1888 CONGRESSIONAL) RECORD'-SENATE. FEBRUARY 24,

Also, the petition of citizens of De Kalb County, Missouri~ for the C. ATKINs of Tennessee, and Mr. RoBERT HAMILTON of New Jersey· repeal of the bank-tax laws, to the Committee of Ways and Means. managers on the part of the Honse. Also, the petition of citizens of De Kalb and Gentry Counties, Mis­ The message also announced that the House had disagreed to the souri, for the removal of limitation on the time for applications for amendments of the Senate to the bill (H. R. No. 4472) malring appro­ pensions, to the Committee on Invalid Pensions. priations for the legislative, executive, and judicial expenses of the· By Mr. ROBINSON: The petition of John A. Charles and 62 other Government for the year ending J nne 30, 1878, and for other purposes,. citizens of Fairmount, Indiana, for cheap telegraphy, to the Com­ asked a conference on the disagreeing votes of the two Houses there­ mittee on the Post-Office and Post-Roads. on, and had appointed Mr. WILLIAM. S. HOLMAN of Indiana, Mr. Also, the petition of M.S. Bondy and other citizens of New Castle, HIESTER CLYl'riER of. Pennsylvania, and Mr. HENRY WALDRON of Indiana, for the repeal of the bank-tax laws, to the Committee of Michigan managers on the part of the House. Ways and Means. PERSONAL EXPLANATION. By Mr. THOMAS: Two petitions, onefromSamnelHambleton, J. L. Adkins, and other citizens of Talbot County, the other from Robert !Ir. BOGY, (at eleven o'clock and thirty minutes a. m.)' Mr. B. Dixon and other citizens of Talbot County, Maryland, for the re­ President, I desire to make an explanation to the Senate. I pre­ peal of the bank-tax laws, to the same committee. sented a few days ago to the Senate resolutions from my State pur­ By !Ir. THORNBURGH : A paper relating to the establishment of porting to have passed both houses of the Legislature, instructing a post-route from Rogersville to Estillville, Tennessee, to the Com­ the Senators from that State and requesting the members of the mittee on the Post-Office and Post-Roads. Honse to vote for what is generally known as the Texas Pacific Rail­ Also, the petition of Thomas L. Duncan, late a private in Com­ road bill. At the time I presented the resolutions I believed they pany I, Seventh Tennessee Mounted Infantry, for a pension, to the had paased both branches of the Legislature of my State. They Committee on Invalid Pensions. were inclosed to me by a. member of the Le~lature, and from a hasty perusal of the letter in my seat I was satisfied they had passed both branches, and so believing I felt it to be my duty to present' them. I have not his letter at this moment, and it may be I did not :file it away, as is my habit. Now I see by the papers that the resolu-· IN SENATE. tions did not pass both branches, but were in fact rejected in the senate. SATURDAY, February 24, 1877-10 a. m. I therefore feel it to be my duty to myself and to the Le~slature The recess having expired, the Senate resumed its session. to make this explanation. The resolutions were presented to the Senate as having passed, w~en in fact they did not pass. ELECTORAL VOTE OF OREGON. The PRESIDENT pro tempore. The Chair will lay before the Senate ELECTORAL VOTE OF OREGON. a communication from the president of the electoral commission. It At eleven o'clock and fifty minutes a. m. Mr. G. M. ADAMs, Clerk will be read. of the House of Representatives, appeared below the bar and said:: The Secretary read as follows : Mr. President, I am directed by the House of Representatives to· WASHINGTON, D. C., February 23, 1877. notify the Senate that the House is now ready to meet them in joint Sm : I am directed by the electoral commission to inform the Senate that it has meeting of the two Houses to count the votes for President and Vice­ considered and decided upon the matters submitted to it under the act of Congress President. concerning the same, toucbin_,g t.he electoral votes from the State of Ore~on, and The PRESIDENT pt·o tempore. The Senate will now repair to the herewith, by direction of sa.io. commission, I transmit to you the said decision, in writing, signed by the members agreeing therein, to be read at the meeting of the Hall of the House of Representatives. two Houses accordin"'to said act. All the certificates and papers sent to the com­ The Senate accordingly proceeded to the Hall of the House of Rep­ mission by the Presi:'ient of the Senate are herewith returned. resentatives. NATHAN CLIFFORD. The Senate returned to its Chamber at twelve o'clock and ten min­ President of the Oommis8Um. Hon. THOMAS W. FERRY, utes p. m. and the President pro tempore resumed the chair• . President ot the Senate. The PRESIDENT pro tempm·e. The Senate, having returned from the joint meeting in the House of Representatives, separated upon' Mr. LOGAN. I move that the House of Representatives be noti- an objection submitted to the decision of the commission upon the• fied that we are ready to meet them. · certificates from the State of Oregon. The Chair will lay before· The PRESIDENT pro tempore. The Senator from Illinois moves the Senate that objection in writing. It will be read by the Secre­ that the Honse be notified that the Senate is ready to meet the House tary. for the purpose of receiving the decision of the commission. The Secretary read as follows : The motion was agreed to. The undersiped, Senators and Members of the House o£ Representatives of the The PRESIDENT pTo tfJmpore. The Secretary of the Senate will United States, object to the decision of the joint commission directing the count. so notify the House. ing of the vote of John W. Watts, an alleged elector for the State of Oregon, as CREDENTIALS. given for Rutherford B. Hayes for President of the United States and for William A.. Wheeler, of New York, for Vice-President, and rejecting the vote of E. A. Mr. JOHNSTON. Is it in order to make a motion t Cronin as cast for Samuel J. Tilden, of Mew York, for President, and Thomas A. The PRESIDENT pm tempore. Legislative business is not in order. Hendricks, of Indiana, for Vice-President, on the following grounds: Mr. CHRISTIANCY. If it be now in order, I present the cre- 1. John W. Watts was not elected a presidential elector for Ore.,.om 2. He (J. W. Watts) was uot legally appointed as a presidential' elector: dentials of my colleague from Michigan for re-election to the Senate 3. He (Watts) was disqn3Jified to receive any appointment as presidential elector for six years from the 4th of March next, and ask that they be read. or the vote as such, in that he held an office of trust and profit under the United The PRESIDENT pro tempore. It is in order. The Chair rules that States. credentials may be read, that matter pertaining to the personnel of 4. E. A. Cronin was elected a presidential elector for the State of Oregon, and in accordance with law as such ca t aleaal vote as an elector for Samuel J. Tilden this body. The credentials will be read. for President and Thomas A. Hendrie~ for Vice-President, and the vote so cast The credentials of THOMAS W. FERRY, elected a Senator by the should be counted. Legislature of Michigan for the term of six years commencing March JAMES K. KELLY, 4, 1877 were read and ordered to be filed. WM. PINKNEY WHYTE, 1 HENRY COOPER, l'riESSAGE FROM THE HOUSE. J. E. McDONALD, U'. M. NORWOOD, A message from the House of Representatives, at eleven o'clock and FRANK HEREFORD~) three minutes a. m., by Mr. GEORGE M. ADAMs, its Clerk, announced ' Benatora. that the Honse had disagreed to the amendments of the Senate to the LA FAYETTE LANE; bill (H. R. No. 4187) making appropriations for the service of the ~: i ~Mr~TON,. Post-Office Department for the fiscal year ending June 30, ltl78, and JOHN L. VANCE, o£ Ohio, for other purposes, asked a conference on the disagreeing votes of J. W. THROCKMORTON, the two Houses thereon, and had appointed Mr. WILLIAl'ri S. HOL­ SCOTT WIKE, MAN of Indiana, Mr. JAMES H. BLOUNT of Georgia, and Mr. CHARLES P. D. WIGGINTON;. J. K. LUTTRELL, FOSTER of Ohio managers at the conference on the part of the Honse. Representatives. The message also announced that the House had disagreed to the 1 amendments of the Senate to the bill (H. R. No. 4616) making appro- • Mr. SARGENT. I offer the following resolution :1 priations for the naval service for the year ending June 30, 1878, and Resolved, That the decision of the commission upon the electoral vote of the for other purposes, asked a conference on the disagreeing votes of the State of Oregon stand as the judgment of the Senate, the objections made thereto two Houses thereon, and had appointed Mr. JAMES H. BLOUNT of to the contrary notwithstanding. Georgia, Mr. W. C. WHI'ITHORl\~ of Tennessee, and Mr. EUGENE HALE The PRESIDENT pro tempore. The question is on agreeing to the of Maine managers at the conference on the part of the Honse. resolution. The message further announced that the House had disagreed to Mr. EDMUNDS. I ask for the yeas and nays, Mr. President. the amendments of the Senate to the bill (H. R. No. 4559) making ap- The yeas and nays were ordered. propriations to supply deficiencies in the appropriations for the fiscal Mr. KELLY. Mr. Presidetl.t, I believe we are limited to ten minutes year ending June 30, 1877, and prior years, and for other purposes, in our speeches r asked a conference on the disagreeb:lg votes of the two Houses there- 1 The PRESIDENT pro tempore. The Senator is correct. on, and had appointed !Ir. HENRY WALDRON of Michigan, Mr. J.D. · Mr. KELLY•• - I hardly think it is necessary to begin an argument 1877. CONGRESSIONAL RECORD-SENATE. 1889 in that length of time; but I wish the Senate to pass upon this point judgment to the several decisions made by the electoral commission distinct.ly. It appears that the decision recites the fact that on upon the main questions submitted to them. In my opinion its de­ 7th day of November 1\Ir. J. W. 'Vatts, who is objected to, was a cisions contravene the spirit of the Constitution and as well that of postma':ster. That fact is clear and indisputable. The commission the statute creating it, and unhappily give life and effect to the say that, nowithstanding that fact, he still was eligible ; that if he grossest fraud upon the ballot-box, establish wrong, and deprive the did not hold the office at the time he cast the vote, on the 6th of De­ American people of the Chief Magistrate dnly elected and fasten upon cember, be is not disqualified. In my judgment that is a decision in them one not so elected. plain violation of the Constitution of the United States. The Con­ Iu the few minutes allowed me in this debate, I will state a very stitution says : brief summary of the grounds of my opinion. Each State shall appoint, in such manner as the Legislature thereof may direct. The Constitution provides in clause 2 of section 1 of article 2, as a number of electors equal w the whole number of Senators and Representatives follows: to which the State may be entitled in the Congress: but no Senator or Representa­ Each State shall appoint, in such manner as the Legislature thereof may direct, tive, or person holding an office of trust or profit nnder the United States, shall be a number of electors equal to the whole number of Senators and Representatives appointed an elector. to which the State may be entitled in the Congress; but no Senator or Representa.. That strikes at the very beginning of the time when an elector tive, or person holding an office of trust or profit nnder the United States, shall be claims to be appointed; that is, at the election. "Election" and "ap­ appointed an elector. pointment" are here synonymous, and the Revised Statutes of the This clause of the Constitution plainly provides that the States shall United States provide that- have the right to elect the President and Vice-President, ancl defines The electors of President and Vice-President shall be appointed in each State on how the power to be exercised for that purpose shall be exercised: the Tuesday next after the first Monday in November. Each. State. shall appoint, in su.ch manner ag the Legislature thereof may direct, ~c. That is the day when they are to be appointed, in November. This power is absolute. It implies the right and power to appoint They cannot be appointed afterward. If an elector were ineligible unqualifiedly, as the Legislature may direct, with one limitation, to at that time it would be impossible to render him a qualified elector wit: by subsequent resignation. In support of this position I refer to a But no Senator or Representative, or person holding an office of trust or profit decision made by the supreme court of California, Searcy vs. Grow, nnder the United States, shall be appointed an elector. 15 California Reports. I have not time to read it; I simply refer To appoint electors means to make all laws and regulations, and to to it and also to two other decisions which will be remembered by provide all tribunals, and to do all things necessary to their complete every Senator. appointment. Neither in terms nor by necessary implication has the In the State of Rhode Island the governor, under the peculiar laws Federal Government, or any department thereof, any power to re...,u­ of that State, submitted to the supreme court of Rhode Island the late or modify the manner of such appointment, or to reject or reve~se question whether Mr. Corliss, who was holding an office of trust un­ the same when made as the Legislature shall direct, if the same shall. der the United States on the day of election, was a person who could not conflict with the clause of the Constitution just cited making be chosen an elector. He bad resigned the office after the election, certain classes of persons ineligible. With this exception, to deter­ but was holding it on the day of the election. The supreme court of mine who is an elector is unqualifiedly within the jurisdiction of the Rhode Island held that he was ineligible; that to be eligible to be State. .And when the properly constituted State authorities, the law­ elected or appointed he must have been qualified on the day of elec­ ful State tribunals, whether one or more, shall have ascertained ac­ tion. Here is a solemn decision of the supreme court of Rhode Island. cording to the laws oi the State who is an electo1', and shall have done The same· thing was settled by the Legislature of Vermont. A man all necessary thingt'!, made all necessary inquir"ies and decisions to by the name of Sollace, a postmaster, was V(\ted for, and a few days that end, the United States-the Senate and House of Representa­ after the election be resigned. The Le~islature of Vermont, being tives sitting to count and counting the electoral vote for President con\ened, by the very fact that t.hey appornted another man, held that and Vice-President-are bound to accept such elector and cannot re­ Sollace was ineligible and sustained the doctrine for which I contend. ject him, or review, modify, or reverse any action or decision of the Mr. EDMUNDS. Will the Senator let me tell him. that the Legis­ proper State authority iu relation to his appointment. It is the right, lature did not appoint him Y the duty of the State to appoint. Mr. KELLY. 