JANUARY - GPO in each case an estimate of the cost of ... in relation to dismissals or details made...

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836 CONGRESSIONAL RECORD-HOUSE. JANUARY 22;

The following petitions, praying Congress to place lhe coinage of silver upon an equality with gold; thn.t there be issued coin certificates of one, two, and five dollars, the same being made legal tender; that one and two dollar legal-tender notes be issued, and that the public debt be paid as rapidly as possible by applying for this purpose the idle surplus now in the Treasury, were presented and severally referred to the Committee on Coinage, Weights, and Measures:

By Mr. GILFILLAN: Of citizens of Hennepin County, Minnesota.

HOUSE OF REPRESENTATIVES. FRIDAY, Januat·y 22, 1886.

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D.

The Journal of the proceedings ofyesterd..'l.y was read and approved. CONTI~GE..~T FUND, NAVY DEPARTMENT.

The SPEAKER laid before the House a letter from the acting Secretary of the Navy, transmitting a statement of expenditures of the contingent fund of the Navy Department for the fiscal year ended June 30, 1885; which was refeiTed to the Committee on Expenditures in the Navy Department.

PRINTING OF REPORT ON INTERSTATE COMMERCE.

The SPEAKER. In accordance with the statute, the Chair also lays before the House, for reference to the Committee on Printing, the following Senate concurrent resolution:

Resolved by the Senate (the House of Representati-r:es concurring), That 15,000 additional copies of W:le report of the Senate Select Committee on Interstate Commerce, together with the testimony, be printed; 5,000 for the use of the Senate and 10,000 for the use of the House of Representatives.

The resolution was referred to the Committee on Printing.

WITHDRAWAL OF PAPERS.

Mr. WHITE, of Pennsylvania, by unanimous consent, obtained leave to withdraw the application, affidavits, and all the papers in the claim of Alexander Goble, late corporal Company F, Sixty-third Regiment, and Company H, One hundred and fifth Regiment, Pennsylvania Volunteers, from the files of the House without leaving copies, no adverse report having been made thereon.

REPORT ON WAGES.

1\Ir. FARQUHAR. Ur. Speaker, I am instructed by the Committee on Printing to make a privileged report, and to ask for its present consideration.

The SPEAKER. The report will be read. The Clerk read as follows:

The Committee on Printing, tb whom was referred the joint resolution (H. Res. 57}, to print an addition to a report on wages ordered printed January 17, 1884, report the same back to the House, and recommend its passage.

The joint resolution as reported is as follows: Resolved, clc., That the Secretary of the Interior be, and he is hereby, author

ized and directed to print, as an addition to the report on the statistics of wages in manufacturing industries, prepared by Mr. Joseph D. Weeks, and ordered printed by the House of Representatives January 17, 1884, a report on the relative wages in the United States and Great Britain, compiled by 1\Ir. Weeks.

SEc. 2. That a sum not to exceed $500 be, and hereby is, appropriated to prepare said report for publication.

The SPEAKER. The committee do not seem to have submitted any estimate of the cost of the proposed printing.

Mr. FARQUHAR. The estimate is that the cost will not exceed $400; $350 is the amount proposed.

The SPEAKER. For the printing? :Mr. FARQUHAR. For the printing of this addition to the report on

wages. The SPEAKER. The rules of the House require the committee to

present in each case an estimate of the cost of the printing proposed, but that point seems not to be made in this case. The question is on the adoption of the resolution.

The resolution was concurred in. Mr. FARQUHAR moved to reconsider the vote by which the resolu

tion was concurred in; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. LEAVE OF ABSENCE.

By unanimous consent, leave of absence was granted as follows: To Mr. HENDERSON, of North Carolina, indefinitely, on account of

sickness in his family. To Mr. GIBSON, of Maryland, for two days.

ORDER OF BUSINESS.

The SPEAKER. This being Friday, the Chair will proceed to call the committees for reports of bills of a private nature.

ERASURE OF INSCRIPTIOXS, NORFOLK NAVY-YARD.

Mr. HERBERT. }.Ir. Speaker, I rise for the purpose of presenting a privileged reportfromtheCommitteeonNavalA:ffai.rs. The committee insbuct me to 1·eport back a resolution, which was referred to them, with

certain amendments; and I ask that the report be read, after which I shall demand the previous question npon the report and amendments.

The Clerk read as follows: The Committee on Naval Affairs has bad under consideration the resolution

referred to it by the House of Representatives, making inquiries of the honorable See1·etary of theN avy relating to the alleged erasure of certain inscriptions a.t the Norfolk navy-yard and other matters, and beg leave to report back the said resolution and recommend its passage with the following amendments thereto:

Amend by inserting the word •• and" between the words "ordered" and "upon," in theresolution,andbystrikingoutafterthewords "whatauthority," in the resolution, and inserting in lieu of the words stricken out the following:

"Honorable inscriptions have been obliterated a.nd honorably discharged soldiers and sailors of the United States have at any time been dismissed from the Norfolk navy-yard, and to transmit to this House copies of all correspondence in relation to dismissals or details made by order of the Secretary of the Navy, or his immediate predecessor, at the Norfolk navy-yard or in the light-bouse."

The resolution as amended will read, as follows: Resolved, That the Secretary of the Navy be, and he is hereby, directed to trans

mit to this House such information as he possesses concerning the truth or fal. sity of certain statements which have appeared in the public prints, as follows:

•• First. That the commandant at the United States navy-yard at Norfolk, Va., bn.s CB. used the honorable inscriptions heretofore borne upon the CB.nnon CB.ptured by the United States military or naval forces to be obliterated.

"Second. That said commandant has CB.used t-o be removed from the dry-dock at that navy-yard the tablet placed there at the time of its reconstruction, and bearing the inscription:

" 'Destroyed by the rebels in 1862. Rebuilt by the United States Government in 1863.

" 'J. W. LIVINGSTON, " ' fummandant.

"'W. H. LYONS, "'Superintendent of Machinery.•

"Third. That because of his protest against the removal of said inscription the superintendent who was in cllarge of the work of rebuilding said dock, and who had faithfully served the Government for many years, has been removed from his position and a. person who engaged in military service against the Government appointed in his place.

''Fourth. That in disregard of that 'grateful recognition of the services, sa-crifices, and sufferings of persons honorably discharged from the military and naval service of the country,' invoked bysectionsl753and 1754oftheRevisedStatutes, a number of such honorably Giscbarged soldiers or saHors of the United States has been dismissed from employment at said navy-yard and their places tilled by men who fought against the Government during the late rebellion.'"

And be it fm1her resol-r:ed, That if said foregoing allegations are true, the Secre· tary of the Navy be, and he is hereby, requested to inform this House upon whose order and upon what authority honorable inscriptions have been obliterated, and honorably discharged soldiers and sailors of the United States have at any time been dismissed from the Norfolk na"'--y-yard; and to transmit to this House copies of all correspondence in relation to dismissals or details made by order of the Secretary of the Navy, or his immediate predecessor, at the Norfolk navyyard, or in the light-house district in wllich said navy-yard is situated.

l\Ir. HERBERT. I demand tt.e previous question on the report and amendments.

Jlir. BOUTELLE. l\Ir. Speakel·--The SPEAKER. The gentleman from Alabama demands the pre·

vious question on the adoption of the report and amendments. Mr. BOUTELLE. I desire to inquire, Ur. Speaker, whether the pre

vious question, if ordered, will cut off an opportunity for amendment in the House.

The SPEAKER. It will; but there will be debate allowed under the rule for thirty minutes.

Ur. BOUTELLE. I would like to ask my friend the chairman of the Committee on NavalAtfairs if his object in demanding the previous question is to prevent a statement of the facts upon which this re olu-tion was based. •

Mr. HERBERT. The gentleman will have fifteen minutes within which to make his statement of facts. The resolution as amended calls for substantially all of the L'\Cts demanded by the resolution he submitted. It is in substance the same as the resolution originruly introduced by the gentleman himself, except thatitis broader; and he will have, I repeat, fifteen minutes within which to make his statement of facts.

Mr. BOUTELLE. Then I understandtheobjectistocutoffamendment and to limit the statement to fifteen minutes.

Several members demanded the regular order. The SPEAKER. The question is on ordering the previous ques-

tion. The House divided; and there were-ayes 87, noes 84. Mr. REED, of Maine, demanded tellers. Tellers were ordered. Mr. HERBERT and :Mr. BoUTELLE were appointed tellers. The House again divided; and the tellers reported-ayes 111, noes 7. l\Ir. PERKINS. No quorum. Mr. HERBERT. It is very evident that gentlemen do not want their

own interrogatories answered; I therefore withdraw the report. [Applause on the Democratic side.]

Mr. BOUTELLE. Mr. Speaker, I object to the withdrawal of the report, if it is within my parliamentary privilege to do so.

The SPEAKER. The report has not yet been acted upon by the Honse-

Mr. REED, of ~:Iaine. But, Mr. Speaker, it is being acted upon by the House. It is now in the possession of the House, and must be disposed of by the House.

The SPEAKER. The gentleman from .Alabama made the report from the committee, and thereupon demanded_ the previous question upon the adoption of the amendment and the report. The Chair will examine the rule.

1886. CONGRESSIONAL RECORD-HOUSE. 837 :Mr. HERBERT. I retain the :fioor while this point is pending. Mr. SPRINGER. Clause 2 of Rule XVI applies to this. It will be

found on page 248 of the Digest. Mr. HERBERT. I believe I h1.ve the right to withdraw the report

before it is aeted upon. The SPEAKER. The Chair will cause the rule to be read. The Clerk read as follows:

Clause 2, Rule XVI. When o. motion has been made, the Speaker sha~l state it, or (if it be in writing) cause it to be read aloud by the Clerk before bemg _debated, and it shall then be in the possession of the House, but may be Withdrawn at any time before a decision or amendment.

Mr. REED, of Maine. But this is a report of a committee, not a motion of an individual member. · The SPEAKER. The Chair thinks a proper construction of this rule is that it applies only to those motions made by members personally, on the :fioor, over which the member himself ought, as a matter ofj ustice, to have control until a decision has been reached upon them by the Honse. Such a motion may be modified by the member introducing it at any time before :final action is taken, and its character may be changed. But this is a report of a committee of the House, made to the Honse by the authority of the committee, -and the Chair thinks that the gentleman himself can not withdraw it without the leave of the House. [Applause on the Republican side.] .

Mr. REED, of Maine. I suggest to the gentleman from Alabama that he allow amendments to be offered by his colleague on the committee.

Mr. HERBERT. I have no instructions to allow any amendments. This matter was considered in the committee, and I make t.he report in obedience to the action of the committee.

Mr. REED, of Maine. But the chairman of the committee can allow an amendment to be offered.

Mr. HERBERT. I decline to .allow it. Mr. REED, of Maine. There is a sufficient majority on the other

side of the House to keep down any really obnoxious amendments. Mr. HERBERT. The resolution embodies substantially all the

inquiries contained in the original resolution. I move that there be a call of the House.

Mr. BOUTELLE. I would like to ask the chairman of the commit-tee-

Many 1tf1rnBERS on the Democratic side. Regular order ! The SPEAKER. The regular order is demanded. Mr. BOUTELLE. I am addressing myself to the chairman of the

committee. [Renewedcries of "Regular order!"] Mr. Speaker, Iris'e to a parliamentary inquiry. . .

The SPEAKER. The gentleman will state it. Mr. BOUTELLE. If I am not to be allowed to address the chairman

of the Committee I will address the Speaker. Mr. HERBERT. I have stated that I would answer the gentleman's

question. Mr. HAMMOND. I call for the regular order. The SPEAKER. The gentleman from Maine will state his inquiry. Mr. BOUTELLE. I ask whether the chairman of the committee has

stated to the Honse that the Committee on Naval A:ffairs instructed him to call the previous question upon this report.

The SPEAKER. The Chair did not observe the statement the gentleman made.

Mr. HERBERT. I made no such statement. Mr. McMILLIN. I suggest that the matter is immaterial. Tl!e g~n

tleman from Alabama [Mr. HERBERT] has the right to call the previous question without instructions from his committee.

Mr. BOUTELLE. He was not so instructed. Mr. RANDALL. Gentlemen have no right to make inqUiries or

statements as to what occurred in the committee. · The SPEAKER. The gentleman from Alabama [Mr. HERBEiiT]

moves a call of the Honse. . The question being taken on ordering a call of the Honse, there

wer~ayes 94, noes 86. · Mr. BOUTELLE. I call for the yeas and nays on this question. The yeas and nays were ordered. The question was taken; and there were-yeas 155, nays 123, not vot

ing 46; as follows: YEAS-155.

Adams, J. J. Bynum. Allen, J. M. Cabell, Anderson, C.l\I. Caldwell, Ballentine, Campbell, Felix Barbour, Campbell, T. J. Barksdale, Candler, Barnes, Catchings, Barry, Clardy, Beach, Clements, Belmont, Cobb, Bennett, Cole, Blanchard, Coll1ns, Bland, Compton, Bliss, Comstock, Blount, Cowles, Boyle, Cox, Bragg, Crisp, Breckinridge, C. R. Croxton, Breckinridge,WCP. Culberson,

Curtin, Geddes, Dargan, Gibson, Eustace Davidson, A. C. Glass, Davidson, R. H. M. Green, R. S. Dawson, Hale, Dibble, Hall, Dockery, Halsell, Dougherty, Hammond, Dowdney, Harris, Dunn, Hatch, Eden, Heard, Eldredge, Hemphill, Ellsberry, Herbert, Fisher, Hewitt, Foran, Holman, Ford, Howard, Forney, Hutton, Frederick, Irion, Gay, John ton, T. D.

Jones, J. H. Jones, J. T. Kleiner, Laffoon, Landes, Lanham, LeFevre, Lore, Lovering, Lowry, Mahoney, Mn.rtin, Matson, Maybury, McAdoo, :McCreary, McMillin, McRae, Merriman, Miller,

Adams, G. E. Allen,O. H. Anderson, J. A. Atkinson, Baker, Bayne, Bound, Boutelle, Brady, Browne, T . l\I. Brown, C. E. Brown, W. W. Brumm, Buchanan, Buck, Bunnell, Burrows, Campbell, J. M. Cannon, Caswell, Conger, f'.ooper, Davenport, Davis, Dingley, Dorsey , Dunham, EJy, Everhart, Farquhar, Felton,

Mills, Mitchell, Morgan, :Morrison, Muller, Murphy, Neal, Neece, Norwood, Oates, O'Ferral1, Outhwaite, Peel, Percy, Pidcock, Pindar, Randall, Reagan, Reid,J. W. Reese,

Richardson, Throckmorton, Robertson, Tillman, Rogers, Townshend, Sadler, Trigg, Sayers, Tucker, Seney, Turner, Seymour, Van Eaton, Singleton, Viele, Skinner, Ward, .J.H. Snyder, 'Vard, T.B. Spriggs, Warner, A. J. Springer, Weaver, J. B. St. Martin, Wellborn,

tone, W. J., of Ky. Wheeler, Stone, ,V, J., of l\Io. Wilkins, Storm, Wilson, Swope, Wise, Tarsney, Wolford, Taulbee, Worthington. Taylor, J. M.

NAYB-123. Fleeger, Fuller, Gallinger, Gilfillan, Grosvenor, Guenther, Hahn, Hanback, Hayden, Haynes, · Henderson, D. B. Hepburn, Herman, Hiestand, Hires, , Hi:;rcock, Hitt Ho~es, Hopkins, Houk, .James, Johnson, F. A. Johnston, J. T. Ketcham, La. Follette, Laird, Libbey, Lindsley, Little, Long, Loutitt,

Lyman, McComas, 1\fcKenna., McKinley, Millard, Milliken, Moffatt, Morrill, Morrow, Negley, N elson, O'Donnell, O'Hara O'Neill; Cllarles Osborne, Owen, Parker, Payne, Payson, Perkins, Peters, Pettibone, Phelps, Pirce, Plumb, Price, Ranney, Reed,T.B. Rice, Rockwell, Romeis,

NOT VOTING--4.6.

Rowell, Ryan, Sawyer, Sessions, Smalls, Spooner, Stephenson, Stewart, J. W. S trait, Struble. Swinburne, Symes, Taylor, E. B. Taylor, I. H. Thomas, J. R. Thomas, 0. B. Thompson, VanSchaick:, Wade, Wadsworth, Wait, Wakefield, Warner, William Weaver, A. J. Weber, West, White,A.C. White, Milo Whiting, Woodburn.

Aiken, Evans, Hill, Scranton, Shaw, Sowden, Stahlnecker, Steele,

Arnot, Findlay, J ackson, Bingham, Funst<>n, Kelley, Burleigh, Gibson, C. H. King, . Burnes , Glover, Lawler, Butterworth, Goff, Lehlbach, Campbell, J. E. Gree~, W. J. Markham, Oadet<>n, Grout, O'Neill, J.J. Crain, Harmer, Pulitzer, Cutcheon, Henderson, J. S. Rankin, Daniel, • Henderson, T. J. Riggs, Ermentrout, ~enl~y, Scott,

So a call of the House was ordered.

Stewart, Charles Stone, E. F Taylor, Zach Willis, Winans.

Before the result of the vote was announced the following proceedings took place:

1tlr. JAMES. I ask unanimous consent that the reading of the nam~ be dispensed with.

Mr. BOUTELLE . . I object. The names of members voting having been read, The following pairs were announced: Mr. HILL with Mr. LAIRD, until further notice. Mr. AIKEN with Mr. KELLEY, until further notice. Mr. DmBLE with Mr. GoFF, for this day. ~Ir. STAHLNECKER with Mr. SCRANTON, for this day. Mr. TIMOTHY J. CAMPBELL with Mr. THO:MAS, of Wisconsin, until

Wednesday next. Mr. GREEN, of North Carolina, with Mr. HENDERSON, of Illinois, on

this vote. Mr. ERMENTROUT with Mr. JACKSON, for this day. Mr. ARNOT with :Mr. ZACH. TAYLOR, for this day. The result of the vote was announced as above stated. The SPEAKER. .A. call of the House having been ordered, the Clerk

will now call the roll, and members present will answer to their names as called.

Mr. HISCOCK. Before the roll is called I desire to ask leave of ab-sence. .

The SPEAKER. If there be no objection, before the call is commenced the Chair will lay before the Honse requests for leave of absence.

By unanimous consent, leave of absence was granted as follows: To 1tlr. PAYNE, for one week, on account of important business. To Mr. FELTON, until Monday next. ToUr. HIScoCK, for one week, on account ofimportant business. Mr. REID, of North Carolina. I a."k unanimous consent that leave

of absence be granted to my colleague Mr. GREEJ.~ for one week. He is now absent on account of sickness.

There being no objection, leave was granted.

838 CONGRESSIONAL RECORD-HOUSE. JANUARY 22,

The SPEAKER. The Clerk will proceed to call the roll. The Clerk proceeded to call the roll; and the following members

failed to answer to their names: · Mr. A.l:KEN, :hir. ARNOT, Mr. BINGHAM, 1.Ir. BuRLEIGH, Mr. FELTON,

Mr. FINDLAY, Mr. FREDERICK, 1.Ir. GLOVER, 1.Ir. GOFF, Mr. GREEN of North Carolina, lli. GIBSON of 11-Iaryland, Mr. HENDERSON of North Carolina, Mr. HENLEY, lli. HILL, lli. HiscoCK, lli . .JACKSON, Mr. KELLEY, lli. KING, lli. PULITZER, Mr. RANKIN, 1\Ir. RIGGS, Mr. ScoTT, 1\Ir. SCRANTON, 1t{r. SOWDEN, Mr. STAHLNECKEB, Mr. STONE of Massachusetts, and Mr. ZAeR. TAYLOR.

The SPEAKER. It appears from the call of the roll there are two hundred and ninety-eight members present and twenty-seven absent. The Doorkeeper will now close the doors of the Honse.

1\Ir. TIMOTHY .T. CAMPBELL. Mr. Speaker, I wish to ask for a leave of absence until Wednesday next.

The SPEAKER. This is not the time for making excuses. Mr. HERBERT. I offer the following resolution: The Clerk read as follows: . Ordered, That the Sergeant-at-Arms take into custody and bring to the bar of

the Housll such of its members as are now absent without leave of the House, 1\Ir. STEELE. I move that that resolution be laid on the table. Mr. REED, of Maine. Have the list of absentees read. The SPEAKER. They have been called twice. 1\fr. REED, ofMaine. But has the list of absentees been read? The SPEAKER. They have not been read. Mr. REED, of Maine. I submit that it is in order to have that list

read. The SPEAKER. It is right to have the list of absentees read, as

some of them may be absent on leave. 1\Ir. REED, of Maine. Opportunity should be given to offer excuses

for tho e who are absent without leave before we take such violent means to bring them here.

The SPEAKER. The Clerk will read a list of the absentees, when excuses can be offered.

The Clerk then proceeded to call the list of absentees. Mr . .AIKEN: The SPEAKER. The gentleman is absent by leave of the House. Mr. ARNoT. Mr. FELIX CAMPBELL. 1\Ir, ARNoT is absent from the Honse

on account of illness, and I move he be excused. The motion was agreed to. Mr. BINGHAM: No excuse offered. Mr. BURLEIGH: No excuse offered. 1\Ir. FELTON: No excuse offered. Mr. FINDLAY: No excuse offered. Mr. FREDERICK: No excuse offered. Mr. GIBSON, of Maryland: No excuse offered. Mr. GLOVER: No excuse offered. Mr. GOFF: No excuse offered. ·Mr. GREEN, of North Carolina. Mr. REID, of North Carolina. My colleague Mr. GREEN is absent

on account of sickness, and I move he be excused. The SPEAKER. The gentleman's colleague has already been ex-

cused on his previous motion. 1\Ir. REID, of North Carolina. All right then. Mr. HE DERSON, of North Carolina. Mr. REID, of North Carolina. My colleague Mr. HENDERSON has

been granted indefinite leave of absence on account of sickness in his family. ,

The SPEAKER. It is not necessary to offer excuses for any gentleman ab ent by leave of the House. The Chair will see no order is issued for the arrest of members who are absent on leave.

Mr. HENLEY: No excuse offered. Mr. HILL: No excuse offered. 1\Ir. Hrscocx:: No excuse offered. Ur. JACKSON: No excuse offered. Mr. KELLEY. Mr . .ANDERSON, of Kansas. The gentleman from Pennsylvania,

1\Ir. KELLEY, has been confined to his bed for more than a week, and I ask that he be excused.

:Mr. PETTIBONE. Let that be done by general consent. There was no objection, and it was ordered accordingly. Mr. KING: No excuse offered. M.r. PULITZER. Mr. VIELE. My colleague is absent from the city, and I move that

he be excused. . The motion was agreed t::. Mr. RANKIN. Mr. CASWELL. My colleague is absent on account of sickness, and

I mo\·e that he be excused. The motion was agreed to. Mr. RIGGS: No excuse offered. Mr. ScoTT: No excuse offered. :Mr. ScRA..J.~TO.N. Mr. 0 BORNE. l\fy colleague is absent on leave. Mr. SowDEN: No excuse offered.

lli. STONE, of :Massachusetts. 1\Ir. DUNHAM. The Committee on Rivers and Harbors is sitting

during the session of the House, and no doubt the gentleman from :Massachusetts, who is a member of that committee, is attending the sessions of that committee.

The SPEAKER. That will be a good excuse when he comes in. lli. DUNHA.M. I move that 1\Ir. STONE, of Massachusetts, be ex·

cused. The motion was agreed to. Mr. STAHLNECKEB. Mr. PAYNE. lli. STAHLNECKEBwas summoned to NewYork last

night, and I move that he be excused. The motion was agreed to. lli. ZACH. TAYLOR. . • Mr. HOUK. My colleague is at home attending the funeral of his

father, and I move that he be excused. There was no objection, and it was ordered accordingly. The question recurred on the motion of the gentleman from Indiana.

[Mr. STEELE] that the order offered for adoption by the gentleman from Alabama [Mr. HERBERT] be laid on the table. · The motion was disagreed to.

The question recurred on the following resolution: Ordered, That the Sergeant-at-Arms take into custody and bring to the bar of

the House such of its members as are now absent without l.eave of the House. The House divided; and there were-ayes 108, noes 93. So the motion was agreed to. Mr. HERBERT. I move to reconsider the resolution just adopted;

and also move that the motion to reconsider be laid on the table. The SPEAKER. The question is on the motion ro lay the motion

to reconsider on the table. The question being taken, there were-ayes 109, noes 34. Mr. STELLE. I demand tellers. · Tellers were ordered, 47 members voting therefor. The SPEAKER. The Chair appoints as tellers the gentleman from

Indiana, Mr. STEELE, and the gentleman from ..A.l.&bama, Mr. REBBERT.

