f875. CONGRESSIONAL RECORD. 845
prebend the actors, and take all.needful precautions ~gainst its co~ and concurrent resolution of the General As embly Of the State of :Missouri, enti tled " Joint and concurrent r tl olution of the General Assembly of the State of tinuance and renewal. Precaution alone, opened a Wide field. Th1s Missouri concerning the recent occm-rences in Louisiana, 'approved January 19, was the ricrht of any person, though a private citizen, holding a war 1875, as appears by comparing the same with the original rolls of said resolution rant for the apprehension of the offenders. It was the right of any now on file, as the law directs, in this office. officer or magistrate, or of those he summoned, without warrant, not In t~stimony whereof I have heretmto set my hand and affixed my official seal. Done at office this 25th day of January, A. D. 1875. only to quell the distnr?~nce bu~ to apprehend the di~t~rrbers. I [L. s.j MICHAEL K. l\IcGRA TH, might cite many authontl~s to ~his, but no bett~r .expos1t10n of ~he . Secretary of State. law is needed than that gtven m a charge to a Jury by Judge King Joint and concurrent resolutions of the GeneralAssemblyof the State of Missouri after the Philadelphia riots in 1844-Jndge King who thirty y~ars concerning the recent occurrences in LouisL.'I.Ila. ago was nominated for justice of the Supreme Court of the Uruted Be it resolved bzt the house of representatives (the senate concurring tl_l.erein) as f?llotos: States. First. That th1s General Assembly reaffirms the true republican doctrme set He says: forth in the ori!ri:nal constitutions of Virginia. and Massa-chllSetts, "that no free government or the blessing_s of liberty can be preserved to any people except by a .An unlawful a sembly, such as I have described, may be dispersed by a magis· frequent recurrence to furiaamental principles." . trate whenever he finds a state of t.hings exis!fug, callin~ for intexference.in or~ler Second. '.rha.t one of those fundamental principles of free governments is that the to the preservation of the public peace. He IS not reqmred to postpone his action Legislature of a State is the sole judge of the lection and qualifications of its own until the unlawful assembly ripens into an actual riot. For it is better to antici members; and that the recent use of Federal troops to expel from the duly organ pate more dangerous result , by energetic intervent;ion at the inception of ~threat ized Legislature of Louisiana certain members thereof, on the pretext tha.t they ened breach of the peace, th:m by delay to perm1t the tumult to _a{)qrure such had been wrongfully admitted by that Legislature to their seats, i:s at ndon nota of civil power; that the spectacle of the mtervention by the Pre8tdent of the Umted 1780 this matter was much mll!tmderstood, as 1t clearly was With us, and a general States in local or State affairs, not in his capacity as a civil magistrate, through the persuasion prtlvailed that no indifferent person could "!nteljere without the !lutho.rity writs of the courts, but as a military commander-in-chief through troops and ve8- of a magistrate, in consequence of which much IDlSChief was done, which m1ght sels of war in time of feace, has become so frequent of late aa to excite the appre otherwise have been preventoo. hension of all lovers o constitutional liberty; and that it is the duty of Congress Mr. SARGENT. If the Senator from New York will give way, unless to enact without delay suitable L'1ws to check the abuse of the military authority he desires very much proceed now, I will move that the Senate of the General Government. to Fifth. That while the recommendation of Lieutenant-General Slleridan that a. 1 adjourn. designated class of people should be declared "banditti ' and tried by courtR-martial ~fr. CO~TKLING. I havo no doubt as to my right to give way and in time of peace is so absurd aa to excite only the deri ion of every one in the least as to the propriety of my doing it, except my consciousness of the acquainted with the Constitution and laws of the conutry, yet such reckless and incendiary lan.guage from an officer charged with a delicate mission is abbo:rrent to inadequacy of that which I am saying to warrant an expenditure by the f eelingR of every friend of humanity and lover of constitutional liberty, and the Senate of any part of another day in hearing me. deserves and should receive a stern and prompt rebuke from his official superiors. Mr. BOUTWELL and others. We will judge of that. Sixth. That while we sincerely sympathize with the people of Louisiana in their l\1r. CONKLING. And yet, of course, I do not wish to compel Sen Dllhapp:v condition, and are determined to make every legitimate effort to diminish their sufferings we urge upon them to do no rash act, and to use only lawful aml ators to stay if their politeness may constrain them ; and therefore I peaceable m ean's to throw oft" the yoke of. the~ bondage, looking hopefully forw.ll>r~ shail agree of course to whatever may be the disposition of the to the time when, throu~h the sense of JUStice of the whole people of the Uruon, Senate. they may be reinstatea in their rights of self-governm~nt~ that ?Y such .trueJ Mr. SARGENT. I move th.'tt the Senate adjourn. patient heroism they may do the who[ecountry a. great serviCe m baffim~ the WlCkeo. schemes of all such as aim to worry and goad them into acts of violence, which The motion was agreed to; and (at fivoo'clock and eighteenminutes may be 11Sed as pretexts for extendin..