1 understand that the Legislature convened imme- The elector when so appointed is an officer or agent to do an of­ diately afterward and appointed him. ficial act for the State appointing him, affecting the several States Mr. EDMUNDS. The Senator is entirely mistaken. and the United States. As soon as electors are appointed by the Mr. CONKLING. It passed a bill authorizing another. State, they come within the jurisdiction and authority of the United Mr. KELLY. That is virtually the same thing. States under and in pursuance of the Constitution and laws. The Mr. ED~1UNDS. No, the Legislature passed a general law amend­ Constitution forther provides that- ing the old law, so as to make it absolutely clear that the electors in The electors shall meet in their respective States, and Yote by ballot for two per. all future time would have a right to :fill every sort of vacancy. sons, of whom one at least shall not be an inhabitant of the same State with them­ selves. And they shall make a list of all the persons voted for, and of the number Mr. CONKLING. Including that one. of votes for each; which list thPy shall sign and certify, and t:ransmit sealed to the :Mr. ED~1UNDS. Including that one. seat of tho Government of the United States, directed to the President of the Sen­ Mr. KELLY. I am sorry my time is so limiteo, or else I should be ate. glad to bear from the Senator from Vermont a little longer in explar Such electors must comply in all respects with the provisions jnst nation of what he asserts; but taking the very ground suggesteu, it cited and all properstatutoryregulationstoexecutethesame. When shows that the person voted for was not considered eligible; else the they shall have voted for President and Vice-President and the vote Legislature would not have passed a law authorizing the other elect­ as cast by them shall come before the Senate and Honse of Represent­ ors to supply that vacancy. They recognized the fact that be being atives in joint session, then the two branches of Congress, according to ineligible some legislation was required so as to fill the vacancy. their respective organizations, must by necessary impliuation, inquire Here are three decisions, the decision of the Legislature of Vermont, whetheL· the Constitution and laws of the United States b:tve been the decision of the supreme court of Rhode Island, and the decision complied with; whether there was a Legislature of the State which of the supreme court of California; and in addition we have the fact did direct the appointmentofsuchelectors; whethersuchappointment that in 1837 a joint committee appointed on the part of both Houses, was ascertained to have been made by the proper authorities of the of which the Senate portion consisted of Felix Grundy, Henry Clay, State designated and provided by the laws of the State for that pur­ and Silas Wright, upon an investigation of this matter declared it to pose, that is, by the authorities provided by the State to ascertain be the doctrine of the Constitution that no person holding the office who shall have been appointed; whether persons purporting to be of postmaster could be elected or chosen, and that a subsequent resig­ such authorities were such according to law and proceeded in their nation did not cure the defect. If anything can be settled by legisla­ office according to law; who were tho duly ascertained authorities of tive precedents, it seems to me that this point was settled by the the State in any way connectecl with the appointment of such elect­ unanimous decision of a joint committee of both Houses of Congress, ors, as for example, who duly composecl the Legislature; who was the by the Legislature of a sovereign State, and by two supreme courts. governor, the secretary of state, the returning board, and the like. Indeed it seems to me that it does not require any adjudication to Ordinarily tho two branches of Congress would take official notice of settle a point that is so plain as this. · tl1e Legislature and the several officers of the State, but in ca-se the Mr. MITCHELL. Will my colleague allow me to interrupt him. 7 existence or right of these shall be dnly questioned, then solemn in­ Mr. KELLY. I cannot. Yon will have ten minutes. My colleague quiry must be made and all decisions made to that end, not for the is iu the habit of interrupting me every time I get up to speak when purpose of reviewing, modifying, or reversing their action, but to see, ho knows my time is limitecl. I think it is almost discourteous, but first, t(hat they had the right under the constitution and laws of the I will withdraw that word. State to act, and secondly, that they did act according to law. Mr. MITCHELL. Probably it is no more discourteous than to de­ To make such inquiries and such decisions is essential, else bow cline in the abrupt manner that my colleague has done. could the Senate anu House of Representatives know that persous 1\Ir. KELLY. I surely cannot be called upon to give part of my purporting and claiming to be electors for a State were indeed so time when my colleague will have ten minutes to answer me. according to law f The two branches must know who were electors, Mr. MITCHELL. I simply desired to say that my colleague has that the persons claiming so to be were such; and this implies neces­ misapprehended the decision of the commission, and I wished to give sarily the power to make all inquiries and decisions for that purpose. him an opportunity to set himself right. But for the existence of snch a power of inquiry, decision, and judg­ 1\Ir. KELLY. I suppose my time bas been exhausted by these ment, conspirators might easily supplant and defeat the purposes of questions, and I will not say anything further. the Constitution. This is one of the cases where under our system Mr. MERRIMON. Mr. President, I cannot give the sanction of my the Federal Government is bound to act upon and accept, and cau-. V-119 1890 CONGRESSIONAL RECORD-SENATE·. FEBRUARY 24, not revi!3w, modify, or reject the action of the State government; it postmaster or an office-bolder on the 6th of December when the elect­ can only through its properly eonstituted agencies inquire and de­ ors voted it was argued that there was no such vacancy in tho col­ termine who were the lawful State authorities to ascertain results lege of electors as that college had a right to fill, ancl therefore that and what tiJey did in ascertaining who were electors. If Congress or the election by the college was a nnllity. any other Federal tribunal could review, modify, or reverse the action On the other band, Watts, Odell, and Cartwright received majori­ of the lawful officers of the State, how, I ask, could it be said that ties of the people's votes ranging over 1,000 above their highest c0m­ the State appointrd the electors f petitors. The secretary of state canvassed the vote on the 4th day of Now, lf>t us apply this exposition of the Constitution to the case of December, made his certificate of the result, showing the election of_ the returns from the State of Florida. It was the duty aml the right Odell, Cartwright, and ·watts, which was filed in the office of the sec­ of the properly constituted authorities of that State to ascertain, and retary of state. The secretary of state was the canvassing or returning they alone could ascertain lawfully, who were duly elected electors officer for the State of Oregon. I read from the Oregon statutes: for President and Vice-President at the late election. If such authori­ The connty clerk; immediately after making the abstract of the votes given in, ties did act according to the laws of that State ancl ascertain that certain his county, shall make a copy of each of saiu abstracts, and transmit it by mail to, persons ·were elect-ed electors, then the Senate and House of Representa­ the secretaryof state, attbe seat of government; ancretary of state shall prepare two lists of the electors elected and aili.x: law as expounded by the supreme judicial tribu-:-tal of t~at State, then the seal of the State to tho same. Such lists s t: all be si~?;ned by tho governor ar.d, secretary, and by the latter delivered to the college of electors at the hour of th01r• the returns ought to have been rejected as null and void. ~eeting on such first \Vednesday of December.-General Statutes, section GO, page In this case the evidence which ought to have been admitted by .18. the commission proves that the secretary of state, the attorney-gen­ The duty of the governor is imperative, to sign the list which is eral, and the comptroller of public accounts composed the returning made out by the secretary of state, who, as in the case of members of board of the St.ate of Florida; that this board ha,d lawful authority Congress, is made the canvassing and returning officer. The governor to canvass the returns of the election from the several counties; that is no part of the returning board, has nothing to do with the canvass­ they had only tiJe ministerial power to count the vote, to aggregate ing of the votes, hut is absolutely required to sign the list made out it asit came to them; that, however, they exercised judicial powers and by the secretary of state. Then I reacl section 59 : undertook to inquire and determine whether the vote as cast was lawful The eleetors of President and Vice-President shall convene at the seat of govern­ or unlawful, and in the exercise of such power falsely and fraudulently ment on the first Wetlncsday of December next after their election, at the hour of rejected the whole vote of one county and the vote of many precincts twelve of the clock at noon of that day, aml i1 t.bere shall be any vacancy in the, in other counties in that State, and thus willfully and corruptly and office of an elector, occasioned by death, refusal to net., neglect to attend, or other-. wise, the electors present shall immediately proceetl to fill by viva voce and plural­ unlawfully ascertained that the persons favorable to the election of ity of votes such vacancy in the electoral colle,go, and when all the electors shall: the rf'>pu blican candidates were elected electors ; that they did this appear, or the vacancies of any shall ha;>e been filled as above provided, such elect­ in the face and defiance of repeated decisions of the supreme court of ors shall proceed to perform the duties required of them by the Constitution and that State expressly deciding that this board had only ministerial laws of the United. States.-General Laws, section 59, page 578. powers, and not judicial powers; that if the vote had been duly It was contended by a majority of the commission that this law au­ counted then the candiclates favorable to t.he democratic candidates thorized the college of electors, a majority, to fill a vacancy arising would have been ascertained to be elected; that this board did not from nny cause, from death, refLtsal to act, failure to attend, failure proceed according to the law of that State, and did not ascertain the to elect, or from any canso that can be imagined. result of the election there, and as a. necessary consequence there­ It was the purpose to give the college of electors the right to fill turns from that State ought at least to have been rejected. any vacancy, so that t.be State of Oregon should be fully represented This opportunity will not allow me to aclvert specially to the cases in the electoral college. ThA college of electors, the majorit.y,exercised of the returns from Louisiana and Oregon, but tlle decisions of the this unquestioned right. Watts on the 6th uay of December was not electoral commission in those cases are in several respects grossly a Federal office-holuer; he was as completely qualilied a,s any citizen erroneous for the like and other reasons. in Oregon. Mr. ANTHONY. ?!h. President, I wish to correct a citation which We hold, therefore, that it was wholly immaterial whether he was. the Senator from Oregon made from the decision of the supreme a postmaster on the 7th clay of November or not; because if be was court of Rhocle Island, or ru,ther to enla.rge it. Among the questions not a Federal office-holder on the 6th of December, if he was then submitted to the Aupreme court were first us to the eligibility of the qualified, that brought him within the meanin~ of the Constitution. candidate for elector who held the office of centennial commissioner, His election was not invalida.ted any more tuau the election of a. and fourth to the election of the democratic candidate next highest on Senator would be who was elected before he was thirty years old, the list. Upon this point tho supreme court.said: but was thirty years old when he took his seat.. But that question became immaterial because be resigned the We think the disqualification does not result in the election of the candidate next in vote, but in a failure to elect. office of postmaster before the 6th da.y of December, was completely qualified, and then the college of electors had the right to elect him Mr. KELLY. I knew that, but I referred to the other point of to fill the vacancy. their decision. 'fo remove any cloubts be himself resigned the office of elector, so Mr. MORTOY. I believe, 1\Ir. President~ it was not argneu by any­ as to make a vacancy in the electoral college certain, and then the body upon the commission that Cronin was elected ; tiJat Tilden had college of electors, under the unquestionable authority of the law, a vote in Oregon; but the minority of the commission took the ground elected him to fill the vacancy, so as to make the electoral college that there were but two electors chosen in Oregon, and that Hayes complete and lawful under all circumstances and in any view of the bad but two votes in that State. Watts was postmaster at La Fayette case. on the 7th day of November. It was argued therefore that be was Mr. CONKLING. Mr. President: Oregon meant to appoint tho re­ not elected, that the election was a failnre so far as he was con- publican presidential electors. . cerned, and that but two were elected. On the 13th of November The people of Oregon, by a plain and undenied majority, honestly Watts resigned. On the 14th his resignation was accepted, and on and intentionally voted for the republican pre ideutial electors. 1he same day the office was transferred to another, and to another Two certificates having been received !rom Oregon, the <1uestion of building. ·when the electors met ou the 6th of December, 'Vatts the count of her votes has been examined by the electoral commission. nanded in his resignation as an elector, aml was afterward chosen A majority of the commission have sent us two things: to fill the vacancy, and cast his >ote. Although Watts was not a First; a decision that the vote ought to be counted as the people of 1877. CONGRESSIONAL RECORD-SEN ATE. 1891 the State really and honestly meant it to be counted and as they de­ of votes from nen,rly one-half the parishes of the· State, as well as clare(l at the ballot-box it shonld be counted. of the ineHgibility of two clect~rs, was not only tendere(l to but · Second; a statement of reasons by which the decision waR reached pressed upon the commission. Yet the commission deeided that such by the commissioners. proof was inadmissibh', and closed its cars to the demand of the On the first matter thus reported, namely the decision that Ore­ people of the country for an honest count of the votes and the right­ gon's vote should be counted as designed and directed by the people ful settlement of the dispute. The action of the corrupt returning of Oregon, the Senate is required to express its judgment. board of Louisiana is interposed as an estoppel to the demands of jus­ The form of this expression is proposed in the pending resolution­ tice enforced by the voice of more than half of the American people. That resolution does not, as I understanu it, summon any Senator What woul<.l my Lord Mansfi.ehl have said could such a case have to express his opinion of the reasons assigned for the decision snb­ come before his' court f Would he have refused to inquire into fmncl mi tt ed to us. when the proof was tendered f No, sir; he would have awarded an I therefore say nothing about the argnment or the reasons which investigation and demanded its exposure, even if it shook the throne appear in the paper read in the joint meeting to-day. Every Senator or impeached the most solemn judgment of the House of Lords. Yet­ is entitled to his own argument, and his own mode of arriving at his this commission has declared that no fraud, however patent and sus­ opinion. ceptible of proof, ean be shown to impair the validity of the action of I believe Oregon's votes should speak as those who had the right a canvassing board, which must remain, notwithstanding such fraud, and power to utter the voice of that State, meant they should speak. firm and stable forever. My vote here will express this judgment; all beyond this I disclaim. I shall say nothing of the personnel of the commission; but neither In the brief moments allotted to this discussion, an argument would the high character of its members nor their official position can shield not be possible; I shall therefore attempt no statement of my reasons. their decision from the criticism of their countrymen. The American Indeed, could an argument be made in the ten minutes given to people will not be satisfied; they ought not to be satisfied. It defen,ts each Senator, I would not attempt to make one. for the time being our elective system of