The House again divided; and the tellers reported-ayes 1361 noes41. So the motion to reconsider was laid on the table. lli. REED, of :Maine. I move that we dispense with all further pro

ceedings under the call. It has become apparent there are only twelve absentees to be sent for, and that fact shows the House is unusually 1jill.-that there are enough members here for the transaction of the public business.

The sole question which now exists between the two sides of the House is a question of liberty of debate. No unreasonable time is asked for by the minority. They are perfectly ready to be contented with any reasonable time for debate, and we can dispose of the question in the regular way much sooner than we can by this consumpti{)n of time. No time is saved by proceedings of this nature. A.nd I do not think as a matter of parliamentary law that the previous question was intended to cut off a reasonable amount of debate on the subject pending. It was not intended as a gag law for the minority, but simply as a means of protecting the majority from too prolonged a debate.

The debate which is asked for on thissubjectwillnotcomprisemore than an hour and a half or two honrs on each side; and we shall certainly waste much more time than thatwithout anyobjectbyproceedings of this kind. It can not be that the gentlemen on the other side with a majority of 40 are desirous of suppressing debate for fear of any consequences. It seems to me that they ought to be willing to lmve this question fully and fairly discussed.

One of the great objects of a. meeting of Congress is to discuss questions of whatever kind they may be that may come before it and which are the subjects of its action, and the right of debate ought to be sacredly guarded by both sides. The means which are put in the hands of the majority for abridging an unreasonable continuance of debate ought not to be used for the purpose of silencing other gentlemen on the floor of the House.

What I have saidisjust as applicable to one side as tntheother. It is reasonable and commends itself to the good sense of all the members of the House. A.nd I submit to gentlemen on the other side t.hat t.he proper course with regard to this matter and with regard to all other matters of this kind is to make a reasonable adjustment of the time for debate and allow the matter to be discussed ..

No harm ever came in a free country by the free discussion of .any proposition. This proposition which has been brought up here will have to be discussed in some shape or other, and it may as well be done decently and in order as in any other way. I appeal to the gentleman from Alabama [Mr. HERBERT], who is not constrained by any vote of his committee-for as I understood him to say on the floor of the House his committee gave him no directions with regard to that-I appeal to him to withdraw his motion for a time and have an understandinO' that it shall be renewed after a reasonable time has bee~ allowed fo; debate, and then let u.s proceed with the public business.

Mr. HERBERT. The rnles of this House prescribe a reasonable time for debate upon such questions as this-fifteen minutes on each side after the previous question is ordered. This is simply a resolution

1886. CONGRESSIONAL RECORD-HOUSE.- 839 of inquiry which originated on the other side of the House. There is cuss this question. My colleague [Mr. BoUTELLE] wishes to discuss nothing to debate until the inquiries shall have been answered. I there- it, and the gentleman from Virginia (.Mr. BRADY] wishes to discuss it, fore insist upon my motion. and I submit to the House that upon every principle of reasonable

Mr. REED, of Maine. Will the gentleman-permit me a word? He action in a parl.iamenta.ry body such discussion ought t o be permitted. proposes to add to the resolution which was introduced on this side of Mr. HEWITT. Mr. Speaker-- · the House an amendment which discussion will show to be entirely Mr. REED, of Maine (continuing). And fifteen minute does not futile. It will be shown not to produce the result the gentleman in- seem to any fair-minded man-I will not say anything o.ffensh-e, but I tends; and it is the object of all discussion to show mistakes which may will say that it does not seem to me that fifteen minutes is a reasonable have been made on the part of the committees. time for the discussion of a question of this kind.

Mr. HERBERT. We are entirely willing on this side to accept the Mr. HEWITT. Does the gentleman yield the floor ? consequences of any mistakewe may have made by adding to the reso- Mr. REED, of Maine. I yield to the gentleman from New York. lution introduced by gentlemen on the other side, and I think fifteen Mr. HEWITT. I beg the gentleman's pardon. Does he yield the minutes a u.flicient time to debate this resolution. If the inquiry we :floor? have added is futile the answer of the Secretaryofthe Navy will show Mr. REED, of Maine. Oh, certainly. it. The gentleman need not concern himself about that. Mr. HEWITT. Mr. Speaker, from what has been said by the gen-

Mr. REED, of Maine. But it concerns the House. I am not under- tleman from Maine [Mr. REED] so forcibly and eloquently in regard taking to concem myself about this matter at all. to the privilege of debate there will be no dissent on this side of the

Mr. BLANCHARD. Regular order ! House. On the contrary, we upon this side of the House hav-e for many Mr. REED, of Maine. The regular order is the discussion of the years had to maintain the right of the represent.a.tives of the people to

motion I have presented, which is that further proceedings under the discuss important political questions, and many times since I have been call be dispensed with. That motion is debatable, and, if the Chair in this Honse have I seen the other side of it attempt to check and replea8es, I believ-e I have the floor. press debate, and on one memorable occasion, for more than two day ,

The SPE.A.K.ER. The Chair does not know of any rule of the House running into the third day, this side of the House was compelled to which prohibits debate on the pending motion. vindicate the privilege of debate. It does not lie in the mouth of the

Mr. REED, of Maine. Therefore the presumption is I have the :floor. gentlemen on the other side to taunt this side of the House with any :M:r. HERBERT. I had not yielded the :floor. attempt to limit debate. Mr. REED, of Maine. The gentleman will excuse me. He had The House has settled this question by its rules. On resolutions of

yielded it. The gentleman had finished and I had begun. this sort the House has provided that fifteen minutes of discussion on The SPEAKER. The Chair was not giving particular attention at each side, makingthirtyminutes in all, shall be allowed; and the decision

the moment. The gentleman from Maine first took the floor and put of the House under the rules is justified in cases of resolutions of ina question to the gentleman from Alabama [Mr. HERBERT], who rose quiry, from the fact that there is no information before this Honse upon to answer it, the gentleman from Maine still remaining standing; and which an intelligent debate can be had. The very object of the resothe Chair did not understand whether he yielded the floor absolntely lution is to get the facts upon which the debate may proceed. If genor simply for the answer of the question of the gentleman from Ala- ' tlemen on the other side wish debate, I think I may pledge this side of bama. the House and the committee of which I am a member to give them

Mr. REED, of Maine. Allow me to explain, Mr. Speaker. the amplest opportunity tn discuss the resolution hen we have the Mr. HERBERT. The gentleman from Ma4le had comJ>leted what information before the House. But to undertake to come in here with

he had to say, as I understood it, before I rose. a partisan statement of facts, about which no one is informed and no ?tlr. REED, of Maine. Mr. Speaker, I not only did not yield the one can be informed until the inquh-y is answered, and precipitate a

floor. but the gentleman from Alabama [Mr. HERBERT] had finished debateon thisHouseunderthesecircumstances; isawasteofthepublic his remarks and I had begun to address the Chair again and had cl{)Sed time and, in my judgment, an abuse of the confidence of the House. asentence, hen thegentleman.fromLouisiana[?tlr. BLA.NCHAB.D] rose (Applause on the Democratic side]. and called for the regular order, and I asseverated to the Speaker that The SPEAKER. The question is on the motion of the gentleman the regular 'Order was some remarks from me. (Laughter.] from Maine [Mr. REED] that all further proceedings under the call be

:Mr. HERBERT. The gentleman was not on the door-- dispensed with. Mr. McUILLIN (in his .seat). Let him make his speech. The motion was not agreed to; there being-ayes 95, noes 132. The SPEAKER. The gentleman from Maine [Mr. REED] will Jlro- Mr. REED, of Maine (after a pause). .M.r. Speaker, I trust that

,ceed, and after him the Chair will recognize the gentleman from .Ala- proper measures are being taken to bring in the dozen gentlemen who ,ba.ma [Mr. HERBERT]. are stopping the business of the House.

Mr. REED, of Maine. Now, Mr. Speaker, I will .say, in response to The SPEAKER. The Sergeant-at-Arms is out with his warrant. my friend from Tennessee (M.t. McMILLIN], that I have no desire what- The deputy sergeant-at-arms appeared at the bar of the House, hav-ever to make a speech. I simply desire oo call the attention of the ing in custody Mr. RIGGS and Mr. SoWDEN. House- The SPEAKER. Mr. RIGGs, you are reported as having been ab-

Mr. HERBERT. .Mr. Speaker, I desire to know whether, under the sent from the House without its leave. What excuse have you to ruling of the Chair, the resolutions themselves are debatable. offer?

The SPEAKER. They .are not. The qu~tion, and the only ques- . Mr. RIGGS. Mr. Speaker, if it were not that I might appear wanttion now before the House, is whether it will dispense with farther pro- ing in proper deference for you and the House, I would propound a ceedings under the call. question for myself. I should like to know by what authority any of·

Mr. HERBERT. I trust that the Chair will confine the gentleman ficer of the House can arrest me when I am in the House. from Maine [.Mr. REED] to that ,question. The SPEAKER. The gentleman, by the record made up after the

Mr. REED, of 1t1ain.e. I suppose, Mr. Speaker, that in discussing roll-call had been called twice, appears to have been absent from the the question of the motion. which I have presented to the House I may House. use such arguments as, in my compl.i.mentary fashion, I believe will Mr. RIGGS. I understand that is the appearance, but--move the other side of the House. (Laughter.] · The SPEAKER. Of course the Sergeant-at-Arms had no discretion

I desire to say that I have no disposition wharever to make a speech when acting under the authority of the House. or to enter upon the discussion of these resolnti.ons. It is no part of my Mr. RIGGS. But I was not absent. province and no part of my wish. I am not in possession of anyinfo.r- Mr. HAMMOND. It is impossible for me to hear the gentleman's mation which I can give the House upon this subject, and therefore I excuse, and unless I hear it I shall not know how to vote. am not dispo ed to discuss it. The proposition that I do wish to dis- The SPEAKER. The gentleman [Mr. RIGGS] states he was in the cuss is the reasonableness and propriety of debate on the part of the House when the officer came to him. House on this subject. We sit here fornootherpurposethan to decide ?tlr. HAMMOND. The point I desire to make is that gentlemen ·questions which legitmately come before us, and to decide them after should take their seats, so that we may understand the business which debate. It is of the very essence of a free government that there shall is proceeding. be full and free debate ; nor ought the existence o.r continuance of that The SPEAKER. The point is well taken; gentlemen will resume debate to depend upon the opinion of any gentleman, or set of gentlemen, their seats. The gentleman from Illinois [Mr. RIGGS] was absent from as tow hether the matter is a proper subject of discussion or not. What- the Hall of the House for a few minutes, as the Chair understands, and ever is suitable to come before this House is suitable to be debated by came back before the doors were closed, but after his name ad been this Honse, and the normal condition of a preli.mi.nary assembly is that called. of oebating questions which are brought before it. Mr. RIGGS. That is the fact.

Nevertheless, it was discovered that, in the ordinary course of human The SPEA.KER. Shall the gentleman be excused? a.:ffa.irs, with a large body of men therewasgreatdangertha-t time would .Mr.SPRIN.GER. Underth.ecircumstanceslmovethatmycolleague be wasted by discussing questions long after they had been decided in be e:xcused. the minds ofthe members oftheHouse; butthepresumptionis always The motion was agreed to. · in favor <Of debate, and while the House is armed with power to limit The SPEAKER. Mr. SOWDEN, you arealsoreportedashavingbeen debate, it ought to be a reasonable limitation. Gentlemen wish to dis- abse~t from the House without leave. What excuse have you to offer?


Mr. SOWDEN. Mr. Speaker, I was unavoidably detained this morning at the Pension Office on the business of my constituents, but I endea,vored to get here as promptly as possible.

}fr. EDEN. I move that the gentleman from Pennsylvania be excused.

The motion was agreed to. The deputy sergeant-at-arms appeared at the bar of the House, hav

ing in custody Mr. BINGHAM. The SPEAKER. Mr. BINGHAM, you are reported as having been

absent from the House without leave. What excuse have you to offer? :Ur. BINGHAM. Mr. Speaker, having attended the session of the

Committee on thePost-Office and Post-Roads this morning at half-pMt 10 o'clock, and having sat through the entire meetin?, I obtained a pair at 12 o'clock with the gentleman from California LMr. HENLEY], in order that I mjght go to several of the Departments to attend to some business I had there. Believing that the House would go to the Private Calendar to-day, I thought that my return at this hour would be early enough for the general business of the House.

lli. BEACH. I move that the gentleman be excused. The motion was agreed to. Mr. HERBERT. It seems, Ma. Speaker, there is a quorum present

of those who will vote on this motion, and we can dispense with the call if all the Democrats now in the House shall remain and vote. I therefore move to dispense with all further proceedings under the call.

Mr. REED, of Maine. How many. of the half-dozen does that leave out still absent?

Several MIDrnERS. Regular order! The SPEAKER. The question is on the motion to dispense with fur

ther proceedings under the call. Tbe motion was agreed to. The SPEAKER. The doors of the House will be reopened. The

question is on the demand made by the gentleman from Alabama [Mr. HERBERT] for the previous question on the adoption of t.he report which he has submitted.

Mr. HERBERT. I call for the yeas and nays. The yeas and nays were ordered; and it was decided in the affirma

tive-yeas 160, nays 91, not voting 73; as follows: YEAS-160.

Adams, J. J'. Culberson, Allen, J. l\I. Curtin, Anderson, C. M. Daniel, Ballentine, Dargan, Barbour, Davidson, A. C. Barksdale, Dawson, Barnes, Dockery, Barry, Dougherty, Beach, Dowdney, Belmont, Eden, Bennett, Eldredge, Bland, Ellsberry, Bliss, Ermentrout, Blount, Fisher, &yle, Foran, Bragg1 Ford, Breckmridge, 0. B. Forney, Breckinridge, WCP Frederick, Burnes, Gay, Bynum, Geddes, Cabell, Glass, Caldwell, Hale, Campbell, Felix Hall, Campbell,J.E. Halsell, Campbell,T.J. Hammond, Candler, Harris, Carleton, Hatch, Catchings, Heard, Clardy, Hemphill, Clements, Herbert, Cole, Hewitt, Cobb, Holman, Collins, Howard, Compton, Hutton, Comstock:, Irion, Cowles, Johnst<Jn, T. D. Oox, Jones,J'. H. Crain, Jones,J.T. Crisp, Kleiner, Croxton, Laffoon,

Landes, Lanham, Lawler, LeFevre, Lore, Lovering, LoWYY, :Mahoney, :Martin, Matson, :Maybury, l\IcAdoo, McCreary, McMillin, McRae, Merriman, Miller, Mills,~ Mitchell, Morgan, :Morrison, :Muller, Murphy, Neal, Neece, Nol'Wood, Oates, O'Ferrall, O'Neill,J.J'. Outhwaite, Peel, Perry, Pidcock, Pindar, Randall, Reagan, Reid,J'. w. Richardson, Riggs, R<Jbertson,

NAY8-91. Adams, G. E. Atkinson, Baker, Bayne, Bingham, Bound, Bmdy, Browne, T. M. Brown, C. E. Brown,W.W. Brumm, Buchanan, Buck, Bunnell, Blll'rows, Caswell, Conger, Cooper, Cutcheon, Davenport, Davis, Dorsey, Ely,

Everhart, Farquhar, Fleeger, Fuller, Funst<Jn, Gallinger, Grosvenor, Guenther, Hanback, Harmer, Hayden, Henderson,D. B. Henderson, T.J. Herman Hiestand, Hires, Hitt, James, Johnson, F. A. Johnston, J. T. Ketcham, Laird, Lehlbach,

Libbey, Long, Lyman, Markham, McComas, Millard, Morrow, Negley, O'Donnell, O'Hara O'Neill: Charles Osborne, Owen, Parker, Payson, Perkins, Peters, Pettioone, Phelps, Plumb, Price, Rice, Romeis, ·

Rogers, Sadler, Sayers, Seney, Seymour, Shaw, Singlet<Jn, Sklllner, Snyder, · Sowden, Springer, Stewart1 Charles St.Martm,

·Stone, W.J.,ofKy. St<Jne, W.J.,ofMo. · Storm, . Swope, Tarsney, Taulbee, Taylor, J'.l\1. ~~~orton, Townsh~nd, Tucker, Turner, VanEat<Jn, Viele, Ward,J.H. Ward,T.B. Warner, A. J'. Weaver,J'.B. Wellborn, Wheeler, Wilkins, Willis, Wilson, Winans, Wise, Wolford, . Worthington.

Ryan, Sessions, Smalls, Spooner, Steele, Stewart, J'. W. Strait, Struble, Swinburne, Symes, Taylor, I. H. Thomas, J'. R. ThompS<Jn, Van Schaick, Wade, Wadsworth, Wait, Wakeneld, Weaver,A.J'. West, . -White, Milo · Woodburn.

NOT VOTING-73.

Aiken, Gib on, Eustace King, Allen, C. H. Gillillan, La :Follette, Anderson, J' . .A. Glover, Lindsley, . Arnot, Goff, Little, Blanchard, Green, R. S. Loutitt, Boutelle, Green, W. J'. McKenna, Burleigh, Grout, McKinley, Butterworth, Hahn, Milliken, Campbell, J. M. Haynes, Moffat, Cannon, Henderson, J. S. Morrill, Davidson, R. H.M. Henley, NelS<Jn, Dibble, Hepburn, Payne, Dingley, Hill, Pirce, Dunham, Hiscock, Pulitzer, Dunn, Holmes, Rankin, Evans, Hopkins, Ranney, Felton, Honk, Reed, T. B. Findlay, Jackson, Reese, Gibson, C. H. Kelley, Rockwell,

Rowell, Sawyer, Scott, Scrant<Jn, Spriggs, Stahlnecker, Stephenson, Stone, E. F. Taylor, E. B. Taylor, Zach Thomas, 0. B. Trigg, Warner, William Weber, White, A. C. Whiting.

So the previous question was ordered to be now put .• During the roll-ca1l, Mr. HERBERT moved to dispense with the reading of the names. Mr. BOUTELLE objected. The following additional pairs were announced: . Mr. GREEN, of North Carol.ina, with Mr. HISCOCK, for one week. Mr. GIBSON, of Maryland, with Mr. PAYNE, for one week. Mr. GIBSON, of West Virginia, with Mr. FELTON, until :Monday

next. Mr. HENLEY with Mr. BINGHA:di, for to-day. The vote was then announced as above recorded. The SPEAKER. The previous question having been ordered, under

the rules of the House thirty minutes are allowed for debate; :fifteen minutes in support of the report and :fifteen minutes against it. The Chair will recognize the gentleman from Alabama [Mr. HERBERT] in support ofthereport and the. gentleman from Maine [Mr. BouTELLE] in opposition.

Mr. HERBERT. I do not desiJ:e to debate this question unless something is said on the other side of the House. The committee has reported back the resolutions referred to them and they are simply resolutions of inquiry addre sed to the Secretary of the Navy. I will reserve the balance of my time until I hear from the other side of the House-if.they desire to discuss the question.

Mr. BOUTELLE. Mr. Speaker, I believe that the first legislative action of this House of Representatives at the present session was the passage of an act by unanimous consent, for which purpose the entire legislative business of the country was suspended, to remove the political disabilities of an ex-confederate who had waited more than twenty years be.fure discovering that he desired to be placed in the line of eligibility to appointment under the executive department of the United States. In contrast with that I have been tauntingly informed here today that :fifteen minutes of time is an ample allowance to present the case of the outrageous dismissal of the disabled veterans of the Union armies from the employment of the Government, and the defacement, obliteration, and removal of memorials of the success of the Union armies. I trust, Mr. Speaker, that these facts in themselves and in their juxtaposition may prove more impressive to this country than any remarks I might have been able to offer on the subject.

The resolution which I introduced some two weeks ago related the fact that the public journals of this country alle.ged that an officer of the United States Government, at one of the navy-yards of the Government, had ordered the obliteration or effacement of honorable inscriptions upon cannon captured by the forces of the United States, and had caused to be removed from its place at the dry-dock at the Norfolk navy-yard a memorial tablet setting forth the destruction of that navyyard by the rebels in 1862 and the reconstruction of the dry-dock by the United States Government in 1863.

I do not understand, Mr: Speaker, that the facts as set forth in that resolution have in any wise been contradicted. - On the contrary, I find that in a newspaper entitled the Landmark, published in the city of Norfolk, in an editorial printed two days after the resolutions were introduced in this House, the editor of that paper, himself being closely connected as I understand in intercourse and intimacy with that officer of the Norfolk navy-yard, stated as follows:

Resolutions of inquiry have been introduced in Congress by Mr. BOUTELLE, of Maine, relative t<J alleged a-ctions of the commandant of this naval tat.ion; but we make oold t<J say that in place of implied censure, Commodore Truxt<>n is entitled t<J praise. * * *

When he took charge of this navy-yard he found an inscription which was intended to keep alive the bitt<Cr memories of our civil strife; and it is underst<Jod that with the patriotic remark that" the war had been over twenty years," he had this removed. .. -

That tablet, Mr. Speaker, was placed on that dry-dock after the reconstruction of the works there in 1863 by the United States Government by the order, primarily, as I am informed, of Admiral Joseph Smith, formerly of the State of Maine, at that time Chief of the Bureau of Yards and Docks, and also by the order and authority of the then commandant atthenavy-yard, whose name appeared upon it with that of the superintendent of machinery, who had supervised the rebuilding of the dock.

Thissuperintendent, Mr. W. H. Lyons, had foundhimselfatNoTfolk at the outbreak of the war, and being enabled to render to the . United

I

1886. CONGRESSIONAL RECORD-HOUSE. 841 States very valuable service, by furnishing drawings of the rebel ironclad Merrimac to the Government at Washington, he was recognized, on our aecession to the control of that place, by an appointment authorized by the President, Abraham Lincoln, and made by Hon. Gideon Welles, then Secretary of the Navy, as superintendent of the machinery at that yard. He held that position with ability until the time when he was ordered by this commandant to take down that honorable memorial of the recapture of that navy-yard by the Government, and because of his demurring to the effacement of that honorable record he was summarily dismissed and a man appointed in his place whose title to the position rested solely upon his services in the confederate army.

I deemed that, Mr. Speaker, a sufficient reason for offering the resolution calling the attention of the House of Representatives to this matter. I found, further, that since the 4th day of March, 1885, there has been at that navy-yard a repeated and systematic removal from the positions in which they were placed by the officers of the Government in recog.nition of their services in behalf of this nation of the wounded and disabled veterans of the Republic to make places for the men who fought to destroy it. I deemed that also a fitting matter to call to the attention of the House of Representatives and of the country.

Now, sir, I can not in the scanty moments allowed me read you this rosterofnamesofUnion soldiers and sailors thus removed which I have upon my desk. I have not time to read you the appeal that comes to me from the Richmond Post of the Grand Army of the Republic, that little outpost of patriots located down there in Virginia, against the outrages upon their comrades. I am obliged to hasten forward, and in this general manner simply touch upon what is covered by my resolution. I desire to say, however, that the attempt, wherever made or by whomsoever made, to set up the plea that the tearing down of the loyal memorials of the war is demanded by any broad spirit of patriotism-the plea that the men on the other side are anxious to obliterate the recollections of the war-is based upon ab olute sophistry. I say that if the time has come, or if it shall ever come, to obliterate the grn.nd memorials of that contest in which the nation's life was preserved, let us first have the monuments of rebellion itself torn down. Let us not begin by blotting out the inscriptions commemorating the victory over rebellion won by the loyal soldiers and sailors of the Army and Navy of the United States. .

I have here on my desk a long list of the great marble memorials that are going up all over the South to perpetuate the memory of treason and rebellion. I have here a description of a monument erected but a few years ago in Georgia bearing inscriptions breathing anything butaspirit of loyalty to this Government, a monument bearing upon its face the evidence of a desire to perpetuate the memory of the attack that was made upon the life of our Government; and while these memorials stand, here in the very capital of the nation, in the great art repository of Washington, the one-armed or one-legged soldier, or the soldier's widow, who comes to the seat of Government, may wander in vain through its galleries loo~ng for the counterfeit presentment of a single one of the glorious heroes who sustained the flag upon the field of battle; they will find that the only military chiefs who have a place in the famousCorcoranArtGalleryatWashington areRobertE. Lee and Stonewall Jackson. And, Mr. Speaker, these portraitures are not simply to keep alive the memory of great men as citizens, but they are the likenesses of soldiers ; they are decked in full confederate uniform, and represented as in the field of action directing and guiding the armies marshaled a,aainst the life of the nation.