$ a like military despotil!m over adjoining p.m.) the Senate a-djourned. States and eventually over the whole union. Seventh. That our Senators in the Congress of the United States are hereby in structed and our Representatives are requested to urge upon that body to exercise all its powers under the Constitution, without delay, to secure to the people of Lou isiana the blessings of peace and prosperity under a republican form of govern ment. . IN SENATE. Eighth. That we appeal to the Legislature~ of all ?ll! sistm: State~ to take appro: priate action in relation to the recent events m Lorus1ana, With a. VIew to preserve FRIDAY, January 29, 1875. and increase harmony between the different sections of our common country, and protect our common :liberties against the stealthy approach of absolutism through Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D. the use of military power in civil affairs. . . . Ninth. That the govet:nor of the State 1 requested to ~ansmtt ~p1es of the~e The Journal of yesterday's proceedings w~ read and approved. resolutions to the executives of the other States of the Umon, to belatd before their ENROLLED BILL SIG~"'ED. respective Legislatures. T enth. That a copy of these r esolutions bo sent to each of our Senators and Rep .A. message from the House of Representatives, by 1\fr. 1\IcPimRSON, resentatives in the Congress of the Unit,ed States. its Clerk, announced.that the Speaker of the Honse had signed the Approved January 19, 1875. enrolled bill (H. R. No. 3823) making appropriations forfortifications and other works of public defense for the fiscal year ending June l\fr. BOGY. I move that the resolutions be laid on the table and 30, 1876; and it was thereupon signed by the President pm ternpO're. printed. The motion was agreed to. EXECUTIVE COMMU1nCATION. l\fr. SHERMAN. The resolutions recommend a revolutionary and The PRESIDENT pro tempore laid before the Senate a letter of the unconstitutional proceeding. If that is the tone of the people of Secretary of War, transmitting a letter of the Chief of. Engineers Missouri, it seems to me they ha~ better study the Constitution of relative to the purchase by the Engmeer Department, m 1863, of the United States. That is all I have to say. land adjacent to the fort at Willet's Point, New York Harbor; which Mr. DENNIS presented the petition of Julia 1\f. Colbourne, of Balti was referred to the Committee on Military Affairs, and ordered to be more, Maryland, administratrix of the estate of James Simpson, de printed. ceased, praying an extension of letters-patent for a valuable im · He also laid before the Senate a letter of the Secretary of War, provement in vessels for holding liquids; which was referred t{) the communicating a protest of the officers of the Tenth Regiment of Committee on Patents. United States Cavalry, aga.instthepassageof the House bill ~o anth_or :Mr. WASHBURN presented a memorial of. citizens of Cambridge, i7.e the restoration of George A. Armes to the rank of ca-ptam; which Massachusetts, remonstrating against the restoration of duties on tea was referred to the Committee on Military Affairs, and ordered to be and coffee, and praying for the repeaJ. of the 10 per cent. reduction of printed. duties upon certain foreign goods made by the act of 1872; which· He a.lso laid before the Senate a report of the Secretary of War, was referre(l to the Committee on Finance. transmitting, in obedience to law, a copy of the report of Colonel J. Mr. LE\VIS presented a memorial of citizens of Virginia, remon H. Simpson, Corps of Engineers, upon part of the third subdivision strating against the restoration of duties o~ tea and ~offee and pra! of the Mississippi route; which was referred to the Select Committee ing for the repeal of the 10 per cent. reduction of dnt1es upon certam on Transportation Routes to the Sea-board, and ordered to be printed. foreign goods made by the act of 1B72; which was referred to the PETITIONS A..."fD MEMORIALS. Committee on Finance. Mr. BOGY. I p~esent a joint resolution of the Legislature of Mis Mr. SCOTT. I present a petition of citizens of Pittsburgb and souri; which I ask to have read and printed. vicinity, praying that liberal appropriations be made for the improve The Secretary read the resolution, as follows: ment of the Ohio River and that the interest on the bonds of the Texas Pacific and theNorthern Pacific Railroad Companies be guaran OFFICE OF SECRETARY OF STATE, Oity of Jefferson, Mi.ssouri. teed by the Government. This is a. mixed petition. I move its refer I, Michael K. McGrath, secretary of state of the State of Missouri, do he~e.by ence to the Committee on Railroads. certify that the annexed pages contain a true, complete, and full copy of a JOWt The motion was agreed to. 846 CONGRESSIONAL RECORD. JANUARY 29, -
Mr. SCOTT presented memorials of citizens of Johnstown, of Hun O'Neal & Co., praying an amendment of the act of June 20, 1874,en tingdon County, and of Hollidaysburgh, Pennsylvania, remonstrating titled ".A.n act for the government of the District of Columbia," so against the restoration of the duty on tea and coffee and praying a that they may receive pay for sweeping the streets, avenues, ancl repeal of the law which reduced duties on certain foreign goods 10 alleys of the city of Washington the same as other ordinary municipal per cent.; which were.referred to the Committee on Finance. . expensfls are now paid, reported a bill (S. No. 1212) explanatory of Mr. FRELINGHUYSEN presented a memorial of the Methodist the act passed June 20, 1874; which was read and passed to the sec- church of .Allston, Massachusetts, signed by the pastor and officers, ond reading. • asking for the prohibition of the manufacture, importation, and sale Mr. OGLESBY. I am directed by the Committee on Pensions, to of alcoholic beverages in the District of Columbia and in the Terri whom was referred the bill (H. R. No. 3732) granting a pension toO. tories of the United States; which was referred to the Committee on G. Van Du en, guardian of minor child of Reuben M. Pratt, to re Finance. port it back and recommend its indefinite postponement, because a He also presented the petition of J. J. Flournoy, of Georgia, ask note from the Bureau of Pensions shows that since the bill was intro ing an appropriation of money to aid such of the colored people a.s duced iu the House the pension has been granted by the Commis wish to remove to Liberia; which was referred to the Committee sioner of Pensions. on Appropriations. · The bill was postponed indefinitely. Mr. SCHURZ presented a resolution of the Legislature of Mjssouri.., Mr. OGLESBY, from the Committee on Pensions, to whom was in favor of an appropriation for the improvement of the Gasconade referred the petition of Mary B. Hook, widow of Colonel J ames H. River, in South Central Missouri; which was referred to the Com Hook, late of the United States Army, praying to be allowed a pen mittee on Commerce. sion, submitted an adverse report thereon; which was ordered to be 1\fr. OGLESBY presented a memorial