government and will greatly I will do no! bing to retard or defer for a moment the conclusion of impair confidence in the permanency of free institutions. It will do the presidential count. On the contrary, I will in every lawful way more; it will bring reproach upon republican government amo-:;g the hasten the proceeding, to the end that at the earliest hour the vote nations of the earth. I can only enter in the time allowed my pro­ of the last State may bo counted, and the result declared under the test as a citizen and Senator agaJnst conclusions so monstrous and so law, quietly, certainly, and conclusively. violative of right. I therefore surrender, in the interest of expedition, the remainder Mr. BOGY. Mr. President, the question is too grave and too im­ of my time. portant to allow it to pass without entering my solemn protest Mr. SAULSBURY. Mr. President, I shall not attempt to discuss against the decision of the commission. The time allowed to each the Oregon qnestion, but I shall avail myself of this opportunity to. Senator is too short to enter into any·argument. e-xpress very briefly my opinions in reference to the conclusions of In the State of Florida a retnrnin~ board, acting not only outside the commission. The time limited for debate will not allow a full of the bw but in violation of the 1aw as deciued by the supreme expre sion of the grounds of dissent, nevertheless I shall not permit court of that State, I mn,y say robbed the people of the State of Flor­ this opportunity to pass without at least entering my protest a.gainst ida of the vote they bad given to Tilden and transferred it to the other the action of the commission, not only in reference to the case of candidate. I repeat, this was done in violation of law as decided by Oregon but also in the cas1 s of Louisiana and Florida. In the latter the supreme court of thn,t State. In the State of Louisiana a return­ State every department of her government bas expressed unqualified ing board, acting also outside of the bw and in the most corrupt. man­ disapproval of the unwarranted and unauthorized action of the two ner, which is notorious and known to the whole country, without law returning officers who fraudulently certified the election of the Hayes or authority also robbed the people of thn,t Stn,te of a majority wllich electors. That the Tilden electors were fairly elected in Florida is they bad given to Tilden of some 8,000or 10,000 votes and transferred now beyond question, and the proof of that fact was tendered to the them to the other candidate. In the State of Oregon au elector who commission. Yet ignoring the very right of the matter, the majority held office at the time be was voted for, and was thereby ineligible of the commission proclaim to the people of the country that their under t.heConstitution of the United States, is yet sustained as a legal authority and power under the Constitution and laws as they existed elector because his vote was necessn,ry to secure a majority to the at the time of the creation of the commission is insufficient to over­ republican candidate. Under this condition of facts it is my duty as come technica!ities and inCJuire into the fraudulent a-ction of a re­ a Senator to enter my protest against the conclusion arrived at by turning board. This proclamation neither meets the demands of the commission. justice and right, nor the just expectation of the American people. Mr. President, I voted for tbe law creating the commission. I difl On the contrary it subverts right, and throws the mantle of protec­ it because we all saw that the votes of these three States woultl tion overfrand. come before the joint session. \Ve feared we were partisans with In the Louisiana case the decision of the commission is simply mon­ strong attachments for oue side or the otlwr, anll fearing our im­ strous. In that State it is not denied that the majority for the Til­ partiality, and not confident in our own strength to re~ist party den electors was from six to nine thousand-a majority larger thn,n influences, we decided to cren,te a commission which we thought that given for any party in more than one-half of the States of the would occupy a higher pln,ne, beyond the reach of party, a,nd beyond Union. the influence of any party feeling. Upon that trilmnal wo placetl It is not denied that the returning board, notorious for its fraudu­ five of t.be judges of the Supreme Court of tho United State~:~, men lent action on former occasions, rejected in violn,tiou of law and in eminent for their official position and for their high character. We disregard of the rights not only of the people of Louisiana, but of thereby thought that we were creating a tribunal fa.r beyond the reach the people of the whole country, more that 10,000 democratic votes, of party or the inflnence of partisan feeling; but the country will and fraudulently certified the election of the Hayes electors. have to decide whether this tribnnal cren,terl by us has justly met I am aware that an excuse has been made in the Senate of the the expectations of the majority of tho two Honses of Con::,•Tess who United States and elsewhere for the action of the returning board of created it. Indeed, it will also have to decide whether the public ex­ Louisiana in rejecting this large number of democratic votes on the pectation has been fairly and justly met. alleged ground that tbere had been violence and intimidation which In my opinion, t.ho tribunal thus created was as much nuder tba prevented a free and fair election. I will take this opportunity to say influence of party as the returning boards in Florida or in Louisiana. in reply to aU such excuses, that after having visited that State and Indeed, I believe it was more so aoVirginia, the people would still preserve their entire power to was ineligible for election on ·the day of election; that therefore t.he repair the loss in their college and secure their full vote in making: election was void; and the election being void, there was no vacancy a President of the United States. .All the States had done this with to be tilled by the board of electors remaining; therefore, under the more or less perfectness. Some of them, as in the case of Rhode Island, law of Oregon, the electors could not fill it. had so framed their law that if the person voted for were ineligible,. Mr. President, it seems to me that the persons taking that position and therefore was not elected, then there was no power in the college• lose sight of one very important matter. The office of elector at the to fill that vacancy. The statute of Vermont was liable to the same last election was not an office created on tbat occasion which had criticism. The supreme court in the one case and the Legislature in never been filled. The office of elector is au office estalllished by the the other ascertained these defects ana they were remedied by the­ Const.itution of t.he United States, and the office has existed ever passage of appropriate genera.l laws. But suppose that general law since the adoption of the Constitution of the United States. It has bad been passed by the State before the occasion arose, would any­ been filled time and again by the various electors chosen at the pres­ one say that it would not operate as much as if it was passed after· idential elections to perform the duties of that office. In the State the occasion arose t If there could be a difference in t.be degree of of Oregon, at tho preside;ntial election preceding the one in Novem­ respect accorded to the respective cases, the statute which was made• ber, the office of elector m that State was filled by the electors ap­ for general purposes and before a particular case arose should have. pointed at that time. The term of the electors terminated with the more sanction, more authority, more respect than one that was made discharge of their dutie-s on that occasion ; and the office having then in the presence of the case and where it might be dictated by party been filled, the functions of the office having been discharged by the expediency. electors then appointed, when they cease to discharge the duties of The State of Oregon had provided in the amplest mannerfor filling their office there is a vacancy, because the office has once been filled ; a vacancy in case the people themselves should fail to elect, or in case the people were to fill that vacancy. Grant that the attempt to elect the man elected failed to attend or in any way wru~ incapacitated. Watts was void, grant even that position, which I do not do by any The law of the State is clear and plain: and is as perfect as that of means, then there is still a vacancy, and two electors having been ap­ any State. Now, the people of that State have acted in perfect good pointed in November under the Constitution and laws, they had a. right faith under valid and adequate laws. Shall their will be defeated f to fill the remaining vacancy in that office. Til is is not the case of an 'Vho stand on the equitable side of this proposition; those who are office created by law which has never been filled. Only in that cas ~ claiming that it is not righL that one-third of the voice of the people would the position apply which is urged by the opponents of the of a State shall be deprived of a hearing, or those who contend for election of Watts. So til at every ground w bich has been urged in the opposite t Why, sir, each Senator must ju(lge for himself as to this case is without foundation, and the attemp~ to defeat the vote his course of duty; but it seems strange to me that the Senator from of Oregon, not challenged as being impaired with any indirectness or Oregon has for months tried by various means and finally by his con­ fraud on the part of the people, by the part.> claiming to be demo­ clud"ing argument, which was characterized by considerable ability, cratic, is beyond all that I can conceive of as consistent, right, or to prt>vent the voice of his State being fully heard. He would de­ honest. }Jrive his State of its due and adequate voice. It might do him injus­ The PRESIDENT pro temp01·e. The question is on the resolution tice to say that this is because that voice is against his party affilia­ of the Senator from North Carolina. tions. I will not assume to jndgd him. But other Senators who Mr. W .ALLACE. I offer the following substitute; strike out all cannot have any personal connection with this matter might admit after the word "resolved'' and insert: that it is a great hardship to a State, to be avoided if by any equita­ That the vote of W. H. Quell, and the voto of J. C. Cartwright, cast for Ruther­ ble means it can be by a.uy construction which can be by reasonu ble ford B. Hayes, of Ohio, for President of the United States, and for William A. intendment applied-it is a great hardship to deprive a State of repre­ Wheeler, of New York, for Vice-Pre ident of the Unitod States, are the votes pro­ vided for by the Constitution of the United States, and that the aforesaid Otlell sentation in the electoral college. It is a degradation of the State, and Cartwright, antl they only, were the persons duly appointed electors in the that should not result from hair-splitting. Hather let ihe honest State of Oregon at the election h eld November 7; A. D. lts76, there having been a voice of the State be heard, unless party behests are stronger than failure at the said ulection to appoint a third elector in accordance with the Cons*;i­ right. Justice demands it; decency compels it. tution and laws of the United titates and the laws of the State of Oregon, and that Is not that the case t Is not that the 1·eal ~quity of the matter T the two votes aforesaid should be counted, ant.l none other, from the St.'lte of Oregon. Ought we not to construe these statutes beneficially in favor of the 1\ir. SARGENT. Mr. President, I do not wish to delay the vote in remedy, in favor of preserving the right of a State and its voice in thi~:~ matter; but it strikes my mind that it is a notable circumstance the highest function that a State can perform, that of the selection that not a single member of the commission countenanced and not a of President of the United States~ member of the Senate, so fa.r as I have observed, has risen to tlefend Now, it is not the question here what may have been done in the operations whereby Mr. Cronin was made an elector in tile State Louisiana or what may have been done in Florida. That ma.y have of Oregon or the collego which he created-not one. .All thn.t great been done rightly or wrong ully. The eight who voted in those :preparation, all that machinery seems to have been constructed in matters and in this may have been partisans and the seven who vain. We are brougllt down to the simple question whether Watts voted the other way may have been non-partisan. That is not the at the time that he acted in the electoral college had a right to cast the question. The question now is when a State in the Union, entitled vote of an elector of tlle State of Oregon. Mr. Cronin departs from to as much rights as California, New York, Illinois, or any other the scene, and with him depart in the distance 1\fr. Patrick and the State, has in its laws provided a way in which a vacancy in its col­ other agents who acted in the questionable manner that has been <.!e­ lege shall be filled, and that vacancy has been :fille(l by a person eligi­ ve loped by the testimony taken by the committee of the Senate. I ble at that time, whether the will of the State shall be fairly carried think this is well. The other course might, perhaps, have erected a out, whether equity shall prevail, and. such construction be placed on precedent that would have led to consequences fatal in our future. its laws and its obligations as to ~ive it its natural voice. We certainly have virtue enough to reject without distinction of It seems to me tllat under orclinary circumstances and removed party such bald, miserable schemes as this for imposing upon the from the case which now shadows us, which now clouds us in this will of a people. Capitol and in the country generally, there would be very little clif­ The Senator from Oregon [lli. KELLY] alluded to a case in 15 Cal- ference of opinion on a matter like this. I trust the votes will show J ••