Down in Lexington, Va., we have in a marble sculpture of the soldier-chieftain Lee, in full confederate uniform, a similar exhibition of the determination of people on that side that the memory of the rebellion against the Government shall not be obliterated. Two years ago while this House was considering the appropriation of a million of dollars to the New Orleans Exposition, to encourage fraternal feeling and brotherly regard, the people down there who are so anxious to have Union memorials obliterated were erecting and dedicating a monument thirty feet high to Robert E. Lee, the military head of the great rebellion.

In view of these facts, :Mr. Speaker, I say there is no basis for this claim that broad patriotism on our part requires us to begin here at the North or at the South in obliterating the records of the grandest txiumph that was ever won for humanity since the morning stars sang together. [Applause.]

I believe that the people of this country should say as that grand old hero General Dix said in regard to the American flag, if any man attempts to pull down a single memorial of the great triumph of the loyal people of this country, shoot him on the spot! [Applause.]

Gentlemen have talked about the desire to bury the memories of the war. .A few days ago, after we had had a meeting of the Naval Committee; a report was sent down to a Richmond (Va.) paper in which I was spoken of with that degree of politeness habitual to gentlemen of that locality; and I was informed substantially that I had been macerated and desiccated by the gentleman from Virg4lla. And I found in the same paper a very pertinent article headed, " The Southern Historical Society Papers," which affords evidence that our Southern fxiends are not so anxious to forget their part in the war. I find one of the contributiops to these papers thus referred to:

The report of the Committee on Naval Affairs of the House of Representatives,

written by Mr. BALLENTINE, and presented May 31,188t, is an able and exhaustive discussion of the fight between the Merrimac and the Monitor, and refutes conclusively the popular delusion at the North that the Monit.or whipped the Merrimac.

[Laughter. J Mr. Speaker, these gentlemen are not anxious to have the hist.ory of

the war wiped out. They want to tm-ite it over. They want to inscribe confederate victory across tlte face of the records that show the great triumphs of the Union a1-ms. In my humble way I propose to enter my protest here and always against every such attempt.

Whether I stand here or elsewhere, whether my position be that of a member of Congress on this floor or a citizen in private life, I enterJl1!1 protest against that morbid sentimentality, agninst that false idea of magnanimity, which would suggest to us for one moment to tolerate the laying of the hands of desecration upon the memorials of the triumph of the Union armies.

For lack of time I can not go into this matter of the removal of our soldiers from the places where they were earning their bread in the service of the Government. We have on our statute-books two distinct statutes proclaiming that this country, in grateful remembrance of' 'the services, sacrifices, and sufferings" of onr soldiers and sailors, will give them preference over even the loyal civilian in its employment. That has not only been treated with contempt, but in the case of the Norfolk navy-yard and of the Norfolk custom-house they have turned out gallant, efficient, worthy, faithful public servants, comrades of the loyal hosts who followed the flag of their country across a. hundred battlefields, turning them out in defiance of that other statute which prohibits political proscription in navy-yards, and for the purpose of :filling their places with men who fought to destroy this Government. [Applause.]

[Here the hammer fell.] Mr. HERBERT. I yield five minutes to the gentleman from Vir

ginia [Mr. WISE.] Mr. WISE. In the brief time which is allotted to me I have oppor

tunity to make only a statement of facts. I had hoped that the subject of this resolution would not have been discussed in this House until we had been informed bythe SecretaryoftheNavy. Thegentlemanfrom Maine [Mr. BoUTELLE] on more occasions than one has sought torevive the passions and the prejudices of the war. Let us see how much of truth there is in the statements of this resolution.

The Secretary of the Navy is called upon to report to this House if any tablet has been destroyed at the Norfolk navy-yard which commemorates or commemorated the faet that the dry-dock at Portsmouth had been destroyed. I am glad of the opportunity to inform the gentleman from Maine that• the dry-dock at Portsmouth never was destroyed. [Applause.]

The gentleman asks the Secretary of the Navy if inscriptions have been removed from guns captured from the confederate army. I will inform the gentleman from Maine that no guns with such inscriptions were ever in the Portsmouth navy-yard.

Mr. BOUTELLE rose. 1\fr. WISE. The gentleman from 1t1a.ine wants to know if a Union

soldier has been discharged and a confederate put in his place. ' The man who was discharged was never in the Union army, was never within a thousand miles of a line of battle, never heard the music of a minie bullet.

1\Ir. BOUTELLE. Did he not render great service to the country? Mr. WISE. No, sir; no, sir! He, sir, was in receipt of a large sal

ary in a bomb-proof position [laughter on the Democratic side] while brave men fought the battles of their country.

Mr. BRADY. I desire to ask the gentleman a question. Does he yield?

Mr. WISE. No, sir; no, sir! The SPE.AKER. The gentleman declines to yield. Mr. WISE. No, sir; I do not yield. I will give my attention to

you [addressing Mr. BRADY] in a. moment. [Laughter.] Mr. BRADY. The gentleman will not allow me an opportunity to

reply. [Cries of ''Order I'' ''Order ! '' J Mr. WISE. The confederate, or the man who the gentleman from

l\Iaine alleges was appointed on account of services in the confederate army, was selected after a competitive examination, and the man to whom he refers as having been removed was dismissed for beastly intoxication. [Renewed laughter on the Democratic side.]

Mr. BOUTELLE. What man do yon refer to? Mr. WISE. One other fact I commend to the consideration of the

gentleman from Maine. During the Arthur administration the po~ master at Portsmouth, who was a Union soldier twice wounded and twice promoted for gallantry, was removed at the dictation of William Mahone. [Renewed laughter.] Ah! Mr. Speaker--

The SPEAKER. The gentleman's five minutes have expired. [Cries of "Go on ! " " Go on ! " " Let him go on ! "]

Mr. WISE (continuing). 4Jl, 1\Ir. Speaker, it is a good thing to raise a fuss over this matter, is it? Your fellow-citizens in Maine [addressing Mr. BouTELLE] are anxious to know if a confederate has been appointed in the Norfolk navy-yard by this Administration. Have you forgotten that during the Grant administration, that during the administration of~ayes, and during the Arthur administration you sought out the captain of the confederate guerillas, John S. Mosby, and sent him to represent the Government of the United States in a foreign conn-


try? [La.nghter and applause on the Democratic side.] Have you forgotten that Longstreet, a confederate lieutenant-general, was selected by your Republican administrations for the most important office in Georgia? Why is it, I would ask the gentleman from Maine, that we h aYe not heard a howl from that ice-bound region about tho e appointments? [Renewed applause and laughter on the Democratic side.]

11-Ir. BOUTELLE. Does the gentleman desire a reply? [Cries of "No!" "No! "]

Mr. WISE. I would say to the gentleman, go read the speech of a Senator of your own party, one of whom I think it is no discourtesy to the gentleman from Maine to say that, in theestimationofthewhole country, hewasabetterman thanyouare-goread thespeechofCharles Sumner, of Massachusetts.

Mr. BOUTELLE. Will the gentleman permit me- ![Cries of "No!" "No ! " "Regular order!"]

}i[r. ~WISE. I say to the gentleman, go and read the speech of Charles Sumner, of Massachusetts. If I mistake not he was the first in the country who declared, some fifteen years ago, that the time had come for J)eace, and that these memorials of the war should be removed.

The resolution of Mr. Sumner was as follows: Whereas the national unity and good-will among fellow-ci tizens can be a -

snred only through oblivion of past differences, and it is contrary to the usage of ci:vi.lized nations to perpetuate the Inemory of ci vii war : Therefore ,

Ik it enacted, .&e., That the nami!s of battles with fellow-citizens shall not be continued in the Army Register or placed on the regimental colors of the U nit.e d States.

.Again, mark the contrast between the leader of the Fedeml Army and the gentleman from Maine. [Renewed applause.] The last words spoken by that great leader on hls dying bed at Mount :McGregor were that he thanked God that he closed his eyes upon the world beliering that peace had returned to a distracted country. [Loud .applause.] And yet the halls of legislation are to be annoyed by the sectional tirades of such men as the gentleman from Maine.

I want to say one thing more to the gentleman. We will not permit you to declare it, while we sit .here and vote pensions to your officers and your soldiers--

A MEMBER on the Republican side. You do not do it. Mr. WISE. Go look at the record, and you will find my votes re

corded for them. While we vote pensions to your soldiers and the widows of your soldiers--

Mr. BOUTELLE. Our soldiers? Mr. WISE. Our soldiers. Mr. BOUTELLE. Ah! Mr. WISE. Our soldiers! We are in theHonse(}f our fathers; and

we have come to stay. [Applause.] :M:r. Speaker1 while weare ready and willing to vote pensions to honorably discharged soldiers, who honor:~.bly served their country in time of war, we will never consent that it sl1all be held or proclaimed that one who hap_pened to be in the confederate army is forever debarred from the service of his country. You have no righttoestablish such a principle; Ishalldeny yonrrjght ever to do so. But I protest that these honorably di charged soldiers of the Union Army shall never ~ooain be subjected to the treatment to · which they were subjected nnder the last administration, when men who had fonght bravely for the Union were, under a circular bearing the name of WILLIAM MAHONE as chairman, and JAMES D. BBADY, pr~ent member from the fourth district of Virginia, as secretary--

Mr. BRADY. Thegentlemancan not produce any such circular. I challenge him to do so. [Cries of "Sit down!" on the Dem.ocxatic side.l

1\Ir. WISE (continuing). When they were required, under the whip of a master, to give their money for partisan purposes-required 'like s1avfs to hold their ~allots up, that the boss'sminions might see whether they were voting right or not. [Applause on the Democratic side.] Ob, God! What an attitude in which toplaceanhonorablydischarged soldier of the Union-under the whip and the lash of a .confederate brigadier. [Renewed and long-continued applause on the Democratic side, the Speaker rapping loudly for order.]

The SPEAKER. The time of the gentleman from Virginia [Mr. WrsE] has expired.

Mr. WISE. One word more. '[Cries of ''Order! ' ' and ''Vote ! ' ' "Vote!"]

Mr. HERBERT. Has the whoi~ time -allowed for debate expired? The SPEAKER. The thirty minutes allowed for debate, fifteen min

utes on each side, have expired, Mr. BRill!U. I ask unanimous consent-- [Cries of "Regular

tUm is on agreeing to the amendment proposed by the Committee on Naval Affairs, which will be read.

The Cle-k read as follows: Amend by inserting the word "and " between "order" and "upon," and by

striking out all of the resolution after the words "what authmity" and inserting in lieu of the words stricken out the following: "honorable inscriptions have been.obliterated , andhonorablydischarged soldiers or sailors ofthe United States have at any time been d isinissed from the Norfolk navy-yard; and to transmit to this House copi es of all correspondence in relation to dismissals or d e ta ils made b y or d er of theSecre tary ofthe N avy orhis immediate predecessor at the Norfolk n avy-y rd or in the light-house."

The q uestion being taken upon agreeing to the amendment, it as agreed to; there being-ayes 129, noes 3. ·

The resolution ns amended was then adopted. Mr. HERBERT moved to reconsider the vote just taken; and also

mo"'ed that the motion to reconsider be laid on the table. The htter motion was agreed to.

ADJOUR}).l\IEXT TILL M.O~D.A.Y.

lli. MORRISON. I move that when the Honse adjourns to-day it adjourn to meet on Monday next.

The motion was agreed to. Mr. HAlllMOND. I moTe that the Honse do now adjourn. Mr. HEPBURN. I move Clat the Honse t:l.ke recess till half past

7 o'clock this eTening_ The SPEAKER. The motion to adjourn has precedence over the

motion for a recess . Mr. HAJ'lfMOND. When I mo"'ed to adjourn I did not recollect

that this was Friday. I withdmw the motion to adjourn and. move that the Hou e now tal~e a recess.

CH.A.N'GE OF REFERENCE.

The SPEAKER. Pending the motion for a recess~ the Chair desires to correct a reference. A letter from the Secretary of the Treasury, transmitting estimates for collecting the revenue for the :fiscal year ending June 30, 1 87 with a statement of expenses of collections in the se>eral customs districts, was improperly referred to the Committee on Expenditures in the Treasury Department. If there be no objection, that committee mil be clischarged from its fnrtber consideration, and the communication will be referred to the Committee on Appropriations.

There being no ObJe tion, it was ordered accordingly. ORDER OF BUSINESS.

· rt!r. O'NEILL1 of Penn ylvani.a.. I ask unanimous consent to present at this time a petition, in order that the body of it, without the names1 may be printed in the RECORD.

everal members objected. The ""PEAKER. The question is on ilie motion for a. recess, the

·on of this -evening to be devoted to the consid~ration of pension bills under the standing order of the Honse.

The motion was agreed to, there being-ayes 119, noes 16. The SPEAKER {at 3 o'clock and 30 minutes p. m.) At the session

this evening the gentleman from Tennessee [Mr. M:cMILLIN] will preide. The motion of the gentleman from Georgia is agreed to, .and the

House takes a reeess until half past 7 o' clock this e ening.

EVENING SESSION.

The recess having expired, the House reassembled at 7.30 p. m., Mr. McMILLIN ~n the chair as Speaker pro tempore.

'Tne SPEAKER pro ten~pore. The Clerk will report the resolution under which this evening's session is held.

The Clerk Tead as follows: R esoLved, That on each Friday the House ·sh U take a recess fron1 5 o'clock p.

m . until 7 . .30 p. m., at which evening sessions priyate bills reported from ·the Committee on Invalid Pensions and the Committee on Pensions -and bills reported from the Judiciary Committee to re~nove political disabilities only be considered.

..._ lllr. MATSON. I move that the House resolve itself into the Committee of the Whole for tbe purpose of considering the special <l:rder for this evening.

The motion was agreed to. The House accordingly resolved itself into the Committee of the Whole

on the Private Calendar, Mr. HA'TCH, of Missouri, in the chair. The CHAIR111AN. The Honse is in Cumm1ttee of the Whole for the

consideration of the Pri>ate Calendar under!the resolu.tion whieh bas already een read.

order!"] RIDIIJV .AL OF .POLITICAL DISABTI..ITIES QF TllOl\IAS L. ROSSER.

The SPEAKER. Objection is made. Thefustbusiness ontheOalendar was the bill (H. R. 3827) to remove Mr. BRill!M. Objection can not be made until my request is heard. the political disabilities of Thomas L. Ro er. TheSPEAKER. TheHousewill beinorder; gentlemen will please The bill was read, follow : ·

resum~ their seats and cease conve~tion. The gentleman f:om Penn- Be il enacted, cl;c., T hat a ll dis bllities im.po ed upon nnd incurred by Thomas sylvarua. (lt!r. BRUMM] asks unammous consent that the time of the L. Rosser, of V irginia., by vir.tue of the fourteenth amendment of the Oonst.itufientleman from VIrginia [Mr. WISE] be extended. [Cries .of" No!" . tion, be, and are hereby: l"emoved. 'No!"] Mr. -GIBSON, of W est Vug:inia. I ask for the reading of the report The SPEAKER. Objection is made. of the rommittee. _ .Mr. BRffifM.. Who objects? The Clerk read t h e report, by Mr. TUCKER, from the Comnnttee on Mr. ROGERS. I object. the Judiciary, as follows: The SPEAKER. A great number of gentlemen object. The ques- That Thomas L. R o r was an officer in the U nited State .A.rmyandresigned

1886. CONGRESSIONAL RECORD-HOUSE. 843 therefrom, and was a. major-gene:ml in the army of the Confederate States. He cerned we are here recognizing the courage, recognizing the devotion, petitions for a removal of his disa.bilities,Rnd your committee reportasubsti- recogmzm· · g the hardships of the Federal soldiers. We who went into tnte for the bill referred, to remove the same, and recommend its passage.

the war on the other side know what you had in suffer. We tasted :Mr. HENDERSON, of Iowa. I do not rise to make anypointin ofthesamebittercup; andwhilewehavenorighttoappealtotheGov

this particular cas.e because .of the character of the bill, but .I nnder- ernment for you, we know that you have the right and the merit. stand our eTening sessions were .solely for the consideration of pension The merit was upon your side, you have a right to a-pJ?eal, and we are bills. here to aid you in getting what is your due.

Mr. 11Ic!1ILLAN. I wish to call the attention of the gentleman from What we object to on this question of Federal pensions is that you lo:wa to the .resolution nnder which the Honse assembles this evening. will notaUowustovoteforreasonablepensions. Yon willnotaUowus It is there provided that on each Friday the House shall take a recess to vote for a bill to pension Union soldiers. You will not allow us to vote from 5 o'clock p.m. until7.30 p.m., atwhicheveningsessions private for a bill to pension the widowsofUnionsoldiers; butyoudeclarethat bills :reported from the Committee on Invalid Pensions and the Com- me must vote for a bill to pension a widow who may ma.-rry a soldier mittee on Pensions and bills re_porhed from the .Judiciary Committee · from to-day forward as well as those who were the wives of soldiers who to .remove political disabilities only be considered. died in the service. If you would allow us that amendment to put the

Air. HENDERSON, of Iowa. I had not read the order, but supposed widows of Union soJdiers upon -their merits, there would not be a man it was the same as that adopted at the last Congress. on this S-ide of the House that would not vote for it. I appeal. to you,

The CHAIR~IAN. If there be no objection this bin will be reported who are the advocates of this measure, to know what question of merit, to the House with the recommendation that it do pass. of equity or justice, there is which demands the granting of pensions in

1tfr. GIBSON, of West 'Virginia, rose. women hereafter because at some future time they may marry and be-The CHAIRMAN. Does the gentJeman rise to support or oppose the come the widows of soldiers who are now entitled t-o pensions?

bill? Mr. MORGAN. Mr. Chairman, 1 rise to a question of order. The Mr. GIBSON, of West Vrrginia. To oppose it. I can not say, Mr. gentleman from West 'Virginia is not speaking to the bill before the

Chairman, I have any particular reason for my opposition to this bill, committee. That question that he now makes will come up after but I feeJ called upon as a member of this Congress passing upon the a while, and can be thoroughly discuSsed when we reach the bill to great question of pensions to express my ·opinions on some subjects whicll it relates. Eut there are a number of small bills upon the Calwhlch we have been pre-vented from discussing in this Home. The endar that we ought to dispose of. We are consuming time in discussgentleman from Indiana [Mr. MATsoN) who is chairman of the Com- ing irreleVlmt questions, and there will be an opportunity for .all -of mittee on Invalid Pensions saw fit to-day in his reference to a discus- these questions to be discussed hereafter. We should endeavor to pass sion upon this subject by other members to allude to the fact there were all of the bills upon this Calendar to-night. those on this .S-ide of the House who had been twenty-odd yeaTS ago on The CHAIRMAN. The Chair will cause the role to be :read. a different side of the contest that then raged between 'the two sections Mr. GIBSON, of West Virginia. Mr. Chairman, I haTe but a word which were at war. in concJusion. I want to say if the gentlemen who desire to put for-

Mr. MATSON. The gentleman from West Virginia will allow me ward this measn:re for thepensioningofUnion soldierswill onlyputit to correct him, I SUJ?pose? in such a sensible, fair, and just shape-that w.e on the other side can

Mr. GIBSON, of West Virginia. Certainly. vote for it in the disCharge of our constitutional duty, I will guarantee Mr. MATSON. I wish to say now that I said nothing of that kind to them that there is not a confederate soldier who bears the wounds

e1therto-day ·or at any other time. The gentJeman is mistaken in the or sca:rs of· battle tbat I do who will vote against pensioning the sol-person. I refer him to the RECORD. diers-the Union soldiers of this country.

!lfr. GIBSON, of West 'Virginia. The gentlemandid not call out by Mr. MATSON. The gentleman from West Virginia. misapprehended names, but he said to the gentleman from Texas [Mr. REAGAN], when me, I am sure. I move that this bill be J.aid aside to be reJ?Orted to the he made a. -question as to the reference of these pensions, that he ought House with the recommendation that it do pass. to have thought of these things long ago, and every man in this HollSe The motion was agreed to. knew and knows to what he referred.

Now I want to say to the gentleman from Indiana that we are here RHODA DANE. as the representatiTes of the people, cJ.aiming equal honesty, .equal pa- The n.ext business on the Private Calendar was the bill (H . .R. 551) triotism with him, and we chaUenge him by 'Our 'Votes to go before the granting a pension to Rhoda Dane. people to decide the question whether he is more patriotic ~ honest The bill is as follows: than we are. Be it enacted, &c., 'That the Secretary of the !In.te~ior'be, and is h.er{lby, a.uthor-

]fr. EDEN. I rise to a question of order. ized and directed to place on the pension-Toll, subject to the provisions and The CHAIRMAN. The gentleman will state it. limitations Of the pension laws, the name of Rhoda. Dane, mother of George ,V.

Dane, late of Company A, Thirty-third Indiana. Volunteer . ~lr. EDEN. I wish to inquire whether general debate is in order

under the special oraer of the Houseforthisevening session to consider . The report (by Mr. MATsoN) is as follows: · bill th Pr' te Cal d d bills ft th al f The beneficiary in this bill applies to the Pension Office for a pension on ac-peDSlon 8 on e Iva en ar an or e remov -o po- count-of the death of her son, George W. Dane., who was a private in Company

litical disabilities. The gentleman from West Virginia is proceeding A, Thirty-third Indiana Voluntee:rs. He was killed by the enemy under the foltoindulgein general debate, andifitisnotinorderiprefer he shouldal- ' lowing circumstances: The soldier had a cousin with whom he had associated low us to go on this e-vening with the special business for which we have ever since his infancy, and this cousin was a member of the Seventieth Indiana

Volunteers. They had enlisted about the same time, ana had not met since been called here and to deier his general discussion to some -other time. fueir enlistments. George undertook to visit him, ana. while going fl'om one

The CHAIRMAN. Does the gentleman make the point of order? reghnent to the other was captured by guerrillas and shot. Another brother, Mr EDEN y I make th · t ~> d th t d tlie , and son of this cla.imant, was killed in front of Atlanta., but he left a widow. ' · · es i e porn °~ or er a nn er reso~n- These were the only twq sons of the claimant, and both lost their lives while in

tion adopted by the House for these evening sessions general debate is the service of their country. The claim on account of George was rejected on not in order. the technical ground that he was not in the line of duty at the time of his death.

Mr. GIBSON, .of West Virginia. In the langna!!e of Mr. 'White, I : The mother is very old and poverty-stricken. The comrad'es of George testify ~ to his qualities as a soldier, and they describe him as a model in that respect,

hope this is not to come out of my time. [Laughter.] andsaythat his weaknesses were 'his generosity and his bravery. The bereave-The CHAIRMAN. The Chair will state to the gentleman from llli- ment that this widow underwent soon a.:fter the death of her second son affected

nois that the gentleman from West Virginia. rose and was recognized to ~~~~~~!~; ~s~~:C=~~!~~r~~:~~ ~~ !:_~d_~ ~f~~ii1c; speak to the bill under consideration, and that the same general debate · the small sum of $8 per month, and we therefore report this bill favorably s.wi is allowed 'Under the roles as upon other bills in the Committee of the ask that it he passed. Whole. The bill was Jaid aside to be reported to th~ House with the recom-

MI·. GIBSON, of West Vrrginia. Now, Mr. Chairman, I want to say mendation that it do pass. to the gentleman from Indiana that twenty-odd years ago I became a WILLIAM B. KEITH. soldier upon what is recognized as "the other side" in this Honse. Every clay up to this time, bour by hour, day by day, and night by night, The next business on the Private Calendar was the bill (H. R. 693) I iutve carried the pains and.su.:fferings inc11rred in that contest. I know granting a. pension to William B. Keith. what it is to be a soldier; I know what it is to suffer as a soldier, and The bill is as follows: -'I thank my God I have tb. to h th t I J.a "d all · JJe it enacted, &:c., That the Secretary of the Interior be., ·and is hereby, mrthor-e courage say ere · a can Y ~ e ized and directed to restore to the pension-roll, subject to the provision and prejudices and ron prepared to stand by those who were the representa- limitations of the pension laws, the name of William B. Keith, late secondJ:ieu.- · tiv~ soldiers of t he Go-vernment that now -exists in this country. But tenant of Company E, Tenth Regiment Kansas Volunteers. said pension t.o ~bile the Southe~n people, -who occupied ihe same position that I -did coiD.lnence from the date r..hen his name was dropped from. said roll. l.D that regard, are here -to vote for pensions, it is unnecessary ·and un- The report (by Mr. MoRRILL) is ns follows : caJled-for on t he part of the chairman of the Pensions Committee to make The ·claimRnt enlisted as second lieutenant in Company E, Tenth Kansas Vel-insulting remarks about on:r course in the pru3t. When in this House unteers,A.ugustl9,1861,andwashonorablymnsteredoutA.ugustJ:8,1864. On the ilid we ever refuse to vote for pensions to Union oldiers who were de- 23d of December., 1872, he filed his application for a pension, alleging disability

- ? N "from bloody piles, the restilt of diarrhea contracted in camp, in Benton County. servrng · . ot one single instance can you point your finger to upon Arkansas, October, 1862, alter a severe engagement at the battle -of Fort Wayne; the record of this or preceding Congresses, and it was unnecessary and the diarrhea continuing about two months." umnn.nly in the gentleman on bis part to refer to us in that manner. On the 23d of De.cember.,l873,pension was allowed by the Department, but a

;r want to -say, sir, that so far as the corrnederate sold;er"' are con- fewm.onthslater it was suspended, o.ne Ellis claiming that it was improperly ~ u granted, and an in vestiga.tion by a special examiner was -ordered. The evidence

•

844 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 22,

shows clearly that a very bitter feeling existed between claimant and certain parties on account of the active part claimant had taken in political contests.

