Oregon City enterprise. (Oregon City, Or.) 1871-188?, September 05, 1878, SUPPLEMENT TO THE ENTERPRISE, Image 6

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    tion for that which they asked the public to
do for their relief.
"It was proposed, therefore, tbat everything
else should be conceded to them, and white no
body desired to throw a straw in the way of the
successful prosecution and final completion of
(his great highway acroxs the continent, it was
nevertheless thought by the com rail tee to b no
more than a verv" reasonable thing to ak that
i ney should expend a portion of their capital in
the construction of two short portages wnich
would enable other navigation companies to put
i iion the Columbia river other steamboats for
the purpose of establishing competing lines of
transportation ciween i-oriianu ana toe uau
of navigation. The reasonableness of this de
mand whs conceded by the company, and the
point In dispute was a to t he question of time,
vl 1 they asked was that they should not be lim
ited in point of time in respect to the construc
tion of these two portages in such a way substan
lially and materially to interfere with the pro
gress of their work in the t elected place wcere It
would be most profitable for them to push it.
Momeof the commute-were for a shorter time,
others were willing to grant a longer time. The
times as now fixed in this reported bill were the
limes fixed by the railroad company Itself. This
is their proposition: this Is their offer: thl-4 is
what they say they are willing and able to do,
acid what they propose and consul to do as a
consideration by them for that which they have
asked from the public.
"I understand the objection to tie that this is
oppressive upon the company; tha. it Is a hard
ship upon the company: that it limits them so
In point of time as that they will not be able to
OT.mnlT with the conditions. Who Is au'borized
to sprtak for the company in that behaM? Who
knows what the company is able to do? Who
.an undertake to say that this is more than they
win he able to perform? I suppose that, the
President of the corporation and the Directors of
ma (MruontllOD. llio.e who ure luimcnim iu lis
Hicer and those who will be required tofurtish
the means, ar netter n pa. ior tb uiau
auvoueee It is a question for them to answer;
It, is a question directly between Cougress and
..... iro irailon. It cert unlyJs immaterial in
this discussion to say thit we neither kuow nor
care what the ompany clioooe.or are willing, or
lira able t' do. Tor the very poiui i i.ue oo wuun
. .v.af tiim ii u. hinlsMu upon the company. If
n. comimny says it is not a hardship, if it says
.hot it nn undertake and will undertake and
.... tit iio this th D certainly every
coriM.le-at:on of public convenience and public
policy not on ly aut not izes but require us to take
It at it word, forth sooner that navigation is
.. i tv-u uii.l rnen to coinoetition the b -tter It
, ..V.r-v.rv .nin.wiiraaiauJ child throughout
the whole continent, for It benefits the eutire
n.. If It could be opened to-morrow, it
....... t. u. p-re nt ouM'c advantage.
..i mi. therefore, that we ought not la the
interest of the company to make an objection
whlci the company does uot make or lis owu,
and that the arrangements which are contained
o. ii, u bill and which were the result oi con
r..rii.-e between the committee and the com
nur.v. ought tint to be disturbed, inasmuch as in
lira pellicular at least it is what the compauy
jm4 offered aud agreed to do; and certainly we
ought out of consideration to the public interest,
... Lac ihU thins- done in the speediest manner
lu which we can reasonably and practically ob
tain It." . -.,..'.. f
And, fellow citizenB, it is a fact thut bo far
r.f the nrincinal stockholders of the N.
K. H. Co., are concerned, many of whom I know
in the cities of Philadelphia, Pittsburg and other
ulaces, aud I say it to their credit, wero in favor
r. . . . . i J . K
of sucn provisions & wuum upu "
MONOPOLY OF THE COLUMBIA &IVKR,
But the trouble is bete. There were certain man
liters of the N. P. R. B. that were opposed to it
I have no doubt of that, but the greatest opposi
t;..n mine from the O. S. X. Co., and it is a fact
L-,,,.n to me that when .ae or two of the friend
nf the O. 5. X. Co., in 7 St Senate, arose in thei
..lMi-ea and asked for a louder time, for four or fire
years, for the constructs of the road around the
Cascades and the Dalles, that the President of the
V P. It. It. Co., himself, Mr. Wright, objected
utrenoiulv in the iobbv of the Senate, aud said
that this proceeding was without his consent, that
the company nan agreea to tne diu as reportea
.n 1 that it was the (J. &. A. Co. which was male
iikt this opposition, and I see a lare stockholde
nAhe X. P. R. Co. in the audience now who
knows that every one of these assertions ara trne,
I refer to Mr. Montgomery. (Mr Montgomery
arose in the audience and said, " What the Sena
tor says is entirely true in that respect. I was
present and heard it). Xot only so but the Ore
guman said at first that it was the bill the com
pany wanted, and that they had subjugated
Mitchell; that I had been compelled to concede
everything to them; but a few of the land-grabbers
1 don't refer to the stockholders generally of
the company because I believe the great ma
jority of them are honorable men, hut there are a
few land grabbers, and they, in connection with
the O. S. X. Co., are the ones who have been
otwtnjctin? the bills. But it was heralded all over
the State afterwards that this bill was not accept
able to the company; that nobody was in favor
of it but Mitchell; that Grover and Williams
were both against it; that it was the defeat of all
legislation on the subject. 1 have showu you
that mv colleague
MR. GR0VKK WAS NOT OPPOSED TO IT,
By his having voted lor it. Now I will show that
uiy colleague, Mr. Williams approved it after it
had passed the Seuate, In the most unquali
fied terms. Representative Williams made a
speech in the House ot representatives. It was
ala night ses-tion. and the bill was not up particular!-for
discussion, but according to the rules
of the House, they could discuss any measure
they ple;ed,aud Mr. Williams and Judge Ja
cobs, ot W. T., made speeches in which they as
hented, as I said, in tbe most unqualified terms
to the bill. That was the night of the day after
the bill bad passed the Senate, and bad gone to
the House ot Representatives aud was on their
table. Now I want to show you what Mr. Wil
liams said, and what he very properly said
I think on that occasion Mr. Williams was
speaking generally in favor of the House bill for
she extension of time to the X. P. K. K. Co., and
stnongotber things, he used the following lan
Kiiiigo :
"The Senate bill, which was this day laid on
our table, contains, substantially, all of the pro
visions ol the bill which I am now discussing
with many Important additional provisions,
in which I concur, and I doubt not they will,
when the bill is reacned. be incorporated into
the bid and will receive the assent of the com
rnitiee and the House, as I understand they
have of the company."