1877. CONGRESSIONAL RECORD-SENATE. 1893 that there is less difference at the present time than mere partisans ·watts was eligible, and by the force of this one vote, cast in plain expect and seek. violation of the Constitution, Rutherford B. Hayes is to be President The PRESIDENT pro tempore. The question is upon agreeing to of the United States for the next four vears. the resolution. Florida torn from Mr. Tilden by the plainest perversion of the law; Mr. MORTON. Mr. President, I believe I have one minute left. Oregon captured in defiance of the clear inhibition of the Constitu­ The PRESIDENT pro tempore. The Senator has spoken once. He tion, and Louisiana 'tvrnng from its people, who, by a majority of cannot speak again. 10,000, repudiated the repubJican candidate! By such instrumentali­ 1\Jr. MORTON. I thought I had a minute left. ties as these he is to be inducted into the presidential office, but, in The PRESIDENT pro tempore. A Senator can speak but once, no the eye-s of the people, he takes the commission to that exalted station matter how much of his time he occupies when on the floor. He can­ stained and blackened with the most glaring frauds that ever dis­ not exceed ten minutes. graced a civilized country. Mr. WHYTE. Mr. President, when I cast most reluctantly my vote The PRESIDENT p1·o tempore. The Senator's time has expired. for the electoral commission bill, I did it with the declaration in this Mr. MITCHELL. Mr. President, I had not intended to say any­ body that I deemed it a democratic surrender; but in response to thing further on the Oregon question, and especially I had not in­ the appeal from the country for an " honest count" and in the belief tended to say anything at this time, nor would I were it not for the that men conld be found who preferred that there should be neither fact that my colleague, [Mr. KELLY,] in the criticism that he offered stultification nor dishonor connected, in any way, with the presi­ to the finding of the commission, had so misrepresented-! will not dential office, and that the "Przte and lawful vote" of every State say willfully, but, out of charity, inadvertently-the decision of the should be ascertained, I abandoned my own views and supported that commission in reference to this matter. Nor would I yet say anything measure. were it not for the fact known to me and not known generall~ to the The ministerial duty of discovering, by inspPction of the papers, Senate that the remarks of my colleague upon this occa~ion and the which was the true and lawful vote of a State, I bad supposed, was criticisms offered by him will be telegraphed and published all over lodged in the President of the Senate, but on all sides came np the the State of Oregon, when perhaps the explanations offered by the denial that such a trcrnendous power as ascertaining the true and law­ Senator from Indiana, the Senator from California., and others will not ful vote could reside anywhere but in the two Houses of Congress. find their way before the people of that State. Testimony as to the eligibility of electors, fraud in the elections, I understand my colleague, in the objection that he has urged, to villainy of the returning boards, and the whole subject of the presi· imply that the commission decided that, if a person who is ineligible dential election bad been raked over as with a harrow, by congres­ to be appointed presidential elector afterward resigns the position siona.I committees in all the disputed States. We were told that the that made him ineligible, therefore that made him an eligible person investigation of this important and all-absorbing question, beneath at the time he casts his vote. I do not understand that the commis­ which lay the peace and the prosperity of millions of people, must be sion decided any such thing. The commission f1id decide, 1 owever, submitted to a grand commission composed of five Senators and five that, even grant.ing for the argument that 1\lr. Watts was ineligible Representatives, and the infusion of a non-partisan judicial element at the time of the election by reason of the fact that he at that time must be put into it by withdrawing from the Supreme Court of the held an office of trust and profit under the United States, if before he United States anrl adding to the commission five of its jndges. cast his vote for Presiuent and Vice-President he resigned the office Well, Mr. President, what, in the language of the law, was this com­ that made him ineligible, and also resigned his commission as presi­ mission to do f To consider and decide- den~ial elector, and then the vacancy occasioned by this btter resig­ Whether any and what votes from each State are the votes provided for by the natwn was filled by the electors present, these facts taken together Constitution of the United States, and how many and what persons were duly ap­ did make him eligible and that the vote ca-st is good. That I under­ pointed electors in snch States. stand to be the decision of the tribunal, and I indorse it to the fullest These are the words of the law, and so the people understood it extent. when they indorsed our support of this bill. The people believed that Mr. President, a few days since a committee of this body authorized this high commission was appointed for the express purpose of going by a resolution of the Senate to investigate all the facts in relation into the inquiry and ascertaining what were the teal and lawful votes to this electoral controversy in Oregon submitted a report to the Sen­ of every State in this Union. They were beaten in a game of confi­ ate. It was my desire to have that report incorporated in the RECORD. dence. They trusted implicitly that from this high commission there Objection was made from the democratic side of the Honse, although would come the truth, the real truth, and nothing but the truth. on the very same day I find voluminous reports from investigating 'fhe people did not understand the fine language of legal construction. committees copied in the RECORD. I cannot state my indorsement They did not know that two little worus were to defeat all that they of t.he :findings of the commission in this case betterthau by reading, had hoped for, and after the mountain had been in labor it would which I propose to do, the conclusions of that committee iu that re­ bring forth a mouse. port, a committee of the Senate composed of sixteen members of this The commission- honorable body, and that report indorsed by a majority of that com­ So reads the law- mittee: The committee summarize their conclusions of fa~t and law ~ followR : Shan proceed to consider the same with the same powers, if any, now possessed 1. John W. Watts was at the date of the election, November 7, l876, a postmaster for that purpose by the two Houses acting separately or together," &c. at La. FayettA, Yam Hill County, Oregon, of the fourth class; t.he appointment of And here again- which is not presidential, but exclusively in the power of tho Postmaster-General. '.rhat such office is one of trust and profit under the United States. and may therein take into new such petitions, depositions, and other papers, "if 2. That the whole number of voters receiving and forwarding their mail through any," as shall by the Constitution and now existing law be competent and pertinent this postroffice did not exceed one hundred. in such consideration. 3. That the fact that he was postn.aster was not generally known in the State, Mr. President, the plain people did not understand that those two or in any part of it outside of his own precinct, until several days after hi..s elec· tion. Nor does it appear affirmatively that any >oter who voted for Watts knew little words ''if any" had been injected into the body of their great that the fact of his being postmaster disqualified him.. from being appointed an hope. So when Florida and Louisiana came before this extraordinary elector. tribunal, all the "depositions and other papers," except the bare 4. That his (Watts's) majority in the State over Cronin was 1,049 votes. 5. That Watts resigned his office as postmaster on the 13th November, 1876, and certificates and their accompanying papers, were not to be "con­ his successor was appointed on the23d of the same month. Watts's resignation sidered and taken into view," and proof of fraud and crime, bribery was aecepted by tho Postmaster-General on the 14th November, l~G, and on tho and political corruption, and everything except what spoke for the same day J. B. Underwood, special agent of the Post-Office Department, took pos· republican candidates, were aliunde the ascertainment of an "honest session of the office under special directions from the Postmaster-General, at which connt." And now for Oregon: that power, which before was merely day Watts ceased todischar~ethe duties of postmaster. 6. That on the 4th of December, 1876, the secretary of state, who nnder the laws ministerial, and not judicial, at once assumes the nicest exercise of of Oregon is the canvassing officer, canvassed the votes for presidential elector in judgment, and the certificate of the governor, positively t·eqnired the presence of tile governor, as provided by law, and officially declared that Odell, onder the act of 1792, becomes aliunde, and the Watts certificate, Cartwright, and Watts, the republican candidates, had received the highest num· ber of Totes. without the governor's authentication, constitutes the paper title for · 7. That Governor Grover issued his certificate to Odell, Cartwright, and Cronin, the three electoral votes of Oregon. The people of Oregon had no instead of to Odell, Cartwright, and Watts, the persons whom the secretary of state right to elect a disqualified person as elector. The power of the declared officially had received the hi,a:best number of votes. State was coupled with the restriction. 8. That the governor placed such certificates in the hands of the secretary of state in triplicate, each copy containing the three names Odell, Cartwri.a:ht, anu Cronin, "You may choose electors, but not Federal officers." That is a a short time beforethemeetingoftheelectoral collegeon the same day; and be, the condition-precedent to the operation of the power. The power does secretary of state, delivered ali three thereof to said Cronin, who refused, although not exist if you violate the inhibition. To prevent its violation, and repeatedly requested to do so by both Odell and Cartwright, to deliver such certifi­ in aid of the officers who were to recognize State eJectors, the act of cates, or any of them, to Odell and CartWI·ight, or either of them, or exhibit them for inspection or otherwise. 1792, passed by many of the men who framed the Constitution, com­ 9. That upon failure and peremptory refusal upon the part of Cronin to either manded the executive authority of the State to certify to three lists deliver or exhibit such certificates, or any of them, to either Ollell or Cartwright of "the names of the electors," and under the constitution of Oregon before or after the organization of the college, or to the electoral college after the the governor is sworn to obey the Constitution and laws of the United same had organized, although repeatedly requestetl to do so by the individual mem· bers of the college, both before and after the same had organized, and also by the States. That is the "supreme law of the land." The governor of president of the college in pursuance of a vote of the college, said Watts tende,red Oregon obeyed the Federal law and respected his oath in refusing to his resignation as an elector, which resignation was accepted by the college, then enter the name of Watts in the list of electors; for t..e would have constituted by Odell and Cartwright; whereupon, and upon the withdrawal of been false to his duty had he certified to an elector who he knew was Cronin to another portion (lf the room to declare vacancies and organize a. college of his own, the electors present, Oclell and Cartwright, filled the vacaury in the ''incapable of being elected." office of elector, by a viva voce and plurality of votes, by appointing John W. ·watts And now we are i:-old by a majority of this electoral tribunal that such elector. That the college thus organized voted by ballot for President and 1894 CONGRESSIONAL RECORD-SENATE. FEBRUARY 24,

Vice-President of tho United Statc!i, resulting in three votes for Rutherford B. that there was a •a.cancy, occasioned either by Cronin refusing to act or Watts's Hayes, of Ohio, for President., and three votes for William .A. ·wheeler, of New r~signa.tion, it is immaterial which; ami there b e in .~ such a vacancy, in any possiblo York, for Vice-President. viow of the caso, whether Croniu or Watts was tho ono le~all.v appointe: I, the elect­ 10. That Cronin, after his refnsal to deliver or exbiuit the certificates of the goT­ ors present hatl tho rig!Jt, and it was tlieirrluty, to nppoint such pers:m as the.v s::tw crnor, and befm·e Odell and Cartwright bad appointed Watts to fill tue vacancy in proper to fill it; and the record of tlwir action in that regard is conclusi vo and can­ 1he office of elector, withurew to a further corn' r of the room occupied by the not IJo inquired into, electors and U.ecl:rred or uttempwl to declare two vacancil'll'l in the oilico of elector, nnd immediately filled them, or attemptell to fill them by the appointmcntof J. N. Tbo PRESIDENT p1·o tempore. The Senator's time has expire11. T. :Miller and John Parker, two d~:~mocrats, neither of whom baLl recei•edanyYotes Mr. KERNAN. Mr.l~resident, I am snrprised that t.he Senator fro:n whatever for elector, at the election on the 7th _-overnber; ufter which these three, Oregon [l\1r. MITCHELL] should avail himself of an occasion like tbis Cronin, Miller, and Parker. claiming to bo an electoral colle~r. cast two votes for and under circumstances which restrain ns in debat.e to attempt to Rutherford B. Hayes, of Ohio, for Presillent, and two Yotes for William A. Wheeler, of New York, for Vice-President., anll oneYotoforSamuelJ. Tilden, of.NewYork, insinuato frand on tbe part of Samuel J. Tiluen, of Now York. I am for President, and one vote for Thomas .A. Ilemlricks, of Iniliana, for Vice-Presi­ tho more snrp: ised, sir, becanse Mr. Tilden and his friends and that dent; saicl Cronin YO~ing for Tilden anll Hendricks, and Miller and Parker respect­ party with wbich he acts bave struggled from the beginning of tbis ively for Hayes and Wheeler. contest about the electoral vote to h::we a tribunal that woulci. un­ 11. That a conspiracy was entere.d into among leatlina- democrat;c managers in New York, California, an!l Oregon for the purpose of '£\epriving tho majority of earth framl and condemn it., and let no caudidato receive a vote by 1he people of the State of Ore~on of their choice for President and Vice-Preffitlent, such means. Tbe Senator from Oregon and his political friends h:we and securing one electoral -.ote for tho democratic candidate for President by the voted constantly to sustain the decision of a tribunal which says it refusal on the pa-rt of Go•ernor Grover t~ issue a certificate to Watts aml by issll­ will not look into allegations of frand to affect this vote; and my ing it to Cronin, regardless of law or the I"i~ht of the case; which conspiracy was, ao far as in their power, executed by the refusal of the governor to issue to Watts political friends anrl I have voted ag:tinst tbat decision. He has a certificate and by his issuing it to Cronin. voted to close tho door to any investigation of alleged frauds; he 12. That in pursuance of this con~piracy large amounts of money WAre sent to votes to sustain the uecision of the commission that they cannot ex­ Oret!on by the democratic managers in New York, and at therequestof the demo­ u.mine into frauds by wbich electoral votes were procured; u.nd yet, cratic managers in Oregon, which moneys were used improperly and corruptly in furthering such conspirac.v, tho snm of $3,000 in _!!old coin of such moneys hav­ doing that and ha.ving tile benefit of that position, he can come here ing been paid to and received by said Uronin; 3,000 more of such moneys havin .~ and read from a report that is not yet before us in print, with the pur­ lJeen paid to Hill, D11rham, and Thompson, Of Portland, Oregon, ostensibly for their pose of throwing dirt at the candidate of the democratic party at the eerrices as lawyers, but in fact to subsidize the daily and weekly Oreg-onian, the last election. The imput-ation is unjust; it is untrue; it is unfair. I lea1ling newspaper of t-he State claiming to be repuulican, aml of which W. Lair Hill, one of said law firm, is editor, into a defense of the action sought to be ac­ Ilave been from the beginning in favor of looking into frand in Lou­ complished through such conspiracy. isiana, Florida, Oregon, and wherever it was alJeged to exist. I said, That this conspiracy to defraud the people of a State and nation out of their let ns reject the vot.e that is obtained by fraud; snch a vote should choice for President and Vice-President, marked as it was at every step by intrigue, never be cast for a President, much less should it elect a President. corruption, and fraud, setting aside law and precedent, ignoring in its inception and execution the grandest idea. upon wl!icb our Government rests-the will of the A few words on this subject of fraud. In November after the elec­ majority as expressed at tho ballot-box-bad its origin iu tho family of Samuel J. tion President Grant said in a public document that there must be a 'l'ilden. the democratic candidate for President, and with a member of that famil v, fair and honest count of tbe votes. He said further to the public, W. T. Pelton, who was also, at the time, secretary of the national democratic cmn­ mittee. .And if Samuel J. Tilden wa.'i not him. elf a party to and hall no knowledge that tho ma,n who would take the office of President stained with a of tho schem~, then it must be said that he was ignorant of what was transpiring well-grounued suspicion that be took the office by a. titlo procnred by in his own household in reference to a transaction which was intended to establish fraud was unworthy of being the President of these United States. his title to the Chief Magistracy of the nation; as most, if not all, the dispatches I agreed to that then; I agree to it now. His sentiments on this addresFge in Oregon, and the votes cast by it for President and Vice-Prcsi· real votes of the cit.izens. That was the reason, in my juugment, that dent should be counted. this law was received with favor. 