The special examiner seems to ha>e fallen into thehandsofthese parties and to have made the mistake of supposing that he was sent for the special purpose of preventing claiiiU\nt from receiving a pension instead of that of making a. full and thorough investigation of the case and of ascertaining the exact truth in the matter. The substance of t.he evidence adverse to claimant seems to be that certain parties had heard claimant complain of piles before entering the service. Not one of the witnesses claimed to know anything further than that claimant had stated at certain times that be was suffering from the piles. On the other band, a large number of witnesses who were intimate with claimant testify that he was a strong, hearty man, able to do bard labor, and that they never heard him intimate that he was thus affiicted. Dr. Holaday testifies-

"That he was claimant's family physician for years before he enlisted, and knows of his own personal and professional knowledge that when he enlisted he was a. sound, healthy man."

Capt. J. F. Broadhead, commanding Company E, says: •· He knows of his own personal knowledge that claimant while in the line of

duty, October, 1862, in Benton County, Arkansas, in consequence of a forty-eight hours' forced march, and an engagement with the enemy at Fort Wayne, was taken with diarrhea, from which he suffered for about two months, and which brought on piles."

P .. Gould Parker, regimental surgeon of the Tenth Kansas Volunteers, testifies-

"That he knows ofhis own personal knowledge that claimant, while in the line of duty, October 22, 1862, in Benton County, Arkansas, had been subjected to a forced march of two days and nights, which was followed by the battle of Fort Wayne, when claimant was taken with diarrhea, which continued upon him for about two months and 1·esulted in piles, for which affiant repeatedly prescribed while he continued in the service."

Dr. M. F. Holaday, who had been claimant's family physician before he entered the service, testified that-

"He saw claimant soon after his discharge, in August, 1864, and he was then afflicted with the piles, for which affiant prescribed for him then and has done so repeatedly since; that be has continued to be affiicted with said disease from his discharge to the present time, December 23, 1872, and that he has not aggravated or prolonged said disease by intemperate or other bad habits."

Some of his comrades testify to the same facts. There is no question but what the attempt to deprive him of his pension grew out of political differences, which finally degenerated into bitter personal feuds. But admitting without question all the evidence tending to show t.hat claimant had been at times afflicted 'vith piles prior to enlistment, we cannot see that it affects this case. The evidence is conclusive that he was sound when he eulisted, that the disease did not exist at that time. That the disease for which he now claims pension did originate in the service, and has since continued, is fully and clearly shown. There is, however, very strong evidence to show that the testimony in relation to prior disability is wholly false and malicious. .

Your committee, after a very careful examination of the evidence, which is very voluminous, conclude that claimant was unjustly deprived of hiS pension, and therefore recommend that the title of the bill be amended to read "A bill to restore to the pension-roll the name of William B. Keith," and that the bill be passed.

The amendment recommended by the committee was agreed to. Mr. McMILLIN. I desire to ask the chairman of the committee a

question in reference to tiPs bill before a vote is taken. Mr. MATSON. The gentleman from Kansas [.Mr. MORRILL] makes

the report in this case. Mr. McMILLIN. I believe this bill does not carry the arxearage

fe.'\ture. As I understand it, it is simply to give the benefit for the period during which this party was dropped from the roll.

Mr. MORRILL. That is all. It simply restores the pension. The bill as amended was laid aside to be reported to the House with

the recommendation that it do pass.

MRS. 1\I. A. BICKERDYKE.

The next business on the Private Calendar was the bill (H. R. 700) granting a. pension to 1\Irs. l.I. A. Bickerdyke.

The bill is as follows: Be it enacted, &c., That the Secretary or the Interior is hereby authorized and

directed to place on the pension-roll the name of Mrs. M.A. Bickerdyke, a noted army nurse during the late war of the rebellion, and pay her a pension of lf25 per month.

Amend the tille so as to read: "A bill granting a pension to Mrs. M. A. Bickerdike."

The report (by Mr. MoRRILL) is as follows: Among the thousands of noble women who left their homes and loved ones

dnring the da-rk days of the rebellion to minister like angels of mercy to the sick and wounded:soldiers of the Union Army ;:no one was more widely known or more loved and honored than "Mother Bickerdike." To the soldiers who served in Sherman's army she was a mother and a sister. Wherever she could render aid to, or through her indomitable energy and perseverance obtain succor for, the wounded and the sick she was always the same generous, faithful, and untiring nurse and friend.

Dr. A. Goslin, medical director of the Fifteenth Army Corps, speaks of her services as follows:

"Mrs. M.A. Bickerdike came tome to assist in establishing the Fifteenth Army Corps field hospital on the 9th of June, 1864, at Allatoona Mountain, and continued with me until the 28th of July, when I was ordered to move my hospital to Marietta, Ga. She there assisted me in organizing a hospital to take care of eighteen hundred wounded men that we found lying on the ground without cots or shelter. In this great work I was nobly assisted by Mrs. Bickerdike. I gave her charge of the cooking and laundry departments, and gave hera detail of over one hundred men, and she was fully equal to the occasion. Her services were simply indispensable. I could not have conducted this great hospital without her. Some idea of the work done can be estimated when it is known that from June 9 to October 16, 1864, 5, 763 sick and wounded passed through the Fifteenth Army Corps hospital. She worked early and late. She was very strong physically, and seemed to never tire. After her day's work was done in the cooking department she would go into the wards and nurse some poor dying soldier and speak words of comfort to him of home, mother, sister. No wonder she was known in the Army and called by the endearing name of" mother." She was truly a mother t.o hundreds of sick and dying soldiers. Her services were worth more to General Sherman's army during the Atlanta campaign than any brigadier-general in it."

These are strong and eloquent words of praise, and yet they embrace but a small portion of the time she gave to the sufi'ering soldiers. Through her efforts hundreds of lives were saved and untold suffering alleviated. At. the third

national convention of the Woman's Relief Corps, held at Portland, Me., in June, 1885, the following resolutions were adopted: ·

"Whereas Mrs. Mary Bickerdike, the noble army nurse, by her tireless and patriotic devotion to the Union soldier in the field and hos.Pita.l during four years of the war, has earned the love and reverence of every comrade of the Grand Army; and

"Whereas she is now, at the age of seventy-two, incapacitated for further labor and in needy circumstances and without means of support: Therefore,

"Resolved, That the Woman's Relief Corps, auxiliary to the Grand .Army of the Republic, in national convention assembled, do most .earnestly and confi· dently petition the Congress of the United States of America that they will by special enactment place the name of Mary A. Bickerdike on the pension-roll for the sum of Sl6 per month for the remainder of her life."

She is now supporting herself by her own labor, doing the laundry work at the United States mint in San Francisco. Notwithstanding her advanced age she still retajns her old love for the soldiers who wore the blue, and spends heJ: leisure tim in laboring to secure pensions for the poor and needy ones who so· licit her " , istance. No soldier wounded on the battlefield bas a. stronger claim on the itude of the nation than has this grand old lady. The thousands of brave me 1 who received her kind attention on the battlefields and in the hospitals oft e country, and who know of her untiring and effective labors in secur• ing sanita1 stores for the si'!k and wounded, will rejoice to know that her services have be-.::-:1 recognized by a. liberal pension. The usual pension t.o army nurses has been $25 per month.

Your committee therefore recommend that the bill be amended by triking out "fifty," in the fourth line of the bill , and inserting "twenty-five," and that as amended it be passed.

1\Ir. WOLFORD. I rise to spend a minute or two in opposing one of the amendments reported by the committee; that is, the amend· ment which proposes to strike out $50 and insert $25. I do not know that in all the reports that ever I read I was more astonished at the conclusion eome to by the committee from the facts they presented. In glowing and elegant language-language that reaches the heart-they tell of services indispensable to the country, indispensable to the Army, rendered by day and by night. They tell us of services that could not be done without.. And yet they come down after saying all this and tell us, '' strike out $50 and give $25. ''

Sir, this is one of the cases that will not break the Treasury. You may pension this old woman, now seventy-three years of age and who can not live long, at $50 a month, and still enough will be left in the Treasury to pay every member of Congress and all the other servants of the Government. There is no danger of emptying the Treasury. Sometimes men get alarmed and say pensions will break up the Government, but this will not break up the Government.

I wa.nt for a minute or two to talk about the unreasonableness of what is here proposed. Here is a woman who, according to the report, has done so much for the country. In her old.agesheispoorandneedssupport. Thereportsaysshespent the best part of her life with the Army, nursing the sick and talking with the dying in the most lovely language about their sisters and their mothers; and a. surgeon of eminence and renown says her services were of more importance to the Army than those of any brigadier-general that went on Sherman's campaign. Who that has ever read the history of the country and knows about that splendid campaign where an amount of skill and valor was shown on both sides that has never been surpassed a.nd seldom equaled, where brigadier-generals were promoted by the hundred for their efficient services-who that has read all this is ignorant of the value of those services? And here is a disinterested observer, a man that loved his country and her officers, who says the services of this woman were greater than those of all those brigadier-generals. . ·

Now, who would think of giving a brigadier-general a pension of $25 a month? Who would think of giving a brigadier-general such a pension as that, or who would think of giving the widow of a brigadiergeneral such a pension as that? He would be hooted from the halls of Congress" if he talked of such a thing. But a higher, grander, and nobler person comes before the committee to-night than any brigadier-general, I care not in what army he served, who, disregarding the delicacy of her sex, walks into perils and dangers and follows OUl' Army and follows our flag amid the hail of balls-for they were shooting boys in Sherman's army.

She followed them in peril and danger and through carnage and blood; and she comes now, not as a warrior but as a mother; as one that loved her race, that loved her country; as one that loved the soldier. She comes and takes charge of a hundred men and prepares the delicacies of life for the wounded soldier. Such a record is a volume in itself. She has charge of a hundred men; she works by day and by njght, and furnishes them with all that can soothe them; for she was physically strong, and mentally strong, and morally strong. She was higher than an ordinary patriot. She was a philanthropist of the highest order; she had a bright intelligence; she was a grand woman. And you tell me that that grand woman that made all these sacrifices, tha.t loved your flag so well, and your country so well, a.nd your soldiers so well; one who, after working all day, would go where a dying soldier la.y and speak to him in words of comfort and consolation-I gather from the report that she did this every night-and you tell me· you will not give her $50, but only $25! This physician says that she did more work than any brigadier-general of the army did.

There are some questions that have two sides to them. I think there are three sides to this question. I venture to say of this great Government t.hat your constituents would be ashamed of you if you were to talk about $50 as too large a recompense for this lady. I will venture the assertion that you may assemble the men and women of America

1886. CONGRESSIONAL RECORD-HOUSE. 845 and get them in one great crowd and read to them that report to which we have just listened, and when you come to the last clause," strike out $50 and insert $25," they will cry shame upon you.

But, sir, there is another side to this question. Here is a poor old woman that has served her country as no brigadier-general could have served it, who has served her country in a way that certainly ought to be encouraged. Fifty dollars a month would be a. great thing to her in her old age. Ah! how it would console her heart in her old age to learn that the Government she had sacrificed so much for had rememdered her and given her this pension. If it had been $100 a month I would not have opposed it. If it had been $500 I would not have opposed it. But, as I have said, there are three sides to this case.

Another side is this. Looking at it from a moral point of view, can our Government afford, taking the patriot's stand and looking at it as a question of patriotism-can our Government afford to give this woman less than $50 a. mon ~h? [Laughter.] Looking at the question· from the standpoint of the philanthropist and the Christian, can our Government afford to make this pension less than $50 a. month? Well, sir, I am not going to talk any more about it, for I am ashamed of talking upon a proposition tJra.t must commend itself to the mind and to the heart of every gentl:eman who reads or hears this report. I do hope, sir, that there will be a unanimous vote of this House and of this committee to-night to make this pension $50 a month. [Applause.]

Mr. MATSON. Mr. Chairman, I think I o-qght to say a word in relation to this matter for the satisfaction of my distinguished friend from Kentucky [Mr. WoLFORD]. I do not believe that he wants this woman to have a larger pension than any other nurse, and the pension reported by the committee is the highest that has ever been given to any person for such services. We have :fixed the pension in this case at the highest rnte. It is very important, we think, to be fair and just in all these matters.

Mr. WOLFORD. Will the gentleman yield for a que'3tion? Mr. MATSON. Certainly. Mr. WOLFORD. Did all the others do what this woman did? Mr. ~1ATSON. I presume that all the nurses did. Mr. WOLFORD. Then if they all did what this woman did, for God's

sake give them all $50 a month. [Laughter.] Mr. MATSON. Many of them rendered like services. Mr. EDEN. }rlr. Chairman, I call the attention of the committee

to the fact that the pensioning of this lady was recommended by the Woman's Relief Corps, and that the pension recommended by them was only $16 a month.

The question was taken on agreeing to the amendment reported by the Committee on Invalid Pensions; and there were-ayes 42, noes 8.

So the amendment was agreed to. .Mr. MORRILL. Mr. Chairman, the amendment in regard to the

name ought not to pass. The name should be spelled with a '' y '' instead of an "i," and I ask unanimous consent that it be so spelled all the way through the bill.

There was no objection, and it was so ordered. Mr. MORRILL. I move, Mr. Chairman, that the bill be laid aside

to be reported to the House with the recommendation that it do pass. Mr. LONG. ll'Ir. Chairman, before the bili is laid aside I want to

say that I did not oppose the amendment reported by the committee because I recognized theproprietyofthegeneralruleapplyingtoallnurses, but I dothink it ought to be said with reference to Mother Bickerdyke that her case is almost exceptional, that she stands distinguished as the nurse of nurses during the war, a woman who devoted her life and her services without pay, I think from the beginning of the war to its close; a woman in whom the Grand Army of the Republic from one end of the country to the other are interested; a woman who never discriminated in the charities which she bestowed between the boys in blue and the boys in gray; a woman who went with her lantern upon the battlefield in the night-time and searched out the wounded and the suffering; a woman who stands in a peculiar relation, not only to the soldiers, but also to that great body of women who stood back of her, and who will look to this aetionofCongresswitha peculiar and verytenderinterest.

The motion of Mr. MoRRILL was agreed to; and the bill was laid aside to be reported to the House with the recommendation that it do pass.

PHILIP D. CAl\IPBELL.

The next business on the Private Calendar was the bill (H. R. G98) for the relief of Philip D. Campbell.

The bill was read, as follows: Be it enactetl, &c., That the Secretary of the Interior is hereby authorized and

directed to place on the pension-roll, subject to the restrictions and limitations of the pension laws, the name of Philip D. Campbell, late of Company D, Twenty-second Regiment Pennsylvania Volunteers.

The report (by Mr. MORRILL) was read, as follows: The Commit.t.ee on Invalid Pensions, to whom was referred the bill (H. R. 69 )

granting a pension to Philip D. Campbell, submit the following report: We find that this soldier enlist-ed August 23, 1864, in Corr.pany D, Twenty-sec

ond Regiment of Pennsylvania Volunteers, and was discharged l\Iay 24, 1865. Immediately upon his arrival home he complained of an injury to his head, and sn.id that in the battle at Winche ter he was knocked from his horse by a. blow received from a confederate soldier, and was stepped on by his horse. Soon after reaching home he commenced having epileptic fits, which have continued

· at sh_o~t interval~ since. J?r. H. S. Chalfant testifies that he was the frunily phys1cmn at the t1me of enhstment and for years before; that the soldier was a

vigorous, robust, hearty young man of twenty years of age, perfectly sound and well, and had never shown any symptoms of epilepsy. , Lieutenant Cross, of same oompany says "he was a sound, hearty man, always ready for duty." Several witnesses testify that when he came home he complained of his head and acted strangely.

Dr. E. W. Bliss, United States mediool examiner, reports in 1881 that he was a confirmed epileptic.

Dr. B. D. Eastman, superintendent of the Kansas State Insane Asylum, testifies "that it appears from the records of that institution that claimant was admitted September 4, 1883; that he had been an epileptic for eighteen years, and that he is evidently a chronic and incurable epileptic, unable to take care of himself."

The man is mentally a complete wreck, is penniless, and has been supported by friends for ln.any years. It is not claimed that he had any fits until after he left the service, and the case was rejected in the Pension Office for that reason. The fact that he entered the service a sound and healthy man and was attacked so soon after leaving the service makes it reasonably certain that the disability was incurred in the service. His condition is a deplorable one. His whole life hns been rendered worse than useless by his terrible afiliction, and, while the Pension Department can not properly grant him a pension under existing laws, it is a case that appeals strongly to Congress for aid.

Your committee recommend the passage of the bill,with the following amendment: Add, "And that the pension be paid to the legnlly constituted~ guardian of said Campbell for his use and benefit."

The amendment reported by the committee was agreed to; and then, on motion of Mr. MoRRILL, the bill was laid aside to be reported to the House with the recommendation that it do pass.

JOHN P. DAVIS.

The next business on the Private Calendar was the bill (H. R. 1468) increasing the pension of John P. Davis.

The bill was read, as follows: Be it tmacted, &c., That the Secretary of the Interior be, and he is hereby, au

thorized and directed to increase the pension of .John P. Davis, late a sergeant of Company H, Twelfth Regiment New Hampshire Volunteers, from 812 to f72 per month, from. and after the passage of this act.

The amendments reported by the committee were read, as follows: In line 6, strike out "72" and insert" 30; " and at the end of the bill add," said

sum to be in lieu of any pension now paid him."

The report (by Mr. HAYNES) was as follows: The Committee on Invalid Pensions, t~ whom was referred the bill (H. R.1468)

granting an increase of pension to .John P. Davis, submit the following report: John P. Davis, latesergeantCompanyH, Twelfth New Hampshire Regiment,

was pensioned at the rate of812 per month (certificate No. 20583) for gun-shot wound of right forearm. He asks for an increase of pension upon the ground that his subsequent loss of both eyes was consequent upon and directly attributable to said wound. In support of his claim he submits his own statement, duly witnessed, and the sworn statements of Charles 0. Davis, F. B. Huntress, and D. B. Nelson, M_ D., which are attached as apart of this report. From these it appears that Davis was wounded while in the line of duty at the battle of Gettysburg, July 2, 1863. Through fradure and subsequent gangrene a portion of the ulna of right forearm was lost, with muscular tissues and vessels, permanently crippling that member. -

After his discharge, on account of disability, he attempted to do light work at his tra<le as blacksmith. Dr. Nelson applied a splint to enable him to handle a light hammer, but the splint would get loose and allow his hand to turn. When any twist of the wrist was required in his work he would lose control of his ann, and to his inability to control its movement is attributed the loss of his right eye in May, 1866, from a flying splinter of steel. On November 3,1867, his left eye was similarly destroyed by a nail which he was striking. The presumption is strong that his loss of sight has indirectly resulted from the wound received in the military service of the United States. We think the circumstances justify an increase of his pension, and recommend the passage of the bill with the following amendments:

Strike out the words" seventy-two," in the sh:th line, and insert the word "thirty," and after the word" act," in the seventh line, insert "said sum to be in lieu of any. pension now paid him."

Statement of John P. Davis, lat.e sergeant Company H, Twelfth New Hampshire Volunteers: To the Con(/'l·ess of the United Slates :

I enlisted and was mustered into the service of the United States May 15, 1862; was severely wounded while in the line of duty at the battle of Gettysburg, July 2,1863.

The wound was in the right arm, by a minie-ball, just below the elbow joint, on the inside, severely fracturing one of the bones. Pieces of bone were continually coming away, and gangrene set in, so that great weakness and debility resulted. I was sent home on furlough, and was lmder the medical care of Dr. D. B. Nelson, of Laconia, N. H., a. physician and surgeon of acknow!edged skill, who continued to treat my case till September 16, 1863, when I was discharged the service.

After my discharge my arm continued to trouble me, pieces of bone coming out until nearly the whole of the fractured bone had come away. After the flesh had nearly healed, Dr. Nelson made and adjusted a splint, with straps, so that I could use my arm a. little in doing light work, and in May, 1866, I tried to work some at my trade as a. blacksmith in the car-shops at this place. In attempting to use the hammer the splint would get loose; and the slightest attempt to strike a lateral blow would completely paralyze the muscles of the arm, so that the tool would fall to the floor; and on one of these occasions, in the spring of 1866, a piece of iron flew into the right eye and completely destroyed the sight. On the 3d of November, 1867, the sight of the remaining (left) eye was destroyed in attempting to drive a nail, and since that time I have been totally blind. I am now receiving a. pension of $12 per month "for gunshot wound of right forearm," certificate No. 20583. Being t~tally helpless, as aresult of said gunshot wound, I respectfully petition Congress to increase the pension to such sum as will give me an adequate support.

Signed in presence of-1\lARTIN IIA. YNES, GEORGE S. CHASE.

his JOHN P. + DAVIS.

mark.

I, Charles 0. Davis, of Newton, in the State of Massachusetts, on oath depose and say that I am a brother of John P. Davis, of Laconia, in the State of New Hampshire, and know that he was wounded in the right arm while in the service. That I am a blacksmith by tradet and the said John P. Davis is also a blacksmith. by trade; that from some time m the winter of 1866 and 1867 till the 1st of November, 1867, both he and I worked in the blacksmith shop of the car com-

846 CONGRESSIONAL RECORD-HOUSE. r

JANUARY 22,

pany at Laconia aforesaid; that during that period while at workt ~s aforesaid, he had great trouble with his ann, occasioned by said wound, wnich was just below the elbow-joint-, and it troubled him greatly in his work, particularly in what is called upsetting, or any other work where any twist of the wrist was required. He seemed to lose control of his arm and be would strike at randoiD., and steel and iron would sometimes fly, and I, as well as others. used to remark to him thatifhedidn'tlook out he WO\lld gethiseyesputout, and finally, while he was at work one day in said shop upsetting, his arm gave out and he struck unfair and a. shiver or scale of steel flew and struck him in the eye and destroyed the sight. This was the right eye. .After the soreness got out of his eye and he became able t.o work again he ca.me back again into said shop, and we continued to work tog~ther until he lost the sight of the other eye, in the first part ofNovember,lB67, by a nail that he was driving flying into it. That I have no pecuniary interest in any claim the said John P. Davis makes for a pension.

CHARLES 0. DAVIS.

On this17thday of November, 1885, persona.llyappeared Charles 0. Davis. tome well known, and upon his oath declares that the foregoing statement subscribed by him is true. I further declare tha.t I have no interest in the foregoing claim, and am not concerned in its prosecution.

(sEAL.] ISAAC F. KINGSBURY, Notary Public, of record. at Pension Office.

LAcoNIA, No'Vernher 19, 1885. I, Frank Huntress, on oath depose and say that I am well acquainted with

John P. Davi . lam a. blacksmith by trade, and was in the shop with John P. Davis from April,l866, to NoveiD.ber, 1867. Durin~ that he was troubled with his arm, occasioned by the said wound. He complamed of a numbness about the hand and wrist, which would cause him to lose control of his hammer, in consequence of which the steel and iron would be thrown toward his face. Many is the time the remark has been made by him, as well as others, that he must look out or he would lose his eyes. I have no interest in the claim John P. Darvis makes for a pension whatever.

F. B. HUNTRESS. STATE OF NEW HAMPSHIRE,

County of Belknap, ss: Personally appeared this 19th day of November,l885, Frank B. Huntress, and

made oath that the above affidavit by him signed is true. I have no interest, direct or indirect, in the claim of John P. Da.vi for pension.

[SEAL.] STEPHENS. JEWETT, Notary Public.