of 150 citizens of Decatur, printed, and the committee was discharged from the further consid illinois remonstrating ao-ainst the restoration of the duties on tea eration of the petition. and coffee and the reviv;.'l of internal taxes and asking the repeal of He also, from the same committee, to whom was referred the peti the act of 1872 which reduced t.he duties on certain imports 10 per tion of George W . Coffin, late of Company I, Tenth Missouri Volun cent.; which was referred to the Committee on Finance. teer Cavalry, praying to be allowed a pension, submitted an adverse Mr. PRATT presented a petition of sundry members of the Seneca report thereon; which was ordered to be printed, and the committee tribe of Indians, who co-opemted with the American forces in the war discharged from the further consideration of the petition. of 1812, asking to be placed on the pension-roll; which was referred He also, from the same committee, to whom was referred the peti to the Committee on Pen.sions. tion of Nathan Upham, a. corporal in Company G, Eighty-fourth Regi 1\fr. PRATT. I also present a petition of citizens of the District of ment Indiana Volunteers, wayino- to be allowed a pension, submitt-ed Columbia, praying Congress to have the commission for this District a report accompanied by a bill (S. No. 1213) granting a pension to continued for the term of one or more years, that they may fully com Nathan Upham. plete their labors so well and economically begun. They say in ref The bill was read and pa-ssed to the second reading, and the report erence to the bill and report of Senator MORRILL, reported to the Sen was ordered to be printed. ate December 7,1874, "for the better government of the District of Mr. OGLESBY, from the Committee on Pensions, to whom was re Columbia," that they beg leave to suggest that it is too voluminous, ferred the bill (H. R. No. 1241) restoring to the pension-roll the name creating too many boa.rds and bureaus, multiplying offices, &c. They of Joseph V. Cartwright, submitted an adverse report thereon; which say: was ordered to be printed, and the bill was postponed indefinitely. We desire simplicity and economy in our District government. Finally, we believe He also, from the same committee, to whom was referred the bill the importance of the bill demands more time and considemtion than it can receive (H. R. No. 3715) granting a pension to Sarah Bacon, of Frankfort, at the present short session of Congress, especiallY' in view of the multitude of bills Kentu.cky, submitted an adver e report thereon; which was ordered and important business now on the tables of this Congress pressing for immediate passage; therefore we desire to have action on said bill and report defeiTed to a to be printed, and the bill wa postponed indefinitely. more appropriate season or session ; and in no case do we desire any demoralizing He also, from the same committe-e, to whom wa-s referred the bill District elections. (S. No. 413) for the relief of Alice Aide, submitted an adverse report I move the reference of this petition to the Committee on the Dis thereon; which was ordered to be printed, and the bill was post . trict of Columbia. poned indefinitely. The motion wa.s agreed to. He also, from the same committee, to whom was referred the peti Mr. ALLISON presented a petition of the mayor and common council tion of Maria ..A.. Rousseau, widow of Major-General Lovell R. Rous of the city of Dubuque, Iowa, and of the city of Dunleith, illinois, and seau, praying for an increase of pension, asked to be discharged also of a large number of citizens of the States of Iowa and illinois, from its further consideration; which was agreed to. asking that the authority of Congress be granted for the construc He also, from the same committee, to whom was referred the peti tion of a ponton-brid~e across the Mississippi River between Du tion of Samuel Adams, of Texa,s, praying to be allowed a pension, buque, Iowa, and Dunleith, Illinois; which wa.s re~erred to the Com submitted an adverse report thereon; which wa ordered to be printed, mittee on Commerce. and the committee was discharged from the further consideration of Mr. SHERMAN presented a memorial of citizens of Youngstown, the petition. . Ohio, and a memorial of employe of the Grafton Iron Company, He also, from· the same committee, to whom was referred the bill Grafton, Ohio, remonstrating against the restoration of the duty on (S. No. 1080) granting a pension to J . W. Caldwellt of M~rshall tea and coffee, and praying for the repeal of the law which reduced County, Indiana, reported it without amendment, ana submitted a the duties on certain foreign goods 10 per cent.; which were refened report thereon; which was ordered to be pribted. to the Committee on Finance. He also, from the same committee, to whom was referred the bill He also presented the petition of Walter Wheatley, a citizen of (H. R. No. 3271) granting a pension to Robert D. Jones, reported it Ohio, praying to be allowed a pension on account of services rendered without amendment, and submitted a. report thereon; which was in the war of 1812; which was referred to the Committee on Pensions. ordered to be printed. Mr. HAMILTON, of Maryland, presented a petition of citizens of He also, from the same committee, to whom was refened the bill (H. R. No. 3708) granting a pension to Eunice Wilson, mother of John Baltimore, Ma.ryland1 pra-ying that aid be granted to the American Printing House for the Blind and the American University for the C. Wilson, late private Company D, Forty-ninth Regiment Illinois Blind; which was referred to the Committee on the District of Volunteers, reported it without amendment, and submitted a report Columbia. . thereon ; which was ordered to be printed. Mr. SARGENT. I present the petition of about 1,200 citizens He also, from the same committee, to whom was referred the bill of the District of Columbia, asking for the passage of the amend (H. R. No. 1722) granting a pension to Martha Wold, reported it with ment to the bill (S. No. 963) for the better government of the out amendment, and submitted a report thereon ; which was ordered District of Columbia, which was submitted by myself, and in the to be printed. same terms as the large petition which I presented yesterday. I He