5. That the action of the secretary of state in canvassing the vote for electors But, sir, has the decision of the commission relieved the country and declaring who had receivetl the highest number of votes is in this case, under from this feeling which existed as to fraud.¥ The vot.eR of Louisiana the laws of Oregon, conclusive as to the persons appointed electors, and cannot be questioned either by the governor in issuing a. certificate or by any other elect a President, and do the honest mass of both parties feel that tribunal. it is an election by the people of the United States, or by tbe majorit.y 6. That the record made to the President of the Senate through the certificate of of tbe votos cast in Louisiana? No, sir. All evidence to prove that tho college of electors represented by OdelL Cartwright. and Watts, the fersons the returning board in Louisiana <;>n t-he action of which Mr. Kelloo-g's declarefl by the secretary of state to have received the highest number o Yotes, is conclusive upon the point as to whether there was an.v vacancy in the college, certificate was based had no jurisdiction to decide the CJ.nestion whethe!: and as to bow and by whom and with whom such vacancy was filled, ancl cannot votes should be thrown out or not for certain reasons; all evidence now be questioned by the President of the Senate, either House of Congress, or to show that the returning board acted corrnptly, illegn.ll v, and fraud­ the electoral tribunal. 7. Tbat. admitting Watts f.Q have been ineligible to appointment as an elector, ulently in rejecting ten or twelve thonsand votes cast and giving the having received the hi.~hest number of votes a.ml having taken his seat in the elect­ certificates to the republican candidates, was shut out. '\Ve have no oral college, participating in it.s proceedings, and having voteu for President and relief from tbis suspicion of frand, anu to-day yonr President comes Vice-President, the question of his ineligibility uel'er having been raised or pa~sed in by the decision of tbis commission, resting his title on the votes ltpon by any compet{lnt tribunal prior to that time, his act was that of an officer de facto acting under color of title and being clothed with all the insignia of office, as returned by J. Madison Wells and Ilis tbreo associates in L:luisiann.. is therefore binding and effectual as to third persons and the public, binding upon Early in the proceedings of that body I learn tllat they determiuetl the people whose votes be received at tho polls, biniling on the electors present that the certificate of tile governor based upon the return of the re­ whose votes be receiYed in his appointment to fill a vacancy, binding and effective turning or canvassing board was conclusive; and althongb they as to the candidates for President and Vice-President for whom he cast his vote a.'i an elector, binding upon the Stato antl the nation. the Legislature and Congress, and found. a State saying" \Ve will prove to yon that the governor and cannot now be questioned b.v any power on earth. returning board couspired to give a false certificate to men who were 8. That the resignation of Watts as an elector created a vacancy in the office of not elected," they decided tbat they could not hear that evidence and elector, which could be legally filled under the statutes of Oregon by the electors could not reject the vote. That it must be counted. Sir, we have present; and it was their duty under the statute to fill such vacancy, and it was so legall_v filled by them. th~refore not Ila,d what I trusted we would have, a decision that 9. Tlint concerling Cronin to have been an elector, (which we deny,) his refusal would relieve us aU, no matter whicb canrlir1a.te it brought in, fro:u to exhibit or deliver to the college of electors his certificate from tho governor, or t-he fear, the uneasiness, the sus pi· ion that false anrl manufactured to 1lcliver or exhibit to Odell or Cartwright their certificates wrongfully retained votes in a downtroduen State, made up fraudulently by dishonest nnd in his possession. and his withdrawing and organizing a college of his own, was upon his part such a ·'refusal to act," within the mean in~ of the statute of Or­ men, should turn the scale and elect the President. e~ton, as to occasion a vacanc:v in the office of elector, which Odell and Cartwri~ht Now, sir, I am oae of those who believe in standing by the Consti­ could, nuder the statutes of Oregon, legally fill, and which it was their duty to fill. tution ancl the laws. I am one of those who have felt that tbe peo­ Anll it is immaterial to inquire, in so far as the effect of the action of Odell and ple of this country can take caro of this Government in the long Cartwright is concerned, whether the va.cancy filled by them by the appointment of Watts was occasioned in fact and in law by Watts's resignation or by Cronin's run tbrongh the ballot-box. I am against disorder; I am against refn&11 to act. In either view of the case there was a vacancy, and it was the duty revolutionary means. I say to the people of the country, this is your of Odell and Cartwright to fill it. .And tho fact that Cronin attempted to organize Government; elections will quickly come around again; be true to a. college of his own, is conclusive a_!!ainst him on this point. 10. '!'hat the electors present,, Ollell and Cartwright, in determining as to whether yourselves and yonr country, and in the elections in the States here­ a vacancy existed in the otliceof elector, and in filling such vacancy, were under no after, and in the presidential election which is to occur bereaftor at obligation in law to inquire as to whom the governor had issued his certificate as no distant day, yon will be able t.o put the result beyond the power the third elector, whether to Watts or Uronin. It was enough for them to know of dishonest., fraudulent returning boards in every State of this 1877. CONGRESSIONAL RECORD-SENATE. 1.895

Union. In this is my faith and hope. I am against fraud. I am would establish some principle of law by which every question should amazed that men will aiel in shutting the doors against showing it be adjudicated and upon which each decision woul!l be predicated. where it exists. I hoped this Jaw and the commis&ion createu by it But what do we find Y Did any such rule prevail Y \Vas any snch would vindicate truth andjustice and rebuke fraud if it existed; and principle established f Ou the contrary, their rulings are on one side that by its actiOn the country would be relieved from the apprehen­ or the other, just as the necessities of part.y may prompt; and to sus­ sion that bold, corrupt men could defeat the will of the people and tain this assertion I quote from their official proceedings the rulings elect a President by trickery and fraud. A President will come in being in two or three instances. In the Florida case we find that this elected by the electoral votes of Louisiana, given by the electors cer­ order was made : tified by the returning board after an offer to show that the certifi­ Ordered, That no eYidence will be received or considered by the commission cates of their election were false and fraudulent. This is au evil, which was not subm~tted to ~he joint co~vention of the two Houses by the Presi­ but it is an evil which the mass of the people at the ballot-box can, dent of the Senate With the uitferent certtflcates, except such as relates to the eli­ and I believe will, remedy, and warn dishonest men of all parties gibility of F. C. Humphreys, one of the electors. against hereafter attempting to manufacture votes to elect a Presi­ This was decided in the affirmative-yeas 8, nays 7. Then, on mo­ dent of the United States against the will of the people. tion of 1\fr. Commissioner ABBOTT, it was Mr. EATON. Mr. President, in the brief time allotted me under Ordered, That iu the case of Flmida the commission will receive evidence relat­ this law, while I might find some fault with the law as attempted to ing to the eligibility of lKentucky, now out of his seat ~~~\fin~~~~~j ~prove such ineligibility as offeree! by counsel for objectors to by illness, [Mr. STEVENSON, 1 said the other day that he thanked The question being on the adoption of the substitute, it was decided in the nega· God there was such unanimity in the vote of the democracy of the tivo. Senate upon the bill creating the electoral commission. I regret that Precisely antagonistic and directly contrary to the previous decis­ my friends around me-many of whom like my friend from Georgia ion, and by a similar vote, with the exception of one, Mr. Justice [Mr. GoRDON] and others felt as I felt on t.hat occasicn, I know-did Bradley voting to receive evidence in the case of Florida an(l voting not see fit to Yote with me, but I thank God that He endued me with against receiving any evidence in the case of Louisiana. the strength necessary to stand by my own constitutional convictions. Now, sir, I will not allege that the action of the commission was Sir, the manifest will of the people of the United States has bt!en controlled by the fact that in the Florida case the ineligibility could defeated by the action of this unwarranted, unconstitutional com­ not be sustained, because proof had been published to the world that mission. I say unwarranted by the Constitntioi:J of the United States. at the time Humphreys was appointed an elector he had resigned the Sir, there was a duty devolving upon the Senate and the House of office which he previously held and that therefore the objection to Representatives, and that duty Congress abandoned. Thirty years of him would be untenable, and that tho contrary condition existed in political life, thirt,v years of political thought have convinced me that the case of Louisiana; but the fact remains, that the same commis­ it is always safest to stand by the Constitntion. Talk wa~ made and sion ruled diametrically opposite in the one case to what they ruled reports came UJl here that doubtless influenced many members of this in the other. Again, in the case of Florida they ruled: and the other House of Congress that the people demanded a com­ That it is not competent under the Constitution and the law, as it existed at tho mission, that the people demans of Nevada., Logan, McMillan. .Mitchell, Morrill, which I have just read. Morton, Paddock, Robertson, Sargent, Sherman, Spencer, Teller, Wadleigh, West, ~Ir. LOGAN. ·wm the Senator allow meT I heard him ask the and Wright-39. Senator from California the question about whom the electors re­ .ABSENT-"Messrs. Dans, Edmunds, Hamilton, Hamlin, K elly, Oglesby, Patter· signed to. I should like to put this question to him: whether if a. son, Randolph, Sharon, Stevenson, Thurman, a.nd Wmuom-12. member of Congress in the House of Representatives should send his So the amenilment was rejected. resignation to the Speaker, the Senator would not consider that a The PRESIDENT pro tempore. The question recurs on the resolu­ good resignation f tion of the Senator from California, [Mr. SARGE~T.] Mr. JONES, of Florida. I would not. The Secretary proceeded to call the roll. 1877. OONGRESSION AL RECORD-SEN ATE. 1897'

1\Ir. EDJ\IDNDS, (when his name was called.) I withhold my vote The PRESIDENT pro tempo1'e. The Chair supposed that this was, for the reason I stated before. as it is, a m-atter relating to obituary addresses, and that it could 1\Ir. BLAINE, (when :Mr. HAJ\IJ..L.'l's name was called.) My col­ not be construed as legislative business. As objection has been raised league was called from the Senate by sudden illness this morning. by the Senator from Vermont, the Chair will submit the question to He said nothing about his vote; but I feel authorized to state that the Senate whether the Senate will allow the consideration of these if he were here he would vote with me on this question, as be was obituary resolutions. authorized to state on Monday last that had I been present I would Mr. McDONALD. I would rat-her not press the motion at this have voted with him on the Louisiana question. tlme unless it is entirely satisfactory to the Senate. Mr. PATTERSON, (when his name was called.) I am paired with Mr. BOUTWELL. The Senator from Indiana had better withdraw the Senator from Kentucky, [Mr. STEVENSO~.] If he were present it. he would vote" nay," and I should vote "yea." Mr. McDONALD. I withdraw the motion. Mr. WINDOM, (when his name was called.) I am paired with the The PRESIDENT p1·o tempore. The motion is withdrawn, objection Senator from West Virginia, [l\Ir. DAVIS]on this question. I have no being raised by the Senator-from Vermont. . doubt be would vote" nay," and I should vote" yea." ELECTORAL VOTE OF OREGON. The roll-call having been concluded, the result was announced­ .At three o'clock and fifty minutes p. m., Mr. G. 1\I. ADAMS, Clerk yeas 40, nays 24 ; as follows : of the House of Representatives, appeared below the bar and deliv- YEAS-Messrs. Alcorn, Allison, Anthony, Blaine, .Booth, Boutwell, Bruce, Burn­ side, Cameron of Pennsylvania, Cameron of WiRconsin, Chaffee, Christiancy, Clay­ ered the following message: · ton, Conkling, Cragin, Dawes, Dorsey, Ferry, Frelinghuysen, Harvey, Hitchcock, Mr. President, the House of Representatives have passed the fol­ Howe, Inp;a.lls, Jones of Nevada., Logan. McMillan, Mitchell, Morrill, Morton, lowing: Oglesby, Paddock, Robertson, Sargent, Sharon, Sherman, Spencer, Teller, Wad­ to leigh, West, and Wrigbt-40. Ordered, That the vote purporting be an electoral vote for President and Vice­ NAY$-Messrs. Bailey, Barnum, Bayard, Bogy, Cocl'L'ell, Cooper, Dennis, Eaion, President and which was given by one J. W. Watts, claiming to be an elector for Goldthwaite, Gordon, Hereford, Johnston, Jones of Florida, Kelly, Kernan, Mc­ the State of Oregon, be not counted. Creery, Maxey, Merrimon, Norwood, Ransom, Saulsbury, \Va.llace, Whyte, and I am also directed to inform the Senate that the House of Repre­ Wither'S-24. ABSENT-Messrs. Conover, Davis, Edmunds, Hamilton, Hamlin, McDonald, sentatives is now ready to meet the Senate in joint convention in the Patterson, Randolph, Stevenson, Thurman, and Windom-11. Hall of the House of Representatives. So the resolution was agreed to. The PHESIDENT pro tempore. The Senate will now repair to the Mr. SARGENT. I offer the. following resolution: Hall of the House of Representatives. Resolved, That the House of Representatives be notified that the Senate has de­ The Senate accordingly proceeded to the Hall of the House of Rep­ termined J;he objection to the decision of the commission upon the electoral vote of resentatives. Oregon, and is prepared to meet the House to proceed with the count of the elect­ The Senate returned to its Chamber at four o'clock and twenty oral votes. minutes p. m., and the President pro tempore resumed the chair. '!'he resolution was agreed to. ELECTORAL VOTE OF PENNSYLVANIA. The PRESIDENT pro tempo're. The Secretary will execute the-or­ The PRESIDENT pro tempore. The Senate having withdraw:R from der of the Senate. the joint meeting upon an objection submitted to the certificate from ORDER OF BUSINESS. the State of Pennsylvania, the Secretary will now read that objec- Mr. McDONALD. On account of my absence from the Senate in tion. · the earlier part of the session, a delay bas occurred in the announce­ The Secretary read as follows : ment of the death of the late Speaker of the House of Representatives. The undersigned Senators and Representatives object to the countin~ of the vote Early this weeki gave notice to the Senate that I should to-day ask that of Henry A . .Bo_ggs as an elector for the State of Pennsylvania, on the grounds the House resolution relating to this subject be taken up for consid­ following, namely: eration by the Senate. I will state that it is not my pmpose to ask That a cert-ain Daniel J. Morrell was a. candidate for the post of elector for t-he State of Pennsylvania at the election for electors of President and Vice-Presirlent an adjournment of the Senate at the close of the eulogies unless on the 7th day of November, 1876, and was declared by the _governor of the State there should be no longer any