1882. CONGRESSIONAL RECORD-HOUSE. 3413 Ladies' Soldiers' Monument Society of Portsmouth, Ohio, four HOUSE OF REPRESENTATIVES. condemned cannon; and A bill (H. R. No. 4680) to repeal the discriminating duties on goods FRIDAY, April 28, 1882. produced east ofthe.Cape of Good Hope. The Hou met at eleven 'clock a. m. Prayer by the Chaplain, . PtffiCHASE OF COPIES OF REVISED STATUTE • Rev.F. D. POWER. 1\ll:. SHERMAN. I offer th~ following resolution: The Journal of yesterday' proceedings was read and approved.

Resoloed, That the Secretary of ~e Senate directed to purchase for the use RAILROAD ~'D-GR.L~T ~ MISSISSIPPI. of the enate 25 copi of the Revised Statutes of the United State , to be paid for from appropriations for miscellaneous expenses of the Senate. Mr. SINGLETON, of Mississippi, by unanimous consent, introduced a bill (H. R. No. 6017) supplemental to an act entitled "An act grant­ !l.h. PLATT. I wish the Senator from Ohio would include the sup~ ing public lands in alternate sections to the State of :Mississippi to ~emenL · aid in the construction of railroads in said State, and for other pur­ Mr. SHERMAN. This includes all the Revised Statute . are poses," approved August 11, 1856; which was read a first and second in absolute need of them daily, and must have them. time, referred to the Committee on the Public Lands, and ordered to The PRESIDENT pro tempm·e.. It would be better to insert " and be printed. upplement." Mr. SHERMAN. Very well. ay "theRevisedStatute andsup­ FORT RICE MILITARY RESERVATIO~, DAKOTA. plement." 1.1P. PETTIGREW. I UJ;k unanimous consent that the bill (H. R. The PRESIDENT p1·o tempore. The resolution will be so modified. No. 2749) vacating the Fort Rice military reservation, in the Terri­ The resolution as modified was agreed to. tory of Dakota, be taken from the House Calendar and put on its THOllAS EVA.o.~S A.t..~ ALBERT T. WlllTJXG. pa age. l\lr. V .ANCE. I am instructed by the Committee on the District The bill was read, as follows : of Columbia, to whom was referred the bill (H. R. No. 2938) for the Be it enacted, d':., That all the lands embraced in the Fort Rice military reser­ vation, in the Territory of Dakota, bet and the same are hereby, opened and made relief of Thomas Evans, to report it with an amendment, and I ask subject to entry as other public lands m said Territory under existing laws: Pr~ for its immediate consideration. tJided, That all persons owning improvements on said reservation at the time of By unanimous consent, the bill (H. R. No. 2938) for the relief of the passage of this act shall have a prior ri~ht to enter the lands upon wbich said Thomas Evans was considered as in Committee of the Whole. It improvements are located at any time within six months after this act goes into effect. propo es tO authorize the auditor of the District of Columbia to issue · SEc. 2. That the Commi sioner of the General Land Office be, and hereby is, au· to Thomas Evans a duplicate certificate for one lost or burned, num­ thorized to issue the instructions necessary to carry the provisions of this act into bered 21609, of the board of audit, class 6, for 146.20. effect. The amendment was to add : Mr. SINGLETON, Of Illinois. I object. .And also a similar duplicate certificate to Albert T. Whiting. for one lost or Mr. PETTIGREW. This bill has been favorably reported by the burned, numbered 19555, for $532.48: Provided, That they shall each execute severally a bond to the colllJirlssioner.s of tbe District of Co)umbi&, in double the Committee on Military Affairs, ancl is also recommended by the Com­ amount of their respective certificates, with sufficient security, conditioned to save missioner of the General Land Office and by the War Department. harmless the said District against the possible presentation of said lost certifi­ I have their letters. cates; and said certificate shall be rece1ved and converted into 3.65 bonds, as all The SPEAKER. The gentleman from Illinois objects. board of audit certificates are, by the Treasurer of the United State , as commis­ sioner of the sinking-fund of theDistrict of Columbia. PROTECTION OF USERS OF PATENTS. The amendm,ent was agreed to. Mr. CASWELL. I ask unanimous consent to report.from the Com­ The bill was reported to the Senate as amended, and the a.mend­ mittee on Patents for immediate consideration a substitute fur House ment was concurred in. bill No. 784. The bill is simply for the protection of parties using The amendment was ordered to he engrossed and the bill to be patents which they have purchased in good faith in open market. read a third time. · Mr. BLAND. What is the bill f The bill was read the third time, and pa sed. Mr. HEWITT, of New York. We reserve objection until the bill The title was amended so us to read: ''A bill for the relief of has been read. Thomas Ev:ms and Albert T. Whiting." Mr. BLAND. I object, ifit is for the extension of any patent. Mr. BURROWS, of Michi~an. It is not for that purpose. ORDER OF BU D.""ESS. :Mr. BLAND. Then I witndraw my objection. Mr. GARLAND. I move that the Senate proceed to the consider­ Mr. TOWNSHEND, : Illinois. It is for the benefit of the pur­ ation of the bill e tablishing a court of appeals. chaser. Mr. HARRIS. I desire to appeal to tho Senator from ArkansaR Mr. BURROWS, of Michigan. It is to protect the innocent pur­ and to the Senate. cha e.rs of a patented article. Mr. HOAR. Wa not that bill laid aside informally two or three Mr. BLAND. I object, ifit is to extend any patent. ~~a~f · · Mr. TOWNSHEND, of Illinois. It is to curtail the power of pat­ Mr. aARLAND. It lap ·ed under the rule. entees. The PRESIDENT p1·o tempore. It lost its place. The Senator from Mr. CASWELL. I am directed by the Committee on Patents- to Tenne see proposes to upplement the motion with another. report, as a substitute for House bill No~ 784, a bill (H. R. No. 6018) Mr. HARRIS. In view of the fact that the bill referred to by the to· amend section 4919 of the Revised Statutes relating to the recov­ Senator from Arkansas was displaced, having had the right of way, ery of damages for the infringement of patents, which I ask the clerk I am inclined to appeal to the Senator from Arkansas not to antag­ to read. onize his motion; and also to appeal to the Senate to proceed at this The Cle1·k read as follows : time to consider Senate bill No. 1049, being a bill amending an act No action for damage.~ or proceeding in eqnity shall be sustained, nor shall the entitled "An act to pre\ent the introduction of contagious or infec­ party be held liable under sections 4919 or 4921 of the Revised Statutes of tbe tious diseases into the United States." United States, for the use of any patented article or device when it shall appear The PRESIDENT pro tempore. Does the Senator from Arkansas on the trial that the defendant in such action or proceeding purch.ased said article yield for that motion f for a valuable consideration in the open market. . Mr. GARLAND. I am on the committee that reported the bill Mr. SINGLETON, of illinois. I object. which the Senator from Tennessee refers to, and I am also on the Mr. CASWELL. I ask the bill and report be printed. committee that reported this other bill. I leave it to the Senate Mr. HEWITT, of New York. I must object to its present consid­ which they will take up. eration. Mr. INGALLS. The Senate cannot decide unless some motion is Mr. BURROWS1 of Michigan. Will not the gentleman froniNew made. York withdraw his objection a. moment to allow an explanation f The PRESIDENT pl'O tempore. The Senator from Arkansas moves Mr. HUTCHINS. It seems to me that a bill of that kind, nul1ify­ to take up the bill to establish a court of appeals. ing the patent laws of the United States, onght not to pass without Mr. HOAR. I waived a bill which I was very anxious to have our understanding it. taken up, and which has been waiting a great while, recognizing the Mr. CASWELL. It only prohibits recovery against a party who prior claim of the Senator from Arkansas; but I do not wish to recog­ has purchased a single article, and is using it, and has purchased it njze his right to mortgage that claim to anybody else. for a valuable consideration in open market. The PRESIDENT pm tempore. The question is on the motion of Mr. TOWNSHEND, of Illinois. It is in behalf oftheUBeiS of pat­ the Senator from Arkansas to take up the court of appeals bill. ented articles. The motion was agreed to; and the Senate, as in Committee of the The SPEAKER. The Chair understands the objection is with­ Whole, proceeded to consider the bill (S. No. 420) to establish a court drawn. of appeals. Mr. WILLIS. This is to protect the purchasers f Mr. MORRILL. The bill being taken up so as to be the unfinished Mr. CASWELL. It is to protect the users. It applies to any per­ business, I move that the Senate proceed to the consideration of son who has purchased in open market for a valuable consideration, executive business. and js using the article. The motion was agreed to; and the Senate proceeded to the con­ Mr. ATKINS. Is it in the interest of the users f sideration of executive business. After eighteen minutes spent in Mr. CASWELL. It is in the interest of the user. executive session the doors were reopened, and (at four o'clock and Mr. ATKINS. If it is in the interest of the public, I have no :fifty minutes p. m.) the Senate adjourned. objection. ·3414 CONGRESSIONAL REOORD-HOUSE. APRIL 28,

:Ur. V..ANCE. This has received the unanimous consent of the mittee of the Whole Honse on the state of the Union, and, with the Committee on Patents, and also the approval of the Commissioner accompanying report, ordered to be printed. of Patents, and it has been petitioned foreA.'"tensively by the people. UTE RESERVATIO:X COLORADO. Mr. TOWNSHEND, of Illinois. The same kind of bill was re- 1 ported in the last Congress. Mr. HASKELL. Mr. Speaker, there is a bill upon the Speaker's The SPEAKER. Is there objection to its present consideration' table (S. No. 698) 1·elating to lands in Colorado lately oceupie

J. L. BURCHARD. tion is given than appears to be contained in the bill. Beforo urging :Mr . .AINSLIE, by unanimous consent, from the Committee on my object1.0n I will ask from what committee this bill comes' Indian Affairs, reported, back with a favorable recommendation Mr. DIBRELL. It comes from the Committee ou Claims and is the bill (H. R. No. 64) for the relief of J. L. Burchard; which was recommended by Commissioner Raum. .referred to the Committee of the Whole Honse on the Private Cal­ Mr. SINGLETON, of Illinois. I object . ..endar1 ::md the accompanying report ordered to be printed. Mr. DIBRELL. I am sorry the gentleman object . I must leave this city on Monday next, and I desire to have the bill considered ORDER OF BUSINESS. before I leave. }!r. CALKINS. Let us now have the regular order. Mr. SINGLETON. of Illinois. I withdraw the objection. The SP~AKER . The regular order is the further consideration of Mr. HOLMAN. This bill certainly cannot be well understood from the contested-election case of Lynch vs. Chalmers. this hasty reading. I desire to reserve the right to object at least l\fr. BRAGG. Does that como up on Friday! until the report can be read. Tho SPEAKER. It comes up on Fricla.y or any other legislative 1\Ir. CALKINS. I cannot consent to all this consumption of time. ~ay. Mr. DIBRELL. I ask that the of Comrni sioner Raum be Mr. CALKINS. Defore entering on the discussion of that case this read. · morning allow me to say to my colleague on the committee, the gentle­ The SPEAKER. Objection is made to ~onsidering the bill at this man from Ohio, [Mr. ATHERTO~,] that I had a sured this side of the time. House that a vote would be taken to-day, but owing to rea~ons which Mr. DIBRELL. Then I ask unanimous consent that the letter of I think sufficient I believe now the House can make an agreement to Commissioner Raum be printed in the RECORD. have the vote taken to-morrow, the debate being closed to-day except There was no objection, and it was ordered accordingly. the hour after the previous question is ordered. Will my friends on The letter is as follows : the other side consent to that f TRE.ASL'RY DEPART)!EYf, OFFICE OF L"'TErui"AL REVEKUE. :Mr. ATHERTON. I understand what the gentleman from Indiana Washington, FebruanJ 18, 1882. 13uggests is that the previous question is to be pending in the morning SIR: I am in receipt of the lett~r of the 8th instant from the Committee on .and the gentleman will have his hour to-morrow. Finance, Unit«l States Senate, inclosing a cepy of Senate bill N:o. 1068, for the relief of certain citizens of Tennessee, addressed to you and bv you referred to Mr. CALKINS. Yes, sir; and that the Honse shall adjourn to-night this office for report. • after the previous question has been moved ; not ordered, but moved. I have tbe honor to retuTil the letter and inclosure with the following atatement: Mr. ATHERTON. We do not object to that. The bill is for the relief of certain citizens residing in Bedfor;l. Rntherford, Mr. CALKINS. I will say I have hurried the case on as much a~ Warren., and WilliJ.mson Connties, Tennessee, who were 3-'!'lesseJ internal-re"\'"e· nne taxes, principally on income for the year 1~63, prior to tbe formation of aa­ I can and ask the Honse to bear with its management. I assure my sessment divisions embracing the counties in which they resided. friends on this side that the best is beit;lg done that can be done to With the exception of J. W. Wi~gins and Isham R. Peebles, sr., and I!\ham R. have the case disposed of. I ask that the arrangement be ma- by Peebles, jr., the parties named in the bill have presented claims to this office for ~rder of the Honse as stated. the refunding of the taxes claimed b> have been paid. A. claim in the name of Isham R. Peebles was presented, but it was not designated by either "senior " or Mr. ATHERTON. There is no objection to that. "junior." Mr. BROWNE. I desire to ask my colleauue from Indiana a qn'es­ The taxes complained of with the exception of that paid by J . .A.. Blakemore tion. Does he propose that the Honse shafi adjourn when the pre­ were all asse sed prior to the date of the issue of the regulation>, spe :ial, No. 16, vious question has been moved f I will remind him that this is pen­ under the eighth paragraph of which it is claimed the taxes were erroneous. Bills for the relief of these parties were introduced in the Forty-fourth ana sions night. Forty-sixth Congresses. Acopyofoneofthese billsl namely, H. R. No. 4819, Forty­ Mr. CALKINS. I am reminded by my friend that this is pensions sixth Con~, was recently mclosed t.o this office oy Hon. Mr. &r.LE, sub-com­ night. I propose that the House shall take a recess after the previous mittee of the Committee on Claims, House of Representatives, with a request for question is moved so that it may consider pension cases at an evening information. That bill, I think, was more eqnitable than any for the relief of the same par­ es ion 1mder the existing order of the Honse. ties introtlnced in the present Congress. The SPEAKER. The Chair understands the agreement to be that I ha. this day forwarded t.o you Mr. hELLE's lett~r with a fnll report on tile by unanimous consent, at the close of the discussion of this case to­ bill inclosed by him. · Respectfully, day, the previous question is to be moved, and that the discussion GREEX B. RAUM, shall then be considered a~ closed, except the last hour, to be occupied Commissioner. to-morrow. Ron. CHARLES J. FOLGER, Secrctar>j of flu~ Treas;ur>j. Mr. RA...."fDALL. If we are to take a recess at half past four o'clock 1 doubt whether sufficient time will be left for the consideration of ~ECTIO~ CO~'"TEST-LYNCH YS. CHALMERS. this case. . Mr. CALKINS. I now call the regular order. Mr. CALKINS. The recess need not be taken at half paat four; The SPEAKER. The regular order is the contested-election ca. but let it be understood that the previous question shall be moved of Lynch vs. Chalmers, from the sixth Congressional district of the when the House takes a recess. State of Mississippi. Mr. ROBESON. It is understood this order vacates takin~ the Mr. HOOKER. Mr. Speaker, it was not my purpose to add.resB rooess at half past four, and postpones it till the previous question is the Honse on this contested-election case, for the rea~on that as my moved. own colleague from my own State was the party whose seat was con­ Mr. JOYCE. Thisorderwillnotcutoffthe session for this evening. tested I thought it better, upon consultation with him, to permit Mr. CALKINS. Not at all. other gentleiii. from other States, who would look upon this ques­ Mr. DIBRELL. Before that is agreed to I ask unanimous coiUlent tion of course from a different stand-point from that which I occupy to take up the :first bill on the Private Calendar. to discuss the merits of the case so f-d.r a~ he was concerned. I had, Mr. CALKINS. I will yield for that in a moment. therefore, understood that this discussion on this side of the Honse The SPEAKER. By unanimous consent the order for this evening, would be left to the honorable gentleman from Ohio, [Mr. ATHERTON,] so far as it applies to taking a recess at half past four o'clock, could the honorable gentleman from Kentucky, [Mr. CARLISLE,] the houor­ be vacated, and the session heli to-night ;tt whatever hourtherecess a ble gentleman from Tennessee, [M.r. HoUSE,] and others. I did not may be taken. Is there objection to the proposed arran~ement 'r desire to speak upon this case because I thought it extremely natural Mr. RANDALL. The House by a majority vote mignt adjourn, that the Honse would listen with some degree of allowance and prob­ .and that would cut off the evening session. ably some degree of caution to what might be said by the immediate Mr. CALKINS. Of course if the HollSe should decide to adjourn colleagues of the gentleman whose seat is contested. it might do so. But the case has assumed an attitude different from that which. The SPEAKER. But under the existing order the House would ordinary election cases assume. A. wider range has been given to have to take a recess at half past four o'clock. It is proposed that debate than simply the consideration of the question as to what is that part of tho order shall be vacated. the true method of settling this case. Mr. RANDALL. That is not objected to. I am not altogether unfamiliar, though, with the facts and circum­ The SPEAKER. The Chair hears no objection. stances attending this election, inasmuch as I am often in the district llr. RANDALL. And no other agreement is made. of my friend, General Chalmers, am familiar with its people, the Mr. DIBRELL. I a3k to take the bill I have indicated from the county in which he resides having once belonged to my own Con­ Private Calendar for present consideration. gressional district, when I was first elected to Congress, and the Mr. DWIGHT. I object until I understand what is being agreed little property in the form of real estate which I own lying in that t.o. I want to know what is the object of the evening session. ocounty. I am therefore thrown much in communication with the The SPEAKER. That is under a continuing order of the House people of that county, and am not alto~ether unfamiliar with th& that there shall be sions on Friday evenings for the consideration general aspect of the case as it appeared m that election. .of pension bills. The idea, however, has been advanced in the speech which wae Mr. DWIGHT. I withdl·aw my objection. made by the honorable gentleman from Tennessee [Mr. MOORE] a Mr.· DIBRELL. I ask unanimous consent to tako from the Pri­ few days since, that inasmuch as there is a colored majority in that >ate Calendar for consideration at this time House bill No. 1633, Congressional district and in the State of Mississippi, therefore the being the first bill on the Calendar, for the relief of certain citizens conclusion must be drawn that there was something illegal and im­ .of Tennessee, of Bedford, Rutherford, and other counties. proper in the conduct of that election. The SPEAKER. The bill will be read. Now, so far as the evidence in the record is concerned in reference The Clerk began the reading of the bill, but before concluding it, to the proceedings in the county of Adams, and particularly to th& Mr. KASSON said: I must object to this bill unless more informa- proceedings at the precinct of Washington in that county and aii , 3416 CONGRESSIONAL RECORD-HOUSE. APRIL 28,