Sow then the Oregon delegation although they
were wide apart at first, came together on the
bill, and it was fiualiy passed the Senate as I have
shown you from the record with the apporval of
all and as no man will ever deny. Xow. then . a
few words on what the bill is as passed by the
Senate Have you exumined it, do you citizens of
Portland, property holders here, interested in the
welfare aud prosperity of this city, understand it ?
s nave you esamineu it r DO tne
I PEOPLE OF EASTERN OREGON
Who are lock-bound to-day, understand it.
Do the people of this whole State under
stand it? If they do what is there wrong
about it, that is w hat I want to know. Will
the Oregoniau to-morrow morning tell its
readers what there is in that bill from end to
ena that is not in the true interest of tbe peo
Pie or this State, what there is in that bill
. beginning to end that the X'orthern
r-acinc Uiiiroad Co. has any right to take ex
"epuou tor i hat there is In that bill from
na to end that will tend to nmhurn. ih.
vwinern raoiuc liailroad Co. in obtaining
..UQS WltU Which to bllil.I thoir rrarl Tr
ves tneui an extension of tim for tan
ars. 1 hat is rizht. I am In fvr nf it an
iways nave oeen. And I am their friend to
..vuUuSu iuv ueen reviled by some
;i iu uieu connected with the company,
pimply because I insisted on conditions in
our interest. And 1 will during the re-
"J l"a ngut their battles in
7... r "?.T, ",e . Unitl States
I J t . uo " 1 k them
jou imi you in opposition to the inter
sta of tbe people of the State which
la part tepreseut. I will suffer my right arm to
leiaMmoa at lis socket bctore I will do that
ju.u. ii. Kites tnem an extension of ten years
M'bat else? Why, it says that within
tionths of the passage of the Act they shall com
tience work on the Columbia river, at or
the mouth Of Snake river unrl knil.l f .-
V - iwiir miles
tch year thereafter ; and one hundred miles In
all each vear. What else? Why it provides
that they shall within two year from the pas
sage of the Act. build on the line of their road,
not off the line of their road, because the exten
sion is down the Colombia river, on tbe south
side to the city of Portland, and thence Puget
Sound; it provides that they shall wltnin two
year from the passage of the Act, construct and
equip around the Cascades of the Columbia that
portion of their road, not of some other com
pany s road, in the same line as tne line oi tne
P. R. R. itself, and a part of the line, and in
two years and a half fiom the date of the pas
sage of tbe bill that they shall
CONSTRUCT AND KQUIP A BOA.D
On their line around the Dalles of the Columbia
It provides that after they shall have constructed
these portage roads that they shall receive from all
the boats or tne ooiumma nver uy wDomwer
owned or run, all freight and passengers up and I
down at reasonable rates and without unjust dis
crimination. Is there anything wrong about thatf
(Applause.) Will the people of the city of Port
land or of the State of Oregon object to that ?
Did vou ever consider for a moment the tribute
that is being levied to-day upon the commerce oi
the Pacific Xorthwest by the O. S. X. Co. ? I
took the time and the pains last winter to exam
ine the rates ot transportation on neany every
water line ot this broad continent and to compare
the charges on all those lines with the charges for
transpoatrtiou on the Columbia river, and what is
the conclusion ? Why, it is this that the O. S. N.