occasion for remaining in session. If of Pennsylvania. to ha'e been duly ele::ted an elector at said election. there should be a call from the Honse of Representativ~s or if And the undersigned aver that the said Daniel J. Morrell was not dn1y elected the House of Representatives should be still in session so that we a.n elector for the State of PennRylvania. because for a long period before and on the said 7th day of November, 1876, and for a long period subsequent thereto the might possibly be called upon, I shall ~k that the resolution in re­ said Morrell held an office of trust and profit under the United States ; that is to gard to the adjournment out of respect to the memory of the deceaaed say, the office of commissioner under the act of Congress approved March 3, 1871, be not put at this time. My purpose in calling up the resolution is entitled "An act to provide for celebrating the one hundredth anniversary of that proper notice may be taken of the death of the late Speaker American Independence by holding an international exhibition of arts, ma,nufact· ures, and products of the soil and mine, in the city of Philadelphia. and State of of the House of Representatives, and that the record on this subject Pennsylvania, in the year 1876," to which he was appointed by the President of m::~ y be complete. the United States under the provisions of said act. The PRESIDENT pro tempore. The Senator from Indiana moves Wherefore the lmdersigned aver that the said Morrell could not be constitution­ ally appointed an elect.or for the State of Penns.vlvania on the said 7th day of No­ that the resolutions of the House in respect to the memory of the late vember, 1876, under the Constitution of the United States. Speaker be taken from the table. .And tbe unrlersigned further state that on t.he 6th day of December, 1876, the .Mr. EDMUNDS. That cannot be done. said Morrell did not attend the meeting of the electors of the State of Pennsylvania, The PRESIDENT p1·o tempore. It is not legislative business. Obit­ and that he was not according to the laws of Pennsylvania anrl under the ConRti­ tution of the United States di.tly elected an elector of said St~te and could not be uary addresses are not legislative in character. constitutionally and le_gallv declared duly elected as such elector, and had no legal Mr. EDMUNDS. I do not want to stand in anybody's way on a right to attend the saia meeting of electors. matter of this kind; the subject commends itself to my hearty ap­ A.nd the undersigned further state that the college of electors had power under proval; but the law under which we are actino- does not, in my opin· the law of Pennsylvania to .fill Tacandes in the office of elector 1mder and by virtue of the law of Pennsylvania., which is in the words following and by none other what­ ion, allow us to do anything except that which is necessary for the soever, namely: preservation of our existence, (as electing a Secretary, if we should "If any such elector shall die, or from any cause fail to attend at the s£>at of ;rov­ happen to be without one, or anything of that kind,) until the count ernment at the time appointed hy law, the electors present shall proceed to choose is completed, except when the commission is sitting, and the law pro­ viva voce a person to till the vacancy occasioned thereby, and immediately a,fter such choice the name of the person so chosen shall be transmitted by tlJe presiding vides that we may then do our other business; because you can see officer of the college to the governor, whose duty it shall be forthwith to canRe the effect of it. If this be in order, then any other question of a sim­ notice in writing to be given to such person of his election, and the person so elected ilar character would be~ and by endless debates we might be never [and not the person in whose place be shall have been chosen1 shall be an elector, able to do the duty that the law imposes. and sb all with the other electors perform the duties enjoined on them as a.foresaicl." And the 1mdersigned further state that unrler said 'taw the electors present bad · I am very sorry to interpose this objection, because I feel as strongly no authority to appoint the sairl Henry A. Bo~gs to fill the vacancy of the sa.id as my friend does the sympathy and respect that we ought to show Daniel J. Morrell or on an.v other grounds whatel"er, and that said supposed ap­ to the memory of this deceased gentleman, whom I bad the pleasure pointment of said Henry A. Boggs was wholly without authority of law and was to know personally and to respect highly ; but I cannot allow for and is null and void. Wherefore the undersi~ed aver that the said Henry A. Boggs was not duly ap­ one, without a protest on my part, any subject of this kind to be taken pointed by the State of Pennsylvania in the manner t.hat its Leg-islature directe{l, up until the matter that we have in band shall be concluded. and that he was not entitled to cast hi.~ vote as elector for said State, and that his Mr. McDONALD. I fear if this is not done now there will be no >ote as such should not be, because it cannot be constitutionally, counted. other appropriate time during the session; and it is certainly not And the undersigned hereto annex the evidence to sustain tho above objection .~ which has been taken~fore t.he committee of the House of Representati,es on the legislative business. _powers, privileges, and duties of the House. Mr. SHERMAN. If my friend will allow me, an objection occurs WILLIAM A. W .ALLACE, Pennsylvania.. to me that I am afraid would interfere with the purpose he has in . M. W. RANSOM. view. When we receive a message from the House,havingsentword WM. PINKNEY WHYTE. W. S. STENGER. to the House that we will attend at their pleasure, we must go, and J. R. TUCKER, Virginia. that might interrupt the consideration of the resolutions. CHARLES B. ROBERTS, Maryland. Mr. McDONALD. In that case this matter might be suspended at J AC. TURNEY, Pennsylvania. once. W. F. SLEMONS. Arkansas. F. D. COLLINS, Pennsylvania. Mr. SHERMAN. But that would interrupt the proceedings under WM. MUTCHLER, Pennsylvania. the resolutions. ALEX. G. COCHRANE, Pennsylvania. Mr. LOGAN. If after we commence with the obituary addresses a JOHN L. VANCE, Ohio. message should come from the. House, it would break the proceedings G. A. J-ENKs. of Pennsylvania. of the Senate. 1\Ir. CiliERON, of Pennsylvania. Mr. President-- 1898 CONGRESSIONAL RECORD-SEN.l1.TE. FEBRUARY 24,

Mr. WALLACE. Let the testimony be read. read, I shall ma.ke no objedion. It is so ridiculous that I cannot be­ Mr. CAMEI{ON, of Pennsylvania. I IU!k leave to offer a resolu- lieve any man on the soil of Pennsylvania would believe that anybouy tion. but Mr. Hayes w::~s entitled t.o the full vote of that State. 1\fr. CONKLING. Has the reading been finish&l f The PRESIDENT pro tempore. The Chair wiD remind the Senator The PRESIDENT pro tempore. It has been finished. that debate is not in order. Mr. 'VALLA.CK The testimony has not been read. Mr. CiliERON, of Pennsylvania. Iknowitis not; I have noright Mr. SARGENT. I object to the reading of the testimony. It is to debate it, but I am only expressing my surprise that a man so Yl~ry voluminous. learned aa my colleague should have raised a point on this case. The PRESIDENT p1·o tempore. Ohjection being made, th~ Chair I am willing to allow the testimony to be read for the purpose of will submit the question to the Senate. letting him have the excuse to his foolish conetitnents, if he has nny Mr. CAMERON, of Pennsylvania. Is not my resolution in order f that are so foolish, and giving him the benefit of all the testimony. The PRESIDENT p1'0 tempore. It is in order. The Secretary will I therefore withdraw my objection and will let the testimony be reau, report it. . repeating at the same time that I will not a11ow what I have admitted Tbe Secretary read as follows : for Pennsylvania to be taken as a precedent in regard to other States. Resolved, That. the vote of llenry A. Boggs be counted with the other votes of The PRESIDENT p1·o temp01·e. The Senator from Pennsylvania the electors of Pennsylvania, notwithstanding the objections made thereto. withdraws his objection, and the reading will proceed, if there be no The PHERIDENT pro tempore. The Senator from Pennsylvania objection. · [Mr. WALLACE] asks that the testimony be read, to which the Sena­ Mr. WALLACE. Let the certificate of appointment which is an­ tor :from California [Mr. SARGENT] objects. The Chair will submit nexed also be read. the question to the Senate. The PRESIDENT p1·o tempore. The certificate will be read. .Mr. WALLACE. Is it not our right to have any part of the docu­ Mr. PATTERSON. I do not want to object and will agree that this ment read here t paper shall be read, but it is not to be made a precedent. The PRESIDENT p1·o tempm·e. The question is not debatable. The PRESIDENT pro tempore. The Chair will state that t.be read­ Mr. WALLACE. The question is not debatable, but I simply de­ ing will proceed by common consent. In case of any objection the sire to know if a part of the document, the testimony, cannot be read. CIJair will submit the question t-o the Senate. It is the only evidence that we have. The Secretary read the certificate, as follows : The PRESIDENT pro tempore. The Chair will submit the question UNITED STATES OF AMERICA, DID'ARTMEYT OF STATE. to the Senate, Shall this testimony be read f To all to whom t.use presents shall come, greeting : The PRESIDENT pro tempore put the question and declared that I certify that the document hereunto annexed is a true copy from the records in the ayes appeared to prevail. this Department. · Mr. SARGENT. I ask for a division. In testimony whereof I, Hamilton Fbb, Secretary of State of the Unit-~'>d St.ates, have hereunto subscribed my name and causetl the seal of the Department of State Mr. CAMERON, of Pennsylvania. I aak for the yeas and nays. to be affixed. Mr. WALLACE. Let us have the yeas and nays. Do.neat the city of Washington this 23d day of February, A. D. 1817, and of the The yeas and nays were ordered. Independence of the United States of America the one hundred and first. Mr. BAYARD. I should like to know in regard to this testimony [SEALj HAMILTO.Y FISH. what is the character of it. How does it appear t Ulybses 8. GTant, President of the United States of America, to all who shall ses Mr. SARGENT. I suppose the facts are fairly stated in the objec­ these presellts, greeting: tion. The testimony is extremely voluminous and that is the reason Know ye that, reposing special trust and confidence in the integrity and ability of Daniel J. Morrell, and ou his nomination by the governor of the State of Penn· v•hy I make objection to its being read. sylvania. as de}<\gate from said State, I do appoint the said Daniel J. Morrell a. Mr. WITHER~. As I unden:;tand it., here is an objection with facts cilmmis!lioner on the commission antborize

A. I may state that I had from Mr. Morrell himself, directly, a statement that A. Yes, sir; not as president of the Board of Finance. Congress appropriated he bad paired with a man on the day of the election, for the purpose of attending to $1,500,000, and there was a provision in the appropriation bill that the president his duties as centennial commL;sioner. and treasurer should give a boml in $500,000. That bond was given by ns, signed by one htmdred citizens of Philadelphia. ByMr.FmLD: Q. You executed that bond 1 Q. You saw him at the centen.Wal exhibition in tho apparent discharge of his A. Yea, sir. duties~ Q. To whom was the bond given! A. Yes, sir. A. I suppose the Secretary of the Treasury. The boml waa conditioned on our Q. And you heard him speak of his duties as centennial commissioner 7 applying the money to the purpose stated, namely, having the building open on A. Yes, sir. the lOth of May, free of debt. The bond was filed and vouchers to the amount of Q. Is he universally reputed to be a centennial commisioner 7 $1,727.000 were sent voluntarily by us. A. Yes, sir; he was formerly a mom ber of Congress. Q. Is this the provision of law on the subject, [readi.ng1] Q. Do you know that h(} was the candidate for presidential elector f A. Yes, sir; tba.t is it. A. Yes, sir. Q. You say that you presented vouchers 1 Q. Do you know that it was the same person 1 A. Yes, sir. A. Yes, sir. Q. When~ A. In the course of the season we sent to the Treasury Department vouchers for By Mr. BURCHARD: ~1,727 , 000. They Wt>re sent at various periods during the summer. Q. Do you know that from him t Q. Dill you ~~vernment until after the By Mr. TUCKER : stockholders shall be paid unless there be a profit, but I pretend to express no Question. Where do yon reside f opinion on the subject. It was submitted to the court and the circuit court has de­ Answer I reside in Philadelphia, Pennsylvania. termined that there is no such provision in the la.w, in other words. that the money Q. Were you a candidate for the~osition of presidential eleotQr at the late presi­ which we have on hand belongs to the stockholders; but an appeal has been taken dential election, and were you certified as one of the electors fm· the State of Penn­ to the Supreme Court of the United States and it will be argued there. sylvania¥ Q. Then the question was whether there was any money to be paid to the Gov­ A. I was, from the first district. e.rnment in any event I ~-. ~~~J.ou attend the college of electors 7 A. The question was whether any money was to be paid to the Government out of the capital or out of the profits. The construction of the court is that it was to Q. And ca~t your vote 9 come out of the profits. .A. Yes, sir. Q. Then the court has decided that there is an obligation to refund the money Q. Do you hold any office of honor, trust, or profit under the United States 9 to the Gi>vernment if there shall be a profit sufficient for that purpos\')1 A. No, sir. .A.. Yes, sir. Q. What is your connection with the centennial exhibition 7 Q. Do you hold any fund in your hands now awaiting the decision of that case 7 A. I am a director and also president of the Centennial Board of Finance, which .A.. We do. '\Ve piaced before the court a statement that we have about $2,000,- was chartered by the United States on the lstof June, 187~. It is a stock company. 000 on hand for which there are two claimants. I was elected a director in .April, 1873, and every year since then by the stockhold­ Q. Who are the two claimants f ers, and have been chosen president every year by the directors. A. The stockholders and the 61>vernment. We asked the CQurt to instruct ns Q. Were you president of that corporation on the 7th of November, 1876 1 what to do with the money. A. Iwas. Q. And on the 6th of December, 18761 By Mr. BURCHARD: A. Yes, sir, and am still. :f directors, elected by the stockholders Q. You are a stockholder in the corporation f • un~'e;;,~~~~: l~~J>;~1dth~ta~{ ~~~~~of A. I am a stockholder in the corporation. A. Yes, sir. Q. And have been since 1873 7 Q. There has been no change in the law, to your k"11owledge, in reference to the .A.. Ylls, sir. duration of your term of office or your duties in regard to the Government 1 Q. You held no position as centen.Wal commissioner! A. No, sir; no change. . A. No, sir. Q. That law provides that the president, two vice-presidents, treasurer, ancl. Q. Do you know Mr. Daniel J. Morrell I secretary, and such other officers as may be reqnired to carry ont the purpose of A. I do. the corporation, shall hold their r espective offices during the plea~ure of the boacd, Q. Was he a centennial commissioner under appointment of the President! and the board adopt.s by-lawsfor its own government'l A. He was and is. A. Ye..'l. Q. He was acting as such on the 7th of November, 1876, and on the 6th of Decem­ Q. And you are in no way represented as an officer of the United. States f ber, 1876 1 A. No, sir. A. Yes, sir. Q. You had no power to ir.cur any liabi;ity: to be charged to the United States f Q. Is he the same gentleman who wa.s elected one of the presidential electors for A. No, sir. Each of the acts of Con:vess has had specific provisions in that r('- the State of Pennsylvania1 spect-that no debt or responsibility snould be incurr~d on behalf of the United A. Heis. States. Q. l;>id be appear at the meeting of the electors 1 Q. And your relation to this money which was appropriated by Congress was A. He did not. simply that of applying it as the law required f Q. Did he assign any reason for not appearing ~ · A. Yes, sir. A. He was not present. I cannot say that he ever assigned any reason for his ab- Q. 'But it was appropriated to the corporation f sence. A. Entirely. Q. Did he se.nd a. letter I Q. For the purpose of the exposition f A. No. I think he was absent and that his place was supplied. A. Yes. Q. Who was appointed in his place I Q. And the act required the president of the board and the treasurer to give bond A. If I recollect right, it was Mr. Boggs, of Qambria County, the sameconntythat to the United States 1 :Mr. Morrell lives in. A. Yes. Q. Who appointed Mr. Boggs I Q. You had no special cu~tody of the funds 'l A. He was appointed by the electoml college. A. The treasurer had custody of the funus, but a bond was required from the Q. Did he hold any Federal office J president as well as the trea.qurer. A. I think not. Q. Your only relation to it was simply that of giving a hond 7 Q. His title as an elector for the State of Pennsylvania was due to an appoint- A . Yes. 'Ihefund was under the control of the board of directors to be disposed ment by the college of electors J of by them. I was their servant. The funds were all applied in exact oocordance A. Entirely. with the memorial sent to Congre.ss and signed by me, and it is a very curious fact Q. To fill tne place of Mr. Morrell t that the $1,5CO,OOO asked for was precisely the amount that was required. A. Yes, sir. Q. You bold no office of profit or trust under the United States unless the gi~ing of a bond created you an officer 1 By Mr. LAWRENCE: A. No, sir. If so, I am an officer of the United States in a great many instances, Q. The corporation was a mere private stock corporation I for I am on a good many custom-house bonds for the last fifty years. A. Yes, sir. Q. You bad no appointment from the President of the United States t By Mr. TUCKER: A. No. sir. . Q. You say that $1,500,000 was just enough1 Q. There is no salary fixed by law to the office of director or president f A. Just enough to enable us to open the exhibition. A. The law allows a salary to be paid to the president and the treasurer, but I Q. . How mncl1 money have you on hand now interpleaded between the G