also, from the same committee, to whom was referred the bill(H. move that this petition lie on the table to await action on that bill. R. No. 3717) granting a pension to Sarah McAdams, reported it with an The motion was agreed to. amendment. Mr. CLAYTON pre entecl a petition of the members of the legal 1\fr. WJNDO}f, from the Select Committee on Transportation Routes profession residing in the city of Little Rock, Arkansas, praying that to the Sea-board, to whom was referred the bill (S. No. llOO) chartering Richard H. Johnson, Andrew I. Hutt, Silas F. Field, Samuel F. Dolley, the Forty-fiTst Parallel Railroad Company of the United States of and John I. 1\fc.A..lrnont, sureties on the bond of John G. Halliburton, America, from Lake Erie to the Missouri R.iver, and to limit the rates late marshal for the eastern district of the State of Arkansas, be re of freight thereon, asked to be discharged from it-s further consider lieved from liability on accotmt of the judgment rendered against ation and that it be referred to the Committee on Railroads; which them by the district court of Arkansas on the 25th day of April, 1868, was agreed to. . for the sum of 5,620; which was ordered to lie on the table. Mr. SPRAGUE, from the Committee on Public Lands, to whom was recommitted the bill (S. No. 584) providing for the permanent loca REPORTS OF COMMITTEES. tion of the southern terminll.d of the Oregon Central Railroa"(}, and to 1\!r. NORWOOD, from the Committee on Naval .Affairs, to whom amend the act entitled "An act granting lands to aid in the construc was referred the bill (H. R. No. 565) for therelief of Peters andReed, tion of a railroad and telegraph line from Portland to Astoria and naval contractors at the Norfolk navy-ya,rd in the year 1/jGO, reported Mcl\finnville, in the State of Oregon," approved May 4, 1870, asked to it without amendment. be discharged from its fnrther consideration; and the bill was post Mr. LEWIS, from the Committee on the DistJ:ict of Columbia, to poned indefinitely. whom w:>,s referred the memorial of Levi P. ·wright and Dennis He also, from the same committee, to whom wa-s referred th e bill 1875. CONGRESSIONAL RECORD. 847
(S. No. 1194) granting right of way to the San Pete Railway Com of streams under water, a-sked to be discharged from its further con- pany, asked to be discharged from its further consideration and that sideration; which was agreed to. . it be referred to the Committee on Railroads ; which was agreed to. Mr. WADLEIGH, from the Committee on Patents, to whom was He also, from the same committee, to whom was referred the bill referred the petition of Anson Atwood, of Troy, New York, praying (S. No. 1059) to incorporate the Dakota and l\lontana. Railroad Com for an extension of his patent for railroa-d car wheels, a-sked to be pany, asked to be discharged from its further consideration and that discharged from its further consideration; which was agreed to. it be referred to the Committee on Railroads ; which was agreed to. He also, from the same committee, to whom was referred the me He also, from the same committee, to whom was referred a petition morial of A. S. Macomber, of Hamilton, New York, praying for the of citizens of New York, praying further legislation in aid of home extension of letters-patent for straw and stalk cutters, asked to be stead settlers upon the public lands, asked to be discharged from its discharged from its further· consideration; which was agreed to. further consideration; which was agreed to. BILLS INTRODUCED. He _also, from the same committee, to whom was referred the me Mr. HAMILTON, of Maryland, asked, and by unanimous consent morial of the Legislative Assembly of the Territory of Dakota, in favor obtained, leave to introduce a bill (S. No. 1214) for the relief of the of a grant of land to aid in the construction of a railroad from Yankton, Industrial Home School of the District of Columbia; which was read in that Territory, to the GreatNationalPark, bytheway of the Black twice by its title, referred to the Committee on the District of Colum Hills, asked to be discharged from its further consideration; which bia, and ordered to be printed. was agreed to. Mr. FLANAGAN asked, and by unanimous consent obtained. leave He also, from the same committee, to whom was referred the me to introduce a bill (S. No. 1215) to establish a post-route in Texas; _morial of the Legislature of Dakota, asking a grant of lands to aid in which wa-s read twice by it-s title, referred to the Committee on the construction of railroads in that Territory, asked to be discharged Post-Offices and Post-Roads, and ordered to be printed. from its further consideration; which was agreed to. He also, from the same committee, to whom waB referred the me LANDS IN SANTA CRUZ VALLEY, ARIZONA. morial of citizens of California, asking an amendment of the home The PRESIDENT pt·o tempore. If there be no resolutions, the stead law so as to enable settlers on the even numbered sections in Senate will proceed, under the o:tder, to consider reports from the side of railroa-d reservations to enter one hundred and sixty acres Committee on Private Land Claims. instead of but eighty acres, asked to be discharged from its further Mr. THURMAN. The Senator from Missouri will take charge of consideration; which was agreed to. . . that matter. · He also, from the same committee, to whom was referred the peti Mr. BOGY. I am authorized by the chairman of the Committee on tion of citizens of Dickinson County, Kansas, praying the passage Private Land Claims to ask the Senate to take up House bill No. of House bill No. 3281, amending an act to aid in the construction of ~. . a railroad and telegraph line from the Missouri River to t.he Pacific The bill (H. R. No. 3584) to grant title to certain lands in the Tetri Ocean, and to secure to the Government the use of the same for tory of Arizona was considered as in Committee of the Whole. postal, military, and other purposes, a-sked to be discharged from its The preamble recites that certain lands in Santa Cruz Valley, further consideration, and that it be referred to the Committee on county of Pima, and Territory of Arizona, have for many years been Railroads, the bill being before that committee; which waB agreed to. occupied and possessed by