to Joab Spencer and James R. Mead, late the firm of Spencer & Mead. whatever sum be may find due, 

ilOt excee<ling the SlUU Of $7,509.83, and interest On Saifl Sum at the rate of 7 per cent. per annum from the 6th day of August, 1867, until paid, out of any money 

duo and owing, or that may at any time hereafter be.come due and owing, the Kansas tribe of Indians in the State of Kansas from the proceeds arising from the 

sn.le of lands owned by said tribe of Indi:ms in said State of Kansas, in full com- penRation for the e:oods and provisions furnished said Indians by aaid Spencer & 

1\lead during the years 1866 aml1867.' 

"The foregoing bill was on the Honse Calendar at the close of the then session 

of Congress, but was not reached for any action. In this condition t}j.s claim was reintroduced during the Forty-fourth Congress. Enoch Hoag, superintendent of 

lmlhm affairs, meantime sent to the Commissioner of Indian A.ffairs an important communication, of which the following is a copy: 

"'OFFICE OF IXDIAN AFFAIRS, CE~.AL SL'PERP.ITE!\'D~CY, 

" 'Lawrence, Kansas, T11Jelfthmonth 21, 1875. 

'' 'Hon. J. Q. SliiTH, Commissioner: 

'' 'I invite attention to a claim of Spencer & Mead, as indicated in printed report 

of the Committee on Indian Affairs, No. 93, accompanying Honse bill No. 1331 

}'orty-third Congress, first session. Said report refers clearly to all the necessacy 

pnpers bearin~ upon the claim ; embracing the indorsements of ex-Superintendent Thomas 1\lurpny, ex-Agents Stover and Farnsworth, and the Indians. I recom- mend that Conpess be asked to make provision to pay to the claimants such amount as the :::;ecretary of the Interior may find to be justly due. · '' ' Very respectfully, 

"'ENOCH HOAG 

"'Superintendent Indian Ajf~i1·s.' 

"On the 7th of July, 1876, Mr. Boone, from the House Committee on Indian 

A.fthirs, by the direction of that committee, submitted a report upon this claim 

which, after setting forth the foregoing facts, concluded as follows: ' 

'' ' Y ~ur committee find the facts in this case correctly stated in the two foregoil!;;: 

committee reports, made during last Congress, and as Messrs. Spencer & Mead arl} 

willing to resubmit their claim for the reinvestigation of the Secretary of the In- terior, and as this action has been recommended by the late Commissioner of Indian 

Affairs and the Secreta-ry of the Interior, and the present superintendent of Indian 

affairs, having charge of the Kansas tribe of Indians, and the payment of this claim will not take any money out of the United States Treasury, and as the said Kansas tribe of Indians have asked to have their above-mentioned indebtedness 

paid, with interest, out of their own money, your committee therefore recommend 

the pa.,.sage of the accompanying bill, authorizing the Secretary of the Interior to pay, out of the proper tribal fund, to the claimants such amount as he may find 

due with interest.' 

''The present bill is identical with the one last above referred to, and after a careful examination of all the facts we fully cdncur with the conclusions reached 

by the committee of the last House. We, therefore, report this bill back to the 

Honse, and respectfully recommend it~ passage." Your committee find the fa.cts in this case correctly stated in the foregoing 

committee reports, and after a careful examination of all the facts fully concur with 

conclusions reached by former committees of the Honse, with certain amendments 

noted on the bill. 

LICENSE FEES OF STEAM-VESSEL OFFICERS. 

The next bill on the Calendar was the bill (S. No. 383) to amend 

section4458 of the Revised Statutes, relating to license fees of officers 

of steam-vessels, which was considered as in Committee of the \Vbole. 

Mr. COCKRELL. I should like to know in what respect that 

changes the existing law, and what the necessity is for the change f 

Mr. :McMILLAN. It reduces the license of the officers mentioned 

therein from $5 to fifty cents. There is acc(')mpanyin~ the .bill a letter from the Treasury Department, which I ask the ~ecretary to 

read. 

The PRESIDENT pro tempore. The letter will be sent for; it is in 

the Secretary's office. There is no report with the bill. 

Mr. COCKRELL. I do not ask for the reading of-the letter. 

The bill wn.s reported to the Senate without amendment; ordered 

to be engrossed for a third reading, r~ad the third time, and passed. 

HOUSE BILLS REFERRED. 

The bill (H. R. No. 4185) makin~ appropriations for the current 

and contingent expenses of the Indian Department, and for fulillling 

treaty stipulations with various Indian tribes, for the year ending 

June 30, 1&33, and for other purposes, was read twice by its title, and 

referred to the Committee on Appropriations. 

The bill (H. R. No. 428:3) for the relief of Susan Marshall :Massie was read twice by its tiUe, and refened to the Committee on Pensions. 

STATUE OF CHIEF-JUSTICE MARSHALL. 

The PRESIDENT pro tempore. The hour of half past one having 

arrived, the Chair lays before the Senate the unfinished business, on which the Senator from California [Mr. FARLEY] is entitled to the 

floor. . Mr. SHERMAN. I ask the Senator frotn California to yiela. to me to ca.ll up a bill to provide for the erection of a statue to Chief-Justice Marshall, which, if it excites a word of debate or a single objection, I shall allow to be passed over. I should like to have it acted on now. It will take but a moment's time, I thiuk. 

Mr. FARLEY. I will say to the honorable Senator from Ohio that 

my colleague, anum ber of other Senators and myself are very anxioub 

to have the Chinese bill disposed of to-day, if possible. 

Mr. SHERMAN. If this takes more than a minute I will not insist. 

Mr. FARLEY. Then I accept the Senator's proposition. 

The PRESIDENT pro tempore. The unfinished business will be 

laid aside temporarily for the consideration of the bill called up by 

the Senator from Ohio. . Mr. SHERMAN. There is a desire to have this statue set on foot 

at once. The bill is reported unanimously by the Committee on the 

Library. It was introduced by the Senator frorp. Virginia, [Mr. 

JoHXSTON,] and I am sure there will be .no objection. If there is, 1 

shall not ask for the delay of the regular order. 

l:Sy unanimous consent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill (S. No. 578) to authorize the erection 

of a statue of Chief-Justice Marshall. 

The bill was reported from thA Committee on the Library with nn amendment to strike out all after the enacting clause and insert: 

'.rhat the President of the Senate and the Speaker of the Honse of Representa- tives do appoint a joint committee of three Senators and three Representativeu with authority to contract for and erect a statue to the memory of Chief-Justico 

John Marshall, formerly of the Supreme Court of the United States; that said statu1~ 

shall be placed in a suitable public reservation, to be desi~ated by said joint com- mittee, in the city of Washington; and for said purpose tne sum of $20,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the 

Treasury not otherwise appropriated. 

The amendment was agreed to. 

The bill wa.s reported to the Senate as amended, and the amendment was concurred in. 

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

third time, and passed. 

DENVER A PORT OF DELIVERY. 

Mr. HILL, of Colorado. TheSenatorfrom California[Mr. FARLEY] 

has kindly consented to allow me a few minutes to call up a bill which came over fi:om the House a day or two ago and is now lying on the 

Secretary's desk. It is House bill No. 2192. 

By unanimous consent, the Senate, as in Committee of the Wh·:.>lf•, 

proceeded to consider the bill (H. R. No. 2192) to establish a pm:t of 

deli very at Denver, in the State of Colorado. : 'l'he bill was reported to the Senate without amendment, or lt>rt'i) 

to a third reading, read the third time, and passed. r 
1882. CONGRESSIONAL RECORD-SEN ATE. 1581. 

The PRESIDENT p1'o tempm·e. There is now on the Calendar a Senate bill on the same subject, being the bill (S. No. 30) to establish a port of delivery at Denver, in the State of Colora.do, which will be 

indefinitely postponecl if there be no objection. 

Mr. HILL, of Colorado. I was about to suggest that that be clone. 

HOUSE BILL REFERRED. 

The bill (H. R. No. 1302) to amend section 4458 of the Revised 

Statutes, relating to license fees of officers of steam-vessels, was read 

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

EXECUTIVE COM..,IU:NICA TIONS. 

The PRESIDENT pro tempm·e laid before the Senate the fvllowing 

message from the President of the United States; which was referred 

to the Committee on Appropriations, and ordered to be printed: 

To the Srm.ate and House of Representatives: 

I transmit herewith a communication from the Secretary of the Interior dated 

the 2d instant, withaooompanying papers, submitting anestimat.e of appropriation 

for the ;payment of expenses of removal of certain Eastern Cherokee Indians to the Indian Territory. 

1.'be subject is presented for the consideration of ~o~ST~R A . ARTHUR. 

EXECU'l'IVE MANSION, March 3, 1882. 

He also laid before the Senate the following message from the President of the United States; which was referred to the Committee on Military Affairs, and ordered to be printed: 

To the Senate and House of Representatives: 

I transmit herewith for the consideration of Congress a communication from the 

Secretary of War, transmitting plans and estimates for the large military post proposed to be constructed at Fort Selden, New Mex:ico.CHESTER A. ARTHUR. 

EXECUTIYE MAxSION, March 3, 1882. . 

OTOE A..l~D 1\flSSOUBIA RESERVATION. 

Mr. VANWYCK. I ask the indulgence of the Senator from California to state that immediately after the vote on the bill on which 

he is entitled to the floor, I shall call up for action and passage the 

bill (S. No. 930) to amend an act entitled" An act to provide for the 

sale of the remainder of the reservation of the Confederated Otoe and 

Missouri a tribes of Indians in the States of Nebraska and Kansas, and 

for other purposes," approved March :l, 1881. 

The PRESIDENT p1·o tempore. The Senate can determine the matter at that time. 

Mr. VANWYCK. I give notice that I shall ask to have the bill 

considered at that time. 

CHINESE L.mfl:GRATION. 

The Senate, as in Committee of the Whole, resumed the considera,-

tion of the bill (S. No. 71) to enforce treaty stipulations relating to 

Chinese, the pending question being on the amendment reported by 

the Committee on Foreign Relations as a substitute for the bill. 

1\lr. FARLEY. Mr. President, I shall detain the Senate but a very 

short time this morning. Were it not for the importance that the 

whole Pa-cific coast attaches to this..measure, I should not trespass 

U{)On the time of the Senate at all; but this question is one that the 

people of the entire Pacific coast feel a deepintere tin having some action taken upon by the Congre s of the United States. As l re- marked yesterday, there is a unanimity of sentiment there that, is 

perhaps unprecedented on any one subject that has ever agitated this or any other country. It is one that strikes at the very foundation 

of what we believe to be the prosperity of the people of that coast. 

Such is the feeling of the people of the States of California, Oregon, 

and Nevada, and the Territories bordering on the Pacific slope. We 

believe that unless some legislative action is had prohibiting the 

further immigration of this class of people our coast will be to a very 

great extent left witho·ut that protection which the Government owes to every portion of the territory of the United States. We ask 

for this legislation also because it is in accordance with the terms of a stipulation in the recent treaty with the Government of China. 

The Government of the United States, as has been properly said by 

the Senator from Massachusetts and others, has guaranteed to every 

State in the Union a republican form of government, ancl in order to · protect the citizens of these States the strong arm of the General Government must be extended there to establish and carry out that right. 

If the immigration of Chinese to the Pacific coast in the numb~rs tlley 

have been coming for the last few years shall continue, those States 

will come to be anything else than republican f01ws of government. 

The strong arm of the law of the State, its constitution, cannot protect us; and hence we appeal to the right that Congress has under the 

present treaty between the two countries. Men and women who 

depend upon theh every-day labor for a living to support their families, to provide a comfortable home or a placet~ sleep and something 

to eat, cannot afford and will not submit to the innovation upon their 

rights by this class flf people. - Some Senat.ors who are opposing this measure tell us that the int.roduction of this class of labor into California ha-s been a benefit to 

that State. To some individuals that may be true; but to the great mass of the people, to the laboring cla ses of the people, t-o the producers of the country, it is not true. It has been a drawback to the 

llest interests of that State. It. has prevented immigrants from other 

countries from finding a home on the Pacific coast. Hundreds and 

hundreds of people you may meet on this side of the mountains who 

inquire why it U. that foreign immigrants are not more nunw1·ous on 

the Pacific coast than they are to-day, and the answer given univer· 

sally is that it is on account of the presence of the Chinese laboring 

class in that region. 

Why, sir, I was somewhat astonished at the honorable Senator 

from Massachusetts th&J other day when he said that the Californians, 

using the expres ion of the lawyer, were estopped from setting up 

any right to oppose the immigration of this class of people there. 

How estopped Y He said that California owed her place in the Union 

to the first great conflict with slavery. It is unfortunate for that 

Senator and unfortunate for his party, if they take the grotmd that 

the admission of California into this Union was caused by the con- flict in reference to the slavery question, or that that agitation could 

have caused her rejection. The language of the Senator was this: 

California, herself owing her place in our Unio-n to the first vict.ory of freedom 

in the great contest with .African slavery, is pledged to repudiate this modern 

heresy. 

California was admitted into the Union in 1850. It is true that 

she was admitted with a constitution that had been adopted with 

great unanimity ?Y ~er delega~s a-ssembled in the c~m!ention that 

tranied ihe constitution, excluding slavery from her limits. A large 

majority of the delegates in that convention were men from Southern 

States, who in looking over the condition of California at the time 

did not believe that her population, that her soil, that the products 

of the country, that the general interests of the coast required the 

institution of slavery to be incorporated in their constitution. They came here and asked for admission with a constitution eRpecially 

prohibiting slavery. It is true that a contest arose in the Congress 

of the United States and that contest brought about what were known as the compromise measures of1850. The great constitutional 

expounde1· of the State which my friend, the honorable Senator from 

Massachusetts, now represents, Mr. Webster, advocated the com- promise mea-sures of 1850 and voted fGr the provisions of that com- promise, for which he brought down upon his head in the State of 

Massachusetts the condemnation of a very large portion of his con- stituents, and they even went so far as to refuse to allow him to address the people in olcl Faneuil Hall, where he had so often spoken 

before. 

Now, sir, I say to that Senator, and to others who take the view of 

this subject he takes, that men who were so clamorous against what was known as . African slavery in the United States, saying that it was demoralizing in its effects, that it was a relic of barbarism, that 

it was preventing the improvement and the advancement of those 

States where it existed, ought not now to sustain Chinese labor in our country. It comes with ba-d grace from gentlemen who took that 

ground in reference to African slavery, to stand np here now and say 

that the Chinese population shall be allowed to inundate the Pacific 

coast, when we all know that they are used as slaves by those who 

bring them to this country, that their labor is for the benefit of those 

who practically own them. 