I hereby certify tha t I attended professiona.lly John P. D avis, late sergeant Company H, Twelfth Regiment New Hampshire Volrmteers, on the 30th day of July,l863, and found himsu1feringfromagunshot woundofrightforearm, with gangrene affecting said wound and the entire arm. Fever, re tless, pain, and spicula of bone required close attention and nursing for many weeks, recovering very slow, with loss of the middle third of the ulna muscles, tendons, blood vessels, and nerves of outer section of the right forearm, and in July,1864, I applied a splint to enable him to handle a. light hammer at his trade as blacksmith, but which would work loose and allow his hand to turn, and by reason of this disability, in striking an indirect blow, a piece of iron flew into and destroyed the right eye, May, 1866. and on November 3,1867, in striking a nail it flew into and destroyed the left eye. I attended him in each case with the best of counsel, but the injuries resulted in total blindness.

D. B. NELSON, M. D. LAcoNIA, N. H., Novernher 13, 1885.

STATE OF NEW HAMPSHIRE, Bdknap,ss:

On this 1st day of December, A. D.1885, personally appeared the above-named D. B. Nelson, to me well known, a. respectable witness and a physician in good standing, and subscribed and made oath to the foregoing statement before me.

MARTIN A. HAYNES, Justice of tM Peace.

The amendments reported by the committee were agreed to. There being no objection, the bill as amended was laid aside to be

reported favorably to the House.

MARGARET FLAHERTY.

The next business on the Private Calendar was the bill (H. R. 1475) granting a pension to :rtlargaret Flaherty.

The bill was read, as follows: Be it enacted., &e., T4at the Secretary of the Interior be, and he is hereby, au

thorized and directed to place on the pension-roll, at the rate of $8 per month, the name of Margaret Flaherty, dependent stepmother of Bartlett Flaherty ,late a. private in Company F, Thirty-first Maine Volunteers, said pension to commence March 3, 1885.

The report (by 1\Ir. HAYNES) was as follows: The ID.ID.ittee on Invalid Pensions, to whom was referred the bill H. R.

1475, beg leave to submit the following report: A bill pensioning Margaret Flaherty, the beneficiary in this bill, was passed

March 3, 1885, and published with the statutes of the Forty-eighth Congress second session, page 177, chapter 512. The Interior Department, however, did not feel at liberty to place her name on the pension-roll, on account of a. clerical error in the bill, which gave the service of the soldier as in the Tblrd Maine Regiment instead of the Thirty-first. The report, by Mr. Ossian Ray, of the Committee on Invalid Pensions, Forty-eighth Congress, was as follows:

"Bartlett Flaherty enlisted and served as a. private in Company F,Third 1\Iaine Volunteers, untill\Ia.y 12, 1864, when he was killed, while in the line of duty, at the battle ofSpottsylvania. Court-House, in Virginia. He was an only son, and contributed between 5200 and S300 of his bounty and pay toward the support of his dependent parents, Nicholas and Margaret Flaherty. The soldier's father died several years ago, without obtaining a.ny pension. The mother, Margaret Flaherty, is a widow and very poor, and has applied to the Pension Office for a pension, but. her claim was rejected on the ground that she was not the natural mother of the deceased soldier. He was her step-son. She was married to his father when Bartlett Flaherty was an infant, and always acted the part of a true and faithful mother to him."

We recommend the passage of the bill. . Mr. MATSON. This bill is in the nature of an amendment to an act

passed 1\Iarch 3, 1885, for the relief of this woman. The soldier having been described in that act as having served in the Third 1\Iaine Regiment instead of the Thirty-first, this bill is d.esigned merely to correct that verbal error.

There being no objection, the bill was laid aside to be reported favor-ably to the House.

THOMAS M. COMMUCK.

The next business on the Private Calendar was the bill (H. R. 646) granting a. pension to Thomas M. Commnck.

The bill was read, as follows : Be it enacted, d:c., That the Secretary of the Interior be, and he is hereby, au

thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Thomas M. Commuck, late a. private in Company H, Twenty-ninth Regiment Wisconsin Volunteer Infantry.

The report (by 1\Ir. CONGER) is as follows : The Committee on Invalid Pensions, to whoiD. was referred bill H. R. 64G,

have had the same under consideration, and make the following report thereon:

Thomas M. Commuck enlisted as a. private in Company H, Twenty-ninth Wisconsin Volunteer Infantry, and was d iscbarged February 20,1863, on certificate of disability at the general hospital in Helena, Ark. His declaration for pension was filed February 22, 1869,allegingdisabilitybyreasonoflungdisease, and was rejected by the Pension Office on or about March 7, 1885; his applica· tion was rejected on the ground "tha.tthedisabilityclaimed existedpriortothe soldier's enlistment, as shown by the record, and which the non-profes ional testimony adduced is not of sufficient weight to controvert."

The evidence of claimant and nine other disinterested witnesses shows that claimant prior to his enlistment was a healthy, strong, and able-bodied man, free from any evidence of lung disease or other disability; nor is there any testimony, save the certificate of one physician and the post surgeon at the time of his discharge, going to show that claimant was affiicted with scrofula or any disease prior to his enlistment. It is stated in the certificate of disability by the post surgeon at the hospital where he was discharged that he had been afllicted with scrofula for years prior to his enlistment. A similar statement is made by one Rawson, whose certifuJate of examination is on file. It is difficult to understand upon what knowledge the post surgeon could make such statement in view of the fact that the soldier was at the general hospital and that the po t surgeon had no knowledge of him prior to claimant's being assigned to the hospital in question.

The certificate of Dr. Rawson, whose acquaintance consisted of the medical examination alone, would seem to be based upon equally poor authority. These statements are so overwhelmingly negatived by the testimony of Drs. Floyd, Foster, and Morton, and some twenty-eight other witnesses, that it seems difficult to entertain a doubt of the justice of claimant's application. The undis· puted evidence of his comrades and others shows that while claimant and his command were in camp at a point in !Iississippi opposite Helens., Ark., and without tents and other shelter, except overcoats and blankets, claimant con· tra.cted, during the wet and disagreeable weather then prevailing, a severe cold, which settled on his lungs, and that he was sent to the hospital and treated for lung fever.

The circumstances of his first illness with the regiment are fully set forth by his comrades. His illness was serious, and continued from the time of first. going to the hospital until he was discharged from the ~eneral hospital atHelena, Ark. Even after his discharge be was confined t-o hlB bed for a long period on his way home, and seems from the evidence never to have recovered his health at any time after his discharge. It appears from the record that the claiiD.ant's command removed from the vicinity where they were when he was sent to the hospital immediately after his departure. One C. J. Pease signs claimant's certificate of disability, and bas signed a. certificate also as a commander of his com~ pany, which is evidently & mistake of the surgeon in signing his name upon the wrong place upon the certificate, and thereby perhaps securing weight to his statement, as if ma~e by two different persons. It is natural and possible that this error may have influenced the Pension Office originally in the decision of the claim.

The evidence in this case shows conclusively that claimant has been afflicted with his present ailment ever since he was carried to the hospital from his regimental command.

Dr. H. R. Floyd, who made an examination of claimant recently, says: "He is continually suffering from pam in the lungs, but more especially in

the left lung; has intense acute pain in the region of the heart for the last six weeks, and has a peculiar but sickening pain at this point and in the extremities; has severe spells of coughing1 producing extreme exhaustion; a.~ some of the.se spells will expectorate clots or yellow matter and at other times a greenish yellow purulent substance; has had several severe hemorrhages from the lungs ; the first occurred the 12th of August, 1884; had a very severe one on the 1st of December, when the blood gushed out. in great quantities, and did not entirely cease for s:x days; the last severe one occurred the 26t.h or 27th of December; qe is very weak a.nd confined to the bed nearly all the time; at night feel as though he was burning up, though his skin feels cold; this condition is sometimes reversed."

Dr. Floyd states that the examination shows the following objective facts : "His left lung is very sore, and I had to percuss very lightly, eliciting a. cavern

ous sound over the whole of the upper lobe near the surface; the right lung is not so sore, but the sounds are much the same, but clearer; the chest walls are very much retracted; auscultation reveals cavernous respiration, accompanied with a. gurgling sound in both lungs; expansion It inches. His condition now is such that he can not live very long, and he is so disabled by disease of the lungs as to require the constant aid of another person. He is, in our opinion; entitled to a first-grade rating for disability: caused by disease of lungs."

The record in this case shows by a great preponderance of testimony that the soldier's disability was incurred in line of duty, and that prior to his enlistment he was free from disease. The continuance of his disability is traced clearly down to the present time.

The abundant tributes, by affidavits and otherwise, to the merits of his cl1lim, both from his neighbors and distinguished gentlemen of his State; his evident high character and integrity, as evidenced by the record; his sufferings and

·probable speedy death by reason of entering the service ofllis country, combine to demand at the hands of your committee thejustrecognition whichagrateful nation is and should ever bewillingtoaccord to her defenders. Yourcommittec return the bill with a recommendation that it do pass.

There being no objection, the bill was laid aside to be reported fa.vora.bly to the House.

D.ANIEL B. CLARK.

The next business on the Private Calendar was the bill (H. R. 414) granting a pension to Daniel R Clark.

The bill was read as follows: Be it enttcted, &c., That th~ Secretary of the Interior be, a.nd he is hereby, au

thorized and directed to place on the pension-roll the name of Daniel B. lark, late of Company A, First Ohio OavA.lry, now residing in Fandon, McDonough County, State of lllinois, and pay him a pension at the rate of thirty dollars per month.

The amendment reported by the committee was read, as follows: At the end of the bill strike out the words "at the rate of thirty dollars p er

1886. CON.GRESSIONAL RECORD- HOUSE. 847 month" and insert "subject to the provisions and limitations of the pension I ws."

The report (by Mr. NEECE) was read, as follows: The Committee on Invalid Pensions, to whom was referred bill H. R. 414, beg

leave to subm.it the following report: Daniel B. Clark enlisted in Company A, First Regiment of Ohio Cavalry, and

was discharged at Nashville, Tenn., for di ability, September 17,1864. He was a pri onerof war from.A.ugust 29,1862, to September13, 1862. .A. pension is claimed for heart di ease and piles contracted while a. prisoner of war. The evidence is as follows: Simon Dorran, a. private of the same company and regiment, and also a fellow-prisoner, testifies said Clark had diarrhea. and piles while he was a prisoner of war. Capt. Noah Jones, who was the captain of Clark's company, also ' Villiam P. Cleaveland, a member of said company, both testify that Clark, after he returned from prison, was unable to do duty on account of disease or disability, whlch disease they understood Clark contracted while a prisoner of wa:r. Dr. Milton Dunlap, of Greenfield, Ohio, testified that be treated s..<tid Clark in 1863. but he can not now remember for what disease. It also appears that after CJark was a. prisoner of war he returned to hisho.xne near Greenfield, Ohlo, on furlough. John Blain testifies that Clark was a. sound man at the time of enlistment; that he was at Clark's home in Ross County, Ohio, in 1862; that Clark was at home sick. and complained of pain in his breast, and that at that time Dr. Dunlap treated him.

Dr. W. H. Wear testifies that be met said Clarkin1865, and had frequent talks with him about his trouble, and that Clark at the time was suffering from heart disease, pleuritis, and pile i and that since 1872 he has been said Clark's family physician, and has treated hun for said diseases, and that said ruseases still continue, and that said Clark i totally disabled. Dr. l\IcDa.vit testifies that he treated said Clw:k in 1880 for heart disease and pletr:ritis. Dr. Compton says he knows said Clark, a.nd that he treat-ed him since 1872 frequenty for heart disease and piles.

Dr . .A.. F. Eidson testifies that he treated said Clark from.A.ugust, 1865, to April, 1871, for hee.rt disease and piles. The board of medical examiners who examined hlm in 1881 say he is tota.lly disabled from the effects of heart disease and piles. .A. number of witnesses testify to Clark's soundness at the time of his · enlistment, and to his being sick ever since he was a prisoner of war. Evidence introduced before the committee show said Clark to be tot:a.Jly disaQled at th.is time, confined to his bed or invalid-chair, and unable t o walk, or to talk so he can be understood without great difficulty.

Your committee recommend that said bill do pass, witk the following amendment: Strike out the words "at the rate of thirty dollars per month" and insert" subject to the provisions and limitations of the pension laws."

The amendment reported by the committee was agreed to. There being no objection, the bill as amended was laid aside to be

reported favorably to the Honse.

ALEXA ~DER P. STEWART.

The next business on the Private Calendar was the bill (H. R. 3846) to remo>e the disabilities of Alexander P. Stewart, of La Fayette County, Mississippi.

The bill was read, as follows: Be it enactert, &c . . That all disabilities imposed upon :~.nd incurred by Alexan

der P. Stewart, of La Fayette County, in the State of 1\Iississippi, under the provisions of the fourteenth amendment of the Constitution of the United States, be, and the same are hereby, rem.oved.

The report (by Mr. TucKER) was read~ as follows: The Committee on the Jurucia.ry. to whom was refered bill H. R. 1318, beg

leave to report: AlexanderP. Stewart, in his petition, states the facts on whichheaskstohave

his disabilities removed. Your committee report n. substitute for the bill referred and recommend its

passage. CHANCELLOR'S OFFICE, UNIVERSITY OF MlssiSSIPPX,

Oxford, December 19, 1885. To the Oon{JTcss of the United Slates of America:

The petition of Alexander P. Stewart, of the State ofMissi ippi, respectfully set forth:

That be graduated f~om the Milit.ary Academy at Wet Point in 18!2; was appointed second lieutenant in the Third Artillery; resigned in 1845, and engaged in private pursuits. In the year186lhe entered the military service of the Confed erate States, in which he served during the war of secession as a. brigadier, major, and lieutenant-general in their armies. Soon after the war he was pardoned by the President and took the oath required in such cases.

He asks that the disabilities imposed by the fourteenth amendment to the Constitution of the United States be removed.

Respectfully submitted. ALEX. P. STEWART.

There being no objection, the bill was laid aside to be reported favorably to the House.

Mr. MORGAN. In reference to this case of General Stewart I desire to state that at the close of the war and before the adoption of the fourteenth amendment he was granted a full pardon, and took what is commonly known as the amnesty oath. He was under the impression that by reason of this fact he did not come within the provisions of the fourteenth amendment. Recently he has learned that gentlemen for whose opinions he has the highest respect think differently. This is the reason why the application in his case has been so long delayed.

Mr. GIBSON, of West Virginia. !will ask thegentlemanfromlllississippi whether he expects this gentleman will receive a pension?

The CHAIRMAN. The Chah will state that this bill has aJ.rea.dy been laid aside. ·

:Mr. GIBSON, of West Virginia. But the Chair certainly would not lay aside a bill without an opportunity for inquiry.

The CHAIRMAN. Before the gentleman from Mississippi [Mr. MoRGAN] rosetheChairhad asked for objections, and there being none the bill was laid aside to be reported favorably to the House. '

:Mr. GIBSON, ofWestVirginia. I do not suppose that the Chair intended to be arbitmry. It would be better for us to inquire into thffie matters. I desire to ask whether the passage of this bill puts this gentleman on the pension-roll.

Mr. MORGAN. My statement in reference to this case was made for

the reason that some gentlemen en the floor drew my attention to the factthatthe applica.tion inthiscasehadbeen delayed some twenty years. I therefore thought it proper, in justice to General Stewart) that the reason of thi delay should appear.

Mr. GIBSON, ofWestVirginia.. But that does not answer the question.

Mr. MORGAN. I will state to the gentleman--The CHAIRMAN. The Chair will state to the gentleman from Mis

sissippi [Mr. MoRGAN] and the gentleman from West Virginia [Mr. GIBSON] that they are both out of order. ·The Clerk will report the next bill.

EDW Aim G. W. BUTLER.

The next business on the Private Calendar W:lS the bill (H. R. 4409) to remove the disabilities of Edward G. W. Butler, of Missouri

The bill was read, as follows: Be 1.1 enadea, cf:c., That all disabilities imposed upon and incurred by Ed ward

G. W. Butler, of 1\fissouri1 by virtue of the fourteenth amendment of the Constitution, be, and are here.oy, removed. .

The report (by Mr. TUCKER) was read, as follows: The Committee on the Judiciary, to whom was referred the bill H. R.. 987, beg

leave t.o report: The petition of Edward G. W. Butler sets forth the facts on which he claims a.

removal of disabilities. The committee report a. substitute for the bill referred, and recommend its

passage.

There being no objection, the bill was laid aside to be reported favorably to the Honse.

N .A.NCY L. RI:BBLE.

The next business on the Private Calendar was the bill (H. R. 16) granting a :pension to Nancy L. Ribble.

The bill was read, as follows: Be it enacted, &c., That the Secretary of the lnt.erior be, and he is hereby, au

thorized and directed to put the name of Nancy L. Ribble on the pension-roll, and grant her a. pension as d ependent. mother of George W. Ribble, late a. pl'ivate in Company K, Nineteenth Regiment Indiana Volunteers, who died in the service and in line of duty; the said pension to be subjed to the provisions and limitations of the pension 1 ws. •

The report (by Mr. MATSON) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill H. R. 16,

having had the same under consideration, beg leave to report as follows: The beneficiary in this bill had no children of her own. In 1844 her sister rued,

leaving two infant children. one aged two years, the other six inonths. She n urtured and educated both of these children, and they lived with her and her h usband and assum.ed the name of Ribble, their real names being Shafer. Doth enlisted in Company K, Nineteenth Indiana Volunteel'S, on the 29th day of July, 1861, George, the older, being then in ills nineteenth year, and Andrew, the younger, then in his seventeenth year. George died of small-pox in the District of Colu.xnbia on the 12th day of January, 1862, while in the service. Andrew was severely wounded through the lungs in the battle of Antietam and never recovered therefrom, and rued shortly after his discharge.

l\Irs. Ribble and her husband were at the tim& they took these chlldren, and have been ever since, poor people~ but, as shown by the testimony of respectable witnesses, have at all times maintained good characters for honesty, in tegrity1 and patriotism. Letters from the two soldie:rsat·e exhibited, showing that durmg their service they contributed a portion of their pay to the support of t.heir foster parents. They had expected to lean upon these two men in their old age, whom theyh.'l.d nurturedandeducatedso thattheymightexpectto be able to do so, and whose affections they commanded, as shown by their letters. They were to all intents and purposes the children of this woman, who is now old, feeble, and helpless. The father of the two soldie1·s has been dead many ye rs, and was never pensioned on account of the death of either.

Under these circumstances this committee do not hesitate to ask for the passage of the accompanying bill.

There beingnoobjection, the bill was laid aside to be reported favorably to the Honse.

ALEXANDER IIARPER.

The next business on the Private Calendar wn.s the bill (H. R. 758) granting a pension to Alexander Harper.

The bill was readt as follows: Be it enaetecl, &:c., That the Secretary of the Interior be, and is hereby, author

ized and directed to place on the pension-roll, subject to the provisions and limitations of the pension law , the name of Alexander Harper, late of Company I, First Regiment West Virginia. Volunteers.

The report (by Mr. MORRILL) 11-:s read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. 7a8}

granting a pension to Alexander Harper, submit the following report: We find that this solruer enlisted in Compa.ny I, First R-egiment "\Vest Virginia.

Volunteers, 1\lay 21, 1861, and was discharged August 27, 1861. On the 3d of Jnly, 1876, he made application for a pension, alleging that about August1, 1861, "he contracted measles, which has caused weak lungs and breast."

J. L. Harper and Nancy .A.. Wiley testify that-"He was a. young man, stout and healthy, when he enlisted; when he re

turned home he was qu.ite sick, and has gradually grown worse. His disease was lung disease, with cough. He was attended by Doctor McBath from the date of his return until he went West. The doctor has since died."

Capt. B. W. Chapman, commanding the company, testifies that: "Claimant, in July or August, 1861, at Rowlesburg, Va., contracted measles.

There was no doctor present and I sent hlm to the hospital at Grafton. I saw him in said hospital and found that he had not been properly attended to and had contracted camp fever, and at date of his discharge was suffering with measles and crunp fever; that up to date of contracting the measles he was free from disea e of all kinds."

February 2, 1878, Dr. J. M. Garrett testifies "that he has been claimant's fami1y physician since 1865 ;" that "at that time (1865), or about that time, he examined the said Alexander Harper, and found him suffering from congestion of the lungs and pain and weakness in ·the chest, which he learned was the sequel to a.n attack of measles contracted bile in the Army; and he further states that above disability has continued down to the present time, and that the ~hove-named

.

848 CONGRESSIONAL RECORD-HOUSE. J .ANUA..RY 22,

Alexander H.a.rper has not at nny time been an able-bodied man or free from the elisability above described during the period above stated."

The postmaster of Troy, Iowa, states t~at- . . "The reputation of Dr. J. M. Garrett m this commumty for truth lS of the

rughest order; no man stands higher." Joseph Harper testified that-"Claimant came back from the three-months' service siek with the measles,

and lay sick in Hancock: County, West Virginia, for three months before he could be moved."

Dr. William Craig, United States examining surgeon at Keosauqua, Iowa, re-ports September 16, 1881 : . . .

"This applicant is suffering from the effects of measles, resnltmgm bronchitiS. I find him with a hacking cough and irritation of the bronchial tubes extending into the lungs." .

The case was rejected in the Pension O~ce beca~e th~re was no hospital record and the claimant was unable to furnish medical eVIdence of treatment in serv'ice or at discharge. The surgeon in charge of the hospital says he has n.o record and is unable to remember the cases he treated. Dr. McBath, whom It is shown treated him when he came out of the service, is dead, so it is impossible for claimant to comply with the requirements of the Department. It is proven beyond question that he contracted measles in the Army, and from the want of care and proper treatment camp-fever followed; that while sick his term of service expired and he was discharged; that for three months after his discharge he was unable to be moved to his home; that Dr. McBath treated him <;luring this illness· that from 1865 to 1878 he was a constant sufferer from lung disease, and that in'I881 and 1884 the disease still continued. It would be unreasonable to presume that his present condition is not the result of his army service. The case is an unusually strong one. .

Your committee recommend the passage of the bill.

There being no objection, the bill was laid aside to be reported favorably to the House.

AUGUST SCHINDLER.

The next busjness on the Private Calendar was the bill (H. R. 802) granting a pension to .A ugnst Schindler.

The bill was read, as follows: Be it enacted &c. That the Secretary of the Interior be, and he is hereby,

authorized and dir~cted to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of August Schindler, late a private in Company A, One hundred and ninety-eighth Regiment Pennsylvania Volunteers.

The report (by Mr. MORRILL) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. 802)

granting a. pension to August Schindler, submit the following report: 'Ve find that claimant enlisted August 30, 1864, in Company A, One hundred

and ninety-eighth Pennsylvania Volunteers, and was mustered out .Tune 4, 1865 l\Iarch 24 1880 he made application for a pension, "alleging that in December 1864 h~ caught cold, resulting in diabetes." This application was rejected i~ 1882, on the ground that the~e was. no record of the ~llege.d ~i5!Lbility, and the claimant was tmable to furniSh satisfactory proof of Its origm m service. In the first session of the Forty-ilighth Congress a bill was referred to this committee, upon which ru~ adverse .r~port w~s m!lde on a~ount of the lac~ of evidence to sustain the claim. Addttlonal affidav1tshave smce been filed which very materially strengthen the case. Edwin A. Kratz, of the same company, test'ifies: .

"He and I were tent-mates, and marched t~gether m camp and field , and fought s ide by side from the middle of August, 1864, till 1\Iarch 29,1865; that be appeared to be soun<;l a~d healthy, ~d I believed him t.o be so .(except being near-sia bted nece sttatmg the wearmg of glasses) until early m December, 1864, when, o'n Gen eral 'Varreh's raid do~ the 'VeldonRa*oad (our regiment being in the Fifth Corps) and after marching through the ram and mud a day or two he commenced complaining of his back giving out, and we two dropped to the rear near the evening of the second or third day, but caught up again the next dav. For scyern.l days after ihe raid and at intervals afterward he was troubled with pains in the small of his back. Atler the Hatcher's Run fight, in February, 1865, the pains were S? se~ere that he was ~rcely able to perform camp duty and I noticed that hts urme was of very high color and had to be voided freQuently. Rubbing his back seemed to give temporary reli~f. which I did for him e pecia lly after exposure to wet weather, and after commg otf of picket duty <luring February and March, 1865."

.John Sheridan testifies that he was sergeant of Company A, One hundred and ninety-eighth Pennsylvania. Volunteers, and was well ~uainted. wi~h claimant; that claimant , after sever:1l ~ays of ex:po~ure, complamed ofpams In his back and limb , and that he took him to the reg~ mental surgeon, who gave him medicine saying he was exhausted and ought to have rest; that deponent was absent fl:~m the company for about thirty days, and when he returned he found claimant still debilitated and unfit for duty, and he remained so until he was discharged, and that he continued under th~ treatment of the surgeon. He further says that "claimant was as brave a soldier as I ever met."