-the precinct known as Dead Man's Bend in that county, !'am some­ I have never believed in discussing any question by epithet ; and what familiar with it, for the reason that when proceedings were however widely I mi~ht differ from my friends on the other side, and instituted in the United States courts against the holders of the elec­ however fiercely I nught contend against them upon political ques­ tions in those precincts there was embraced in the indictment a tions, I should hesitate long before characterizing their conduct in number of gentlemen who were my friends, and among them were the terms by which it has pleased the taste and the good manners also embraced some colored officers of election, of the honorable member from Tennessee to characterize them. Not Finding those gentlemen thus indicted, I volunteered my services only does he start out by giving a lecture to his own party, but he for their defense m the United States court. I attended the trial of seems to have considered himself a sort of teacher from a politico­ the causes, spoke in one case in common with a number of lawyers business point of view to my own State of Mississippi and the South who were employed in the other cases. And after we had tried three generally. Let us see how far he possesses that grand prerequisite of these cases out of the fifteen or twenty alleging irregularities which every great moral and political lecturer ought to po ses be­ and frauds in the elections in that county of Adams ; after we had fore he undertakes to become a public teacher. Let us see how far tried three of these cases before a mixed jury composed of seven he understands the question, how far he comprehends the real his­ white men and five colored men, after three verdicts of not guilty tory and subject-matter upon which he assumes to constitute him­ had been rendered, I suggested to the court from my place as an at­ self a lecturer before the country. He says, among other thing : torney in court that I hoped the honorable attorney for the Govern­ I confess that I am, and I think the country is, growing very impatient with th& ment was satisfied that his information agtlinst these citizens was milk op policy of our Republican majority here, and unless we decide soon to first not properly founded, and that the judge of the court would direct seat the men who ha>e been fairly and honestly elected, and then go on vigorously in the pro ecution of the important public busine s for which we were sent here, to be entered a nolle prosequi in the remainder of the cases. The judge I do not hesitate to say that the country will not do what.it ought t.o do if it fails declined to adopt that suggestion, but said he would allow the same to repudiate our party at the very next election. A word to the wise is sufficient. jury to take the papers in the other cases, and the result wa-s that Mr. Speaker, what I may say to-day shall bespoken from a bu ine stand-point, there was a verdict of not guilty in every single one of the cases. and is intended to reach the business ear of the country. :trow, the proceedings in this election constitute one of the grounds The gentleman's business interests, as he tells us in a subse9.uent npon which the contestant alleges that there was an unfair election portion of hi speech, make him familiar with the people of Missis­ in the county of Adams sippj, particularly jn the six:th Congre sional district. He says fur­ I now come to the county of Warren, where 219 votes were thrown ther: out under our statute law-a law, by the bye, that did not originate l!'ollowinrr up this ide::~> on the opcnin~ day of Congre s I said : 11 In the interests in Mississippi, but was copied from the Ohio law; a law similar to of justice. in the interests of common farrness, in the interests of good government and the civilization of the nineteenth century, Ire pectfully and olemnly protest that which prevails in the State of Maine and in many other States in the name of the American people against the adniinistration of the oath of office of the Union; a law that has undergone construction by the courts to the Ron. Jan1es n. Chalmers. of the sixth district of .M.is issippi, to a eat in tho in all of the States where such a law prevails. A similar law was Forty-se\enth Congre s of the United States." adopted in Mississippi, copied almost in totidern t·e1·bis from the Ohio law. Mr. Speaker, I de:-

Ay, sir, the convention ~ssembled la t year at the capitol of Mis­ from one of )ir. Garfiel

1~ to 1875. Wha.t wa J that condition of government Y Sir, tho parties and the country. From 1865 at the termination of the war, country has not been lei't at a loss to know what it was. I will not to 1875 the Republican party held the colored vote of the South in give my own assertion, bnt I will give the evidence of one of the a grasp of iron. They ran them up to the polls like sheep in the leading men of t.he Republican party a to. what was the condition of shambles and voted them, and so long as they obeyed their behests -affairs in Mississippi in those days. I will give the testimony of a and voted their ticket it was all very well. But when the colored man who wa.s afterward in the Cabinet of President Hayes, who held man began t.o think for himself, speak for himself, act for himself, high position there. In order to show the condition of affairs in Mis- and vote for himself, you say, "Oh, this is a great outrage perpe­ issippi, and to show who was responsible for that condition of affairs, trated on the colored man." I will send to the Clerk's desk and a k to have read an extract from I assert, sir, on my honor as a Representative, that I have stood in Mr. Schurz's SJ>eech in 18i'2, showing the then condition of the South. the capital of my Stat.e, in the county of Hinds, for ten long years, I ask the Clerk to read, commencing with that which is attached to and have seen the serriecl columns of the black voters, led by the the paper, an extract from a speech made by Mr. Schurz at Buffalo, "white scoundrels"-as 1\h'. Schurz terms them-who commanded New York, October 25, 1872. them, march up to the polls, every man with a rifle or a l'lhot-gnn on The Clerk read as rollows : his shoulder or a revolver buckled at his waist; for ten long years I A blight has fallen over the Sonth. I~as not so much the war which was the have seen them march thus in the capital of my State to the sound cause ofit as it is the shameful corruption which pervades the State governments. of drum and fife, and everywhere else throughout the State. For Fraud, plunder, shameless robbery-these are the characteristics of the Southern ten years this was done. They talk about our people exhibiting im­ State governments. And who is responsible for it 1 Was it not Grant's adminis tra.tion to which all these plunderers clung for support I But how could these patience. Why, sir, you wollld not have allowed such a state of thieves keep themselves in power~ Their most powerful aid was the Federal affairs to exist in the State of Massachusetts for two weeks. And as ,(}overnment, and their next powe~ aid they sought in the ignorant negro vote. long as the colored men could be compacted to~ether and voted for THE THIEVES .AND THE li"EGROES. the Republican party we never heard any opposition to it. But now The thieves control these negroes, and it was under their influence that they that they are beginning to be instructed, now that they are be­ 'have been arrayed against the whites. The blacks and the whites stand face to ginning to better their condition, now that they are beginning to ..face as enemies, for the ne~oes are under the influence of the most villainous acquire property, now that they are beginning to exercise the real coundrels that were ever auowed to dis!!Tace a great and noble country. The productive la.bor seems almost e~austed, the very foundations of society right.s of citizensJ::jp, you propose that they shall be depri_ved of .are undermined, the States are almostbankrnpt. The Republican party is respon­ the ballot; now you propose to say that because they exermse the sible for the present condition of the South. I have been tift-een years a. steadfast, right of suffrage according to their own judgment you will object ..faithful worker in the ranks of the Republican party. I would be the laat man to to it. reproa~h the Republican party, with which my highe t hopes have ever been iden­ tified. But this is a. question of conscience. Why, sir, the o people arc becoming now somewhat instructed as t.o their rights. W~ithin five miles of my own plantation in the Mr. HOOKER. The Clerk will please send the paper back and I State of Mississippi there lives a colored man who is the owner of will read the rest ofit myself. It will be seen that that was the con­ six htmdred and forty acres of land, all paid for, and who has money .dition of affairs in Mississippi in 1872. Further along in the course in the bank. He is a Republican and votes the Republican ticket of another speech made in the same year, in 1872, still further de­ whenever he chooses. Many others of them are acquiring property scribing the condition of affairs in the South, and fixing the responsi­ in a. greater or le s degree. bility where he thought it belonged, Mr. Schurz says: I say here~ in the presence of thi House of Representatives, that And thus it is- when the charge is made that the colored man meets inj nstice, This was a speech made at Syracuse, New York, in 1872, when the wrong, and outrage at the hands of the Southern people, he never -carpet-baggers and scalawags held Mississippi uncontrolled; when finds anythiu~ like the outrage and injustice which he received at that beautiful condition of things existed which the gentleman from the hands of tne carpet-bagger and the scala. wag. Tennessee would be delighted to see return, in order that there might And when the o-entleman quoted from a Southel'n newspaper a .not be what he calls a solid Bourbon delegation from Mississippi. warning to the cofored people as to the danger of a riot, I ask you why that warning was given' It was because they held in full And thus it is- remembrance the fact that in 1874, when the colored people were Says Mr. Schurz- induced by the carpet-baggers and the scalawags, who always fled "that the great name, the great authority of the Republican party in its national when danger came-when they were induced to march upon the city •capacity is bein~ used this very moment to uphold the most atrocious system of ofVicksburgh and assert what they considered to tho 1·ights of -government which this country ever saw. A party which cannot live and pros· the colored sheriff of that county, they were met and resisted and per unless it be supported by a revival of the old war feeling, and by tearing open again the wounds from which the people of the United States have bled so long, many lives were lo t on both sides. such a party when it baa come to that does not deserve to liv.e. They remembered the terrible riot that occurred at Clinton, a year afterward, when three young men of that cotmty were disemboweled, Another extract from a speech by the same gentleman made at Saint one of them in the presence of his family, by the enraged mob. Louis, Missouri, sustains the same point : They rem~mbered that everywhere in Mississippi had been witnessed CAN THE DEMOCRATIC PARTY BE TRUSTED ~ scenes of violence, bloodshed, and plunder during the whole carpet­ Honest-Republicans, are1ou still troubled bY, doubt¥ Do you still ask, "Will bag rule of ten years. it be safe to trust them¥" journal of this City addressed the question to me, And they know now that from 1875 down to the pre ent time, with "how the colored people of the South would be protected by legislation in conse­ the exception of the sin~le instance to which I have refened, at the ..quence of this movement if the majority in Congress should change 7 I will voting precinct of Manon, in Lauderdale County, there has been answer. We ha-d the same movement in this State ; the majority in the Legisla­ ture did chanae; and how were the colored people of Missouri then protected by peace and quiet, order and law-abiding citizenship, and the colored legislation 1 ~o legislation was needed t() protect them. They were amply pro­ man has been entitled to full protection and repre entation every­ tect-ed by the spirit of the people as it is issued from that movement.. I remember where. the predictions that were.made then to frighten us, that the "red-handed rebel" would rise np again in bloody ferocity and make it impossible for Union men and It was said by the nominee of the Republican party for governol' ·colored people to live in some parts of this State. Well, the peopl~ of Missouri of the State of Mississippi, the man who was nominated by theRe­ were not frightened; they did trust; they "claaped hands over the bloody chasm" publicans and nominated by the Greenbackers, that they intended .in 1870. Their trust was not in v-ain. The rebels were enfranchised. They became to have their rights ; and if they could not get them unuer the " Camp­ not only voters, but good citizens again; the right8 even of the lowest among tts toere bell code," which was the last code of laws adopted in the State of more secure and sa~Jred than ever, and we have lived as friends and brotlwrs since. "'Here it is history. Let the American people profit by the lesson. Mississippi, they would have them under the "five-barrel code" of the revolver. That is the only sentiment of that sort that was ever I add the following extract from a speech by Mr. Schurz: uttered in that canvass, and it came from the candidate of the Re­ MILITARY RULE. publican party for governor. Let us look at the political developments of thls country. We have become Mr. MONEY. In his speech of acceptance after the nomination 'I -careless about the institutions of our country. You who have studied history Mr. HOOKER. Yes; as dty colleague reminds me, it was said by know that in times of extraordinary urgency, in times of war, &c., we allow the Government extraordinary prerogatives which we would not allow the Govern­ the candidate of the Republican party in his speech of acceptance ment in orlood of thousands of people. I can only say to the gentleman that he need not give himself Now, it was against this order of things that the people of 1\lis­ any concern about that distingui hed Senator. He is amply able ·sissippi felt it incumbent upon them to rise in 1875 and assert the to take care of himself, to be responsible1 not to the politico-mercan­ .right of self-government. The gentleman speaks of the Mississippi tile gentleman from the city of Memphis, but t9 the people of his .plan. Does ho mean Ly that fraud, force, violence, and intimida- own ~tate, to the people of the Sonth1 and to the people of the whole .ion V If he doe ho might go back a little fmiher in the history of Union. 1882. CONGRESSIO:K.AL R.ECORD-HOUSE. 3419

And just here, by the bye, I may remark as illustmtive of the falsity instructed 136,481 white pupils and 89,125 colored pupils. Georgia, -of the position of the gentleman from Tennes ce, that it is a remark­ with a school population of 433,144, expended $471,000 for educa­ able fact, written in a letter by a colored man who is as black as his tional purposes. Alabama spent $367,093.59, and instructed 107,000 own coat, a member of the Le"islature of the State of Mississippi, white chiluren and 72,000 colored. Mississippi-much-abused Mis­ .elected from the county of Hinas,in which I reside, when Mr. LAMAR sissippi, which, as the gentleman said in the conclusion of his speech, was a candidate for the United States Senatorship, although there is opposed to education, the State which he seems to have taken was a regular nominee of the Republican party, that colored man under his special charge to represent-spent $576,513.61 for the in­ voted for Mr. LAl\IAR. He wrote a letter afterward, saying: struction of 112,89-l white and 123,710 colored children, showing a I desire to say that I haTe done this because the people of this countr have majority of colored people of nearly 20,000 educated by the taxes elected me to the Lep:isla.ture of the State to represent my colored friends m this levied upon the people of :Mississippi. county iu that Legislature, and I feel it due to the conservative characrer of Mr. Mr. MOORE. The gentleman does not quote me correctly. LAMAn, his ability, his statesmanship, his widespread reputation, that he be Mr. llOOKER. Let us see what you do say. You are speaking of returned to the United States Sena.t.e. the Democratic pa.rty, to which you want to pay especial attention ; Anu I will say that :Mr. LAMAR now comes hack to the United and you think Mississippi very Democratic-do you not '-you think States Senate with the vote of a colored man elected from Hinds it Boru·bou. Count y to the Le"islature of the State of Mississippi. They opposed the nationality of the country- So much, therefore, for this assertion that the colored men are necessarily to be voted by and attached to the Republican party. Mr. MOORE. That is, the Democratic party did. Mr. HOOKER, (reading:) Further on the gentleman says that Missis it~Pi "a opposed to the education of the colored people. Now, the condition of the colored They oppo.:;ed the emancipation of the laves; they oppo ed eaeh and all the amendments to the Constitution ; they opposed the suppression of the Ku Klux i>eople in the South is not very well understood, and I think the gen­ Klan; they opposed first the castin"' and then the counting of honest, legal >otes; tleman from Tennessee does not very well understand it. There is in they oppo ed the suppression of p~ygamy and polygamists; they opposed first the South a condition of affairs with reference to the instruction of the substitution of the present wise for the pernicious old "wild-cat' &ystem of the colored people which I undertake to say does not exist in any money; and they are now opposiug, with whatenr bull-headed blindnesa and sto­ lidity they can combine. all efforts to continue the wholesome existing system of States of the Union save those of the South. In many States of the national banking in the hope of reinstating the old and repudiat~d State-bank sys­ North the colored people enjoy for educational purposes only that t , which rendered it necessary for every man to travel constantly with a coun­ proportion of the educational fimd which they themselves pay out of terfeit detector in his pocket. They opposed a national system of education for their own property for school purposes. But in every one of the the ignorant., fearing that thereby the poor negroes might receive a passing pro­ .Southern States the taxes raised for educational purposes are ex­ portional benefit . pended in proportion to the number of educable children, "\\ithout . Mr. MOORE. I spoke of the Th!mocratic party. reference to color. Mr. MANNING. If it will not interrupt my colleague, [Mr. E(OOK­ Mr. MOORE. Will the gentleman quote me conectly Y ,] I de ire to suggest to him, in connection with the educational Mr. HOOKER. I will; I will put in the RECORD the extract from · system of Mississippi, the factrthat there are to-day about twenty­ your speech. And I will remind you in this connection that you five hundred colored men and women teaching colored schools, ap­ stand amouumentalcontradictionofyom·ownstatement; for, if I un­ pointed by Democratic superintendents of public education; and derstand rightly, you have been an outspokenRepublicanfortwenty Rot $~0,000 is realized from the taxable property of all the negroes years-ever since the Republican party was formed-unless you had of the entire State to keep up that system which it costs us annually some slight predilection to secessh:m in the early part of the war. I over half a million dollars to maintain. .do not know how that was. Did you f [Mr. MooRE made a ges­ Mr. HOOKER. I thank my friend for the suggestion . ture of dissent.] You did not. Very well; then you stand as a mon­ Mr. HORR. Right here, if the gentleman permits, I wish to ask ument in contradiction to your own position. for information, because I know his sincerity in this matter. Is it Mr. MOORE. If you will allow me to an wer-if I am not dis­ true that you treat :Korthern girls that go down there to teach South­ -turbing you-- ern schools in a manner that renders it impossible for them to enjoy Mr. HOOKER. I simply said I understood you had a proclinty the society of the white people and remain among you f i .oward secession. Is that soY You can answer yes or no. Mr. HOOKER. No, sir. Mr. MOORE. I will answer if you will let me. Mr. HORR. Before you answer let me say this: a young lady I Mr. HOOKER. At all events the gentleman is a Republican now, know well went to one of the villages in your State, and stated to me and has been a Republican for some time-an open one, I take it. your native white people absolutely fu·o•e her from the State by the Mr. MOORE. I voted for Lincoln, and have always since been a manner in which they treated her, and simply because she was a Republican, and voted nothing hut the Republican ticket. Casey white woman teaching colored children. Is there anything of that Young said I was" the meanest Radical in America." kind down \here Y · Mr. HOOKER. And yet, sir, "mean" as you are, and ''mean" as Mr. HOOKER. No, sir. Casey Young said yon were, you owe the very food which keeps body Mr. SINGLETON, of Mississippi. Name the place . .and soul together, according to your own confession, to these very ])1r.HOOKER. Iwillanswerbysayingwhatlknow. Ayonnglady, people in Mississippi whom you traduce. "\\hose residence is only two miles from my plantation in Mississippi, Mr. MOORE. I traduce nobody. who was born and bred in Missi sippi, reared in that State, upon Mr. HOOKER. Yon are a monument of the fact that they do not Mississippi soil, taught a negro chool and did not think she was .avoid a business man simply because he is a Republican. Yon say that degraded by it. They can go there and teach whatever sort of school people in Mississippi are afraid to say they vote the Republican they want to. ticket-afraid to talk in favor of Republicanism; yet they come all Mr. HORR. That does not answer my question. This girl was -the way from Mississippi to the city of Memphis to deal with the from the North, and she was a carpet-bagger. Was there anything most absolute, outspoken Republican in the State. of that kind T Now, I go back to the question of education; and I am not to be Mr. HOOKER. I say no. -driven from the consideration of this question in its serious aspects. 111r. HORR. That is all right . . I assert here now that the best friend of the coloredmanon t.he con­ Mr. HOOKER. _Allow me to say in answer to what the gentleman tinent of America-! carenotfrom whatStatehecomes-isthewhite from Michigan has intimated and suggested by his inquiry, that the man who was brought up in boyhood with the colored man. The history of the South shows that is not so, and for good reasons. Before colored people were born slaves without any fault of theirs, as we the wm- the most prominent men in my State were men who mi­ w ero horn masters without any fault of ours. The war terminated grated from the North. Let me enumerate the men who came from -that relation and made them citizens. We were all left in the same that region. Since that time we have been desirous to encourage bo::tt. migration. White people are welcomed e>erywhere. They come to If we made a cheap government and a good government for the our country without a question about their politics. Before the war white man, were we not bound to make a cheap government and we eviuencedhow we esteemed our Northern brethren. Such men as good government for the colored man Does not the colored man Quitman, the gallant governor of that State and the chancellor of the now sit upon thejuryY Is he not now a voter7 Does he not now supreme court, came from the Knickerbocker r egion of New York; hold his property under the same laws as we hold ours. More than such men as .Montgomery and Boyd, the most distinguished lawyers that, the extraordinary spectacle is presented to the civilized world we ever had in .Mississippi, who lived and died in Natchez, came from of a people already rehabilitated and restored to their relations to theNorth; Prentiss himself came from the far-off town of Portland, the l'edera.l Government, owning almost a,ll the real and the larger in Maine, and commenced his caref\rin Mississippi as a school-teacher. ;portion of the personal taxable property, coming forward and volun­ No man received higher honors or distinction from the time when he "t:trily agreeing that this property shall all be taxed iu common for first went there than l\lr. Prentiss. And so it has been. Almost all the education of the children of the country without reference to the men of distinction in Mississippi came from the North. Robert color. I quote from ·the census tables to show the existence of this J. Walker and John D. Freeman and a host of others were Northern fact in various portions of the Southern States. In Virginia, for men. They came from the North_, sir-- instance, there are 4,864 public schools, with a gain of 15,000 in The SPEAKER pro ternpm·e. The gentleman's time has expired. .attendance since last year. Virginia has a ·chool population of314,827 1t1r. HOOKER. I ask that it be extended for a few minutes, so I white and 240,980 colored. The value of her school property is may complete wha,t I have to say. $1,177,'>44. Her receipts from school taxes last year were $596,615. :Mr. CALKINS. I do not wish to interfere with the arrangement In North Carolina the schools C' ost last ye. r .. 362,882, and there were made to-day by the gentleman from Ohio [~1r. ATHERTO'Y] ~tnd the 3420 CONGRESSIONAL RECORD- HOUSE. APRIL 2 ,a