A. I was nominated by the governor of P611Il8ylvania and commissioned by the in order to sustain that proposition, it seems to me tha.t it cannot be President of the United States. sustained for a moment. Can it be that my colleague, with his in­ Q. Are you still a centennial commissioner 7 A. Yes, sir. fluence in the State of Pennsylvania, might have been placed at. the Q. And you have continued to be such from the time of your appointment until head of the electoral.ticket in that State in November, l!j76, and with tho present time 7 the power and patronage of the Federal Government at his command, A. Yes, sir. Q. Were you a candidate for the position of elector at the late presidential elec- as it is, succeed thereby, in being elected an elector, in carrying tion held on November 7, 1876 7 through t.he electoral ticket of which he is the head, and then on tile A. I was nominated and voted for as an elector. 5th of December, before the college meets, shall resign his place, and Q. Was your election certified to you by the governor of the Statei after he shall have resigned another man be put in his stead to fill the A. Yes, sir. Q. Did you attend the meeting of the college of electors 7 .college which his position, power, and inflnence have created and A. No, sir. through which the Federal patronage at his command has given the Q. Did you resign the position 7 control of the vote of the State to the party that be represents f And A. No, sir; I did not. I was advised that it was not necessary that I should re- yet that is their doctrine, contended for by Senators and annonnceu sign but that I should not attend; that I was not eligible. Q.' Not eligible by reason of your being a centennial commissioner 7 by the commission; for if a Federal officer of any grade can be selected A. Yes, sir. in this way, then a Senator of the Unit.ed States may be chosen in Q. Yon absented yourself on that account1 the sam~ way and the inhibition of the Federal Constitution is made A. I did. of no value whatever; but on the contrary the power and patronage Q. Who was appointed in your placet A. Henry A. Boggs. of the Federal Government are used to carry through an electoral Q. Henry, not Harry 9 ticket, and to nullify its plain letter as well as its spirit, and when A. I have always understood that Henry was his name; he is called Harry gen­ the college comes to cast its vote, he has resigned his place, and, as erally, however. in the Oregon case, he may be re-appointed. Q. He was appointed in your place 9 A. That was my understanding. I was not present at the meeting of the elect. If such a Senator-elector is thus chosen and has resigned his place ors. as an elector and the place is filled by somebody else who votes, and :By Mr. :BURCHARD: the Federal Constitution may thus be construed, it is iu effect nuDi­ Q. Are you paid any compensation out of the Treasury of the United States as fied. It seems to me that this is a plain case of a failure to elect. centennial commissioner! There is no provision in the statutes of Pennsy1 va.nia. for filling such A. No compensation whatever from any source. Q. The position you hold is under the act creating the centennial commissioners 7 a vacancy. There was no vacancy M.r. Morrell was not legally ap­ A. Yes, sir. pointed and the vote ought not to be counted. Mr. CAMERON, of Pennsylvania. Mr. President, I would not have Before the reading was concluded, attempted to say another word except for tbe parallel which my col­ Mr. W ALLA.CE. 'fhese facts are not denied, I understand my col­ league drew between Mr. Morrell and myself. He talked about my league to say, and I am satisfied the reading need not proceed further being elected an elector, which was very complimentary on his part, in order to make up the case in the form of a demurrer on the facts I have no donot; but I do not think there is anything in the suggfls­ stated in the object.ion. tion. Mr. Morrell bad no particular popularity above anybody else The PRESIDENT pro tempm·e. The reading will be suspended. on the ticket. Mr. Morrell, I venture to say, though I do not remem­ The resolution offered by the Senator from Pennsylvania [Mr. CAME­ ber anything about the details of the vote, did not get 100 votes more RON] will be reported. than any other elector on the ticket. I doubt whetber he got as many The Secretary read as follows : as some. He is a very respectable gentleman, living in Cambria Re.rol·ved, That the vote of Henry A. :Boggs be counted with the other votes of County, where he could have had no particular influence except that electors of Pennsylvania, notwithstanding the objections made thereto. which any other member of tl.Je party would have. Mr. W .ALL ACE. The only point I have to make in this case is that I am sorry that my colleague, who is so good a lawyer and so ex­ I believe this to be a. plain, distinct violation of t.hat provision of the cellent a gentleman, for whom I have such high personal regard, }c~ederal Constitution which prohibits any person holding an office of should have talked to-day mnch as if he had been a lawyer living up trust or profit under the Federal Go¥ernment being chosen an elector, in Clearfield County, as he does, engaged in a snit between two gen­ and there is no provision in the Pennsylvania statutes for filling such tlemen who had a contest about a t.ratle in horses. Then he might a vacancy. It is plainly proved here that Mr. Morrell was a United have made such an argument as that for the purpose of affecting an States commissioner on the 7th day of November when he was voted ignorant jury, though the juries in his county are very intelligent; for as an elector. The mode of appointment of Federal electors in but his argument was one not fitted for this place. I mean that in Pennsylvania is through the people at the ballot-box. EV"idence no disrespect to him. He does not doubt that the people of Pennsyl­ shows that Morrell is an officer-nay, it is admitted; Morrell recog­ vania voted for Mr. Hayes. He does not believe that under any cir­ nizes the fact himself, and he did not attend the meeting of electors cumstances last year the people of Pennsylvania would have voted bnt was absent therefrom, and another man was chosen by the re­ for Mr. Tilden. The intention of the law is that the opinions and mainder of the board to till his place. There was no election by the wishes of the people shall be represented by the electors, and they people by reason of his ineligibility. That is the substantial ground of did it in giving their votes for Mr. Hayes and Mr. Wheeler. the objection to his vote in this case. There was no choice by the Mr. Morrell a~cepted the place of centennial commissioner when people of Mr. Morrell on that day. He was ineligible under the Fed­ he thought he was going to render a service to the State and to the eral Constitution, and being ineligible, there was no election. That country by giving his services gratuitously in that capacity. He being the case, a reference to the Pennsylvania statutes will satisfy never dreamed that the position was an office. No other man believed Senators that there was no power in the remainder of the electoral it was au office. There was no profit in it; and if the exhibition had college to fill any such place. The provision of the statutes is as failed there would have been no honor in it. But it did succeed ancl follows: every man who served there has derived great honor for having given It shall be the duty of the secretary of the Commonwealth, on receiving there­ his services to the country. Yon all remember the contest we bad in turns of the electien of electors, as hereinafter directed, to lay them before the gov­ the Senate and how difficult it was to get anybody to reco6nize that ernor, who shall enumerate and ascertain the number of votes given for each per· the place of the centennial commissioner would eYen be considered son so voted for, and shall thereupon declare, by proclamation, the names of the persons duly elected. respectable. Mr. Morrell devoted himself to the enterprise and be gave his services freely and arduously. After a while when the coun­ Those are the words " duly elected." Section 140 provides : try began to see that Mr. Tilden was going to force his election by If any su.ch elector- allsort8 of trieks, all sorts of machinery, then he was told that there might be a. doubt about the legality of his appointment as an elector That is an elector "duly elected"- although he served without expecting honor and without any profit shall die, or from any cause fail to attend at the seat of government, at the time at all. Lest he might endanger the expression of the opinion of appointed by law, the electors present shall proceed to choose viva voce a person to fill the vacancy occasioned thereby, and immediately after such choice the names Pennsylvania he failed to go to the meeting of the electors, or rather of the persons so chosen shall be transmitted by the presilling officer of the college intentionally refused to go, and the college of electors, finding that to the governor, whose duty it shall be forthwith to cause notice in writing to IJe there was a vacancy, filled it according to the law ; and they gavo pven t{) such person of his election, and the person so elected [and not the person their votes, all the votes to which that great State is entitled, for m whose ptace he shall have been chosen] shall be an elector. Hayes and Wheeler. My colleague from the western part of tho Here plainly is demonstrated the proposition that the man who is State is just as proud of that State as I am; and I am sure if he could to be chosen by the board of electors is one who is to fill the place of be here without the party shackles upon him, he would be just as an elector duly eleqted. If Mr. MoiTel was not eligible he could not unwilling as I am to see one iota of the credit due to that great Stato be elected by tbe people and he was not elected on the 7th of Novem­ taken from her. I am sure that when he goes to bed to-night he ber, and it necessarily follows that the vacancy, if it be called a va­ will be sorry that he has made the attempt. cancy, but which is really a failure to elect, could not be filled by the Mr. EATON. Mr. :Presiuent, I simply want to read a part of tho college of electors, there being no provision for such a case. He did Constitution of the United States: not attend and his place was tilled without any lawful authority so Each State Rhall appointl in such manner as the Legislature thereof may direct, to do. Mr. President, this is all there is in this case. a number of electors, equa to the whole number of Senators and Representatives Now, it is argued that the college of electors haUnited States Senate who had interests of the community imperatively require the adoption of such a. rule. not resided in the State the number of years required by the Consti­ Mr. MERRIMON. But here the State is the actor. The State is not tution and the fact was not made known to the Senate. He comes a third person. in and takes the oath and has a seat as a Senator here. Suppose a Mr. SARGENT. The State is interested in having the act of that trial of impeachment should take place and a two-thirds vote shoald person stand. The interest of the community, as the law is laid down be cast and hili vote should make the two-thirds necessary. The RO well in Illinois, req nires that the action of the elector shall stand. record is made up, and I ask the Senator if that impeachment would If that is not so, if it doeg not sta·nd, then the State is disfranchiseu, fail if it was discovered afterward that the person had no right to a and when we call attention to the consequences which would fol· seat in the Senate T · • low the disfranchisement of a State, we a.re told, "0, that is decl:i.­ Mr. MERRIMON. I am very frank to say to the Senator that a mation." On the contrary, it is a consequence arising from our acts proper proceeding might be instituted in the Senate to set aside that that by all means ought to be avoided, if it can be done in equity. judgment before the court adjourned. If it can be done by any reasonable construction, every benefit shoalu Mr. LOGAN. I am speaking of the effect after the record is made be gi\"'en to the State. up and the act has been accomplished. I ask tile Senator if there is .A. strong argument was suggested in favor of that position by the any way to reach it f Would not that be a good vote 7 Senator from Indiana, who said tha.t where the reason of the rule Mr. M.ERRUlON. After the act was done. ceases the rule itself ceases. If applying that principle to a constitu­ Mr. LOGAN. Very well; that is the point I am making. tional provision is a strong application of it, at any rate we should Mr. MERRIMON. I trnst the Senator will not take my time. go far toward applying such a principle, if it were possible, to save Mr. LOGAN. Not at all; I was merely asking a question. the rights of a State and prevent it from being dh;franchised. As Mr. MERRlMON. Yes, sir; and I aru ready to answer in all candor the Senator has stated, it is very well known that the original con­ and frankness. In the case I put awhile ago of the senior Senator struction of the electoral college was to make n. deliberative body, from Pennsylvania, if he had cast the vote in the electoral college of and in the fear of Federal influence and favor swa.ying men's minds, Pennsylvania, be being a Senator, and the vote had been accepted by leading them not to cast their Yotcs dispassionately, but rather for the United States and counted, then it wonM be good. It would be private gain, and under the influence of power, this restriction was a decision; that would be the end of the co11troversy; but if pend­ placed upon them. All that has been swept away. \Yore tho Con­ ing the count, pending the controversy, a question should be pre­ stitution remodeled, unquestionably it would be changed in view of sented in an orderly and regular way as to whether his vote should the e.risting order of things, and there would be no 11cccssity for a be counted, it would not only be competent for the t.wo branches of provision of this kind; but here we are to search away down into an Congress sitting together to reject it in the count, but it would be insignificant office where there is no profit attached to it, where it the duty of Congress to reject it under the circumstances. I admit can scarcely be called an office of honor at all, except to cast more very frankly that if the vote shall go unquestioned and is counted, honor upon his State, an::l a little might be reflected upon him; but there is a determination, there is a judgruent, there is tho award of by no reasonable definition of the words "an office o.f profit or trust" the election, the proclamation of the election, and that is the end of -could it be contended that a centennial commissioner of the exhi­ controversy; but if the inquiry is instit.uted pending the count, as is bition helrl such an offiee. the case here, it is the duty of Congress to seo that this provision of 1\fr. HARVEY. I wish to suggest to the Senator-- the Constitution is enforced; and unless this is the way to enforce the 1\fr. ~IERRIMON. What remedy has the United States T provision o.f the Constitution when it shall be violated, I confess we Mr. SARGENT. I cannot answer both questions at once. can have no remedy on the face of the earth. Therefore it was that Mr. HARVEY. I suggest to the Senator that the office of centen­ I put what I thought was a pertinent question to the Senator from nial comp1issioncr comes really from the State, the governor of the 1877. CONGRESSIONAL RECORD-SENATE. '1903