persons of Mexican birth, who became Ur. HAMILTON, of Texas, from the Committee on Pensions, to citizens of the United States under the treaty of Guadalupe Hidalgo whom was referred the bill (H. R. No. 3278) granting a pension to and the Gadsden treaty, and that they desire to secure patents for these Margaret Beeler, reported it without amendment. · lands in the small and irregular tracts in which they were originally He also, from the same committee, to whom was referred the bill taken up under l\lexican authority and have been held and cultivated (H. R. No. 3682) granting a pension to Theron W. Hanks, a private to the present time, ancl that they cann9t do so under the existing of the Third Minnesota Battery, reported it without amendment, and land laws of the United States. submitted a report thereon; which was ordered to be printed. The bill therefore relinquishes all th~ right and title of the United He also, from the same committee, to whom was referred the bill States to the land embraced in sections 2, 11, and 14, and the east (H. R. No. 3723) granting a p6nsion to Mary Logsdon, reported it half of sections 3, 10, and 15, of township 14 south, range 13 east, without amendment, and submitted a report thereon; which wa-s Gila and Salt River meridian, in the county of Pima Territory of ordered to be printed. Arizona, and grants the same to the person or persons who have been He also, from the same committee, to whom was referred the bill in the actual bo-na fide occupancy or po session of the land, by them (H. R. No. 3699) granting a pension to Lydia Simpson, submitted an selves or their ancestors or grantors, for twenty years next preceding adve1·se report thereon; which was ordered to be printed, and the bill the date of the passage of the act. It is ma-de the duty of the regis was postponed indefinitely. ter and the receiver of the United States land office for the district in He also, from the same committee, to whom was referred the bill which the land lies to hea-r and determine, subject to the approval of (H. R. No. 3191) granting a pension to Elizabeth Braunix, submitted the Commissioner of the General Land Office, the rights of the par an adverse report; which was ordered to be printed. ties claiming under the act ; and for that purpose the register and the Mr. HAMILTON, of Texas. I suggest that tae report is so made receiver are to summon witnesses, administer oath , and take testi as to allow the petitioner to withdraw her papers from the files should mony relative to such occupancy or posses ion. she see proper. When&ver it shall have been determined by the register and re The PRESIDENT pro tempore. It being a House bill, in the opinion ceiver, or on appeal by the Commissioner of the General Land Office of the Chair the bill must go back to the House, and leave must be or Secretary of the Interior, that any tract has been so occupied, it asked there to withdraw the papers. shall be the duty of the surveyor-general of the Territory to cause the The bill was postponed indefinitely. claims to be S!_ll'veyed in·accordance with the lines of such occupancy, Mr. HAMILTON, of Texas, from the Committee on Pensions, to and to furnish approved plats of the same, upon the receipt and ap whom was referred the petition of Hiram Bateman, late of Com proval of which plats and the field-notes thereof by the Commissioner pany I, Third Regiment Michigan Volunteers, praying to be allowed of the General Land Office patents shall issue as in other cases. a pension, asked to be discharged from its further consideration; Any part or parts of the designated lands that are not shown to which was agreed to. · the satisfaction of the Commissioner of the General Land Office to He also, from the same committee, to whom was referred the peti have been so occupied for twenty years shall be held by him as open tion of Mountjoy Browning, late of Company A,MissouriStateM:ilitia to settlement under the provisions of the pre-emption or homestead Cavalry Volunteers, prayin(l' to be allowed a pension, submitted an laws of the United States, and patents may be issued therefor for any adverse report thereon; whlch was ordered to be printed, and the number of acres not exceeding one hundred and sixty that parties committee was discharged from the further consideration of the peti- complying with said legal provisions may desire to hold; but all ex tion. · isting occupants who have settled on those lands within a period of Mr. HAMILTON,' of Texas. I am also direct-ed by the same com less than twenty years shall have.the prior right to acquire the same mittee, to whom was referred the bill (H. R. No. 360) granting a pen under the homestead laws of the United States. sion to Oliver C. Denslow, to report it back adversely, and move its Mr. BOUTWELL. I should like to ask the Senator from Missouri indefinite postponement. A letter of the Commissioner of Pensions whether the last section of that bill does not abolish all that is con after the pn,ssage of this bill by the Honse shows that the pension templated by the whole bill 'I asked for has been granted. Mr. BOGY. No, sir. I will explain. These lands are not in legal The bill was postponed indefinitely. subdivisions; they are not subject to entry; they are merely the Mr. FERRY, of Connecticut, from the Committee on Patents, to little ~round possessions, lots of from five and not to exceed fifty whom was referred the bill (S. No. 40) for the relief of Andrew Dill a-cres rn the ancient Spanish and l\lexican village of Pima. These man, of illinois, reported adversely thereon, and the bill was post- lands a.re not a part of the public domain of the United States under poned indefinitely. , the control of the Land Office, that can be entered at private entry, He also, from the same committee, to whom was recommitted the unless they be made so by special law. They have never been pro petition of Joshua H . Butterworth, praying for an extension of his claimed to be in market and are not surveys in accordance with tho patent on improvements in bank and safe locks, asked to be dis surveys of the United States. charged from its further consideration; which was agreed to. I will state, so that there may be no misunderstanding about this He also, from the same committee, to whom was referred the peti matter, that this old town in Arizona is a very ancient Spanish set tion of J. W. Caldwell, of Lewisburgh, West Virginia, praying_such tlement. These people have been there perhaps a hundred years or enactments as will confer upon-him authority to construct a certain more. They are generally very poor people, and are in the posses kj.nd of r~ilroa-d whj.ch he clllims to have invented for the crossing sion of the same property held by their forefathers f?r many genera-