Co. to-day charge on up river freight, from ten to
twenty times owing to the character oi the ireignt,
more for the transportation of freight on the Co
lumbia river than is charged on any other water
line of transportation on this continent. (Ap
plause.) They have a good thing, I do not blame
them for holding on to it. They came here at an
early day and had the foresight to see in the dis
tant future tne great adrantage tnat wouia result
to them by taking advantage of those passes
through the Cascade mountains. But the interest
of the people demand a new order of things a
free Columbia. And I want to say right here that
I have no personal hostility to that company, nor
to any member of that company, ana l wouia
DO THEM A FAVOB
As readllv as any one else In the city of Port
land or the State of Oregon, provided that by do
inpr them a favor I would not be actinic against
what I conceived to be the true interests of the
t ate of Oregon. (Annlause.) The O S. N. Co.,
have reason to know this, as wlthlnthe last year
or so. as a gentleman representing the P.O. de
partment, ana now on mis piauunu iiu,
through my Influence in the P. O. department, I
Hiiccheiieri in trettltie them thousands of doll ark
rmm the Government, and why? because I be
lieved they were entitled to it. They had been
fined for not stopping at all the post olflces be
tween here and Astoria, which was a phvsisal
impossibility for them to do. without putting on
mnrn hna-a. and thev were finid and their pay
was keot bck amounting to thousands of dollars.
and through an extra effort, secured payment to
the O. S. N, Co., of thousands of dollars I forget
the amount, 7. 8, 10 or. la. l aon't rememoer now
how much, but several thousand dollars, and
which they never would receive without my ef
forts. I have o personal hostility to them, but
I believed It my duty to the people of this Mtate,
who, tbrougn tne ijeiristature, empiny uio s
theie attorney at Washington, to do what I could
to open up the Columbia river to free navigation,
and. therefore, within two weeks after I took ray
seat, in the senate, I took steps in the committee
on Transportation Routes to the Seaboard, which
resulted in getting liberal appropriations for the
construction of locks around the Cascades of the
Columbia. Now whatelse is there in the X. P.
ti R bills. The next provision is that all the
lands of the grant shall be
SOLD TU ACTUAL SETTLERS
At a maxiinam price of $2 50 per acre, and
shall a sold in nuantities not exceeding 160
Now. the Oreironian found fault with
that. Well, now let tne say on that question
that any other kind of bill giving an extension
of time to any company could not get, in my
judgment, tea votes in cither branch of Con-
greKg not ten votes. J nat proposition is not
mine. It is not a new idea ot mine. I no not
claim any credit for it, but that was the doctrine
this Government laid down shortly after the X.
P R. K. bill was passed, aud. as I said before,
the sentiment is so chrystalized in Congress that
T Hnn't believe anv considerable number of
members of the House or the senate wouia vote
for any land grant or extension of time, uuless
it were provided that the company receiving it
should sell their land at not more than 2 oO
per acre, and I say it is right, and for one 1 will
not vote for any bin wnicn nas not mat provis
ion in it. Now, I must hurry along, i wouia
like to talk four or five hours about this, but I
cannot ; there are many charges agaiust me, ana
I have to answer each of them. If I do not
answer all the charges to-night which have
been made, yon will find an article as long as
vourarm in the Oregonian to-morrow morning,
j . , , ... , t .... .
saying Mitchell evauea tnis ami emueu mm ,
but IWi ll answer all ot them that I have time
to, and if we cannot cet through to-night we
will have a meeting to-morrow. (Laughter.) I
will say. however, before 1 leave this matter,
that I hope and believe tne oiu ior tne exten
sion of time to the X. P. Ii. K. Co.. as it passed
the Senate, will pass the House at the next ses
sion. It may bo anemded in some particulars.
I WOULD AMEND IT MYSELF
In one paaticular If I had my way. There was
an amendment put in In the Senate, on motion
of Senator Eiyley, of Tennessee, about taxation
of the lands, which I did not favor, because I
thought it would tend to embarrass tne com
pany. I want to oe iair huu uo iii wisu iu em
barrass tbe company. I want them to have leg
islation that will enable them to build this great
national h ighwsy as a rival to the other roads
whose attorney I have been maliciously and un
lustly charged with beinsr. Now, fellow.cltlzens,
t want vour attention for about twenty minutes
on another matter, and I want it for the purpose
of answering a criticism which has been made
on m V actions on wnai are k uiw u uh inn x tiut
It. it f unuing diiih. . i who. Kt
iron ia n and bv other papers; some papers in the
Ea.st. the . 1. HUU llr lusiuuto, uu ms
delnhia Times, and pernaps in otner papers
whose columns
hve been, controlled by men
who have been trying to put me down ; that my
action on what are known as the Paelnc R. K.
Funding Bills was in opposition to the true In-
terests of the
olnltnlAll VPS.
Onvernment. andlt has been in-
more than insinuated; it has been
charged directly, but never sustained by a par
ticle of proof, that my action iu reference to
these bills was Influenced by Improper motives
and unworthy considerations. Now, then, to any
lunt. intelligent criticism maue oy uuj jiir,
J . . . . i n I AM ..v. Ii H. .1 u rtAr ufi t f
..IhOP I IIM , liri'HIIIJllJ ji Ml', wuv. , - - - " -
thin or anv other DUbtlc measure.
there can. as a matterofcouMe.be no possible
nhieciinn. and I rroDOse to meet all suchcriil-
uma. all fair. Intelligent, honorable criticisms.
