526 CONGRESSIONAL" RECORD-.· SENATE. JANUARY 10,

-SENATE.

TUESDAY, J anuary 10, 1899.

Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. The Secretary proceeded to read the Jom·nal of yesterday's pro­

ceedings, when, on motion of Mr. LODGE, and by unanimous con­sent, the further reading was dispensed with.

The PRESIDENT pro tempore. The Journal will stand ap­proved, without objection.

REPORT OF BUREAU OF ANIM.A.L mDUSTRY, The PRESIDENT pro tempore laid before the Senate a commu­

nication from the Secretary of Agriculture, transmitting, in com­pliance with the requirements of section 11 of the act approved May 29,1884, the report of the operations of the Bureau of Animal Industry for the fiscal year ended June 30, 1898; which, with the accompanying repor~, was referred to the Committee on Agricul­ture and Forestry, and ordered to be printed.

HOSPITAL WORK IN PORTO RICO. The PRESIDENT pro tempore laid before the Senate a commu­

nication from the Secretary of War, transmitting a letter addressed to Col. W. I\1. Black, Corps of Engineei.·s, by Lieut. Col. Heney G. Sharpe, commissary of subsistence, San Juan, Porto Rico, sug­gesting that steps be taken to secure some fitting testimonial -in recognition of the hospital workJlerformed by 1-Iargaret Living­ston Chanler and Anna Bouligny in Porto Rico during the recent

' campaign, and recommending the proposed measure; which, with the accompanying papers, was referred to the Committee on Mili­tary Affairs, and ordered to be printed.

PETITIONS .AND MEMORIALS, Mr. VEST presented a memorial of Cigarmakers' Union No.

• 328, of :Maryville, 1\fo., remonstrating against any extension of the sovereignty of the United States over the Philippine Islands in any event, or other foreign territory, without the free consent of the people thereof; which was referred to the Committee on Foreign Relations. ·

He also presented a petition of 207 citizens of Cameron, Mo., praying for the enactment of legislation to prohibit the sale of liquor in canteens of the .Army and Navy and of Soldiers' Homes, and in immigrant stations and Governmentbuildings; which was referred to the Committee on Military Affairs.

Mr. McMILLAN presented a petition of sundry citizens of De­troit, Mich., praying for the enactment of legislation to prohibit the sale of liquors in canteens of the Army and Navy and of Sol­diers' Homes, and in immigrant stations and Government build­ings; which was referred to the Committee on Military Affairs.

Mr. LODGE presented a petition of the Board of Trade of Bev­erly, Mass., praying for the enactment of legislatio~ to increase American shipping; which was referred to the Committee on Commerce.

Mr. KYLE presented a petition of the Commercial Club of Sturgis, S. Dak., praying for the ea1·ly consti·uction of the Nicara­gua Canal by the Government; which was ordered to lie on the table.

Mr. CHILTON presented the memorial of Joseph Faust and sun­dry other citizens of Coma! County, Tex., and the memorial of H. Fischer and sundry other citizens of Fischer Store, Tex., remon­strating against any extension of the sovereignty of the United States over the Philippine Islands in any event, or any other for­eign country, without the free consent of the people thereof; which were refeTred to the Committee on Foreign Relations.

Mr. GEAR presented a petition of sundry citizens of Louisa and Muscatine counties, Iowa, praying for a continuance of the rural free mail delivery; which was referred to the Committee on Post­Offices and Post-Roads.

Mr. SMITH presented the petition of E. N. Brown, superin­tendent of the Congregational Sunday school, and 127 other mem­bers, all of Newark, in the State of New Jersey, and a petition of sundry citizens of New Jersey, praying for the enactment of leg­islation to prohibit the sale of liquor in canteens of the Army and Navy and in Soldiers' Homes and immigrant stations and Gov­ernment buildings; which were referred to the Committee on

· Military Affah·s. Mr. HOAR presented petitions of the Board of Trade of Glouces­

ter, of the Board of Trade of Beverly, and of the Maritime Ex­change of Provincetown, all in the State of Massachusetts, pray­ing for the enactment of legislation to increase American shipping; which were referred to the Committee on Commerce.

He also presented the memorials of Dr. T. C. Mendenhall and 12 other members of the faculty of the Worcester Polytechnic In­stitute, of John Ormstead and 3 other citizens, C. H . Dickinson and 5 other citizens, P.M. Crane and 3 other citizens, Thomas E. Halloran and 18 other citizens, Ralph H. White and 15 other citi-

zens, Oscar F. Allen and 6 other citizens, and of F. A. Riley and41 other citizens, all in the State of Massachusetts; of FI·ank L. Hinckley and 5 other citizens, of W. I. Comstock and 9 other citi­zens, of Lucien Sharpe ru1d 6 other citizens, of Lucien Sharpe, jr .. and 1 other citizen, and of FrankL. Day and 4 other citizens, all in the State of Rhode Island; of Horace Andrews, William J. Youmans and 6 other citizens, Stephen C. Hunter, and .Antonio Knautle, all in the State of New York; of E. ~I. Dawson and 4 other citizens and of W. P. Russell and 40 othe1· citizens, all in the State of illinois; of Geru·ge F. Edmunds and 14 other citizens and of G. E. Shupp and 9 other citizens, all in the State of Penn­sylvania; of J. R. Clark and 5 other citizens and of William Holabird and 5 other citizens, all in the State of California; of George R. Buddemeyer and of F. W. Parson and 11 other citi­zens of Kentucky; of Fred Kamper and 23 other citizens and of William Guenther and 41 other citizens of Missouri; of William Pinckney Whyte and S1 other citizens of Maryland; of Francis H. De Groat, of West Superior, Wis., and of C. W. Norris and 3.6 other citizens of Ohio, remonstrating against any extension of the sovereignty of the United States over the Phili}>pine Islands in any event, and over any other foreign territory without the free consent of the people thereof; which were referred to the Com­mittee on Foreign Relations.

REPORTS OF COMMITTEES.

Mr. VEST, from the Committee on Commerce, to whom was referred the bill (S. 493.2) to authorize the construction of a bridge across the Missouri River at or near Chamberlain, S.Dak., reported it with an amendment.

He also, from the same committee, to whom was referred the bill (S. 5Q04) to authorize the construction of a bridge across the Missouri River at or fnear Oacoma, S. Dak., reported it with amendments.

Mr. VEST. I call the attention of the Senators from South Dakota to these two bills. They are for the construction of bridges across the :Missouri River at the same point. The com­mittee has put an amendment upon them so as to provide tbat the bridges must be constructed at least 1 mile apart. There seams to be a contest on the subject, and it is not proposed that the Sen­ate shall take any part in it.

The PRESIDENT pro tempore. The bills will be placed on the Calendar.

Mr. VEST, from the Committee on Commerce, to whom was referred the bill (S. 4994) to authorize the construction of a bridge across the Savannah River from the mainland of Chatham County, Ga., to Hutchinson's Island, in said county,- reported it with amendments.

He.also, from the same committee, to whom was referred the bill (H. R. 5428) to authorize the construction of a bridge over the Tennessee River at or near Sheffield, reported it without amendment.

He also, from the same committee, to whom was rcfel'l'ed the bill (S. 5047) to revive, reenact, and amend an act to authorize the construction of a bridge across the Missouri River at or near the city of Lexington, Mo., reported it with amendments.

Mr. MITCHELL, from the Committee on Pensions, to whom was referred the bill (S. 4.955) granting an increase of pension to John T. Hayes, reported it with an amendment, and submitted a r13port thereon.

He a.lso, from the same committee, to whom was referred the bill (H. R. 8037) granting an increase of pension to Lizzie Waltz, reported it with an amendment, and submitted a report thereon.

He also, from the same committee, to whom was referred the bill (H. R. 2867) granting an increase of pension to Henry 0. Briggs, reported it with an amendment, and submitted a report thereon. ·

Mr. PLATT of New York, from the Committee on Na-val Af­fairs, to whom was referred the bill (H. R. 314) for the relief. of W"illiam H. King, reported it without amendment, and submitted a report thereon.

Mr. KYLE, from the Committee on Pensions, to whom was re­ferred the bill (S. 4982) granting an increase of pension to Amanda F. Jumper, reported it without amendment, and submittecl are­port thereon.

Mr. SHOUP, from the Committee on Pensions, to whom was re­ferred the bill (H. R. 2157) granting a pension to Herman Dellit, reported it without amendment, and submitted a report thereon.

Mr. CHANDLER, from the Committee on Naval Affairs, to whom was refexred the bill (S. 5006) to restore to their original status as to promotion officers of the Navy and 1\Iarine Corps who lost numbers by reason of the advancement of other officers for exceptional a.nd meritorious service during the war with Spain, reported it without amendment.

Mr. HALE, from the Committee on Naval Affairs, to whom was referred the bill (S. 5074) fixing the pay of certain chiefs of bureaus

1899. CONGRESSIONAL RECORD-SENATE. 527 in the Navy Department when retired, reported it with amend­ments.

Mr . PRITCHARD, from the Committee on Pensions, to whom was referred the bill (H. R . 5798) granting an increase of pension to SamuelS. Patterson, reported it without amendment, and sub­mitted a report thereon.

Mr. GALLINGER, from the Committee on Pensions, to whom were referred the following bills, submitted adverse reports thereon, which were agreed to; and the bills were postponed indefinitely:

A bill (S. 4590) granting a pension to Mary B. Wotring; A bill (S. 4593) increasing the pension of Thomas M. Chill, late

private of Black Hawk war; A bill (S. 4903) granting a pension to Mrs. Jane G. Kelly; and A bill (H. R. 5385) granting a pension to A. C. Litchfield. Mr. GALLINGER, from the Committee on Pensions, to whom

was referred the bill (S. 4854) granting a pension to Isom Gibson, reported it with an amendment, and submitted a report thereon.

He also, from the same committee, to whom were referred the following bills, reported them s:;verally with amendments, and submitted 1·eports thereon: ·

A bill (H. R . 2026) granting a pension to Sarah A. Halter; A bill (H. R . 6625) for the relief of George B. Stone; and A bill (H. R. 8862) granting an increase of pension to Jordan

Thomas. 1\I.r. GALLINGER, from the Committee on Pensions, to whom

were referred the following bills, reported them sev:erally without amendment, and submitted reports thereon:

A bill (H. R . 5402) to increase the pension of Louis Hirsch; A bill (H. R . 9801) granting an increase of pen ion to Emer H.

Aldrich; A bill (H. R. 2981) granting an increase of pension to James W.

Jackson; and A bill (H. R. 795) granting an increase of pension to William

Henry Smith. BILLS INTRODUCED.

Mr. MASON introduced the following bills; which were sever­ally read twice by their titles, and referred to the Committee on Pensions:

A bill (S. 5155) granting a pension to J9hann G. Fleckles (with accompanying papers);

A bill (S. 5156) granting a pension to Stephen Johnson (with accompanying pape1·s);

A bill (S. 5157) granting an increase of pension to Isaac M. Shup; A bill (S. 5158) granting a pension to James Anderson (with

accompanying papers); A bill (S. 5159) granting a pension to F. M. Wallis (with an ac­

companying paper); · A bill (S. 5160) granting a pension to Anna Schuman (with the

accompanying papers); A bill (S. 5161) granting an increase of pension to J. F. Wade

(with an accompanying paper); · A bill (S. 5162) granting an increase of pension to Samuel A.

Houghton (with accompanying papers); A bill (S. 5163) granting an increase of pension to John Rahler

(with accompanying papers); A bill (S. 5164) granting an increase of pension to Lemuel J.

Essen (with an accompanying paper); A bill (S. 5165) granting a pension to Isaac N. Strickler (with

an accompanying pap~r); and A bill (S. 5166) granting a pension to Louisa :M. Keppler. Mr. MASON introduced a bill (S. 5167) to revive and amend an

act to provide for the collection of abandoned property and the prevention of frauds in insurrectionary districts within the United States, and acts amendatorythereof; which was read twice by its title , and referred to the Committee on the Judiciary.

Mr. GEAR introduced a bill (S. 5168) for the relief of Samuel Racey; which was read twice by its title, and, with the accompany­ing paper, referred to the Committee on Military Affairs.

Mr. ELKINS introduced a bill (S. 5169) authorizing the legis­lative assembly of the Territory of New Mexico to create an additional indebtedness for the completion and furnishing of the Territorial capitol; which was read twice byits title, and referred to the Committee on Territories.

Mr. HAWLEY introduced a bill (S. 5170) to amend an act en­titled "An act to reimburse the governors of States and Teritories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the UniteJ States in the existing war with Spain," approved July 9, 1898; whieh was read twice by ita title, and refened to the Com­mittee on Military Affairs.

He also introduced a joint resolution (S. R. 210) authorizing the Secretary of War to receive for instruction, at the Military Acad­emy at West Point, Luis Yglesias, of Costa Rica; which was read twice by its t itle, and referred t o the Committee on Military Affairs.

AMENDMENTS TO APPROPRIATION BILLS. Mr. P ETTIGRE\'V submitted an amendment extending the

laws of each State in relation t o the protection of fish and game over any forest reservation in that State, intended to be proposed by him to the sundry civil appropriation bill; which was referred to the Committee on Forest Reservations and the P rotection of Game, and ordered to be printed.

Mr. ALLEN submitted an.amendment authorizing the Secre­tary of the Treasury to pay the a wards made to the loyal Seminole Indians in accordance with the treaty of March 21, 1866, intended to be proposed by him to the Indian appropriation bill; which was referred to the Committee on Indian Affairs, and ordered to be printed.

He also submitted an amendment authorizing the Secretary of the Treasury to pay to the Osage Indians of Oklahoma Territory a per capita allowance to be deducted from the fund now held by the United States in trust for said Indians, intended to be pro­posed by him to the Indian appropriation bill; which was ordered to be printed, and, with the accompanying paper, referred to the Committee on Indian Affairs.

Mr. LODGE submitted an amendment relative to the salaries of three secretaries of embassy, at London, Paris, and Berlin, intended to be proposed by him to the diplomatic and consular appropriation bill; which was referred to the Committee on Fol·­eign Relations, and ordered to be printed.

He also submitted an amendment authorizing the appointment of not more than six third secretaries of embassy, to be assigned to duty in the several embassies of the United States, or in the Department of State, intended to be proposed by him to the dip­lomatic and consular approp1·iation bill; which was referred to the Committ-ee on Foreign Relations, and ordered to be printed.

Mr. HANSBROUGH submitted an amendment ratifying and confirming an agreement between the United States and the Tur­tle Mountain Band of Chippewa Indians, bearing date October 22, 1892, intended to be proposed by him to the Indjan appropriation bill; which was referred to the Committee on Indian Affairs, and ordered to be printed.

A.M:ENDME "T OF THE RULES. :Mr. CHANDLER submitted the following resolution; which

was read: Resolved, That paragraph 1 of Rule XVI of the standing rules of the Sen­

ate be amended by striking out the words "All general appropriation bills shall be referred to the Committee on_Appropriatioll£1, except bills making appropriations for rivers and harbors, which shall be referred to the Com­mittee on Commerce and" and inserting the following:

"The general appropriation bills shall be referred to committees as fol­lows:

"To the Committee on Appropriations: The bills for legislative, executi vo, and judicial expenses, for sundry civil expenses, and for all deficiencies;

"To the Committee on Agriculture: The bill for the Agricultural Depart­ment;

"To the Committee on Foreign Relations: The consular and diplomatic bill;

"To the Committee on Military Affairs: The bill for the military estab­lishment, including the Military Academy;

"To the Committee on Naval Affairs: '.rhe bill for the naval establishment; "To the Committee on Post-Offices and Post-Roads : The Post-Office appro-

priation bill; . "To the Committee on Indian Affairs: The bill for Indians and Indian

tribes; "To the Committee on Commerce: The bill for rivers and harbors; "To the Committee on Coast Defenses: The fortifications bill; "To the Committee on the District of Columbia: The bill making appro-

priations for the District; and · "To the Committee on Pensions: The pension appropriation bill." Mr. CHANDLER. I ask that the resolution may go to _the

Calendar, and give notice that either the Senator from Montana [Mr. CARTER] or myself will move to proceed to its consideration at the earliest appropriate moment.

Mr. HOAR. May l inquire what is the notice the Senator from New Hampshire just gave?

Mr. CHANDLER. It is not a notice. It is a resolution . Mr. HOAR. I thought the Senator said something about call­

ing up the resolution. .Mr. CHANDLER. I asked that the resolution might go on the

Calendar, and gave notice that either I or the Senator from Mon­tana would move to take it up at the earliest appropriate moment.

Mr. HOAR. Without going to a committee? 1\Ir. CHANDLER. A similar resolution is now before tho

Committee on Rules, but in pursuance of notice I have intro­duced another resolution, the same in terms, which goes upon the Calendar, and I shall move to proceed, as I stated, to its consid­eration at the earliest appropriate moment.

The PRESIDENT pro tempore. The resolution will be placed upon the Calendar.

INVESTIGA.TIO:N BY COMMITTEE ON MA.NUF A.CTURES. Mr. MASON submitted the following resolution; which was re­

ferred to the Committee to Audit and Control the Contingent Expenses of the Senate:

Resolved, That in considering the Sena.te resolution No. 447 the Committee on Manufactures shall have power to send for persons and papers, to ad­minister oaths, and to examine witnesses, under oath, touching the matters

.,

528 CONGRESSIQN.AL RECORD-SENATE. JANUARY 10~

which they are hereby empowered to investigate, and may employ a stenog­rapher for said committee: and the necessary and proper expensl's incurred in the execution of this order shall be paid out of the contingent fund of the Senate, upon vouchers approved by the chairman of said committee; and said committee may sit by subcommittee or otherwise during the sessions and any recess of the Senate, and at such times and places as they may deem expedient.