_I 848 CONGRESSIONAL RECORD. J .ANU .ARY 29, tions. They thought they were protected amply by the treaty of to the United States. It is therefore provided that the .several per Gaudalupe Hidalgo, and I presume they are by the principles of sons, their heirs, grantees, assigns, or legal representatives, who, that treaty; but nevertheless they have no title which they can when the military authorities of the United States took possession maintain in court in the event of a suit. When in possession t.hey and entered into the occupation of the lands above high-water mark cannot be dispossessed by anybody, but they cannot assert their within the present limits of the military reservation at Point San rights in court. The amount is indeed very small, and the bill is Jose, in the city of San Francisco, California, were in the bona fide only to protect them in their ancient town-lots and out-lots; and in possession of portions thereof, by themselves, their tenants, or agents, no case does the amount exceed :fifty a-cres or less than five acres. shall be compensated by the Unfted States for t.he lands, and the The whole is of very little value. improvements thereon, of which they were respectively deprived The bill was reported to the Senate without amendment, ordered when the lands and improvements were taken possession of by the to a -i;hird reading, read the third time, and passed. military authorities of the United States; which compensation shall ADJOURNMENT TILL MONDAY. be the value of the L-tnds and the value of the improvements thereon at the time when the military occupation of said lands commenced. Mr. CAMERON. Mr. President, 'I move that when the Senate The Court of Claims is directed to ascertain and determine these adjourns to-day it adjourn to meet again on Monday at twelve values, and render juugment for compensation therefor in favor of o'clock. the several persons, respectively, who were in the possession of the Mr. SHERMAN. I call for the yeas and nays on that motion. premises, or any part thereof, their heirs, grantees, assigns, or legal Mr. SARGENT. Is this in order under the call of committees f It representatives. hacl better go over until after the morning hour. It is taking up the Mr. EDMUNDS. I should like to hear the report of the committee time of the committee. · read in this matter. I think I recognize an old affair. We have 1\Ir. THURMAN. The Committee on Private Land Claims has not heard it before. · got through. ' The PRESIDENT pro tempore. There is no report. The PRESIDENT pro tempore. The Chair believes this motion has Mr. EDMUNDS. Then I should'like to hear the bill explained. been generally entertained as a privileged question, but the Chair Mr. SARGENT. With the consent of the Senator from Missouri, as ·may be mistaken. · this matter is familiar to me, I will make a brief statement of the Mr. SHERMAN. Senators who are making speeches, or wish to facts. make them, must remember that at this period of the session we can 'l'he city of San Francisco, like all recognized Mexican towns in not waste many Saturdays. the State of California and elsewhere, claimed that it was a pueblo, The PRESIDENT p1·o tempo1·e. Upon this question the yeas and a Mexican city, and as an incident thereto had a ri~ht to four square nays are requested. leagues of land. By our legislation and by the deciSion of the board The yeas a,nd nay~ were ordered ; and being taken, resulted-yeas of land commissioners and the Supreme Court, that has been recog 31, nays 23; as follows: nized in a. great many instances where certain preliminary facts YEAS-Messrs. Allison, Anthony, Bayard, Bop, Cameron, Clayton, Cooper, which existed in the case of San Francisco were ascertained. The Davis, Dennis, Dorsey, Ferry of Connecticut, .i<'Ia.nagan, Hager, Hamilton of Maryland, Hamilton of Texas; Harvey, Hitchcock, Howe, Johnston, Jones, Kelly, city of San Francisco making this claim laid it before the land com McCreery, Merrim.on, Mitchell, Norwood, Pease, Ransom, Robertson, Saulsbury, mission which was organized under an act of Congress to determine Spencer, and Thurman-31. whether Mexican land grants were valid and should be confirmed NAYS-Messrs. Alcorn, Boreman, Boutwell, Conkling. Cragin, Edmunds, Ferry, of Michlgan, Frelinghuysen, Gilbert, Ingalls, Morrill of Yermont, Morton, Oglesby, by the United States under the treaty of Guadalupe Hidalgo, or Pattersonh Pratt, Scott, Sherman, Sprague, Wadleigh, Washburn, West, Windom, whether the claims were erroneous or were fraudulent. The decision and Wrig t-23. of the board of land commissioners in this ca.se was that while the ABSENT-Messrs. Brownlow, Buckingham Cru:pent.er, Chandler, Conover, city was not entitled to four leagues it was entitled to a certain Fenton, Goldthwaite, Gordon, Hamlin, Lewis, togan, Morrill of .Maine, Sa.rgent, quantity of land, which decision embraced the lands at Point San Ramsey, Schurz, Stevenson, Stewart, Stockton, and Tipton-19. Jose, and which are referred to in this bill. So the motion was agreed' to. The PRESIDENT Pf'O ten1-p01·e. The hour of one o'clock having CREDENTIALS. arrived, it becomes the duty of the Chair to call up the unfinished Mr. THURMAN. There is another bill from the Committee on business of yesterday. Private Land Claims to be considered, and I very mnch fear that we Mr. SARGENT. On account of the time that was taken up by the may not get through with it before one o'clock. If we do not, and it calling of the yeas and nays and t.be presenting of credentials and will not be disagreeable to the Senator from New York, I will ask the in a-ccordance with the suggestion of the chairman of the committee, Senn.te to give us ten minutes more, so that that bill may be com I ask that fifteen minutes be allowed. · pleted. The Senator from Missouri will call the attention of