in the sDirit in whlflh ihey are tendered. I pro
pose that they shall receive my respectful con
sideration and answer
TO THE CHAKGE, HOWEVER,
Fellow-citizens, that I, at any time since I have
held a seat in the United States Senate, on
tKat or anv other subiect. have been the attorney
of the Union Pacific or the jCentral Pacific, or of
any other company, or of any omcer. stocsnoiaer,
octant, uttnmev or friend of any railroad company,
or have acted in their interest; or for anv conside
ration whatever, in any manner, I say here, to
night, in the presence of God and of these wit
nesses, that so far as that charge is concerned it is
infamouslv and! unqualifiedly false, and not only
so, but I assert here, to-night, that in o far as that
charge has been made by any person wno nas re
BidArl in tha citv of Portland for the last eighteen
years, during which time I have resided here, that
he knew it to be false when he made it. (Applause.)
the. citv of Portland, however, and
the people of the State of Oregon, have i perfect
. . r . . . 1 . " T t.i.wn
right to know my reasons ior tue posmou j. um
taken and the votes I have cast on that or any
nthor rmhlic measure since I have held a seat in
the Senate; nor am I ashamed to come before the
nola of the State of Oreson, en masse, ana look
them in the face and irive them mv reasons for my
conduct. Xow, in the first place, bear in mind,
that so far from having opposed all bills providing
for the fundinir of the Pacific railroad debts, the
very reverse is true; because I have ever since I
took my seat in the Senate favored a hill for that
purpose. Xow, there are very few of the people,
perhaps,
VEET VKW LA.WYKR9 INDEED
Iu the State of Oregon, who have giveu their at
tention to this matter and understand it. This
subject came before the Senate first prominently,
about three years ago, and was referred by the
Senate for investigation to the Railroad and Judi
cary committees of that body. At that time, Sen
ator Kelly, my colleague in the Senate, and myself
were both members of lhe Senate Railroad com
mittee. I was not then its chairman; these two
bills, or rather this subject, because it came before
the committee as a general subject for investiga
tion; after receiving a most thorough investigation
of weeks and months before these two committees.
lteoue bm wasreported by the Judicary com-
mit . a We orit o( tha, coonlit.
. through Senator Thurman of Ohio. Another
reported from the Railroad committee receiving
ith one exception, 1 believe, 1 think, senator
Hamilton, of Texas, a unanimous approval of
every member ot that committee. iow men,
who were the members of that committee
at that time? They were West, of Lousiana;
Cragin, of Xew Hampshire; Howe, of Wisconsin;
Hamiltou, of Texas, Dawes, of Massachusetts;
Ransom, of North Corolina; Eaton, of Connecticut;
Kelly, of Oregon, and myself. So tbat the bill re
ported from the Railroad committee two years ago,
which iu principle was the identical bill supported
by me at the last session of Congress, was reported
and supported by every member of the Railroad
committee two years ago, including Senator
Kelly, of Oregon and myself. I have not time, of
course, to go into the history of these two bills
and show all their provisions and wherein they
differed iu principle and detail. It would take a
whole day to go over this subject. The Act of
Congress of 1802, known as the Pacific Railroad
Act." said in substance to tbe Union Ceutral
P. R. R. Cos., you build a
&AILHOA.D ACROSS TUB OONHNK.NT
From the Missouri lliver to the Pacific Oceant
the Government of the Uuited Suites, for tbe
purpose of aiding you in that matter, will give
you a land grant, and will issue its bonds for a
certain amount per mile, bearing interest. The
Government will take u first mortgage on the
road to secure repayment at matmity of the
bonds, principal anil interest, and the company
shall pay to the Government auuually five por
centum of the net earnings of the road after
its completion, and the Government was to re
tain all moneys arising from Government trans
portation. Then the Act of 1864 came iu and
changed the-original contract between the Gov
ernment and these companies. Under the first
Act, as I have said, the Government had taken a
first mortgage on tbe road. The Act of 1864
changed this, and authorized the companies to
issue their bonds ior an equal amount, some
$$5,000,000, and give a first mortgage, the
United States releasing the first and taking a
Second mortgage ; and it also provided that, in
stead of the Government retaining the whole of
the moneys arising from Government trauspor
tation it should only retain one-half that amount,
and that live per cent, ot the net earnings
t-heuld ba paid annually. 'I be Government has
been pavim; tbe interest on these bonds semi
annually, ever siuce, and an important dif
ference between the Government and the com
panies arose. The Government claimed that
the railroads should refund to the United States
this interest semi-annually, as paid by the Gov
ernment The companies, on the other haud,
took the position that under their contract with
the United States they were not in law bound to
renav anv part of the interest to the Govern
ment until the principal of the bonds which ran
thirty years had matured. There then was an
important legal controversy, so that Congress
oassed an Act in 1873 to enable the Courts to
settle the question and decide what the contract
was between the United States and tbe railroad
companies. That Act was passed, authorizing
an action to be brought in the Court of Claims