State appointing or designating who shall be the centennial commis­ Mr. MITCHELL. Certainly not. sioners, and in this case Governor Hartranft appointed Mr. Morrell. Mr. CHRISTIA.J..~CY. Now, until it has been judicially determined Mr. SARGENT. That statement is undoubtedly correct. Now I and that judicial evidence is brought before us, I am authorized to will hear the Henator from North Carolina. say that there is no evidence whatever that this elector was disquali­ Mr. MERRIMON. What remedy has the United States f fied; and, if not disqualified and he staid away from the electoral Mr. SARGENT. I do not ·say that the United States needs a college, another man might have been elected in his place ur der tho remedy. If the State needs a remedy there is power to institute statute of Pennsylvania. I am authorized to say, therefore, that tho proceedings by quo tL arranto or by any other legal means. If neces­ elector was not disqualified. That is all I wish to say, and it is, in sary you could simply by a greater interval of time between the my view, sufficient. election and the meeting of the electoral college give time for sum­ Mr. McDONALD. Mr. President, the language of the Constitution mary proceedings in order to determine the right of the elector; there is that "no person holding an office of trust or profit under the United may be some machinery provided where there can be evidence taken States shall be appointed an elector." It has been contended here according to the processes of the common Jaw; but where a man has that, notwithstanding these plain words, an incompetent and un­ acted for the people in good faith as Mr. Morrell did, under color of qualified person may be appointed. 1\iy colleague has discovered a election, his act is valid. If he had gone into the college and ca.st new mode of amending the Constitution. He says that when this his vote.t;here, I would still contend that under the principle of law provision was placecl there it was the expectation that the electors which Tbave stated and which is so well sustained in all the books, thus appointed would cast such votes as should correspond with their we should give full faith to his acts as concerned the public of his own judgment; but that in practice they stand pledged to cast the own State, the public of the United States, and third parties, aside vote in accordance with the will of those who have elected them; from himself. If he we1·e to gain by his acts, if there were a question and, therefore, he insists that because this bas becop:te the practice, whether certain compensation should come to him or not, or if he therefore, the provisions of the Constitution in regard to qualifica­ were to get other advantage, it might· be that his act might not be tion are no longer to be reg:1rded. valid to bring that benefit to himself; but where he has acted in a Mr. MORTON. Will my colleagne allow me to say that I do not public capa-city and in good faith, and where the people who elected insist upon that, but I insist that that is an excellent reason for con­ him acted in good faith, the act should be beneficial to the State and struing the statutes liberally, so as not to defeat the will of the people prevent the disjrancbisment of the State. by a technicality. Mr. CHRIST1ANCY. I ask for the reading of the Pennsylvania l\fr. McDONALD. My colleague refers to the ancient maxim of the law attached to these papers. I have not the statutes before me. law that where the reason for the Jaw ceases the Jaw mav be termed Mr. MORTON. I have the statute of Pennsylvania, if that is what obsolete; but I never unuerstood that that could be applied to consti­ the Senator wants. . tutional provisions, provisions in the nature of organic law, by which Mr. CHRISTIANCY. Then will the Senator do me the kindness to government was organized and its powers defined. I apprehend it read the law T would be a strange rule to apply to such L

1877. CON.GRESSIONAii RECORD-HOUSE. 1905 not representing the State of Louisiana. As well mistake the hoot­ must come to him under the nomination of a governor of a State are ings of the owl for the soft, sweet notes of the southern mocking-bird. not the officers contemplated by the terms of this Constitution who In this particular case from Pennsylvania I ani not prepared to say, shall not be appointed electors. These officers, as I assert, (and I have for I am not sufficiently conversant with this position of commissioner it from good authority,) were never nominated by the President and to say whether, Btricti8sintiju1'is, this man is an officer or not, and un­ by and with the advice and consent of the Senate appointed to these less in the strictest sense of the term he was an officer, equity and good positions; they were nominated by the governors of the States to him. morals demand that his vote should be counted. I am not speaking That was an optional act with them; they could do it or not, as they to this point but to the doctrine which the very able Senator from chose. If the governors refused to nominate, the President could not Indiana [Mr. MoRTON] has presented and which doctrine in my have a-ppointed or constituted them officers. It may be said, however, opinion is startling and subversive of the Constitution. Whenever that the heads of the departments could, and that the President is the you permit the doctrine to come in that the habits, the usa~es, the head of the executive department. Now I hold that, under the lan­ customs of this party or that party or of anybody can override the guage of this Constitution, it is a violation of the spirit of it to say Constitution of the United States, you admit a dangerous doctrine; that the President is the head of any department of the Government. it is startling to this country. It is the Grecian horse within the TIP.s is the language : gates of Troy. And, Mr. President, it seems to me that something of But the Congress may by law vest the appointment o£ such inferior officers, as this sort must have been permeating the minds of the electoral com­ they think proper, in the President alone, m the courts of law, or in the heads of mission, something of this kind was at the bottom of every judgment Departments. we have had here. If a man was not duly appointed on the 7th day That does not refer to the Chief Executive. of November it was impossible, absolutely impossible to appoint him The PRESIDENT pro tempore. The Senator's time has expired. after that day, and no-reasoningcanshake this impregnable position. The question is on agreeing to the resolution. The PRESIDENT pro tempore. The Senator's time has expired. The resolution was agreed to. Mr. COCKRELL. Mr. President, I shall vote to count the vote of Mr. SARGENT. I move that the House be notified of the action of this elector with the other votes of the State of Pennsylvania. I may the Senate and that it is ready to meet the House tO continue the be mistaken in my conception of the law, but I cannot conclude that further count of the votes. this is an officer of the United States in the contemplation of the The motion was agreed to. Constitution. Mr. WINDOM. I move that the Senate take a recess until Monday But no Senator or Representative, or person holiling an office-of 1;rust or profit at ten o'clock. · under the United States, shall be appointed an elector. The motion was agreed to; and (at six o'clock p.m.) the Senate • • * * * • * took a recess until Monday, February 26, at 10 o'clock a.m. The President •· * * shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, otherfublic ministers and consuls, jud,ges of the Supreme Court, and all other officers o the United States whose appomt menta are not herein otherwise provided for, and which shall be established by Jaw, but the Conp:ess may by law vest the appointment of such ii:rferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Depart­ HOUSE OF REPRESENTATIVES. menta. These commissioners, as I understand, were not nominated and by • SATURDAY, February 24, 1877 .. and with the advice and consent of the Senate appointed, and I hold that they are not officers of the United States in the strict sense of The Senate having withdrawn, the House (at twelve o'clock and the word. I desire to call the attention of the Senate for a moment twelve minutes p.m.) was called to order by to the act of the 3d March, 1871, in regard to the appointment of The SPEAKER, who said: The Chair decides that a new legisla­ these commissioners, to be found on page 470 of volume 16 of the tive day has beeri reached, and the Chaplain will now offer prayer. Statutes: Prayer by the Chaplain, Rev. I. L. TOWNSEND. That an exhibition of American and foreign arts,/roducta, and manufactures The Journal of yesterday was read and approved. shall be held under the auspices of the Government o the United States. ENROLLED BILLS SIGNED. • * * • • * * * That a commission to consist of not more than one delegate from each State and Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, from each TeiTitory of the United States, whose functions shall continue until the by unanimous consent, reported that they had examined and found close of the exhibition, shall be constituted, whose duty it shall be to prepare and truly enrolled bills of the following titles ; when the Speaker signed superintend the execution of a plan for holding the exhibition, and, after confer­ the same: ence with the authorities of the city of Philadelphia, to :fix upon a. suitable site. * * * * * * * An act (H. R. No. 1231) for the relief of the Board of Trustees of • That said commissioners shall be appointed within one year from the pa.<~sa~e of the Antietam National Cemetery; · this oot by the President of the United States, on the nomination of the governo!'H An act (H. R. No.1947) granting to the city of Stevens Point, Wis­ of the States and Territories respectively. consin, a certain piece of land; Now, I hold that without the nomination of the governors of the An act (H. R. No. 2197) for the relief of Henry B. Kelly, of Louisi­ States and Territories, these officers could not be constituted by the ana, from political disabilities imposed by the fourteenth amendment; President, and they are not, therefore, officers of the United States An act (H. R. No. 3093) for the relief of the legal representatives in the sense of the Constitution. They may be officers of the State of Zachariah B. Washburn, deceased; and and officers holding some color of authority from the United States, An act (H. R. No. 3566) to authorize the Board of Trustees of the but they are not in the sense of the Constitution officers of the United city of Cheyenne, Wyoming Territory, to enter and purchase for the States. In the case of the United States VB. Hartley, Jtlr. Justice use of said city certain public lands. Swayne defined an office thus: ORDER OF BUSDmSS. An office is a public station or employment conferred by the appointment of f!OV· Mr. LANE obtained the floor and yielded to ernment. The term embraces the ideas of tenure, duration, emolun1ent, and duties. Mr. CLYMER, who submitted the following resolution: Under this act, section 7 : Resolved., That for the more careful consideration of the objections to the report That no compensation for services shall be paid to the commissioners or other offi­ of the electoral commission in the Oregon case, the House now take a receBS until cers provided by this act from the Treas ury of the United States; and the United ten o'clock on Monday morning. States shall not be liable for any expenses attending such exhibition, or by reason of the same. Mr. HANCOCK. I rise to a point of order on that resolution. Mr. CLYMER. I desire to say that my object-- In the case of Sheboygan County VB. Parker, 3 Wallace, 93: The SPEAKER. The resolution is not debatable. A county officer is one by whom the county performs ita usual political functions or offices of government; and a special board of commissioners appointed to per­ Mr. LANE. I ask unanimous consent tha~ the gentleman from form a. duty, which shall, though relating immediately to the county the ordinary Pennsylvania [Mr. CLYMER] may make a statement. county officers have not the power to tra.n.sa.ct without special legislation, are not Mr. HUBBELL. I object. county officers. · Mr. HOSKINS. I call for the yeas and nays on the resolution. The functions here did not belong exclusively to the United States, Mr. CLYMER. Do gentlemen on the other side refuse to hear and although they were constituted by this act of Congress they do a statement a.s to the object of this resolution t not belong exclusively to the United States. The governors of the Mr. TOWNSEND, of New York. I object to debate. States nominate these commissioners and the President commissions The SPEAKER. The gentleman from Texas [Mr. HANCOCK] rises them as a mere matter of form to represent their States at the cen­ to a point of order, and will state it. tennial exhibition. I know it has been held by high judicial author­ Mr. HANCOCK. My point of order is this: That in accordance ity that they are officers of the United States, but I cannot concede with the law under which we are now proceeding, which may be the soundness of that view of the case. · Believing that Mr. Morrell said to be a law somewhat enabling in its character, after the com­ was not a person holding an office of profit or trust under the United mission has come to a conclusion which has been presented to the States, I think he was eligible. It may have been an office of honor, two Houses and objections taken, it is not within the power of either but that is not excluded by the terms of the Constitution: • House to take a recess until the electoral vote is passed upon, nor to No Senator or Representative, or person holding an office of trust or profit under take a recess at all except in the contingency contemplated and pro­ the United States, shall be appointed an elector. vided for in the fifth section of the electoral act ; and that under the He must hold an office of trust or of profit, and that office must be fourth section of 'that act, which must be construed as in harmony one under the United States. Under the Constitution the President with the provision of the Constitution of the United States upon the has the power of appointment; he has the power of appointing every same subject, it is the duty of each Honse, when acting separately constitutional officer of this Government without any authority or upon any question connected with the determination of the electoral nomination from the gove~ors of the States, and those officers who vote, to proceed to that determination without a recess.

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