The great crime of slavery, it was charged, wa-s in preventing 

young men of theN orth and the intelligent men of Emope trom going 

down into the Southern States and finding a home, because they 

could not compete with slave labor. Does Bot that same reason, 

only to a very ~uch greater extent, prevail to-day on the Pacific 

coa-St in reference to the Chinese laborers on that coast f They pretend to be free laborers; but are they f What are known as the Six 

Companies on that coast are those who control the Chinese; who 

make contracts with large contractors to build railroads, to dig 

canals, to undertake general improvements. Some wealthy men, men of great en-terprise, against whom I have nothing personally to 

say, have endeavored to fasten upon the laborin~ cla-sses of that 

coast this incubus under whiub the laboring men nave suffered for 

the last fifteen or twenty years. 

Now, sir, in order to sustain the position I have taken in reference 

to this matter, I will read from the report made by a committee of 

Congress the testimony of a very intelligent gentleman that was taken 

before that committee; and, by the way, I do not see the junior Senator from Massachusetts [Mr. HoAR] in his seat. 

Mr. DAWES. I was just going to suggest to the Senator that my 

colleague was temporarily called away. 

Mr. FARLEY. It makes no difference, as I only propose to read 

from the report of the committee of Congress of which Senator Morton was chairman the report made by Senator Sargent on the part of 

the majority. . Mr. DAWES. I did not suppose the Senator meant anythmg per- sonal to my colleague. Mr. FARLEY. There is nothing personal in my remarks. 

Mr. DAWES. I was not apprehensive that the Senator would be 

personal. I simply desired to call his attention to the fact that my 

colleague was absent, and that, therefore, would explain the absence 

of any reply at this time. 

Mr. FARLEY. I am simply pursuing the line of debate I have 

marked out. 

Ur. DAWES. I wished merely to have it. understood that the ab- sence of a reply to any interrogatories the Senator may put arose from the faot that my colleague was out of the Chamber. That was all. I do not mean by this interruption to intimate that the Senator 

is pursuing any unusual or improper course. 1\fr. FARLEY. In order to sustain the position I take in reference 

to the que~tion of tbA Chinese population on our coa-st being some-
1582 CONGRESSIONAL RECORD-SENATE. }lARCH 3, 

what of a similar character to the slave labor in the Southern States, 

I propose to read from that report the testimony of a very intelligent 

gentleman, and a gentleman who belongs to the same political party 

that my friend from Ma""sachusetts belongs to. I read from the testimony taken before that committee of Mr. Frank M. Pixley, in which, 

to the question being propounded to him by Senator CooperYou illustrat-ed the effect of Chinese immigration by the State of Virginia and 

the immi~tion of the African race. Was the effect there to rednce the civilization of Vrrginia. to the African standard 1 -

}lr. Pixley answere(l: 

No, it was not. 

Q. Why I · th sl I ' v· . . I ill t d rt k t . .A. Because 1t grew ere very ow y m rrgnna. w no nn e a e o give the statistics; bnt, a.s I say, it was nearly a hundred years in growing there as it 

has grown here in ten years. Yon knowhow slow and imperceptible the growth of slavery was; but in the meanwhile the increa e of the white population of Virginia was more rapid than that of California. It ha been a long <listance to get whites out here, and now we bring Chinamen for $12 a piece, and we bring them 

from a hive where there are 400,000,000. 

Q. Suppose yon should treble the population of the infe1ior raee, do yon think the hi~h~r civilization would be brought down, or would the lower civilization be ele- vatea by contact 7 A. I have some peculiar views upon that point. I have an idea that the poorest Mexican who comes here, the most ignorant and illiterate belonging to my race, has the same rights and the same antJiority to become himself a leader. !have no more right to keep him under me than he ha.s to keep me nuder him. I would ele- vate the whole. I would not have a condition of things here as in India. 

That was the testimony of Mr. Pixley, a man of great investigation, a fine lawyer, a man who h:ts been attorney-general of the Stu,te 

of California and United States district attorney under the Republican administration under Mr. Lincoln, and his whole investigation 

of this subject and all the testimony he gave before that committee 

goes to the point I made a moment ago, that it is a similar institutution so far as demoralization is concerned, only more so, in my own private judgment, than was the institution of slavery in any of the 

Southern States. Yet we are met here with an opposition to thi bill 

which, though great in intellectual power, I do not think is very 

great in number. 

Further, in regard to the testimony taken before that committee as to the conflict between the laboring clas es, the white meu and women of that coast. and the Chinese, my immediate predecessor, 

Senator Sargent, who was as anxious upon this subject, who took as deep an interest in the passa~e of a law to prohibit this immigmtion as my colleague and myselt, was a member of that committee, 

and he put this question to a witne s: 

I have here a petition sent to this commission, or a member of it, signed by 1IT.trnine working women. I should like to read you some of the statements in this 

petition, to see if your judgment c:llifers from the statements which I sh::tll read to yon . 

.A. Very well. 

Senator SARGENT. It is as follows: " SA-'\ FRA..'\Cisco, Novemw 15, 1876. 

"We, the undersigned, sewing-women of San Francisco, present this petition to yon in the hope that you will be pleased to forward our views in regard to the 

much-argued question of Chinese labor. 'Ve a.s a. class of respectable and working women are treated by our employers worse tha.n the Chinese, inasmuch as we can- not live by the labor of our hands and compete with the Chinese. Their expenses and habits differ materially from ours, a great many of ns having large families to support, and we cannot stoop to live in sqnaJid and ill-ventilated rooms, where a Chinaman can live in luxury for from twenty-five to thirty cents per day. Manufacturers taking advantage of us, being nn~rotected and therefore at their mercy, place labor so low that it is almost impossible to get a living, even by working at these prices. The prices are as follows :" 

Then they go on and enumerate work upon ladies' apparel: 

"Chemise trimmed handsomely, &c., sixty-five cents per dozen; ladies' wrappers, twenty cents ea.ch, and all other underwear in proportion. "Remember that two-thirds of us are .American women, Clrristi'tDS, and not heathen, and draw some distinction betw~n them and us. "That the Chinese are mining all business (where clecent women and men could 

support their families) by underworking, and thereby letting the manufacturer get all the benefit of it, and our children 1·nnning the streets for want of employment, to be in a little while either dependent on the Magdalen Asylum or the lndnstnal 

School for their education. 

" We therefore ask for your kind co-operation in forwarding this petition, and · holding it ny as a. banner hoisted against white slavery. that our labor mar not be in vain, which it will if not upheld and protected by the laws of civilization, and 

respect for our own people, in preference to Chinese. 

"Yours, respectfully, " The undersigned working women of San Francisco." 

Amounting to fifty-nine in number. 

Such expressions as these are universal in San Francisco and in 

other portions of the State of California. This population has permeated every village and hamlet in the State. You can visit no town in the State but what you find there a Chinese quarter, a Chinese 

population, with a sign up "Laundryin~,'' and si<rns for other work 

which the poor women of the towns and villages had m..'tde a livelihood 

for themselves and their children by following, but who have been 

driven out of that employment by the Chinese. What is to be the 

result f Where are these poor women to go f What are we to do for 

them f Are they not to be protected against this cla s of people f 

Does the honorable Sena,t.or say t.hat our own race and our own people, the white people of the country if you plea e, shall be driven 

out of emplorroent, out of existence, by a heathen nation of people 

who are commg among ns every day, and that no Jaw is to be passed 

to protect our people n:om the innovation 'f 

It may 'Lie humanitarian indeed, but it is humanitarian again t the 

American peopl~ and in favor of a race that we know nothing of, and 

<mght to have : wthing to do with, so far a competing with our own 

people is concerned. 'Jhe humanitarian part of the argument, then, 

falls to the ground. Humanitarian to whom and to what f To the 

Chinese, and not to our own people. Such is the position taken by 

those who oppose legislation upon this subject. 

ltlr. President, I took up much of the time of the Senate yesterday in attempting to answer some of the points or arguments made 

by the junior Senator fromMaS8achusetts, [Mr. HoAR,] whom I now see in his seat. So far a I am concerned individually, as I said before, I have no doubt about the passage of this bill. Our people are to-day and for months past have been holding public meetings 

and demonstrations in favor of the passage of this bill or some legislation that will protectthem from these people. It is a well-known 

fact that the Chinese are not an ignorant clas of people. I do not 

claim that they are. They are very cunning; they are very shrewd. 

They are imitators; they are not inventors. They can imitate anything. As soon as this treaty was entered into between the two 

conutriesMr. HOAR. Will the Senator allow me to a k him if the Chine e did not invent the printing-press, gun-powder, n,nd the mariner's 

compa sf 

Mr. F .ARLEY. In reference to those inventions, perhaps the Senator may be right, but I am speaking of those Chinese who come to 

California. It is not educated Chinese who come to California. 

Mr. JONES, ofNevada. The SenatorfromMa sachusettshasasked 

if Chinamen did not invent gun-powder and the printing-pre s. In 

reply to that, I can say to him that the very best authority denies 

to them the honor of those inventions. The Count de Gobinean, in 

his very able History of the Diversity of the Races, ab olutely lays 

it down, and, I think, conclusively proves that they had nothing to uo with tho e inventions, but stole them from stray Aryan Caucasian 

people who had wandered into their midst. . Mr. HOAR. Will t:!le Senator a{}d to the astonishing piece of information he has given the Senate, who were those marvelous Aryan 

people who wandered down into China and proceeded to invent the 

printing-press and discover the mariner's compa s and invent gunpowder' 

Mr. JO:NES, of Nevada. I do not know that I can state to the 

Senator who the Aryans were, but it is most distinctly shown that 

in the arts the Chinese were constantly supplied with ideas by their 

Aryan neighbors, :tnd they never invented any thing themselves. It 

is a well-known fact that the Chinese have been in a tate of general 

decadence for the last five hundred years. Their pottery their porcelain, and all their other arts are in a very low state compared to 

what we know they were :five hundred years ago. They have been 

constantly deteriorating in arts and manufactures. 

Mr. FARLEY. I desire to make a suggestion to my friend, the honor· 

able Sen:ttor from Massachusetts. I know that he has claimed upon 

this floor and elsewhere to be the devoted and attached friend of the 

colored people of the country. I ask him and all others who are to-day 

advocating the unlimited immigration of Chine e into this country 

what effect it would have upon the colored people of the Southern 

States if Chinamen were to come here and be located throughout the 

various Southern States of the Union where the colored population. 

i largely in the majority, and where it forms the laboring class f 

What effect would it have upon those people to commingle with them 

the Chinese f Would it not have the effect to bring about a confliet 

between the two races f 

It is my judgment, and only my judgment-! do not give it as the 

judgment of anybody else-that the African people, from my knowledge of them, are a superior people to the Chine e in many respects ; 

and I say if you take the Chinese to-day and mix them with the colored people of the South yon will :find there will be a conflict between 

those races that will result in riot and bloodshed, and the laws of 

the country will have to be invoked to protect the interests of one or both races. From the State of California to-day there is immediate 

raihoad connection with Louisiana and Texas, and you can run through in five days; San Francisco is ei~hteen days from China by 

steamer; making twenty-three days as tne time in which Chinese can reach those States; and the States of Texas and Louisiana could 

be filled with a Chinese population in less than three years and give a majority of Chinese in the population of those States, if they are permitted to come here in unlimited numbers. 

To show the shrewdne s of the Chinamen, since the ratification of 

the treaty entered into between the Chinese Government and our own Government, they are continuously semling more Chinamen to 

this country than they had done during the same length of time for 

the previous six or eight years. I know it to be a fact, according to 

the statistics, that since the ratification of the treaty by the Chinese 

Government (I do not say the government it elf as a government is 

the cause of such a large increase of immigration of the Chinese) 

their people have come to this country, to the coast of California, to 

the city of San Francisco, in larger numbers than they had been in 

the habit of coming here before for years and year . Why f Because, 

under the provisions of the treaty entered into in 1881, the Chinamen 

who may be in this country at the time that any legislative action 

maybe had in reference to the prohibitionoftheir further immigra- tion will not be affected by the provisions of the treaty or the law 

that we may pass upon the subject. The Chinamen, knowing that 

fact, the steamers bring six to eight hundred every month. The clamor 

to-day on the Pacific co it is of such a character that my colleague 
1882. CONGRESSIONAL RECORD-SENATE. 1583 

and myself have come to the conclusion that we must do something, 

and that immediately, or else it will perhaps be too late to get the 

relief we expect to get l1y reason of the passa<Te of this bill. They 

have been flocking into the country, and they know, they have been 

advised if they did not know it themselves, that they could not be 

affected by the 11rovisions of any law we mi~ht pass, and that they 

would have a right to come to and go from tnis country as freely as any other people might "do without reference to any law that might 

be passed in the United States. 

Mr. President, I trust there will be no further del:ty in the passage 

of this bill; at least that as short a time as possible will only elapse 

before we can come to a vote upon it. I know that the employment 

of Chinese on our coast hn,s been of advn,nta<Te to some individuals, 

to some enterprises; but "the greatest good to the greatest num- ber" is not the result of their Immigration to that coa-st. I know 

that very respectn,ble men, men of high character, employ Chinamen. 

It is very natural that they should do so because they can get their 

labor at wages from 30 to 40 per cent. lower than they can get the 

labor of white men and white women. For that reason, the white men and white women who a.Te laborers are driven from tl1e employment that has heretofore been the stay for themselves and their 

families. 

We hear a great den,l of sentimental talk about the humanitarian 

idea on this question. I am inclined to be humanitarian toward 

my own people; I am inclined to be humanitarian towl:IJrd the Ameri- can people, those who are native born or Americans by adoption, in 

preference to a class of people who have come here, and in many 

respects have driven some of the white people of this country to the 

commission of crime . Many white people have been driven from 

employment, a.nd they ha.ve found their homes in the lowest slums of 

the country. Why f Because they were servants, a.nd they were driven from employment; a. lon(J" pig-tailed Chinaman was admitted 

into the parlor to attend to the duties that an honest working girl 

had attended to before. These n,re facts that cannot be controverted. 

If the people of the United States, through their Con~x:ess, ::tre not 

disposed to extend to us that protection which we tuink we n,re 

entitled to as citizens, I can only say ti;at we will do as heretofore; we will endeavor to see that the laws are enforced; we will endeavor 

to see that the provisions of the trea.ty under which these persons came here, under which they were permitted to exercise certain rights 

and privileges, shall be observed. California men, who are lawol)serving men, men who believe in the exercise of justice and rigllt 

between a.ll men, will stancl by the law of the country and protect even tho e people who are tl.aily depriving our own citizens of rights 

that we think they are entitled to have. 