the Mr. EDMUNDS. Ten minutes was a-sked. Senate to the bill. _ Mr. SARGENT. After the naming of ten minutes there were some Mr. BOGY. I hope we may get through by one o'clock. I wish to credentials read which took about five minutes longer, and I think it call up Senate bill No. 423. is not asking too much on a bill of this importance to give us fifteen Mr. CONKLING. Pending the taking up of that bill I ;wish to minutes. present the credentials of a Senator-elect; and! will say that I shall Mr. EDMUNDS. No; I think we ought to have two hours. not object to giving a few minutes to this committee. The PRESIDENT pro tempore. The Chair hears no objection to post The PRESIDENT p1·o tempore. The Chair will receive the creden poning the special order for fifteen minutes. Mr. FERRY, of Michigan. I want at this time to give a notice to tials. the Senator from California. The Senator from Ohio objected on Mr. CONKLING presented the credentials of Hon. FRA...~crs KER NAN, c]10sen by the Legislature of New York a Senator from that Wednesday to the extension of the time of the Post-Office CoDlDlittee State for the term beginning March 4, 1875; which were read and when I had the honor to have charge of its business. I am not dis ordered to be filed. posed to interpose any objection now, but I want to give notice that Mr. BOGY. presented the credentials of Hon. FRANCIS MARION I will insist on the practice that is now renewed since the objection CocKRELL, chosen by the Legislature of Missouri a Senator from that was raised by the Senator from Ohio. State for the term beginning March 4, 1875; which were read and Mr. SARGENT. This I say was contested by the United States before the land commission, and the decision of the land commission ordered to be filed. was that the city was entitled 1mder the treaty and under the laws LAND-S AT POINT SAN JOSE, CALIFORNIA. of Mexico to a portion of land which embraced Point San Jose. An Mr. BOGY. I ask for the consideration of Senate bill No. 423. appeal wa-s taken by the city on the w·ound that it should be enti The bill (S. No. 423) relating to the equitable and legal rights of tled to four leagues, that that amount should be confirmed, and by parties in possession of certain lands and improvements thereon in the United States on the ground that the portion which was ascer California, and to provide jurisdiction to determine those rights, was tained by tho decision to be due the city ought not to be granted; considered as in Committee of the Whole. that is to say, contesting the whole claim. Subsequently the United '.rhe preamble recites that by the act of Congress of July 1, 1870, States withdrew its appeal, leaving, so far as it was concerned, the relinquishing the right and title of the United States to the military decision of the land contmission to stand confirming these lantls and reservation at Point San Jose, except the portion thereof now held others to the city of San Francisco. The city, however, pro ecuted as such reservation, the lands thereby relinquished were restored to its claim. Ten years thereafter, when the matter was beforo the cir parties who had been misled by the action of the Government in cuit court, for the first time in the history of the proceedings evidence withdrawing its appea-l from the decree of the board of land commis was brought forward that a reservation of Point San J os6 and adja sioners of the United States confirming the title of the city of San cent lands bad been made by President Fillmore for military purpo es. Francisco to lands embracing the reservation, and were in the bona There was no advertisement or proclamation of that reservation as is fule possession thereof when the military authorities went into the required by the law of 1841, fifth volume llf Statutes, page 4:~5. No occupancy thereof; and that the persons dispossessed by the military body knew anything about it. It was discovered by hunting amoug authorities of the portion so excepted in that act had in every respect the files of the War Department, and there is no doubt but that a the same equitable claims to the lands formerly occupied by them, reservation was ordered by the President ; but the law was not com and were excluded from the relief granted by the act solely because plied with by making proclamation of it. In other words, there was the lands are required for military purposes; and that the buildings no notice given to the citizens who bad gone upon this land under and improvements erected by the former occupants of the lands within the decision of the land commission, and the United States set up no the present limits of the reservation are useful for the purposes of title to it except their original resllitance of any grant by Mexico to the Government~ and their existence has saved a considerable expense the city of San Francisco. 1875. CONGRESSIONAL RECORD. 849
1\lr. EDMUNDS. Under what title, may I ask tho Senator, dicl many of tho :Mexican claims really no legislation is necessary what these citizens enter Y ever. That is to say, if the fee had passed by a proper mode of con :Mr. SARGENT. Under the decision of the United States land com veying from the Mexican government to these citizens of 1\fexicoJ mission and the witbdr:.tw:ti of t.ho appe:tl of the United States by this Government of course never intended to divest individuals of the United States anthorites. The supreme conrt of California in their rights. We havo legislated upon all these Mexican claiiDB be two decisions decided that there was a perfect title to those lanc.ls, cause it was better for the parties that their rights should be deft- . other lands being still litigate