The action was brought, and that Court decided
unanimously that the cliiui of the Government
was uot good, and could not be maintained
An appeal was taken to the Supreme Court ol
the United States, and what did the Supreme
Court of the United States dor They also de
cided wxanimously, so that it was not a partisan
decision, not a decision of a maioritv of the
Court(4mt they decided usaxihouslt that the
is CLAIM OF THE GOVERNMENT
Was not one which could be malntalnea in
tuft, thev decided that the contract made be'
tween the U.S. andthese railroad companies, un
der the Acts of 1(W2 and lSt4. was such, that the
nnmnitnles were not bound to refund to the Gov
ernment ot tne u. any pan oi iuo iuibiohi, ui
t he bonds, unt il tbe maturity ol the principal of
the bonds. In other words, tne bupieme
Court decided that neither the principal nor the
lnierestof these bonds became dueor payable to
the Government of the U. S. from the companies,
until thirty (30) years had eiapsea arter tney
imii hn ixHued. That, said the Supreme coun
of the U. S. the highest judicial tribunal of the
land was the contract, whet her it oe gooa or
bad. that the Government of the U. H. made in
1864 with these companies. Now, the object ol
the funding bill, wbati known as the Thurman
Funalug Bill, was lo compel tuese rauroau com-nanies-
without their consent, to set aside
from their earnings and pay semi-annually Into
the treasury of the U.S.. not 5 percent which the
confact called for, as construed by the Supreme
court, but 25 per cent, of their net earnings. That
was the bill the Railroad co nmlitee two years
aeo unanimously decided, with oneexceptiou, in
a . . 1 1 lit V '. 1 . 1. . .l.m , n
acting upon tne uiu wuicu hid cuiumnw
Railroads reported to the Senate, tbat the prin
ciple of the Thurman bill was unconstitutional
and unwise, as did alnll minority of the Judi
ciary c -mmlttee. Here, then, we had these two
bills in tne wenaie oi iwu years bu-uuc irum iuc
Railroad committee, authorizing the companies
to pay Into the treasury ot the U. S. $1,500,000 each
year, which they were willing to do, to be piaced
at interest as a fuud witn which to meet this in
debtedness when due. The other, Mr. Thurman's
bill, which compelled tnem, witn ut tneir con
sent, to change the contract, and pay into the
treasury annually 25 per cent, of their earnings
ou a debt not due for 25 yeart. These two ullls.
n
near,
favor
two years ago, were aiscussea at lengm, neiorw
Senate, lor aays ana weens, iiieotiunmwao
y equaly diviaea, nearly one-nan oeing in
favor of
MR. THURMAN S BILL,
And nearly one half in favor of the bill reported
by thecomrnittee on Railroads, and a ve;y few
were not satisfied with either bill. Tbe result
was, that after over three weeks discussion,
neither of the bills became a law. Now in that
discussion two years ato. as the records or the
Senate will show, many oi tne ablest lawyers oi
the Senate, both Republican and Democratic,
took the position and advocated it for days, that
the principle enunciated in the Thurman bill
was unconstitutional, impolitic unjust and un
wise and ought not to be and could not rightfully
be adopted by the Government. I took that po
sition aud I am not. ashamed or afraid ito avow
it My colleague, Senator Kelly, took mat posi
tion. We voted together on that ques'ion; if I
am wrong he is wrong. As a matterof course we
are both liable to be mistaken. But the subject
aaln came before the Senate of the United States
at the last session. Again it was referred to tne
committee on Judiciary and the commute on
Railroads. Again a thorough examination was
had upon the whole subject. Again two bills
wereieportedtothe Senate, one by Mr. Thur
man, receiving tbe approbation of only a bare
majority of the Judiciary committee and op
posed by a full minority of that conwmittee and
another reported by the committee on Railroads
without a dissenting vote in the committee, al
though I think three members of that commit
tee did on the final vote, vote for the Thurman
bill Now bear in mind, neither of these bills
oa mine, neither was reported by me and I
nvr introduced a bill on the subject. Senator
Thurman, I say, reported one from tbe Judiciary
committee, whilst Senator Matthews reported
the other from the Rillroad committee. These
bills reporied last session differed somewhat in
detail from the bills of two years ajro. but not in
n,inmni. ihn crffat overshadowing Question be
ing whether Congress could constitution
Hon ir a the contract between tbe United States
and these companies without their consent,
whether
VESTED EIGHTS COULD BB DBSTLOYED
By an act of Congress. Tbe bill of the Railroad
Committee, preceding on the theory of a new
contract, with the consent of both parties to that
contract, provided for the payment into the treas
uryj in semi-annual payments of 82,000,000, the
companies being willing to do this, and if that is
not sufficient to cancel the in 'ebtedness, when the
bonds and interest become due, .then they were
to have time on the balance, were to pay it in in
stallments evry Bix months, all of which was to be
secured by mortgage on all their property. The
Thurman bill, requires the payment of twenty- i
five per cent, of lhe net earnings annually,
whether the companies consented or
not. These bills, after discussion of soma weeks,
at the last 'session resulted finally in the passage
of the Thurman bill through the Senate, and it
yassed the House without discussion or considera
tion. Xaw, then, I desire to say this, because I
will shirk no responsibility that I have taken, I
opposed the Thurman bill, and I would do it again.