PERSONNEL OF THE NAVY AND MARINE CORPS, Mr. HALE submitted tbe following concurrent resolution;

which was referred to the Committee on Printing, and ordered to be printed: ·

Resolved by the Se1tate (the House of Representatives concurring), That there be printed 2,000 copies of the bill (H. R. 10403) to reorganize and increase the efficiency of the p ersonnel of the Navy and Marine C-orps of the United States,1,500 copies being for the uso of the House of Representatives and 500 copies for the use of the Senate. •

NA.TION~L ACADEMY OF SCIENCES. Mr. HAWLEY. The National Academy of Sciences, incorpo­

rated by United States law, is required to make an annual rep01·t, and that report is to be printed under the statute in such cases provided, no action being required by the Senate. I am reque3ted by Professor Gibbs to present this report for the year 1898. -

The PRESIDENT pro tempore. Is reference to any committee required? -

Mr. HAWLEY. It is not. It is merely the formal annual re­port of the academy, and the statute passed some years ago pro­vides that the report shall be sent to the Printer every year with-out a special order. ·

PRESIDENTIAL APPROV A.L. A message from the President of the United States, by Mr. 0. L.

PRUDEN, one of his secretaries, announced that the President bad on this day approved and signed the act (S. 4891) to authorize the Choctaw and Memphis Railroad C01;npany to construct bridges across the Arkansas and other navigable rivers in the State of Arkansas.

MISSOuRI RIVER BRIDGE .A.T CHAMBERLAIN, S.DAK. Mr. PETTIGREW. I ask unanimous consent for the present

consideration of the bill (S. 4932) to authorize the construction of a bridge across the Missouri River at or near Chamberlain, S. Dak. It was reported this morning.

Mr. MASON. Ma.y I ask the Senator from South Dakota if this is a matter which will take some time?

Mr. PETTIGREW. No; simply the time to read the bill. Mr. MASON. It will have to be read in full? Mr. PETTIGREW. In full. I want to get it through the

House before we adjourn. Mr. MASON. I will wait. It is a short bill, I see. The PRESIDENT pro tempore. Is there objection to the present

consideration of the bill indicated by the Senator from South Dakota?

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which had been reported from the Committee on Commerce with an emendment, to strike out all after the enacting clause and insert:

That sectio11 6 of an act entitled "An act to authorize the construction of a bridge acr oss the Missouri River at or near Chamberlain, S. Dak.," approved March 13, 1896, be. and here by is, amended so as to read as follows:

"SEC. 6. That this act shall be null and void if actual construction of the brid~e herein authorized be not commenced wi~hin one year and. complet~d withm three y ears from March 13, 1899: P~·omd;ed,. That the br1d~e herem au thorized to be constructed shall not be built Within less than 1 mile of any other bridge across said Missouri River.

The amendment was agreed to. The bill was reported to the Senate as amended, and the amend­

ment was concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. The title was amended so as to read: "A bill to amend an act

entitled 'An act to authorize the construction of a bridge across the 1\Iissouri River at or near Chamberlain, S. Dak.'"

REPORT ON FARM PRICES. Mr. ALLEN. ' I ask unanimous consent to call up the joint res­

olutian (S. R. 55) authorizing the Secretary of Agriculture to prep:ne a repor~, from the data in the possession of the Depart­ment, showing the average fluctuation from year to year in farm prices.

The PRESIDENT pro tempore. Is there objection to the pres­€Jnt consideration of the joint resolution?

There being no objection, the joint resolution was read, and con­sidered as in Committee of the Whole, as follows:

Whereas Table 2, in Circular No. 3, of the Department of Agriculture sug­ges ts that the Department's reports of farm prices made during the last half century would be valuable for the scientific study of the monetary question, if tabulated intelligently and without bias: Therefore,

Resol-r;ed, etc., That the Secretary of Agriculture be, and he is hereby, au­thorized and directed to prepare a report showing the average fluctuation,

year by year, in the price of all the farm products so far as the Depa-rtment has comparable data, whether of it.s own collection or not.

SEC. 2. That it shall be prepared with the view of showing the effect which monetary legislation, including the increase and decrease in our circulation, has had upon the farm prices of all farm products.

The joint resolution was reported to the Senate without amend- · ment, ordered to be engrossed for a third reading, read the third · time, and passed. .

The preamble was agreed to.

MISSOURI RIVER BRIDGE AT OACOMA., S. DAK.

Mr. KYLE. The Senator from Illinois has kindly granted me one moment. I ask leave to call up the bill (S. 5004) to authorize ­the construction of a bridge across the Missouri River at or near · Oacoma, S.Dak. It is a bill which I should like to have passed, if possible, to-day, and it will take but a minute. -_ The PRESIDENT pro tempore. The Senator from South Da- .

kota asks unanimous consent for the present consideration of the -bill indicated by him. ·

:Mr. HOAR. I will give notice that after the present request bas been disposed of I shall object to any further request. There will be an opportunity for such reque~ts after the Senator from Illinois concludes, and I do not think lle ought to be compelled to postpone for an indefinite time remarks which he is ready to make. So after thi<i request is granted I shall object to any further de- · parture from the regular order. ·

The PRESIDENT pro tempore. The Secretary will read the . bill in full for the information of the Senate. ·

Mr. HOAR. - Is it an original bill? The PRESIDENT pro tempore. It is a bill reported from the

Committee on Commerce to-day. Mr. HOAR. I should like to inquire how long the bill is. The PRESIDENT pro tempore. Five pages. Mr. HOAR. I must object to its consideration. It will take

certainly ten or fifteen minutes to read it. It can be . called up at ~ the end of the Senator's remarks. .

'fhe PRESIDENT pro tempore. Objection is made. Mr. KYLE. I shall call up the bill at the close of the speech of

the Senator from Illinois.

GOVERNMENT OF FOREIGN PEOPLE. The PRESIDENT pro tempore. The Chair lays before the~

Senate the resolution which will be read. The Secretary read the resolution submitted by Mr. MASON on:

the 7th instant, as follows: - - - -Where~ all just powers' of g;vernme~t -are derived from the consent of

the governed: Therefore, be it Resolved by the Senate of the United States, That the Government of the

United States of America will not attempt to govern the people of any other, country in the world without · the consent of . the people themselves, or sub· ject them by force to our dominion against their w:m. .

Mr. ~ASON. Mr. President, it is easy to drift with the tid~, · but not always safe. It is pleasant to remain within the harbor when the storm is on without. But_ sometimes the storm-within; the inner conscience, is more dangerous to peace of mind than the· storm without mav be to human life.

The simple resoiution which I have introduced, and which I shall ask a vote upon before the final passage :of any material leg~ islation or treaty upon this subject, does not have necessarily any- . thing to do with the treaty. I do not intend to speak upon that subject.

The remarks (!f the learned Senator from Louisiana [Mr. CAF­FERY] went to the suggestion that we have no constitutional power to acquire territory except under certain conditions, and the remarks of the learned Senator from Connecticut [Mr. PLATT] in answer showed that both gentlemen had been diligent in . searching for conflicting authorities, and they have convinced th~ Senate, I think, that the question still is and always will be un­settled.

The proposition, however, followed by the Senator from Massa-. chusetts [Mr. HoAR], and to which I wish to invite the attention of my distinguished friend from Ohio [Mr. FORA.KER]-and he: knows with what sincerity I say "my friend "-is to the effect, first, that we have no right to acquire teiTitory for an unconstitu­tional purpose; second, that the Constitution must be interpreted in the light of the Declaration of Independence, and, therefore, third, that we have no right under the Constitution to acquire terri­tory for the purpose of governing a people without their consent._

_The resolution which I have offered does not involve a question of law. If I believe at any time in the future I can add to any .. thing suggested by _ distinguished gentlemen, I shall have the. temerity to enter that field of discussion. The resolution I offer involves a question of pqlicy to be pursued by this Republic and requires no learned discussion of constitutional law.

Understand me, Mr. President, I am not apologizing for the resolution nor for my speech. I regret its necessity; but that it is necessary that this treaty-making body of the United States should_

1899. CONGRESSIONAL RECORD-SENATE. 529· declare itself, one side or the other, upon the fundamental princi­ples of om· Government I could demonstrate to you in a moment's reading of the current literature of the day. Could I show _its necessity better than reading one or two ext;racts from leadmg journals describing the situation of our troops about the town of iloilo? One of the great papers of this country says:

In any case the insurgent flag at iloilo will have to come down and give place to the Stars and Stripes. The fact that no American troops were pres­ent at the surrender of the town has nothing to do with the case. The American forces have taken the whole PhilipiJine group and concluded a treaty of peace with Spain by which the islan!ls have all coll?e u_nder the American flag. * * * But peace and authority must be mamtamed; and if the Malay rebel factions can not realize this peaceably, they must be taught the fact in a way that they will understand.

In another place: To raise any other flag than the Stars and Stripes over any town in the

Philippine Islands will h~nceforth be an a.c::t of rebellion against. the estab­lished power of the Umted States and will have to be dealt With accord­ingly.

From this morning's paper I read just one sentence to show that we are entering upon a st.ate of war with the natives of the island, whose only crime is a desire to govern themselves and defend their homes. This is from an editorial in this morning's paper:

That it may mean a long war to suppress the outlaws--

That is what King George called Washington, you remember­and establish American authority over every foot of the Philippines can not deter the Government from the use of force at the earliest practicable moment.

So much, Mr. President, for the situation of the hour, a situa­tion which was not unanticipated by any man who could think fifteen minutes ahead of the present moment, a situation which was as inexorable and as sure of coming as the night follows day.

Then, Mr. President, I ask only an indorsement of the Declara­tion of Independence. Surely American gentlemen will not sneer at my simplicity. Surely American gentlemen have not out­grown this document; and if they have, they will have to pardon me that I have not mentally, morally, and loyally kept pace with them in their wonderful growth.

I appreciate and agree with President Lincoln, .who said, "In the long run you can trust the people;"· but I want the people to hear both sides of this question before the verdict is rendered.

Distinguished editors, writers, and statesmen tell us, and tell me almost constantly, that this doctrine of governing those people without their consent is a part of the platform of the Republican p_a,rty, and they would discipline me because of my opposition. Who dares speak for the Republican party before its convention meets? Who holds in his hand the voice of that great body of liberty-loving men?

That party sprang from the womb of conscience; its great fight wasforhumanliberty;-and if I may prophesy, as other gentlemen are indulged in prophecy, I prophesy that when the Republican party meets again in convention, if the delegates represent the conscience of its constituents, the old plank for human liberty will go in again, and the·rafters of our convention hall will ring again and again, and yet again, when we declare, as we will, for inde­pendence in the Philippine Islands, as we did two years ago for independence for the people of Cuba. ·

Mr. President, I may be charged with speaking for rebels. When did they take the oath of allegiance to our flag? N arne the hour when they have not claimed the right of independence. I am speaking one word for the Philippine Islands, tJut I am speak­ing two words for my own country. A boy treading upon an ant, his father said: ' ' Don't, my boy; that is cruel." A learned man said, "The ant has no nerve centers and can not suffer." "Ah," said the father, ''I am speaking one word for the ant and two words for my boy." A black man thanked a Senator here the other day. He said: ''I thank you, Mr. Senator, for what you have said for my race." The Senator said: "I was speaking one word for your race and two for mine." The one thing that has dwarfed the white race more than any other is the stooping of a hundred years of the white man to hold the black man down. If I am to be branded as speaking for rebels, let me say at the outset I am speak­ing more for my country than for them.

We have learned, and must learn again and again, the simple lesson of the law of compensation. That law is as unfailing as the law of gravitation. There is no vicarious atonement for a nation's crime. I care not what your religious faith may be, no nation has ever committed a crime against a_weaker nation or against her own citizens that the law of compensation has not de­manded settlement. For a hundred years in this country we piled up the wealth of unrequited toil of the slaves. We said, "This is the land of the free and the home of the brave," and sold women and children to the highest and best bidder for cash. No picture could be painted of the genius of our country in which the slave pen and whipping post did not rear their heads. We tore down the slave pen; the auction block came down with it;

XXXII-34

but there was not material enough to make headboards for the graves.

It is with the law of liberty as it is with the law of love-the more you give the more you have. Mr. President, if you, by your prejudice against me, bind me in a chain, your soul, as well as mine, feels the imprint of the bond. When Lincoln, as the instru­ment of God, struck the shackles from a million slaves, he struck the same shackles from your arms and from mine as weH.

You can not govern the Philippine Islands without taxing them. You have not yet their consent to tax them. You propose again to tax without representation. Look out for tea parties. Those semisocial functions are liable to occur, for Yankee Doodle and· Dixie and the Star-Spangled Banner have been heard in the Archi-· pel ago.

Mr. President, in the light of the construction given to liberty by one of the distinguished Sana tors of this body, who has amended the Declaration of Independence in his speech here by inserting the words "some of the people," let me read, in the light of that definition, the definition of liberty as given bv Webster. You 1·emember Kossuth, the great liherator and lover of liberty. He came here in 1851, and you remember how he stirred the hearts of the American people here in Washington long before we had heard of this new interpretation that government was for" some of the people." When Kossuth made his speech in Washington; Webster replied. Remember, Senators, I do not claim any mo· nopoly on liberty. I do not claim for a moment that I love it any .niore.than do yon; but I beg and I pray you to hear this man's definition of liberty-not liberty for me fixed by you. I read from Kossuth's Speeches, page 159. Webster said:

There is, gentlemen, the great element of human happiness mixed up with other. We have our social affections; we have our family affections; but then we h:.tve this sentiment of our country, which imbues all our hearts and enters into all our other feelings; and this sentiment of country is an affection not only for the soil on which were we born; it not only appertains to our parents and sisters and brothers and friends, but our habits and institu­tions, and to the government of that country in all respects. · . ·

We may talk of it as we please, but there is nothing that satisfies the hu­man mind in an enlightened age unless man is governed by his own country and the institutions of his own government. '

Hear this sentence, and remember this if you forget all I shall say to--day. · .

No matter how easy the yoke, though our dearly beloved friends who are going to govern the Philippines may use a silken cord; a golden chain, Webster says:

No matter how easy may be the yoke of a foreign power-

And we are a foreign power so far as the Philippines are con~ cerned; we can not speak their language; we can not read theiy; newspapers-

No matter how easy may be the yoke of a foreign power-no matter how lightly it sits upon the shoulders, if it is not imposed oy the voice of his own nation and of his own country, he will not, he can not, and he means not to be happy under its burden.

No matter how easy the yoke, he means not to be happy. But~ Mr. President, we are told that they can not govern themselves. Where is the st.udent of evolution who talks like this? Where is the man who has read who does not know that all government is made to fit the people· and does not rise either above or below the people themselves? Who does not know the difference between "canned liberty," a.s the distinguished Speaker of the Honse calls it, and the genuine liberty which we enjoy? ·.

No, no; they can not govern themselves. I was told so the other day by one of my beloved constituents, who never governs himself fifteen minutes at a time; but he was willing to take ·an assignment under the present Administration to govern all the Philippines at a fair salary. [Laughter.] ,

Can not govern themselves! Every man who ever owned a slave always said: "Why, you poor, downtrodden slave, I own you for your own good, just to help you; I eat my bread in the sweat of your face just to keep you safe and sound from the ways of danger; and in order that I may continue to exercise this Chris­tian duty do not let me catch you with a spelling book in your hand." [Laughter.]

Can not govern themselves! And we are to say that to-day to the poor, God-forsaken, downtrodden people of the Philippine Islands; and while we whisper the words of consolation into their ears that we are to give them liberty and life, we wink the other eye tothe merchants of the country, and say: "We will extend commer.ce and sell more calico." [Laughter. J My distinguished friend suggested this morning that we ought to rake those islands with our guns and compel their people to wear shirts-not that they need the shirts, but to increase the demand for calico. [Laughter.] . . ~ We are to go to those people and say to them, notwithstanding

Dewey said thE~y are competent to govern themselves-he had handled them without guns; he had had no trouble with them; he had an understanding-we are to say to the people of the Philippine Islands, " You poor, God-forsaken creatures, ~his thing

530 CONGRESSIONAL RECORD-SENATE. JANUARY 10,

gf sovereignty is a great thing; we bought yours somewhere across the water."

Mr. President, did you ever see the Passion Play? Were you reminded when you saw the picture of gentlemen in foreign'lands parting and dividing the homes of the Filipinos without con­sulting them and without notice to the people who live there­were you reminded of the picture in the Passion Play where the garments of the Master were parted by the throw of the dice?

But we are to exercise the right of taxation without representa­tion. We are to govern the ad valorem and the specific duties. Ah, my friends, look out; for once the spirit of imperialism gov­erns the poor and weak 10,000 miles away, look out that that spirit does not touch you nearer home. ·

When Kossuth wrote the declaration of Hungarian independ­ence he had in mind our own Declaration of Independence. So he said here in Washington. For over one hundred years every lover of liberty has pointed to this sentence within this resolution: "All just powers of govem.ment are derived from the consent of the governed."

This sentence, Mr. President, has been a pillar of fu·e by night and a cloud by day to the downtrodden and oppressed all over the world. In the light of this sentence crowns have fallen to the dust and men have stood anew in their own manhood. In the light of this sentence Simon Bolivar, the liberator of South America, laid in blood and carnage the foundation stones of the South American Republics. In the light of this sentence Kosciusko led his Spartan band against the hosts of Russian and Austrian oppressors of his native Poland.

This burning sentence attracted the attention of Lafayette, a-cross the water, and his ships set sail for our relief. In the light of this sentence Garibaldi struck down Bourbon tyranny and carved his name not only in the hearts of loversof liberty in Italy, but all over the world. No, Mr. President, we will not amend that sentence now. We will not insert the word" some" just yet. It has passed beyond the power of this country to amend th.e Declaration of Independence, and when the distinguished Senator from Connecticut and I and all the rest of us are molder­ing in forgotten dust, that sentence will continue to live and to burn, a menace to tyrants and a beacon light to the downtrodden and the oppressed.