I ay to my honorable friend, the Senator from Massachu etts, that 

In any of the better class of people in California are from his own State. 

liany of the best educated people of California are from the State of 

:Massachusetts; many from New England and from New York aml 

Pennsylvania and all the country around have found their homes in 

California. They took upon themselv~s the responsibility ancl the 

great risk of passing from the eastern portion of the country to the 

Pacific Ocean; and when they and their posterity who are to-day 

living in that State :find this kind of population depriving them of privile~es and rights to which they think they a-s .American citizens are ent1tled, n,nd to which they are entitled under the ln,ws of this 

country, they will think it a little hard to find one of the representatives from the noble old Common wealth of 1\IaR ·achusetts standing 

here and opposing any law that will extend to them the protection 

·which they think they are entitled to have. I foronehaveno hesitation in saying that, so far as the workingmen and the laboring interests of the people of this country are concerned, it would be better 

if there was a wall of tire between the United States ttnd China than 

to permit this :flood of immigration to :flow to our shore , which in the 

end will have the effect, in my judgmep.t, to destroy the bedt interests of the people of the entire country. 

Mr. l\f.AXEY. Mr. President, I desire to place on record in a very 

few words the reasons which will control me in supporting the meas- ure now before the Senate. I beg to say that in that vote I am not 

controlled or influenced by any ecstatic sentimentality or n blimated 

philanthropy which would cause me to welcome into this connt1·y 

consecrated to liberty regulated by law, and to Christian civilization, all the people of all climes and colors and of all nationalities, 

including Chinese, and without regard to their adaptability to our institutions and form of government. My views have never extended 

that far, but rather I believed thatIf any provide not for his own, and specially for those of his own house, he hath 

denied the faith, and is worse than an infidel. 

"I love my own country better than any other country, and my own race better than any other race," wa.s the sentiment uttered by Mr. 

Clay, ~tnd it expre es precisely the views I entertain. I welcome 

conlially the Englishman, the Scotchma.n, the Irishman, the Frenchman, the German, ancl men of my own race and color wheresoever 

dispersed around the globe. They come amongu to enjoy the ble sings of free government, and soon become part of us. They make 

valuable additions to the body-politic, but I trust that the refuse and 

dregs of the countless hordes of China will never find a welcome h ere. The Constitution of the United States, in my judgment, never con- templated the bringing of all people of all colors, climes, races, and 

conditions into thi country and making of them citizen . There is 

nothing in the Constitution which willjnstifyin my judgment such a conclusion. The Constitution is the presentation in an orderly and 

compact form of the great principles underlyin~ civil and religious 

liberty which induced the settlementofthecolorues, and which great 

principles, growing with the growth anti strengthening with the 

strength of the colonies, were formulated in the Constitution of the 

United Stat0s. .A. careful examination of that instrrunent iu view of 

the surrounding circumstances at that time, in my judgment, establi he the fact that the only people ever dreamed of to be naturalized citizens of the United States by the framers of the Constitution or by the people of the States which ratified it were people of the 

Cauca ian race. The Constitution of the United States, iu the eigkth section, grants 

to Congress the power to establish a uniform rule of naturalization; 

and in the ninth section it declares thatThe mi~rrati11n or importation of such persons as :tny of the States now existing shall thin~ proper to admit, shall not be prohibited by the CoBgress prior to the 

year 1808, but a tax or duty may he imposed on such unportation, not exceeding $10 for each person. 

Thus it will be seen that the framers of the Constitution drew a distinction between those who were to be naturalized and those who 

might be imported. 

In view of the surroundings, in view of the condition of things at 

the time of the adoption of the Constitution, we must construe it. 

What class of people came here at the time the Constitution was adopted and claimed citizenship in this country f The Caucasian 

race, and no others. Prior to the a"().option of the Constitution there were settled in the colonies which became States and framed the 

Con titntion, Caucasians and Caucasians only; white people and 

white people only. The colored race were not citizens. They were not made citizens by the framers of the Constitution, and never be- came citizens until the adoption of the fourteenth amendment. When 

the Constitution was adopted there were no people of the Mongolian race coming to this country,:1Ild no one who framed the Constitution or voted for its adoption ever dreamed of incorporating people of the 

Mongolian race into our civilization. The preamble of the Constitution recites thatWe, the people of the United States, in order to form amoreperfectUnion, establish justice, insure domestic tranquillity, :provide for the common defense, promote 

the general welfare, and ~ecure the blessmgs of liberty to ourselves and our posteiity, do ordain and establish this Constitution for the United States of America. 

Does any man believe that the men who framed the Constitution ever for a. moment thought of mingling the blood of the Caucasian race with any other race and call that their posterity! The "posterity" which was meant in that Constitution was the pure, unmixed 

Canca ian race. Circumstances-and it is not necessary in this con- nection to give the reasons why-forced into citizenship the colored race. But they were born here among our own people; they were within our limit; they were under the control of our laws and they 

had to be provided for. But the Mongolian race are not of our housebold; they are not of our people ; nor is there any thing in the Constitution which would demand or require us to provide for them 

by opening out and extending the benefits of this Government to 

that clas of people. It was never so designed; it was never so intended. 

Every word which is referred to by Jefferson and by a.ll the other 

great lights in respect to inviting the oppressed of fereign natio:as 

to this country referred, and referred alone to the Caucasian race- to whit.e people, to those who could come here and become assimilated with our people and amalgamated with them, and become 

'' bone of our bone and :flesh of our :flesh;" and their posterity would 

be pure and unmixed Ca.ncasian, the same as those who made the 

Constitution. That~ in my judgment, is the meaning of it, clearly, 

unmistakably, the meaning of the Constitution. 

Mr. President, the Mongolian race has a civilization wholly and 

essentially distinct. Is it the enlightened and intelligent of that 

people who come here and settle in our midstf No, sir; of all the 

450,000,000 people of China it is the lower strata, the very dregs of 

that population, that are spewed out upon the Pacific slope, to move among our people but not be of them. 

Let them come into our country at will, and without restriction as to numbers; let them scatter out from San Francisco to every nook 

and corner of the land to which they may see fit to go, and it is just as certain as that water flows down stream that in the progress of 

time they will become citizens, they will become voters, and they 

,vill mingle in and constitute a part and parcel of the sovereign 

people who control our governments, State and national; and should a dominating element as to numbers from that ex.haustle s human 

hive of China become citizens this country is destroyed. 1\.Iy judgment is that every untempered brick that is worked into the political 

edifice weakens the edifice to tbat extent. We can afford to work no more brick without straw into the political building. We have had 

the colored race made citizens and voters. They were here ; they 

had to be provided for; and they have been provided for by our civilmation; but the .Anglo-Saxon race, powerful in individuality, strong 

in numbers and in intelligence, was able to bear that. But these 

Mongolia.ns are aliens to our civilization, aliens in blood, aliens in 

faith, and clogs to the free movement of the wbeels of Christian civilization and enligbtened progress. Let the Mongolian race come here limitless in numbern (because they are as numerolliil in. th@ir 
1584 CONGRESSIONAL RECORD-SENATE. MARcH 3, 

country almo t a.s the sands on the sea shore) and you place such a clog on the wheel of progress as will in time stop it altogether. 

There is to-day direct railway cormection between the State of 

Texas and the Pacific slope. A few days will carry a Chinaman or anybody else from San Francisco out into Texas. The white man and the colored man there to-day are getting along peaeeably and 

harmoniously. Gradually the colored men are improving their con- dition and are endeavorin~ to educate their children and start them 

ont in life bett-er equipped. for the struggle than themselves. I do 

not pretend to be the special champion of the colored man, but I do 

claim that my position toward the colored man on this question is 

better supported, more philosophical, and more in his interest ancl 

that of his offspring than those of any man whose policy would fill 

that country where most colored people live with the Chinese, with 

their Joss gods, their superstitious, their opium, their filth, their 

gambling, ana all their other vices. No friend of the colored man who thoroughly comprehends the situation would wish to empty the 

Chinese refuse population upon the Southern States. The effect of it 

would be twofold: first, that you would get a bad population there, 

and second, that you will have grievously injured that colored population which is already there. 

The colored man is naturally superstitious, and how far h e might 

be carried away from Christian civilization after the Joss god of the 

Chinaman no one can tell. That he would be liable to fall into his 

vicious habits is greatly to be feared. 

Do not let those colored men be brought in contact with these 

Chinese people. It will not do. Let them be alone with us. We are trying to build them up. \Ve have chools there; we give them all 

the benefits of the schools which onr own peeple get. Our com~titution compels, andrightfully and properly compels, afairaudequitable 

distribution of the school money for the benefit of the colored children and the white children alike. That is right; they are there. I 

believe in helping the colored man, not because I claim to be so peculiarly a colored man's friend, but I am a friend ofmy own people; 

and the more the colored man is improved, the better the colorodman 

becomes, the better for my own race as well as the better for him. 

I oppose 1his Chinese immigration, so far as Texas is concerned, 

first, because they do not come here to become citizens, and if they 

did, they are unfit material; second, it is the lower and degraded 

class of that population which does come; third, they bring every 

character of vice, degradation, and a pagan religion along with them 

to poison the minds of those less intelligent of our people with whom 

they would be brought in direct contact-the colored race-and it 

would be injurious in every sense of the word to the people among 

whom I live; and as a citizen of the United States I oppose his immigration or importation, because it is the addition of a most vicious 

element, and therefore hurtful to all. 

Taking this view of the question, Mr. President, I have no hesitation in saying that I shall support the measure under consideration, 

being perfectly satisfied from the concurrent testimony of Senators 

from the Pacific States, re-enforced by that of Representatives in the 

other House, and the almost undivided sen tim en t of the people there, a-s shown by their recorded vote, that the Chinese element is bad, 

altogether vicious, and that we can uo far better without it than 

with it. 

1\fr. SAULSBURY. Mr. President, I only desire to occupy a very 

few moments in discussing the subject under consideration. The 

bill proposes to limit the immigration of the Chinese population to 

this country, and establish a re~ulation on that subject that has not 

been applied to the people of otner countries. It seems to me therefore that thtil reasons for the application of the proposed law to the 

Chinese people ought to be such as to justify the measure, gtherwise we ought not to adopt it. 

I have listened to this debate and have read some of the testimony 

in the reports that have been made from time to time upon the subject; but the, conclusions to which I have arrived have not been 

derived from the testimony of others, but principally from my own observation. I have come to the conclusion from what I have seen of the Chinese on the Pacific coa-st that there are substantial reasons for applying some restrictions to the immigration of the Chinese popnlation on that coast. 

In the first place, they are a distinct and different people from 

those who now control this country. They are of a different race and possess an entirely different civilization, and in my opinion are incapable of being brought into assimilation in habits, customs, and manners with the people of this country. Any one who will go to 

the Pacific States will find an isolated community of Chinese, separated from the other people there residin~, a-ssociating only with 

themselves, and indulging in their own habits and modes of life, and 

worshipin(J' at their own distinctive shrines. Though living in the 

midst of other people they are entirely separate from them in all their 

habits of life and in all that enters into our civilization. 

Their proximity to the Pacific coast renders it very certain that if 

they are permitted to come to this country for purposes of gain, which I suppose are the only purposes that impel them here, at no distant day not only California but the entire Pacific coast will be 

largely overrun by that heathen popnlation. I say, if any o.ne 'Will 

go there and examine the condition of that people, their habits and 

modes of life, he will come to the conclusion that no such people can long live in oux towns a.nd cities and villages on that coast without 

being not only offensive in all their manners and their degradin(J' 

habits, but that their presence is calculated to engender strife an~ discord and lead to possible collision with the people among whom 

they live. 

I had an opportunity a few years a~o to visit the Chinese quarter 

in the city of San Francisco. I went m company with another mem- ber of this body in the daytime among their merchant , some of whom 

I was told were doing a business of three million dollars a year. They were educated men, they understood our language, and they were respectable people so far a-s I could judge from their demeanor ; but 

they were but a very small portion or percentage of the Chinese population that inhabits San Francisco. The great mass of them are in 

the very lowest depths of degradation. While they are industrious 

and perhaps may be intelligent in the matters with which they are familiar, in all their habits oflife, so far as I could judge, they are a <legraded people, a.nd I know of nothing in their civilization that ha au elevating tendency. They cannot be brought I am sure to a imilate with our people, or to adopt our ideas either of government or religion. 

Among other places that I visited was a Chinese Sabbath-school, 

where there were some one hundred or one hundred and fifty per- sons in attendance from fifteen to twenty-five or thirty years of age, 

but the superintendents told me that the object of the Chinese in 

attending those Sabbath-schools was not to learn anything of the 

Christian religion, that that was foreign to their purpose in attending, their only object being to acquire familiarity with our language; 

and while there had been perhaps half a dozen Chinese converted 

to the Christian faith by their attendance upon Sabbath-schools, the 

great body of the Chinese people did not de ire to leara anything of 

Christianity or anything of our civilization, but simply desired to 

learn our language that they might be the better able to pursue the 

callin O'S which they followed in this country. The same I believe is 

trne all along the coast. In Portland, as the Senator fr.om Oregon 

[Mr. GROVER] knows, there is al-so a Chinese quarter, not so large as that in San Franci co, but it stands there in the center of the city~ 

occupied by Chinese, with their own civilization, and there is no a imilation whatever between them and the other people of that 

city. 

I say, if I were a resident of one of those cities, living there, the 

presence of those people would be a standing offense, because everybody knows that there is a state of degradation exhibited by the 

lower Chinese that endangers, to some extent, by its influence 

and example the youth of these cities. It might not be becoming 

in this presence to narrate how the youth of San Francisco have 

been contaminated by the presence of the Chinese. To refer to one fact, I have been told that young men of tho e cities have been 

induced to enter their opium dens and become habituated to the u e of opium as the Chinese are. Under the protection of the police of 

the city, I went at night to one of their lodging places, and I found 

in one of their sleeping apartments ten or fifteen or twenty persons 

in a small room, ten or twelve feet long, and of the same width. 

Part of them were in a perfect state of stupefaction from the use of 

opium; others were smokin(J' the opium for the purpose of getting 

under its influence. There they lived, and I was told there were six 

hundred human beings in that single tenement engaged in the same occupation of smoking opium and getting into a state of complete 

stupefaction. I was told they induce the young men of that city 

to enter those places and indulge in the habit of smoking opium, and 

thus they become demoralized, not to refer to other places of even greater contamination. I say, therefore, that if I lived in the city 

of San Francisco I should be unwilling to have that people abiding 

ilhere as residents of the city. The same thing is tnie, to a greater or less extent, as I remarked, all along the Pacific coast. 

