they have arrived, individually and collectively, at the conclusion that these claims do not constitute, upon the principles of international law applicable to such cases, good foundation for an award of compensation, or computation of damages between nations, and should, upon such principles, be wholly excluded from the consideration of the tribunal in making its award, even if there were no disagreement between the two governments as to the competency of the tribunal to decide thereon." 1 After this solemn decision, how can it be affirmed that any part of the indemnity belongs to the nation as the payment of national damages? They were "wholly excluded from the consideration of the tribunal in making its award." So they must be from our consideration in distributing the indemnity. In order to learn precisely what was excluded by the above judgment, I read the following from the order of the President of the United States to the agent, which was read to the tribunal and made a part of its proceedings: "The declaration made by the tribunal, individually and collectively, respecting the claims presented by the United States for the award of the tribunal, for, first, the losses in the transfer of the American commercial marine to the British flag; second, the enhanced payment of insurance; and, third, the prolongation of the war, and the addition of a large sum to the cost of the war and the suppression of the rebellion, is accepted by the President of the United States as determinative of their judgment upon the important question of public law involved. The agent of the United States is authorized to say that, consequently, the above-mentioned claims will not be further insisted upon before the tribunal by the United States, and may be excluded from all consideration in any award that may be made." 2 This specific statement by our government would be conclusive and binding upon us, even if the judgment of the tribunal were not. There remained still two grounds of controversy: first, the direct losses growing out of the destruction by the cruisers of the vessels which the tribunal should adjudge "inculpated"; and, secondly, the expenses incurred by the United States in the pursuit of these cruisers. In reference to this second class the judgment of the tribunal is in the following language: "Whereas, so far as relates to the particulars of the indemnity claimed by the United States, the costs of pursuit of the Confederate cruisers are not, in the judgment of the tribunal, properly distinguishable from the 1 Executive Documents, 1872-73, Geneva Arbitration, Vol. IV. p. 20. general expenses of the war carried on by the United States; the tribunal is therefore of opinion, by a majority of three to two voices, that there is no ground for awarding to the United States any sum by way of indemnity under this head.”1 Thus was excluded the only remaining form of national claims; and we have the authority of the tribunal for declaring that no part of the $15,500,000 was allowed for any form of national claims. There then remained only the losses to American citizens by the depredations of the inculpated cruisers within the time for which the tribunal found that Great Britain was responsible. Now, with such limitations fixed by the tribunal and acknowledged by the United States, an estimate was made of the amount of damages to private citizens, and the award was made in a gross sum, for two reasons: first, that the United States might have it immediately to distribute to the people who were entitled to it; and, secondly, that England should not be required to dribble it out in small payments, but might discharge herself of all further obligation by a single payment. After this came the final result of fifteen and a half millions of gold paid into our hands under the award for specific damages described in the judgment of the tribunal. In view of the facts I have stated, it seems to me that we cannot, without the greatest national dishonor, use one dollar of this money for any other purposes than those declared in the award itself. When we have distributed the indemnity in strict accordance with the finding of the tribunal, if there be left a surplus of one million or five million, national honor demands that we return that surplus to Great Britain. I should consider it a proud honor for the American Congress to vote to send it back to Great Britain, with this message: "When we examined more carefully the items of loss, we found they were not so great as we had supposed. The difference is yours, not ours, and we return it." Let us not put our nation in the shameful position of driving a sharp bargain to get a large sum on behalf of our citizens, and then put the difference into our treasury, or vote it away to parties to whom it was not awarded. I shall vote against the bill of the majority, against the bill of my colleague,2 and in favor of the bill of the gentleman from Kentucky.3 1 Executive Documents, 1872-73, Geneva Arbitration, Vol. IV. p. 53. PHASES OF THE SILVER QUESTION. REMARKS MADE IN THE HOUSE OF REPRESENTATIVES ON VARIOUS OCCASIONS. ON the 27th of March, 1876, " A Bill to provide for a Deficiency in the Printing and Engraving Bureau in the Treasury Department, and for the Issue of Silver Coin of the United States in place of Fractional Currency," was considered in the House of Representatives. The second section, which related to silver, was as follows: "That the Secretary of the Treasury is hereby directed to issue silver coins of the United States of the denomination of ten, twenty, twentyfive, and fifty cents, of standard value, in redemption of an equal amount of fractional currency, whether the same be now in the Treasury awaiting redemption, or wherever it may be presented for redemption; and the Secretary of the Treasury may, under regulations of the Treasury Department, provide for such redemption and issue by substitution at the regular Subtreasuries and public depositories of the United States, until