(Applause). I would ao it witn all my power, aud
why? Because I believed then, as I believe now,
that it is not worth the paper it is written on. I
believed then, and I believe now, in common with
some of the ablest lawyers in f the land, whose
names 1 will presently mention, that that bill con
travenes the porvisions ot a solemn contract
made between this Government and its citizens,
and whether that contract was made between
the Government and the lowliest on earth, or be
tween the Government and the most powerful
corporation ou earth, I believe that the good faith
of the U. S. requires that it shall be faithfully ob
served. Let me tell you, fellow citizens, whenever
this nation shall assume the right or the power to
break faith wifh its contractors, its creditors, or its
debtors, whether they be citizens of this country
or any nation under heaven whetherthat contract
relates to railroads, or whether it relates to me
currency of country, or to anything else, it strikes
lrom its escutcheon, the
PROUDEST BADGE OK OUH NATIONALITY,
Then you strike a blow at the credit of the Re
public that will cause her,- in long years to come,
to fairly stagger with impotency before the nations
of the world. Xow. allow me to call your atten
tion for a moment to what one of the ablest Dem
ocratic lawyers of the Senate said in regard to
that bill: I refer to Ben Hill, of Georgia, and
surely my Democratic friends will agree with me
when I assert, that Men. Hill, of Georgia, what
ever else may be said of him, stands to-day pre
eminent as a lawyer ana as a mnsi. mu
will question that he is one of the ablest constitu
tional lawyers in the Senate of the U. S. to-day,
and he is one of the ablest debaters in Congress
to-dav he is furthermore, as I believe, aconscieu
tious, just man in everything that pertains to his
duties as a Legislator. What did he say about the
Thurman Funding bill, which I have been ac
cused of bad faith to the Government in oppos
ing ? Here is what Mr. Hill said with reference to
the bill nrtnrl bv Mr. Thurman, and whioh
finallv bocama a law ?
"Thus. sir. I have shown: First, that the bill
reported from the Judicary committee, under the
torm of alterinc the acts under aumority oi wnicn
these mninrtt were made, does in fact seek to
alter and change the contracts themselves, and
without the consent of the parties to those con
tracts. Seeond, That such legislative power can
not be found in the theuf of trusts. That the
power to interfere under that theory exists only
in the courts, and that even the courts can exer
cise such a power only alter a aetauit. l nira,
That th reservations "to alter, amend, or re
peal." contained in the Acts of 1862, and 1864,
nnniv wrc intended to apply, and can
only ' apply to the corporate existence,
powers and franchises of the railroad companies
or.it f-nnfirmcH bv those Acts. That the
reservations were not needed or intended to give
to Congress the power to alter or repeal the au
thority to make the loans provided for in those
Acts, and that no autnotuy can exisi m unicsa,
inherentlv or hv reservation, to alter or rescind
the contracts actually made under that authonty
after that authority had been executed, after the
contract had been made, and after the rights and
liabilities of the parties to those contracts had be
-rm. vested and fixed..'
But again, in answer to a question from Sena.
r.r Thurman Senator Hill said : 1 am argu
inz upon tbe assumption that you are right, and
yet I show that your oiu is uuwusuiunuui
hut her K.mfttr Hill further. He said :
tt Kill filed to foreclose a mortgage be
fore the mortgagoris in default. Then, again
it is a common law action of debt to collect i
debt before it is due. It is a bill, I repeat, to
make the acts of the debtors crimes, which acts
th. rnn tract stinulated thev might do and which
were offered them as inducements to make the
contract. Sir, I afhrm that the Legislature ot
F.ntrland in the time of James 1 never asserted
a more absolute power. Here certain thing
that these corporators might do were provided
i f in ih charter vou stipulated that they
might do them ; and now you come In by tnis
hill nd nroDose to make it a crime 11 iuey u
them Was such a monstrous power ever nean
i . i
of to be exercised by legislators ? Surely, if this
be true, the legislative power oi mis uoay i
indeed omnipotent. In plain langusge, I repeat
urhat I iiav said: it is a bill to make a good
. i . i . . i.
lf.ill.iavu .... - .
hunt agreement soieiv unu
Mi. rirwernment anorehends it maae a Daa con
tract by agreement, and after the chief induce
ments to the Government to make the contract
have been fully realized. It is a bill which can
j ...Lnt In the courts of law, no
huu u yj jiui.Mi.1."- .
....ii...r;t in M.e nowers of legislation, and
sav it respectfully in my judgment, no Justifi
ation in the forum of conscience. I coul
auote similar opinions from numerous Senators
M . T ,1- 1... .iiiiir.i
to the same etteci, ana yet. j. iuu v.v
iili over this State because, when exercisin? my
rioht tr. indtreof mv responsibility to the peopi
j tv. tmtrf and to ciinstrue the obligation
of my oath. I opposed a bill that is thus branded
bv the leadine Democratic lawyer of the Senate
and others as one more monstrous than any
that ever passed under the reign of James
(Applause.) I could stand here and
OTToTta; TftY THE HOUR.
And quote from Democratic and Republican tawyers ou
..!.1.... I. I ,. nnt t IK tlllU. Anil A ill VOU
then say to me that I hav acted iu bad faith towards this
natiou or toward you, because I have opposed a bill tuat
I religiously believed to bo unconstitutional, uju .
.4.L...J ..... ,i,ar wt-re advocated and
.iurn.lri hr audi Senators. Republican am
i. ,i- T,a all attuui where I did lu On-
nopition to the Thurman bill. Such men as Matthews, of
Ohio: Allison, of Iowa; Uarnum of Connecticut; Biaine oi
n.. r irL-.i.ui. liHiinia. of Maryland: baton.
of Connecticut; Ferry, or Michigan; Bruce, of M ississippi
i',.,.r ..t Klorida: Kandohih. ot Ne
VJU1UUU, " ' ' ' " " , , l
Jersey: Sarg.ut. of California; Saunder. of t)brasla: Fad
dock, of Nebraska; Cameron, of Wisconsin; Teller, of Col
.,n. I - I'hutln ot 'jlorarto: Liawes. ui jihw.u.-u.
of Wisconsin: Hill, of Ueoricia aud Coukliii,
of
New York.