It is true the Chinese are industrious. They work for le s wages 

than our people do, and they can command labor. While I wa-s in 

San Francisco I visited a woolen factory, the employes of which were exclusively Chinese. They were engaged in making blankets · anu the superintendent of that establishment told me that they empioyed 

the Chinese laborers because they could employ them much cheaper 

than white laborers, and because of the fact that they could get Chi- nese labor they were enabled to compete with the ea-stern manufacturers in the manufacture of blaRkets. Senators will see very well 

how it affects the interests of the poor laborers upon the coast. There were two hundred men, I was told, in that establishment. I went 

into their dining-room when they were at dinner, which consisted 

principally of :Rsh and rice. I suppose a Chinese dinner such as I saw them eating did not cost half a dime each. With that condition of 

affairs they can well compete with the white laborers for employment, and monopolize a great deal of labor that otherwise woulu be 

given to the white laborers of that comrr.unity. 

I say, however, that I would not close the gates against the immigration of the Chinese to this cmmtry simply upon the ground that 

they enter into competition with labor, but I put it upon another 

ground, which is that it introduces a distinct race of people 'With a different civilization from that to which we ru:e accustomed, wholly 

incapable of assimilation with our people. In my opinion, their 

presence among us will not improve their condition morally or in any 

other respect, save in enabling them to accumulate money and send 

it back to China, while it may lead to discord and possible collision 

with the Anglo-Saxon rae& among whom they live. 
! 

1882. CONGRESSIONAL RECORD-SENATE. 1585 

No man who goes to their temples of worship a.nd sees their images 

there set up c.an ever believe that such a people, after they have 

been a way from China for twenty years and are still attending their 

Joss houses and paying their devotion to their images, can become 

Christianized by their contact with the people of this country. In one of their temples was placed the image of the devil, not for the 

purpose of worshiping him, as I am told, but in order that they 

might pay him proper respect, so that he might be induced not to do 

them any harm. With that kind of civilization growing up in the 

city of San Francisco and other portions of the Pacific coast, it is 

not surprising that the people of the Pacific States ti 1 sensitive 

about the presence of the Chinese and want a limita~on put upon 

their immigration to this country. r The time specified in the bill during which there shpll be a suspension of immigration may perhaps be a little too long. It is, however, one of those features that can be corrected hereafter by legislation, if it should be found to be so. The bill, I Mlieve, suspends 

iinmiQTation for twenty years. If hereafter it shall be found that that 

period is too long I suppose it would be competent for Congress to 

reduce the time by subsequent legislation. I would be willing, however, to see that feature modified now so as to try it for ten years. 

But that feature does not form such an objection as would cause me to vote against the provisions of the bill. I think that the proper 

thing to do is to suspend the immigration of that people to thls coun- try. There are 400,000,000 people m China it is said; they can throw 

upon the Pacific coast 50,000,000 people without scarcely missiug 

them in their own country; and I should be unwilling to see this 

country overrun with that race of people. ·while they are industrious, while they may have contributed to the material prosperity 

of the State of California, I think we should not go further and permit any longer an immigration from China to this country. 

I shall vote, therefore, for the bill. If it would seem proper to 

limit the period to ten years I would prefer it, but if that modification is not made I shall vote for the bill as it is. 

Mr. GARLAND and Mr. INGALLS addressed the Chair. 

The PRESIDENT pro tempore. The Senator from .Arkansas. 

Mr. GARLAND. I give way to the Senator from Kansas, if he 

desires the floor now. Mr. INGALLS. I wish to offer two Ol' three amendments to the bill. 

If the Senator frem .Arkansas desires to speak to the merits of the bill as it now stands, I prefer to wait until he has concluded. 

Mr. GARLAND. Mr. President, the power that we are called upon to 

exercise under this bill is a very deli;:ate one, as indeed is every power 

that Congress exercises in reference 'to the relations existing between 

this Government and foreign governments. The bill apparently draws a distinction in regard to the treatment by this Government of the 

Chinese and that of people of other countries; bnt that difference of 

treatment is only apparent at least when we consider the existing 

laws on the subject of foreigners and the nn,tnralization of those 

foreigners. 

As to the particular facts that make it necessary to pass a bill of 

this character, I shall not discuss them at any length. We as Senators, to use the la.nguacre of Judge Field in a case that I will allude 

to a little more lengthly after awhile, are not bound to shut our eyes 

to what we know and see as individuals. Unless all the standards 

of testimony., unless all the standards of teaching by facts by and 

through human agencies are at fault, we cannot deny that this matter in the States which are called the Pacific States is an absolute 

pest in point of fact; and it is a pest that has cried aloud for some remedy. It is a pest which Oregon has attempted by her laws to protect herself against, and which California has repeatedly attempted 

to protect herself against; yet the courts have decided every one Qf 

tho e State laws to be unconstitutional, against the Constitution of 

the United States; and therefore those States are left without any 

protection against what is called by them, and what is absolutely 

in poiut of fact, ape upon their body-politic. 

I will take the statements that have been read from different papers 

and different reports; the statements of the Senators and Representatives from that section of the country; I will take the vote of the 

State of Californi[fwhen her people voted almost as a unit against 

this immigration; and I will take the language of the eminent judge 

who delivered the opinion in the queue case, to which the attention 

of Senators was called the other day in a few worils by the Senn,tor 

from M a sach usetts, [Mr. HoAR;] and assuming the facts to exist as claimed by the friends of this bill upon which to predicate it, the 

question which then arises, and naturally the first question in the 

progress of the debate, is as to the power of the Government to do 

t.his, the right of the Government to do it, which seems to have been 

controverted by the Senator from 1\fa sachusetts the other day 

t.hroughout his able and exhaustive speech upon the other side of 

the question. 

..,.o 1 what is the law upon the subject! I read from Philllpps on Juris prudence, section 416 : 

Thi brings us to the question, how far an independent state ~an be justmed upon P,:OuncTs of public policy in making an Cxpi'ElSS distinction by law between its : own Citizens ~nd foreigners resident within its territory, to thedisadvanta~eofthe 

latter. The 11rinciple upon which the answe;r must be gi>en seems sufficiently clear .. )!;y&·yindependent state has, as we have seen, a right to exclude foreigners 

from It>• clominions; and consequently every state which admits foreigners into its clomiui~Jns has a right to depri-re them of all or any of the advantages of such £dJUL'Illio~. If therefore the Blefuscudianlegislature were 1;o enact that no foreigner 

" XIII-100 

shall be capable of acquiring property within the Blefuscudian territory, or that no contract between a foreign resident and a Blefusoudian citizen shall be held valid 

in the Blefuscud.ia.n courts, the enactment, absurd and iniquitous as it would be, 

could not be considered by the Lilliputian government as a casus beUi. The right to say "you sh,all not come here" includes the right to say "you shall a~quire no benefit by commg here." 

He refers in this extract to a previous section, section 3 '2, in which 

the author says: 

We can scarcely refuse to admit that this jurisdiction extends, if it should bona 

fide be thought necessary to insist upon ita ext~nsion, to the entire excluaion of every foreigner from the occupied territory. It is impossible to deny that there are nations who e peculiar habita and in~titutions could scarcely }>e maintained if 

their citizen were allowed free intercourse with the rest of m.a.nkindThat is this c:1ae according to the statement of the distinguished 

Senator from Delaware, [Mr. SAULSBURY,] who made a personal inspection of the country that is infected by these people, and of their 

social habits and of their intercourse with themselves and with the 

regular citizens of Californiarand it is equally impossible to pronounce that such peculiar habits and institutions, however absurd they may appear to us, do not conduce to the happine~s of 

those who maintain them. If, therefore, an independent State insista upon isolation, its will ought not to bo resisted. Neither the subtleties ef the medieval publicists concerning the right of transit, nor the simpler American maxim that those 

who can trade and will not tr:We must be made to trade, can be allowed to limit its 

prerogative of uselessne s. If the Chinese have occupied Chin~ for the express purpose of remaining infatuated barbarians, the European who endeavors to make 

them reasonable beings is clearly depriving them of the expected benefit of their 

labor. 

The words of this distinguished author are applicable in all their ~ength and bren,dth to the question that we have~ hand. The right 

1s conceded to say to these people or any other people abroad, "you 

may come here, but you must come upon the terms which we chGose 

to prescribe." Wha,t is caned the Burlingame treaty did specify 

certain conditions and terms upon which they might come. That in 

the minds of some gentlemen stood in the way of legislation of this 

character; and for one, three years ago, when the subject was before 

the Senn,te, I was not favorable to such a measure with that treaty 

tn,nding. But since then, and very recently, another treaty has been 

made which provides expressly for the very thing that this bill is 

seeking to accomplish. The area and the theater of legislation has 

been enlarged by this recent treaty. The treaty is upon the desks, 

I believe, of all the Senators, and this bill does not travel one iota 

beyond the terms and the measure of the treaty. 

I was ~me of the few who three yea,rs since voted against a measure of this character because there was a treaty then m force which I 

thought it contravened; but now this has been stipulated for, it has 

been agreed upon by the treaty-making power of the two countries, 

and it is simply a que tion of policy whether the Congress 6f the 

United States shall adopt it. It is admitted, and it has been shown, 

that there is an evil to be remedied. I will attempt to show to the 

Senn,te how California sought to remedy this evil. I will read from 

5 Sawyer's Reports, in the ninth circuit, the case of Ah-kow vs. Nunn,n, where the celebrated queue ordinance came up for judicial 

determination and construction in the State of California. This is :1 decision upon an ordinn,nce of a municipality of the State of California. The Senator from Massachusetts the other day in his speech 

cited whatJud~eField, who delivered theop~onofthecourtin the 

case, sn,id in reference to the bn,rbarity of the ordinance, which I de 

not controvert; but I will read the judgment of Judge Field, and I 

will read after awhile his own opinion as to what should be done 

with this que tion. Judge Field said-1 read from the syllabus- . 

The general supervision of all matters apl)(n'taining to the sanitary condition of 

the county jail in San Francisco is confided by the act of .A.pril4, 1870, to the board 

of henlth of the city and county ; and only in exceptional cases would the preser- vation of the health of the institution require the cutting off of the hair of any of 

its inmates within an inch of his scalp. 

.Accordingly-, where an ordinance of the city and county of San Francisco, passed on the 14th of .June, 1876, declared that every male person imprisoned in the county 

jail, under the judgment of any court having jurisdiction in criminal cases in the 

city and county, should immediately upon liis arrival at the jail have the hair of 

his bead '' out or clipped to an uniforrn length of one inch from the scalp thereof, tt 

and made it the duty of the sheriff to have this provision enforced, it was held that 

the ordinance was invalid, bein~ in excess of the authority of the board of super· visors, whether the measure be considered as an additional punishment to that 

imposed by the court upon conviction under a State law, or as a sanitary regulation, and constituted no justification to the sheriff acting under it. 

The ordinance being directed against the Chine e only, and imposing upon them a degrading and cruel punishment is also subject to the further objection that it 

is hostile and di criminating legislation against a class forbidden by that cb:use of 

the fourteenth amendment fu the Constitution, which declares that no State " shall 

deny to any per on within its jurisdiction the equal protection of the laws." This 

inhibition upon the State applies to all the instrumentalities and agencies employed 

in the admiriistration ofits government; to its executive, legislative, a.ndjudicl'al 

departments, acl to the subordinate legislative bodies of its counties and cities. 

Then he goes on to pronounce that this ordinance is unconstitutional; that no body but the Congress of the United States can legislate in a matter 9f thit> character. That was an attempt in California to remedy this evil within her borders to some extent. In a note to this case there is an interesting article by Judge Cooley 

referred to, reviewing this decision, which it is not necessary te read. 

In addition to that, the Senators who care to examine this question 

will find that the Supreme Court of the United States in the case of 

Chy Lung vs. Freeman, in 2 Otto, have decided to the same effect; as also in The Railroad Company vs. Husen, in 5 Otto; aad in the 

celebrated Passenger Cases, in 7 Howard; and there are a number of 

State decisions referred to here. 

Now, I come to tlle ne~ ca e, wbich is on page ~66 of the s~ 
1586 CONGRESSIONAL RECORD-SENATE. MARcH 3, 

volume ofSawyer's United States Reports,ninth circuit, where Oregon came in to protect herself against these evils : 

This suit is brought to enjoin the city of Portland from enforcing an act of the 

Le!!islature, approved October 16, 1872, entitled "An act tojrohibit the emplo_y- me~t of Chinese laborers on the improvement of streets an public works in this 

State." 

The judge says briefly upon that: 

The right to reside in a foreign country implies the right to labor there for a li' 

~gState has no power to interfere with or in any way limit the operation of a treaty of the United States. 

He holds that laws of this character could only be passed by Congress and not by State Legislatures. This was under the Burlingame 

treaty, which has now been superseded by the treaty to which I 

referred a few moments since. 

Thus it appears that the Startes which are suffering from these 

evils have attempted in their way to protect themselves, but all to no purpose. Then the question comes, who can do this? The court sa.ys no one but Congress can do it. Then how shall it be done f I 

hold in my hand a pamphlet issued some time in 1878, in which the 

views of Jud~e Field, who decided the queue ordinance case, are given upon what he considers would be a proper remedy in refer- ence to this matter, for he had examined it not only as a jurist but as a citizen and as a taxpayer of California. He goes on at some length to show what the existing state of things 1s there aud the 

ab olute evils under which the State is suffering from this population. He says: 

Independent of the legal questions involved, I am of the opinion that no good can come from a resort to small vexations against the Chinese. To deny to them 

the privilege of sending to China their dead, to cut off their queues, to subject them to inconveniences and petty annoyances, is unworthy a generous people, and will result in no practical benefit. I recognize the Chinese question a one of ·prominent importance-a national question, demanding the consideration of jmists and statesmen, and not to be solved by a resort to sanitary laws, nor by local and 

municipal police regulations. It is a broad question, to be discus ed by broadminded men, and determined upon princi(lles of law that govern nations in their 

intercourse with ea{)h other. This question cannot be solved by San Francisco nor California; nor is it a local one, nor are its consequences t~ be confined to this 

side of the continent. I am impressed with the fact that there is danger in a mili- tary point of view, and the fact that China is purchasing armor-clad war-vessels 

from England-is opening hcr own workshops for the construction of iron-clad 

ships, iR im}lorting and manufacturing arms of precision. is increasing, arming, and drilling ner army and navy-is worth the consideration of our people. 

I am aware that commercial intercom·se with China is a one-sided affair, and 

that the English, German, and American merchants are being driven out of the 

Chinese trade, and that the Chinese merchants have monopolized not only their 

foreign commerce, but the navigation of their own coast and interior waters. Now, what is the remedy ~ To me it seems plain. We have a treaty with the 

Gove11llllent of China. Wo find that treaty, in its practical workings, one-sided. 