We are told by others that we must govern the Philippine Is­lands or abandon them and turn them back to Snain. Are we going to do that with Cuba? Is that our promise to the people of Cuba, that we must either take that island or give it to some other tymnt than Spain? Oh, no. We have said to Cuba, "Go along, my little friend; there is your flag and there is your new republic; you are a friend of the great Republic and not its slave. We have helped to set your flag in the sky. Go on, my brave young re­public, and while Yankee Doodle is whistled on this continent no foreign power shall ever invade your soil." Have we got to govern or abandon Cuba? Is that an honest excuse for grabbing some­thing in violation of the common, honest law of nations? · Let me tell you what our good friend Fox said in the English P arliament, that some of you expansionists read when you were boys and have long since forgotten. I quote his exact language, and I quote the volume of Fox's Speeches at page 61:

The noble lord who moved the amendment said that we were in the dilemma of conquering or abandoning America. What have been the ad­vantages of America to this kingdom? Extent of trade, increase of com­mercial advantages, and a. numerous people growing up in the same ideas and sentiments as ourselves. Now, Sll', would those advantages -accrue to us if America was conquered? Not one of them.

Let me read just a little further from what Fox said in answer to this proposition, made so far by all the people who are in favor of taking the Philippine Islands, whether the people of those islands want us to do so or not. Fox, following on in the same speech on the same day, in reply to the Crown, said:

Such a possession of America must be secured by a standing army­

Is not that true here? and that, let me observe, must be a very considerable army.

Is not that tr.ue here? Aguinaldo has 50,000 men and one climate. Mr. Fox, continuing, said:

Consider, sir, that that army must be cutoff from the intercourse of social fiberty here, and accustomed in every instance to bow down and break the spirits of men, to trample on the rights and live on the spoils cruelly wrung from the sweat and labor of their fellow-subjects. Such an army employed for such purposes, and paid by such means, for supporting such principles, would be a very proper instrument t<> effect points of a greater, or at least more favorite imJ?ortance nearer home; points, perhaps, vary unfavorable to the liberties of this country.

Not one expansionist, not one who advocates the taking of these islands against the consent of the people, but what will tell you in the same breath, "Yes, it is going to be a great tax upon the people of the United States, but we will let the Filipinos pay that tax." They are to pay for our standing army, They are to pay the price of their own chains.

Mr. President, suppose England had accepted that advice of Fox, the great lover of libBrty. They said he was America's friend. Ah, but in the light of history he was a better friend to England. If England had accepted that advice and made us their friend, the hundred years last passed would have shown a different state of affairs between England and the United States of America.

The Filipino, or resident of the Philippine Islands, is begging to treat with us. He knocks at our door to be heard. He loves his home as you love yours, sir, and as I love mine. He has breathed the inspiration of our history; he asks only what our fathers fought for-the right to govern himself. There is no treaty of commercial value to the United States which could b'e suggested that he is not ready and willing to give us. Then it is not the expansion of commerce you want, but it is the expansion of the gewgaws and the tinsels of royalty.

Those of us who pointed out hi the early summer this pre5ent situation-! beg gentlemen to understand I do not want to appear in the light of" I told you so," but those of us in the early sum­mer who told you what would lie in wait for us if we sought to govern those people without their consent knew that it meant war for expansion, war for conquest, war in the denial of our very proposition made in this Chamber when we declared war for the liberation of Cuba.

Let me give notice to you gentlemen who expect to be in poli­tics that if this war goes on, and if we open the guns, as we threaten to do within ten days, upon the women and children in the island of Iloilo, the father in New England will begin t.o plead for the father in Manila, the mother in Illinois will begin to pray for the mother in the islands of the sea, and the fathers will vote as the mothers pray. God Almighty help the party that seeks to give civilization and Christian liberty hypodermically with 13-inch guns.

Mr. TILLMAN. Will the Senator allow me to ask him a ques­tion?

Mr. MASON. Yes, sir. Mr. TILLMAN. You have stated that we are likely to have

war in ten days. Mr. MASON. No; I did not state that. I said within ten days

we have served notice that before we turned our guns upon them we would give them notice to take their women and children out­Weyler.

Mr. TILLMAN. I wish to ask the Senator by what authority of law the President will begin a war with the Filipinos until the treaty is ratified and the cession is completed. Does not the pro­tocol under which the armistice was entered into continue as the only legal status?

Mr. MASON. I so understand it. Mr. TILLMAN. Can, then, the President order a single gun

fired unless this Congress shall pass a resolution declaring war against the Filipinos-! mean legally?

Mr. MASON. No; he cannot. Have we got to fight and plead for those people in the Philippine

Islands as you, Mr. President rMr. CHANDLER in the chair], did, and as others did for the Cuoans? Are we to hear Agumaldo called a cutthroat, a robber, as we did the poor Garcia within this very Chamber, because he fought for liberty and for his own country?

Oh, but they say Aguinaldo. is a self-appointed chief. That is a way of their politics there. Look about the Senate, Mr. Presi­dent, and who of us is here except originally upon his own invita­tion? [Laughter.]

Why, Mr. President, can not we now make those people our friends, as Fox plead to make America England's f1·iend a hun- , dred years ago? Why not give them what they ask? Why should we stingily withhold the jewel of independence? Why should we not finish this war as we began it-for humanity's sake? Why not with a free and open hand give them what we have promised to give to Cuba, and say,,; Go and obey the Divine injunction, work out your own salvation with fear and trembling; go and learn by experience, as we did. Profit by your mistakes, as we have done. Yes, we have saved your life, Filipino, and in the future we will protect it against all comers from within or without while our flag floats." Then we shall have kept our promise, and only then.

Mr. CAFFERY. May I ask the Senator a question? The PRESIDING OFFICER (Mr. CHANDLER in the chair).

Does the Senator from Illinois yield to the Senator from Loui­siana?

Mr. MASON. Yes, sir. 1\Ir. CAFFERY. I desire to know whether at the time the

Spanish fleet was sunk in the harbor of Manila the Spania1·ds held any more foothold in the Philippine Islands than they did in the island of Cuba, and whether the same declaration wo made in regard to the independence of Cuba, based largely upon the occu­pation of that island by the insurgents-the Spaniards only hold­ing the ground that their armies stood upon-does not apply with equal force to the Philippine Islands?

l,.;. D \A/000 LI R i 'E\: .. - _ R. a

1899. CONGRESSJONAL RECORD-SENATE. 531 Mr. MASON. Absolutely; yes. The insurgents held more ter· gate of responsibility, along the rough and rugged road of expe·

ritory than the Spaniards. We ourselves discredited the sover- rience. Yon can not teach liberty and self-government with a eign title of Spain. We ourselves have thrown a taint upon their Mauser gun. Spain has tried it for centuries; at least, with guns possessions. We ourselves, in the face of the world, have thrown similar if not of the same pa.ttern. For centuries she has been a taint npon all sovereignty claimed by Spain that was held by for expansion, more land, more property, more poor people she. force. Yes, the insurgents held more than the Spaniards held could ride over with some cheap politician with a crown on his within their grasp, but the Spaniards were better traders. They head. Are we going to keep the crown room there that Spain oc· knew how to buy and sell sovereignty better than the Filipinos, cupied? Is the throne room to be kept intact for Tammany Hall who, thank God~ have not learned it, and we ought never to be- or the R epublican party, when we send our envoys there? gin to teach them. Spain is an expansionist and has been for centuries. And say,

I am for the independence of the people of the Philippine Is- my friends, have you forgotten the first rule proved by all history, lands, as lam for independence of t4epeople of Cuba. I am bound without exception, that every square inch of territory taken by by a solemn promise made in this Chamber. Senators may higgle force has to be held by force? Go to your children, who are in the. and say it is not nominated in the bond; but it is an implied prom- first year of the high school, and they will tell you the rule, that ise, more sacred to an honorable gentleman than though it were in all history every square foot of ground taken by force from an written in blood. alien nation has to be kept by force. The1·e is Alsace-Lorraine,

Mr. President, let us say to them, as we have said to Cuba, "Go between Germany and France. A standing army is kept there on your way; learn by evolution "-for that is the only way. "The on both sides, and there is a continuing threat of war. Are wa use of power develops power. You can not leru·n to swim outside to continue to imitate Spain? She has believed in the expansion of water. You may take lessons in swimming each summer, my of territory, expansion of commerce by force, without the con..· dear Filipinos; we will send yon 4,000 teachers of swimming; but sent of the governed, and her ships are lying at the bottom of the you. had better not get in out of your depth until you have taken sea. Her men are rotting in the ocean and upon the land all over a trial yourselves." ·Give them the independence they plead for, the world. Her :flag has been dishonored, disgraced, defeated, and and we shall have kept our promise with the people of the world. sent back to her peninsula, and the golden crown of imperialism

Anything else will be the breaking of a national promise and a that she has sought against the will of the people has turned to. personal disgrace to '70,000,000 people. Then we can say to the ashes in her palsied hands. world, "See, there is Bedloes Island; the Goddess of Liberty has But distinguished gentlemen who claim a monopoly of patdofr not changed the liberty cap for a crown; the goddess ha.s turned ism, who do not seem to observe the difference between expansion on her peclesta1 and with her mighty searchlight sweeps the con- and explosion, say that we who believe in getting the consent of tinent to Cuba; aye, and across the water 10,000 miles away the the governed before we govern them want to give back the Philip­seed sown at Concord has taken root; there is a new flag in the pines to Spain. Everyone wbo makes the statement knows that sky-not the flag of the Western giant, with 70,000,000 people back is not what we want. May I repeat the old story of Lincoln? of it, seeking to extend territory and accomplish sovereignty, but Driving in his calTiage one day, he alighted to turn a tumblebug the brave little republican flag which flaunts its saucy colors in to his legs. Replying to the Cabinet minister within the carriage,_ the very portals of the Orient. But, Mr. President, to abandon he said: "1 merely wanted to give him a show with all the other them as Fox proposed to abandon America means self-government. bugs of his class." He did not want to annex the bug or to tell him It is time enough for UB to say they can not govern themselves how to run his business. He did not seek to tax him or to tell when we have given them a trial. him that he did not know how to govern his bugship. He set him

Oh, the glory of responsibility! Yon have seen common jack- along the highroad, along the line of the survival of the fittest. knife lawyers make good judges because they were elected to the Do you remember when Mexico was invaded by the French and bench. They found responsibility, and it made them men. Sol· Uncle Sam said, "Go; there is the Monroe doctrine; Mexico is cov· diers fight bett-er in uniform, for they fear to disgrace themselves · ered by the ahadow of its wing," and the French soldiers left, and by retreat. They disgrace the country whose colors they wear. the brave little Republic of Mexico is slowly but surely climbing Citizens grow in responsibility when panoplied with citizenship, the ladder to a better education, a better civilization. Ah, Mr. and the reverse is true when they are denied that sacred offering. President, that is the expansion I believe in. That is the imperi-To abandon the Philippines means what? It means what Fox a1ism the fathers taught.. . meant for the United State.s-the right to govern themselves. Venezuela, within three years, was assaulted by England-sought

That we have-assisted the Filipinos is undoubtedly true. That to be despoiled of her port of entry. Grover Cleveland was Pres­they assisted us is also true. We are told that Aguinaldo could ident of the United States, and he said to the greatest naval power not have got back there but. for Dewey. Then Dewey put him of the world, "Stop!'' Yon know the result. Venezuela, strug· back. Then under all the laws of common honesty he is an ally. gling along, improving in civil and religious liberty, is climbing Under all the laws of nations he is our ally. Cresar, with all his higher and higher the scale of civilization. We did not want to cruelty, aye, Nero, never accepted the assistance of an ally and annex her when we spoke for her. We did not seek to tax and whipped his enemy and then turned his guns upon the men who govern her, but we set her on the highroad of imperialism within helped him. herself, and that is the imperialism the fathers taught, and that is

I say respectfully that there is no more right or necessity of our the expansion I plead for. governing the Philippine Islands than there is of governing Ven- Mr. President, I wonder if my colleagues have forgotten the ezuela, Brazil, Nicaragua, or any other South American State with- scenes. of twelve months ago within this Chambe1·, when the dis· 0ut the consent of its people. · Certainlywe have no more right to tingnished Senator who now occupies the chair [Mr. CHANDLER} govm·n them than we. have to govern Cuba. Our Government is had the floor and was for liberty and Cuba? Do you remember committed to the withdrawal of our troops from Cuba as soon as when some of our distinguished colleagues read to us the charge peace is restored and a government established. by the Germans that we were seeking territory, that Uncle Sam

Will some one tell me, Mr. President, will some of the gentle- was a sly dog, and that we were playing the part of the good men who are to follow upon the other side of the case, who are to Samaritan and had a compass under our wings to measure terri· belittle the dangers of war with an innocent people, tell me why tory? Was there not a distinguished Senator-from New Hamp­it is that we should apply a different rn1e to the Philippines from shire, I think-who answered the slander by quoting the battle that we do to Cuba? Will my distinguished friend to-morrow tell hymn of the Republic? this Chamber? I can not believe that he will take the position; but if he does, will he give the rn1e in ethics and good morals that leads us to take a different stand toward the people of the Philippines, who are more enlightened and better educated, have more newspapers and better schools, from that we take toward Cuba? .

Tell me why we should adopt one plan for Cuba and another for the Philippines. Do you say, with the explosionists-I mean the expansionists-" We promised we would not steal Cuba, but we did not promise not to steal the Philippines?" Do you say,. with Shylock," Is it so nominated in the bond?" You remember Jack in the Two Orphans was charged with stealing a coat. He said, "You lie; it was a cloak." Will you tell me, please, how grand larceny and c1·iminal aggression in Cuba become high Christian civilization in the Philippines? Is there some place in the Pacific Ocean where we change the code of ethics and good morals as we change. the calendar and the ship's clock in crossing?

Mr. President, we can not teach them to. govern themselves. There is only one 1·oad to self-government. That is. through the

.

In the beauty of the lilies cmist was born across the sea With a ~lory in His bosom that transfigures you and me As He died to make men holy, let us die to make men free.

Shall we change the last line. and say: Let us die to make men slaves?

Have yon forgotten how we called upon the people to look this way, and we said, "Hear, 0 ye hills, turn, all ye people of the world~ turn ye, 0 eyes, ~:md see America. She worshipeth at the shrine of Him who was born in the manger. We unlimber our guns for humanity's sake. We clear our decks for the liberty of others." Are we, by turning our guns upon the natives, to say by our conduct, "Look not this way; turn in shame upon us; the money changers ara in the temple of liberty; the jingle of gold and silver is heard within her walls; and we are now about to barter and dicker, to buy and sell the right to govern men and women and children without their consent."

But, Mr. President, we ar& tol~ and we were told only yester­day by the distinguished Senator from Connecticut [Mr. PLATT]-

532 COI~GRESSIONAL RECORD-, SENATE. JANUARY 10,

if yon will read his closing speech, in which he replied to the dis­tinguished Senator from Massachusetts [Mr. HoAR], to whom I now take occasion to pay my tribute of honor and respect, such as I bear toward few men in this life-'' we are going to give them liberty, but we want them to have our kind of liberty. You must be happy, my dear Filipino, but happy in the way I tell you to be happy."

I am going to read you the exact words of King George. · You liberty-loving expansionists, who are going to give them civiliza­tion with guns, who are going to extend commerce at the cost of the lives of the boys of this country. when yon say you are going to give them liberty, forget the difference between your liberty and theirs. Let me read you the exact words of King George, so that you may be sure to be on his side when next you spout for libe1·ty for the Philippines.

Here is the language of his kingship George III. I am going to read you his exact words. He was "desirous of restoring to them

, the blessings of law and liberty." Oh, why was not Pecksni.ff born at that time to wear a crown? King George said exactly as you expansionists talk to-day, exactly a.s the Senator from Con­necticut said yesterday-he was going to give them the liberty of his kind; Connecticut liberty for the Philippine Islands [laugh­ter]; t.he canned liberty that Mr. Speaker REED speaks of; the misfit liberty that has never "gone" among the nations of the world.

Let me read you what King George said. This is the father they speak of, I will say to the Senator from Massachusetts , when they refer him to the fathers. They did refer to the father­George IIL Let me read you his exact words, and when next you strut before your constituents and say," We are the superior 1·ace; we are the Anglo-Sa.xons; we have larger cloaks and can say longer prayers; we stand higher than the house tops; we thank God we are not as other men," they can say, with King George, " We are going to give those poor devils the kind of liberty we want them to take, and if they do not take our liberty we will shoot them to death." I am going to read you King George's liberty. Yon can insert it in three lines of the speech of the distinguished Senator yesterday, and you could not tell whether it was the Senator from Connecticut or King George who made it.

I am desirous of restoring to them the blessings of law and liberty equally enjoyed by every British subject-

You want to strike out the word "British" and insert "Ameri­can" in the gentleman's speech yesterday; that is all-which they have fatally and desperately exchanged for the calamities of war and t.he arbitrary tyranny of their chiefs.

•• Chiefs." he said. The King said "chiefs." The Senator said "chiefs," I think. The King referred to Washington; the Senator to Aguinaldo. Was there not an answer on the same day from the lover of liberty, Fox-not because he loved us, but because he loved liberty? In answer to the King be said on the same day, ris­ing in his place:

·But, sir, how is this blessed system of liberty to be established? By t.he bayonets of disciplined Hessians? .