the whole amount of fractional currency outstanding shall be redeemed." The appropriation was made, and the above section, with a single verbal change, passed both houses and became law. Mr. Garfield made the following remarks: — R. CHAIRMAN,- I desire to say at the outset that there are but two points for this House to determine in order to decide whether they will pass or reject this bill. The first is its relation to economy in expenditure. We are confronted by the fact that the appropriation for printing the fractional currency has run out, and we are now called upon to appropriate $418,000 to keep up the work for the remainder of the fiscal year. The Committee on Appropriations find, if we issue the silver that we have on hand, and proceed to substitute silver for paper fractional currency as far and as fast as we can, that we shall need but $163,000 to eke out the supply of the paper fractional currency while the substitution is taking place. If we do not, if the silver portion of this bill is rejected, we must appropriate just $255,000 more than that amount. We must take it in hand at once, and determine whether we will turn back from the silver policy of the government and at once appropriate a quarter of a million more to print paper scrip, or go on with silver resumption and save immediately by this bill that sum of money. The other point is the relation of this bill to the general question of the resumption of specie payments. These are the two principles involved. But before I come directly to the merits of the two points, I wish to call attention for a few moments to some of the criticisms that have been made. First, to my great amazement, is the charge made by the gentleman from Pennsylvania,1 that the Director of the Mint had done a disgraceful thing, which ought to make the cheek of any man redden with shame, because he had put into his annual report a statement of the condition of the great silver mine of this country. I will quote the language of the gentleman, so that I may do him no injustice: "The report of the Director of the Mint is little more than an advertisement of old Townsend's genuine sarsaparilla. It is a pamphlet moulded upon the advertising pamphlets of that physician whose sands of life are nearly run. Pages of it are covered with evidence of the increasing value of the stock of the mines on the Comstock lode, and its bulk is swollen so that it is inconvenient for carriage by the insertion of maps of mines and their machinery, intended to demonstrate the truth of his advice to the people that if they want to buy stock in the Comstock mines, they had better do it at once.' I will say in response to that, what my friend from Pennsylvania ought to have known, that we have for years annually appropriated $10,000 to $15,000 to secure statistics of the precious metals, and nearly two years ago that particular work was placed under the control of the Director of the Mint by the Secretary of the Treasury. He was but obeying the laws of the United States and the order of his superiors when he made the report of which the gentleman complains. But, sir, who ever before heard a statesman finding fault because his government, or the officers of it, were doing what they could to ascertain the facts concerning the greatest silver mine this world has ever known? Who else but a man that had a scheme to further, or a special policy to carry out, which policy came into collision 1 Mr. Kelley. 2 Congressional Record, March 16, 1876, p. 1769. with so great a fact as this great silver mine, would have found fault because the government was ascertaining its character. Why, sir, I hold in my hand copies of official letters from the French government in which the great finance minister, Léon Say, details an officer to be sent over to the United States with instructions to go in person and examine these silver mines and make a report that will show what this great American silver product is, and what its effect is likely to be upon the money of the world. Shall we, then, in the American Congress, attack our own government for taking such means at a less expense to ascertain our own silver product? I will print these papers as a part of my remarks.1 "PARIS, February 1, 1876. "SIR, In conformity with instructions that have been transmitted to me by the Minister of Finance, and of which you are cognizant, I beg to request you to transmit to me reports upon everything appertaining to the monetary questions and circulations in the United States, and more particularly upon the production of mines. The following are the principal points to which for the present I call your attention : "First. Monetary question in the United States. Ways and means proposed to prepare the resumption of specie payments within the fixed period of three years. Statistics of the national banks and other financial establishments. Amount of the issue of greenbacks and other paper moneys. "Second. Organization and administration of the United States Mint. Statistics of the coinage. Circulation of gold and silver coin, and what is the special importance of the coinage of the trade dollar, and its use. "Third. Production of gold, silver, and quicksilver in the Pacific States, and more particularly in California and Nevada. "Fourth. To point out the leading silver mines now being worked on the great Comstock lode in Nevada, and the importance of the auriferous lands and grants of California. "Fifth. Valuation of the production, domestic consumption, and exportation of precious metals. "I shall avail myself of the opportunity of asking you for such other information as will complete the points above indicated. "Accept, sir, the assurance of my sentiments of high consideration. "L. RUAN, Director of the Mint. "COLONEL JULES BERTON." I come now, Mr. Chairman, to notice some criticisms on this bill by the gentleman from New York. When he first 1 Only the principal letter is here given; the other two are merely formal. 2 Mr. Hewitt. |