It is not eqnal. The Chinese ha•e denied to our people the privilege of trading with the interior of China; they open certain ports, known as treaty ports, and 

}Jractically deny to our merchants the right to enter any other; Americans are not allowed to dig in their mines, work on therr farms, build railroads, navigate streams, 

obtain franchises, and are restricted in the enjoyment of any but the most limited 

privileges. They are not allowed the freedom of the country. We may not per- emptorily abrogate t.his treaty, because to do so would be a declaration of war; but we may say to the Chinese authorities, that because we find this treaty works un- equally and to the disadvantage of our people, we desire to modify it; we may give the required notice of six months or one year; we may then make another treaty, and give to the Chinese the privileges they practically accord to us. We may say to them: vour people shall only come to the United !:itates, and shall only remain 

here for tlie purpose of general commerce; you shall be welcome to certain port-s and to none other; you shall engage only in foreign trade; you shall be excluded 

from all employments not connected with or incidental to foreign commerce; you shall be allowed the privilege of crossing our continent in pursuit of business ; you may be welcome to visit any port of our land; you may educate your youth in our colleges. :But you shall not send tons an immigration to engage in the gen- eral industries of om· country; you shall not send a population to become perma- nent resident-s in our country; you shall not come into COIDJ?etition with our labor- ers; you shall not engage in mechanical and manufacturmg employments; yon sball not own or till our agricultural lands; yon shall not fill menial employments. Those who are now here, it is perhaps well enough to allow· to remain. lf there are one hundred thousand of them, they will disappear in a short time from nat- ural can es; many will return voluntarily; they will be absorbed. What fo~ 

millions of white people will do with any part of one hundred thousand male Chi- nese, is not a consideration of consequence, and will soon be disposed of. Thus, the question may be solved, rationally, speedily, and peacefully. 

So that every feature that is incorporated in this bill is specified 

in a general way and indicated by Judge Field in these view now made public, a ide from the decision ah·eady cited, as a necessity to 

meet the cli.fficulties arising from the case to which I have ju t re- ferred. In the same pamphlet there is another matter to which I 

wish to call the attention of the Senate. Our minister to China, in a communication to the State Department, under date of May 16, 

1878, speaks of the want of reciprocity in the privileges accorded by 

the treaty with that country, as follows : 

From the mplomatic point of view, we have always been at a disadvantage in 

dealing with China. We llave voluntarily accorded toller people within our bor-

<lers the privileges of those of the most favored nations. China, however, has 

yielded only a few privileges to our people, and we are constantly obliged to re- sort to diplomatic representations to secure to them the enjoyment of even these. 

As a consequence, we are always asking something from China, while she ha-s 

nothing to askfrom us. If, however, it has now become an objectforherto secure for her people in our country the privileges so freely accorded to them, the situa- tion has changed, and may be taken advantage of in all futm·e negotiations. A ver.v few words are needed to indicate the lack of reciprocity between us. I 

think there are no opportunities of residence or of enteiJ?.rise from which the Chi- nese among us are debarred. They can go where they will and do what they will in all our broad domain. :But. it is not so here. Our countrymen may reside in a few eities only, and they may engage in no enterprise outside of the ordinarvinter- chan~e of commodities and their transportation between defined points. 'Oppor- tunities exist to cle>elop mines, to establish ftrrnaces and factories, to construct roads, canals, railroads, and telegraphs, to operate these, aud steam or other Yessels on many route not now open to them; but from all these and many other important branches of enterprise we are effectually and perha\)S hopelessly shut out. Perhaps, then , the time has arrived when we may say to this government that we expect a more perfect reciprocity, and that, if our people cannot be admitted here to all the privileg enjoyed by theirs in our country, they must not blame us if we demand such a revi ion of our treaties as will leave us free to meet the nece sities 

of our situation. It is very certain that China would not consent to the extension 

of the privileges enjoyed by foreigners in this country, and it is -possible that, 

rather than do this, slle would agree to such a revision of our treaties as I ha>e 

indicated. :But if she should not do so, and sllould plant herself firmly on existing treaties, refusing to grant to us anything, or a sent to the withdrawal of any priv- ileges from her people, we would have proceeded, nevertheless, as I have ru.d, in an bonorable way, and could then consider the whole situation and determine the 

policy which would most conduce to our welfare. 

So, we set(that we are dealing with a fa,ct that is establi hed 

beyond any c• vil before the country, and we have the power to deal 

with H accordmg to international law. We have the ~ower under our Constitution and under our system of legislation to deal with it. 

No one but Co~ress can deal with it effectually according to these 

decisions, deci ions of the Supreme Court and circuit and district 

courts. It occurs to me, so far a-s the general proposition of the bill 

is concerned, there can be no doubt about the propriety of its passage . .A.re we in point of truth drawing a distinction against these people 

that does not already exist under the statute J The naturalization 

statute excludes these people from its benefits. In this same volnme, 

5 Sawyer's Reports, where a Chinese applied to be naturalized in 

California, Judge Sawyer makes this distinction: 

A native of China, of the Mongolian race, is not entitled to become a citizen of 

the United State under the R-evised Statutes as amended in 1 75. 

..A. Mongolian is not a "white person " within the meaning of the term as used 

in the naturalization laws of the United States. 

Tha.t is the statute in the Revised Statutes and that is the statute 

which is con&-trued by the court here. There is a distinction already 

against them. Wben this statute was enacted in 1 74 we put in a provision tha.t Africans conlcl be naturalized, but we omitted to put 

in these people. I am told by the Senator from California [.Mr. FARLEY] that in . ome places they evade this law and do naturalize them 

notwithstauding this statute, and notwithstanding the decision of 

the couTt iu the case that I have just read. Hence, I think, as a matter of precaution, his amEjndment should be adopted prohibiting 

the natmalization of the e people any further. That is all I care to 

say at pre ent. 

1\Ir. INGALLS. .Mr. Presiuent, the first article of the treaty 

between the nited States and China, concluded November 17, 

18 0, proclaimed October 5, 188i, is in the following language: 

WheneYer in the opinion of the Government of the United States the coming of Chinese laborers to the United States, or their residence therein afl'e<~t ·. or threatens to affect the intere ts of that country, or to endanger the good order of 

the said country or of any locality within the territory thereof, the Government 

of China agrees that the Government of the United States may re~ate, limit, or suspend such coming or re idence, but may not absolutely prohibit it. The limitation or sus:pensinn shall be reasonable, and shall apply only to Chinese wllo may 

go to the Umted States a-s laborers, other classes not being mcluded in the limitations. Legislation taken in regard to Chine elaborers will be of such a character 

only as is necessary to enforce the regulation, limitation, or suspension of such 

immigration, and immigrants shall not be subject to perso:r:.al maltreatment or abuse. 

I read this for the purpose of saying that whatever doubts may 

exist as to the policy of thi proposed legislation, there cannot be 

any doubt whatever as to the right of Congress to enact it. That 

ha passed beyond the domain of legitimate uiscussion. By a sol- enm treaty between the e two contracting parties, a treaty in pur- suance of an agreement reached for the sp cific purpose, the two con- tracting nations have agreed that tbe United States Government 

may enact such legi lation as it may be deemed best to enact. If it 

shall seem to the Government of the United States that the immigration of the Chine e is not only detrimental to the entire intere ts 

of this c01mtry, but that the good order and the improvement and 

auvancement of any particular locality ar~ tarded, hindered, or impeded thereby, restrictions may be impo ed. 

I am not di posed at this time to dwell upon what seem to my mind 

to be the economical and what may be called the sentimental objection to this legislation. I am frank to say tha my instincts revolt 

at it. I would myself as soon think of destroying all the mule or all 

the domestic animals in the country, or of destroying all the engines 

and labor-saving machinery in the country, as to either exJlel or repel a class of docile, patient, obedient, frugal, and industrious laborers, 

whether skilled or unskilled. But I pa s that, because conceding to 

other localities the same rights that I demand for my own, andre t- in~ upon the maxims and dogmas of local self-government and home 

rrue, I am prepared to say that the communities upon the Pacific 

coast have a right to judge for themselves as to the propriety in an economical sense of this immigration, and when they have spoken 

through their authorized rcpre ·entatives, with their declaration I 

shall be content. 

Mr. JONES, of Florida. Will the Senator permit me to ask him a question 'I 

Mr. INGALLS. Yes, sir. 

Mr. JONES, of Florida. Do not the provisions of this bill extend 

to the whole United States f -

Mr. INGALLS. I was about to come to that. With regard to these 

localities, however, under the treaty I have no doubt of the oompeteu.cy of Congress to legislate, because it is so expressly decltred in 
1.• 

) 

J 

1882. CONGRESSION~t\_L RECORD-SENATE. 1587 

the article that I have read; not that this migration shall be held to 

be detrimental to the interests of the entire cquntry, but that if it is 

interfering with or prejudicial to the good order or the welfare and 

advancement of any particular locality, then Congre s may provide 

for the suspension or limitation of Chinese immigration. Therefore, 

Mr. President, in my mind the only question is whether or not the 

terms of this bill are reasonable and just in accordance with the stipu]ations made solemnly and entered into between the e high con- tracting parties; and I must say that upon two or three points I think 

they are not. I am aware that the Senator from California [:Mr. 

MILLER] desires to obtain a vote this afternoon, and therefore I shall 

not make any protracted remarks. 

Mr. MILLER, of California. Will the Senator allow me a wordY 

Mr. INGALLS. Certainly. 

Mr. MILLER, of California. I :find it will be impossible to get a vote this afternoon. The Senator from Nevada [lli " JoNEs] desires 

to speak on Monday, so the Senator from Kansas ...leed not restrict 

himself at all. 

Mr. INGALLS. I will then, Mr. President, briefly and more in the 

nature of a statement, without argument or giving special reasons, 

sugge t two or three amendments that I think good faith toward 

the Government of China requires to be incorporated in thi8 bill. 

It will be observed, by the language of the article I have read, that 

this prohibition shall not be absolute, and that it shall be reasona- ble, and the :first point to which I desire to call attention is one suggested by the Senator from Delaware, [Mr. SAULSBURY,] and that 

is the period prescribed within which this prohibition shall be operative, namely, twenty years after the promulgation of this legislation. 

I shall move to amend the bill in that particular by striking out the 

word "twenty" and inserting "ten," and for two or three reasons. In the :first place, it is apparent to my mind that this legislation 

is invoked under the influence of overmastering pa sions. Whether 

justly or unjustly, public opinion upon the Pacific slope, by importunate and inflammatory appeals, has been wrought to that heat of 

passion that we are not at this time, I believe, capable of taking an entirely unbiased and unprejudiced view of what the social and 

economical requirements of the country in regard to this question are. The period of ten years will allow a. sufficient time to elapse in 

which the passions of men will subside. It will allow another census to he taken under which we shall be able to cont.rast the statistics of labor and of production under the condition of things as it now exists and that which will obtain when Chine e immigration 

has been prohibited; and beside this it will, in my judgment, com- port more absolutely with thatfair•dealihg which we are under obligation to observe toward the Government ofChina,indeclaringthat 

thi prohibition shall not be absolute. The insertion of the period 

of twenty years appears to me to be an infraction of the agreement 

in the first article of this treaty that the suspension shall not be 

absolute. I shall therefore hope that the Senate will agree to the 

modification suggested by the reduction of the period named fiom 

twenty years to ten. 

There is one other point upon which I shall move an amendment. 

The :first paragraph of the fourth article of the treaty is in the following language : 

The high contracting powers havin~r agreed upon the foregoing articles, when· ever the Government of the United States shall adopt legislative measnres in 

n.ccordance therewith such measures will be communicated to the Government of 

China. 

The provisions of this bill in the first section are : 

That from and after the expiration of sixty days next after the pass~e of this ~~tct, and until the e>.."Piration of twenty years next after the passage of thm aot, the 

coming of Chinese laborers to the United States be, and the same is hereby, sus- pended. 

In my judgment this legislatiOn is in accordance and pursuance of 

the treaty that baa been made between these two parties, and it is nece ary, it appear me, that if this propo ed legislation is adopted 

information as to its terms should be communicated through t.he State 

Department to the Government of China, and the time when the limitation shou]d commence shou]d be fixed at a period of sixty days after 

information of th(Jpassage of this law shall have been communicated 

to the Government of Chin.a. I am also very much in doubt whether 

the period prescribed of sixty day& wou]d suffice to permit immigrants who had left China lawfully under the provisions of existing 

treaties and laws to reach the ports of the United States, and they 

miaht thereafter, if this is insisted upon, be landed upon the shores 

of t,;alifornia and subject to the penalties imposed by this act, which are very evere. Mr. FARLEY. Will the Senator permit me to ask him a question 7 

Mr. INGALLS. Yes, sir. 

Mr. FARLEY. We are within twenty-six days of China in this 

city, so that would ~ivc t:Uem thirty-four days' notice. 

Mr. INGALLS. Thd i8 by steamer. 

Mr. FARLEY. B.f !:!t~amer. 

Mr. INGALLS. Sn1Jp 'S3 they want to go to Boston Y 

Mr. FARLEY. If tney were on the way to Boston or any other 

point, they woulcl hav time enough. 

.Mr. INGALLS. They mi•rht be storm-tossed; they might be in 

ship that were crippled and torn by storms, so that they wonld be 

driv~n out of their course and not arrive ill due time. 

Mr. FARLEY. That wou]d be an extreme case. Of course it 

might happen. 

Mr. INGALLS. So that in any event, no matter which view of 

this ca e you take, it is apparent to my mine! that there should be a different period of limitation prescribed as to the time when this act 

shall go into operation; and I shall move, as I havA aid, that thi8 

act, if adopted, shall be communicated to the Government of China as the treaty provides, and that the period within which it shall be 

unlawful for Chinese immi<Yrants to land here shall be changed so as to prevent them from saillng within a certain specified time after 

the Chine e Government has been advised of our action. 

There is also in the last section of the bill a provision that appears 

to me very inaccuTate and uncertain and that requires either modification or specification. I read, commencing in line 10, section 14: 

And any Chinese unlawfully entering within the United States, or who shall 

have unlawfully entered the United States in any way, either by land or by water, 

sha;ll be remov~d therefrom by the collector of customs of any collection district in 

which such Chinese may be found, at the cost of the United States, under such 

regulations as the Secretary of the Treasury may prescribe. 

"Removed therefrom," and where toY The collector of customs of 

the collection di trict is authorized to remove at the expense of the 

United tates thee nn1awful immigrants from that district; but 

where are they to be removed toY I 'presume that the intention of 

the committee was that they shou]d be returned to China, because 

it would be obviously unjust to remove these obnoxious immigrants, so declared by statute, from one collection district of the United 

States into another that might not want to receive them. They 

wou]d still be exactly aa open to the penalties of this bill in an adjacent collection district as in the one in which they had landed. 