House. With that gentleman's consent I should like to have tho Disbursements fiscal year 1871, appendix, p. 63, II. J. 1872 ...... 1, 729, 046 34 time uf the gentleman from Mississippi extended. Disbursements fiscal year 1872, appendix, p. 44, H. J. 1873...... 1, 596,828 64' Mr. MOORE. I hope the gentleman will be permitted go on. Disbursements fiscal year 1873, appendix, p. 196 H. J . 1874 ...... 1, 450, 632 so to Disbursements fiscal year 1874, auditor's printed report, p. 16...... 1, 319, 281 60 Mr. MANNING. What auangement does the gentleman refer to. Disbursement-s fiscal year 1875, auditor's printed report, p. 2...... 1, 430,192 s:; Mr. CALKINS. The consent given to close debate to-night. Mr. HOOKER. I ask that my time be extended fifteen minutes. Total auditor's dit>bursements by warrant from March 11 1870 to 1 8 501 437 80 The SPEAKER p1·o tempore. The Chair hears no objection, and the .A.~e~~~~~':n~~ ~h:~!:~~~-by. ~;{dit~~·~-~~I~~t~-i~~t~-~~- ' ' gentleman's time is extended. five years, nine and two-third months ...... : 1, 484, 609 5~, Mr. UPDEGRAFF, of Ohio. ' Vill tho gentleman from Mississippi yield to mef DE:U:OCRATIC RULE. Mr. HOOKER. Yes, sir. Total disbursements by auditor's warrants for fiscalyear1876, audi· UPDEGRAFF, of Ohio. I wish to a ·k my distincruished friend tor's r~rt, page 2 ...... 518,709 03 Mr. For fisc year 1877, auditors report, page 12 .•...... •...... 697,018 86· a question. Allow me to rea.a five or six lines from the authorized For fiscal year 1878, auditor's report, pago 7 ...... 707, 022 46· Democratic platform of Mississi11pi in 1 77, and ask whether it is cor­ For fiscal year 1879, auditor's report, page 57 ...... 553,326 81 rectly reported. For fiscal year 1880, auditor's report for 1880 ...... 803, 1Q1 31 :Mr. HOOKER. I cannot give way for any reading, but I will for Total auditor's disbursements for this period of five years from 1876_ _ ___ a question. to 1880, inclusive...... 3 279, 268 47 ~Ir. UPDEGRAFFhof Ohio. I will a k a question, then. .A. verage annual disbursements by auditor's warrant for the e years. 6:>5, 853 G9•

l\Ir. HOOKER. I ave only fifteen minutes. THE CO~'TRAST. l\Ir. UPDEGRAFF, of Ohio. Just half a minute. .Annual average cost of Radical rule...... 1, 484-, 609 5.). Mr. HOOKER. I object to the gentleman reading anything. He .Annual average cost of Democratic rule...... 655, 853 69' can ask me a question. Mr. UPDEGRAFF, ofOhio. Isitafactin1877theDemocraticplat­ Difference per year ill fa-vor of Democratic allministration ...... form of Mississippi declared that all independent office-seekers are STATE DEBT. inspired simply by a lust for office, and are to be regarded and treated The State debt on January 1, 1876, excluding common-school fund in Mississippi as common enemies of the welfare of the people f and Chickasaw school fund debts, and after crediting it with Mr. HOOKER. I tbiuk it is likely we had something of that sort $51!!4, 388.21 cash in the treasury (treasurer's report for 1875, page 21) was...... $1 04 7, 409 ().1. in the platform. I have not read it recently. You had an independ­ On January 1, 1881, said debt, credited with $880,446.38 cash in the ' ent candidate, ''a Greenbacker" and of every possible variety of hue treasury, was...... 209,707 59- and color. Mx. UPDEGRAFF, of Ohio. And you treated them as public ene­ PCBLIC PRL'ITL' Now, let me proceed. I show by this table from the Census Bureau In 1872 ...... ······-····································· ...... 69,791 2 that we educated more colored children by taxation of our property In 1873 ...... 74,702 OfJ. than white children. Here it is·: In 1874 ...... ···· ··················· 75,238 3& In 1875 ...... 50,803 02 THE PUBLIC SOHOOLS OF TilE SOUTit. Total...... 444,825 7:> Virginia has now 4,864 public schools, and has gained 15,000 in attendance since last year. She has a school population of 314,827 white and 240,980 colored, and th~!~ili~~;~r ~~~~c printing during Democratic rule-thus shown by recorfls in the·-value of her school property is $1,177,544.86. Her receipts from school taxes 0 this ~ear were $596,515.95. The North Carolina chools cost $352,882.65 last year, In 1876...... $22, 295 00 and mstructed 136,481 white pupils and 89,125 colored ones. Georgia., With a In 1877...... 18, 439 8.3 chool population of 433,444, expended $471,039.46. .Alabama spent $367 ...093.59, In 1878...... 16, 929 67 and instructed 107,483 white and 72,007 colored children. Mississippi pain $576,- ln 1879...... • ...... 8, 149 4~ 503.61 for the instruction of her 112,894 white and 123,710 colored pupils. Louisi­ In 1880...... 1:>, 000 2() ana spent $235,000 ufon her chool population, one-third colored, 226,709. West In 1881, appropriation ...... : ... . 7, 000 0() Virginia has a schoo revenue of $620.126.46 and a chool attenMnce of 142,850, out ----- of a chool population of 213.441. Total ...... 7, 814 12 The average annual cost of public printing during_ Radical rule was. 74, 137 G:l llut now the gentleman from Tennessee wants no longer to have a And the avera go annual cost during Democratic a.aministration was. 14, 635 69 Democratic representation from Mississippi. He wants to restore Showin~ a. difference in annual average cost in favor of Democratic admiriistration of...... 59, 501 93 the Republican rigime1 to secure a carpet-bag representation, a scal­ lawag representation trom that State. And, Mr. Speaker, in this con­ LEGISLATIVE AND Jl.'DICIAUY EXPEXSES. nection, let me give you a short history of the affairs in that State In 1873 the expenses of the Legislature (auditor's report, 1873, page under the carpet-bag rule during the last five years of its existence 196) was ...... ·...... •.. 153, 4::!5 2~ there and a corresponding period nuder the Democratic rule. I read In 1880 the expen es of this department were (audit()r's warrant ) :froni a certified return by the auditor of public accounts. He shows reduced t() ...... •• · -···-········· 60,462 7!). The judicial]. expenses to the State in 1875 were...... !:!30, 0~5 9 . that the total expenditures dming the :five years prior to 1876, the In 1880 the uisbur aments on account of the judiciary to the State total expenditures, were ,501,437.86, the average annual expendi­ were reduced to._...... 78, 165 4() ture being '1,484,699.55. That was under the Republican, or carpet­ The judiciary expense to the State in 1874 wa more than $300,000; and 187& is contrasted with 1880, becau e in 1875 a portion of the judicia~ expenses were bag rule. Now the total disbursements by auditor's warrants for the pla.oed on the counties, as is sub tantially the oa eat present. llienniaJ. e ·on year 1876 under the Democratic rule was only $518,709.03 for that of the Legislature make the $60,462.75 th.e cost for two ye:irs. year, or a total within five years of $3,279,268.47 against an average annual expenditure of $1,484,699.55 expended under the Republican TAXATION. rule. The average expenditure under Radical rule for each of the During Republican rule the taxes levied by the State and the various counties were onerous to the verge of confiscation. five years prior to 1876 was 1,484,000, and the annual expenditures In 1874 the State tax levied on proy,erty was 14 mills on the dollar. Of this, 4 for the five years succeeding under the Democratic rnle, for they =t:Were for schools, but none the ess a tate tax levied by the State govern- came in in 1876, was only 655,853.69. I will print this table with my remarks in order show that in changing the government the School tax, 4 mills, acts 1873, page 10. to General State tax, 61 mills, acts 1874, page 46. Radical ~overnment that Secretary Schurz denounced as the most Bond tax, 1! mills, act March. 2R, 1874, section 8, pages 9 and 10. coiTnpt that ever existed in the whole world, that we have lessened Irond tax, 1 mill, codel871, section 1663. our State expenditures more than one-half; and in a period of five Bond tax, i mill, act March 28, 1874, page 9, section G. years have aved to the taxpayers of that State over $5,000,000. Total State tax, 1874, 14 mills. In 1875, the State tax was reduced t() 9! mills, of which 2 mills were for school This table is as follows: but none the less a. tax levied by the State. The State tax: for 1875 was composed as follows: FACTS AND FIGt.JRES FOR THE PEOPLE. General State tax, 4 mills, act March 1, 1875, sec. G. ROOliS DEMOCRATIC COXFER~CE EXECUTIVE CO.MMJTI'EE, Bond tax, i mill, act March 28, 1874, sec. 6, p. 9. Jackson, Septernber 28, 1881. Bond tax, 1~ mills, act March 28, l874, sec. 8, p. 9 and 10. The Democratic Conservative party promised the people of Mississippi to re­ Irond tax, 1 mill, code 1871, sec. 1663. ferm the abuses of corruption, extravagance, and heavy taxation that were the State school tax, 2 mills, chapter 16, sec. 8, p. 43, Acts 1875. prominent features of Republican rule in i his State. Total State tax, 9i mills. The following statistics demonstra.t~ the manner in which these promises have Th~ re_du9~on from 14 t() 9i mills in 1875 was accomp~shed mainly by shifting been fulfilled: certam JUdiCiary expenses from the State to the counties. (Act March 3, 1875. P..EPUBLICA.'i RGLE. sec. 6.) But the issue of auditor's warrant for 1875, was greater than in 1874. From this 9i mill tax, the Democratic Legislature reduced the State tax in 188~ Total disbur aments by auditor's wan-ants for the fl. cal yea-r 1870. to 3 mills. (See appendix, p. 273,) H. J ., 1871, auditor's report...... $1, 067,249 90 And this enormous reduction to less than one·third the fonner levy has been .Amount disbursed between January 6, 1870, and March 11, 1870, (ap­ pendix. p. 120,) H. J. 1870, $72,195.84, also amount disbursed from :<;>~:~~ ~;~d~~:~~~~dtg~!tR~~~=~;;ti~::~f'TI;:s~f:pairing the· January 1 to January 6, 1870, inclusive, $13,598.41-mak:ing a It is said by some of the opponents of the Democratic party that though th total disbursed January 1 to March 11,1870...... 85,794 25 State tax has been reduced, county ta.x:es have increased and that State and county taxes combined are as high as under Republican rule. This is not the case. "Wllich l:J.St amount deducted from total disbursement for 1870, and The following- table, prepared from official records in the auditor's officE', bowa. finu di. bn:rs ments of March 11, t() December 31, 1870, inclusi>e.. 975,455 65 the truth. Thts table shows the amount of taxes, State and county, le>icd in 1874. 1882. CONGRESSIONAL RECORD-HOUSE. 3421' ------~------.and 1880. t-he total of county tax being made np from the average tax levied by STATE Al'I'D COID"TY TA-'t. the countieiJ. each year being averaged on the same principle: 1874. 1880. FOR THE YEAR 1874. Adams ...... $31 75 $2'2 Of Alcorn...... 23 00 18 00 ..J..otal :tmonnt State tax on property in 1874 ...... $1, 568,357 52 Amite ...... 25 00 16 00 'Total amount Slate teal)hers tax in 1874 ...... 627,342 98 Attala ...... 25 00 16 00 Benton...... 32 50 14 00 2, 195, 700 50 Bolivar...... 30 00 18 00 I~~c~~~u~;~~-l!~- i~·ia7·4· .·.· _·_-_-_·_·_-_-_-_-_-_-_-_-_-_-_-:·_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 2,igf;J: gg Calhoun ...... 25 25 30 00 Carroll ...... 25 00 13 00 Chickasaw ...... 34 30 20 00 ·Total ta.....: lened in 1 14 ...... 4, 448, 081 80 Choctaw...... 31 00 13 50 FOR THE YEAR 1880. Claiborne...... 24 50 13 50 Total amount State tax on property in 1880...... 345, 391 !l5 Clarke...... 30 00 15 00 Coahoma...... 29 00 20 00 .AggrPf~::lc~~~~!;~~~~ i88(i."."~ ~-- ." _-_- .": ~~ _-_- ::::: _-_- :::::::::::: 1, t~~; ~~ ~g 13 50 19 00 Total lax: lened in 1880 ...... 1, 996, 392 31 2r::~~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~; g~ 17 25 De Soto...... 19 20 850 Many counties were burdened with debt tlnder Radical rule, which had to be Franklin...... 28 00 19 00 amid by taxation oth. erwise there would have been a greater reduction of taxes. Greene ...... 25 00 16 9 A table of counties bowing the per cent. of county levies, published by the Grenada...... 42 50 19 00 Republican and Greenback committees, does not show an increa e of taxation. Hancock...... 32 50 15 00 'Though the per cent. on the tate tax is increased, :ret the decrease of tile latter Harrison...... 22 60 11 21) :makes the county tax less in 1880. Hinds ...... 2-5 43 1100 Thus, in Adam County, tile State tax was 10 mills, with. 4 mills for State school Holmes ...... • ...... 25 00 15 00 tax; tile per cent. on tate tax, say 10 mills, levied for the county, was 177. The 15 00 "State tax in 1880 was 3 mills and the county levy 633! per cent. Thus, in 1874 the ~~Ja~b::::::::::::::::::::::::::::::::::::::::::::: ~::::::::::::: ~g gg 15 00 "State and county tax in Adams was on $1,000 of property, $31.70. While in 1880, Jackson ...... 30 50 14 10 ·state and county tax on $1,000 wa $22. · 1'2 00 In ordl'r to present an illustration of the contra t, attention is called to the ~!ffe:~~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~ ~g 13 50 -county of Hinds, the county levy being in fact made on 14-mill State tax. Jones ...... 31 50 1;) 00 In 1874 the State and county taxE-s levied in Hinds was $224,731.27. In 1880 the Kemper...... 3~ 00 16 80 .State and cmmty taxes le,'ie«l in Hinds County was $73,869,71, the reduction being La Fayette...... 24 00 12 50 • 1G0,861.56. Lauderdale ...... • ...... 25 00 15 9G And in this tax fur 1 0 wa~ inclurletl $4,92!>.61 on account of N.J. & C. R. R. Lawrence ...... 24 00 HOO bond debt. Leake ...... 26 50 15 50 In an appendix will be sN•n :t table of countie showing_ !he actual total of State Lee ...... 29 00 15 00 .and county taxes for the year Hl74 and 1 0, compiled by lllr. C. F. Hemming-way Lincoln ...... 24 70 20 00 !from tbe records in tlJC anclitor's oftice and certified to by tile auditor. Lowndes...... 29 00 10 50 FOilFEITED Lfl'DS. LeFlore ...... 25 00 12 60 llidison ...... ·...... 25 00 1250 The ui<;tress inflictecl upon taxpayers and tile de truction of property intere ts M:uion...... 25 00 2.0 00 were con picuously disclosed by the whole ale condemnation of lands in the State. Marshall...... 2 00 1150 In 1876, wl1en the Demoeraue party came into power, the lands forfeited for Monroe ...... 25 50 15 00 taxes to the State amounte«:l1o 6,000,000 of acres. 15 00 Till. being equal to one-fifth of the entire area of the State of Mis issippi. ~~~~gg:_~~~:: :::::::::::::::::::::::::::::::::::::::::::::: ::::::: ~ ~g 15 00 Attheyre cuttime, from estimates furnished by the auditor's office, theamount Newton...... 24 00 13 00 ·of these forfeited lands has been reduced to 3,000,000 of acres, and is being further N oxubee...... 28 00 12 50 rapidly diminished by sales and redemptions. Oktibbeha...... 37 70 20 00 It i8 sa1d by some of the opponents of the Democratic party th.at values have Panola...... 24 00 15 00 .decreased, as shown by the assessments of 1874 or 1 75 and 1879. 15 00 If there has been an actual decrease of values, it is only another argument in ~iki. :~ ~ _. ~ :: ~ ~ ~ ~:: :: : : : ~ :: : : : : : : : : :: _. ~ ~: :: :: :: : : ~ ~: :: : : : : : : : : ::: :: : ~~ gg 13 50 favor of Democratic administration, as notwithstanding that fact, the mte of tax­ Pontotoc...... 20 20 15 00 ation has been reduced. Prentiss...... 22 50 10 00 There has not been during Democratic rule in th.is State anything to indicate Quitman ...... 16 00 that capital or property fear11 a Democratic administration, or that they have not Rankin...... • • .. • ...... 24 00 16 50 had ample protection. Scott ...... 24 00 10 59 It is a fact that forei~ capital is being; invested in this State in lands and rail­ 20 ()() road enterprises. And 1t is very certain that th.is ,n.n not be checked by a. continu­ 22 50 ation of Democratic administration. ~;r~~~--~-~-_:_~~-~-~-~-~- ~-~-~-~-~-~-~-~-:- :- ~-:~-:-::~-:- :-: ~-: ~- :- :-:-~-~-~-~-: :- ~- ~- ~-~-~- ~- :-~-::::: ~:::: .. ~~- gg 16 3."> TJIE PUBLIC SCHOOLS. Sumner...... 25 1~ 26 00 Sunflower...... • ...... 25 00 15 00 The year 1872 is selected a the year of largest a.ttendance at the public schools Tallahatchie...... 27 50 21 00 ·dru-ing Radical rule. The records show for that year the average number of chil­ Tippah...... 31 50 12 00 ·dren in attendance to have been 125,000, and the expenditure for that :rear was 13 50 -$1,136,987.95. R:!~~~-~~:::: ~~--~ ~ ~: :~~: :::::::: ~:::::·.:: ::: ~::: :: ·. ::: ::·. ~:: :::: ·. ~~ ~~ 13 50 In 1880 the averaerage on all counties...... '27 4::i 15 81 These figures fairly show that greater educational benefits aro provided and Au"DITOR'S CERTIFIC.. Ht . .aetually reach a larger number of children than under Radical rule, and at a greatly reduced cost. I, S. Gwin, auditor of public account for tile ·state of .Mis. is ippi, do hert.by This record deserves the approv!ll of all fair mind::-d people in the State, regard­ certify that the amounts set opposite the name of the several counties in the above s of party affiliations. statement show the total St.ate and county tax upon each $1,000 a se ed in each It shows clearly some of the reasons why the Radical pa~ was ly why the adminiStration of public only 10 mills of the State tax for 1874, and where the lene were made upon tile total ~ffairs should not be taken from the hands of the Democratic-Conservative party. State tax for 1880. FRANK JOHNSTON, Given under m:r hand and eru of offire, September 27, 18 1. Wl'n State Dem. Oon. Ex. Oom. . GWIT, Auditor. MARION SMITH, D.P. PORTER, Calhoun County showing an increa ell tu~ in 1 0, i. explained by the following Secretaries. certificates: I certify the records in auditor's office bow that 666} of the 900 per cent. county The statistics ill the above circular showing the expenses of the State govern­ lery in Ca'ibotm County was on account of two Federal court judgments. :ment and the tax levies, are true and correct as shown by the official records of S. GWIK, Auditor. the auditor's office. .And the statement showing "a>erage" county taxes for 1874 SF.PTEill!ER '2 ' 1881. .:and 1880 is a fair statement of said average. J. M. BUCKLEY, SEPTEJIDE.R 19, 1881. Deputy .A.ttditor. The judgments a~~st Carroll County were rendered on county bond js ned in 1871. Wugent & Mc WillieJ.. attorneys at law, were attorneys for tile plaintift's in the nits in Federal court at vxfor in the North than in the South-I never knew anywhere that power is entitled to a seat on this floor Y did not seek to exert its influence at the polls over those whom it It will not do for gentlemen to say, for instance, that the 2,000 votes. could control. Capital, which holds the wages oflabor in its hand, thrown out in Warren County ought to have been counted for Lynch will influence the laboring-man, and he will in a large degree yield because they were excluded, as gentlemen may say, upon a mere to that in.fluence, because his head may depend upon 1t. technicality. The law has thrown around elections, not only for Mr. ROBINSON, of Massachusetts. I suppose the gentleman from the protection of the elective franchise in the voter, but for the pro­ Virginia does not take it for granted that because we do not get up tection of representation in this House, certain safeguards which here and interrupt him we therefore conf~ his statement to be trne f have to be complied with, or the vote is illegal. As the law is a pub­ Mr. TUCKER. I understand. I do not believe my honorable lic one, and therefore every voter must be presumed to know what friencl from Massachusetts [Mr. ROBINSON] or the other gentlemen the law is, and what is necessary to make his vote valid, if he de­ who ha-.e denied my proposition have ever taken any part in this clines to use those guards which the law has thrown around the­ bulldozing influence. exercise of his right of suffrage, his vote must be excluded as not Mr. ROBINSON, of Massachusetts. Ahl there is more than that. having been ca~t at all, because cast illegany. Now, let me take up Mr. TUCKER. And I do not mean to s:ty that they know oon­ the first case involving this question, because if that is decided in trary to their own statements; of course they do not. favor of General Chalmers there is no longer any question in regard' .Mr. ROBINSON, of Massachusetts. And we do know contrary to to this contest . yours. If the 2,000 votes excluded by the commissioners of election in Mr. TUCKER. You do know contrary to mine f Is the gentleman the county of Warren were properly exclndei as illegal votes, then then one of the employers f General Chalmers is unquestionably entitled to his seat. There is Mr. ROBINSON, of Massachusetts. No; but I know what trans­ no dispute about that. The question then is, Did. those 2,000 voters. pires pretty well there. illegally cast their votes f Mr. TUCKER. Oh, yes I I have here, through the kindness of the chairman of the Com­ Mr. ROBINSON, of Massachusetts. I know better than the gen­ mittee on Elections, the orioinal tickets voted in that election. tleman from Virginia possibly can. Upon them there are certain ~shes and marks besides the names oi Mr. TUCKER. I will not dispute with the gentleman as to onr the parties voted for; and the question is whether those marks and means of information; but I say, and I throw out the remark broad­ da-shes, or whatever else you may call them, make the ballot an cast, that there never has been in the history of any country a sys­ illegal one. Let me look at the statute. It provides in section 137: tem existing where there was a wealthy employer with hundreds or All ballots shall be written or printed in black ink. with a. space not less than thousand13 of employes under his control who in some way or other one-fifth of an inch between each name, on plain white printing newspaper, not did not bring to bear his own intelligence and his own influence upon more than two and one-half nor less than two andone-fourth inches wide, without the votes of those men when a question was raised that involved his any device or mark by which one ticket may be known or distinguished from another, except the words at the head of the ticket; but this shall not prohibit interests. the erasure, correction, or insertion of any name by pencil mark or ink upon the­ Mr. ROBINSON, of Massachusetts. That may be all true, and it face of the ballot; and a ticket different from that herein prescribed shall not be­ may not be an improper influence. received or counted. :Mr. TUCKER. Oh, not improper. And I say it is not improper Gentlemen have said that most of these laws refer to the marks on down here. the back of the ticket. Let me dispose of that question at once. MI·. ROBINSO:N, of:Massachusetts. Iamnotdlsputinghisproposi­ Every inhibition in respect to these tickets applies to marks on the­ tion as to "down here" at all. face of the ticket. The distances between the names, the marks or Mr. TUCKER. Yes, sir; or there either. devices on the ticket, the erasures cfr corrections, have all reference Mr.' ROBINSON, of Massachusetts. I simply rose to speak for to the face of the ticket; and the name at its head mal:!t necessarily lfa.ssachusetts, about which I know. v be on the face of the ticket; so that the law proposes to inhibit these· Mr. HORR. I would like to ask the gentleman from Virginia [Mr. various marks or devices, or whatever else they may ue called, on TucKER] one question. Is he not familiar with this fact, that all the face and not on the back of the ticket. There can be no ques­ over the North the Democratic party in every district, so far as my tion about that. experience goes, gets the most of ita vot-es right in the manufacturing Gentlemen say that the marks on this ticket are very small-too portions of the district Y Is not that true 'f small to have been noticed. Here, lfr. Speaker, the qu8Stion is, How Mr. COBB. It is not true. large they must be in order to be illegal Y If these are too small to l\Ir. HORR. It is trne in my district; it is true in my State. be noticed, how much larger must they be in order to be within the­ Mr. TUCKER. I am not aware of that; but to the contrary. inhibition of the statute Y As some one once remarked, a rat-hole in Mr. TOWNSHEND, of illinois. The mass of the laboring-men be­ the dikes of Holland would let in the ocean. Where the statute in­ long to the Democratic party, and consequentlytheywouldnaturally hibits a mark or device on the face of a ticket, the mode of constru­ vote in that way. ing the statute is to say it is mandatory-that there shall be no mark Mr. HORR. Then, if we compel them to vote as we please, how at all. Bat if the gentlemen say that the mark is too small, let me­ do they vote the Democratic ticket f look at another aspect the question : is Mr. TUCKER. I have only this t-o say: I understand it per­ It is obvious that the name of the ticket at its head and the erasures and cor­ fectly true, and well understood, that a large mass of the laborers, rections of names on the ticket refeiTed to in the statute must be on the face of" of the empleyes in the iron and steel furnaces and founderies ofPeun- the tic:.tet. '3424 CONGRESSIONAL RECORD-HOUSE. APRIL 28,