I lack originality. May I use the same language? How is the liberty to be established? Yon have answered by your proclama­tion. You say, peacefully if you can, but powder if you must. I say that the boys in blue or gray, or whatever color they fight in, enlisted to make men free. They _enlisted to fight ·the tyrant Spain. They did not enlist to make men slaves. They did not en­list to fight the Filipinos, and the fnirest thing you can do for the American youth before you set him to shooting the women and children of the island is to give him a chance to come home.

They are not Hessians. They are not hired as butchers. They heard the lofty talk of patriotism. We were all willing to die to mn.ke men free. You haye no right, after having accomplished the liberty of Cuba, to send your officers 10,000 miles away to subjugate, to kill, and to destroy the innocent natives, whose only offense is the love of. wife, the love of children, and the love of home.

I ask now for some one who shall follow me to answer, Did Aguinaldo go back there under the protection of our flag? If so, is he not an ally? 1f he is an ally, have we a right to settle terms of war and peace without consulting him and his people? Ah, but it was officially reported that our colonel in command said to them, "Give up Iloilo," and they said, "No;" and it is officially reported that our commander said, "Before we burn your town we will give you twenty-four hours to take your women and chil­dren out tmder the stars." I say it is reported officially that this gentleman in charge-! have forgotten the name of the colonel in charge-said that before he bombarded the town-it has not been denied; it has been reported frequently-he would give them twenty-four hours.

Mr. GALLINGER. What does the Senator mean by" officially reported?"

Mr. MASON. I suppose the word " officially" is not correct, It has not been denied, however.

·Mr. GALLINGER. Cnl'l'ently reported. Mr. MASON. It has been reported time after time. It is re­

ported every morning. It is reported this morning. Reac} this morning's report.

Mr. TELLER. General Miller. Mr. MASON. I think that is his name. He is going to give

them twenty-fom· hours before opening his guns. But the friends say, "Oh, that is only a threat."

Mr. HOAR. I should like to ask the Senator from Illinois a question. Does not the same report, uncontradicted anywhere, say that at the time that notice was given the people of Iloilo had established orderly civil government, with courts, police officers, snd means for the collection of customs and revenues in the is­lands?

Mr. MASON. Certainly. Mr. HOAR. That is what they are going to overthrow. Mr. MASON. We have never put our foot upon that island.

We were not even there when the people drove the Spaniards out. The flag has never been upon the island, either by conquest or in in any other way. The people are governing themselves, and we are told that we are to give them twenty-four hours-that is not so long as Weyler gave them, in some instances-for men. women, and children to move out of their homes-homes as sacred as mine is to me or yours is to yon. That is to be om· action against peo­ple who have never offended us; against people who have been our allies in this struggle. At the point of a gun we are to conquer onr allies, having defeated the main opponent of the fight. Shade of the immortal Washington, defend us! · Tears of the martyred Lincoln, plead for this country at the throne of eternal justice!

Mr. GALLINGER. If the Senator will permit me, he says that it is officially, or modifying that statement, perhaps; cm-rently re­ported tbat General Miller has made this threat against those people. This is a very serious matter; this discussion, I think, is a very serious matter. I am sorry it has taken place just now. .I should like to ask the Senator if .he has verified that statement either from the Commander in Chief, the President of the United States, or the Secretary of War, and whether General Miller is acting under any instructions from the President of the United States Ol' the Secretary of War to open fire on these people? .

Mr. MASON. I will state to the Senator that I did make inqui­ries, but I am not at liberty to state the result. This I do know, that it is currently reported in the Associated Press--

Mr. HOAR. There has been no denial. . Mr. MASON. And there has been no denial of it for the· past

week. It has appeared in the papers. . This morning the paper says we are . going to use honeyed words, if we can, to get the island, -andif not, thenpowder. It has come in thatformdayafter day for the past ten days. I · make my statement baBed now upon the reports given by the Associated Press, but I will say to the Senator that 1 have information that I know it has been the in­tention to proceed further than the use of mere kindly, honeyed words. This is admitted, that at least for a week it has been charged and not denied that they threatened them that tmless they gave up possession we would bombard their town. And I say that for a nation of 70,000,000 people to stand upon the shore of_ a little struggling community and threaten them is an example of cow­ardice almost unparalleled in the history of the world.

Mr. GALLINGER. Mr. President, I of course accept the Sen­ator's statement that he has information. I am sorry he is not at liberty to give that info1·mation to the Senate. But I do not accept his statement, or the statement of the Senator from Massachusetts just interjected, that because this has not been denied it is true. I know of no reason why the President of the United States or the Secretary of War should rush into print to deny every report cir­culated by the Al!lsociated Press. But, of course, if the Senator has other information that is accurate and official, I am bound to accept it. I wish he might give it to the Senate and to the country.

Mr. WHITE. If be Senator from Illinois will permit me, it is wen known to all of us that when statements have been made in the leading newspapers of the country regarding a policy or dec­laration of administration which is not true and might lead to a public misconception, there has been a denial. This statement has been published all over the United States, and is met by that silence which is ·alike ominous and convincing.

Mr. GALLINGER. To the Senator from California. Mr. WHITE. And I trust to all sensible people. .Mr. GALLINGER. Not to me, at all. Mr. MASON. But, .Mr. President, we are told by certain dis·

tinguished gentlemen who are interested in commerce, and who talk one story in the countingroom and another one in the church, that we must civilize these people. "Thank God, we are not as other men. We must bring them up to our standard in ci viliza­tion." I suppose that. means clothes,!. religion, churches, schools, !md the use of all the peculiar kinds of drinks that we indulge in. Food, raiment, and the color of. the necktie must .be in:volved . . _

How are we going to civilize them, Mr. President? Shall we

1899. CONGRESSIONAL -RECORD-SENATE. 533 show them how to "run municipalities with boodle alderinen? I see that the great chief of that ethical society known as Tammany Hallhastakensides on thisquestion. "Takethe islands," saysthe Tammany chief. "Civilize them." Shall we send him over there to teach the untutored Filipino cleanliness and municipal reform? Shall we teach them to worship money and the man who has it, regardless of how he got it? Shall we send special instructors to teach them how to kill postmasters, their wives and children, if their complexion does riot suit the populace? Shall we have illus­trated pictures showing the works of the mob in Illinois, North Carolina, and South Carolina?

Whv, Mr. President, since the signing of the protocol we have murdered more men in Illinois by the inob than they have in the Philippine Islands. Shall we take that branch of our civilization and force it upon them with a 13-inch gun? Shall we teach them, as they do in North and South Carolina, how the mobs can run the towns and kill the people? Shall we teach them how to organize trusts, so that when one gentleman is out on his yacht and is trou­bled with liver complaint or a trifle seasick he can float into :Manila Bay and raise the price of sugar on 70,000,000 people?

Shall we teach them how to organize their legislature as we have this body, so that the minority can boss and not the major­ity? Shall we teach them the speech of the distingUished Sena­tor from Connecticut, that all just powers of government are de­rived from the consent of "some" of the governed? Shall we send them Lincoln's Gettysburg speech amended in that way-a government of some of the people, by a part of the people, for a few of the people?

Gentlemen may say I belittle my own institutions. I do not. I should like to caU attention to a few of the beams in the eye of the Americano that he may not stretch and break his neck reach­ing 10,000 miles away to find the mote in the eye of the Filipino.

No; I am not afraid of the result so far as my country is con­cerned. The distinguished Senator who sounded a keynote, the like of which has not been heard in half a century in this Hall, may have just grounds for apprehension, but I come from a younger community. We have stood many thmgs, as our coun­try has. We went through the Know-Nothing craze, the Green­back fever, the free-silver tempest, and we have come up out of it all brave and strong. Why? •

Why, Mr. President? Because our Government was builded rjght. The just powers of the Government have been derived from the consent of the people. It is builded on a rock that can not wash away. It has within itself the we~lspring of e.ternal youth.

And why, Mr. President, in the name of all that is generous, should we refuse the Filipino the privilege of lighting his feeble taper at the light and heat of our flaming torch?

Mr. President, why is it that-to-day in the happy land of Cuba they are preparing to celebrate their Fourth of July? Have you not read of the processions, the whites and the blacks, the men and the women and the children, the starving reconcentrados, mar-ching and shouting, singing their La· Marseillaise, singing their Wacht am Rhein, singing their Star Spangled Banner? Why? Because we promised them independence, and by impli­cation we promised the same thing to the Phili_12pine Islands.

Why is it not so to-day in the Philippine Islands? Why are they gathering theil· men and their guns around them? Are they not saying to us, " This war means something more than a change of masters?" Aye, Mr. President, when some gentleman who loves liberty takes this floor I beg him to tell me the reason for treating them differently from what we propose to treat the· people ·in the island ·of Cuba. · · - · - ·

What is the reason? Are human homes less sacred in the Phil­ippines? Are human hopes and h~man aspirations ·any less sacred there? Does the father love his family less? Does not the mother sing her lullaby as well there? Is there some secret reason whereby we intend to take the sovereignty of the people and gather from them the tribute we should have gathered from the shekels of Spain?

Tell me, I say, when you have the floor, you "who are going to follow peacefully and pleasantly if you can, but with gun and powder if you must, you who stand upon the platform to take the Philippine Islands regardless of the wish of the people, where in your declaration of principle have you the right to treat them differently from the people of Cuba.

Oh, but gentlemen say there is · something in it. There is the 'sale of rum and tobacco and calico. If you want the land, there is · Canada; that is nearer. Take Canada. They talk our Jan­·guage. · But when I say that to ·my expansionist fl'iend, he says, "That is different." Oh, yes; it is different, and I will tell you the difference. · It is the difference between the fleet of a Victoria and the fleet of Aguinaldo. That is all the difference. There is no difference in principle, for if you have a right to take the Philippines ·and govern them and tax them without their consent, 'you have the· fight to take ·canada. ·

I hope, Mr. President, the distinguished gentlemen who are to speak in favor of taking these islands by force will pardon my

questions. · I want them, before they sit down and after they have told the grea-t advantage, to answer. Why not take something nearer home if it is a mere matter of advantage? Why not put the skull and crossbones of piracy upon the flag at once and take out of the Declaration of Independence that all just powers of the government are derived from the consent of the governed?

Mr. President, we have had a very sel'ious war, glorious in its inception, for liberty. We have set the high-water mark in patri­otism. When Patrick Henry said, "Give me liberty or give me death," the world said, "That is the high-water mark of liberty." But here, attheclose ofthecentury,wehavelifted the mark. When the President called for 100,000 men, 625,000 between sun and sun answered the call and said not" Give me liberty or give me death," but" Give liberty to the continent or give me death; I will put my life in the balance to clean the continent where my flag floats."

I have seen men dying in hospitals without a murmur. They said to me, "I am going to die; it is all right, old man." I have stood by the open graves. I have seen the mother's tears dry and her face light up with hope-aye, with pride-when it was said to her that he died in a noble cause; that he died like the Master, for others. I have seen the tears dry and the face light with pride because her son was there, having died in the cause as sacred as the Nazarene's. ·

But, Mr. President, when your ships come home laden from Manila with the putrid remains of our boys, and you take the coffin to the mother's door, you never will dry her tears, you never will soothe her heart by telling her that you have extended your commerce at the cost of her dead boy.

Mr. President, who wants to govern the Philippines, let me ask in conclusion? Where is the ambitious Senator who wants- to make laws at this desk to govern peop!e 10,000 miles away? Wl).o is thekind-heartedstatesman? Yon can not speak their language. Yon do not know their schools. You can not read their news­papers. You do not know their religion. Why, I never even saw one of their newspapers. I am told there is a bogie man here who represents Aguinaldo, but I have never even seen him. I have an idea that their homes are sacred to them and that theil· govern­ment, like the fountain head, is what the people will make it; that it can never be better .until they make it better, and that govern­ment can not be learned by inheritance any more than you can inherit a trade.

I have an idea that their homes are sacred, that theil· children are beloved, that they love their soil, and that they have their songs; that the father has his prayer, that they have a hearthstone of some kind, and that· the mother has a lullaby for her babe. Who wants to govern them here? In the name of God, who wants to do it? Who craves the power to make laws for men 10,000 miles away whom you never saw? Who seeks to go there as the governor? If Democracy succeeds, tell me the name of the man in this Chamber who wants to go, covered with the tinsels, the gewgaws, and flubdubs of sovereignty that come from royalty, and have the natives receive you and keep the flies off of your sacred person while you listen to the interpreter. What man ever breathed American air in Illinois or Wisconsin who would_stoop to this? ·

Ah, Mr. President, the fever has run high, the temperature has been almost beyond our power to withstand. The war made heroes of all o.f us-some of us in our minds, some of us on the field. In the contemplation of the ht'roic work of Dewey and the Army and Navy we have grown so heroic that we know not where to stop; and in love of power we have forgotten the high purpose and the lofty plan upon which the declaration of war was founded.

If in my effort to-day ·! can get one American to think a little more of the rights of man, if I can add one comfort or one hope to the poorest, blackest, meanest, and lowest of God's creatures in the Philippine Islands, I shall be satisfied and more than paid for my effort.

I am done, Mr. President. I have not well done. I have been adyjsed by those whom I think most of as friends to await events. But the events that I saw coming in early August are here. I could wait no longer. Some have been kind enough to say that my seat was in dange1-.

Why, Mr. President, I have seen the boys come home sick, and I have seen their graves; and I have seen so much of sacrifice in this cause, that as much as I love the association and the seat among you, I would give it as cheerfully as I would a cr~1st , if my people want it, regretting only that I have so little to give in this cause.

I had hoped for some power of language that the old masters were said to have who stood within this forum in the past. I have almost prayed for some magnetic power that I could turn the tide for the liberty of those _ people, for some magnetic power that I could draw you so close that I could write in living letters upon your hearts the word " Liberty.?' Not liberty, Mr. President, for your family as I prescribe it, not liberty for me or my children by you).' dictation, not Austrian liberty for Hungary, not Spanish lib­erty for Cuba, not English liberty for the United States, a,ye, and

534 CONGRESSIONAL RECORD-SENATE·. JANUARY 10,

not American h"berty for the Philippines, but universal liberty- bridge" and insert "thereon;" and in line 11, after the word universal liberty for which our fathers died. [Applause in the "impediment," to strike out: · galleries.] · andifuponreasonablenoticetosaidcompany,itssuccessorsorassigns,tombke

· such clL.1.nge or improvements the said company fails to do so, the l:;ecretary of War shall have authority to make the same, and shall thereupon institute proceedings in the circuit court of the United States in and for the district m which any part of said bridge may be located for the recovery of the cost thereof: PrO'IJided, That nothing in this act shall be so construed as to repeal or modify :my of the provisions of law now existing in reference to the pro­~g:6f t~e t!~~~vigation of rivers or to exempt this bridge from the opera-

:MISSOURI RIVER BRIDGE AT OACOMA, S. DA.K.

Mr. 1\IORGAN. Mr. President--Mr. KYLE. Will the Senator from -·\labama yield to me just

one moment to have a bill passed to which there is no objection? It is a bill reported this morning from the Committee on Com­merce and provides for the construction of a bridge across the Mis­souri River at Oacoma, S. Dak.- I would be glad to have the bill passed now.

The PRESIDENT pro tempore. Does the Senator from Ala­bama yield to the Senator from South Dakota?

Mr. MORGAN. I will vield to allow the bill to be considered by unanimous consent, without displacing the regular order.

Mr. KYLE. I ask unanimous consent for the present consider­ation of the bill (S. 5004) to authorize the construction of a bridge across the Missouri River at or near Oacoma, S.Dak.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which had been reported from the Committee on Commerce with amendments. The first amendment was in section 1, in line 8, after the word': near," to · strike out the words " the eastern boundry of;" so as to read:

That the Chicago, Sioux Falls aud Pacific Railway Company, a corporation duly crea.ted and existing under the laws of the State of South Dakota, its successors or assigns, be, and they are hereby, authorized to construct and maintain a bridge and approaches thereto over the Missouri River from a Roint at or near the village of Oacoma, in the county of Lyman and State of South Dakota, to the opposite shore of said river, in the county of Brule and State of South Dakota.

The amendment was ag1·eed to. The next amendment was, in section 1, line 5, after the word

"assigns," to insert "and approved by the Secretary of War; " in line 6, after the word "revise," to strike out "prescribe and de­termine;" and in line 7, after the word ''toll," to insert" Provided, That the bridge herein authorized to be constructed shall not be built within less than 1 mile of any other bridge across said Mis­souri River;" so as to read:

Provided, That a location is found within such limits suitable to the inter­ests of navigation. Said bridge shall be constructed to provide for the passage of railway trains, and, at tha option of said corporation, its successors or as­signs, may be so constructed to provide for and be used also for the passage of wagons and ;vehicles of all kind, for the transit of animals, and for foot passengers, for reasonable rates of toll, to be fixed by said corporation, its successors or assigns, and a:pp:;:oved by the Secretary of W a-1·, and the Secre­tary of War shall have the right from time to time to revise such rates of toll: Provided, That the bridge herein authorized to be constructed shall not be built within less than 1 mile of any other bridge across said Missouri River.

The amendment was agreed to. The next amendment was, in section 2, line 15, after the word

'' superstructure," to strike out the words ''with straight girders;" so as to read:

Provided, That if the same shall be made of unbroken continuous spans it shall not be in ?.ny case of less elevation than 50 feet above extreme high­water mark, as understood at the point of location, to the lowest part of the superstructure.

The amendment was agreed to. The next amendment was, at the end of section 3, page 5, to in­

sert: And the bridge shall not be open to traffic until all piling and other fal">e

work used in the construction of the bridge shall have been wholly removed to the satisfaction of the Secretary of War.