Therefore, there must be some amendment here. I shall not offer 

any amendment to that provision, because I do not know what the 

purpose of the committee wa . I content myself with calling attention to the imperfect condition of the section as it now stands. 

I will now move, Mr. President, that the substitute be amended in 

line 4 of section 1 by striking out the word'' twenty" and inserting 

"ten." 

The PRESIDENT pro ternpore. The amendment of the Senator from 

Kansas is :first in order, as it is an amendment to the amendment of 

the Committee on Foreign Relations; the other amendments proposed are additional sections. The question is on the amendment of the 

Senator from Kansa just proposed. 

Mr. MILLER, of California. I supposed the :first vote taken by the 

Senate would be on adopting or refusing to adopt the amendment of 

the committee. 

The PRESIDENT p1·o tempore. The Senator from Kansas proposes 

to amend the committee's amendment; and it is first in order to per:-

fect the amendment of the committee. 

Mr. ~ULLER, of California. There are two other amendments 

pending before t.he Senate. 

The PRESIDENT pro tempm·e. They are in the shape of a-dditional 

sections, as the Secretary informs the Chair. This ·amendment is 

germane, being an amendment to the committee's amendment. 

Mr. MILLER, of California. The amendment reported by the com- mittee is in the nature of a substitute which has not been acted on by the Senate. Is that subject to amendment before it is acted on T 

The PRESIDENT pro te1npore. If the amendment of the committee was agreed to it wou]d not then be open to amendment; but it can be amended before it is adopted. There has been no action on the committee's amendment. 

Mr. ED~!UNDS. I think, with great respect, that inasmuch as the 

committee amendment is to strike out all after the enacting clause 

and insert a series of sections, the first amendment that is offered by 

any Senator to the amendment of the committee, no matter where it comes in, is the one that is :first entitled to be submitted to the Senate; and therefore if any Senator has moved to add an additional 

section to this amen<.lment of the committee, I think that is the thing 

that i :fir t to be votecl upon, although it may be more convenient to 

take it by sections. The amendment of the committee is one single 

amendment, alth•ugh it is divided into sections; and some Senator, 

I understand, has proposed to amend that, before the motion of the 

Senator from Kansas was ma-de, by adding to it at the end something more. Now, I think in the regular order under the rule the amenclment to this general amendment of the committee that is :first proposed should be :first put. 

The PRESIDENT pro tempore. The Senator from Tennessee [Mr. 

HARRIS] was in the chair yesterday and ruled contrary to that, as 

the Chair understands; that the other amendments were additional 

sections to the bill. 

Mr. HARRIS. The rlliing on yesterday was precisely in accord- ance with the ruling of the Chair to-day, that if any amendment is 

proposed modif,ying or changing the amendment reported by the com- mittee such amendment must be acted upon before the question is 

taken on the amendment proposed by the committee. 

Mr. EDMUNDS. Undoubtedly. 

Mr. HARRIS. And that independent propositions as additions 

could be acted on after the committee amendment had been perfected 

and acted upon . Mr. EDMUNDS. I do not think that is the law, but I do not care. The PRESIDENT pro ternpore. . The Chair is of the impression that 

the text of the committee's amendment is to be first perfected. 

J 
1588 CONGRESSIONAL RECORD-SENATE. MARon 3, 

Mr. EDMUNDS. Yes, but the Senator who has offered an additional section to the amendment proposes to perfect it by making it 

sav something more. . The PRESIDENT pro tempore. The Chair adheres to his ruling. If 

a.ny Senator wishes to appeal, the question can be te ted. [A pans . ] 

The question is on the amendment of the Senator from Kansas [Mr. 

:U.GALLS] to the amendment of the committe~. 

Mr. MILLER, of California. To that am6Ildment I desire to speak 

for a moment. The original draft of this bill as introduced by myself declared in the first section that the immigration of Chinese as described therein "is here by declared to be unlawful, and is suspended 

and prohibited until otherwise provided by law." 

The committee in considering this particular clause of the section came to the conclusion that that in some measure contravened that 

clause of the treaty which declared that the United States might sus- pend immigration but not absolutely prohibit it; and therefore it was suggested, I believe by the Senator from Vermont, or at any rate by some member of the committee, that fixing a term for which this 

immigration might be suspended would relieve it from that objection. 

The question then came up on the length of time which would be .thought reasonable for this suspension, and after a very elaborate 

discu sion we came to the conclusion, perhaps not unanimously, that 

twenty years woulcl be a reasonable term. I contended, and would 

contend now if it were an original question, for a longer term than 

that. My principal reason is that it is desirable to settle this q ues- tion one way or the other, to settle it for a time sufficiently long to 

not only give notice to the Chinese and the importers of Chinese that 

they must suspend this traffic, but to permit our people to make their 

arrangements to carry on their business with a definite understanding as to t.he time <luring which this suspension shall exist. I thought 

and still believe that twenty years was not too long a time. 

On the Pacific coast for about thirty years the experiment of admitting Chinese has been tried, and we have found., as we believe, that 

it works greatly to the detriment of the best interests of our people 

and will ultimately work a great injury to the whole people of the 

United States. I think, therefore, if we change the policy, that 

twenty years is not too long a time, and especially when it is wit-hin 

the power of Congress at any moment to repeal this act and relieve 

the suspeRsion. If it be found, as is predicted by the opponents of 

this measure, that the people of the P acific coast will within ten 

years or a lesser period ascertain by experience that this act is not 

beneficial, that this suspension ought to be removed, they can appeal 

to Congress f6r its removal, or, if it is the judgment of the nation at 

any time that this suspension should be relieved, Congress can then 

act and repeal this law. 

It may be said on the other hand that if you fix it at a lesser p~riod, 

say ten years, and at the expiration of that time we find the people 

of the Pacific coast are of the same opinion, and the people of the . nation are of the same opinion that they are now, Congress may ex- tend the suspension; but it is just as ~sy to repeal this act; it is no greater hardsliip on the other side than it is on our side. And while we are en.gaged in the settlement of this question I desire it definitely settled. If I hati my own way about it I would not fix any 

term at all; and I think our commissioners ma-de a mistake when 

they agreed to that language that we should not absolutely prohibit 

Chinese immigration. If we had to dictate the terms of a treaty we would not put any such language in that treaty; and if there were no treaty in th~ way I would make the suspension a prohibition and 

make it absolute and eternal. 

I hope that the term will not be lessened, believing that twenty 

years is reasonableunderthe circumstances; that it gives our people an opportunity to a-dapt themselves to the new order of things and 

that it settles the question which, if you make the short term, is not 

settled; the agitation continues, and as the expiration of the sus- pension grows near the agitation is resumed with greater excitement 

and fury. I trust that the friends of the measure will vote down 

this amendment. 

Mr. BAYARD. :Mr. President, I understand that the question is 

upon the amendment of t.he Senator from Kansas, [Mr. L~GALLS] to 

reduce the period of the suspension of this immigration of Chiuese 

laborers, from twenty to ten years ; and I rise merely to express my 

hope that the amendment will not.prevail, and for the reason that 

this proposed law I understand to be the expression of a policy on the part of the Goyernment of the United States in respect of the 

oriental populations who, by their propinquity to the States upon our Pacific coast, have endangered, in the mind and belief of the 

.American citizens of that coast, their happiness and welfare, and even the continuance ofrepu blican government itself. Under modern 

discoveriesthePacific Ocean that once was a barrier has now become 

a bridge; that which was once n. severance has become a link; and 

by steam transportation the ocean, instead of separating, actually 

unites Asia and America. 

In the consideration of this question there are involved problems 

than which none are more difficult and profound. One that is obviously touched and affected by this bill is the great problem of the 

relative rights of capital and labor, and in what relative measure the 

profits of the joint production of the two shall be divided between 

those who combined to create it. This is the first time in the legislation of this conntry tha-t labor qua labor has bee» :m!Old.e the sub· 

ject of legislation. There is therefore much of gravity involved in 

the results of this legislation. 

I do not propose to detain the Senate by repeating the points that 

havt) ueen already touched in this discussion, but desire that n. vote 

should be reached upon the measure this evening if possible. 

One fact strikes me more and more forcibly a"" my experience of 

the government of this country is enlarged, that the mere fact of 

the vast area over which the Federal Government extends its jurisdiction, prevents the citizens of one part and section from comprehendrng truly the needs, the necessities, the sympathies, the wants 

of citizens in other parts ; and perhaps it is well that it is so, be- cause the very realization of our inability, here in onr homes upon 

the Atlantic alope, to comprehend_thedangers that threaten the interests that are involved, the wants that are so keenly felt by our bretbren upon 'the Pacific slope, should instruct us that the great 

principle of loc.l self-government, that essential school of the Ameri- can citizen, the hool of freedom and self-reliance, should have its 

lessons heeded; and never was the call for obedience stronger than 

in the present case. I do not believe the history of the world discloses such an illustration of unanimity of feeling, upon the part of a local population comprehending and expressing its own needs, as is 

proven to us to-day, on this subject of immigration from China among 

the American citizens of the Pacific States. Think of it, Senators; 

at a special election held some four years ago, held by secret ballot1 

in which any voter without the slightest risk of disclo ure, in ab o- lute secrecy, could register hi opinion upon this subject-at an election helclin the State of California, less than one-half of 1 per cent. 

of the \oters of that population, expre sed their wish for non-interference with Chine e immigration, and over 99t per cent. testified 

then· abhorrence of it-I think I may say that no more unanimous 

expression of popular opinion can be conceived, and if there is a precedent of record for it it is unknown to me. 

1\Jr. President, those who feel and realize the danger, those who are closely confronted with the fact and its consequence , are those 

uy whom we should be instructed as to its extent and its reality. If 

in the State which is my home there was a question local and peculiarly distressing to my people, threatening them and their civilization, their economical, political, social, and religious sysf.em , and 

I shonlc:l come here presenting. the facts, and asking for relief under 

the forms oflaw, and under forms of law expressly provided for by 

treaty between tbe Empire of China and the Republic of the United 

States, I ·hould feel that there was absolute cruelty and injustice, if 

the voice of my people, speaking with unanimity, was not heard and 

respected by my associates, the fepresentatives of the States of th~ 

Union in this Chamber. And so, sir, when I hear the voice of California, and Oregon, and Nevada, and of the adjacent Territories, all 

speaking in the same earnest tone and all declaring the same truths, 

I must heed it. I mean to include all those States which lie on the 

western slope of the Rocky Mountains, not only those whose soil is 

laved by the waters of the Pacific, but thof:le adja{}ent to them, coterminous States, with the same character of local interest, all declarin~ 

one result and all praying for the same relief. I should be unfaithful as a friend, as a member of this Senate, as a citizen of the Union, if 

I did not respond to their cry of distress. They have spoken in terms 

too loud and earnest for us to answer them by reciting mere speculations of our own. They have told us that these evils of which they 

compla,in are .terribly real and not imaginary. They have said to us that everything which men hold dear, their traditions, their liberties, their sympathies, social habits, political rights, are all in jeopardy unle s a check shall be put to the incoming and terrible wave of an approaching :Mongolian overflow of everything like Christian or American civilization in the States of the Pacific slope. 

Mr. President, I willingly recognize the brotherhood of man, and 

respond to humanity wherever its voice may be heard; but there li! an instinct of self-preservation in nations as well as in individuals. 

There is an instinct and a duty of justice. A an must be tme to 

himself before he can be true to others; and a nation must be true 

to its own people before itundertakestoexpanditsenergies in favor 

of strangers and aliens. There is no inhumanity, there is no injustice in saying, that our duty to republican instit~jions compels us to 

consider the character of the population under which such institutions may hopefully be conducted. We consider it in our h'eaties, we consider it in our laws: we consider the tendencies of treaties and 

the tendencies oflaws; and in the present case, acting under an ex- plicit treaty stipulation, under a statute proposing a remedy con- fessedly le s extreme than the treaty itself obviously would permit, 

the opportunity, and, it seems to me, the duty for us has arisen to act. 

I do not state this case too strongly. I find in a newspaper from 

California, dated the 24th of February, not a week old, the Call, published in San Francisco, a report of the trades assembly of the Chinese committee, and an appeal made ''To the wOI'king men and women of the United States," which I have read, and by which I have been 

much impressed. Senator Morton, our late associate, has been cited as in some way giving indirect approval to the continued and uninterrupted immigration of Chinese laborers into this country, and yet 

I find by this paper, that when he had in 1877 conducted an investigation int-o this very question, in the very communities most affPcted 

by it, and where the cry of distress was loudest, he concluded that 

it had. "become pa.i.qi~llr ev~~e~~ ~hat the f~ci~c;: !t<?a.st mUBt in time 
1882. CONGRESSIONAL RECORD-SENATE. 1589 

either become American or Mongolian." That was hlsjud~ment iu 

1877. Years have rapidly and constantly reaffirmed its justice; and 

when it comes to that-and that is the issue presented to the Ameri- can people or pre ented to the American Senate-I ask how can there 

be other, or ought there to be other than one reply'# 

Mr. HOAR. 1\Ir. President, may I, without troubling the honorable Senator from Delaware, ask him for the authority on which he 

ascribe to Mr. Morton that sentiment 't 

Mr. BAYARD. I find the extract from Senator Morton's opinion 

pn bli hed on the 24th of February in the report of the Trades Al!l em bly 

of the Chinese Committee, ending with an appeal to the American 

people and stating themselves to be- . 

The representative assembly of trades and labor unions of the PL:ific ooast, having appointed a oommi1 tee some three months ago to collect statistics on the Chi- nese cooly-lauor question, now present the result of its investiga•tons as contained 

herein. 

Senator Morton at any time during the period we were together at 

all chan~ing his opinions in regard to the Chinese question as ex- pressed ill the minority report, which has been referred to by the 

Senator from Massachusetts, and I certainly never expre ed any 

such opinion as that imputed to Senator Morton in connection with 

other members of that committee. 

Mr. BAYARD. Mr. Preside~t I have not the slighte t objection, on the contrary I am very glad mdeed, to hear the Senators who were members of that committee in regard to any factMr. MILLER, of California. \Vill the Senator from Delaware permit me to interrupt him! 