It is obvious ifthesehadnot been excepted that the statute would should be protected from being cheated into voting a ballot accord­ have forbidticket, or " The Democratic Ticket" at the head of one and " The him by some person in whom he had confidence. R epublican Ticket" at the head of the other would have been illegal. Mr. HORR. That could not occur unless both side marked their It is also obvjous that except for the exception contained in the tickets. statute the erasure of a name on either ticket by a mark being drawn lli. TUCKER. That is true, but you will .find that Lynch was through it would have been inhibited by the statute, because the anxious, as he states, that his tickets should be made like the Dem­ . tatute says that no mark or clevice shall be put upon the ticket; ecratic tickets. The only object of this, if both had had the same unt it tllcn adds that this shall not prevent an e1·asure or correc- marks on them, would seem to be in order that this deception could be tion of a name on a ticket. The erasure of a name on a ticket practiced. I do not mean to chaige that that was absolutely the would have been within the inhibjtion of the statute if it had not ca. e, but arguing from a legal stand-point the only object would been excepted. Ancl what is that erasure f Merely passing the pen seem to have been to create tl;,tis possibility, and the very purpose through the name, either pen or pencil. But this would not be as of the statute was to prevent this, so that no voter should vote a. ...ustiuct a marlr as those to be found on these tickets. Therefore, we ticket upon the mere marks upon it, by which he could distinguish ll:£ve clearly from the words of the statute itself a rule for its inter­ it, but should rely only upon the names read to him by some friend pretation. A mark as delicate as a mark for erasure on the ticket in whom he had confidence. The purpose of the statute was to ex­ would have been within the inhibition of the statute if it had not clude every mark, not only every device upon the ticket, but every . .en expressly excepted. Now, look a·t these tickets. There are on mark of any character by which the ticket might be distinguished t hese tickets, fir~t, under "Republican National Ticket," a very clis­ otherwise than by the names printed or written upon it. This being t iuct mark; then, under the name of '' Garfi.e in a ticket witlJont an eagle was !let down as So the purpose e>idently was to have the same marks on each and ::tnti·German and exposed to the animo. i.tv of that party. Another objection is all the tickets. Now, :Mr. Speaker, gentlemen have said that there that these symlJOls of party increase that neat which it Ls desirable to assuage." was no purpose in these marks, no fraudulent purpose. I do not Yon will see that McCrary states the very reason upon which I desire to charge fraud upon anybody unless I know that fraud is in­ have relied as the grounclwork of the whole ballot system. tended, but it is a very curious thing that Lynch and Wright both If these reasons apply to this statute of .Mississippi, on what ground state in·the conversation about the tickets that Wright contracted is ~t that gentlemen shall rende1· that statute nugatory, null, and that he would print the tickets so as to stand against all dispute, and vo1d, me1·ely because they say these clashes and these marks were not he promised to defend them if disputed. Why, sir, if there was not a sufficiently huge to bring them within its prohibition f doubt in the mind of the parties at the time they were printing the But, sir, there was another reason, and I desire to call special at­ tickets with marks, if it was not in their minds a question of don bt­ tention to it, because it is stated as one of the reasons which led to ful legality, why did they talk about it Y It was the Vicksburgh the adoption of the statute, in one of the depositions to be found in Herald man who afterward did defend the tickets. In other words, the record, pages 36, 37, in Tinney's testimony; as follows: there was a talk between these men, that the tickets should be printed with marks, but so as to be just outside of the prohibition of the law, Somo of them printell in •arlous colored inks, some with green backs, showing fielavored to show. • were frequently gotten up by the opposincr candidate. When I speak of inllta­ Now, I say, and I ask lawyers on the other side of the House if tion tickets, I mean these sort of ticket.<;-tickets bearing the::;emarksordevices. they can fail to agree with me, if these parties have tried as the tes­ He speaks bf that as the pre-existing evil which led to the enact­ timony shows to see how close they could come to the boundary line ment of the statute. They were marks by 'vhich one man might be between legal and illegal tickets by putting these marks upon them, . deceivccl by another. You can readily see how that deception could that it is a violation of the statute, and that it is sufficient to inval­ be practiced. Suppose a colored man who was a Democrat was told idate them in the eye of the law' . by my Democratic friend before me, " Here is a Democratic ticket 1\lr. f!ORR. Let me ask the gentleman a question. with certain marks on it by which you may know it." Suppose the l\fr. TUCKER. Certainly. Republicans found out the marks which were upon the Democratic 1\lr. HORR. Suppose the tickets had been printed, instead of in ticket and wonld put the same marks upon the Republican ticket; large-sized type that the Republic~n tickets had been printed in very _.and they would meet a Democratic voter and say, "·we know you small type, would that have been a violation of the statute f . are a Democrat. You see this is the ticket." [The poor fellow can­ 1\lr. TUCKER. I do not think it would . not read.] "It is the ticket you are going to vote for." He would .Mr. HORR. 'fhen that would have been a distinuuishing tlevice, be deceived by the marks and vote the "'Tong ticket. The purpose a.ncl would they not have been a.ble in that way to ~ave recognized . of the statute, therefore, was to exclude every mark except the the tickets ? names on the ticket, so that the colored man or any other ignorant :Mr. TUCKER. They might, but the statute does not prescribe the man who would see the ticket with no mark on it but the printed style or size of the type, but it does distinctly forbid distinguishing names (1:.one of which he could r ead) would go to some friend in marks. whom )le could and did confide, and say, "I want to >ote the Demo- Mr. HASKELL. I want to ask my friend from Virginja ·what iu ·-cratic ticket; tell me whether this is t.he ticket I want to vote." his mind could be gained by the Republican candidate uy ha>ing the ' Then hls friend would reacl out the names to him, which would a sure ticket marked in that way? What advantage would there bave · him he was voting according to his purpose. But if there were marks been to Mr. Lynch in marking them f . on the ticket, such as he had been aAsnred were peculiar .to the Mr. TUCKER. I am arguing, if my friend will allow rue, a to the Democratic ticket, he would ;vote on those marks without having purpose of the statute in excluding marks of all kinds from the tick­ the ticket read to him-marks put on the Republican ticket, the same ets, lest the >oter should rely upon certain marks rather than upon . as those on tho Democratic ticket. The marks would mislead him. the names printed upon the ticket, the object bein~ evidently to pre­ Their absence, if he could not 1·ead a.t all, would induce him to rely vent tlte voter from being decoyed into voting agamst his principles on the reading of the ticket as the gnide to his intelligent exercise by being imposed upon by designing persons and made to vote a .. o f suffrage. And so "L'ic.e t·e~·sa. tick~t to which he is opposed: The 1mrpose of tlle statnte, the1·cfore, was that the jguor:.tnt voter Mr. HA.. KELL. But these were ull Republica~ supporters of 1882. CONGRESSIONAL RECORD-HOUSE. 3425

Lynch, and the mark wNe on the inside of the ticket,_ so that when punctuation point is not within the prohibition of the statute, then it wa~ folded it could not be een or the marks recogmzed. he will enlarge the point; and if I say that is not within the prohi­ Mr. TUCKER. The gentleman here assumes the whole proposi­ bition of the statute, then he will enlarge it still more; and the tion. I will come to that directly. I was calling attention t.o the effect of that kind of construction of the statute would be to render fact that the statute prohibited all marks of any character. Now, I it entirely nugatory.. Therefore, I say the place to st.op is on the understand it has been stated by witnesses here that some of the threshold by asserting that where the statute com&ands that a t ickets cast for Mr. Chalmer were printed in the same way. That ticket shall not have any mark upon it or any device, then if it mi,.,ht have been the cr.se, but it does not affect the argument. I has any mark upon it it is within the prohibition of the statute. me~n to ay that the rea ons w by distinguishin {'f' marks were excluded I have argued this question thus far upon the mere reason of the J,y the statute of Mis issippi was lest those who were disposed to do rule. If I had been a judge on the bench, from the view I take of 1'0 migbt mislead t.he irrnorant Yoter; and hence if marks of a char­ this case, I would have said as the supreme court of Mississippi said, acter which would indicate the ticket were printed upon them, they that these ballots were prohibited by the statute. necessarily come within the prohibition of the statute. 1\Ir. HOOKER. Without the question of intention entering into it! Mr. Speaker, one of the queerest things in this record a you will Mr. TUCKER. Yes, without the question of intention entering fintl on page 48,is the singularinterpretation given by~Ir.L~chin into it at all; because the question is not whether the party had in­ h i tleposit ion, to the tutute. After spea.king of the Chalmers ticket, tended it. He must be presumed to have intended to nolate the }J ay : law where his act is a violation of the law. This, it will be observed, ha no rules, dashes, or punctuation. I in>ito- 1\Ir. RANJ:\TEY. Will the gentleman 1wrmit me to as]>: him one llc says: other question T ]XHticular attention t<> this Hcket and shall maintain that the utter absence of 1tlr. TUCKER. Certainly. 01ll rules, dashes, and punctuation marks of all kinds is itself a device. This 1\Ir. R~'NEY. I desire to ask the gentleman whether he supposes tlc.b: tis identified, &c. the Le!rislature of l\lississippi intended in passing that law t.o haYe­ That is to say, becau e Chalmers's tickets did nothaye these dashes printed such a ticket that an ignorant man who could not read would :mll marks which were upon his tickets, he was going to maintain not know. what it was f that the absence of these da be , &c., was a device which would in­ Mr. CALKINS. Without O'etting omebody to read it for him. validate Chalmers's ticket . Now, Mr. Speaker, I put it to this Honse Mr. RA1-.TNEY. Whether the law intended that an ignorant man i fthe al>sence ofmarks upon Chalmers's tickets which were on Lynch's should not know what his yot-e was f tickets was sufficient to inYalidate Chalmers's tickets, when the ab­ 1\Ir. TUCKER. Yes, siT. ~ncc of marks was not only provided for but enjoined by the stat­ 1\Ir. R~TJ:\"'EY. Does not the constitution of 1\fis i sippi permit an ute. How can he escape the conclusion that the presence of those ignorant man who cannot reacl or writ to Yote 't very marks, the absence of which he said would constitute a dis­ Mr. TUCKER. Yes, sir. tinguishing clevice or mark-that the presence of those very marks, 1\Ir. RA.:.~""EY. Then if he cannot read or write, how in the world whon they were prohlbiteu by the statute, is itself a mark and de­ is he goin{'f' to tell his ticket 7 vice within the prohibition of the statute 7 I repeat, 1\Ir. Speaker, Mr. TUCKER. Well, he could get somebody else to read it for Lynch says that the ab.. enceofthesemarksis itself a clevice. Their him. I understand my friend from Massachusetts [Mr. RA...~""EY] to­ :-~b once cannot be a dc>ice within the prohibition of tho statute, be­ maintain (in which I think he gi>es away his whole case) that theS{} cau e the statute prohibit all marks aud devices. Then, if the ab- marks were put upon the ticket in order to enable the ignorant voter enoo of the e devices which is enjoined by the law was a sufficient to know that he was voting the Lynch ticket. If so, then it was a. distinction from his own to constitute a mark which he thinks is fraud upon the ballot. In other words, I understancl my friend to say vithin the prohibition of the statute, of course their presence on that a man il:! not to be brnided as to his Yote by what is print.ed on hi ticket when they are 11rohibited by the statute is a sufficient the ticket, but by these very marks. Yet that is the fraud which mark of distinction to lJrin~ them within the prohibition of the stat­ the Loo-islature intended to prohibit. ute. There is no es<'apillg -the conclusion. Mr. RANNEY. Will the gentleman permit me another que tion f l\Ir. RA.t'n\"'EY. Will the gentleman allow me to ask him a que - 1\Ir. TUCKER. Certainly. tlon. 1\Ir. RANNEY. Is it not a special n1lo of law that every statute ::\Ir. TUCKER. Certainly. should have a reasonable construction f ~Ir. R~'NEY. Suppo e ·the Democratic ticket, instead of being 1\Ir. TUCKER. Yes, sir. printed without any punctuation marks at all, had had commas or 1\Ir. RANNEY. And that if a certain construction leads to an semicolons difftinguishing the names from each other, would that absurdity, that construction shall not be adopted 'I h.ave been a nolation of the tatute y :Mr. TUCKER. Yes, sir; and I say, with great deference to my ~rr. TUCKER. I doubt whether it would have been. learned friend, that I think the construction he proposes is, as I hav6 Mr. RANNEY. What is tho difference between one punctuation shown, an absolute absurdity. · JUark and another in this connection Y 1\Ir. RANNEY. One word further. · Mr. TUCKER. Ah! but this is not a punctuation mark. My Mr. TUCKER. Certainly. learned friend from Mu · achu.setts is very astute-- Mr. RANNEY. Will you say that anything that is offerNl for a ~lr. RA!\"'NEY. Is not a da h a punctuation mark f ballot, which contains only simple, ordinary printing, comes within :Mr. TUCKER. I soe what my learned friend is proposing. Upon the purriew of that statute 1 mv admission that a comma would not be a device or mark he would Mr. TUCKER. I say·that any mark, which my friend from Ma a.­ sa~- these dashes woulu not bo a device or mark; and then if I admit chusetts [Mr. R.AN:to.~Y] says is put upon a ballot to enable an igno­ that, he would say, " uppose they were made a little bigger, would rant voter to know what ticket he is voting without having it read they then be within tho statute; and if not, then if made still u, to him, is a mark or device within the prohibition of the statute. little bifYger than that would they beY" . Now, I take his confession as a confession that Ml.'. Chalmers should :Mr. R~"'NEY. I would lla>e the gentleman look at the Demo­ retain his seat. And I am very much obliged to my friend for haY­ <•ratic ticket , on which, or 011 part of them, he will find the word ing put the case so clearly, or enabling me to do so. '' ticket" in large letter·· followed by a large exclamation point. Now No~,Ihavearguod this question upon the reason of the law. I say I a k the gentleman what is the difference between a large scream­ that if the secrecy of the ballot was destroyed, (for these marks could ing exclamation point a a mark and a dash when simply used for be seen throu~h the ballot,) ancl any gentleman can see thn.t such th legitimate purpo~e of printing 7 is the case if ne will examine one of the tickets, and the testimony ~[r. ~TUCKER. I haYo not examined that. I did not notice the so shows, if the secrecy of the ballot was destroyed by the use of thi exclamation point. Ther wn · no objection made to those tickets class of ballots, then the reason of the law as well as its letter wa that I ha>e keard of. absolut-ely violated. ·Mr. R~""NEL The Democratic ticket has got a heading in large 1\Ir. RANNEY. Will the gentleman permit me one other question Y Jlrintecl letters, and aft-er it a large screaming exclamation point. Mr. TUCKER. Certainly. Wbat is the difference between them f The one is horizontal and Mr. RANNEY. I would ask ihe gentleman if the object of the law tbo other is perpendicular. was not to prevent an ignorant voter from knowing what his ballot 1\h-. TUCKER. I take the difterence to be this: here is a name, was, but to compel him to ask somebody else to read it and tell him, ': •. P. Nielson." There is a 1mnctuation mark-a period-after ea-ch how does that preserve the secrecy of the ballot 1 of tho initial letters. That i the ordinary mode in which the initials Mr. TUCKER. It preserves the secrecy of the ballot from all that of a name are kept apart in ordinary printing. the voter does not want to know about it. · l\lr. RAl-I"'NEY. Without a punctuation mark, a comma or semi­ 1\Ir. RANNEY.' The supreme court says that the object of that colon, it would be prlntecl a one name, like an Indian name. was to preserve the secrecy of the ballot; yet the effect of it was to ::\lr. TUCKER. I say whcne>er any punctuation mark usual in oblige the voter to disclose whom he intended to >ote for. 11riuting is used, nece sarily to indicate a distinction between two :Mr. TUCKER. My learned friend kno~ that· in this ca c it is ])art · of u, sentence, that would not be in my opinion a mark or shown, as in every other under this ballof system, tha.t a man yecy Nh·ice within the prohibition of the statute. often comes up and votes an open ballot. 1s that a void ballot! If ~Ir. RA.N~Y. Snppo e !l dash is used simply as a mark separat­ he choose to disclose it, as I always do when. I Yote, that does not ing the words f void the ballot. It is to conceal from anybody that the yoter does .Mr. TUCKER. But that is not the case here. I am not here to not choose to admit to his confidence the way he is going to vote. go into all the distinctions gentlemen may draw. I repeat, that the But my friend says the ear-mark is to be put on the voter, and he is :.u:gnment of the gentlem::m amounts to this: that if I admit that a to vote as his employer says he hall vote or he is not to vote at all~ XIII--215 3426 CONGRESSIONAL RECORD-HOUSE. APRIL 28,