The amendment was agreed to. The bill was reported to the Senate as amended, and the amend­

ments were concurred in. The bill was ordered to be engrossed fo1· a third reading, read

the third time, and passed. SAVANNAH RIVER BRIDGE,

Mr. BACON. With the consent of the Senator from Alabama, I ask unanimous consent that the Senate proceed to the consider­ation of the bill (S. 4994) to authorize the construction of a bridge across the Savannah River from the mainland of Chatham County, Ga., to Hutchinsons Island, in said county. The bill was this morning reported favorably by the Committee on Commerce.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which had been reported from the Committee on Commerce with amendments.

The first amendment was, in section 2, on page 2, line 2, after the words ''for the," to strike out ''securing" and insert "secu­rity;" and in the same line, before the word "navigation," to in­sert '' the; " so as to read:

That the bridge shall be so constructed, by drawspan or otherwise, that a free a.nd unobstructed passage may be secured to all vessels and other water craft navigating said river. That any bridge constructed under this act shall be built and located under and subject to such rE~gulations for the security of the navigation of said river as the Secretary of War shall prescribe, etc.

The amendment was agreed to. · The next amendment was, in section 2, page 3, line 1, after the

word" craft," to insert" whatever kind of bridge is built;" after the word "signals," at the end of line 3, to strike out "on said

So as to read: and the said bridge shall be at all times so kept and managed as to offer rea­sonable and P-roper means for the passage of vessels through or under said bridge, and if said bridge be built with a draw said draw shall be opened promptly upon reasonable signal for the nassage of boats or other craft, whatever kmd of bridge is built, and the said company or corporation shall maintain at its own expense, from sunset to sunnse, such lights or other sig­nals thereon as the Light-House Board shall prescribe; and if a.t any time the navigation of eaid river shall in any manner be obstructed or impaired by the bridge authorized br, this act to be constructed, the Secretary of War shall have authority, and It shall be his duty, to 1·equire said company to alt-er and change said bridge at its own expense in such-manner as may be proper to secure free and complete navigation without impediment.

The amendment was agreed to. The next amendment was to add to the bill the following as a

new section: re~i:<;efJL That the right to altm·, amend, or repeal this act is hereby expressly

The amendment was agreed to. The bill was reported to the Senate as amended, and the amend·

ments were concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. THE NICARAGUA CANAL,

The Senate, as in Committee of the Whole, resumed the consid­eration of the bill (S. 4792) to amend an act entitled "An act to incorporate the Maritime Canal Company of Nicaragua," ap­proved February 20, 1889, and to aid in the construction of the Nicaragua Canal.

1\Ir. MORGAN. Mr. President, I ask unanimous consent that on Friday next at 3 o'clock the Nicaragua Canal bill may be voted upon with the amendments, and that further discussion shall be conducted on the bill and amendments under the five-minute rule.

Mr. CAFFERY. When? Mr. MORGAN. On Friday of this week. Mr .• CAFFERY. I suggest to the Senator from Alabama that,

in view of the number of Senators who desire to speak, if he would put his motion for Friday week, I think it would meet with approval.

Mr. 1\IORGAN. I have heard of only two Senators on the floor who desire to speak on this bill, and I have examined as carefully as I could. I trust the Senator from Louisiana, after having oc­cupied three days in the discussion, will not prevent us from hav· ing a vote on this bill. It is impossible to get the Senate here in the afternoon, it appears, unless there is some fixed time for vot­ing. and I think the Senator will find that we will have ample time for any further discussion of the bill.

Mr. CAFFERY. Friday, I think, is too near. I would suggest to my friend f1·om Alabama that while I have taken apparently three days-possibly too much time, it may appear to my friend­! hardly tbjnk I h2.ve taken more time in the discussion of this bill than he has.

Mr. MORGAN. I am not objecting to it at all; yet I have only appeared very little in this present debate-not more than three hours altogether. · Mr. ALLEN (to Mr. CAFFERY). Does the Senator from Indi­ana [Mr. TuRPIEl desire to discuss the bill further?

Mr. CAFFERY. The Senator from Indiana is very anxious to discuss the bill, but I am afraid, in his present condition, that he will not be able to discuss any bill within two weeks.

Mr. MORGAN. Well, 1\Ir. President, the Senatorf1·omLonisi· ana should not ask me to defer this bill until a Senator may be able to get well who is suffering with a very serious and very unhappy sickness-unhappy to all of us. Other Senators are away sick and can not possibly attend here who are friends of this bill and would like, probably, to speak upon it if they were here. I think the Senator can hardly request that indulgence.

Mr. CAFFERY. I do not ask the Senator from Alabama to wait until the Senator from Indiana is well enough to address the Senate on this bill, but it occurs to me, from what I have heard, that there are a number of Senators who intend to speak and that some of them are not yet prepared to speak. The Senator from Wisconsin [Mr. SPOONER],forinstance, who desires to speak on this bill, informs me that he is not ready to do so to-day. Other Senators have expressed to me a desire to speak, and there may be more than have said anything to me about it. I have made no canvass whatever. · ,

Mr. MORGAN. The Senator from Wisconsin informs me the.t he can .speak within the time I have mentioned.

1899 .. CONGRESSIONAL _RECORD-SENATE. 535 Mr. SPOONER. What I may want to say upon the bill will be course, is open to amendment. The unanimous consent given ren­

brief. What was the Senator's statement in regard to the five- ders any action, the Chair thinks,. under it unnecessary now. minute rule?. Mr. MORGAN. I do not desire to take the floor on the bill,

Mr. MORGAN. That after 3 o'clock on Friday the five-minute but I understand the Senator from Tennessee [Mr. 'JPRLEY] is rule shall obtain in the discussion of the bill and the amendments. ready to proceed ..

Mr. SPOONER. Suppose the Senator makes it next Tuesday at Mr. TURLEY. Mr. President, the subject embmced in this: 3 o'clock. bill has given me more concern and trouble than any matter upon

Mr. CAFFERY. JftheSenatorwillsaysomedaynextweek-- which I have had to vote since I have been a member of tha Mr. MORGAN. Will you agree to next Tuesday at 3 o'clock Senate~

under the same limitations? I want to state, in the first place, that I am earnestly and heart-Mr. CAFFERY. Well, sir, I would not object to that; but I : ily in favor of a canal across this Isthmus; and, judging from the

will ask the Senator from Alabama to modify the motion so as to 1·eports of engineers and scientific men who seem familiar with confine speaking on the amendments to fifteen minutes. the subject, I am perfectly willing to support, and would gladly

Mr. MORGAN. I will say ten minutes. support, a bill that met my judgment to build the canal on the. Mr. BACON. I was going to make the same suggestion. There line that this bill contemplates. .

are a great many of us who do not desire to discuss the bill at I know also that, especially in the section of country from which length, but at the same time there are a great many details of the I come, the people are much interested in the subject and very bill about which Sena.tors desire to be heard. earnest:ty desire the construction of this canal. Therefore, having,

:Mr. MORG_I\N. Well, Mr. President, I will make it fifteen ~at present advised, made up my mind not to vote for the bill minutes on the bill and amendments after 3 o'clock on Tuesday now presented, I think it is due to myself and to my constituents next, and that t he vote be taken during that session, of course. that I should state as briefly and as succinctly as I can the reasons Will that satisfy the Senator? . that influence me in this course.

1\fr. CAFFERY. I think that will give everybody an opportu- In the first place, I w'.Jl give my understanding of the condition nity to speak. of affairs as it now exists. I unde1·stand from all the discussion

Mr. MORGAN. I believe that is agreed to, Mr. President. that has taken place on this bill up to this time that it is practi~ The PRESIDENT pro tempore. Does the Senator make any cally admitted tha t the Clayton-Bulwer treaty, which is the old-

request as to the final vote? est instrument, I believe, jn connection with this matter now be-Mr. MORGAN. That the final vote be taken during that ses- fore us, is still in existence and binding upon this country; at

sion. least, if that position is not admitted, I have heard no Senator who The PRESIDENT pro tempore. That day? has discussed this matter claim that the treaty was abrogated and Mr. MORGAN. That day. was not binding on this country. Mr. CAFFERY. I think that is hardly fan·. · Mr. MORGAN. Will the Senator from Tennessee indulge me Mr. MORGAN. It will hardly make any difference, because, a moment? ·

of course, the fifteen-minute debate will limit the time for the dis- Mr. TURLEY. Certainly. cussion sonanowlythat I do not care about insisting upon a time Mr. MORGAN. I will say to the Senator that, so far as my for the final vote. attitude is concerned and that of the committee, so far as I under-

The PRESIDENT pro tempore. The Senator from A1abama stand it, we did not consider that it was necessary to determine in . asks unanimous consent that the consideration of the pending bill the passage of this bill whether the Clayton-Bulwer treaty is in and all amendments to it shall be limited in discussion to fifteen vital force or not, and therefore we have made no point of that minutes after Tuesday next at 3 o'clock. kind in the bill or in the reports, but have placed ourselves ·upon

Mr. MORGAN. That is right. the ground that the bill is entirely in accord with the principles Mr. WHITE. If the Senator from Alabama will permit me, I of the Clayton-Bulwer treaty, and that the Government of Great

will suggest that it is important, I think, that some time be agreed Britain has not notified this Government, after years of our effort upon for the final vote, whether upon that day or the next day to construct this canal under these concessions, that it has any or some time, for the reason that Senator~ may be absent from kind of objection or makes any criticism of our action at all. the Chamber and the discussion, being limited to fifteen minutes, Mr. TURLEY. Now. I wish to ask the Senator from Alabama may conclude that day or oonclude the next morning, and there a question on this subject, because I recognize his familiarity with might be some difficulty about it. In order to insure a full attend- it. That question is this: If the canal is to be built under this bill ance, I think we ought to agree upon some time for a final vote. now presented, with the amendments which have been accepted

Mr. CHANDLER. Can it not be arranged that the final vote by the committee, and under the concession from Nicaragua and shall be taken before adjournment-either on that day o1· the Cost Rica, will it, or will it not, be subject to the provisions of next day? the Clayton-Bulwer treaty, if that treaty is still in force and bind­

Mr. MORGAN. I proposed to do that, but Senators do not ing on this country? seem to like it. Mr. MORGAN. To the extent of the declaration of the neu-

Mr. BACON. The suggestion of the Senator from California trality of the canal and the guaranty of that declaration by the [Mr. WHITE] is the strongest argument that can be used why no United States this bill is in conformity with the Clayton-Bulwer time should be fixed for taking the final vote. It is an unfortu- treaty and is not in anywise in antagonism to it. 'rhis bill,. fol­nate fact that during a discussion a majority of Senators absent lowing a treaty with the United States made by Nicaragua., goes themselves from the Chamber-- a little further than that, and guarantees not merely the neu-

Mr. MORGAN. I think we had better conclude on my propo- trality, but the innocent use of the canal, which I think Great sition. Britain would be very glad to have done.

Mr. BACON. And if it is understood that there is to be a dis- But I will say, 1\Ir. President, that this bill puts the Nicaragua cussion and a possibility for a vote at any moment, there is at Canal precisely upon the footing of the Suez Canal, as to which I least a probability that we shall have a quorum in the Chamber understand Great Britain is enth·ely satisfied, with the addition during the discussion of the amendments; otherwise we shall not that the power of a great government is pledged in this bill to the have it. guaranty of the n eutrali ty and innocent use of that canal-its

Mr. MORGAN. I agree to that. impartial use by the nations of the earth. Mr. BACON. Senators will come in and vote without having Mr. TURLEY. Now, !understand the Senator to say, to some

heard the discussion. extent, at least, that this canal, if built under the present bill, Mr. WHITE. While I still think it would be better to have a would be subject to the provisions of the Clayton-Bulwer treaty.

time fixed, I do not urge it as imperative and will, of course, make I want to call attention to two or three clauses of the Clayton­no objection to the arrangement suggested by the Senator from Bulwer treaty, and will ask to have them inserted in what I have Alabama as it is now befor e the Senate. to say. I will read the first article of the treaty in l'ull.

The PRESIDENT pr o tempore. The Senator from Alabama A R TICLE I. asks unanimous consent that after 3 o·clock on next Tuesday the discussion on this bill and all the amendments t hereto shall be The Governments of the United States and Great Britain hereby declare

that neither the one nor the other will ever obtain or maintain for i tself any limited to fifteen minutes, under the rule known as the five-minute exclusive control over the said ship canal ; agr eeing that neither will ever rule- that is, fifteen minutes to each Senator on each amendment, erect or maintain any fortifications commanding t he same or in the vicinity and no more. Is there objection? [A pause.] The Chair hears thereof, or occupy, or fortify, or colonize, or assume, or exerCise any domin-

d •t · d d ion over Nicara~a, Costa Rica, the Mosquito Coast , or any part of Central none, an 1 l S so or ere . America; nor Will either make use of ~Y prot ection which e1ther affords or ~fr. MOR GAN. :Mr. President, the first motion on this bill, I mayafford,oranyallia.ncewhicheitherhasormayhavetoorwithanystate

believe, is a motion to postpone until to-day, the lOth of this or people, for the purpose of erecting or maintaining any such fortifications, month. 'fhis is the lOth of the month, and I make the pom· t of or of occupying, fortifying,orcolonizing Nicaragua, Costa Rica, the Mosguito

Coast, or any part of Central America, or of assuming or exercising dominion order that that time is exhausted and the motion is not applicable over the same; nor will the United States or Great Britain take advantage of to the action of the Senate at this time. any intimacy, or use any alliance, connection, or influence that either may

The PRESIDENT pro tempore. The Chair can not sustain the possess with any state or government through whose territory the said oana.l ma.y :{lass, for the purpose of acquiring or holding, dil"ect!y or indirectly, for

point of order, because the motion is before the Senate, and, of the mtizens or Sl}bjects of the one, any rights or advantages in regard to

I

...

536 CONGRESSIONAL RECORD- SENATE. JANUARY 10,

commerce or navigation through the said canal which shall not be offered on the same terms to the citizens or subjects of the other.

Then Article II provides: ARTICLE II.

Vessels of the United States or Great Britain traversing the said canal shall, in ca.se of war between the contracting parties, be exempted from blockade, detention, or capture by either of the belligerents; and this pro­vision shall extend to such a distance from the two ends of the said canal as may hereafter be found expedient to establish.

The first clause of Article V provides that both nations shall guarantee the neutrality thereof, so that said canal may forever be open and free.

Then Article VII provides that if there are any companies or in­dividuals or associations engaged in the enterprise of constructing this canal, or which may be engaged in the enterprise of con­structing it, these two Governments will give their joint aid and use their joint influence in :promoting the enterprise upon the principles set out in this treaty.

If that treaty is still in force and is still binding between these two Governments-in other words, is a part of the supreme law of the land of each Government-then if the canal is built under the bill now before the Senate, notwithstanding the fact that the Gov­ernment of the United States furnishes every dollar of the money for this enterprise, assumes all the risk, and takes all the burdens, yet when the enterprise is completed Great Britain is entitled, in times of war as well as in times of peace, to exactly the same use of this canal as is the Government of the United States.

As to whether the treaty is in force or binding or not I am not prepared to say, because I have not investigated or had an oppor­tunity to investigate that subject. But, as I said in the outset, I have heard no one claim here or assert that it has been in any way abrogated. So, if it is in existence, and we build this canal, fur­nish the money, and tali:e the risk, we are doing it as much for Great Britain as we are for ourselves.

I am not willing, for one, to vote $150,000,000 of the money of the United States to build a canal in which Great Britain is prac­tically to have a half interest without paying one single dollar of

· the cost. If th~ canal is to be built while this treaty remaim~ in force, which secures to Great Britain the equal uses and benefits thereof, then it ought to be built at the joint risk and cost of the two nations. The whole burden should not fall upon the United States. ·

On this point it is well for us to remember that there is already a canal which it is claimed is under the course of construction, probably 250 miles from this canal. I-refer to the Panama Canal. I see it claimed over the signatures of responsible engineers and responsible gentlemen that two-fifths of that canal has been com­pleted and that it is an enterprise which can be successfully carried out-that there are no engineering obstacles which would prevent it.

It is further claimed-! do not know how true the claim is; but i.t is claimed in the reports of that company and of its engineers­that with the two-fifths which have been already completed, that company has 4,000 men at work on the uncompleted portions of that canal. If that canal is built and the Nicaragua Canal is built by the United States, what will be the result? Will both of those enterprises be paying institutions? Will they pay any re­turn upon the money invested? The cost, as I see from the reports of the Panama Canal, about equals the estimated cost of the Nica­ragua Canal. So there would be invested in these two enterprises from$250,000,000to$300,000,000, lying, you might say, side byside. Will they pay?

If we are to undertake this enterprise-and I am willing to vote for the Government of the United States undertaking it, notwith­standing the proximity of this other canal and the chance that it may be completed-but I say if we are to undertake this enter­prise under the provisions of this bill, with the provisions of this treaty staring us in the face, and with the danger that the enter· prise may be a losing one, that, instead of supporting itself, it may possibly call for constant appropriations by this Government to pay its expenses, if we are to run all those risks, do not let us incur them under circumstances which would give another government equal benefit .:with us in this enterprise both in war and in peace.

If we build this canal with that treaty still in existence, unab­rogated, the difficulties of obtaining its abrogation will be increased many fold. We can now obtain an abrogation of that treaty either by negotiations with Great Britain or, if it becomes necessary, by independent action on our part, with much more ease than we can do it after millions and millions of our money are put into this work and this enterprise is practically completed.

It will be readily seen that when the enterprise is completed, with the immense advantages that it offers, especially in war, but in paace as well, to Great Britain under a subsisting treaty, there are many reasons why her statesmen and the government of that country would be unwilling to yield rights which she claims un­der a valid treaty, and the danger of a rupture and the danger of war with that Government would be greatly increased by post­poning the consideration of the abrogation of the treaty until after

we have gone on and completed the work. Mr. President, that is one of the reasons why I am unwilling to vote for this bill as it; now stands.