Mr. BAYARD. The Senator will allow me to conclude and then I 

will with pleasure give way. It strikesmeibatthere has been rather a misapprehension in this interruption and in this debate. I was not 

making a statement of my own knowledge. I expressly stated the 

paper_ f:om which I read this langua~e; I did 11:ot vouch for its au- And in the com e of that appeal-and I shall h e it read pres- thentie1ty. It must stand or fall by 1ts own weight, and I am very 

ently-occurs the language which I have just read and which is glad if it be inaccmatethatit should be impeached, and if any stateascribed to the late Senator Morton who, it is said, ments in it be incorrect that they should be set right. So far as I am 

Joined with the other members of the committee in declaring that it has become concerned, in the few remarks I was submitting to the Senate, it ~infully evident that the Pacific coa t must in time either become American or strikes me that the interruption ha-s been really very fruitless, ancl 

Af~~~~t the Chine~e have advantages which will put them far in advance in this I say that with all respect and in an kindness. race forpo ession. They can subsist where the American would starve. They Now, Mr. Pre ident, it is no impeachment of the character of Chi- can work for wages which will not furnish the ba.rest necessities of life to an Amecl- nese civilization, it is no denun.ciation of them, either as a people or can. as individuals, to say that they are unlike ourselves, to say- that 

:1\Ir. HOAR. 'Vill the honorable Senator permit me to say that their civilization bas proceeded and to-day is based upon a prmciple ~en a tor Morton left unfinished at his death a document which stated profoundly different from our own. So far as I can learn, the great 

hi conclusions upon the evidence taken by the Congressional com- governing principle of the Chinese Empire over its people is the 

mittee of which he was a member, in large part, and conclusions sense of a dominating and coercive exterior force. So far as I com- diametrically oppo ite to, impos ible to be reconciled with, the ex- prebend the true stren&!h of American civilization, it is from the inistence of such an opinion as has been ascribed to him, if I correctly terior; it is from the sell-expression; it is that which lies within his 

understand what the Senator now says. I will say further that the breast that governs the citizen, and not his fear of and compulsion 

gentleman to whom Senator Morton, his strength being somewhat ofthat which lies without. Takingthat greatandasi considerproimpaired, dictated that report I saw yesterday. I read to the Sen- found distinction between the main-springs of power of the two govate some portions of it. Some sentences will be found in the re- ernments, to what results are you led! That you are to rely upon 

marks which I bad the honor to submit. I should trespass on the the voluntary principle of self-government to control a people and a courtesy of the honorable Senator if I were to undertake to read race which have never known any but the involuntary principle of 

them through. I was inclined to do so when I rose; but I will not coercive government! These habits of thought and rule are inask the Senator to yield for that purpose. grained. We are all children of the same Great Father, but by cen- Mr. B.A. YARD. I shall be very glad for any and all facts to be pre- turies of habit marked and essential characteristics are formed, :md sen ted. tho characteristics of nations are so widely different, that he who fails 

Mr. HOAR. Will the Senator allow me to readl to recognize them, must be blind indeed, or utterly regardless of those 

Mr. BAYARD. The Senator wil\understand that for the pmposes great facts, which are not improperly styled" God's arguments." 

of the short discus ion which I propose in this case, I had r:ttherread Now, sir, without, as I say, impeaching the variant civilizations, 

what I have read for its force, it being adopted by the people of Cal- or speaking unkindly or with any absence of proper humanity aud 

ifornia and by the trades unions, than to stand upon the fact whether sense• of human brotherhood, toward the e different nations of the 

it wa in ipsissimis verbis the language of Mr. Morton hinls lf. They earth, the que tion is for us to determine how far they can and do 

adopt this language supposin~- him to have used it, and I adopt it as adjust themselves to those things near and dear to us, and which 

their language, as what I beLieve to be ll! correct statement of the we believe to be the very foundation-stones of our social and politproposition; unless some check shall be put to it there is that alter- ical existence. That is the question. 

native and none other. You are to choose, Senators, sooner or later, I will not detain the Senate, for I have no set speech to make upon 

and soon rather than late-you are to choose between the civiliza- this subject, worthy as it is of the most careful study andofthemost 

tion of the United States, of -our own system social, political and deliberate di cnssion; but when I say that these oriental popularelio-ious, and that of China. tions write us backward, I state a familiar truth in a familiar way. lli. HOAR. I did not nse, I should not have taken the liberty M~ny of th~ir conyentional virtu~s are held. by us to be vices ; many 

of asking the honorable Senator from Delaware to yield that I mio-ht ~hings admirable ill them, according to therr code, are with us puninterject into his speech a reply to the argument or the point he ;as 1sbable b_y law. Their system of marriage, their systems of religion, 

making. It was only as to the fact of the opinion of Senator Mor- the relations of the sexes, are wholly and utterly different from our ton. Now, mybeliefistbat there is nothing which could havemore own. It was only the other day that we heard the practice of 

distressed that distinguished Senator and lover of liberty than to polygamy in Utah discussed in this body. 'Jlhere was not a man in 

have the opinion a cribed to him which the Senator has a cribed on this body who did not raise his hands in horror at it. There was the authority of this meeting. difference of opinion as to the means of stopping it; but that it was Mr. McMILLAN. Will the Senator from Delaware allow me to a social aud political evil, and an evil fatal to the existence of are- ask him to read again the sentiment ascribed to Senator Morton l publican state, was admitted everywhere. And in theca e of these 

:Mr. BAYARD. With pleasure. I may remark that it is ascribed oriental populations what have you! You know partly, not thorto Senator Morton atfU the committee with whom he acted: onghly ~d ~e~, bu~ you know well enough to judge, what the marlThe late Senator Morton joined with the other members of the committee in de- tal relatiOn IS ill Chma; and how can any American speak of com- claring that "it has become painfully evident that the Pacific ooast must in time par~g that with the monogamy existing in this country, or the 

eit.her oecome American or Mongolian;" also, that" the Chinese have advantao-e.s relat10ns of the sexes under their different institution of marriao-e' 

which will put ~hem fltl' in advance in the race for po ession; they can su.b:dst Who desires to see the American matron de~Z:raded to the positio~ of 

where tbe Arnencan -lould starve; they can work for warres which will not fur- the so-called Chinese wifie,. ~ nish the barest necessaria of life to an American." "' r 

Mr. Mc~IILLAN. The committee referred to in that extract as I No, sir, the civilizations are totally distinct and different; they nn_ d_ erstan<l it, w_a: a committee of_ the Senate :tppoi·nted I·n 1877 w'hich are founded upon different bases; they lead to different results; they .. cannot be followed under the same political forms and I do not see vistted the P amtic coast, of which Senator l\lorton was the chair- how any intelligent man, studyin!l the history and character of the 

mau, and of which I had the honor to be a member. The Senator's Ch · 1 h · ~ collea!!ne [Mr. SAULSBURY] was al o a member of that committee. mes.epeop ~' t euhabitsl and traditions, the results, consequences, ~ and accompamments of therr peculiar a.nd wonderful civilization can The committee journeyed. to the Pacific coast aud remained and spent believe that a republic is possible under such conditions. Theu! im- some weeks there. 

Mr. FARLEY. If the Senatorwill allowme to correct him as to a mense superiority inpoint of numbers we all admit. It is that very ti f d h fact th~t rise like a da!k cloud in tJ:e mind of every man, woman, 

que · ~no ate,~ e commi_ttee that was appointed to investigate and ?hild upo~ the Pacific slope. It IS the very fact of their mighty 

the Chmese questwn, of which Senator Morton was chairman was and mexbaustible numbers, that creates alarm and consternation on appointed in 1876, and the investigation took place in the city of that coast. It has been truly said that if the practice of infanticide 

San Fmndsco in October and November, 1876. wer~ arrested for only ten years in China, the natural increaseofpopMr. McMILLAN. I understand that; but the extract quoted by ulat10n ~ould be sufficient to swamp the American population upon t~e ~~n~t~r from Delaware refers ~o a committee a~pointed in 1877, the Pacific slope. I find from the same paper from which I have 0 w IC enator Morton was cha.rrman, and of which committee I read and which I ask to have published in the RECORD for the benhad_ the honor to be 3: me~~er . . We were together during a period efit of the Senate-

?f s~x ~eeks, and I W1sh, m J ustwe to Senator Morton's memory and I . . . . . m JUStice to myself to say that I nev,er heard an intimat·o fr It_has been calculatedthatthenumberofChrnesern9aliformalSabont~50,000,or • ' I n om neatly 20 per cent. greater than the number of male whites capableofbeann~; arms. 
1590 CONGRESSIONAL RECORD- SENATE. MABen 3, 

Although forming one-sixth of the total population of California, they pay less than one four-hundredth part of the revenue required for the State government. In the city of San Francisco theynum ber from 35,000 in summer to 40,t'OO and 50.000 in winter, when many come in from the country. In his testimony before the Senate com- mittee Alexander Badlam, assessor of San Francisco, said the Chinese in the city 

have personal property to the amount of $500,000, and real estate to the amount of $300,000 asse sed to them, thereby only payinj!: one three-thousandth part of the taxes, although forming nearly one-sixth of the population. Nearly $8,000,000 are sent home to China annually on the Pacific coast. The Chinese women are imported almost wholly for the,urpose of prostitution, San Francisco being cursed with about four thousand o these human chattels, and whose contamination a.nd pollution are destroying our youths. 

Mr. President, I would ask any Senator, does he believe that a State, with such an element of population, if it shall continue to 

flow in with _ a mighty current until it shall become a majority of 

the people, is capable of being a republican State in any sense demanded by our Constitution Y If, then, in those States that are, 

and in those inchoate States that are to be, this impossibility, this 

inheront impossibility of republican government exists, can you 

with fidelity, not simply to our civilization, which may be a more indefinite phrase, but to the Federal Constitution itself, which com- pels the Union to guarantee a republican form of government to 

each State-can you withhold a remedy to an evil, which so appallingly threatens to create a class of States within our Union not 

republican in form or substance, and to change the American to the 

Mongolian system of civilization¥ 

Mr. President, I have said as much as, perhaps more than, I intended when I rose. There are many other features of this law, there are many other results of this law, of deep and great interest, but I 

have said enough to satisfy me that I should be wrong, in the face of 

the facts proven to exist, and in full hearing of that cry of distress 

from that section of the country, if I did not feel authorized by the 

very spirit of comity, and by this treaty deliberately and voluntarily 

ma-de and solemnized between these two nations, to apply a remedy, 

and apply it at once, and for a practical period, not ten years short 

and unstable. 

Here perhaps I may as well present for insertion in the RECORD 

the "appeal" to which I have alluded. 

An appeal to the working men and women of the United States. 

The representative assembly of trades and labor unions of the Pacific coa-l'lt, 

having appointed a. committee some three months ago to collect statistics on the Chinese cooly-labor question, now present the result of its' investigations as con- taine<l herein. The time has come when decisive action must be taken to stOJ? Chinese immi.- ~ation. A bill will be introduced in the United States Senate m December by :senator MILLER, of California, totally probJ.oiting Chinese immigration into the United States, and the other California Representatives have promi ed to support the bill for this purpose. The people of California desire the hearty co-operation of all intere ted in the freedom and elevation of labor throughout the United States to agitate this question by public demonstra.tion at the time the bill is in- troduced in the Senate, and thus bring the pressure of public opinion to bear upon Congress, in order to show that the people are alive to the importance and gravity of the situation. The experience of thirty years of Chinese cooly competition with free white labor on the Pacific coast entitles us to speak with every degree of authority as to its ternicious and (legrading effects. This competition is inevitably destructive, 

all{ ·will be certain to force the laboring American down in habits and expenses of life to the level of the half-barbarian. Labor should be honorable and honored, anu not degt·aded by being compelled to compete wit.b a debased and servile ra-ce. ln the strnggle between cooly and free white labor the latter is heavily handi- capped. The cooly brings 11either wife nor family with him; consequently he finds no difficulty in underbidding the Caucasian worker, who maintains his familY. in a decent, civilized manner, ana has been taught to believe that honorable toil is worthy offrnore than a bare subsistence. The cooly comes here with the sole purpose of accumulating all the money he can. To do so he lives poorly, crowded 

together as close as pos ible without regard to sanitary requirements-a hundred of them being contented in a bon e not large enough for ten of our own race-and, as a consequepce, they have de>eloped all the evils engendered by such over- crowding and close personal contact. His five thousand years' training to wretched 

frugality in competition with his five hundred million of fellow-Mongolians bas taught him bow to liv-e upon the least possible amount of air and food. The con- tl.ict of t11e two races in California has, so far, only been a question of the" survival of tile CHE.APEST, 11 and not a " survival of the fittest." Cheap lab01·, as such, is a curse to any country-even from a dollar-and-cent stand-point. The policy of cheap illbor is a policy tending to the degradation and decivilization of the many by the enrichment and advancement of the few, and a,.-, such we must oppo e it. The permanent prosperity of a country depends upon the just distribution of the wealth of labor among the producers of it. 

In 1877 a Congressional committee was appointed to take evidence in California from all classes of the community in order to arrive at an intelligent estimate of the influence and probable results of unrestricted Chinese immigration. After im- partially investigating the question, in their report they spoke of the Chinese as "making their way by revolting characteristics and by dispensing with what 

would be mere necessaries in modern civilization." The late Senator Morton joinetl with the other members of the committee in.declaring that "it has become painfully evident tbat the Pacific coast must in time either become American or Mongolian ; 11 also, that " the Chinese have advantages which will put them far in advance in the race for possession; they can subsist where the American would 

st-arve; they can work for wages which will not furnish the barest necessaries of life to an American." The evidence taken before the California. State senate committee on ChiueRe 

immigration, at Sacrament.o, in 1878, when testimony was taken from witnesses of allclasses-clergymeu,judo-es, lawyers, ship captains, State and city officials, &c.- fully sustained the general belief of the people of California. ad to J:he disastrous consequences of Chinese presence in this country. 

THE GRE.AT NUMBER. 