Now, a~ I have said, I have discussed this case merely upon the dam us should issue in that case to the commissioners of election, was reason oflaw. How does it stand upon authority! I think the au­ unquestionably within their jurisdi~tion. if thorities sustain the views that I have taken. But the authorities 1\fr. RANNEY. · ~he gentleman will notice the languarre of the ' elsewhere do not, how is it in the State of Mississippi t In the case court: ''The court of the State have nothing to. do With this mat­ of these very ballots the question has been distinctly tried and has ter." ·Hence, as I understand, the court does not undertake to de­ been adjudicated. cide the question in that case, but goes on to say in substance, "As I call the attention of :my learned friends on the other side of the there are criminal cases somewhere in the State that may possibly House to this fact, which they will find by reference to the record some time be tried, and in which the district attorney would like our ofthis judicial procedure, that the parties defendant demurred to opinion, therefore we express our opinion." I would like to know the petition for a mandamus on two grounds, and those two grounds how that is a decision in this case-how the matter is within the were the grounds which were decided by the court. It is true the jul'isdiction of the court, and whether the opinion given by the court subsequently made a decision on another ground. The two court is not obiter dictum. grounds that were stated in the demurrer to the petition for a man­ lli. CALKINS. The very point being that if this board under the dantus were the points that were :first decided by the court. The law was functus officio, then there was no proper party, and the court third point was the point which the court raised itself, and said that was without jurisdiction. Hence how could it pa-ss on the question Y they might have decided it upon that ground alone without going 1\Ir. TUCKER. I admit that at the time the rnandanttUl was sought to the other. to be brought to bear on the commissioners of election they were functi Mr. CALKINS. Right at that point I wish to call the attention officw. But the question was whetherthatpoint and two other points of the ~entleman to one fact, that the demurrer confessed the facts were not raised by the demurrer; and I say that upon the points stated m the bill. raised by the demurrer the court decided; and they decided that as Mr. TUCKER. Unquestionably; we all know that is the effect of the commissioners were functi officio there was no longer any ground a demurrer. upon which the court could give them any command to recanva-ss Mr. CALKINS. Before you pass from that argument perhaps you the vote. Still while this House is the judge of the election of its mi

leO'al possession as gi>es him authority to prove them by his certifi­ I hurry to a conclusion, for this question will be discussed by other cate. But it is said, and I understand that is admitted by the report gentlemen, and upon these last two points more fully. of the majorit,y of the committee, that standing on that alone they Now, I put it to my friends upon the other side of this Chamber, could not gi·ve this vote in Issaquena County to Lynch. if we are to decide this case according to the law, if we are to count ~lr. CALKINS. No, yon could not. no votes but those which were leO'ally cast, cast according to the .Mr. TUCKER. Yon admit that7 statutory provisions of the law of ifusissippi, how can you count the Mr. CALKINS. Not on that certificate. votes that were excluded in Warren County, that were excluded in l\Ir. TUCKER. What else couldyoustandon 'i Upon whatothed Issaquena County, or that were excluded in Bolivar County, for the l\lr. CALKINS. Not standing alone. contestant f And if you exclude either one of them Chalmers is en­ i\Ir. TUCKER. Then my friend says, on neither leg could he stand titled to his seat. And bow can you avoid that except on the supposi­ alone, but upon both; when he could not stand on either, he could tion that these 2,000 votes would-really, if they had been legally cast, upport it on both. Upon what principle I suppose upon the prin­ have been cast for Lynch 7 We have no right to count any vote as ciple that two n~~atives make an affirmative, and two nothings make cast for either of these parties that was not cast according to the something. Well, now, sir, I say that the idea of giving a man a title law of Mississippi. Such a vote is no vote at all. We are not en­ to a seat upon this floor upon two pieces of evidence, neither of which titled to guess at what would have been the result of the election. is legal-- We are here only to determine who was elected by the voters who Mr. CALKINS. Both are legal. were legally entitled to vote, and who voted as the law prescribed · l\Ir. TUCKER. How legal 'i Had the chancery clerk the pos es­ they should vote. Count those votes and Geneml Chalmers is elect­ sion of the vouchers Y ed. And I ask on what ground is it that the Republican party of l\Ir. CALKINS. He says so. this House should exclude General Chalmers from liis seat when, :Mr. TUCKER. Why, do I understand my learned friend, the chair­ according to the law of the case, he is fully entitled to occupy it f man of the Committee on Elections, to saythat if! choose to certify ~Ir. Speaker, I thanktheHousefortheirattention and submit the that Mr. Chalmers had 2,000 votes in a county in Mississippi, and case as far as I am concerned. that 1\Ir. Lynch had only 1 vote, and that upon my own averment MESSAGE FROM THE SE...'{ATE. that I have the right to make that certificate, be will take that mere A message from the Senate, by Mr. SYMPSON, one of its clerks, ipse dixit of mine as legal f · informed the Honse that the Senate agreed to the report of the com­ 1\Ir. CALKINS. I do not like to take up the time of the House, be­ mittee of conference on the disagreeing votes of the two Houses on cause I know that other gentlemen wish to be heard in reference to the amendments of the Senate to the bill (H. R. No. 1049) to promote this case; but I will say to the gentleman from Virginia, if he will the efficiency of the Life-Saving Service and to encourage the saving permit me to interrupt him, that I do claim, by necessary inference of life from shipwreck. · under the law of Mississippi, that the circuit clerk is entitled to the The message further announced that the Senate had passed with­ possession of these papers by law. That, I hold, is a necessary infer­ out amendment bills of the House of the following titles : ence of the law. A bill (H. R. No. 5908) making an immediate appropriation for 1t-Ir. TUCKER. What law f the removal ofobstructions at Hell Gate, New York; and ~Ir. CALKINS. The code of 1880. A bill (H. R . No. 5352) to amend the laws with reference to elec­ ~Ir. TUCKER. Will the gentleman refer me to the section f tions in 'Vest Virginia. Mr. CALKINS. I cannot go further now, but I will come to that The message further announced that the Senate had passed a bill when I have the floor. · In this instance the circuit clerk and the of the following title; in which the concurrence of the House was chancery clerk are one and the same. requested : · 1\Ir. TUCKER. Where is the evidence of that fact 7 A bill (S. No. 1609) making an appropriation for continuing the 1\Ir. CALKINS. It is a matter of public notoriety just as much as improvement at Charleston Harbor. the fact is known that 1\Ir. Lowry is the governor of Mississippi. 1\fr. TUCKER. How is it, then, that the evidence is not sufficient 'i CO~STED ELECTION-LYNCH VS. CHAL."UERS. Ifthe gentleman says this clerk is entitled to have the returns, why Mr. ROBESON. 1\fr. Speaker, in the examination of this case I is it not ample evidence 'i shall endeavor to confine my remarks to a presentation of principles of law, upon which I conceive its settlement depends. These are le(J'al Mr. CALKINS. 1\fy friend knows the transcript of the custodian 0 of the Jlaper and the proper certificate prove that the papers are on ques~on~ rather than political, and depend upon the principles of file, and that is all the certificate proves. That gives a division of constitutiOnal rather than common law. In the discussion of them votes between the parties. The law says the commissioners shall we should bring to our aid all that we feel of attachment to law as the certify the vote ; one divides and the other certifies it, that is all. great safeguard of our liberties and all that we have of knowledge 1\Ir. TUCKER. The gentleman will :find that the tally-sheets of its great and governing principles. But we must be wise as well as Griggs certifies to are copies and not originals. There is not one of learned; a:J?-d we must not for~et iJ;l the discussion of gre.at principles these returns in this record that is original. These tallies are merely that there IS always a neutral regwn, where legal manms melt into copies, as I say, and not originals. You have not an original tally­ legal principles and where rules relax to admit the spirit of the law sheet. There is not an original return from Issaquena County which they are established to enforce. We should indeed be always careful he certifies to at all. Therefore the certificate stands upon nothing when we tread along that uncertain country, and should endeavor but his own statement that he is entitled to make the certificate, and t? mark our course and direct our progress by the great ideas which there is no law to prove it. lie at the foundation of the Government, which our action is in­ But, 1\Ir. Speaker, I shall hurry on, because I know that other tended to illustrate. Free government rests for its foundation on gentlemen will occupy the time of the House upon the other ques- the free expression of the people's will. Elections are the accepted tions raised here. · and legal methods through which that will is expressed and pre­ Now, sir, there is ·something else that is relied upon as sustaining sented. The machinery of elections, the re(J'ulation of ballots and this lssaquena claim, and that is the report of the secretary of state; ballot-boxes, of office1-s, lists, and records, the certifications of in­ but you will :find that the secretary of state says in the paper relied spectQrs, commissioners, and of governors, are the safe~uards of the upon that he does not give the votes that were cast for each of the free and fair exercise of that will and the p1·irna facie eVldences of its candidates at all. He only states the number of votes given at the expression and result. They furnish the prescribed and accepted polls; but as to the number for each of the candidates, they could primary evidences upon which, when uncontroverted, is determined not be correctly stated or ascertained. the question whether at the election a majority of the qualified voters Now, in reference to Bolivar County, I think the:I:e can be no diffi­ have cast their ballots for a qualified candidate. Unless the election culty; for there the votes that were thrown out, if, as is admitted is free it is no election, since it lacks its very essence. Unless it is by the majority of the Committee on Electioru;, they were properly c~mtrolled by the majority it does not fulfill the idea of representa­ thrown out, would give the election to Chalmers. And if this be so tive ~overnment. Unless there are officers who may primarily de­ the result will be 'as I claim, although I may be wrong on the first termrne who has received the majority there is no means of deciding two points. Now the only ground upon which the votes of Bolivar in the first instance that vital question. Unless they have the power County are sought to be counted is that the commissioners in their to judge and to certify we have no record of their decision. Unless letter to the secretary of state appended to their return give the this prima facie evidence, when controverted, is to be subjected to the reasons for rejecting them and give the votes that were cast, Demo­ great tests of legal judgment .and human reason~ then there is no use cratic and Republican. of higher courts to consider or superior tribunalS to decide. But they do not pretend to state that these votes were all cast for To preserve the purity of election, and to the end that the will of either Mr. Chalmers or Mr. Lynch. They say there were so many the authorized voter is not swallowed up and defeated by the action votes for the Presidential candidate, but whether these votes were of illegal usurpers of his power, qualifications are provided by con­ cast for the Democratic candidate for Congress or not they do not stitutional provision to limit and define the classes and the individ­ pretend to say; or whether the votes which were cast for the Repub­ uals in whom the elective power alone resides. Bvour Constitution lican ticket were cast for Lynch they do not state. In other words, it is provided that- • they do not say bow many votes were cast for Lynch or Chalmers. The House of Representatives shall be composed of members chosen every sec­ But then the ~entleman insists upon it that the statement of the com­ ond year by the people of the several States, and the elecrors in each State shall have the qualifications requisite for electors of the most numerous branch of the missioners reJecting the vote~ simply because they show how many State Legu!la.ture. votes wore cast, is a certificate of the votes cast for the candidates. In other words, that the negation of the votes that were cast out is By the fifteenth amendment it is provided that- t>o be taken as evidence that they were properly cast. How can such The right of citizens of the United States rovote shall not be denied or abridged a. ground be taken! ~i~ne 01J~~~~~~~~$ or by :my State on account of race, color, or previous con- 342 / CONGRESSIONAL RECORD-HOUSE. APRIL 28,

These are the general qualifications fixed by the Constitution of questions, and left open to us without technical re trnint every the United States for the electors of Representative in Congress. avenue for the investigation and establishment of truth. ·w o turn to the State constitution of each State to det-ermine the 'Ve are a court, then, of high equity, proceeding according to legal g-eneral qualifications of these electors by finding the general qualifi-· processes to investigate truthS, the conditions of which are defined and cations for electors of the most numerous branch of the State Legis­ :fixed by constitutional law, but untrammeled and unregulated in the lature ; and those qualifications under the restriction of the fifteenth order of our processes or the application of the principles by statute amendment make the qualifica-tions of voters for Representath·es in or organic law. We are the highest court on these subjects known to Congress, which no law of the State can add to or take away from our organic law; to us an appeal lies from all other courts who have bv direct enactment or indirect provision. or assume jurisdiction of them; and for the settlement of them we ·Other clauses of the Constitution provide and :fix the qualifications have all the powers of all courts. In the exercise of these powers we of the Representative. The spirit of our Government embodied in may not make new principies of evidence, for we are to judge accord­ its general system and the provision of the Constitution which I have ing to the logic of human reason and in the li~ht of civilized know l­ just cited unite to :fix and declare the governing and essential prin­ edge, and these have accepted and fixed certam generalsanctionsof ciple that if a qualified Representative receives, at a constitutional or~anized inv-estigation which we ~ay not disregard. But as wear election, a majority of qualified votes, he is entitled to ·his seat. left free by our own Constitution, so we are untrammeled by t:ate These are the essential governing, immovable, unassailable condi­ laws or State machinery in the investigation of truth and in the tions upon which rest all constitutional elections. There is the seat application to the principles of evidence. We are not to make new provided by the Constitution; there is the qualified member; there principles, because those principles are a part of the common law· is the majori~ of the qualified voters-the qualified Representative established by the centuries of civilization, the fruits of which w and the qualified majority give the seat. '!'hat is the end to be at­ enjoy and in the atmosphere of which we live. But we are a htw tained, and we only attain the end of free government and accom­ unto ourselves when it comes for the application of the admitted plish the free representation which our Constitution guarantees to principles of evidence, when it comes to the la t text for the estab­ the people when we put in the seat of the Representative the quail­ lishment of real truth and the actual carrying out of the requirement tied man who has receind a majority of qualified votes. These are of the Constitution, whose creatures we are and whose principles we the great legal pillars of the Constitution: the great foundation sup­ are organized to execute. I do not mean that it is not safer and bet­ port upon which rests the structure of our Goyernment. They are ter for this House, acting as a court, to ascertain the right and estab­ thus the great objects to be reached. All else-and I hesitate not to lish it if possible by means of the ordinary rules for the investigation declare it a-s a legal proposition which cannot be successfully dis­ of truth practiced in the ordinary courts and accepted by the com­ puted-all else is machinery for the accomplishment of these essen­ mon people of the country. I do not mean to deny that; but I do tial objects; all other provisions, whether State or national, are for mean to say that when the truth is apparent or admitted we are not the purpose of guaranteeing fair elections, surrounding them with to be debarred from a-ccepting it and establishiJ;t~ it by the interven­ proper safeguards, preserving and recording the evidence, providing tion of mere technical rules of evidence or by me local decisions of for its proper attestation to afford the proper prirna facie evidence of rule-bound and inferior courts. Now, the governina fact of this ca their faimess and result. The great essential conditions, if I have is established, as I understand it, by the admitted fact of a majority stated and characterized them properly, cannot be overthrown or of 310 of qualified votes forJohnR. Lynch, found in the ballot-boxc "wept away by the yery means which are provided merely to preserve and returned by the inspectors. them. The spirit of the Constitutioncannot be lost nor the require­ Now, since this is so, I trust my friends will not "stick in the bark" ments changed or modified by the legal and technical provisions of this investigation, but will permit their views of this case to rise made to record and illustrate them. Therefore, all the machinery to the height of the great central idea for which the inYestigation 'Yhich lies between the e great landmarks is merely the machinery is made, and that th.ey will accept the fact that when the truth · of evidence provided for the purpose Of ascertaining and applying evident or admitted the rules to ascertain it are "functus," and th6 them and recording and proling the results of their application, and imperativ-e obligation is upon them to accept it and give to others they are in their nature subject to attack and to be overthrown by their constitutional rights and exercise for themselve their consti­ other evidence. Since they are p·irna facie merely, they satisfy the tutional duty. requirements of the law when undisputed; they fulfill the law when, What is endence! Evidence is that which convinces the judgment even though disputed, they are not overthrown. But when they are of the court, that which makes truth appear to the tribunal to which onrthrown, it is our duty to di reaard them and enforce the truth it is presented, and when it appears or is admitted to a oourt which a otherwise established: If, in the light of other and better evi­ has the constitutional power to do it, that court ha not oniy tlte dence, they are found ·wrongfully to deprive a member of his seat, power but the duty to disregard conditions which do not affect the the right of the member i · not thereby lost, but he has a constitu­ substance, to sweep away technicalities, to break through tmmmels-, tional right to it notwithstanding, and it is the swom constitutional to tread down formal rules, to accept the truth offered, and reach the uuty of every man who compose the court that decides the ques­ very right of the case, and execute that with our power. tion to consider and pa upon the evidence, and award the seat What l mean to express, and what is difficult of mere ordinary according to the result, upon hi own judgment. expression and clear understanding, clogged as we are by our common Let me repeat that propo ition. The constitutional requirements habit of ordinary and professicmallife, is that we must not fail t :.ne absolute; tho qualifications are absolute. The necessity for a recognize the essential truth of the case, because the very mean which. IDajority is absolute. Tho right of the elected man to his seat is have been erected to preserre and establish it stand between u and ab olute. ~ut all the machinery which intervenes between the qual­ its light. ified candidate, elected b the qualified yoters, and the constitu­ I can illustrate this best by a familiar fable. A simpleton in th tional seat is machinery for endonce only and is subject to be met Greek fable-and I would not of course apply that to my friend - a. and overthrown and destroyed, whether it be the result of force or simpleton, as is told in the Greek fable, meetin~ a friend, said to him, of :fraud, of intricacy or jgnorance. Who denies that proposition t ''Why, I heard you were dead." "But" saia his friend "you eo If any man can, I shall be glad to hear him. Let any who deny it I live." " Oh," said the simpleton, " th~t cannot be according to the take their stand fairly in the face of the Constitution of their coun­ accepted rules of evidence, for you are not competent to bear te ti­ try. These are the general principles. Now, how and bywhom are mony in your own behalf; and besides, I had the fact of your death. they to be applied t from better authority than you are." [Laughter.] By the fifth section of tho same Constitution it-is provided "that That is just where we come to, my friends, when we attempt to <·ach House of Congres shall be the judge of the election and re­ limit things which are true by the means which we provid for a. ccr­ turns and qualifications of its own members." That provision taining their truth. And that is exa-ctly what wo wonlcl do if w makes us the court for the maintenance and application of these denied his seat to the man who had the admitted majority of votes principles. If gentlemen de ire it, I readily admit that it makes ns cast at the election, merely because that majority wa lo~t or elimi­ a court with the duties and only the powers of a court of largest nated in tho proce esofproofwhichare byState law provid 1L for jurisdiction and la t re ort. I admit that we are to "judge." But its preserration and presentation. As I have aid, the qualification. we are a court limited only as fur as we are by express language of v-oters aro fixed by reference to State constitutions and definccl u~· limited at all by the word "judge" and tho objects to which our State decision , unless these arc clearly wron~, or absurd or incon­ j udgruent is to be directed. Still, wo are a court, and, though a court, sistent with tho requirement-s of the Constitution of tho Unitett of last resort and of highc t powers. A court of highest general State , or tend to defeat the very object of its provision or som of }JOWel"S known to the spirit of tho law in the atmosphere of which the provi ions of the laws which the General Go\ernment ha a right we live is a court of original and natural equity ; not a technical to make and has exercised its powers to make. court of equity, such as in the progress of commercial transactions There is but one law that has been made on thi ubjectbythe law­ :md business development bintl.s it elf to certain formal and tech­ making power of the United States. It is to be found in cction 27 nical and fixed rules and modes of evidence and proceeding, but an of the Revi eed or recorded contrary to this section shnll be of no effect. Jlermittet. Not what the law exactly defines, but what the jud~ment In this ca e, then, we must appeal to the constitution of Mississippi Hf good men permit. The Censtitution creates the court, Without to see who are qualified voters. We must also see that their vote. limit of power except by the use of tho word judge and the mention when ca t were by written or printed ballot, for the provision which of the subject-matters to uc jud~ed of and determined. wa made to pres rre the principle of voting by ballot, na.mely,_th e By this act~on it cloth d lJ. ·w1th every power known to the spirit right of ecret ballot if the Yoter chooses to claim and to exercise it. 6f our legal system fol' tho examination and determination of our State laws may define the qualifications of Yoters; that pow-er i ~iven 1882. CONGRESSIONAL RECORD- HOUSE. 3429 to tho States under the Constitution. They may fix, where the laws of time and place in the absence ofprovi ion ouonr p:l:l't. The time iiil the Unit-ed States have not fixed, "the time, place, and manner of :fixed, the place is absolute, to provide au election; not mere provi - holdin~telections." They ma,y of course provide their machinery, ion for proof of it. I did not say the State could not fix an abf>o­ their otficers, and their modes of certifying and att.estation, which lute time and place when we have expressly authorize(1 them to do hall be prima fa.eie evidence, but they cannot impose either upon so. These are not like the regulations for the manner of holding, the voter :my other qualification or upon this Honse any other than mere safeguard regulations to preserve, prove, and declare th result. the constitutional limit of jurisdiction or any State rnle of evidence I did not say that these provisions were not lawful. I did not a~­ or construction. No State can say to this Honse, either in words or they were not permissible to the State, even obligatory perha.p ou in eftect, "We fix certificates of attestation; we make them govern­ the State as a means of prima facie eviG.ence and attestation. All ing and final, and yon, Representatives of the United States, in the that I say is, that so far as they are mere e'iclence regulations we ma.y exercise of your duty under the Constitution, must obey the limits meet and overthrow them by other proof, and that we are bound to which we fix upon the modes and manner and effect of proof." I say do so when that proof comes up to the point of proving that at a le~~.I to learned gentlemen fix your own rnles of proof; establish your election prescribed under the statute a qualified voter has cast nis own attestation; make out your primary case; if undisputed it will independent ballot for a qualified member. stand, but if brought to the test of controversy we will try it by Mr. HAMMOND, of Georgia. Will the gentleman allow me to ask those tests ofinvestigation and decision which eem tonstobeprop­ him a question f ~rly a.pplicable to govern the case and elicit the actual truth. Mr. ROBESON. Yes sir. Who ga>e to the State of Mississippi or any other State the ricrht Mr. HAMM0:8D, of Georgia. We are anxious t.o understand you. to limit the committees of this Hous~ in their in>estigation, or thls Mr. ROBESON. Very well. I hope I make myself understood. House in its judgments by their technical rules of evidence, or by ~lr. HAMMOND, of Georgia. You remarked a while ago eaeh the weight which the decisions even of their highest courts give to House was a law to itself. Now, if this House by the Constitution it 7 If the qualifications of the electors and the qualifications of the has the right to judge of the returns, qualifications, and election ofits .elected and the adual majority are the great immovable and unas­ mombei'S, how are we governed even by a law of Congress that pre­ sailable conditions-if all else is machinery, mere mode for preserv­ scribes the ballot f Can Congress take away from this Honse its con­ ing, certifying, attesting, and evidencing the result~ then I say that, stitutionalrightunderyourmodeofsaying, wethrowlawtothedogs'! sitting as a court, in its highest sense, with all the powers of all Mr. .ROBESON. Because Congre s has also the const.itutional right conrt'i, fixing our own rules for the application of legal principles of and power to prescribe the time, place, and manner of holding the evidenco, we have the right at all times and at all points to meet elections~ and has, of course, the right to ecnre as a part of the man­ the sugg~tions of the e pri1na facie certificates, their defect.s, their ner (not of the evidence) the secrecy of the ballot by its provision. absence, or their falsity, by other proof, and by its force, if eftective :Mr. HAMMOND, of Georgia. Ye ; but the Constitution s:tys the for that purpose, to correct, suppress, or overthrow them. State may until Con~Te s change it. .Mr. CARLISLE. As I am to follow the gentleman I would like to .Mr. ROBESO~. Well, I am arguing, m· thought! was, that Congress ask him a question in order to ascertain whether I understand his has alreadychan~editbypassing a stauteon that subject to the ex­ position. Does he maintain that because Congress in section 27 of tent it t.hought 1t was necessary for that purpose, and that if the the Revised Statutes ·has declared that all votes given for members general principles of law should obtain, then by its exercise it ex­ of this House shall be by ballot it follows that any attempt upon the cludes the essential binding force of all State action'clirected to that part of a State to prescribe the form of a ballot is null and void¥ particular object. :Not the right to make the additional provisions .Mr. ROBESO:N. No; I have not said so. It is not necessary in for other lawful purposes, perhaps even for that, but the rjght to this case that I should maintain that proposition. But if I chose to make them effective conditions of t.he Constitution, which I have do so I could pile up in behalf of it decision after decision of the already said were that a majority of qualified votes should entitle United StateB courts of this country from Story and Kent down to to a seat. But I do not ay, nor mean to say, that each Honse was the distingnishee carefully stated. If the vote were not received spectors of election-the original officers who held the election in it wonld be difficult, perhaps impossible, to count it, but if the vote the sixth district, two-thirds of them admitted Democrats and all of did not violate the United States provision to secure the secrecy of them appointed by a Democratic governor-that the votes sent t.o the the ballot, and showed when offered nothing that authorized the county commissioners by these returns, the returns of the very men inspector to refuse it, then it should stand against objection on that who received the votes, there were between three and four hundred account. I am not sa.ying the provision of the United States statute admitted majority for John R. Lynch. absolutely excludes the State from takin(J' any other means which it Of the votes cast at this election there were returned by the men may choose to identify ballots, to secure ~air elections, if you please, who received them at the ballot-box 310 majority for Lynch at the and to ascertain the result, but I do say that when it appears to lowest calculation, 385 by another calculation, G35 by another, bn t 310 Congre s that a qualified voter has cast a vote, if it be written with majority, throwing out all doubtful question ~ . But it seems that by lead-pencil upon a piece of newspaper, Congress is notre trained by one means or another, by one process or other known to the law of State laws imposing additional conditions or bound by any prin­ Mississippi, this 310 majority of votes_, admitt-ed to be qualified and ciples of right or justice to declare that by reason of the peculiar returned by Democratic inspectors wno received them for John R. form of the ballot that qualified voter has not constitutionally Lynch, were lest. The very essence of the election looi in the mean~ exercise