Godfried H. Vogt says he knew claimant for years before he enlisted as a hale hearty man and that upon his a1Tival home in 1865 he was a wreck of his former self and coh:Jplained of rheumatism and kidney disease. .Joseph Hacker and Andrus Friedly testify that he was well when he enlisted, and came home sick and continued so for two years and until he moved away. Dr. A. Antony testifies to treating him for diabetes in 1869, and Drs. C. Ruttger and A. N. Breneman from 1874 to 1876. The examining surgeon at Garnett, Kans., reports in 1882 t11at he is badly affected. He is now unable to do any manual labor, is very

P~~·u;~~n:~~: ~~~~!;:!~:dY£~~~~ge of the bill.

There being no objection, the bill was laid aside to be reported to the House with the recommendation that it do pass.

JOHN C. CLARK.

The next business on the Private Calendar was the bill (H. R. 4410) for the relief of John C. Clark.

The bill was read, as follows: Be i t enact~d, ct:c., That the Secretary of the Interior is hereby authorized and

directed to readjudicate the pension claim of .John C. Clark, late a private in Company A, Thirtieth Regiment of Dlinois Vohmteers, as though the application under which said pension was granted had been filed on the 20th of June, 1880.

Mr. McMILLIN. I ask for the reading of the report. The report (by Mr. MORRILL) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. 780)

Cor the relief of .John C. Clark, submit the following report: This bill asks that .T ohn C. Clark be allowed arrears of pension from January

1,1863, to .July 1,1882, at the rate of $4 per month, that beillg the rate of pension

allowed him by the Pension Department, commencing at the date last named. In support of this he claims that on or about the 20th of .Tune, 1880, he made out an application in proper form, which was dnlywitnessedandattested., and placed it in the United States mail ; that afterward he received the usual circular letter from the Commissioner of Pensions, acknowledging the receipt of the appHcation and giving the number under which it had been entered in the Pension Department, but that he has since lost that letter; that afterward, upon making inquiry, he was informed that no application for pension from him was on file, and he accordingly made a new one. Claimant shows that A. W. Hoyt made application at the same time and received a similar letter, a copy of which is hereto given. .Affidavits of A. W. Hoyt, .T. W. White, and claimant are as follows, the credibility of the witnes es being strongly vouched for by Hon. S. R. PETERS, a member of this House :

STATE OF KANsAS, County of Riu, ss:

.Affidavit of .T. C. Clru:k.

J. C. Clark being firstdulysworn according to law, says that he is thirty-nine years of age, 'and resides in Lyons, Kans.; that in the month of June, 1880, he made his application for a pension; that as early a.s the 20th day of said June, 1880 and possibly several days earlier, J. W. White1 the attorney who prepared said' application, informed affiant that said applicatiOn had been duly mailed to the Pension Department at Washington, and affiant further says that some two or three months after making such application, and in about the month of Sep. tember 1880 he received a letter from the Hon. J. A. Bentley acknowledging the rec~ipt ~f said application, said letter being quite similar in form to the one attached by A. W. Hoyt to his affidavit made this da.yin relation to this matter.

And affiant further says that he remembers clearly of a conversation with the said Hoyt at about the time of rece!ving said letter, ~n which ~.t remarked and stated to the said Hoyt that satd letter was recetved, and m said conversation it was stated that both of said applications were evidently received in due time and it was also stated that the Department had been along while in aokno~ledging receipt, and which was talked over as probably being on account of the Department being somewhat behind in its work. .And affiant further says that said letter so received from the Department has in some manner been lost

· and can not be found, though diligent search has been made. That at the time of making said application affiant was in business in Lyons, and that in 1881 he moved to Missouri, and went into business there, and afterward returned to Lyons and that it is his belief that said letter was lost during such moving, or was thrown into the waste basket by some of the clerks or the book-keeper as being of no value.

J.C. CLARK.

Subscribed and sworn to before me this 20th day of l\Iay, 1884; and I hereby cert.ify that said Clark is a man of respectability, a. man of truth and ·veracity, and is entitled to full faith and credit in ea.ch e'\'ery statement by him a.s aforesaid made, and that I have no interes t, either direct or indirect, in this claim or application or in its results.

STATE OF KANSAS, Cqtmty of Rice, ss :

S . .T. SMITII, Clerk Distr ict Cow·t, Rice County, Kansas.

Affidavit of J. W. White.

.T. W. White, being first duly sworn according to law, says that he res~des in Lyons, Kans., and is a lawyer by profession. That he remembers of hts own personal knowledo-e that in the month of .Tune, 1880, as attorney for John C. Clark who was a private in Company A, Thirtieth illinois Infantry, that he ma.de 'out an application for a pension for the said Clark, and prepared other papers by way of affidavits in blank for certain witnesses to fill up and execute; and affiant says that about the same time he was also acting as attorney for one A. W. Hoyt in aiding him in securing a pension, and that he prepared papers a.t about the same time for the said Hoyt. And affiant further says that not later than the 18th or 20th of .Tune, 1880, and possibly a week etulier, he placed in the post-office at Lyons, Rice Coun~y, Kansas, two envelopes d~ly addressed to the Pension Department, at Washington, D. C., postage prepaid, and that one of said envelopes contained the application of the said A.W. Hoyt, with perhaps some other papers in relation thereto in the way of affidavits and a lettet: addressed to the Commi sioner of Pensions, and that the other envelope con tamed the application and affidavit of the said J. C. Clark, made out in due form and duly signed by the necessary witnesses and by them duly sworn to the contents thereof and together with said application of the said Clark was a letter addressed to the Commissioner of Pensions in relation to said application. Both of said letters were so mailed on the same day, and affiant remembers that at the time of the making out of said applications, and on the very day they were so mailed, the question of the law being ~bout to expire at an early d ay :was talked over, and it was then stated that said letters had ;'DOre than ample t1me to reach Washington before the 1st of .July, 1880; and affiant says that It was at least ten days or two weeks before the expiration of the arrears-of-pension act. Since making affidavit some two months ago concerning this matter, affiant says that he has refreshed his memory by examining papers and letters, and from such can state positively in relation to the time of said mailing of said let-

te~ant further says that some six weeks or two months after the mailing of said application as stated, he received a letter from the Commis ioner of Pensions acknowledging the receipt of the said H<?yt's applicatio~, a?d in n?out two weeks after receiving such letter as to the sa1d Hoyt's applicatiOn b~mg duly received this affiant received a similar leiter acknowledging the rece1pt by the Commissioner of Pensions of the said Clark's application . . Said letter was not preserved for the reason that affiant did not consider at the time that it. wou~d ever be of any service, supposing said application had been duly recen·e? m ample time, and was properly filed and a record made .thereof. A nd aft;iant further says, that he knows, of his knowledge, that the sa.td C~rk also rc~mve~ a similar letter from the Pension Department nbout the same ttmethat !'<:lid aftiant received the one mentioned, he, the said Clark, having shown such letter to affiant in conversation at about that time. Said pension claim was not prosecuted to a final determination during that year of 1880 o.r 1881, for t~1e reason that a very important witness could no~ be f<?und or his addr.e~ dtscovered. That in 1882 the said Clark removed to MISSoun, and, as affiant IS I~for!ued, he, the said Clark, through the advice of couns~l, made another apphcallon , and not until the fall of 1H83 was this affiant ever mformed that no record c:ould be found in the Pension Department of said original application so made In .Tone, 1880; and this affiant further says, that he has no interest eith~r in the result ?f this claim or application of the said Clark further than an ordmary attorney m seeing that justice be done an old soldier, and t~athe has not made any charge for what he has done, and expects no remuneration.

J. W. WRITE.

Subscribed and sworn to before me this 20th day of May, 1~, and I hereby certify that the said .T. W. 'Vhite i!l a respectable citizen, and I.s a m an of truth and vera.city and is entitled to full faith, confidence, and credit upon each and every allegation contained in the foregoing affida'\'it.

S . .T. S::\flTH, Cluk District Court, R ice County, Eansa&.

1886. CONGRESSIONAL RECORD-HOUSE. 849 DEPARTMENT OF THE INTERIOR, PENSION OFFICE,

.August 20, 1880. SIR: The claim of A. W. Hoyt, of Company M, Eighth New York Heavy Ar

tillery, No. 378,269, for pension, has been received, and will be examined in its order, and the result communicated to you. In any communication you may find it necessary to address to the office relative to this or any other claim, please indorse on each piece of evidence the full name and service of the soldier, and the number and character (whether invalid, increase, &c.) of the claim.

Very respectfully, JAS. BENTLEY,

Commissioner.

.Affidavit of A. W. Hoyt. STATE OF KANsAS,

County of Rice, ss: A. W. Hoyt, being first duly sworn according to law, says that he is fifty-two

years of age; resides in Lyons, Kans., and has so resided for over six years, and by occupa.t.ion at present a dealer in agricultural implements. And affiant further says that he is well acquainted withJ. C. Clark, and has been so acquainted with him for six years last past; that he knows of his own personal knowledge that the said J. C. Clark1 in the month of June, 1880, made his application for pension, this affiant havmg seen the said Clark's affidavit and application and read the same. And affiant further says that he was sergeant in Company l\1, Eighth United States Heavy Artillery, and that ID:said month of June, 1880, this affiant also made application for a pension, and that his said application was prepared by J. W. White, attorney at Lyons, he being the same attorney who prepared the application of the said J. C. Clark; and affiant says that of his own personal knowledge he knows that the said White, on a day not later than the 20th day of June, 1880, and possibly some days earlier, left his office professing to go to the post-office for the purpose of mailing affiant's application, together with that of the said J. C. Clark. And affiant says that he has good reason to believe, and does believe, that both of said applications were on said day duly addressed and placed in the post-office at Lyons by the said White.

Affiant further says that his application, which was and is No. 378269, was duly received by the Pension Department, and that he has received his pension thereon, the certificate being No. 244014. .And affiant further says that since making an affidavit some two months ago in relation to this matter, he has examined his letters and papers received from the Pension Department, and refreshed his memory in relation to Sl\id date of mailing of said application, and that he is well satisfied that said applications were mailed as early as stated herein, and that he remembers of a conversation had by and between himself and the said Clark and White, in which it was talked over and stated at about the time of mailing said applications that they were mailed in ample time to reach the Department, and several days to allow for any possible delays in the mails, barring uncontrollable casualties and accidents.

And affiant further says that in the month of August,1880,he received a letter from the Hon. J. A. Bentley, Commissioner, acknowledging receipt of affiant's application, and which letter was the first communication received in relation thereto; that about two weeks after the receipt of said letter, and which is hereto attached and made a part hereof, he, this affiant, had a conversation in the city of Lyons with the said Clark, in which he, Clark, said he had just received a similar letter acknowledging receipt of his application by the said Bentley, and the said Clark then and there held in his hand an envelope showing on its face that it was from the Pension Office, and appeared to cont.<~.in a. letter, but which letter affiant did not read, and it was then and there stated by and between affiant and said Clark that both of their applications had evidently been received in proper time for due consideration by the Department. And affiant further says that he has no interest, either direct or indirect, in the result of the said Clark application.

A.W.HOYT. Subscribed and sworn to before me this 20th day of May, 1884; and I hereby

certify that the said A. W. Hoyt is a man of respectability, and entitled to full credit and belief as to each and every statement contained in the foregoing affidavit, and that I have no interest, either direct or indirect, in the result of said Clark's applic_ation or claim.

S. J. Sl\IITH, Cle7·k District Court, Rice County, Kansas.

The evidence seems conalusive. Cases have occasionally occurred where applications have been lost or mislaid in the Department, and your committee recommend the passage of the following subst.itute:

Be it enacted by the Senate and House of .Representatives of the United States of America in Congress assembted, That the Secretary of the Interior is hereby authorized and directed to readjudicate the pension claim of John C. Clark, a private in Company A, Thirteenth Regiment of Illinois Volunteers, as though the application under which said pension was granted had been filed on the 20th of June, 1880.

~fr. PETERS. Mr. Chairman, I am personally cognizant of this case and of the parties who make the affidavits in it. The affidavit of Mr. Clark is supported by J. W. White, now a State senator, and also by A. W. Hoyt. All the witnesses are personally known to me to be reputable men. This bill passed the House at the last session, but too late to pass the Senate. The same evidence has been presented at this session.

Mr. McUILLIN. The rea.son why I called for the reading of the report was to see what were the state of facts the committee acted on in making this exception to the rule which has been so long adopted here of allowing no arrears. I see the ground upon which it is based is that the committee were satisfied the application was actually filed.

~fr. PETERS. That is so. !Ir. McMILLIN. That being so, the claimant should stand on the

same ground as if there had been no failure of duty on the part of the officials in the loss of the papers.


DR. J. F. BRUNER.

The next business on the Private Calendar was the bill (H. R. 702) granting a pension to Dr. J. F. Bruner.

The bill was read, as follows: .Be i t enacted, &c., That the Secretary of the Interior i'! hereby authorized and

drrected to place on the pension-roll, subject to the restrictions and limitations of the pension laws, the name of Dr. J. F. Bruner, late assistant surgeon of the & ·venth Regiment of Missouri Cavalry,

XVII-54

The report (by Mr. MoRRILL) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. 702)

granting a pension to Dr. J. F. Bruner, submitted the following report: We find that claimant was mustered into service May 11,1862, as assistant sur

geon of Seventhl\Iissouri Cavalry, and resigned on account of ill health February 12,1863. January 20, 1881, he made an application for a pension, alleging "that he contracted chronic laryingitisand bronchitis by exposure in marching to and at the battle of Prairie Grove. Ark., December 6, 7, and 8, 1862; that he was taken prisoner on the 7th, and suffered great exposure, and his disability assumed a. chronic form in consequence of his continued arduous duty in caring for th€' sick after said battle, and finally rendered him unfit for duty, so that he was compelled to resign."

His application for pension was rejected on account of the statement made in his letter of resignation, giving as a reason for his leaving the service-

" On account of my own health, which has been gradually and certainly failing for the past two months, originating from a return of my former disease, • chronic bronchitis,' combined with dyspepsia, which, acting on a system constitutionally feeble, has rendered me so diseased and debilitated that I am satisfied I am wholly unfit for future service."

Claimant, in an affidavit filed July 9, 1884, says that when he wrote the letter of resignation the statement that a former disease, "chronic bronchitis, ' ' had returned was not intended to convey the idea that he was affected with such disease in any manner or form prior to nor at time of enlistment. That he then was and had been for a number of years a sound, able-bodied man.

Dr. Joseph Malin, an old and well-known physician of Saint Joseph, testifies that he wa.s intimately acquainted with claimant for several years prior to his enlistment, and to the best of his recollection claimant was sound at enlistment; that he had opportunities of knowing it had it been otherwise, as he was intimately acquainted with him and lived in the same town.

Hon. JAMES N. BURNES, a member of this House, testified that he knew claimant from 1850 until several years after the war; was a stout, hearty man, apparently free from any disease ; had no trouble of the lungs or throat to deponent's knowledge, and that claimant's moral character was unexceptionable in every respect.

A large amount of evidence from parties in good standing some of them claimant's comrades and intimate associates, has been filed to show that claimant was in good health when he entered the service.

Dr. W. Bertram testifies that himself and Dr. Jones were on the United States examining board for examining conscripts in 1864, and that claimant was examined by them and given a certificate of disability on account of bronchitis, and was only fit for the invalid corps, and that he consulted with claimant at various times afterward as to his disease, which continued to trouble him. The evidence is conclusive that he has suffered from said disease ever since and is now in a very critical condition.

Rev. D. L. Lander testifies that he was, in August, 1882, in a condition of absolute need.

Three special examiners have carefully investigated the case, and all reported strongly in favor of &llowing the claim. The examiner in charge of the case in the Pension Office submitted it to the board of review with the recommendation that it be allowed, in which your committee most heartily concur. Putting the most unfavorable construction possible on the language of the resignation, it would only show that at some prior time the doctor had been aftlicted with bronchitis, and that he had a weak constitution. But admitting this, with care and a. careful avoidance of unnecessary exposure he might have enjoyed comparatively good health. That he served in the field and hospitals for eight mon~hs; that he suffered three days of exposure on the battlefield of Prairie Grove, and that under this severe strain he broke down, is clearly and conclusively established by a large number of trustworthy witnesses. Had he been a stronger man he mi~ht have endured more, but all that he had he gave to his country.

Your committee recommend the passage of the bill.


MRS. ANNA D. W. EICIDIAN.

The next business on the Private Calendar was the bill (H. R. 602) granting a pension to Mrs. Anna D. W. Eichman.

The bill was read, as follows: Be it enacted, &c., That the Secretary of thelnterior be, and he is hereby, au

thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of:Mrs. Anna D. W. Eichman, of Dubuque city, Iowa, widow of Nicholas Eichman, late second sergeant of Company G, Sixteenth Regiment of Iowa Infantry.

The report (by Mr. CoNGER) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. 602)

granting a pension to 1\frs. Anna D. W. Eichman, having given the same due consideration, beg leave to report:

Nicholas Eichman, husband of claimant, was mustered into the United States service September '1:7, 1861, in Company G, Sixteenth Iowa Volunteer Infantry; was wounded at the battle of Shiloh, April 6, 1862, by gunshot wound in left leg and shell wound in right foot , by which he was totally disabled and for which he was honorably discharged August 15, 1862. For this disability he was placed on the pension-roll April20, 1863, at rate of$8 per month, and was borne on the roll continuously until date of his death, July 18, 1883.

His widow, Anna D."'· Eichman, filed her application for pension December 17, 1883.

Requisite proofs of marriage, number of children, and that neither party was previously married, were duly filed; also following affidavit of Dr. Frederick Netzuhe as to cause of husband's death, dated January 10, 1884:

"That I have been the family physician of Nicholas Eichman for many years, during which time I have frequently attended to him on account of rheumatism, caused by the wounds in his foot, which wound became closed; also attended 1\lr. Eichman for the same in early part of July,l883, at which time the rheumatism passed to his lungs and caused his death, the closing of the wound driving the rheumatism to his lungs."

Also March 11, 1884: "I have been the family physician of the late Nicholas Eichman since the

year 1870, and have during that period, during every year, treated him for an open wound in his right foot, received by him at the battle of Pittsburgh Landing, and also for rheumatism, as well as asthmatic difficulties and shortness of breath. In 1874 I found that the deceased, l\1r. Eichman, was particularly affected with rheumatism whenever the wound in his foot closed, and was compelled to keep said wound open and promote the serous secretions from the same and avoid the difficulties above named. The cause of his death was undoubtedly t.heclose of the wound in the foot, in addition to which he had contracted a severe cold, all of which caused a serous discharge in the lungs (pneumonia), which caused his death. Have thought for many years that l'.Ir. Eichman's death would be hastened by that wound, and firmly believe that same was the full cause of his death."

,

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Claim was rejected .April 24, 1884., because " remote cause of death not medically shown." ~se was resubmitted December 9, 1881, and the following affidavit of Dr.

N1tzuhe filed, dated November 21, lS&i: "I, F. RobertNitzuhe, being dulyswm:n, upon oath depose and saythatlhave

been a practicing physician and surgeon for over thirty years, that I live in the cityofDubuque11owa, and am fifty-five years of age; thatsince18i0 I have been the family phy 1cian of said Nich. Eichman, deceased, and that I have repeatedly (almost every year) treated said Nich. Eichman for an ulceration of the foot , being the result of a gunshot wound received in the service of the United States of .America., for rheumatism, and dyspnrea.

".As long ago as 1B74 I found that Kicholas Eichman was especially subject to the rheumatic and asthmatic affections above mentioned, when the ulcemtion of the foot aforesaid (the effect of said gunshot wound) ceased and healed.

This circumstance compelled me on various occasions, for the purpose of removing said affections and relieving the patient, to reopen said wound and thus promote the serous discharge of the diseased extremity, which serous discharge had been retained in the syst~m and become the cause of the affections above named.

.A. similar state of circumstances, culminating in the death of said Eichman again occurred shortly prior thereto. '

The ulceration of the foot had healed, and this circumstance (pos ibly aided by a slight cold) caused the serous secretions, which otherwise were discharged from the system through the ulceration, the gunshot wound aforesaid to accumulate in the lungs, and this laying the foundation for and being the' direct cause of a serous pneumoni.'l>, from. which Nich. Eichman died on the 1 th day of .Tuly, 1883.

I desire further to say, that being more conve1:Sllntwith and :fluent in the German than in the English language, I prepared a statement in German to guide the party preparing the original affidavit, which I subscribed and which is now on file in the Department. That in subscribing t{) the same I took it for granted th:l.t it was a correct translation of my statement. I find upon careful perusal that the statements contained in foregoing affidavit are the statements which it was my intention to incorporate in my first affidavit, and thatthesameareatrueand correct translation of my original statement in German; and I further say that if affidavit on file in the Department differs materially in any regard from the f~regoing, the former affidavit is erroneous, ann that such mistake occurred through oversight on my part and the innocent error of the tran lator.

I further say that I was informed by said NicholaB Eichman in his lifetime that the gunshot wound (ulceration) before referred to as the direct cause of the serou pneumonia resulting in his death, was the same disability for which said Eichman was drawing pension from the Government at the time of his death· and, also, that I have no interest, direct or indirect, in the prosecution of th~ pending claim for wid?w's pension. I also state, that not being sufficiently conversant with the English language to reduce my statements to writing myself in :1. propel' manner, this has been done by W. G. Joerus, esq., at my request, and I have by a personal examination assured myself that all of the foregoing statements are correct.

F. ROBERT NITZUHE, M. D.

Was again rejected .Tanuary7,1885, for same reason as before. Tbe apparent conflict in the testimony of Dr. Nitzuhe is clearly explained in

his last affidavit, and was evidently an error in translation. His testimony as to cause of death is positive ; his statement of the case as to condition of wound, &c., i fully orroborated by all the biennial medical examinations since pension was fir t granted. · T~e so~dier ufferet:!- for. over tw~nty years with, and finally died of, wounds

recet\'ed m battle. His wife has fa1thfully and tenderly nursed him during all these years. She and her children are now in want.

Your committee believe she should bo placed on the pension-roll and there-fore recommend the passage of the bilL '

There being no objection, the bill was ]aid aside to be reported to the House with the recommendation that it do pass.

JOHN DEFENB.A.UGH.

The next business on the Private Calendar was W bill (H. R. 634) gmnting a pension to John Defenbaugh.

The bill was read, as follows: Be it enacted, &c., That the Secretary of the Interior be, and he is hereby di

Ie:cted to place the .name of John De~nbaugh, late a private in Company K, Etghty-second Regtment Pennsylvan1a Volunteer Infantry, now a resident of Creston, Iowa, on the pen ion-roll, subject to the limitations and requirements of the pension laws.

The report (by Mr. CoXGER) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R.

631) granting a pension to .Tohn Defenbaugh, having given the same due consideration, beg leave to report:

John Defenbaugh, late private of Company K., Eighty-second Pennsylvania Volunteers, applied for pension for alleged wound in right hip by a piece of bursting shell, received in battle of Sailor's Creek, about 3 o'clock p.m. of April 6,1865.

The only proof of wound in service is claimant's own affidavit; and he further swears that his capt.ain. was at that time absent on furlough; that the only lieutenant with the company was killed-shot down by his side in same battle· that his wound at that time seemed so slight that he did not go to hospital and only showed it to one comrade, who has since died; that he was soon thereafter, with his regiment, mustered out of the service, to wit, .Tuly 13,1865.

Fo1· above reasons he is unable to furll.ish the proof of incurrence in service in line of duty required by the rulings of the Pension Office. His claim was, in consequence, rejected. It is, however, clearly proven by competent lay and medical testimony that he has suffered continuously since his muster-out with said wound, which has grown constantly worse, and that from said wound, on the 20th day of October, 1880, there was taken a fragment of an iron shell, which is now on file in Pension Office with proofs of ext:r:action; that he is by reason of same permanently disabled and utterly helpless.

'Ve are ofthe opinion that the affidavit of John Defenbaugh, with the abundant corroborating testimony, fully establishes his right to a pension, and therefore recomm.end the passage of the bilL


CH.A.RLOTTE D. CROCKER. The next business on the Private Calendar was the bill (IL R. 650)

granting an increase of pension to Charlotte D . Crocker. The bill was read, as follows: Be it enacted, &c., That the Secretary of the Interior be, and he is hereby au

thorized and directed to increase the pension of Charlotte D. Crocker widow of Brig'. Gen Marcellus 1\I. Crocker, from $30 to $50 per month, from and ~fter the passage of this act.