Now I go a little further. What is the condition of affairs in Nicaragua itself? The Maritime Canal Company has concessions from the two States of Nicaragua and Costa Rica. Those con­cessions were obtained about ten years ago. There are certain articles in them to which I wish to advert on this point. By the forty-seventh and forty-eighth articles of the concession from Nicaragua, the Maritime Canal Company was given, first, two and a half years, I believe, for its surveys and preliminary work, and then ten years to complete the canal. The opening clause of article 48 is as follows:

A terJ? of ten years is also granted to the company for the construction, completiOn, and opening of the canal for maritime navigation. However should events of main force arise, duly justified and sufficient to impede the regular progress of the works during the period of the said ten years, an ex­tension shall be granted equal in duration to the time that may have been lost by such delays.

Now, I have not heard it claimed that there have been any "events of main force," "duly justified and sufficient to impede the regular :progress of the works" on the canal. '

Then the closing clause of the forty-eight4 article provides fur-ther: ·

If. at the expiration of the ten years aforesaid, the works should not be completed so as to have the maritime communication between the two oceans opened, in consideration of the great capital the company may have invested in the enterprise, and of the good will and ability it may have shown, and the difficulties encountered, the Republic binds itself to concede a new ext ension.

The length of time is not fixed. As I understand that clause, it is susceptible at least of the construction that the Government of Nicaragua is not bound to grant that extension unless there is great capital invested and good will and ability in the progress of this enterprise exhibited by the Maritime Canal Company.

The Government of Nicaragua has, byway of a subsequent con­tract with Messrs. Cragin and Eyre. ~areed, as I understand the second contract, that the Maritime Canal Company is not entitled to these extensions; in other words, that these" events of main force" and this "investment" of "great capital" and manifesta­tion of ability to construct the canal do not exist, and therefore that Nicaragua has the right, at the end of ten years, to declare these concessions at an end, and she so stipulated and contracted with Messrs. Cragin and Eyre. I will turn now to that contract. The first part of it gives the grantee the right to obtain theimme· diate recession of the first contract to the Nicaragua Canal Associ­ation, but the closing part is as follows:

It is understood that for the purposes of this contract the Cardenas­Menocal contract shall cease to have legal existence on the 9th day of Octo­ber, 1899, and therefore all the foregoing stipulations shall take effect with­out necessity of further action, declaration, or Jaw on the lOth of October, 1899, or sooner should Messrs. Eyre· and Cragin, their heirs or assigns, obtain the recession of the Cardenas-Menoca.l contract.

There by that contract the Government of Nicaragua stipulates and binds itself that the preceding contract shall end at the expiration of these ten years. Now, I do not say that the Gov­ernment of Nicaragua is rjght in the position it takes; very prob· ably it may be wrong. But here the Mar itime Canal Company now stands in the attitude of being utterly unable to finish this work by October, 1899, and has this claim of forfeiture staring it in the face, and has the Nicaraguan Government in the position of having made a subsequent contract by which it is bound to claim the forfeiture and not. to grant the extension.

The Maritime Canal Company, it is true, under its contract can call for an arbitration on that question. How is the board of arbitrators to be organized? Two are selected by each party, two by Nicaragua and two by the Maritime Canal Company, and if they can ~ot agree, the umpire then is to be chosen from any one of the representatives to any of the governments of the Central American States.

Then you have a board of arbitration to pass on this question which may be compo~ed , and which in all probability will be com­posed, of a majority at least who would be inclined to favor the Nicaraguan Government. So that th~serights now, these conces­sions, whatever they are and what.ever they are worth, are the subject-matter at this very day of a lawsuit, and that before a tribunal to which I would not be willing to submit the decision of any private right of mine.

Now let us go a step further. What does the bill which we have here propose to do? It proposes to put the United States into the shoes of the Maritime Canal Company, and further than that, it proposes to make the Government of the United States sink its sovereignty into a private corporation. When this plan is car­ried out, when we pay the money for these concessions, we have concessions under a contract which provides for forfeiture, with the claim made by the other party that the forfeiture exists and that the concessions cease in some seven or eight months.

And I repeat, when the United States has divested itse~f of its sovereignty and has entered into the body and the shoes of the Maritime Canal Company, a private corporation, the United

1899. CONGRESSIONAL REOORD-SENATE. 537 States must humbly go before this board of arbitration, which I have just described, to have the rights of its own Government and its people determined by such a board. That now is the plan which this bill lays before us. That is what we are led up to. I ·am not willing to vote for this bill for that reason.

Now, let me go a little further. Suppose these difficulties are out of the way, and suppose we procure a perfect title to the con­cessions. Suppose we own this contract as fully and completely as it was owned by the Maritime Canal Company on the day of its organization. Still I would not be willing to vote $150,000,000 of the money of this Government to build a canal under the terms of these concessions, and I wish to call attention now briefly to some of the articles in the concessions which seem to me espe­cially objectionable.

Article XIV provides-and I do not know what it involves really, because, if there has been anything said on the point it has es­caped my attention-that whoever owns the concessions and who­ever builds the canal under them is obligated and bound to build another canal between Lake Managua and the navigable part of the Tipitapa River of sufficient dimensions to admit of the free passage of vessels drawing 6 feet of water and of 150 feet in length. That canal, when built at the expense of whoaver owns this con­cession and whoever constructs the Nicaragua Canal, belongs at once and instantly to the Government of Nicaragua. What it

·will cost I do not know. Mr. :J3ACON. Will the Senator state, if he knows, what points

the canal of which he has just spoken connects? Mr. TURLEY. I have looked at the map. This river seems to

be a small river that connects Lake Managua with Lake Nica­ragua, and it seems to be navigable part of the way and not navi­gable the balance, and the canal seems to embrace that part which is not navigable, and it is across the Lake Nicaragua, as far as I can judge from the map, from the line that the Nicaragua Canal would take through the lake. In other words. it is 'On the north side of the lake, while the line of the canal, as I understand from the maps, goes through rather the southern part of the lake. · Mr. BACON. Does the Senator understand that it is a part of

the :tnain canal, or a branch? . Mr. TURLEY. I do not understand it is a part of the main

canal. I understand it is a canal which will have to be built. Mr. BACON. I should judge that it must necessarily be a

branch, by reason of the dimensions. It certainly can not be the main canal.

1\Ir. TURLEY. It is a branch canal. The Senator is correct. It is not a purt of the main canal. I am calling attention to this imply to show that it calls for some expenditures and work on

the part of the United States, the amount of which I can not tell, and I do not know whether or not it is in the estimates. I have heard no explanation of that clause. However, I do not consider it of much importance.

Now, I come to the thirty-second article of the concessions. Under the thh·ty-second article the Government of Nicaragua re­serves the right to make all such regulations as it may judge nec­essary to prevent smuggling and to maintain public order in the region of the canal. Then, under article thirty-six, the Govern­ment ·of Nicaragua-assures to the compa.n¥ and its agent-s under the laws of the country, as it does to the other inhabitants, the full enjoyment of the guaranties and rights which the Constitution and the same laws grant to them. And r eciprocally the company and its agents bind themselves strictly to r espect the laws and regulations that are in force in Nicaragua, and especially to comply with the executory judgments of the tribunals without considering themselves vested with other rights than those which the laws concede in favor of the Nicara­guans.

Then article 37 says: The Government-That is, the Government of Nicaragua-

shall establish all along the line of the canal included between the two t~r­minal ports such police stations and revenue offi.cea as in its judgmen t are necessary to preserve order in the region of the canal and for the obser>ance of the fiscal laws of the Republic. All expenses incident to this service, in­cluding those of buildings, endowments, salaries, and allowances of employee::<, and transportation of the forces, shall be paid to the Government; by the company on such terms and conditions as may ba established, taking into consideration the requirements and necessities of such service. The com­pany, however, shall have the power to establish guards and watchmen for the service of the canal and the enforcement of its regulations.

Article 42 provides: For the proper administration of the canal and its appurtenances, and in

order to facilitate its construction and operation, the company shall estab­lish the necessary regulations, which shall be binding on all persons found in its waters or its appurtenances, the sole reservation being that the rights and sovereignty of the State be respected.

It b eing understood that the company in the exercise of the powers cbn­ferred by this article may not make other regulations than those necessary for the administration and particular management of the canal, and that b e­fore executing .and enforcing these regulations they shall be submitted t o the Government for approval. The l::lt.ate will lend the aid of its authority for the enforcement of these regulations.

Now, under those provisions, the United States, having ceased to be a sovereign, having become a private corporation, invests its money in this enterprise. All of its investment, all of its

interest, all of its properties are absolutely subject to the control of the Government of Nicaragua, are subject to .its police, are sub-ject to its judicial tribunals. .

In other words, by this bill, having purchased these concessions, we cea-se to be a sovereign; we become a private corporation; we put $150,000,000 into the enterprise, and every dollar of it, and not only every dollar of it, but the interest of every American citizen and the property of every American citizen going through the canal, is subject to the laws and the jurisdiction of this little Re­public. Never in the history of this Government, as I under­stand, has any public enterprise or any public improvement been undertaken on such a basis.

The Government of the United States will not build a custom­house in one of its States without reserving all its sovereignty and keeping it nnder the dominion of its own law. It will not improve the rivers of its own States, and it will not do any public work except under governmental control, and in such way that it can not be interfered with or controlled by any other power or State. And yet it is proposed now in this bill to undertake one of the most important and costly public improvements known to this or any other age, and to put it entirely under the jurisdiction, power, and control of the Republic of Nicaragua. I may be wrong, but I think we had better do without the Nicaragua Canal for many years to come than put ourselves in such an attitude as that.

For the reasons growing out of these clauses in the concession I am unwilling to vote for the bill as it now stands. I am un­willing, in the first place, to cast my vote to turn the United States into a private corporation. I am unwilling to make it sub­j3ct to suits before every petty officer and court in the Republic of Nicaragua, and I am unwilling to risk this immense amount of money to the protection of the laws and courts of that State.

Now, Mr. President, let me take up this bill just briefly, and let me state a few reasons connected with the measure itself why I am unwilling to support it. A.s originally drafted the bill pro­vided that the United States should t.ecome a creditor of the Maritime Canal Company by indorsing its bonds. That has been amended so as to strike out the bond feature and make the United States contribute whatever money it puts into this venture in cash, pay it out of the Treasury, and do away with bonds.

I am heartily in favor of that amendment, and I am glad it has been put into the bill if it is to pass. But under the present bill the first step that is to be taken is under section 3, by which the three commissioner a there provided for are to estimate the amount which will be a fair compensation for the rights, privileges, and franchises now owned by the Maritime Canal Company and also the reimbursement of all expenses made heretofore by the said company.

The limit upon that estimate is $5,000,000. But under the bill as it is drawn the expenditures and expenses of the company are to be paid, whatever they may amount to, just so they do not ex­ceed $5,000,000. \V'hether those expenditures have been for objects which would now be of value to the Government of the United States in building the canal it seems to me, under the provisions of the bill, is not to be inquired into.

Now, it becomes material to look at the condition of the Mari­time Canal Company. In the last report which has been made by the committee of this body to the Senate, filed December 7, 1898, there is a statement of the expenditures, and they foot up to $5,136,428. They are itemized: For preliminary expenditures incident to procurement of con-

cessions - --- . ----· ------ __ ____ ------- - ---- ...... ____ __ .... ...... .... $280,000.00 For surv~y.s, pla~t, construction, navigation, rights, and lands .. 4, 287,735. 73 For admirustration and care of property •. __ .. __ .. ___ . _. ____ . __ .. _ 268, 692. 24

4, 836, 428. 97 Cash obligations, estimated . . _---· __ . __ . _______ . _______ ..... __ __ ---· 300,000.00

5, 136, 428. 97

So it becomes apparent that this limit of $5,000,000 is instantly reached and that under the provisions of the pending bill we are certainly to pay out the $5,000,000. Now, if we were entering i:hto a contract of that kind on our own behalf the first inquiry any prudent man would make is, Were those expenditures ior ob­jects which are vital and important to the interest of the canal as we propose to build it? We are under no obligations, moral or financial, to the gentlemen who control the Maritime Canal Com­pany. They are not the objects of charity. We have no right to pay them money which they may have foolishly expended simply because they are Ameriean citizens.

Let me call attention to another matter in connection with that point. In the report made by the commission, which report has just come in, the commission reports that of the various routes through Nicaragua and Costa Rica the best two known are the Maritime Canal Company's route and the Lull route. It says the estimates for these routes have been nearly completed. Their estimated cost is approximately $124,000,000 and $123,000,000, and one of the commissioners thinks that 20 per cent sh.ould be added to these sums. But the Maritime Canal route, which is the one

538 CONG.RESSIONAL RECORD-SEN ATE. JANUARY 10,

I understand we are to undertake, or for which we are to pay out this money, is to cost $124,000,000 and the Lull route $123,000,000. Now, farther on the report states:

It is the opinion of this commission that of the two routes herewith esti­mated for the one called the Lull route is the more desirable, because it is easier of construction,_presents no problems not well within good engineer­ing precedents. and will be a safer and more reliable canal when completed.

Now. I am not familiar with these two routes. I am told, and I shall be glad to be corrected if I am mistaken, th.at what is called the Lull route runs between the Maritime Can.al route and the San Juan River; that is, farther south than that portion of the Maritime Canal route which deflects from the San Juan River and runs into Graytown.

Mr. HARRIS. Mr. President, if the Senator from Tennessee will pardon me for just a moment, I will simply state that the Lull route is merely a divergence at a particular point. It does not involve a different route entirely frOill; Graytown to Brito, but in following the general route of what is called the high-level canal, which has been advocated by Mr. Menocal as the prefer­able route, it departs from what was suggested by Mr. Lull as the desirable route, but the variations from the general route are only trifling. It is practically identical in both cases.

There is no distinct route from Greytawn to Brito known as the Lull line of canal, but it simply departs from the month of the San Carlos River, going around what is called the High Divide at a certain point about 10 or 12 miles, where there is a difference in the location. This bill does not contemplate nor does it require the selection of either of these particular lines, but that is to be left entirely to the judgment of the men who are to be in charge of the ·work.

Mr. TURLEY. That isexactlywhat.Isnpposed. !understood that the Lull route was not an independent route all the way through, but was a deflection from the other route.

Mr. HARRIS. A divergence at a particular point. Mr. CAFFERY. If the Senator from Tennessee will allow me,

I will ask the Senator from Kansas whether this canal is not to be constructed according to a survey to be deposited with the Gov­ernment of Nicaragua, and of Costa Rica, too, perhaps, by the Maritime Canal Company, a-s one of the conditions precedent to the full validity of the concession; and whether in that event the canal route is not restricted to the plan filed by the Maritime Canal Company?

Mr. HARRIS. I would say in answer to the Senator from Louisiana that there has been only a general line established and deposited with the Government. There has been no absolute defi­nite location of the Jine fixed by anyone. Mr. Menocal had his preference as an engineer of a certain line which was accepted by the old Maritime Canal Company, but there has never been an absolute definite location of every part of the line. ·n is subject to variations, as events in the construction might

possibly determine and suggest that some slight changes to the right or the left in coming down the valley might be preferred. The great question of all, which is the maintenance of the high level110 feet as far t.o the east as possible, has been all the time in doubt~ and the present commission is decidedly inclined to abandon the extreme height of the Ochoa dam and to take a line nearer that of the Lull line or the low-level canal. Those things would not at all affect the rights of the concession in any particular.

Mr. TURLEY. I will state the point I have in mind about it. I agree with the Senator from Kansas in his understanding of thio measure, that under this bill we are not tied down to any partic­ular route; that we may adopt the Lull route or we may adopt the Maritime Canal route.

Mr. HARRIS. Or an intermediate route. Mr. TURLEY. Or an intermediate line; or we can adopt a new

line if we wish. But the point I make is, Why are we paying these gentlemen practically $5,000,000 for work done by them on a line which we may not adopt and use?

Mr. HARRIS. Will the Senator pardon me again? Mr. TURLEY. Certainly. Mr. HARRIS. I do not want to interrupt his speech. Mr. TURLEY. I am glad to have the Senator interrupt me. Mr. HARRIS. Certainly there has been an immense amount of

money expended not only by the Maritime Canal Company, but by the Government of the United States in what may be called "preliminary surveys," which are all of value just as positive as though the work had actually been constructed on those lines. Preliminary surveys, reconnoissances, examination of the country ru:e all necessary for the final and proper selection of a definite line upon which to build the canaL It is valuable work and money properly expended, and therefore should be taken into con­sideration even if nevQr a shovelful of earth had been disturbed

·on either one of those lines. Mr. CHILTON. I will ask the Senator from Kansas if it is not

true a1so that a great deal of this work, especiaUy the harbor made at Graytown and the railroad, will be valuable no matter what line is adopted?

Mr. HARRIS. Under any circumstances they form a material contribution to the ultimate work.

Mr. TURLEY. I accept what the Senator from Kansas says. There may be preliminary surveys and outside surveys for the purpose of information that may be of value, but how much of this $5,000,000 has been expended in laying out a line which we may not use? As to the harbor at Graytown, if I understand correctly the information and the papers connected with this mat­ter, and the reports, a great deal of the work which has been done on that hm:bor has now become absolutely useless, because the work has been abandoned for so long a time that it has refilled with sand and become almost in the same condition it was in before. Now, I do not state that from any examination_ by myself, further than from the reports I have read of people who have been to Graytown and returned and made reports with reference to it.

Mr. CAFFERY. I will state to the Senator that the Ludlow Commission reported quite extensively upon the harbor of Grey­town, and that Colonel Ludlow stated that the works at the harbor of Greytown were practically valueless; that the breakwater they put up had been eaten up with the teredo, and that the channel obtained by that breakwater had filled up with sand.