and the deci'3ions of Stat~ courts. If the State conrt is, as I ha>e said, might ha>e thrown it out. This court might have declared that the debarred from declaring any new test for maintaining the secrecy of statute was binding upon them and sustamed them iu tha.t act, but the ballot essential to its >nlidity, and is confined in its purview to would that ha-.e any bindinO' force upon this court, and depriYe an the question of qualification, which is left to the State by the Con­ honest voter of his right and an elected Representative of his seat f stitution, how can their decisions stand between t They them­ It would have been a cleci ion of the supreme court of Jl.Ii is ippi1 but selves declare their want of jurisdiction. If they had it, for any pur­ it would not have been bindin(J' upon us. '\'\Thy Becan e it doe pose, it was lost in the form of the action, since the commissioners not strike at the only e senti~ question which their State and it were fnncti ojficifJ. Their declarations and opinions were then clearly comi: are authorized to control, namely, the qualification of the law­ obiter dicta and of no binding force. And if they had binding force f~ ~lector .. I give you that as an illustration of the truth of my prop­ they did not declare the settled law of Mississippi, but were e:x post OSition, which seemed to trouble the gentlemen upon the other ide, facio to this case. And if theirs was a governing decision, in a case but the contrary of which will be found to be absurd bye>cry fair te t. of which they had jurisdiction, then it is the very decision we are Mr. HUTCHINS. Will the gentleman from New Jer ·ey allow me now reviewing, and we are of course not bound by it, since we are a question f about the very business of affirming or reversing it. Mr. ROBESON. Of cour e. Nothing stands between but the very machinery by which the Mr. HUTCHINS. Speakingofthismatterofthe regulation of the State laws provide for ascertaining this very majority. The machin­ ballot by State laws, and the power residing with Congres to alter ery provided for ascertaining and preserving the testimony which or annul any regulation made by a State; now, if a State choo e to should show to us and to all men this admitted majority avails to make that regulation, no matter how absurd, it being within our destroy it. An admitted majority of qualifj_ed voters did cast those power to correct it by statutory provision, would we.not be bound votes tor Lynch. And will anybody say to me that when that fact to it by acquie cence Y appears and is admitted that the very machinery which is provided Mr. ROBESON. We certainly would not in this case, for we have lJy law to show the fact shall be used to overthrow it 7 And that had no chance to cortect it. We are engaged in correctin[ it now. we, the court of last resort, with unrestricted power for the ascer­ Mr. HUTCHINS. Certainly since this act was pas ed con ne tainment of truth have not the remedy Y In other words, that we has had an opportunity to correct it; and by not doing so we ~ave shall not subject the p1-ima facie evidence which the State provides to acquiesced in it. If we had thought it absurd we would have cor­ correction by other evidence, to be supplied where it is found defect­ rected it. 'fhe Constitution provides for that; otherwise a Sta,te, ive, to be rectified where wrong, to be thrown out where fraudulent. or several $tates combined, could prevent an election. Who denies to us this right as a principle of Jaw 7 Why, if this be Mr. ROBESON. I hope the ~entleman from New York will under­ not so then our rights and liberties are so hed~ed round with tech­ stand my proposition. It is this. I will repeat it ngain: there are nical defenses thn,t the truth is lost in the intricacy of its own safe­ certnin things that are essential, in the face of which we cannot seat ~uards, and honesty and right have nothing to do but stand shiver­ a man though he has the majority of the lawful vote , but in the mg outside. absence of which we are net controlled by the requirement of tech­ Three htmclred and ten at least qualified majority received by the nical statutes nor governed by technical rules of evidence in arriv­ inspectors of election at the ballot-box, two-thirds of the inspector ing at the fact as to wheth.er he has received the majority of the Democrats, and aU appointed by a Democmtic governor, and that laWful votes or not. Besides this, I hold that for the purpose of majority by them r-eturned to the county commissioners. If that be maintaining the secrecy of the ballot Congress has acted, and the so, is not all that thrust between a II!ere contrivance and a fraud f State power over the character of the ballot for that pmpo e i Is it not all technically suggested, maintained, and defended to es­ gone. True, the qualification of the elector remains to the State, tablish a constitutional wrong? Who shall deny it? And are the as a matter to be fixed by the State constitution and laws, and per­ cho. en defenders of the constitutional right bound or authorized to haps, for illustration, by the State courts if they are not palpably submit~ \Tho shall give this proposition the sanction of his voicef wrong; but what other essential conditic.n is left for the State , 'Vho shall maintain it by the sGlemnity of his vote~ The constitutional right to his seat of the qualified Representative,

But it may be said that some of the returns are defective. Let if he has the constitutional maJority of qualified voter 1 is the essen­ me, then, (leclare another principle of law which aentlemen will tial thing, but a right independent of State law. All, besides what not di'3pute, namely, that the absolute right of the honest voter to I have mentioned, is the machinery of evidence, of malregulation, have his vote counted when cast is never destroyed, when the fact call it directory if you wish, a legal term to characterize it, but which can be :pro-.ed by outside evidenc-e, on account of defective returns fades away before the sunlight of truth and hides its diminished of the election officials-- • head when confronted with absolute ri~ht. And th.n.t is the very· Mr. CARLISLE. Nobody contend that it can be; but it mu t be reason why we are constituted without limitation the judges of the proved by competent evidence. elections, qualifications, and returns of om own members, and why Mr. ROBESON. Undoubtedly it must be proved by competent it is left to no other tribunal. evidence. But let me, then, declare another ilrinciple oflaw which Mr. HUTCHINS. Now, if the gentleman will allow me to ask him may be important, and see if the gentleman will admit that, namely, a question here, because this is the very gist of this matter-- that these men who ~y law are made custodians of official proceed­ The SPEAKER pro tempore, [Mr. Bur..&ows, of Michigan.] Does in~s are competent to certify to the papers and facts in their cus­ the gentleman from New Jersey yield 'f tOdy, and that their certificates are competent testimony even in Mr. ROBESON. I am willina to answer all question , but the courts oflaw, without an express statute to make them so. gentleman from Kentucky [Mr. CARLISLE] is to follow me and! feel Mr. CARLISLE. You mean the officers of election may certify,. that I am occupying his time. Mr. ROBESON. I mean the custodian of public papers. Mr. HUTCHINS. We willsitlong enough to understand this thing. Mr. CARLISLE. The legal custodians. l\fr. ROBESON. I have no objection to hearing the gentleman' Mr. ROBESON. The legal custodians of public papers. question except that I think common courtesy to my friend from Mr.· CARLISLE. I agree with the gentleman. Kentucky obliged me to say what I have said. Mr. ROBESON. I ask the gentleman that question, because I 1\Ir. HUTCHlNS. The Constitution provides that the States shall admit the old la.w wa.s somewhat difficult to understand upon that prescribe the manner of an election. Congress has passed an act by point, since it \Yas often held that to make their certificates evi.dence which they have provided it shall be by ballot, so far as the manner . required a statute, not only making their attestation evidence, but is concerned. They leave with the States theform of the ballot, and a statute authorizing them to attest; but I say by the law of the e>ery State in the Union, without ·exception, or nearly every State­ country as it now obtains, declared by the Supreme Conrt and ad­ ! think every State-has prescribed that form. Now, in the absence mitted on all hands, it is now accepted that the attestation and cer­ of an act of Congress, no matter however absurd this provision by tification of the legal custodians of public matters is competent evi­ a State may be, Congress having the power to change it-in the ab- dence. I do not say condlusive, but competent evidence, though of ence of an act of Congress upon that subject why are we not bound course liable to be disputed or overthrown by other testimony. by the constitutional provision which leaves it within the power of Now, if what I have argued be true there is only one othor sugges­ the State to prescribe the manner? That is the point I want to get tion of difficulty between John R. Lynch's election and his seat a at. If a State says the ballots shall be of equal size and Congre a member of this House. The supreme court ,of Mississippi have acquiesces in that, and the Constitution says the Sta,te may prescribe declared that some 2,000 of these votes we1·e illegal because they had the manner, what right have we to overrule the State unless we have upon their face some printers' dashes, and these distinguishing marks a right to overrule the Constitution 'f they hold to be against the statute. Suppose the supreme court of :n.Ir. ROBESON. I started with the proposition which is the l\iississippi had jurisdiction, which they themselves say they had not, answer that I give to the gentleman, that, given the ~xed point from how c.ould its decision bind us in this case f These provisions are which we must start, namely, the constitutional majority, and the neither essential to the honesty of the vote or the principle of a point which we must reach, namely, the constitutional seat, allel eis secret ballot. Suppo e the Legislature ofMississippihad passed a law mere regulation or evidence which we may overcome by other evi­ that no ballot should be legal unless it had printed on its face a dis­ dence if it be not correct. avowal of the Government of the United States, would not that have l\fr. HUTCHINS. The gentleman from NewJer ·cywill notunder­ been a thing for us to di regard f I think so. Suppose that the Leg­ standme- islature should pa a law requiring some other not seditious but Mr. ROBESOX. I understand the gentleman thoroughly. I ridiculous condition for the ballot I pass now from the region of tbink- unlawful requirements and suggest that the Legislature should pro­ Mr. HUTCHIKS. The statute say the ballot h~Lll be printed in vide some ridiculous· requirements. Suppose it had required to have n, particular manner. How do you e cape that T printed on the face of the ballots some ridiculous or absurd or use­ Mr. RO.BESOX. I said before, and I ay again, that if it appears less or unessential qualifications to the >ote. These commi sioners to this Congress that an bone t voter, qna.litiecl to vote, has cast his '

1882. CONGRESSIONAL RECORD-HOUSE. 3431

~· .

vote in fayor of a qualified candidate and that Yote elects him, it is because they say that the printers' dashes•after the headin~ and the sworn duty of this House, State provision or State laws to the between tbe names are distinguishing marks within the meanmg of contrary notwithstanding, to put him in his seat. the statute; but they have not thrown out any of these ballots, Mr. HUTCHINS. Then my friend takes the ground-- though the vote of a whole county was cast for Mr. Chalmers in this Mr. ROBESON. Yes, sir; I take that ground and all that it im­ form: plies. 1\lr. HUTCHINS. He takes the ground that although the Con­ Democratic-Conservative stitution provides that the manner of holding an election may be -prescribed by a State, if he does not think the manner prescribed is a correct one or one that ought to be observed, then he is the high court over all constitutional law who is to decide. TICKET! Mr. ROBESON. Not I, but the Congre s of the United State , which the Constitution has made the highest constitutional court in Fm· P'l·esident, this matter. Mr. HUTCHINS. That is to say, the Congre s of the United States is not to be governed by a provision in the Constitution. That is Winfield Scott Hancock. what the gentleman proclaims. Mr. ROBESON. All right, if the gentleman thinks that is the result of what I ha-ve to say. I do not so think. What I say is this: For Vice-President, that the "time, place, and manner of holding" may, as the law now stands, be fixedbytheState; that the time is absolute and the place is absolute, but that the regulations a to "manner" are mere regula­ William H. EnglisH.. tions of safeguard and evidence to provide the means for ascertain­ ing the result and providing and preserving the evidence of it, to For Electors for President and Vice­ the end that thee sential fact of a constitutional majority may have President, its legitimate, essential end aml result, namely, the constitutional seat; that to make the latter surely result from the former is the F. G. BARRY, purpose and object of all these regulations as to" ruanner," and that as regulations they are in their character regulations to make and preserve evidence, directory only in their provisions and prima facie C. P. NEILSON, in their resnlt, and liable to be corrected, supplied, or contradicted by other evidence, to the end that the very result that they are pro­ vided to preserve and prove may not be lost in the regulations pro­ C. B. :MITCHELL, vided to preserve and prove it. I trust that is clearly stated. I can do no better. If I have failed the fault is in me, not in my propo­ THOMAS SPIGHT, sition. Two questions only remain, which may be obje.cts of regulation by the State: fu'St, the general regulations to preserve the secrecy WILLIAl\I PRICE, of the ballot. If these be in their nature essential, which I do not admit, it cannot be denied that this particular object has been con­ templated and 'provided for by the United States itself, and that to WILLIAM H. LUSE, that extent and for that purpose section 27 of the ~evised Statutes is exclusive. l'Jut, second the State may fix the qualifications of voters. It has done so, and if the action of the supreme court of the ROBERT N. 1\ITLLER, States has any foundation at all it must be put on the ground that this ballot is a test of and fixes the qualifications of voters. JOSEPH HffiSH. The supreme court of Mississippi ha thrown out more than 2,000 of these votes given for Mr. Lynch- For' Member of the House of Repre- sentatives from the 6th Con­ R~nnnlican National Tick~t. gressional District. JAMES R. CHALMERS. For President., Look ali the heading in capitals and the" screaming" exclama­ JAJ\IES A. GARFIELD. tion point after the word ''TICKET." Which has the most distin­ guishing mark on iU It is a mark that may distinguish the ballot, --0-- but it will never distinguish the court. For Vice President, Mr. CARLISLE. Does the gentleman not know it to be a fact that a whole county voted for Lynch on the other ticket and was CHESTER A. ARTHUR. counted f Mr. ROBESON. I clo not care as to that. I do not complain when they were counted, but when they were not counted. Mr. CARLISLE. It shows the commissioners did not agree among For Electors for President and Vice themselves. President, Mr. ROBESON. But the supreme court say that the Lynch ticket was a false ticket. They do not say that the Chalmers ticket was ::t. RoN. WILLIAM R. SPEARS, false ticket, but the application of their principle would make it so. Now, ifLynch's vote is to bethrownouton that account, and weare RoN. R. W. FLOURNOY, held to their construction of the statute, why may we not, when we review the case, throw out the whole vote for Chalmers, which is ob­ DR. J. M ..B ·YNUM, noxious to the same objections on the very principles they themselves declare. But on what ground does this court assume to throw out RoN. J. T. SETTLE, these votes t I will read the ground stated if gentlemen will listen to me a moment. C.A.PT.l\1. K. MISTER, JR., The court says the statute provides that these tickets shall be unlawful, ''in order that intelligence may guide the electors in their DR. R. H. :MoNTGOMERY, selection," and not a mere device by which ignorance may be capti­ vated and be guided by some mere device or mark by which they JUDGE R. H. CUNY, should distinguish the ballots they were to use in the process of elec­ tion without a knowledge of the names of persons for whom they RoN. CHARLES W. CLARKE, cast their votes, so that "ignorance and. blind party devotion might not be led to the adoption of ballots by the guidance of some marks ---0--- and devices, as to which they were instructed by their leaders, and which, instead of intelligent comprehension of whom or what they For Memb&r of the House of Rep'resen­ are casting their 'ballots for, should determine their selection of tatit'es f 'rom the 6th Oong·ressiona.l ballots to be cast." That isJ "all would be alike, and the advantage D·istt'ict. of one party over another should not consist in tickets, but the bal­ lots mu t ue selected, not by dences and marks, but because of the JOHN R. LYNCH. names to be voted for." I 3432 CONGRESSIONAL RECORD-HOUSE. APRIL 2