The report (by Mr. CONGER) was read, as follows: Tl?-e Committee on Invalid Pe~ions, to whom was referred the bill H. R. 650,

hnvmg had the same under cons~deration, beg leave to report: ~· Charl~tte D. Crocker is now receiving a pension of $30 per month as the

Widow of Br1g. Gen. Marcellus .1.\1. Crocker, deceased, who entered the service at the first call of his country in 1861 as major of the Second Iowa Volunteers· was soon promoted to lieutenant-colonel of that relrim.ent and on December 30' 1861, to the colonelcy of the Thirteenth Iowa. This r~giment was briga<led unde; the o:r_:der of General Grant, after the battle of Shiloh, with the Eleventh Iowa the Fifte~h Iowa, and the Sixteenth Iowa, and this brigade was known as th~ Iowa. Brigade of the Seventeen~h .Army Corps, commanded by the lamented General .McPherson, who was killed at .Atlanta. Ge~e~al Crocker's health was. always feeble, but he was known as a most faith

ful, VIgilant, brave, and far-seemg officer. Under his command the Iowa. Brigade became famous as an organization of fighting men, which reputation they preserved t~ ~~end. ~e was traJ?Sferred from this brigade by order of General Grant to a~VIS~on,an~ m thevar10us battles fought earlyinl863before the surrender of VICksburg his management of his division and his great effort in the fi.~d, ~ough worn by disease and pain, made him a marked man. He was made brtgadter-general on the recoiiliD.endation of General Grant November 29, 1862, before these battle were fought m 1863, and showed that his promotion was deserved.

He was continually on. duty and rendering serviceinadvanceofhisrank. In ~e advance on .A.Uanta m 1BG4 he was placed in command of the Fourth DivisIon Seventeenth .Army Corps and started with his division. af\ier their veteran furlough, for the field, but he was unable to bear the insidious attacks of the disease which his expo ure in the field had increased, and he relinqui hed the comm.and to General Gresham. He was then placed on duty in New Mexico re.turned to the East, and died in Washington, away from family, fireside and frtends, on .August 26, 1865. '

In order that the estizn.:i~ placed on General Crocker by General Grant, that thorough observer of milita.ry men, may be understood, the following extract from a letter address~ by h:im to General Belknap, the president of the Society of Crocker's Iowa Brigade, IS appended:

"I will haye to excuse my elf to the survivors-veterans-of a. brigade so renowned for Its marches, battles, los es upon the field, and high soldierly qualities of its fir t commander. No reflection upon subsequent commanders but I regarded General Crocker among the ablest of the general oflicers with whom I ":as ~ ociated in the early years of the rebellion. Dying, as he was, at the be-

mnmg of the great struggle, he neverthele was always ready for any dllty whether of fatigue or danger, or both co.mbined; he succumbed to disea e' ~ie~s. ~ and in him Iowa lo t one of the br:n-est men and most capable of sol~

This letter had reference to :1. declination by General Grant of an invitation to attend the brigade meeting, as he was engaged elsewhere.

Genet·al Crocker was a brnve and everlastingly energetic man. .Attacked by disease almost at the beginning of his service, he was ill all the time; he braved the danger of field and fight, won high honor, gained the personal approval of Gen.eral. Gran~, and died in early. life from the effects of peril and exposure.

HIS Wldow IS very poor, and his two daughters, themselves in feeble health earn a. precari~ms ,li~g •. which th~y share wHh th~ir mothe~, .bY type-writing:

In ~tew of his .distl!Jg~ed semces and the destitute conditiOn of his family, the p1tta.uce which his Widow asks should be added to her pension.

Therefore we recommend tbe pa« age of the bill.

. :Mr. PR~~E. Mr. ~~man, ~ny man can defeat this bill to-night by srmply raiSmg :m obJection to 1t. .A:ny parrot can do the same thing. Therefore I do not rise to raise objection to it. I wish to call the attention of the House to the simple fact that the proper mode to legislate upon these cases is, in my humble judgment, to treat every soldier of the war exactly as though he possessed all the qualities this committee has stated to the country was possessed by General Crocker. He commenced at the commencement of the war; so did they they. He left borne; so did thousands of others. He was brave, energetic, and -patriotic; so were thousands of others. He died in the field far from home and among strangers; so did thousands of others, and those others or their dependents are as poor as those of General Crocker.

They were just as brave, ju~t as self-sa.crificing; they suffered just as much, endured as much, and fought from as lofty motives, and yet there are thousands of them to-day dying in squalid homes and crowded poor-houses, all for the lack of the paltry 8 or $10 a month pension which they do not get, and we stand here and refuse to extend to them that Government help which every business man of common understanding and just principles on this floor would extend to a man who worked for him and who might become disabled by the 1..rick of a mule on his farm.

Sir, I want to raise my voice here now, as I do not want to be continually doing it, not to offer any captious objection, because of the few members present, to the passage of the bill; not to call for a quorum or to kill the bill in the absence of a quorum, but simply to call attention to this system of legislation, for the purpose of saying that in my j udgment it is vicious and wrong all the way through. While it js true that General Crocker was in a position requiring more mental ability, a position more difficult to fill than that occupied by tho e who carried muskets and served in a humble capacity under him, it is also true that his condition and pay were commensurate with his responsibilities; and he had a thousand privileges not sharecl by the men who served under him in his command and who carried muskets during the war.

We now propose to say by this class system oflegislation, "We will feed one of you upon codfish and one upon roast beef.'' But one was a brilliant officer, high in :rank, the other a humble private. I admit that $30 a month is not a very great income for anybody, but it is as good to the widow of a brigadier-general as to the widow of the soldier who served under him; and I raise my voice here to-night not as a. special pleader for the poor man, but on the simple principle that all men actuated by the same motives, doing all that they could in any capacity, no matter how humble, have equal claims upon my gratitude, and the j u.stice if not the gratitude of the country. I will have, therefore, to vote against this amendment. Possibly I shall stand alone in that action; but I shall raise my voice against these distinctions that

1886. CONGRESSIONAL RECORD.....::.HOUSE. 851 are made here in these bills; and in the future it is my purpose to vote first case where Iowa. has presented a claim of this character; and it is against every single proposition of this character. Not that I object fo.r the widow, and the poor widow, of one of the most distinguished to the granting of pensions o.r to large pensions. Not tha.t I object to soldie.rs any State produced during the war. the right of the House to do this. The House has the right to do, un- Mr. GIBSON, of West Virginia. Can the gentleman from Iowa give der the Constitution, as it pleases. It can pass the bill in any shape it any reason why the widow of a brigadier-general should receive more pleases, but it i$ my desire to enter my vote n.nd my protest against than the widow of a private soldier? this feature embodied in bills of this character. Mr. HENDERSON, of Iowa. I should like to give every widow of

Do not tell me that I am fighting the memory of General Crocker. a private soldier just as much. There is not a soldier who fought under him who does not cherish his Mr. GIBSON, of West Virginia . It should be borne in mind that memory, who does not honor him and love him; and yet there is not ' the fame of these generals would have amount ed to nothing if it had one of them who has a higher respect, regard, or veneration for his char- not rested on the valor of the private soldiers under their command. acter or services than I have. He ha.s a claim on American gratitude Ur. HENDERSON, of Iowa. If the gentleman from West Virginia which I am the last man to deny and the first to accord. ~select the widow of some officer equally entitled with the widow

But the fact remains that every man who trudged in the mud and of General Crocker to a pension like this, I will vote with him. sand and the rain during the war and who carried a musket for $14 a 1\fr. GIBSONt of West Virginia. I will select the widow of some month is just as much entitled to credit and to gratitude as General private soldier equally entitled. Crocker, and deserves as much at the hands of the people and of this lli. HENDERSON, of Iowa. If you do, I will vote with you every Government. Why, look at the subject fora moment. Men may gush time. upon this question of pensions; they may grow eloquent in support Mr. PRICE. The logic of the argument in ilivor of this bill is, if all of i t , but it does little credit to a man-pardon the expression-to are deserving of this recognition give it to one. But I say the inevigush and let his feelings get the better of his judgment, and express table tendency of passing such bills as this is to defraud or lessen the those lofty sentiments in one case because a man happened to hold high chances of .others equally worthy. You had a meeting of the Grand rank, while there are thousands of other soldiers just as meritorious Army of the Republic in Maine last full, and that body of men voted, who are receiving nothing from the Government. I say it is not good by a small majority, against a general pension law. Why ? Beca,use or fair legislation. those having political positions, occupying the higher stations in life,

Mr. MORRILL. Will the gentleman permit a question? where they could command support, are already relieved to a Jarge ex-?Jfr. PRICE. Yes, sir. tent; and as these men of influence have their wants provided for, it Mr. MORRILL. Were General Crocker's services as valuable to the must inevitably result in the others being uncared for.

country as old Mother Bickmuyke's? I say every one of these special acts lessens the chances of a broad Mr. PRICE. The question has no relevancy whatever to the subject. comprehensive bill founded on the principles of justice. The gentle

But I would not give more attention to this woman than to the woman man from Iowa. I)Ir. HENDERSON] says they ask this for Iowa, and away out in some far-off corner in the northwest region, who chopped that this is the first time that they have made such a request. The her own wood, repaired her own fences, gathered her own grain, har- gentleman can ask nothing for Iowa that I would not give if it was a nessed her own horses, and kept her children warmly clad and fed, fair request. But General Crocker did not belong to Iowa. He was while her husband Wa:i in the front fighting the battles of his country. ours. He belongs to the people of the United States, and his widow Each woman did all that she could, and they did their whole duty, deserves all that we can give her in justice to the widows of other men and I would treat all alike. This is only justice to them all. equally meritorious. _ ·

Mr. GIBSON, of West Virginia. Will the gentleman permit me to M:r. JOHNSTON, oflndiana. While! aminfa.vorofliberalpensions ask him a question? and in fuvor of pensioning every soldier that carried the musket and

Mr. PRICE. Yes, sir. the knapsack for sixty days and has an honorable discharge, and while Mr. GIBSON, ofWestVirgini.a. I desire to ask whether the theory I am in favor of pensioning every widow of a soldier whether he lo t

of pensions, as adopted by all the governments of the world, has not his life in the service or not, beli~ving that the Government owes that been rather in the light of a support for the future than as compensa.- to the soldiers and their widows, yet I want to deny right here and now tion for the past? the proposition that the widow of an officer has any right to one cent

1.1r. PRICE. There comes in the difficulty again. Lhave got your more pension than the widow of the ma.n who carried the mu ket and question. A lawyer can not do anything unless he has precedent. He knapsack in the ranks. can find a precedent for the murder of the purest and divinest character Mr. PRICE. Sound ! that man has ever known. I do not care for precedent. I am governed lli. JOHNSTON, of Indiana. Such a distinction is not right upon by principles of abstract justice. That I would do though the heavens principle. The officer who goes into the field and gets his 150 or $250 should fall. a month sleeps in his tent and lives like a prince when he can, while

We are standing right over a volcano, superinduced by this very sys- the poor soldier has to suffer innumerable hardships. The widow of tern of class legislation, which will wreck our Government, disrupt it the officer suffers no more pangs than the widow of the private soldier. into a million of atoms, unless we do away with the causes which en- She did not endure half the hardships during the war that the widow gender it. It is a volcano which Will explode under our feet unless we of the private soldier endured, because the officer received his larger adhere to the principle of doing exact and equal justice to all. We can pay :md sent it home and was able to support her like a lady, while the never do too much for the widow of General Crocker or the widow of wife of the private soldier was living in her hovel, and was working any other soldier who served hi3 country, but we should do the same day in and day out to support her children all the time the wife of the for all. To-day, but for their services, that flag would not be floating ·officer was living in comfort provided by the means her husband got over the Speaker's c~ir. We would not be able to sit here to-night from the Government. To make this distinction is not right as a matunder the shadow of ifbut for the gallant services of the thousands and ter of principle. I do not propose to vote against this bill, but I say tens of thousands of men who served the country just as faithfnlly as that this distinction is not ju.."lt to the widows of the private soldie.rs of General Crocker. the land.

Now, sir, I do not want to say anything but what justice demands. Mr. PERKINS. May I ask the gentleman from Indian.a a question? We should take up all of these cases and relieve them so far as an ex- Mr. JOHNSTON, of Indiana. Certainly. . haustless Treasury and the boundless gratitude of the nation enable us Mr. PERKINS. Did not the Government make a distinction in the to do. Bntforthesemen, and their toils and sufferings, we should have compensation it gave to these men when they were serving their connno Treasury, and nothing to put in it if we had the Treasury. I shall try? vote against the amendment, and if it is adopted I shall probably vote M-r. JOHNSTON, of Indiana. Yes, sir.. for the bill; but yet at the same time I seek to remind this House that Mr. PERKINS. Is not Congress following the same precedent, and there is a storm arising all over the country that will compel you ere doing what the Government did when compensating these men for long to heed it. They say that I am severely criticised for voting alone their services? Is it not preserving the same distinction, recognizing, against pensioning Mrs. Grant; and yet, lli. Chairman,_ I have more perhaps, that their services were more valuable than the services of the than a desk full of letters from all your States commending that vote, private soldier; and that when the wife of one of these officers became because it is consistent with the eternal principle of justice. a widow in consequence of his death, or being stricken down in battle,

If there was but one woman in this position I would give it to her. she suffered a greater pecuniary loss, because of the value of his servIf there were a hundred, I would divide it among them. If there were ices, than did the widow of the private soldier? Is not that the prina thousand, I would divide it among them. But I would not make any ciple and distinction that have been formulated and observed in Con-distinction based on rank and position. gress and observed in legislation?

. Mr. HENDERSON, of Iowa. I desire to say, in connection with this Mr. JOHNSTON, of Indiana. I understand that is true; that that bill, that Iowa does not ask anything for thewidowofGeneralCrocker has been the principle that has been formulated and carried out in that has n~t been given to the widows of other generals. If it is said legislation here. that the mdows of other generals are not receiving enough I will say Mr. PERKINS. I ask the gentleman, is it a wrong principle? amen to the proposition and will help to remedy that as fast as it can Mr. JOHNSTON, of Indiana. Yes, sir; it has beenformulatedhere b.e done. But do not let us throw a block in the way of this proposi- because the brigadier-generals have sat in these seats and the private tl.~m now before the House. There is precedent after precedent where soldiers have not. If the private soldiers had sat here this distinction mdows of brigadier-generals have received $50 per month. This is the would not have been kept up. I was myself in the Army. I carried a

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852 CONGRESSIONAL RECORD-· HOUSE. JANUARY 22,

musket and knapsack for eighteen months. It was my fortune to get a commission afterward. After I got that commission and commanded the men of my company I did not undergo half the hardships that I did while I carried a musket and knapsack by the side of my neighbor boy that I went out with, and I do not think that because I was fortunate enough to get that commission I should be entitled to one cent more pen~ sion than he, because we started upon an equal footing.

Ur. PERKINS. Will the gentleman permit a question? Mr. JOHNSTON, of Indiana. Certainly. Mr. PERKINS. Did you not think at the time that you should re

ceive more compensation thn.n the man who carried the musket and did-you not accept it?

Mr. JOHNSTON, of Indiana. No, sir; I did not believe that I was entitled to any more compensation, but the Government offured it to me, and, just like the rest of you, I took it. [Laughter.]

Mr. ROWELL. I would like to ask the gentleman a question. Mr. JOHNSTON, of Indiana. I will answer it if I can. Mr. ROWELL. Do you think that in all positions of life and in all

kinds of employment the compensation ought to be exactly the same? Mr. JOHNSTON, oflndiana. No, s:IT, Idonotthinkthat; butlthink

that where one man took equal risk with another the compensation ought to be the same. .

Mr. ROWELL. Do you think the pecuniary loss to a wife whose husband could earn hel' eight or ten thousand dollars a year is no greater when be dies than the loss in the case of a. woman whose husband could earn her only $1,000 a year?

Mr. JOHNSTON, of Indiana. You can not measure it in that way. There were a great many brigadier-generals who never earned their wives one-tenth of $1,000 a year; but this is a thing that you can not measure in that way. If you are going to undertake to regulate the pension by what the husband might have done or might have earned you will have a great deal of difficulty in dealing with the subject of pensions. If we undertake to do thn.t we shall have to organize ourselves into a courttotryeachcase by itself. I am talking now about the plain question of principle, and I sn.y it is not right that a man because he happened to be fortunate enough to get a commission should be preferred in the matter of pension. I have seen men command regiments and command brigades when men who were their superiors were in the ranks carrying muskets and knapsacks. It is not a question of ability; it is a question of fortune; it is a question that circumstances have a great deal to do with. While there are thousands of women who deserve pensions, but who have none, it is not right to increase a pension that is already large enough to support the widow. The present pension will do that respectably, much better than $8 a month will support the widow of a private soldier.

Mr. M.ATl:30N. Mr. Chairman, I haYe said perhaps a scorce of times on the floor of this House what I say now, and I hope that this will be the last time, at least during the present Congress, that I shall be ca.lled upon to say it. The pri.J,lciple announced by the gentleman from Wisconsin [Mr. PRICE] is right; it meets my concurrence and it has always done so. I think that the pensions of the widows of general officers ought not to have been increased to $50 a month; but it was begun many years ago. It began by pensioning the widows of general officers who had been killed in battle, and so it went on step by step until the same rate of pension was given to the widows of all general officers.

It is a very difficult thing 1or a committee now, when such a bill iS brought before it, to refuse to allow the pension after such pensions have been allowed so frequently, for they have been allowed in nearly" evro·y case-in every case, I think, where they have been asked. In the same way it is difficult for the House to refuse these pensions. It was wrong in the beginning; I admit that. But it has been so established by precedent that it is almost impossible now to refuse in any particular case without saying to the person asking it, impliedly at least," Your husband's services were not worthy of this mark of recognition. They were not as valuable as the services of other general officers whose widows have had their pensions increased to $50 per month." That is the great difficulty in the way.

Now, as to the other question, if the House will indulge me, I want to ~y this, for I think it will relieve the minds of gentlemen in relation to the distinction between officers and privates. The law under which the volunteer forces are -pensioned was made for the regular Army. There a Teason obtained for the different rates of pension because an officer of the regular Army enters into an engagement for his lifetime. He goes into the Army to remain during good behavior, and he and his widow, perhaps, for that reason alone, are entitled to special consideration over theenlistedmenoftheregular Army who serve only for a definite period of enlistment, three or five years. That was the reason for establishing the distinction with reference to the regular Army; but I have never been able to see any reason why there should be such a distinction between the offi(ers and the enlisted men of the volunt-eer forces; for the reason that they come out of the same community, out of the same walks of life, and return to the same community and stand there together, citizens alike, having entered the service at the same time and left it at the same time. There seems to be no good reason why there should be any distinction between them.

Mr. GIBSON,ofWest Virginia. The more reason, then, for removing the distinction.

Mr. l\IA TSON. Yes. There has been some suggestion in the course of the debate here during the la...<~t two or three days m regard to a general equalization law. That matter has been pressed upon the attention of our committee. We undertook in the last Congress to devise some scheme in the nature of a commission or something of that kind for the purpose of revising the pension laws and making them more equitable, and I apprehend that the same thing will be undel'taken again. We will do the best we can in that direction; but I tmst the members of this House will bearin mind thatitis averydiffi.cultthing to take away a pension that has once been granted. It is a very difficult thing to do that; and, on the other hand, it is a very difficult thing to raise the pensions of all to the highest limit.

This is a broad question; and I have only thrown out these suggestions for the purpose of relieving the minds of members upon some of these points on which I thought I might be able to give some light.

Mr. GIBSON, of West Virginia. :M:r. Chairman, having been a soldier for four years, though on an unfortunate side, I have very little regard for these" tin soldiers." The truth is I have always observed that the reputations of the generals, the colonels, the majors, and the captains were made by the sweat and the sufferings of the private soldier. For this reason I have looked with abhorrence upon a disposition to draw a class distinction, and to give to the officer a pension which after the battle is over would support him in a very different grade of life from the poor fellow who carried the musket and the knapsack and who gained the -victory and gave reputation to his officer.

:Mr. PRICE. And came between the general and danger. Mr. GIBSON, of West Virginia. My judgment in this matter has been

formed from knowledge acquired on the battlefield-and I have no apologies to make for it; acquired on the battlefield-where I had opportunity to observe the difference between the common soldier and the officer, who in many cases stood hundreds of yards in the rear. Now, why incanyingoutagreatand beneficentsystemofpensions in this country should we draw a class distinction, and make an aristocracy of the descendants and the heirs of officers, while we place upon a lower plane the descendants and the heirs ofprivatesoldiers, who were alike volunteers in a great war? There is no other country on the face of the globe that has such a pension law as you are undertaking to establish here. England with her aristocracy, Russia with her autocracy, Germany with her emperor, and France-none of these countries have any such pension law as ta.kes the officers and places them over and above the people whose lives have been sacrificed in defense of their country. We have seen here in this House a family with an annual income of over half a million doUars put upon the pension-list of this Government as the mendicants of the Government, to the disgrace of the Congress .that passed the measure, rather than of those who received its benefits.

Following that up, I ask you what is the theory of pensions? The theory of pensions is to provide support for those who can not support themselves because of what they have suffered in defense of their country. Why, then, do you want to degrade your soldiers, who deserve all the credit· you can give them-the men who without training took your flag, hoisted it above their heads, and nerved by their own patriotism and energy marched to the front of the battle? Why do you want to degrade them as mendic..1.nts of the Government, to strike down that pa.triotism and make these men mere paupers dependent upon your will?

I know that your common soldiers are honorable, courageous men, I know that they are patriots, because I have met them on the battlefield; I am here to st.:'l.nd by them; but I am here to protest in the name of the soldier who has suffered, and who suffers to-day on account of his service in behalf of the country, against degrading the patriotism and courage of the American citizen to the level of a mere dependent upon the bounty of the Government.

Ur. WOLFORD. Before the vote is taken I want to say a few words; and I wish the attention of my friend from Wisconsin [1\Ir. PRICE], as well as everybody else. I propose to address myself to his head, not his heart. I disagree with the doctrine advocated so ably here by distinguished men that rank should make no difference in pensions. A way back in the history of man-God knows when it commenced-when the best men were selected to command, it was thought thllt tbe commander deserved more credit than any private. Those old-fashioned people had not l~med what my distinguished friend has learned. They thought that he who has control of ten thousand lives, and by his skill, his wisdom, his strategy is able to care for and defend the lives of ten thousand men is entitled to more credit than a mere subordinate. This is the way that our forefathers reasoned-the way that wise men have reasoned all through the annals of history. This is the principle on which God Almighty acted, as declared in Holy Writ.

Now, I will put a case to my distinguished friend here. A man who, like General Grant, commanded a hundred thousand men with consummate skill-what did he have to do? Only to take care of General Grant? It has been said-! hope not invidiously-that the officers stood back and the soldiers went in front. I have seen officers go in front-have seen it often. Gentlemen who have not seen this have not associated in the Army with the kind of officers I have known.

When a milit..'U"Y officer is placed in charge of a hundred thousand men, what mind, what genius, what collected courage he mu t have to lead such a command! What responsibility rests upon him! Why,

1886. CONGRESSIONAL RECORD-HOUSE. 853 sir, in ordinary commercial businesg, when you make a man responsible for a million dollars you pay him a higher saJ.ary than if he were responsible for only five dollars. Will any gentleman say that the man who takes charge of a million dollars and is responsible for that amount shottld receive no more compensation than the man who takes charge of five dollars?

Mr. PRICE. Will the gentleman allow me a question ? Mr. WOLFORD. Certainly; that is what I desire. Mr. PRICE. Did we not pay the officers more? Mr. WOLFORD. We did pay them more. I am undertaking to

state the reason why they deserved more pay and why they deserve more pension. Will you tell me, sir, that he who is responsible for a hundred thousand lives should receive no more than a mere private soldier? Look at the question a moment. Sir, it is a great thing to stand upon the battlefield and with your spy-glass in hand, amidst the roar of musketry and artillery, be cool enough to take in the situation and so command as to make most effective the thousands of men who are to be controlled and made available.

Mr. PRICE. Is it more dangerous to stand with a spy-glass in hand than with a musket?

Mr. WOLFORD. I am not talking a.bout danger, but about duty. :Mr. SOWDEN. Will the gentleman permit me to ask him a ques

tion? Mr. WOLFORD. Yes, sir. J.Ir. SOWDEN. What is the difference betwee.n the wife of a great

general who led a. hundred thousand troops and the wife of a. poor private?

Mr. WOLFORD. Well, sir, I will come to the wives of our soldiers directly. [Laughter.] I put it to the candor of the gentleman from Wisconsin [Mr. PRICE], when he talks as he does, whether the man who saved one hundred thousand lives-and what is higher, what is nobler, what is grander than one hundred thousand lives-who saved the honor of one hundred thousand men, is not entitled to more consideration and greater credit than the man wbg only saved one life?