It has been calculated that the number of Chinese in California. is about one hundred and tift,y thousand, or nearly 20 per cent. greater than the number of male whites capable of bearing arms. Although formin"' one-sixth of the total popula- tion of California, they pay less than one four-hnnd'redth part of the revenue re- quired for the State ~overnment . In the city of San Francisco they number from thirty-five thousand m summer to forty and fifty thousand in winter, when many come in from the country. In his testimony before the Senate committee, Alexan- der Badlam, assessor of Sa.n Francisco, said the Chinese in the city have personal 

property to the amount of $500,000, and real estate to the amount of $200,000 

assessed to them, thereby only paying one e1rel'-~housa.ndth pr.rt of the taxes, 

although forming nearly one-sixth of the population. · Nearly $8,000,000 are sent home to China. annn~J on the Pacific coast. The Chinese women are imported almost wholly for the purpo ·e of prostitution, San Francisco being cursed with about four thousand of these humau chattels, and whose contamination and pollution are destroying our youths. Our objections t.o the Chinese may be summed np as follows: They underbid white men in the labor market; purchase litt\e or no American products and man- nfacture ; live squalidly crowded together, constantly en"'endering disea e ; un- like wllite immigrants, they do not come to make homes with us and help build up the country, but come without wives or children; they do not and cannot a inn- late with tbe Caacasian race ; they continue their heathenish religion and cus- toms; evade our illws, especially internal revenue, whenever possible; use the tate and Federal laws frequently to carry out sentences which have been awarded b their own secret tribunals, and also to keep Chinese women in a state of bondage and prostitutimt, these poor creatures being openly bought a.nd sold among tllem; 

llave secret tribunals of their own for trying and punishing those who dare to Teuel against the arbitrary authority of the Chinese companies, which, unde1· the name of benevolent as~oeiations, virtually control nearly all the Chinese in the State, these companies, ,t.hrough their agents, making contracts to supply workmen, 

receiving the wag from the white contractor and settling with the Chinese cooly after therr own fas ·on. Recent developments show that the Six Companies have been increased to nine in number. The dangerous criminal element among the Chinese, known as "Highbinders "-men ready for any deed of violence for a money considemtion-lea~ed with the gamblers and others, have lately succeeded in gaming control of the uhinese companies, who levy blackmail and collect head- tax. One company alone collected $4,000 head-tax on the departure of the China steamer this month-November. This latter practice is carried on in defiance of a State law passed by 1he last Legislature to prevent such infamous extortions. The results in all occupations where the Chinese compete with white labor are most disastrous to the latter. In ci~ar-making they have nearly driven out the whites. In 1878 there were about five hundred white cigar-makers in San Fran- cisco. At present they number only one hundred and seventy-nine. The Chinese 

cigar-makers number 8,500. A large quantity of tobacco is brought to California from the East, manufactured into cigars by Chinamen in San Francisco, and re-' shipped east, to the amount of sixteen to eighteen million cigars a month, thm1 directly competing with eastern white labor. The white cigar-makers of Califor- nia have suffered more from the Clll'Re of Chinese labor than any other trade, most of whom, despairing of any improvement in the future, have left the State or en- gaged in other employments. 

In view of the foregoing facts, we repeat our a-ppeal to the producers of the United States to agitate this question when the bill is introduced in the Senate, 

a,nd thus arouse the public to the danger that is threatening white labor through- out the Union. Unless stringent measures are adopted to entirely prohibit emi- W'ation we a.re lost, for the evil, although greatest on the Pacific coast, is working 1ts way eastward, and all large cities now have their Chinese colony. To be fore- warned is to be forearmed. The experience of the Pacific coa t must be heeded as a. warning to the eastern people to crush the evil before it is too late. By united effort success is assured. Our cans~ is just, and shoulu prevail. 

Twenty years is short enough for this; and for that reason I hope 

there will be no hesitation in assenting to this perfectly Teasonable 

proposition, so amply authorized by the terms of the treaty, that we may "suspend such coming or residence but may not ab olutely prohibit it;" and that this Dl.easurEf of relief may be passed and pa ed 

speedily to relieve the apprehensions of our own people, of our own race, of our own citizens upon the Pacific coast. I propose, after this 

amendment has been disposed of, to offer one or two amendments 

which I may as well explain while I am up to save the trouble of 

further discussion. 

The PRESIDENT pro tempore. The Senator from Delaware .can hand his amendments to the Secretary and have them printed. 

Mr. BAYARD. I do not propose to ojfer any amendments at this 

moment, but merely to suggest them so that when I do offer them 

they may be understood, for I do not think they will be objected to, 

and this may save me the trouble of further discussion hereafter. 

In section 2 there is a penalty against the master of any ves el 

bringing this class of immigrants within the jurisdiction of the 

United States. I think that the penalty is too roughly affixed a~d 

that no man should be punished who does not "knowingly" violate 

this law. I believe the word "knowingly" should be interpolatl8d on the second line of the second section after the word" shall." I 

think further that on the third line not only should there be the 

words "knowingly on such vessel bring within the jurisdiction of 

the United States" but the words should also be inserted " and permit to be landed." The two things I think should be necessary to 

constitute the offense, first that there wa.s th 'ntent to violate the 

act, and next that the spirit of the act had been violated by permitting the landing of this class of people, because one or two might 

be on board a vessel secreted without the knowledge of the master as is often times the case in voyages bet ween here t nd Europe, and be 

discovered afte1· the ship had left port; and yet it would subject the 

captain to malicious prosecution by some one who proposed to levy 

black-mail on him. I have no don bt the amendments are reasonable 

and they will probably be accepted by the honorable Senator from 

California. 

I should also be disposed to enlarge the time, after the passage of 

this act, for this class of people to come in and make it ninety days 

instead of sixty, but that is simply a question of detail, not affecting 

the main object of the bill, but I think relieving it from any po sible 

hardship in individual cases where from want of knowledge of the 

law the thing may be attempted, for the penalties are very !evere 

involving heavy fines and long imprisonment. 

Mr. HARRIS. I move that the Senate proceed to the consideration of executive business. 

MI·. HOAR. I desire to ask the Senator from Tennessee if he ex- pects to resume legislative business after the executive session 7 

Mr. HARRIS. I have no such expectation, Mr. President; but I am quite satisfied, with the amendments already suggested, that thiR 

bill cannot be finally acted on to-night unless we sit to an unusualll 

late hom. • • 
I 

i 

1882. CONGRESSIONAL RECORD-HOUSE. 1591 

T1Je PRESIDENT pro te;mpore. The question is on the motion of 

the Senator from Tennessee. 

.Mr. MILLER, of CaliforRia. I think we can dispose of thi bill 

in half an hour. If we keep right at it we can do it easily in half an hour. Most of the amendments are unimportant and can be readily 

pns ed on. I insist upon having a vote to-night. 

Mr. ALLISON. I thought the Senator from Neva<la [Mr. Jo ~ms] 

wanted to speak on Monday.. . . . 1\fr. MILLER, of Califorma. He has Withdrawn h1s request m 

that re~ard, and I ~hall be gl:;d i~ the nate will continue the con- sideration of the btll, and firush 1t to-rught. 

Mr. TELLER. I am wil~g ~o vo~ to continue this bill, but I 

have no idea that we can fimsh 1t to-mght. 

Mr. MILLER, of California. Let us try it. 

The PRESIDENT pro ternpore. The qne§Jtion is on. the motion of 

the Senator from Tennessee, that the Senate proceed \)the consideration of executive business. , The motion was agreed to; there being on a di ision-ayes 29, 

noes 22. 

The Senate thereupon proceeded to the consideration of executive 

business. After seven minutes spent in executive session the doors were re-opened, and (at four o'clock and twenty-five minutes p.m.) 

the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, March 3, 1882. 

The House met at twelve o'clock m. Prn.yer by the Chaplain, Rev. 

F. D. POWER. 

The Journal of yestm·day was read and approved. 

CLAIMS FOR. HORSES LOST. 

Mr. HASKELL, by unanimous consent, introduced a bill (H. R. 

No. 4776) to provide for the payment of claims for horses used in. the 

service of the United StaLes; which was read a first and second trme, 

1·eferred to the Committee on War Claims, and ordered to be printed. 

ESTATE OF JAMES RILEY. 

~lr. llA.SKELL also, by unanimous consent, introduced a bill (H. 

R. No. 4777) for the relief of the estate of James Riley; which was read a first and second time, referred to the Committee on Claims, 

and ordered to be printed. 

TRUE E. G. PETTENGILL. 

Mr. HASKELL also, by unanimous consent, introduced a bill (H. 

R. No. 4778) for the relief of True E. G. Pettengill; which was read a first and second time, referred to the Committee on Appropriations, 

and ordered to be printed. 

WILLIAM: C. BRIE..~. 

1\lr. HASKELL also, by unanimous consent, introduced a bili (H. R. No. 4779) for the relief of \Villiam C. O'Brien; which was read a. fhst and seeoud time, referred to the Committee on Claims, and 

ordered to h~ printed. SOLOMON SPITZER. 

1\fr. BLIS·i, by 1manimous consent, introduced a. bill (II. R. No. 

4780) for th u relief of Solomon Spi~zer; which was ~en.?- a. :first and 

second timtl, referred to the Comm1ttee on Appropnatwns, ancl or- dered to be printed. 

EVENING SESSIONS FOR PENSIO~ BILLS. 

Mr. BROWNE. I am directed by the Committee on Invalid Pen- sions to ask that the evenings of Monday and Friclay of next week 

be set aside for the consideration of private pension claims on the 

Calendar ; and that the House take a recess on those evenings from 

half past fom until G.1f past seven o'clock, for the consideration of 

such claims only, no other business being transacted. 

1\Ir. TURNER, of Kentucky. I object. 

1\fr. BROWNE. 1 Do I understand that objection has been made? 

The SPEAKER.• The gentleman from Kentucky ouj ct~:>. 

1\.fr. TURNER, of Kentucky. If in order I will state to the Rouse 

the r ea ons for my objection. 

MARINE HOSPITAL, MEMPHIS, TE~NESSEE. 

Mr. MOORE. Mr. Speaker, I ask unanimous consent that the bill 

S. No. 1233 be taken from the Speaker's table and put upon its passage at this time. 

The SPEAKER. The Chair will cause the title of the bill to be 

rearl, after which objection will be asked for. 

The Cle1·k read as follows : 

A bill (S. :ro. 1233) to amend an act entitled " .An act to provide for the construc- tion of a marine hospital iQ. the city of Memphis, Tennessee." 

Mr. HOLMAN. Let the bill be read, subject to objection. 

The bill was read a first and second time. It is as follows: 

_Be it enacted, d':c. , That the act entitled " An act to pronde for the construction or a marine hospital in the city of M emphis, T ennessee," approved :May 3, 1880, 

bo, and the same is hereby, amended by inserting- after tbe word " purcha.se," in 

the second section of said act, the words '' at voluntary sale or by condemnation ;" so that it will read : · That the Slll'geon-General of the Marine-Hospital Service be, and b e is h er eby, 

·' 

authorized and empowered to procw·e a proper site in or near the city of Memphis, Tennessee, and cause ro be erected thereon a building suitable for a marine hospital, after plans and specifications which shall be furnished under his direction 

by the Sur.ervising Architect of the Treaaury Department. SEC. 2. rhat the sum of $30,000, or so much thereof as may be necessary, be and 

the same is hereby, appropriated~ out of any money now in the Treasurynotother- wi. e appropriated, robe expendeu by the Secretary of the Treasury in the purchase, at voluntary sale or by condemnation, of said site and the erection of the aforP.said 

builtling thereon ; and the cost. of the site and the e~ection of the building shall in no event exceed the sum hereby appropriated. 

1\Ir. HOLMAN. I have no wish to object to the present consideration of the bill, but it seems to me that tke gentleman from Tennes- see ought to be permitted to explain why it is that this bill is neces- sary. 

Mr. MOORE. The appropriation for the construction of this building was made by the la-st Congress, but by the time the building was to begin it was discovered that there was a flaw in the title. The 

Department of J nstice, with a view to clearing the title, inserted this 

amendment to the original bill, and ask its adoption by Congress. 

This bill is therefore, Mr. Speaker, to clear the title only and permit 

the construction to go on. Mr. ATKINS. I will state to the gentleman from Indiana. that it 

is a mere re-enactment to cure a. faulty tit.le. The bill was ordered to be read a. third time, and, being read the 

third time, was passed. 

Mr. MOORE moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. · 

The latter motion was agr~ed to. 

LICENSE FEES OF OFFICERS OF STEAM-VESSELS, 

Mr. RICHARDSON, ofNew York. Mr. Speaker, I am authorized 

by the Committee on Commerce to ask unanimous consent to take 

from the House Calendar the bill (H. R. No. 1302) in relation to 

license fees of officers of steam-vessels, and put it upon its passage. 

The SPEAKER. The Chair will cause the title of the bill to be 

read, after which objection to its present C0118ideration will l)e asked 

for. 

The Clerk read as follows: 

A bill (H. R. No. 1302) to amend section 4458 of the Revised Statutes, relating to license fees of officers of steam-vessels. 

l\Ir. 1\llLLS. Let the bill be read. 

The bill was read. It is as follows: 

B e it enacted, &c. , That section 4458 of the Revised Statutes be, and is hereby, amended by striking out the words " ten dollars " in the eleventh line, and inserting in lien thereof the words " one dollar and fifty cents," and by striking out the 

words " five dollars'' in the twelfth line and inserting in lieu thereof the words " seventy-five cents." 

1\Ir. DUNNELL. Ithinkthisisa.veryimporta.nt bill. Itinvolves 

the revenues of the Government quite largely, and there should be some explanation in reference io it. 

1\lr. RICHARDSON, of New York. I will make a. statement if the 

House will p ermit me. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

1\Ir. CAMP. I desire to object, but will reserve the objection until 

the gentleman makes his statement. 

Mr. RICHARDSON, of New York. I will state, 1\Ir. Speaker, that 

in 1852 the license fees were $5 for each engineer and pilot of steamvessels, and $1 for each renewal. In 1864 this was increased to $10 

for each, and no reduction on renewal. By an act passed Febrn-. ary B, 1871, the number of persons who were compelled to take out 

license was increased. All of these license fees have been accumu- lating in the Treasury, and are used to create a. fund with a view to 

making the service of inspection self-sustaining. There is now in 

the Treasmy of the United States over $600,000 collected from these 

fees, and also collected on inspectors of vessels, which sum is lying 

there in the Treasury at this time. This is the only class of individ· 

ua.ls in the Uu.ited States to-day who are compelled to pay a license 

tax, and these persons have been paying these fees into the Treasury for the last fifteen years. It is only just that they should be 

relieved from the payment of this personal tax. I ask, therefore, 

that the bill be taken from the Calendar and put upon its passage. 

Mr. REAGAN. In addition to what the gentleman from New York 

ha-s said I desire to state that in three different Congresses the Committee on Commerce have agreed substantially to this reduction. 

The bill was ordered to be engrossed and read a. third time ; and 

being engrossed, it was accordingly read the third time, and passed. 

Mr. RICHARDSON, of New York, moved to reconsider the vote by 

which the bill was passed; and also moved that the motion to recon- sider be laid on the table. The latter motion was_ agreed to. 

MISSISSIPPI RIV'"ER IMPROVEl\-IENT. 

Mr. GIBSON, by unanimous consent, introduced a bill (H. R. No. 

47S1) making appropriations for the construction, repair, completion, 

and preservation of certain works on the Mississippi River in accord- ance with the recommenda,tions, plans, specifications, and est imat.es of the Mississippi River Commission; which was read a first a.ud 

second time, referred to the Committee on Levees and Improve- ments of the Mississippi River, and ordered to be printed.