Mr. HARRIS. Mr. President, if I may interrupt the Senator from Tennessee a moment longer--

Mr. TURLEY. Certainly. Mr. HARRIS. I do not think it is exactly fair to constantly

use the expression $5,000,000, as though this bill absolutely fixes a payment of S5,000,000which shall be made to the Maritime Canal Company. The amount to be paid to the Maritime Canal Com­pany is to be determined by a commission to be appointed by the President, who shall investigate this matter. So far as I am con­cerned, with the information I have with regard to this question, I do not consider it at all probable that the amount awarded by that commission to be paid to the Maritime Canal Company will be $5,000,000 or anywhere near that amount.

I think that that commission will act as any other set of ap· praisers, as you may call them. They will take into considera· tion the value of the property in every possible direction, and their award will govern the amount which is to be paid. The expression" five million dollars," so often used on the floor here, does not really convey the purpose of the bill at all. It simply fixes $5,000,000 as a maximum amount, beyond which no award can be made under any circumstances.

Mr. TURLEY. I will read the bill itself on that point. I un­derstand that the bill says that not more than $5,000,000 shall be used, and it is upon this particular feature of the bill that I am commenting. It says:

That to enable the said company to provide for such sut'render, ca.noolJ.a.. tion, redemption, discharge, and satisfaction, and in consideration therefor, there shall be issued and delivered to such person or persons as may be des­ignated by the stockholders of said comP.any, other than the Republics of Nicaragua and Costa Rica, or by a majonty thereof, warrants of the Treas­ury of the United States, which the Secret-ary of the Treasury is hereby au­thorized to cause to be issued t o an amount not exceeding, at their par value, the sum of $5,000,000, which said amount, in such case, shall be fixed and determined by three commissioners, by principles of justice and equity, so as to provide a fair compensation of the rights, privileges, and franchises now owned by the said company and the reimbursement of all expenses made heretofore by the said company. ·

Now, if I understand the language of this section of the bill, it means that when these three commissioners come to consider the rights, privileges, and franchises we now propose to buy, they can fix what in their judgment is a fair compensation for the same, but when it comes to the expenses, all the expenses made hereto­fore by said company are to be reimbursed. Here is the report of the company attached to the report of the committee having charge of this bill, in which it is stated that those expenses amount to more than $5,000,000.

What I say is that when, under this bill, these commissioners come to consider the qt'.estion of expenses, they can practically only look at the vouchers, and if the company has actually paid out in expenses connected with this enterprise $5,000,000, you have in that item alone enough to eat up this entire appropriation of $5,000,000. · -

Now, that money is to be paid out, at least it m ay be paid out, within three months, because the bill, as I understand it, gives this company three months within which to furnish satisfactory evidence that all its outstanding stock and bond obligations and contracts of different kinds mentioned in it have either bean taken up or provided for. If that is done within three months, the sum of $5,000,000 is paid out and gone forever, and we have then these concessions in tho condition in which I have described them, and subject to controversy at the time they come into our hands.

In other words, an arbitration between the :Maritime Canal Com­pany, which would be the United States in disguise, and theRe­public of Nicaragua might result. Who can tell? Under such a board of arbitration as is provided for a decision that the conces­sions were forfeit€d might result, and in such an event the money provided to be paid out under this section would be lost entirely.

1899. I CONGRESSIONAL -RECORD-SENATE. 539 I say further that the bill ought to provide, if it is to be passed,

tba.t these commissioners shall not only consider what is the just present value to this Government of the rights, concessions, and franchises which it is to obtain, but also to what extent the ex­penditures made by this company he!etofore h~ve been for objects which are of actual value now to this enterprise. Of what value is it to the enterprise when it comes into our hands that money has been paid out in the salary of officers of this company and for work on routes that we may not use? But enough of that. I have given my view on it.

There is one other feature of the bill to which I wish to call at­tention briefly. I do not know that, taken alone, it would make me vote against the bill, but yet it is a most wonderful feature. As I stated a few momentq ago, the bill as originally drawn con­templated that the United States should become a creditor of the Mau--itime Canal Company. Very properly, then, a lien or mort­gage was reserved to secure whatever amount the canal com­pany might become indebted to the United States.

But coupled with that was a provision which it seems to me is in violation of the provision of the Constitution of the United States, and of every State in the Union almost, and that is that this lien should be enforced by the ipse dixit of the President, with­out a hearing of any kind by the company making the mortgage or granting the lien. It was a provisjon that -the holder of the mortgage could say arbitrarily .the debt was due the day after the money was advanced.

Of course I do not mean to say that I contemplate anything of that kind would be done, but it is legislation authorizing the holder of the mortgage to determine himself when it sl1all be due, to de­termine whether a forfeiture exists, to seize the property and take it out of the hands of the true owner on his own judgment with­out any appeal to any court or without the true owner of the prop­erty having any opportunity to be heard on any day in co'!rt.

Mr. ALLEN. Will the Senator from Tennessee permit me a moment?

Mr. TURLEY. Certainly. Mr. ALLEN. Is it not always competent for parties to a

mortgage to provide for a foreclosure out of court at the option of the mortgagee?

Mr. TURLEY. Undoubtedly. Mr. ALLEN. Would it not, then, be competent for the Gov­

ernment and the Maritime Canal Company to enter into a con­tract by virtue of the terms of this bill, which would be the con­tract in itself, authorizing the Goyernment to seize and sell the property without judicial proceedings? Would that violate any constitutional provision? ·

Mr. TURLEY. Well, !think it would in some respects. Un­doubtedly the mortgagor may make a contract by which the mort­gage may be foreclosed out of court; but I do not understand that a contract would be admissible by which the mortgagee alone was to be the sole judge of whether the mortgagor had any de­fenses to his claim, whether the debt had or had not been paid, whether there were any reasons whv the sale should not take

- place. I do not understand that any court would uphold any such contract; and this provision is broadly that, notwithstanding this money might not be due, or might have been paid, or that there might be equities or rights against its payment, still the debtor should never be heard and the creditor should have his pound of flesh whenever he demanded it. .

Mr. ALLEN. Will the Senator from Tennessee permit me another question?

Mr. TURLEY. Yes, sir. Mr. ALLEN. Is it not competent for parties to a mortgage to

draw their mortgage so as to let the mortgagee in possession after condition broken, and under those circumstances could the mort­gagor repossess himself of the property without redeeming the obligation of the mortgage?

Mr. TURLEY. Undoubtedly he could not repossess himself without redeeming the obligation, but he would have the right to be heard as to what the obligations under the mortgage were.

Mr. ALLEN. He could file a bill for that purpose. Mr. TURLEY. But under this provision, as I understand it,

he could not do it. Whenever the Government of the United States declares this mortgage forfeited then instantly the title to the property passes, and it is provided that there shall be no re-course. _

Mr. ALLEN. No remedy nor equity? Mr. TURLEY. No remedy nor equity. Mr. CAFFERY. Mr. President--The PRESIDING OFFICER (Mr. BUTLER in the chair). Does

the Senator f1·om Tennessee yield to the Senator from Louisiana? Mr. TURLEY. Certainly. Mr. CAFFERY. I suggest to the Senator from Tennessee that

all these rights of property, both personal and real, spring from concessions granted by Nicaragua and they are situated in Nica­ragua. I should like to know whether any proceeding whatever changing the title of that property on account of the nonfulfill-

ment of the contract or the nonpayment of debt would not have to be instituted and carried on under the laws of Nicaragua? Now, there is a large body of land which has been conceded to the Maritime Canal Company by Nicaragua. Would Nicaragua permit the title of that land to change by such a proceeding as is provided for in this bill, the alienation of land in her own territory under foreign law?

Mr. TURLEY. Undoubtedly it would not. Under these con­cessions the property is under the control and jurisdiction of the laws of Nicaragua, and the bilL and the concessions, it seems to me, are in direct conflict on that point. But if the Maritime Canal Company make a contract with the United States, under which title to property could be divested and vested by an arbi­trary act carried out by the Government of the United States, I do not suppose it would be binding on the Government of Nica­ragua with reference to land situated in that country. In other words, I understand every country has a perfect right to fix its own land system and prescribe laws for the disposition and aliena­tion of those lands independent of every other country; that ita local laws are supreme on this subject. Enough on that point.

The more material part about it, as the bill is now constructed, is this: It has been changed so as to make the Government of the United States a stockholde1· in the Maritime Canal Company. In other words, when certain things are done, which may be done here in three months, the Secretary of the Treasury is authorized to sub­scribe for 925,000 shares of the stock of said company, the remain­ing 75,000 shares going to Nicaragua and to Costa Rica.

Now, we have the corporation composed of $100,000,000-$92,-500,000 belonging to the United States and $7,500,000 to Nicaragua and Costa Rica. It is further provided that the United States shall pay for these shares in its warrants issued under this bill; that is , the $115,000,000 of cash warrants. In other words, by the provision of the bill, the United States pays for its stock this money. Nicaragua and Costa Rica pay for their stock in the concessions which they have granted.

Now then, how is the canal to be built? It is to be built by the money that the United States pays in as a payment for stock sub­scribed; and yet almost on the next line, in the same section, the provision is that this majority stockholder can at any instant say to the corporation, "Retmn me my money which I put in and which paid for my stock; it is due now; I declare it to be due now and a lien is fixed upon all this property; I enforce the lien and take all the property back to myself."

How can the Maritime Canal Company pay back this money whic'h is advanced by the United States? It might be demanded the instant the canal was completed. Where would it have any proceeds with which to pay it? Instantly the United States under this bill would take possession of the property and all the asset-s and all the franchises of this company, and whe1·e would Nica­ragua and Costa Rica be? Their $7,500,000 of stock represents these concessions, but by this plan this majority stockholder can turn its stock subscription in the twinkling of an eye into a debt and take all the property and leave the small stockholders out in the cold. It is the most unique and most efficient plan for freezing out small stockholders that I have ever seen.

Now, every business man and every lawyer knows that it is contrary to every legal principle, as well as to justice, to allow one stockholder, without the consent of the others and without the consent of the creditors, to withdraw his money out of the enterprise by taking corporate property, and much more so where the majority stockholder is allowed, at his own instance and at his own will, to absorb the entire property of the corporation in payin~ back to it its stock subscription, and leaving every other stockholder without remedy and without redress. ,

No legislature would give this power to any stockholder in any private corporation, and this body would n ever ingraft in any biH any such provision, which is so contrary to law and justice; and yet here we are asked in this bill to vote for a proposition of that kind. I do not understand why the provision is left in the bill.

Mr. CAFFERY. I will ask the Senator, with his permission, whether the waiTants are secured by the lien and mortgage that is provided for the security of the bonds? The warrants are snb­stitllted for the bonds by the Berry amendment. I ask the Sena­tor whether those warrants are secured by the same mortgage that was granted by the bill to secure the indorsement of the bonds by the U nit.ed States?

.Mr. TURLEY. That is what I understand the bill to mean. The fourth section of this bill provides for the subscription of this stock by the United States; and the closing clause of it says:

The Secretary of the Treasury slillll report the facts to the President of the United States. and with his approval shall, in behalf of the United States, subscribe for 925,000 shares of the capital stock of said company, and said company shall thereupon issue to the sai.d Secretary of the Treasury of tho United States 925,000 shares of the capital stock of said company herein pro­vided for, to be deposited with the 'l'reasurer of the United States, which stock shall be issued in consideration of the Treasury warrants hereinafter provided for in this act, and shall be regarded as fully paid and nonassessable.

540 CONGRESSIONAL .RECORD-SENATE. JANUARY 10,

That means that 925,000 shares of the stock subscribed for by the United States is paid for by the $115,000,000 represented by these warrants.

When we go a little further, section 9 provides that the canal company may, with the consent and approval of the President of the United States, make contracts for the construction of any part or all of the canal, and report the same; and when it reports that the contracts have been let, then the Treasurer of the United State3 shall issue a sufficient amount of these warrants to cover the work for three months, and so on until the canal is completed. After providing for that the bill says:

For the security of the repayment by said company of said moneys so ad­vanced, end interest thereon, by the United States to tho said board of direct­ors, a lien is hereby declared in favor of the United States of ~t\.merica upon all tlle property, real, personal, and mixed, and upon all the rights, fran­chises, easements, privileges, rents, and tolls, and mterest of every descrip­tion, belomting to the Maritime Canal Company of Nicaragua and appurte­nant to sai~ canal or connected therewith, whether in action or possession; and in default of the payment of the principal and interest of said moneys by such t.ime as the President of the United States shall determine that they ought to be paid by said company, he (the President) is fully empowered to declare the forfeiture of said propf\rty to the United Stat-es without the necessity of a judicial or other ascertainment of such forfeiture; and there­upon the full and complete title of said company to all such property, rights, privileges\ rents, tolls, or franchises shall rest absolutely m the United States, ana the President shall cause the same to be taken into po3-session for the benefit of the Government; and the President of the Umted States is h~.>reby authorized at any time to suspend or to decline the pay­ment, in whole or in part., of any of the quarterly sums or estimates herein provided for.

Mr. CAFFERY. So the very property which Nicaragua trans­fers over to the Maritime Canal Company in consideration of its stock is made the security for the payment of the stock of its co­stockholder. the United States?

Mr. TURLEY. Yes, sir. Mr. CAFFERY. And by that means Nicaragua is entirely

frozen out. Mr. TURLEY. It is plain that is the effect of it, just as if in

case of any private corporation a bill should pass here, for instance, to organize a railroad with the provision that a New York syndi­cate could put. in all the capital except a million dollars to be sub­scribed for by individuals; that it should receive shares of stock for the capital it put in; that at any time it chose it might de­clare that subscription of stock to be a loan of money and demand back the money instantly, and seize all the property and leave the smaller interests entirely unprovided for.

lf this bill was carried out, and the United States chose to do so, at any time during the progress of this work it could declare a forfeiture, and the property of every kind, the concession, all' the rights which Nicaragua gave for its stock, and Costa Rica for its stock, would go instantly to the United States, and those Govern­ments would have no further interest in it.

I want the United States to own all this property. I want it to build this canal. ·I do not want Nicaragua or Costa Rica or any other nation to have any joint interest with us in it; but I do not want the United States to get the ownership of it by any such plan as that, and I say again that no Senator here would vote for such a provision as that in any bill to incorporate any other cor­poration.

There are other features in this bill to which I shall refer briefly. One requires the canal company to pay into the Treasury .of the United States quarterly the official salaries of the engineer offi­cers who are detailed from the Army while in the employ of said company. 1 call attention to that to show the inconsistency of this bill. Where is the money to come from to pay these engineer officers? The canal company has got none except what it gets from the United States. Under that provision the United States turns over to the canal company so much money and the canal company is required to return back to it all the salaries of these officers. But that is an immaterial point.

The bill then provides for eleven directors at a salary of $56,000 a year, which is equal to the interest, at the rate which the United States now pays, on nearly $2,000,000-practically adding $2,000,-000 to the cost of this enterprise-and there is no more need or necessity for eleven directors, with these large salaries, than there is for double the number. In other words, you might make them without limit.

Everyone knows when this enterprise is undertaken, whether under the form of this corporation or not, the canal will have to be built by the United States Government and by Government officers, and it is a weakness in the whole scheme to preserve this form of corporation and attempt to control this enterprise through eleven or twelve high-priced directors, who, in addition to their salaries, are to receive all their traveling expenses.

Mr. CAFFERY. Will the Senator permit me? Mr. TURLEY. Yes, sir. :Mr. CAFFERY. The Senator bas stated that this canal will

have to be constn1cted by Government officers. I think if the Senator will look at the bill more closely he will perceive that all that the United States Government engineers have to do with the construction of this canal is to supervise it. They do not lay the

plans; they do not construct it; but it is to be constructed by the engineers of the Maritime Canal Company. All that is provided in the bill for the United States engineers to do is to supervise, to stand around and look and see that the work is going on, or have some indefinite business. ·

What d.oes that term "supervision" mean? It does not give the Government engineers control; they do not inaugurate the plan; the canal is not to be constructed under their specifications and plans, but under the plans and specifications of the Maritime Canal Company.

Mr. TURLEY. I think the Senator's criticism is correct upon the bill as it is now, but what I meant to say was that no matter in what · shape this bill passes, whether it 1 akes the form of a cor­poration, as is provided in the bill, or otherwise, practically, when you come to the construction of the canal, it will have to be man­aged and controlled by the engineers .and officers of the United States Government, the contracts which are made will have to be made by them, and supervised and controlled by them. I only mentioned this point to show the utter uselessness of this high­priced body of directors provided for in this bill.

But apart from all of th~t, I could probably vote for this bill, trusting to the justice of this country and to its wisdom to protect the other parties from any unjust treatment, and feeling that the enterprise would be canied out successfully, but I can not vote for it for the reason stated in the beginning. I can note vote to put this immense amount of money in an enterprise which may be successful or unsuccessful and leave another government, which does not put in a cent, with some kind of a claim on or a half interest in it; and I can not vote to put this money in under this concession, -which gives the Government of Nicaragua entire control, by its courts and governmental and police powers, over the property and interests of the United States and its citizens.

Briefly, Mr. President, I believe that it is just as easy, under a proper bill, to get rid of all the difficulties which exist now as it is to have this concession changed by the State of Nicaragua. If we pass this bill as it is, all aclmit that it is in conflict with many llrovisions of this concession, and we will be compelled to go back to Nicaragua to negotiate for changes iit those provisions. We do not mean to obtain them by force. We mean to obtain them by negotiation. And yet we propose to pay out this $5,000,000 before anything of that sort is done. .