Mr. GIBSON, of West Virginia. Let me ask the gentleman a question.

lli. WOLFORD. Certainly, I will yield for a question, although I wish to get through as quickly as possible. I have a few more things to say, and will say them now while I have the opportunity.

Mr. GIBSON, of West Virginia.. As I understandit, thegentleman yields to me, and I wish, as be had experience as a commanding officer in the war, to ask him if he ever knew of a single case of a captain who made his company; whether, on the contrary, it was not always the company that made the captain?

Mr. WOLFORD. It is like King George's apple dumpling, when be could not tell whether the dough was in the apples or the apples were in the dough. [Laughter.] I say they are all the same. I put it to the candor of every man here, if you saved one hundred thousand lives-! put it to you, sir, if you bad it in your power to save one hundred thousand lives, or the honor of one hundred thousand people~ if you bad it in your power to save the best interests of your country by your skill and courage, have you done no more than the man who bus merely paeked his musket and obeyed your orders? Yon can not say so, because you wouid contradict the experience of men. The gentleman from Wisconsin can not say so, because be would contradict and stultifY his own grea.t reasoning powers.

I am now trying to address your reason. I am making no appeal to sympathy-! scorn your sympathy in such a case as this. I put it upon the ground of service. He that does much shall receive much. So said God Alnughty, and do you wish to reverse that decree?

There is a thing caJled righteousness; all the world desires to be called righteous whether they are so or not. Now, what is righteousness? It is a great number of righteous acts-doing right things and keeping on doing them-having it in your power to do great good. Well, the wisdom of the world long before I was born, and I can not go back on that, the wisdom of the world, sir, before you were born, said he who has done most for his country shall receive most at his country's hands. So it is now, and so it always bas been. It is the unchangeable law.

I ask the gentleman from Wisconsin-you need not accuse me now of trying to appeal to your heart; I am trying to taJk to your brain [laughter]-! ask the gentleman from Wisconsin candidly, can he as an honest man answer this argumentwhieh I have made? Will he get up here and say that a man who bas saved one hundred thousand lives, who has saved all the dearest, the sweetest, the most sacred interests of a hundred thousand people, is entitled to no more credit and no more honor and no more reward than the man who merely saved his own life? No, sir; he can not do it.

A member arose. Mr. WOLFORD. I am not through yet; I wish to go on and talk a.

little further on this matter. Why did the whole nation say, Mr. Chairman, that General Grant was the greatest man in this whole nation ! Not because he was intrinsically the greatest man in the whole country, not because as an individual he was greater than you or any other man, but because the opportunity was presented to him and he embraced it. It was because be saved the lives of many thousands of men-because he led them in the midst of a great civil war, through

strife and carnage, to crowning victory. It is because he won success for his country and made her triumphant in the day of peril. That is the rea.sOn why the whole country said he was the greatest man. That is the reason why the world said he was the greatest general of his time. He who was first in war, first in peace, and first in the hearts of his countrymen, the great Washington, be deserved more credit than anybody else in the Revolution,. because he had the opportunity and he embraced it. He led our armies to victory. That is the fact in history, and you can not change it, try as you will. It is a stubborn fact and you can not get round it.

We have heard some talk here that the officers made the privates, or the privates made the officers. They both belonged to the country and each was necessary to the other, and the glory which was won belonged equally to both, but those who did the most were entitled to the most.

I have been asked by my distinguished friend as to the wives of our soldiers. They were in partnership, the soldiers and their wives. The soldiers went into the Army and fought the battles of the country while their wives remained at home. I believe their interests were in common, and that they are equally entitled to credit. And they should be treated as entitled to equal consideration. Those who were regarded as worthy to be wives of our gallant soldiers should not be degraded-you, sir, should not go back on these widows, on these wives, for I understand you have taken a wife yourself. [Laughter.] Do them justice; that is all I ask at your hands.

I hope you will not go back on your history. I hope that you will not say that these gallant soldiers' widows shall not receive as much of a pension as the other widows of general officers have been allowed to receive heretofore.

And now, Mr. Chairman, another word upon another subject before I take my seat. I shall not make any appeals to the House, but, sir, I want to say a single word and give the reasons why I discuss it now, as I have a right to do in the Committee of the Whole. I want to say a word in behalf of a lady whose pension claim was considered tonight, who did more for her country than any brigadier-general who has been referred to in this discussion. Her pension was not objected to on the ground that she was not meritorious, but because, as I understand it, men were afraid that they would set an example and a precedent in other cases. But, sir, I hope when the vote is taken in the House, after this committee has risen, that you will consider that this lady has given more to her country than any brigadier-general, more on account of mercy to the suffering soldiers, more to save the lives of our wounded soldiers than any of them, and that you will consider when you come to vote on the question in the House the propriety of increasing her pension to $50 a month instead of that recommended by the committee.

The CHAIRMAN. 'l;'be question is on laying the bill aside to be reported favorably to the House.

J.fr. HOLMES. Mr. Chairman, I desire to say a word before the vote is taken upon the passage of this bill.

The name of General Crocker is one that creates enthusiasm and is venerated on every hearth-stone in Iowa. I bad hopes, sir, that this bill would pass without provoking any discussion. I can readily conceive the objection gentlemen urge when theyoppose this bill, and the honest convictions which influence them, because they can see no reason why a larger pension should he given to the widow of a brigadiergeneral than to a private soldier. I think the gentleman from West. Virginia [Mr. GrnsoN]! in the course of his remarks, answered his own objections himself when he stated that it was for support and not service that extra pensions were granted.

In a suit for damages for the death of an individual this widow or family would ask and receive a greater amount in a court of law if his earnings are shown to be large than would be received if his compensation bad been small. That would be the measure of damages, and so it is in cases of this character. These matters are considered in all cases, both in law and equity. The compensation the individual receives and the service he rendered must be taken into account, and it is the service of the man-what he did-which is the basis upon which relief is granted to his family after his death. I take it that that is the reason why all pensions have been graded in all nations of the earth that grant pensions. They are based upon the position held by the party entitled to the pension in the service.

I can readily understand the motives which influence my warmhearted friend from Wisconsin [ 1r. PRICE] in opposing this bill. I do not think, sir, that his opposition rests so much upon the fact that this is a pension for 50 a month to the widow of a brigadier-general as because the pension of the pri>ate soldier is not $50 a month. I agree with him most heartily. Certainly there is no difference in merit between the applicants; and on this question there is no difference between the gentleman and myself.

I know my friend's warm and hearty feelings for the soldiers. I can recollect of no other gentleman now who in the last session of Congresg introduced a bill to pension every worthy soldier in our service, and I may be permitted to say that I know of no one else who made a favorable report other than myself, who made a minority reporb from the committee upon that bill. I cheerfuUy yield, therefore, to the honest motives of my friend in opposing this bill. His heart is big enough to

.

854 CONGRESSIONAL RECORD- HOUSE. JANUARY 22,

take in every soldier in the country, no matter under what circumstances or what or where o-r how the services were rendered.

But, Mr. Chairman, the case of General Crocker is an exception; the case of his widow is different from that of many of the distinguished gentlemen who have received pensions from Congress heretofore or who may receive pensions in this Congress. General Crocker was a man who paid attention to the needs and wants of others more than to his own. Indeed, in his care for others he neglected his own affairs and died poor. He carried the flag of the country through the :fierce flame of battle and planted it on the uppermost heights, and the grand men who stood by him will rejoice to-night and in future days when this Congress shall do his widow and his family this scanty meed of justice. We can afford to make an exception of General Crocker's case-a man who was distinguished in those days of :fire, iron, and blood as among the best and the bravest; and I hope there will be no dissenting Yoice to the passage of this bill.

Mr. GIBSON, of West Virginia. !"would like to ask the gentleman where he would be willing to draw the line?

Mr. HOLlt!ES. With the permission of the Chair I will answer the gentleman from West Virginia by saying that when every soldier, great and small, in this country has received his just deserts, and when their widows and families have l:>een cared for, and none are left destitute, then I will draw the line, and not before.

Mr. GIB ON, of West Virginia. Then you mean to say that you will draw the line when the families of every officer have been faYored over and above the families of the common soldiers of the country?

:M:r. HOLMES. I think I have made myself clear. The CHAIRMAN. The question is, Shall the bill be laid aside to be

reported to t.he House with a favorable recommendation? The que tion was taken; and on a division there were-ayes 41,

noes 3. Mr. GIBSON, of West Virginia. In deference to the request of the

other gentlemen I shall defer calling a quorum on this issue. I do that, I repeat, in deference to other advice, while I feel in my conscience that I am submitting to a WTong upon my constituents and upon the people of this country.

So (no further count being demanded) the bill was laid aside to be reported to the House with the recommendation that it do pass.

ORDER OF BUSTh~SS.

Ur. MA.TSON. I move that the committee rise. The motion was agreed to. The committee accordingly rose; and Mr. :M:cM:ILLAN having taken

the chair as Speaker pro tempore, :M:r. HATCH reported that the Committee of the Whole House, having had under consideration the Private Calendar under the special order of the Honse, had directed him to report sundry bills with various recommendations.

BILLS PASSED.

Bills of the following titles, reported from the Committee of the Whole Rouse without amendment, were severally ordered to be engrossed and read a third time; and being engrossed, they were accordingly read the third time, and passed, two-thirds voting in favor thereof:

A. bill (R. R. 3827) to remove the political disabilities of Thomas L. Rosser, ofVirginia;

A bill (H. R. 3846) to remove the disabilities of Alexander P. Stewart, of La. Fayette County, Mississippi; and

A bill (H. R. 4409) to remove the disabilities of Edward G. W. Butler, of ~fissouri.

Bills of the following titles, reported without amendment, were sever:ally ordered to be engrossed and read a third time; and being engro d, they were accordingly read the third time, and passed;

A. bill ~H. R. 551) granting a pension to Rhoda Dane; A bill H. R. 1475) granting a pension to Margaret Flaherty; A bill H. R. 646) granting a pension to Thomas M. Commuck; A bill H. R. 16) granting a pension to Mrs. Nancy L. Ribble; A bill H. R. 758) granting a pension to .Alexander Harper; A bill!H. R. 802) granting a pension to A.ugust Schindler; A bill H. R. 4410) for the relief of John C. Clark; A bill H. R. 702) granting a pension to Dr. J. F. Bruner; A bill H. R. 602) granting a pension to Mrs . .Anna D. W. Eichman; A bill (H. R. 634) granting a pension to John Defenbaugh; and A. bill (H. R. 650) granting an increase of pension to Charlotte D.

(,"rocker. · Bills of the following titles were reported from the Committee of the

Whole House with amendments, the amendments were agreed to, and the bills as amended were ordered to be engrossed and read a third time; and being engrossed, they were accordingly read the third time, and passed:

.A. bill (H. R. 698) granting a pension to Philip D. Campbell; A bill (H. R. 1468) increasing the pension of John P. Davis; A bill (H. R. 414) granting a pension to Daniel B. Clark; and A. bill (H. R. 693) granting a pension to William B. Keith. The title was changed so as to read" to restore to the pension-roll the

name of William B. Keith." The bill(H. R. 700) grantinga pension to Mrs. M.A. Bickerdyke was

reported from the Committee of the Whole House with an amendment.

The amendment was read, as follows: Strike out $;)() per month and insert ;;5 per month.. Mr. WOLFORD. I desire to have a vote on that amendmeD.t. Mr. GIBSON, ofWestVirginia. The report ofthe committee, I un

derstand, is 25 per month. The SPEAKER p1·o tempore. The committee recommend an amend·

ment striking out 50 and inserting 25. The question is on the amendment.

The amendment was. agreed to-ayes 27, noes 12. The bill as amended was ordered to be engrossed and read a third

time; and being engrossed, it was accordingly read the third time, and pa ed.

RECOXSIDERA.TIOX.

Mr. MATSON. I move to reconsider the se-.eral votes by which bills have been pas ed; and also move that the motion to reconsider-be laid on the table.

The latter motion was agreed to. Mr. MATSON. I move that the House do now adjourn. The motion was agreed to; and accordingly (at 9 o'clock and 45 min

utes p. m.) the House a-djourned until Monday next.

PETITIONS, ETC.

The following petitions and papers were laid on the Clerk's desk, under the rule, and referred as follows: .

By Mr. BAYNE: Resolutions of Union Lodge, No. 86, of .A.. 0. U. W., of Pennsylvania; of Ottawa Tribe, No. 64, I. 0. ofR. M., of Pittsburgh, Pa., and ofCamp No.4, Sons of Veterans, of Pittsburgh, Pa., infavor of giving title to a portion of the public domain to the surviving officers, soldiers, sailors, and marines of the late war for the Union, or to their widows and children, and to pay tke difference between the value of paper money and gold at the several times of payment-to the Committee on Invalid Pensions.

.Also, memorial of:Manl & Grote and others, of Pittsburgh, Pa., aski.Qg an increase of duty on a certain kind of tobacco leaf, &c.-to the Committee on Ways and Means.

By :Mr. BELMONT: Petition ofproducemerchantsofNew York, in favor of the appointment of a fishery commission-to the Committee on Foreign Affairs.

By Mr. BINGHAM:: Resolutions of the Presbyterian Ministerial .Association of Philadelphia, Pa., asking for the passage of bills looking to the prevention of the use of the mails for the distribution of newspape:rs and oth~r publications containing l-ottery advertisements-to the Committee on the Post-Office and Post-Roads.

By Mr. C. ll. BRECKINRIDGE: Petition of B. C. Cobb, for reliefto the Committee on War Claims.

By Mr. COLE: Memorial of clerks in the Baltimore post-office, relative to the classification of clerks-to the Committee on the Post-Office and Post-Roads.

By Mr. CURTIN: Papers relating to claim of J. H. Merrill-to the Committee on Claims.

By ~fr. FLEEGER: Petition ofEliza J. Ray, ofl\Ieadville, Pa., for passage of an act granting authority to the Secretary of the Treasury to issue duplicate Spanish indemnity certificate in' lieu of one lost-to the Committee on Ways and Means.

By Mr. HA.RRIS: Papers in the case of James W. Hightower, of Columbus, Ga.-to the Committee on War Claim .

By Mr. HEWITI': ResolutionsofthecommissionersofpilotsofNew York, in favor of an appropriation for the improvement of Buttermilk Channel-to the Committee on Rivers and Harbors.

.Also, petition of George W. Farnam, of New York, for a pensionto the Committee on Invalid Pensions.

By Mr. HILL: Papers relating to the claim of Abram G. Hoyt-to the Committee on War Claims.

By :Mr. HOUK: Papers relating to the claim of James W. Harrey, a · gnee of Joseph Parkins-to the Committee on Claims.

By 1\Ir. J. T. JONES: Papers relating to the claim of William F. Martin, of Mobile, Ala.-to the same committee.

.Also, papers relatingtothe claim of the Deposits Saving Association of Mobile, .A.la.-to the same committee.

By Mr. LAFFOON: Papers relating to the claim of Jo eph Adamsto the Committee on War Claims.

By ~Ir. LYMAN: Paper relating to the .claim of F. W. Haldeman, H. R. 658-to the same committee.

By MJ-. MAYBURY: PetitionofH. P. Baldwin&Co. and many others, for the improvement of the Rouge River near Detroit, llich.-to the Committee on Rivers and Harbors.

By Ur. M:cKE~NNA.: Resolutions of the Board of Trade, Sacramento, Cal, for the improvement of the Sacramento River and tributaries-to the same committee.

By ~Ir. M:OFF A.TT: Petitions of citizens of .Michigan; of Massachusetts and New York; of Calumet, ~fich.; of Lake Linden; of Houghton; ofHancock; ofDetroit; of Saint,Clair; of .Marquette; of.A.shlan?-, Mich.; of Clayton; of Buffalo; of New York city; and of Alexandria. Bay, N. Y.; of merchants and citizens of Cleveland, Ohio; of the Commercial Exchange of Philadelphia, Pa.; and memorials of Board of

1886. CONGRESSIONAL RECORD-. SENATE. 855 Trade of Erie, Pa.; of Commercial Exchange of Philadelphia, Pa.; of the Chamber of Commerce of Milwaukee, Wis.; and resolutions ofthe Legislatures of Minnesota; ofWisconsin; of Illinois; of Michigan; of the Chamber of Commerce of Minneapolis, Minn.; of the Board of Trnde of Chicago; of board of managers of New York Produce Exchange; of Board of Trade of Duluth, Minn.; of citizens of Waterbury, Conn.; of Genesee, N.Y.; oflllilwaukee, Wis.; an<}. of Duluth, Minn., asking t::p.at the United States acquire title to the two canals connecting Portage Lake, !lichigan, with Lake Superior-to the same committee.

By l\Ir. MURPHY: Petition of citizens of Iowa, asking that all imitations of butter and cheese be labeled with a United States stamp imposing a tax of :five cents per pound~to the Committee on Ways and Means.

By Mr. CIIARLES O'NEILL: Memorial of many persons engaged in this country in themanufactureandsale of macaroni, vermicelli, and like products, asking that those articles be taken from the free-list and a duty imposed on the same-to the same committee.

By Mr. T. B. REED: Petition of citizens of Cleveland, Ohio, against the renewal of :fishery treaty with Great Britain- to the Committee on Foreign Affairs.

By !Ir. SENEY: Memorial of A. E. Dickenson and others, about woman suffrage in Utah-to the Committee on the Judiciary.

By Mr. SYMES: Petition of Assembly of Knights of Labor, for free sil;er coinage-to the Committee on Coinage, Weights, and Measures.

By Mr. W AI.T : Petition of Charles Young, for relief-to the Committee on Claims.

By !Ir. T. B. W A.RD ; Petition of citizens of Hamilton County, Indiana, asking that soldiers and sailors of the United States Army and Navy be pensioned-to the Committee on Invalid Pensions.

By 1\Ir. A. J. WARNER·: Petition and papers relating to the claim of Battelle and Evans-to the Committee on War Claims.. ·

Also, papers in the case of Francis Hammond-to the Committee on Claims ..

By lli. WHEELER: Petition of re-enlisted veterans of the Union Army and Mexican war-to the Committee on Pensions.

By ~Ir. WISE: Resolution of District Assembly No. 84, Knights of Labor, Richmond, Va., in reference to international copyright-to the Committee on Patents.

The following petitions, praying Congress to place the coinage of silver upon an equality with gold; that there be issued coin certificates of one, two, and :five dollars, the same being made legal tender; that one and two dollar legal-tendernotes be :issued, and that the public debt be paid as rapidly as possible by applying for this purpose t he idle surplus now in the Treasury, were presented and severally refened to the Committee on Coinage, Weights, and Measures:

By Mr. BLAND: Of citizens of Utah. By Mr. TOWNSHEND: Of citizens of J e:tferson and Franklin Coun

ties, lllinois.

SENATE. MONDAY, Januat·y 25, 1886.

Prayer by the Chaplain, Rev. E. D. HuNTI.EY, D. D. The Journal of the proceedings of Thursday last was read and ap

proved. S~ ATOR FROM MISSISSIPPI.

Mr. GEORGE presented the credentials of Enw ABD C. WALTHALL, chosen by the Legislature of Mississippi a Senator from that State to :fill the vacancy caused by the resignation of Lucius Q. C. Lamar in the term ending March 3, 1889. -

The credentials were read. Mr. GEORGE. I ask that the oath of office be administered to the

Senator-elect. The PRESIDENT pro tempore. The Senaim-elect from Mississippi

will please come forward and take the oath of office. ~Ir. WALTHALL advanced to the desk of the President pro tempore,

escorted by Mr. GEORGE, and, the oath of office having been administered to him, he took his seat in the Senate.

EXECUTIVE COJ!nfUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Treasury, transmitting, in compliance with a resolution of the 19th instant, certain information in relation to the amount of United States bonds called for payment February 1, 1886, held by national banks; which, on motion of ~Ir. INGALLS, was referred to the Committee on Finance, and ordered to be printed.

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of War, transmitting, in compliance with the act of July 5, 1884, a report of the Quartermaster-General as to purchases of supplies made by his department d,uring the :fiscal year ending June 30, 1885; which was read.

The PRESIDENT pro tempore. The communication is accompanied

with a large mass of papers, which are in the Secretary's offi.ce. What shall be done with the communication?

Mr. INGALLS. I move the reference of the communication, with the accompanying papers, to the Committee on lllilitary Affairs, that they may decide whether they shall be printed or not.

The PRESIDENT pro tempore. If there be no objection that reference will be made.

Mr. COCKRELL. I should like to ask the Senator from Iowa [Mr.~ .ALLISON] if the requirement of the act of July 5, 1884, was not at the. instance of the Committee on Appropriations? I was thinking that probably the communication had better go to the Committee on Appro-' priations, and they can determine whether the accompanying papers ought to be printed or not.

lli. INGALLS. Either reference will be satisfactory to me, sir. The PRESIDENT pro tempore. Does the Senator from Missouri

move that reference? Mr. COCKRELL. I move that the papers 'be referred to the Com

mittee on Appropriations. Mr. ALLISON. I do not think this information was called for by

the Committee on Appropriations. Mr. COCKRELL. It is sent in accordance with a provision in an

app1·opriation act. The PRESIDENT pro tempore. It is an annual report, made in pur

suance oflaw. lli. ALLISON. It should go to the Committee on Appropriations,

then. I remember the provision was made in the last Congress. The PRESIDENT pro tempore. That reference will be made, if there

be no objection. The PRESIDENT pro tempore laid before the Senate a communication

from the Secretary of War, transmitting, in compliance with section 229 of the Revised Statutes, a statement of the contracts made by the War Department and its bureaus for the :fiscal year ending June 30, 1885; which was ordered to be printed, and, with the accompanying papers, referred to the Committee on Military Affairs.

He also laid before the Senate a communication from the Secretary of War, transmitting the report of the board on fortifications or other defenses, organized under a provision of the act of March 3, 1885; which was ordered to be printed, and, with the accompanying papers, on motion of Mr. CAMEROY, referred to the Committee on Coast Defenses.

He also laid before the Senate a communication from the Secretary of War, transmitting, in compliance with section 191 of the Revised Statutes, an annual report of clerks employed in the War Department; which was ordered to be printed, and, with the accompanying papers, referred to the Committee on Appropriations.

He also laid before the Senate a communication from the Secretary of the Interior, recommending an increase of the force in the office of the Commissioner of Railroads; which was ordered to be printed, and, with the accompanying papers, referred to the Committee on Appropriations.

PETITIO:NS AND 1\IEMORIALS. The PRESIDENT pro ternpore prese~ted the petition of George Harlan

Post, No. 139, GrandArmyoftheRepublic, Department.ofOhio, praying the allowance to each soldier of the late war of a portion of the public domain; which was refened to the Committee on Public Lands.

Mr. CAMERON pres(mted amemorialofJ. Monroe Kreiter, jr., pres· ident, and other officers and members of Typographical Union No. 14, of Harrisburg, Pa., protesting against the passage of the so-called "in· ternational copyright bill'' on the ground that it will work great injustice to their trade; which was referred to the Committee on Patents.

He also presented the petition of Caroline Sees, of Harrisburg, Pa., widow of Maj . Oliver W. Sees, late chief of transportation and telegraphing department on the staff of l\Iaj. Gen. D. N. Couch, commanding Department of the Susquehanna, praying to be allowed a pension; which was referred to the Committee on Pensions.

He also presented the petition of Col. John B. Clark Post, No. 162, Grand Army of the Republic, of Alleghany City, Pa.; the petition of Maj . A. !f. Harper Post, No. 181, Grand Army of the ~epublic; the petition ofLieut. James M. Lysle Camp, No.2, SonsofVeterans, West Pennsylvania Division United States Army, of Allegheny City, Pa.; the petition of the Ottawa Tribe, No. 64, Independent Order of Red ~fen, of Pittsburgh, Pa.; the petition of the Union Lodge, No. 86, Ancient Order of United Workingmen of Pennsylvania, and the petition of Col. Henry B. Hays Camp, No. 4, Sons of Veterans, United States Army, of Pittsburgh, Pa., praying Congress to provide by proper legislation for giving to the surviving officers, soldiers, sailors, and marines of the late wa:~;forthe Union, or to their widows and children, a title to a portion of the public domain, as was done to the soldiers of other wars, and also to the said officers, soldiers, sailors, and marines the difference of value between the paper money paid them as pay and bounty and gold money at the several times of payment ; which were referred to the Committee on Public Lands.

Ur. PL U~IB. I present the petition of a large number of citizens of Kansas, setting forth at length the necessity for the opening of the In~ dian Territory to settlement, the allotment of lands to the Indians in severalty, and the appropriation of the remainder for the uses of actual

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