Now,· I would like my friends to pay attention to this proposition. .ive, energetic not only, but might be ambitious also· t.hat every They say, "How will yon question the action of the supreme court of man might ha>e behind him the inspiration of the !!Teat idea which the State of Mississippi f You are bound by it." My friends will ha.s made the progress of the world, that he might have encour~e­ hardly say we are bound by it in this case, when "WO are sitting in ment to struggle t-o lift himself from ont of the condition in wh1ch review of it. It is the very case that we are reviewing. And if we he found himSe~ and rear his children in a condition better than are a court of review, we certainly are not bound by a decision of his own. · the court which we are reviewing. All that there is or haa been of progres in the world since the It is not the settled law of Mississippi which gives notice to voters, world began depends upon that one principle which incites and en­ and their disobedience of which may seem to be a willful defiance courages the individual to strike for himself and for his posterity, of law, or a fraudulent attempt to evade it; it is ex post facio of this which inspires and invigorates every feeling of the heart and every case. Why shall we not review it, if we cho8se ~ The Supreme faculty of the understanding until the struggle, sacrifice, and achie>e­ Court of the United States holds, and it is sound law, that generally ment of each individual becomes the progress of the nation and the that court is governed by decisions of State courts on State laws elevation of the race. My friends, the lesson of history is sure ancl and questions. But it has happened in the past, and will happen in should be heeded. Wherever a.n insulting and impassable barri r the future, that the occasion will arise when they "will refuse t-o shuts up the career of popular ambition, there all the energie of sacrifice truth, justice, and right, because a State tribunal has erected character are repressed a.nd extinguished. . the altar and demands the sacrifice." For t.hese reasons, Mr. Speaker, we gave them these right under the But the decision which I h..'\ve read is wrong, ridiculously, uncon­ Constitution of our country; and for these reasons we will maintain stitutionally wrong, even upon the ground upon which they place it, them.z.. State machinery, Stat-e laws, State decisions, State chicanery, the ground of intelligence. They have no authority to apply any a.nd l::ltate wrongs to the contrary notwithstanding. There is the test of intelligence as to the qualification of the voter. By the eight­ seat of the Representative fixed by the Constitution of the United eenth section of the :first article of the constitution of ~fississippi, States; there is the qualification of the member fixed by the Con­ to which we must appeal for the purpose of :fixing the qualification stitution; there is the qualification of the elector :fixed by the Con­ of voters, it is provided that "no property or educational qualifica­ stitution; aml when it is admitted or is apparent to our perceptions tion shall be required for any elect-or." And yet this court, driven or our reason that a qualified man has received a ma,]ority of quali­ to the wall, as the only ground upon which they can rest their de­ fied votes, by that light we will be guided through the intricacy cision, as a question of qualification, say in effect tha.t this test of the of State provisions till he enjoys his own and the country h::ts her statute is a test of qualification, because it tests the intelligence of elect-ed Representative. By these broad principles we must.be guided the voter, and &1ve that effect of the law because they say he must for the maintenanc-e of constitutional rights and national integrity, be able to discnminate between tickets by being able to know and and I declare them now and here, not only for the encouragement understand the names that are upon them. Then they give effect to of tho e who would be oppressed by their disregard, but as notice the law as imposing a new educational qualification in the very face and admonition to those who may eek to antagonize and defeat of their constitution. them. [Loud applause.] I say, therefore, that this decision of the supreme court of the State l!r. SPEER. ~h·. Speaker,myvote in thiscaseiscontrolledsolely of .Mississippi is not only ridiculous on its face but that it is abso­ by what I am convinced is the law. :No sense of party obligation lutely and absurdly in violation of the constitution of that State has any weight with my opinion. I have listened attentively and unde1· which it exists, and the law of the State which it attempts to with impartial attention to the discus ion and it seems to me that a execute. Shall we not reverse it f To sustain it would be a wrong very b1ief statement will sustain my conc].usion, whic4 I am con­ t-o the free people of 1t1ississippi, whose rights it.would invade; an scious is candid and sincere. It is conceded that to unseat General insult to the jurisprudence of the country whose principles it reck­ Chalmers and to seat l!r. Lynch, ie already been indicted and arrested for their acts, those of another. . under the election law. · Thus we gave tpem political rights for their own and our own ben­ * * * * k * * efit, and we gave them also for the bene:fit of the South itself, that The writ of m,and4-mu8 was is'ned, :md the co=i ioners of election appeared. :md d murred to th~petition on the following grounds: it mi~ht lla.ve ita full measure of development in the praetical and 1st. That they are mru:el.y ministerial ofticeri!, a.cd >C no power to rt>jcct baHot&­ .effecttye freedom of all i~ people; that industry nilght be free, act- that have been count-ed by the inspectors. 1882. CONGRESSIONAL RECORD-. HOUSE. 343:3

2d. That the marks on the ballots for -which it is e1ai~ed they shonlil be rejected much elaboration of argument from the bench that the tickets were a.ro mere printers' dashes, and are not such distingui!!hing marks a.s were contem. plated by the statute. illegal and it was the duty of the election officers t-o reject them. :Kow, The court sustained the demurrer a.nd dismissed the petition, and the petitioners to recur to the original rule invoked. If it be the duty of Congres ~pealed to this oourt. The provisions of the eleetion law, code 1880, bearing to esteem the judgment of the supreme court of a. State on the con­ directly upon the questions involved in this case, are these: struction of a. statute of that State as to its intent, meaning, amt SEc. 137 • .All b:illota should be written or printed in black ink, "With a. space not less than one-fifth of an inch between ea.ch name, on plain white printing newspa­ effect as conclusive, then this question is concluded, t he vote' can­ per, not more than two and one-half nor less than two and one-fourth inches wideJ not be counted, and General Chalmers cannot be unseated. without any device or mark by which one ticket may be known or distinguishea Sir, I have, as I think, nothing to do with the impolicy of thi . from another, except the worib a.t the head of the ticket; hut this shall not pro­ llississippi law. I do not like it, but other States have the same law­ hibit the erasure, correction, or insertion of any name by pencil mark or ink upon the face of the ballot ; and a. ticket different from that herein prescribed shall not A statute almost identical is to-day the law of Ohio: be received or counted. SEc. 2948 • .All ballots shall be written on plain, white paner, or printed withe Campbell, J., in delivering the opinion of the court, said: black ink, with a space of not less than one-fl.!th of an inch between each nam{', on plain, white, news printing-paller, not more than two and one-half nor less than We think the effect of seetion 137 of the code of 1880 is to condemn as illegal, two and three-e1ghths inches WJde, without any device or ma.rk by which one and not to be received or counted, e~ry ballot which has on ita back or face any ticket may be known or distinguished from another, except the words a.t the heacl device or mark other than name of per ons by which one ballot may be distin­ of the tickets, and it shall be unlawful for any person to print for distribution at guished from another. 'Ibis statute does not oondemn devices or marks on the the polls, or distribute to any elootor, or vote any ballot printed or written con· outside of a ballot merely, but clearly embraces the face of the ballot as well. trary to the provisions hereof; but this section shaJl not be considered to prohibi • That is apparent from the exce~tion oontained in it, and a. device or mark on the the erasure, correction, or insertion of any name by pencil-mark or with ink up(~. face of the ballot is as much Within what we suppose to have been the objoot of the face of the printed ballot. (71 v. 31, 2.) this provision as one on the outside or back of 1t. It is apparent from the pro­ g vision that its object is not only to preserve secrecy as to what ballot an elootor It is sufficient for me to know that the supreme court of Mi , i'­ casts, which is the leading idea of st.a.tutea in orne other States, which prohibit any device or mark on a ballot folded which betrays the ecret of the voter; its ippi rejects these ballots. It is the policy of our Government to obJect is to secure absolute uniformity as to the app arance of ballots, in order o-ive the greatest sanctity to such decisions of such courts on que. ­ that intelligence may guide the eleetors in their selection, and not a mere device tions properly belonging to their jurisdiction, and to-day thero are or mark by which ignorance may be ca.ptivated. The legislature was trying to pending before committees of the House and Senate proposition to prevent multitudes from "being voted," and being ~rnided by a mere device or mark by which they should distinguish the ballots they w-ere to use in the proce s amend the law relating to the election of President and Vice-Pre"i­ without a knowledge of the names of persons for whom their ballots were being dent, and in either bill it is proposed to make the supreme law .comt cast. · of the State the tribunal which shall decide the validity of the elect­ Elections are a contrivance of government which prescribes who are electors­ oral ticket, and that decision should conclude Congress as to thu and how they may express their will, and it is a. legitimate exercise of power to prescribe the description of ballots which shall be used. Section 137 of the code count. This is clearly illustrative of the importance conceded f{) of 1880 uoes this, aml requires all ballots to be written or printed with bla-ck ink, the judgments of the State courts. I hall not attempt to multiply with a. minimum pace between namea, on plain white news printing-paper of a reasons, when I have given the controlling reason, but I will say tb:l t certain width, and without any dc>ice or mark by which one ticket may be known if the election officers improperly rejected these ballots, and failed or distinguished from another, &c. ; and it declares that a ticket different from that prescribed shall not be rooeh·ed or counted. Considerations of policy dictated to include them in their returns, they were subject to indictment the description of ballots prescribed, and it was deemed of such importance to se­ and conviction in the Federal court. They were so indicted, they cure an ob, rvanco of the requirement that it is declared that ballots not conform­ were tried in the Federal court of that district. There was nodi ·­ ing to t.he description prescribed shall not be rooeived or counted. It would have been oompetent to impose a penalty on the circulation or use of pute as to the fa{3ts, and yet under the charge of the Federal judg<' such ballots, but the means by which their nse is sought to be prevented is the they were acquitted. So it appears that both the supreme court of rejection of the ballot when o:tlered or from the count. It is not penal for an elector the State of ~lississippi and the Federal cotll't of that district hav to use a ballot dilierin~ from the legal pattern, but it shall not be counted, and passed upon these ballots, and they both held that it was not a Yio­ thus he fails to express nis will through such an instrumentality. If the device or mark is external and observed by the inspectors they should not rec~ive the lation of the clect.ion law of the State to reject them. ballot. If it is r ceived, and on being opened is discovered to be of the kind con­ Mr. Speaker, these are my convictions, and it is a part of my pu h­ demned as•illef«al, it is not to be counted; but if the inspootors count such ballots lic duty, as I see it, to vote in accord~n0e with my eonvictioJlB. It in disr~ard o law and their duty, the commissioners of election assembled at the does not receive :my attention that the contestant is a. colored mau court-bouse, with tinle and opportunity afforded to scrutinize and oorrect as far as may be done by the data. fmnished by the face of the returns, without a. resort to and the contest-ee a white man. If the positions of the two gentle­ evidence aliunde, hould rejoot, as the inspectors hould have done, ballots which men were reversed I should vote as I do now. \Vas not the law a.· the law says shall not be counted. The ouly safe guide as to what ballots are ille­ it is I should not hesitate to vote fer ~Ir. Lynch on this conte t. l gal becau e of de>ices or marks is the st.atute. It excludes any ma.rk or device by am satisfied that the future of the South, the security and bappincs:. which one ticket may be known or distin!mi bed from another. A distinction be­ tween ballots by means of dences or mar1.:s instead of by means of tho names on of society, and the great promise of material prosperity which i~ them is what the st.atute aims to prevent, and we are not at liberty to confine the ex1)anding before the eyes of our people, depend largely on exa.ct broaerv ballot or ticket which is so marked "that it may he known or distingwsbed from another. ·• The ticket nsetl in this case and whelming majorities in the largest white Jistrict of Georgia. There made an exhibit to the petition is thus marked, and . hould have been rejected. are miserable enemies of society, who would wreck every peaceful We ha\e nothing to do with the policy or impolicy of the statute. The language and prosperous intere t of the people to accompli ~h partisan victorie~. is plain and does not admit of construction; aml it is the duty of the court::~ anu other officers to obey and enforce it in the sense the wordsclearlyindicate. who sedulously seek to array. race prejudice, and race antagonism, and. to keep the people in tha.t abnormal and unhealthy state where the· There was no dissenting opinion. color line divides political parties. Some of these creatures are at But it is contended that in this decision the supreme court of Mis­ their dirty and injmious wox·k down there now; but, sir, such meu sissippi did not have jurisdiction of the q_ ue tious of construction it are not the Southern people. The spirit of conservatism and liberal­ decides. If this is tl'Uo, it is important as affecting the weight ofthe ism and tolerance of political opinion is •abroad in the land. Tha authority. But is it true First, was the application for 1nandamus · State of Georgia is not behind any of her sister States in the pos c ·­ properly brou~ht'¥ What is the law of the State on this subject f sion of these noble virtues of patriotic citizenship. Section 2542 of the Code of :\Iissi ippi provides- I trust, sir, that this case will be decided without any parlisau . On the petition of the State by its attorney-general, or a

  • olved and speedy remedy in the ordinary course of law. . upon it by the Constitution. We are proceeding to judge of the In parsuance of this law the district attorney for the thlrd judicial election, x·eturns, and qualifications of one of our own members; and district files the petition. The allegations of the petition cleru:Jy I submit to the distinguished gentleman on the other side who ha ~ present the disputed question concernin~ the ballots alleged to be preceded me [Mr. ROBESON] that the very terms in which the pow~r · invalid. The defendants demm-that 1s to sn.y, they admit that is delegated necessarily imply that we are to exercise to a certam what is alleged in the petition is true ; but thongh true they say that extent at least judicial functions. We are to judge, not to gue8" ; by the uemur.rer it makes no case against them, for the reason that and I hold, Mr. Speaker, that in the performance of this duty and the mu·ks on the ticket were not such distingu.ishing marks as the in the exercise of this power we are under just as hi~h and solemn election law in question condemn d. Thus the· i sue is distinctly an obligation to judge according to the law in determming upon.01e· mado. The court di..-ifered _with the defendants, and decidetl with right of a. ·member to a seat as the people or the election officers w :to CONGRESSIONAL RECORD-HOUSE. APRIL 28, :3434 I

    State are to proceed according to the law in holding the election. I tions, after all the labor it could bestow on this case, after every op­ cannot refrain from saying here that I can have no more sy~pathy portunity had been afforded to the contestant and contestee to pre­ with an ar!!11ID.ent intended to show that we are not bound by the pare and present their testimony and to be heard by themselves or law in deciding questi0ns of this kind presented for our consideration by counsel, come into the House with a report which declares, as the than I have for an argument intended to show that the people of the only proposition in which that majority could unanimously concur, several districts and the election officers in those districts are not that the contestant was elected by 385 votes and no more. In order bound by the law in the performance of their duty with reference to to reach that conclusion the committee was obliged to give its as ent this matter. to five separate and distinct propositions, no one of which can, in We are not only bound in my judgment to consider and decide my judgment, be maintained. In the first place the committee was these questions according to the law, but we are under every obli­ compelled to hold that it would not be bound in this case by the de­ ga.tion as a matter of ri~ht and justice to decide them according to cision of the supreme court of Mississi PI?i declaring the meaning and the law as previou ly aeclared, whenever the law upon any given effect of a statute passed by the Leg1sla.tm·e of that State. The subject has been previously declared. Of course, in all those ca.ses chairman of the Committee on Elections I see apperu·s to dissent from where questions are presented not provided for by previous legisla­ this statement, but I have been careful to limit it to the declaration tion or previous judicial decisions, we must apply to them such prin­ that the committee would not in this particular case be bound by ciples of right and justice, and such general rules ofla~ and equity, that deci ion. as we think proper under the circumstances. l\fr. CALKINS. I do not want the gentleman to labor under any The gentleman from New Jersey declares that this House, in deter­ misapprehension as to the committee. The position is not stated a minina the elections, Tatums, and qualifications of its members, is a it was agreed on in committee. The majority of the committee law u~to itself. I submit to him that this is the very definition of agreed that this is not a decision of the supreme court of 1\Iis issippi .n.rbitrary power-the absolute, arbitrary right in the exercise of an at all. inhert!nt power in the House, if I understand his argument, to Mr. CARLISLE. I was not undertaking to state the reasons of

    or device which is prohibited, but makes it a simple question of fact: And I call attention to the further fact that there is the sworn bill Has the ticket such a mark or such a de·vice as will enable a person in chancery. to distinguish one ballot from another t Now the Legislature does Mr. CARLISLE. On page 96 ofthe record! not allow a printer's mark, if it be such a markms that, any more Mr. CALKINS. Yes, sir. than it allows an eagle or a flag. There are many marks used by Mr. CARLISLE. On page 96 I :find a certificate from 0. Dati , printers just as well calculated to distinguish one ballot from another chief supervisor, in relation to the election in Coahoma County, and .as any device that gentlemen can imagine, and the marks or dences at the bottom of the page I find a certificate from 0. Davis, chief used in this instance certainly came within that category. supervisor, in relation to the election at Holmes Lake, in Bolivar But I said that I would not dwell upon this subject, because you County. And I have not said anything about Holmes Lake. may count every on e. of these marked ballots ; the 2,0:29 marked ballot Mr. CALKINS. I beg pardon of the gentleman. The certificate which were excluded from the computation by the couunissioners of refers to all precincts; Rosedale, Australia, Concordia, Terrene, Beu­ Warren County may be included in the computation here, and still lah, Glencoe, Grange Hill, Tupper's Store, and Boli.-ar Landing. General Chalmers is elected, as I shall proceed to how. Mr. CARLISLE. Where is that! Another pi:oposition f&und by the committee, in order to sustain 11.fr. CALKINS. That is in the middle of the page. its conclusion that the contestant was elected by a majority of 385, Mr. CARLISLE . . I must say in response to the gentleman that thi is that there shall be counted 503 votes for Lynch and 75 votes for had escaped my attention entirely. I examined the index very care­ ·Chalmers .from two J?recincts in Bolivar County, although no returns fully for reference to the certificates of chief supervisors and I found, whatever were certified from either of these precincts by the offi­ as gentlemen will ascertain by referring to it, that there is in the in­ cers who held the election, and there is no legal evidence that either dex no reference to the certificates of chief supervisors from the of the candidates received a single vote at either of them. I know precincts mentioned. I will come after a while to discuss the que - this is a very broad statement, but I think that an examination ot tion whether or not the certificates of supervisors in country district , the record will satisfy the members of the House that it is correct. as they are called, (being districts outside of the cities and towns On page 15 of the record will be found a statement made by the which contain a population of20,000,) are evidence under the statute. commissioners of election for Bolivar County and transmitted to the The majority of the committee itself does not :find that such cer-· secretary of state, in which they say: tificates are legal evidence and does not allude to them in this report. We have thrown out the Australia precinct box, 30 Democratic and 192 Rellubli­ So far as the report goes it places this vote alone up