.11 Cun.tnra nnnnu.il thA hi I lU&L 1 OU1HHJCU.
You
hemocrats I will you charge we wilh bad faith for takini
the position I did ou a subject like thia. which I liav.
f..ii..7 I tl.i.ik I nminnitoud it. aud iu r
f,r..r to which I " endeavored to do my conscientious
duty. Will you cbarge me with violation or mv public
. . . ... ..nl 1 cm t. vnur fneuii
trust, wneu vwo j . - - .-
Senator Kelly, stood where I stood, acted as 1 acted and
voted as I voted. .
Now. Democrats, you have confidence, and Justly too.
.v. ,.M..ii it-.-,iv nf Snator Kellv. aud yet, ne and
.u,t,ur nn tl.ia imnnrtant subiectnot only so,
you Democrats have confidence in the official integrity of,
such eminent statesmen and lawyers as Uill, of Georgia;
Karon, of Connecticut; Kanuolpn, oi --ew
if Maryland: Gordon, of Georcia and Barnnm, of Connect
icut
..... num.m. ho tl.M wav. beinE a leader
vour party and Chairman for some years past of the Na
tional Democratic committee, and yet every one of these
..i..n ,i.fiimi mil lnvran held the same view aud
voted precisely as I did on this question. (Applause.)
You Republicans bere to night, have conndence I believe
in such Republican Senators and lawyers as Allison, Mat
thews. Blaine, rerrv, uorsey, onioo. v'""' . "" '"'
Saunders. Paddock. Cameron, of Wisconsin; Howe.
Tller. Chaffe. Dawes, Oonkling and others, and ye
every one of these Republican Senators
OPPOSED THE THURMAN BILL,
Every one of these men occupied the position
that I did, and yet I am charged all over Oregon
wherever you can get a paper which is mean
enough to utter the contemptible slander that I am
ih nttnmev of Jav Oould and Huntington. Now,
fellow-citizens, that is all I have to say about that
mattr I have done in reference to this matter,
what T considered to be my duty. I have no re-
trrtM in the case, whatever. Since I have been at
Washington, fellow-citizens, it has been my am
bition to try and do something, or to be instrumen
tal in doing something that might promote the
true interests of the people of Oregon, and ad
vance the prosperity of this city, and of this State,
and of the whole PacificJ northwest. I have tried
hard. 1 have done my best, ana now, looking
back over the field which I have traveled, through
great tribulation, with foes in front, in the rear,
and on either side; still, after looking over the
whole ground, I say to-night, in the presence of
God and of man, that I am unable to see wherein I
could have labored to a better advantage, than by
laboring just precisely as I have done. ( Prolonged
applause). I have faith in Oregon. I think 1 see
a great future in store for her. I have faith in
the city of Portland as ajcomtaercial.aud metropol
itan city. I think there is for her a gieat future.
It is with mingled emotions of surprise and pride
that I witness to-day, after an absence ot a year,
the wonderful advancement ot tins young ana
beautiful city, and the rapidly accumulating evi
dence of her prosperity; her crowded
wharves, her busy streets, her hundreds,
of new buildings whose stately forms meet us on
evrv side, her Increa-ine commer.-e her - grow.
ine population, ner uumucss n ..-j, -..
point with prophetic beauty and wonder to her
futur career of greatness and grandeur tel.
un,.in.nr Pnrt and: lour city, " as
she dos in -queenly ueamyou uiuuinw
'- - . . . i i . ,- i.
beautiful Willamette. n . u M . v... ....
shores of th Adriatic inoHiY, wm
nseinthemal-styor her power u i uriw uu
tbe shackles of the tribute aat hirers of .snFran
cli.co.wbo from our earliest inftney have been
evvlns mall upon our commetce, uu
standing erect in the
MAJESTY OP TIER FBKEDOM
And in tbe strength of ber individuality ana
power, free from the tax of middle-men, Fbe
must make her own contracts and do ber own
business with the commercial marts i f Europe,
Asia and tbe islands or tne sea. Ana o'ir rai.ate
what or her; great in territory, rich in soil.lovely
in climate, inexhaustible in resources with her
huudredsof miles of sea-coast stretching along
her golden borders, her cipaclous hroors, ner
fertile valleys, her mighty fo ests, her pastoral
ranges, her grand old mountains, her agricul
tural, piscatorial, grazing and other elements of
wealth, she stands to-aay, even in ner iniancy,
peerless among the sisterhood of States in all
hat relates to commercial, political uu wuiai
prosperity and power. But yet. fallow citizens.