I believe that whenever the Government of the United States announces its intention to build this canal, as we all want it built, as it ought to be built, as a Government enterprise, owned en­tirely by this Government and controlled by this Government, the difficulties now existing in the way of these different conces­sions will evaporate.

Ithas been said-and with this I will conclude what I have to say on this bill-that the State Department will not interfere, or at least that it ought not to interfere, to open negotiations, be­cause it would interfere or conflict with the rights of the Mari­time Canal Company, which is composed of American citizens, an,.d that hence we can not go at this matter as a Goyernment, be­cause, possibly, we w:ould interfere with the rights of these Ameri­can gentlemen who have this concession, which may end in eight or nine months; and yet this bill in substance proposes to make the Government disguise itself and back the American gentlemen who compose the Maritime Canal Company against the American gentlemen who compose the organization to which this second concession is granted. .

If we can, in t4e disguise of a corporation, strengthen the hands of the American citizens who compose the Maritime Canal Com­pany in their position as against these others, why may we not as a government announce our intention that we wish to control this enterprise as a governmental enterprise, that we will deal fairly by both of these concessionaires, and whatever just claims they may have which are of benefit to the enterprise now we are willing to pay a just value for. We are under no more obliga­tion to the Maritime Canal Company than we are to the Cragin­Eyre syndicate.

If it has been wrong at any time to push forward the Govern­ment interest as a government because of the interests of the Maritime Canal Company, it would be wrong to do it because of the interests of these other American people. If there has been a forfeiture here and these others have acquired right , they as Americans have as much claim on the Government as have the Americans who are interested in the Maritime Canal Company.

So I can see no reason or no claim any of these parties have which would prevent the Government from taking hold openly and boldly, as we all think it ought to do, of an enterprise which interests every citizen of this broad land, and not approach it in the disguise of a private corporation.

An amendment or substitute will be offered which points out this com·se, which gives the President authority to take up all these matters and to clear up these titles, and appropriates money for that purpose, and then appropriates money for the building of the canal.

1899. CONGRESSIONAL RECORD-SEN ATE. 541 ~

If we are to put this money .into this canal, as I think we ought to do, let us do it openly and boldly, and at the same time let us do it in. a way that will give us a clear title and keep it free from the control and dominion of any other govei"'llmen~give us the control of it at all times and dispose of aU these difficulties which now exist. It seems to me we but increase these difficulties when we hide ourselves under the shape and form of this Maritime Canal Company.

BRIG. GEN. THADDEUS H. STANTON.

Mr. SHOUP. I ask unanimous consent for the present consid­eration of the bill (S. 4993) authorizing the President to nomi· nate Brig. Gen. Thaddeus H. Stanton to be a major-general in the United States Army and to place him on the retired list with the rank and pay of that grade.

Mr. MORGAN. I suppose that unanimous consent is not to displace the regular order. · . The PRESIDENT pro tempore. The bill will be re~d in full by

the Secretary for the information of the Senate, and the Chair will then put the quEstion. . The bill was read, as follows:

Be it e11acted, etc., That the President be, and he is hereby, authorized to nominate Brig. Gen. Thaddeus H. Stanton to be a major-general in the United States Army and, upon confirmation by the Senate, to place him upon the retired list with the rank and pay of that gn•.de.

The PRESIDENT pro tempore. The Senator from Idaho asks unanimous consent that the pending order of business, the Nica­ragua Canal bill, may be temporarily laid aside, and that the Senate proceed to the consideration of the bill which has just been read. Is there objection?

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

CAPT. WILLI_A¥ CHURCHILL.

. Mr. FAIRBANKS. I ask unanimous consent for the present consideration of the bill (H. R. 5113) to remove the charge of de­sertion from and to correct the military record of Capt. William Churchill, late a private of Company K, Second Regiment of United States Cavalry. ·

The PRESIDENT pro tempore. The Senator from Indiana asks unanimous consent that · the pending business, the Nicaragua Canal bil1, may be temporarily laid aside in order that the Senate may proceed to the consideration of the bill named by him. Is

_ th~re objection? .•. · . ··.There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the hill. It directs the Secretary of War and~the Adjutant~General of the Army to remove from the records the charge of desertion standing. against Capt. William Churchill, under the name of William M; Churchill, as a member of Company K, Second Regiment United States Cavalry (an organization ·of the Regular Army), April 11, 1861, he having thereafter enlisted in the United States service in Company F, Fifty-ninth Regiment of Indiana Infantry Volunteers, on the 2d of December, 1861, forth~ term of three years, and who thereafter reenlisted as a veteran volunteer January 1, 1864, for the further term of three years, and was promoted and honorably mustered out and discharged from the service as captain July 17, 1865, and to grant him an honorable discharge from the first-mentioned company and regiment, but that· no pay or emoluments shall be allowed by reason of the passage of this act. ·- ·

The bill was reported to the Senate without amendment, ordered to _a third reading, read the third time, and passed. ·

PATRICK DOUGHERTY,

Mr. PASCO. I ask uu'animous consent · that the pendi~g busi­ness be further tern porarily laid aside and that the bill (H. R. 1037) to re~ove' the cha:rge qf desertion standing against the name of Patrick Dougherty, Company A, Thirteenth New York Volunteer Infantry, may be taken up for consideration at this time.

There being no objection, the Senate, as in Committee of the Whole, proc.eeded to consider the bill. It dh·ects the Secretary of War to remove the charge of desertion standing against the name of Patrick Dougherty, late a private in Company A, Thirteenth New York Volunteer Infantry, and to issue to him an honorable dis­charge as of date of 27th of April, 1863, but that no allowances shall become due or payable by reason of the passage of this act.

The bill was reported to the Senate Without amendment ordered to a third reading, read t~e third time, and passed. '

EXECUTIVE SESSION.

. Mr. MORGAN. I move that the Senate pro~eed to the consid­eration· of executive business. . The :r;notion was a~reed to_; and the Senate proceeded to the con­

sideratiOn of executive buSiness . . After ten minutes spent in ex­ec?-tive session the doors were _reopened, and (at 4 o'clock and 15 mmutes p.m.) the Senate adJourned until to--morrow Wednes-day, January 11, 1899, at 12· o'clock meridian. -'

NOMINATIONS.

Executive nominations 1·eceived by the Senate January 10, 1899.

ENVOYS EXTRAORDINARY,

Charlemagne Tower, of Pennsylvania, now envoy extraordi­nary and minister plenipotentiary to Austria-Hungary, to be am­bassador extraordinary and plenipotentiary of the United States to Russia, vice Ethan A. Hitchco~k, appointed Secretary of the Interior.

Addison C. :Qarris, of Indiana, to be envoy extraordinary and minister plenipotentiary of the United States to Austria-Hungary, vice Charlemagne Tower, nominated to be ambassador extraordi­na;ry and plenipotentia-ry to Russia.

COLLECTOR OF INTERN.AL REVENUE,

James G. Monahan, of Wisconsin. to be collect-or of internal revenue for the Second district of Wiscoi;lsin, to suc.ceed M. F. Blumenfeld, resigned. ·

APPOINTMENTS IN THE VOLUNTEER ARMY,

To be b1·iga.d-ie1·-generals. Col. John B. Castleman, First Kentucky Vohmteer Infanh·y. Col. Thomas H. Barber, First New York Volunteer Infantry.

To be assistant adjutant-general tvith the rank of major. ' Capt. Charles G. Treat, assistant adjutant-general, United States Volunteers. [First lieutenant, Fifth United States Artillery.]

Seventh Regiment Volunteer Infantry. Capt. StuartS. Janney, Seventh United States Volunteer Infan­

try, to be major, vice Powell, resigned. Eighth Regiment Volunteer Infantry .

First Sergt. Frank R. Steward, Company A, Eighth United States Volunteer Infantry, to be second lieutenant, vice Gordon, resigned.

Tenth Regiment Volunteer Infantry. William Douglas Pritchard, of North Carolina, to be second

lieutenant, to fill an original vacancy . . Fou1·th Regiment Voluntee1• Infantry.

Second Lieut. Thomas ·M. Clinton, to be first lieutenant, vice Patton, resigned. .

John N. TWright, of South Dakota, to be second lieutenant, vice Clinton, promoted. .

Thi1·d Regirnent Voltm.teer Infantry: Firot Lieut. Mack E. Laird, to be captain, vice Cobb, resigned. First Lie~t. John A. Sibley, to be captain, vice Frost, resigned .. Second Lieut. Alpheus W. McCall, to be first lieutenant, vice

Laird, pTomoted. Second Lieut. Iverson B. Clarke, to be first lieutenant, vice Sib-

ley, promoted. . Sergt. Harry A. Garden, Company A, to be second lieutenant,

vice McCall, promoted. Sergt. Joseph L. Sauls, Company G, to be second lieutenant, vice

Clarke, promoted. · .

Seventh Regiment Voluntem· Infantry. Ernst H. Tracy, of Nebraska, to be captain, vice · Janney, pro-

moted. · . Ninth Regiment Volunteer Infantry.

Fi1·st Lieut. George L. Febiger, quartermast-er, to be captain, vice Dayton, resigned.

James Thompson Ord, of--, to be first lieutenant, vice Febiger, promoted.

CONFIRMATIONS. Executive norninations confirrned by the Senate January 10, 1899.

MARSHAL.

Thomas F. McGourin, of Florida, to be marshal of the United States for the northei"'ll district of Florida.

COLLECTOR OF CUSTOMS •

Budd Coffee, of Georgia, to be collector of custo~s for the district of St. Marys, in the State of Georgia .

REGISTER OF THE LAND OFF'ICE.

F. W. J obnson, of California, to be register of the land office at Marysville, Gal. •

542 CONGRESSIONAL RECORD-HOUSE. JANUARY 10,

RECEIVERS OF PlJBLIC MONEYS.

John J. Lambert, of Pueblo, Colo., to be receiver of public monevs at Pueblo, Colo.

Matt Daugherty, of Ogallala, Nebr., to be receiver of public moneys at Sidney, Nebr.

REGISTER OF THE LAND OFFICE.

Robley D. Harris, of Al:lington, Nebr., to be registe~ of the land office at Sidney, Nebr.

APPOINTMENT IN THE NAVY.

Mr. Edward Grahame Parker, a citiz.en of Massachusetts, to be an assistant surgeon.

PROMOTIONS IN THE NAVY.

Ensign Louis R. De Steigner, to be a lieutenant (junior grade). Lieut. Lewis C. Hellner, to be a lieutenant-commander . . Lieut. (Junior Grade) Albert C. Dieffenbach, to be a lieutenant. Ensign William W. Phelps, to be a lieutenant (junior grade). Commodore Albert Kautz, to be a rear-admiral. Capt. Frederick Rodgers, to be a commodore. Commander Edwin vVhite, to be a captain. Lieut. Commander Charles C. Cornwell, to be a commander. Asst. Engineer Robert K. Crank, to be a passed assistant engi-

neer. Asst . .Engineer Stanford E. Moses, to be a passed assistant engi­

neer. Asst. Engineer Raymond D. Hasbrouck, to be a passed assistant

engineer. Asst. Engineer Walter Ball, to be a passed assistant engineer. P. A. Engineer John L. Gow, to be a chief engineer. Asst. Engineer EdwardS. Kellogg, to be a passed assistant engi­

neer. P. A. Engineer George E. Burd, to be a chief engineer. Asst. Engineer David Van H. Allen, to be a passed assistant engi­

neer . . P. A. Engineer Walter M. McFarland, to be a chief engineer.

POSTMASTERS. Hugh 0. Browne, to be postmaster at Wilmington, in the county

of Newcastle and State of Delaware. John W. Casson, to be postmaster at Dover, in the county of

Kent and State of Delaware. -William V. Sipple, to be postmaster at Milford, in the county

of Kent and State of Delaware. George L. Clark, to be postmaster at Island Pond, in the county

of Essex and State of Vermont. Mina D. Jones, to be postmaster at Chester, in the county of

Windsor and State of Vermont. Frank T. Taylor, to be postmaster at Hardwick, in the county

of Caledonia and State of Vermont. Harper Simpson, to be postmaster at Edna, in the county of

Jackson and State of Texas. William A. Stoner, to be postmaster at Waco, in the county of

McLennan and State of Texas. Carrie E. Vaughan, to be postmaster at Seguin, in the county of

Guadalupe and State of Texas. Charles S. Doubleday, to be postmaster at Hico, in the county

of Hamilton and State of Texas. Owen Ford, to be postmaster at San Marcos, in the county of

Hays and State of Texas. Elizabeth Rhea, to be postmaster at Groesbeck, in the county

of Limestone and State of Texas. Clarence L. Bush, to be postmaster at Gatesville, in the county

of Coryell and State of Texas. John M. Clark, to be postmaster at Yoakum, in the county of

Dewitt and State of Texas. George W. Cotter, to be postmaster at Alvarado, in the county

of Johnson and State of Texas. Geor~e H. McKee, to be postmaster at Darlington, in the county

of Darlington and State of South Carolina. Adolph Ashheim, to be postmaster at Brownsville, in the county

of Cameron and State of Texas. Harry Beck, to be postmaster at Hillsboro, in the county of Hill

and State of Texas. · Warren W. Logee, to be postmaster at Pascoag, in the county

of Providence and State of Rhode Island. John R. Cochran, jr., to be postmaster at Anderson, in the

county of Anderson and State of South Carolina. John W. Dunovant, to be postmaster at Chester, in the county

of Chester and State of South Carolina. James F. Shea, to be postmaster at Indian Orchard, in the county

of Hampden and State of Massachusetts. ! Charles J. Wood, to be postmaster at Natick, in the county of

Middlesex and State of Massachusetts. I George E. Gardner, to be postmaster at Wickford in the county of Washington and State of Rhode Island.

Samuel R. Moseley, to be postmaster at Hyde Park, in the county of Norfolk and State of Massachusetts.

John W. Fairbanks, to be postmaster at Westboro, in the county of Worcester and State of Massachusetts.

Frederick E. Pierce, to be postmaster at Greenfield, in the county of Franklin and State of Massachusetts.

Charles D. Brown, to be postmaster at Gloucester, in the county of E·sex and State of Massachusetts. '

Woodbury A. Ham, to be postmaster at Everett, in the county of Middlesex and State of Massachusetts.

John Huxtable, to be postmaster at Wareham, in the county of Plymouth and State of Massachusetts.

John M. Oak, to be postmaster at Bangor, in the county of Penobscot and State of Maine.

William T. Smart, to be postmaster at Lewiston, in the county of Androscoggin and State of Maine.

John E. Bosworth, to be postmaster at Lee, in the county of Berkshire and State of Massachusetts.

Geo1·ge J . Reiley, to be postmaster at Clinton, in the parish of East Feliciana and State of Louisiana.

Jarvis C. Billings, to be postmaster at Bethel, in the county of Oxford and State of 1\laine. .

Walter H. Downs, to be postmaster at South Berwick, in the county of York and State of Maine.

Robert P. Hunter, to be postmaster at Alexandria, in the par­ish of Rapides and State of Louisiana.

John R. G-. Pitkin, to be postmaster at New Orleans, in the parish of Orleans and State of Louisiana.

Henry C. Hay, to be postmaster at Monroe, in the parish of Ouachita and State of Louisiana.

Rix M. Robinson, to be postmaster at Pensacola, in the county of Escambia and State of Florida.

John A. Crawford, to be postmaster at Dalton, in the countyof Whitfield and State of Georgia.

Paul Demanade, to be postmaster at Lafayette, in the parish of Lafayette and State of· Louisiana.

William White, to be postmaster at Algoma, in the county of Kewaunee and State of Wisconsin.

John W. Lockhart, to be postmaster at Durant, in the county of Holmes and State of Mississippi.

Thomas Richardson, to be postmaster at Port Gibson, in the county of Claiborne and State of Mississippi.

Fitz James Hamilton, to be postmaste.r at Sturgeon Bay, in the county of Door and State of Wisconsin.

Charles E. Raught, to be postmaster at South Kaukauna, in the county of Outagamie and State of Wisconsin.

George W. Smith, to be postmaster at Eau Claire,in the county of Eau Claire and State of Wisconsin.

Arthur P. Cheek, to be postmaster at Baraboo, in the county of Sauk and State of Wisconsin.

Ira P. Coon, to be postmaster at Plainfield, in -the county of Waushara and State of Wisconsin.

Edwin F. Ganz, to be postmaster at Alma, in the county of Buffalo and State of Wisconsin.

HOUSE OF REPRESENTATIVES. TUESDAY, Ja.nua1·y 10, 1899.

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. HENRY N. COUDEN.

The Journal of the proceedings of yesterday was read and ap­proved.

CRIMINAL LAWS OF ALASKA,

Mr. WARNER. Mr. Speaker, I call for the regular order, and ask that the House proceed with the further consideration of the bill (H. R. 8571) for the codification of the criminal laws of Alaska.

The SPEAKER. The Clerk will read the next paragraph of the bill.

The Clerk read as follows: SEC. 166. That the jury ma.,v either find a general verdict, or, where they

are in doubt as to the legal effect of the facts proven, they may find a special verdict.

Mr. CRUMPACKER. Mr. Speaker, I move an amendment to this part of the bill, which I send to the desk.

The SPEAKER. The amendment will be read. The Clerk read as follows: Strike out sections 166,168,169,170, 175, 1'i6, and 1i7 of chapter 16; also strike

out the word "general," in line 1 of section 16i. The SPEAKER. The Chair would su~gest ·to the-gentleman

that only one of these sections has been read, so far. Mr. CRUMPACKER. The subject-matter, Mr. Speaker, of the

amendment covers the entire sections to which it refers, as well as the section which has just been read. I am unfamiliar with the practice in such cases, as to whether the amendment should be offered to each section independently or individually as it is reached, or after the entire chapter has been concluded. The first section, however, involves the subject-matter of the amendment,