    Mr. MABON. Will the ~ntleman :permit me to a k him a ques­ Elections., the gentleman from Indiana, [Mr. CA.LKlli ,] claims any -tion! such thing. Mr. CARLISLE. Certainly. 1\Ir. CALKINS. I do not. · Mr. MASON. Did the inspectors of electioll8 Dl!lke returns to the Mr. CARLISLE. It has been claimed, not by the gentleman from -<>o mmissioners of election in these three precincts' Indiana, but by the gentleman" from Tennessee, [?tlr. PETTIBOl'I""E,] Mr. CHALMER . There is no evidence that they did. who opened the discussion on the other side of the House, that the .Mr. CARLISLE. I will state the facts. The commissioners in certificates of the supervisors are competent evidence• -their report to the secretary of state, as I have just read, state that Mr. Speaker, there were originally two statutes upon this subject. 1hey sent up to them the returll8 : There was the act of February 28, 1871, which provided for the ap­ We find 75 votes reported by the coiillilissioners and clerks of election at this pointment of a chief supervisor of elections and for the appointment, J>recinct, and we find in the box 71 votes and 4 ballots in which all the names upon the application of two citizens, of other supervisors to be pres­ -were scratched. We do not find any separate list of name-s of the >oters in the ent when the election is held. This law applied only to cities and box :lB required by section 139, Revised Code of Miasissippi. towns having a population of 20,000 or more, and it ga\e to the Now, my friend from New York will see that the commissioners supervisors in those places the power to be present at all times when -did not say whether the inspect.Ors or clerks of election ha\e certi­ elections for members of Congress were to be held, and the power to tied anything to them or not. They do say that they find seventy­ scrutinize and count the vote and to certify to the chief supervisor ti-le votes reported by the commissioners and clerks of election, but of elections all such facts in relation to the election as that officer .nothing else. In whut form they were reported the record does not might require them to certi(y. It gave to them the power to arrest show, and I do not know, but the reason given by the commissioners for violations of law, with or without warrant, the same power as for the rejection of the vote was that the returns were not accom­ was given to the marshals. ~a.nied by the separate list of votes in these three precincts. In 1872 that statute was amended, and the Unit~d StatQS circuit }lr. MA.SON. That is under section 139. courts were authorized to appoint supervisors of elections in districts .)h-. CARLISLE. Yes, sir. Now, as I said before, it does not ap­ outside of cities and towns having a population of twenty thousand pear from this statement for whom these \otes were ca.st. It does and upward. They were authorized to appoint these supervisors, not not appear for what office they were cast. There is a simple state­ upon the application of any two citizens, as was the case with refer­ ment that they found in the box so many ballots, and that the com­ ence to the others, but for any county or parish or-district upon the missioners and clerks sent a return showin~ 75 votes, without saying application of any ten persons who might ask for the appointment. whether they were all for one side or all for the other. Then there But it was expressly provided in this act of 1872 that the supervisors is no evidence to show for whom they were cast. The;y did not appointed under its authority were simply to be witnesses of the >t"ount them. They said they could not count them. casting and counting of the vote and the making of the returns. I Mr. CALKINS. Tho commissioners of election said they would will read the whole provision presently. All the confusion, if there uot count them. is any confusion upon this subject, arises from the fact that the pro­ :Mr. CARLISLE. I say so. But the majority of the Committee on visions of both these acts are compiled and printed together in the Elections count them, not upon the returns as they appear from the Revised Statutes. In some sections we find provisions taken from b ox, but upon the certificate of the chancery clerk that he finds in both the original acts, while in other oases we find entire sections in .that office in Issaquena County certain tally-sheets which he certi­ the Revised Statutes taken altogether from one of the acts. fied, and which are put into this record as evidence. How they got If there were any legal difficulty in construing these statutes we into the office of the clerk of the chancery court nobody knows. have 'the authority of the Supreme Court of the United States for Then here are these alleged tally-sheets. Gentlemen will find them saying that it is not only our right but our duty to refer to the orig­ on pages 89 to 95 or 96 of this record, showing the number of votes inallaw and see how the matter stood at the time the revision and cast. The commissioners make no return of these votes on which a compilation was made. This is what the Supreme Court said in the -count can be based. case of the United States vs. Bowen, in 10 Otto: Mr. RANNEY. They ~rrreed with the supervisors' report. Counsel for Gi>>ernment admitting th:lt it­ Ir. CARLISLE. Not exactly. The commissioners say they find Speaking of a statute- A20 ballots in the box at the Duncansby precinct. If you look at a-dmitting that it has no longer any force independently of the section of the :this tally-sheet we find there were oltiy 417. revision which we are called on to construe, insist that a resort may be had to the l\Ir. HORR. Are they not substantially the same. law which was the subject of revision to interpret anything left in doubt by the Mr. CARLISLE. There are the papers to show for themselves. language of the revisers. How they got into the chancery clerk's office we have no means of This principle is undoubtedly sound, and where there is a substantial doubt a~ knowing, for there is no law which authorizes him to keep or certify ~ ~o==f. o~t~}i:~lies~:~ t~:~~i~e~~o~~~~ 1! a.vf;!ti~~ld:~~~ ihe papers. Gentlemen simply assert that because the papers which tion of the statute law on the subjects which they embraced onE! 1st day of De· he certifies are substantially alike, or because in some respects they camber, 1873. When the meaning is plain the courts cannot look to the statutes whi.ch have been revised to see if Congress erred in that revision, but may do so -.correspond with the returns of the commissioners, they are the same. when necessary to construe doubtful language nsed in expressing the meanins of It might have been sufficient if gentlemen had taken oral evidence Congress. If, then, in the case before ns, the language of section 4820 was fatrly .to prove that these were the genume tally-sheets; but the only evi­ susceptible of t.be construction claimed by the Government, as well as of the oppo­ -dence to support the.xp. is the certificate of an unauthorized officer. site one, the argument from the provision of the statute as it stood before the If he has any authority, my friend from Indiana can show it to the revision would be conclusive. House when he comes to make the argument. Let us look now at those statutes as they stood before the rension, Mr. CHALMERS. Will the gentleman pardon me for interrupting a revision which the Supreme Court declares must be l!teld to contain him t There is no evidence in the record to show they were the the law as it stood in December, 1873. pa~rs sent up by the inspectors. l\Ir. RANNEY. Will the gentleman allow me to call his attention l\Ir. CARLISLE. I have said so. to this point 7 Does he wish to be understood as saying that both Mr. CALKINS. What is not objected to is admitted. The only those sections as they stand in the Revised Statutes are not to be ·@bjootion is they are not certified to by the circuit clerk. The gen- construed as they stand there; and whether, as the construction of tleman is making a technical objection now. a particular section, this particular matter skall not stand as the law bh-. CARLISLE. I am not. I am making a legal and substantive on the statute-book 7 · -ebjeotion; that they come from a place where they had no right to Mr. CARLISLE. In the case to which I refer, my recollection is, be. I have already said that the clerk of the circuit court eyen had although my attention was not directed particularly. to that point, no right to certify those papers. that the question was a-s to the oonstruetion of a single statute which The SPEAKER p1·o tempo1·e. The time of the gentleman has ex- had been revised and incorporated into the Revised Statutes of the pired. United States. Mr. CARLISLE. I will not trespass longer on the tsi.me of the Mr. RANNEY. Does not the :first section of that statute, in regard Honse; but I desire simply to say ~his-- to supervisors, apply to country and city supervisors f And in re- ~Iany MEMBERS. "Go on!" gard to the subsequent section to which reference is made both must )Jr. CARLISLE. In ten minutes I can say all I wish to say in stand together. relation to the que tion of the competency of the_super\i ors' cer- Mr. CARLISLE. I am willing, for the purpose of this discussion, tificate : to tre.at this entire title of the Revised Statutes of the United States Mr. ROBESON. You can ha-ve unlimited time. as one statute; :md I think no lawyer who examines it can hesitate ::\Ir. MOULTON. Go on and elucidate that point . a moment as to its meaning. Surelythat is as fair a method of treat- The SPEAKER p1·o tc:mp01·e. The Chair hears no objection to the ing it as any gentleman can ask. tim of the gentleman from Kentucky being extended. Now, let us see. I have already said thatthe~e were certain super- Mr. CARLISLE. Tho fact has been disclosed since I began my visors of election who not only had the power but whose duty it was r emarks thatastothetwo:precinctsinBolivarCounty,Australia and under the law to certify, upon the requisition ofthe chiefsupervis­ lJoli-var precincts, there are in the record, in addition to the state- ors, any fucts that may ha\e occurred affecting the fairness or legal­ ment made by the commissioners, certificates from the United States ity of the election or the \ote that was cast at the election; and I , npervisors of election; and, as I understand, it is claimed now, have said that those were only the supervisors who were originally although it is not claimed in the report, that these certificates are provided for by the act of 1871, and that the act of 1872, either by l ~al i.ru:!.1oruments of evidence in this case. itself or taken as it stands here in connection with the other, has not l\Ir. ATHERTON. I would like to interrupt tho gentleman long altered or ohano-ed their powers or extended their duties in the ~uongh to &'\y that I do not think the chairman of the Committee on I slighte t re pccf. The section of the statute which relat-es to the

    • 3438 CONGRESSIONAL RECORD- I{OUSE. APRIL 28, certification of facts and votes by the supervisor is section 201 , ti(}n that the GoYernment would have reliable witne ses from each which I will read: party present at the election to testify afterward, if any question To the end that t>ach candidate for the office of Re~resentati\e or Delegate in should be raised as to the legality and fairness of the election. Congress may obtain tht? bent>fi~ of evt;ry vote for him cast, th_e _supertisors of 111r. Speaker, this is all I desire to say. I am very much obliged election are and ea 11 of tl1em 18 reqrured to :personally scrutimze, count, and canvass etu:h ballot in their election district r Yoting precinct cast, whateYer may to the House for extending my time. If I could have obtained the­ be the indorsement on the ballot, or in whatever box it may ha\e been placed or floor at an ea,rlier hour it was my purpose to discuss some of the be found· to make anll forward to the officer who. in accordance with the pro­ other questions in the case; but I think it a matter of justice to the visions of section 2025, has been designated as the chief supervisor of the judicial House and my elf that I should not now occupy the floor longer. district in which tile city or town wherein they may serve, acts, such certificates and returns of all such ballots a such officer may direct and require, and to attach l\Ir. CALKINS. Mr. Speaker, I now, in accordance with the un­ to the registry-list, and any and all copies thereof and to any certificate, state­ derstanding had this morning, move the previous question; and I ment or return, whether the same, or any part or portion thereof, be required by shall follow that with a motion to adjourn unless the gentleman any l~w of the United State , or of any State, Territorial, or municipal law, any from Wisconsin [Mr. CASWELL] desires to submit the report of :1 statement touching the truth ?r accuracy o~ the registry, o~ the tru~h or fairness of the election and canvass, wh10h the supemsors of The election, or e1ther of t11em, committee of conference. may desire to make or attach, ol' which shoul.TNEY. Does not that refer to witnessing the returns railroad lines is fixed at $600,000; to be expended on trunk lines leading to the which the inspectors make; not to returns which they are to make principal cities in the United States as far as I!racticable. On amendment No. 16: To fix the sum for railway post-office clerks at $1,700,000; themselves ! an increase of $50,000 on the original bill. Mr. CARLISLE, (reading.) On amendment No. 17: To fix the sum for route a~ents at $1,555,000, which is They shall have no authority to make arrests or to perform other duties than to an increase of 180,000 on the original bill, and to aurnorize the Postmaster-Gen­ be in the immediate presence of the officers holding the election, and to witness eral to desi~ate postmasters at Presidential offices as disbursing officers for the­ all their proceedings, including the counting of the votes and the making of a payment of salaries of the officers and employes of the postal service concerned in return thereof. the transportation of mails, or in their distribution in tran it, and for all other legal payments to them. Now, we know something of the legislative history ofthislaw, and On amendment No. 18: To fix the sum for mail messengers at $800,000, as origi­ what construction was put upon it at the time it was passed. We nally proposed. know that General Garfield, who reported it to this House from the On amendment No. 19: Continues the right to use officials tamps. On amendment No. 20: To reject the senate proposition in the na.ture of the committee of conference, expressly declared in his place that the franking privilege. purpose was merelytomaketheseofficerswitnessesof what occurred, On amendment No. 21 : To adjust the conditional deficiency money amount to and that they wouid have no power to certify any returns. They correspond witll the changes agreed upon under report. receive no pay. They are a different class of supervisors altogether Amount in money between the two Houses·---··------.---·-··----- $440, 00() from those provided for in the other parts of the statute. Mr. CHALMERS. The gentleman will allow me to call his atten­ ~~~~ :f:lt:t f: ;::I:~:~g:::::::::::::::::::::::::::::::::::::::::: :: :: ~~~: ~ tion to the fact that the fust class of supervisors are required them­ selves to count-- 440,000 Mr. CARLISLE. And certify. , ORDER OF BUSD.'ESS. Mr. CHALMERS. And these are required simply to witness the lli. CALKINS. I do not make the motion to adjourn because 1 count. believe there was an agreement for a recess. Mr. CARLISLE. It was said when the bill was nuder considera- Mr. RANDALL. I make the motion that the House adjourn. '

    1882. CONGRESSIONAL RECORD- HOUSE.

    Mr. CALKINS. Ihaveno objection; Imerelywanted to carry out HOUSE OF REPRESENTATIVES. the agreement. E:XROLLED BILLS SIG~""ED. SATURDAY, April 29, 1882. Mr. ALDRICH, from the Committee on Enrolled Bills, reported The House met at ele>en o'clock m. Prayer by the Chaplain, Rev• . · t hat the committee had examined and found truly enrolled bills of F.D.POWER. . the following titles; when the Speaker signed the.same: The Journal of yesterday's proceedings was read and approved. A bill (H. n. No. 5352) to amend the laws with reference to elec­ tions in West Virginia; and :.\IESSAGE FR0::\1 'I;HE SEXATE. A bill (H. R. 5908) making an immediate appropriation for the A message from the Senate, by Mr. SDIPSO~, one of its clerk , remo, al of obstrucAons at Hell Gate. New York. announced that the Senate had passed, with amendments in which.. LEAVE OF ABSEXCE. the concurrence of the House was requested, bills of the following titles: By unanimous consent, leave of absence was granted as follows: A bill (H. R. No. 2938) for the relief of Thomas Evans; and To Ur. PHELPS, for two weeks, on account of sickness in his fam- · A bill (H. R. No. 5804) to execute certain treaty stipulations re­ ilv; anu lating to Chinese. 'To Mr. HOBLITZELL, for to-morrow on account of important busi­ ness. PLATE-PRINTL~G PRESSES L~ TREASCRY DEP A.RT:llENT. The SPEAKER. The question is on the motion of the gentleman l\lr. ROBINSON, of Ohio, by unanimous consent, submitted the from Pennsylvania, that the House adjourn. followinliresolution; which was referred to the Committee on Bank­ lli. CALKINS. I hope there will be no objection to the motion. ing and t;ui'rency : I understancl that gentlemen on the other side wish the use of the Resolved, That the Secretary of the Treasury be, and he is hereby, requested to­ Hall to-night; and it is a matter of common courtesy that they report to this House, in addition to the information already requested of him in the matter of work done on steam~power plate·printing presses in the Treasury should have it. Department, the original estimate of the cost of saidmachlnes now in use, together­ The motion of Mr. RANDALL was agreed to; and accorilingly (at with their actual cost; detailed statement of all repairs and all other expenses :fi\e o'clock and fifteen minutes p.m.) the Hou e adjourned. thereon; tbe number of such presses now in O.(leration; the number of impres­ sions printed on the several presses during their operation up to date, and the actual cost of such work from every cause ; together with copies of all official re­ PETITIONS, ETC. ports made on said presses prior to and since their introduction to the Depart­ The following memorials, petitions, and other papers were laid on ment. the Clerk's desk, under the rule, and referred as follows : P. F. LOXERGA...~. By Mr. BAYNE : The resolutions of the Coal Exchange of Pitts­ 1\Ir. BUCKNER. I mo>e by unanimous consent that the Commit­ burgh, Pennsylvania, indorsing and urging the passage of the bill tee of the Whole House on the Private Calendar be discharged from relating to the construction of bridges across the Ohio River- to the the fnrther consideration of the bill (H. R. No. 4704) for the relief' Committee on Commerce. ofP. F . Lonergan, reported as a substitute for House bill No. 2984, By Mr. BRE,VER: The petition of Addison, Gage & Co. and and that it be put upon its pa sage. others, for an appropriation for the improvement of the Kinkora The bill was read, as follows: Creek, Burlington County, New Jersey- to the same committee. Be it e-nacted by the Senate and House o.f Representatites of the l!nited States of By Mr. BUTTERWORTH: The petition of James Cullen and 10 Ame-rica in Oonpress assernbled, That the Secretary of the Treasury be, and be is others, manufacturers of Cincinnati, Ohio, protesting against the im­ hereby, authonzed. and directed t{) investigate the claim of P. F. Lonergan, or Pike County, Missouri, for the sum of $646.48, bein~ !be amount of income tax position of a tax on oleomargarine butter- to the Committee on alleged to have been unlawfully collected of him on n.is sal~ and compensation. Ways and :Means. as sheriff and collector of the county of Pike, in the State of Missouri ; and in case· By Mr. CALKINS: The petition of Hon. James S. Hinton and be shall be satisfied that such claim, or any part thereof, was unlawfully collected, others, of Indianapolis, Indiana, for the passage of a bill authorizing he shall refund the same to the said Loner~an, or his .I?ersonal representatives, the appointment of a commission of colored citizens to inquire into out of any money in the Treasury not otherW1Se appropnated. the material interests and progress of their race in the United States­ There was no objection, and the Committee of the Whole Hou e­ to the Committee on Education and Labor. on the Private Calendar was discharged from the further considera­ Byllr. CURTIN: The petition of citizens of Pennsylvania, for the tion of the bill, and it was ordered to be engrossed and rea-d a third establishment of a soldiers' home at Erie, Pennsylvania-to the Com­ time; and being engrossed, it was accordingly read the third time, mittee on Military Affairs. and passed. By 1\Ir. DIBBLE : The petition of 0 . Holt and others, citizens of Mr. BUCK.t.\f"ER moved to reconsider the >Ote by which the bill South Carolina, for an appropriation to improve the navigation of was passed; and also moved that the motion to reconsider be laid. Edisto River, in that State- to the Committee on Commerce. on the table. By 1\fr. HARDENBERGH: The petition of Thomas Gannon, rela,;. The latter motion was agreed to. tive to a section oftheRevisod Statutes relatingto internal-revenut! REFIDIDIXG DUTIES. taxes- to the Committee on Ways and 1\Ieans. 1\Ir. DAVIS, of Illinois. I move by unanimous consent the bill Also, the resolutions of the New Jersey Annual Conference of the (H. R. No.176) to refund certain duties paid upon military uniforms. African Methodist Episcopal Church, urging the appointment of a imported by and for use of Company G, Sixth Regjment Infantry, Illi­ commission of colored men to inquire into and report upon the ma­ nois National Guard, be taken from the Committee oft.he Whole Hou e­ terial interests and industTiaJ. progress of the colored people of this on the Private Calendar and put on its passage at this time. country since the war-to the Committee on Education and Labor. The bill was read, as follows : By Mr. HENRYS. HARRIS : The resolutions of the New Jersey Be it enacted., &c., That the Secretary of the Treasury be, and he is hereby, African :Methodist Episcopal Church, in favor of the appointment aut.hor.ized and directed to refund to William H. Thompson, colonel commanding of a commi sion of colored men to inquire into and report upon the Sixth Regiment of Infantry of the Dlinois National Guard, the sum of $-!90.80; said. industrial and intellectual progress of the colored race since the sum being the amount of auties paid by the said William H. Thompson to the col­ lector of customs, port of Chicago, the 27th day of December, .A.. D . 1880, upon fift:v­ war-to the same committee. four uniforms, and appurtenances thereto belonging, imported by and for the sole By Mr. UA:ID\TJNG: :Memorial of the Legislature of Mississippi, for use (as military uniforms) of Company G, Sixth Regiment Infantry, Dlinois Na­ legislation to authorize the refunding of the proceeds ofthe tax levied tional Guard. on and collected from the cotton crop- to the Committee on Ways and :Mr. RANDALL. That bill comes from the Committee on Ways and Means. Means, and was in charge of the gentleman from illinois, [1\Ir. MoR­ By Mr. PARKER: The petitjon of citizens of Gouverneur, Saint RISON,] who is not now present; but it is all right, he having reported Lawrence County, New York, for a reduction of letter postage-to it back favorably. the Committee on the Post-Office and Post-Roads. The Committee of the Whole House on the Private Calendar was, By~I.r. ROSECRANS: Thepetitionofcitizensofthe United States, discharged from the fnrther consideration of the bill, and it was for the remo>al of the tax on cigarettes-to the Committee on Ways ordered to be engrossed and read a third time; and being engrossed, and )Jeans. it was accordingly read the third time, and passed. By 1\Ir. SCALES: The petition of James W. Reed and others, of 1\Ir. DAVIS, of Illinois, moved to reconsider the vote by which the Wentworth, North Carolina, for an appropriation for educational bill was passed; and also moved that the motion to reconsider be laid purposes-to the Committee on Education and Labor. on the table. By Mr. . URNER: Papers relating to the claim of Emanuel Mason­ The latter motion was agreed to. to the Committee on Claims. By Mr. VANCE: The petition of 150 citizens of Macon County, ASSIG~""MENT OF JUDGE FOR XEV ADA. North Carolina, for an appropriation for educational purposes-to :Mr. CASSIDY. 1\I.r. Speaker, I ask unanimous consent-­ the Committee on Education and Labor. Mr. HOLMAN. I demand the regular order of business. By Mr. WARD: The petitionof18 citizens of Chester, Pennsylva­ Mr. CASSIDY. I ask the gentleman fromlndianatowithdrawhis. nia, for the passage of the French spoliation claims bill-to the Com­ demand for a moment, so I may call up a matter of great importance· mittee on Foreign Affairs. to the people of my State. It will take but a moment. I wish to­ By 1\Ir. YOUNG: The petitions of George W. Smith and 54 others, ask to take from the Speaker's table the billS. No. 1287, and to put citizens and firms of Hartford, Connecticut; of James Fernsy and 38 it on its passage. It is to assign a judge to the United States court. others, cit~ens of Pittsburgh, Pennsylvania, and of L. D. Garrison Mr. HOLMAN. You want to retire a judge on full pay. and 39 others; citizens of Cortland, New York, for the passage of the Mr. CASSIDY. We want to assign an additional judge. bill now p~nding to tax glucose five cents per pound-severally to Mr. HOLl\I.AN. I know; but you want to retire a judge on full1 the Committee on Ways and l\Ieans. pay.

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