here are clogs in tne pain way oi uer sunum-
ment, and these must be removed by th ? Judic
ious and proper excerclse of the legislative power
of the Natlnal Government in ber behalf. Her
rivers must be improved, she must nave ner
breakwaters and her harbo s ot reluge on ner
coast; her great river, the second on the conti
nent, must tie cieanea irom inn ubhu oi u.v na
tion to tbe sea. so that boats, competitive, can
passnnd re-pass.carrying the proauce ot tuis ricn
laud from the place of production to the place
of sale. (Applause.) Not only this, her people
on the frontier, by whose enterprise and Indus
try the realm ot her civiiizatiou is being rapidly
ana wiaeiy extennea acro;-s me lernie inv
and rich plains of the great valley of the Col
umbia must De anoraeu more certain, more uue-
quate, more complete protection against, me
mur ierous mutilating nana oi me reu iuhu iuuu
hs ever been given brfore. If this is not done,
then this Government had better, at once and
forever, wioe out from its fundamental charter
those provisions of its glorious preamble which
declare tnat among the purposes of this Govern
ment are those Ol securing aomestic tran
quility," and providing for the common ae-
iriuse. (Applause.) lue recent luuiau nu m
through the settlements of Kastern Oregon and
Idaho, by which so many of our cit.zeus per
ished, so many homes are aesolated, s much
oroDeri-v destroyed and whereny panic and con
sternation were spread throughout ail our bor
ders, is but another terrible reminder of the
utter fallacy of tue JJemocratic pny in ou
st ess in relation to the reduction of tbe army.
If instead of haviug, as we had before these In
dian raids, but about twenty -live hundred men
all toid, scattered at the different posts west ot
the Roclty mountains to
PROTECT FROM INVASION AND MASSACRE
All this vast fiontier, we had had, as we should
have had, from 10,000 to 15,000 men properly
distributed, then Indian wars and Indian raids
would have been a thing of the past, and while
this is so I have also become convinced, and I
have studied this question with a great deal ol
care, that so long as the present small reservation
system is kept up, that not only tne interest 01
our people, but of the Indians themselves would
be subserved by turning the whole control
of the Indians over to Department of War. (Ap
plause.) I believe, that if that were done, mere
. . ' .... . i- r u:
would be less money go into tne nanus 01 uiiev
ing speculators. I believe, that the Indians them
selves would in that event get more oeneru irom
the appropriaaions made year bv year, by ton-
1 r. . .- .. . .1 11 I... U..U : nra.
gress. 1 believe tnat iney woum uc imu m myiv
complete subjection, and that better protection
.. J . . 1 . I r . : if T
would be artorded to people on me iiounci. h
had my way about this whole question I will tell
you what I would do: I would create four large
Indian Reservations. I would have two of them
west of the Summit of the Rocky mountains and
two of them east of the summit of the Rocky
mountains. I would have them located at points
remote from the settlements. I would then en
courage all the Indians on present reservations, who
aie willing to work ana support inemseivcs, iu
separate themselves from their tribal relations. I
would give them lands in severalty and would
issue patents to them. Then I would gajher all
the Indians, paying them well for all their proper
ty; in America, on, these
rOLE RESERVATIONS,
I would place over them a strong but a just
civil government ; I would provide them with
schools and teachers and preachers ; I would
have them taught in the arts of civiUzttion
and of peace ; 1 would place upon every one of
these reservations a stroug military force, a
force sufficient at all times aud under all cir
cumstances to compel pece and to keep the
Indians iu subjection ; I would hold the In
dian in subjection to the law, and if he killed
a man I would have him arrested, indicted
and tried by the Civil Government, and if con
victed, I would call it murder, and have him
hung, instead of having him pampered and
fed by the Government. And then I would
throw open the many reservations scattered all
over this western country to settlement by the
citizeus of this country reservations which
have stood and which are standing to day as
obstacles in the pathway ot civilization aud
the peace and prosperity of this whole country.
Now, fellow-citizens, one more word or two and
I have done. Tht election is over ; those who
have desired to sie nie retired at th end ot
my present term, have reason to be gratified.
My friends who have desired t- see me con
tinue in the place I hold, have reason to fl
chagrined. In a few short months I shall be
relieved from the great responsibilities which
alwav rest upon one occupying the position
which I now hold. Eie another month shall
have passed away my successor will have been
chosen. But one ambition now remains to m,
and that is that my motives and my public
acts during the term of my public services may
not be misunderstood or misconstrued by the
people of the State
THAT HAS HONORED ME,
And whose interests I have at all times assidionsly endeav
ored, according to my best Judgnieut aud ability to faith
fully guard and defend; at d. fellow citizens, if in the
I shall Btandjustitied aud approveo iu the public es
ud.
stiuiar
...... r ...i.-u nmuti-r r..eomiiHllHe. 1 lie success ui
my political opponents iu a party contest, in a closely
contested State like the State of Oregon, and wherein my
public acts certaiuly were uot directly at issue, 1 do liot
accept nor construe as condemnation ot those pulillc
acts Others mav, I do not: but it is rather to the calm,
quiet. Impartial, unprejudiced tribunal of the w; ole peo
ple of the whole Siate, Irrespective of party; when the
smoke of battle shall have passed away, and the spirit of
personal animosity, ol party rancor, shall have lorever l..st
their bitterness iu that great, fathomless sea of the Pa;
that I shall submit my record, as your public servant, ana
with the verdict that may then be reiuleied, whether u.
be for me, or against mo, I sUaU ba content.