thm;e word.~, in the hope of impressing them on the Senate. Says the Ohio, skillful and practiced as he is, would not b e so rank and bung court, speaking of a civil magistmte, of all civil m:1gistrates from ling, however he might feel, as to make open apology for brutal VlO· the highest to the lowest, all(l the governor is the highest civil mag lence in his followers. 'l'he coarsest instinct would revolt at this istrat~ in a State: the homage which vice pays to virtue would rebel against it. He is not required to postpone his a then, :n the zeal w:~th which they keep watch and ward over that sa nance of th.e..p~lic peace on the caU of the civil magistrate. They are subject to flle cred instrument I samtl pma~ttes •.n case of neglect or refusal to appeM, as an¥ other citizen summoned by. t.he sheriff. They do not, on such occasions, act in t.herr technical character as In the spring of 1854 a man wai arrested in Boston for the crime of nnhta.ry. .When assO!llbl~d, ~hey are but part of the sheriff's posse, and act in being black. By the order of a democratic President the Army and subordination to, and m ru.d of,. that offic:er, who is the tr~e and responsible chief of Navy swarmed around the spot, and Federal bayonets were thicker all forc:e& summoned under his authority. If the soldiers act in any manner not, than tipstaffs in the court. The district attorney felt called upon to authonzed by law, they a·re amenable for such acts, not to the military but the civil law. -?"~brief, as to alL ~ights and a'l.fthorities, they stand on the same footing with the apologiZe: other ctt~z~.s summoned by the. sheriff, and · compo ing with them a posse. (Whar He desired to sa.y that the United States soldiers were here in aid of the marshal ton's C=m:1l Law, sec. 2936.) to enable him to preserve order in this court and to execute the laws and that they were summoned here as a. part of tho posse comitatus. ' Mr. CONKLING. I ask the Secretary to read also an extract from an opinion W:itten on the 27th of May, 1854, by a democratic Attcr Artillery .practice took place i?- Court Square during the trial, and ney-General m reply to a letter from a democratic Secretary of War. a.n army with banners and nodding plumes of the United :States, car The Secretary read as follows : ned a slave from the court to the wharf, and a revenue-cutter and sol The Secretary read as follows : organization. He is not even required to call the roll and so far as Whereas :my milit:u·y interference by the officers or troops of the United States this law is c_oncerned, any member might have perfor:Ued this duty with the or~:mization of a State Legislature or any of its proceedin!!S is rt~pngnant although th1s ~ould ha:re bee-n at varia?ce ~th parliamentary pro~ to the prinCiples of constitutional government; and wherea-s the military mterfor cedure. But, srr, there 1s not one word rn this law which reqnil:es of ence of General De Trobriand, of the United States Army, and soldiers under his the clerk any such dut,y a~ propounding questions. ·The e are the r:a~~:~~~~:~~~~~~:t>; ~f the Louisiana. Legislature on the 4th of January provisions which may be found. in all the other statutes upon this sub Be it resolved, cf:c.- Ject. If there be any other law, let it be produced. If not, we are Mr. SCHURZ. I would simply add that the first section of this forever precluded from urging this objection. Sir, I think I am safe preamble is taken from the President's message, and that as to the in saying there is no such law, either statutory or fundamental in section declaring unlawful the interference of General De Trobriand the State of Louisiana. ' with the organization of the Louisiana Legislature, not a single Sen The honorable Senator froin New York [Mr. CONKLqG] on yester ator, not even the Senator from New York, has undertaken to assert daycitedthecaseofthePresbyterian GeneralAssemblyfiom the Penn that it was warranted by law. I hope, therefore, it will receive the sylvania courts, the Commonwealth 1:s. Green, 4 \Vharton pao-c unanimous assent of the Senate. 351 to 606. Sir, a thorough examination of that case will sh~w that Mr. WEST. I would ask the permission of the Senator from Georgia, it. is no~ analogous, ~xcept in the remote t degreo~ to the one under if he will allow me to interrupt him a few moments- - discnss10n here. W1th all due respect for the great legal abilities of lli. GORDON. Will the Senator be kind enough to let me know the Senator from New York, I must expre ·s my surpri eat his reliance his object upon a ca e so utterly at variance in its facts with those of the or Mr. WEST. My object is, as I understand a majority of the Senate ganization of this dispersed Loni iana Legislature. are not desirous that this debate should be continued to-day, to test In Louisiana, 1\Ir. Billion, a member, moved that Mr. Wiltz be the sense of .the enate on a proposition to go into executive session. made chairman, and, ignoring the clerk, put the question and dcclarecl If it would not inconvenience the Senator from Georgia, I would it carried. In the Pre_byterian General Assembly of Penn ylvania make that motion. a mcmb~r, IT. Clevel.and, ~oved that Dr. Deman be made the tempo Mr. GORDON. It would inconvenience me. I expect to be called rary chauman, and, 1~ormg tho moderator, put the question and to New York in the early part of next week, and I prefer to say declared it carri~d . Thus far tho ~wo cases are analogon , but no what I have got to say now. · further. The pnme facts upon which hang the whole que tion of Mr. WEST. Very well; I will not offer it, then; legality not only differ in the two ca es, but are in direct conflict aml Mr. GORDON. 1\Ir. President, I am compelled to ask a hearing on utterly destroy the whole base of the Senator's argument. Now, sir, this subject once more. In my recent remarks in the Senate I did not let us see. · denounce, aa has been so roundly asserted, either the Government of the In Louisiana, the clerk who was ignored by Billieu had no lecral United States, or the present Administration or any man connected status whatever in that body save to place the names of memb~rs w ith it. I made no allusion to President Grant, none to General upon the roll. It is not pretended that there is any law, constitu Sheridan, none to recent events in Louisiana. And although in a tional or statutory, whtch required him to pre~ide and put motions representative republic I can conceive of no higher duty of a citizen and declare results. than to defend the principles of his government and its adrninist1·ation But in Pennsylvania, the moderator whom Cleveland ignored is when right, or, on the other hand, to criticise the latter when wrong, expressly made by the constitution of the church it elf and by its yet I abstained from all discussion of these, expressly stating my pur laws the proper and only organ to preside during the organization pose to do so for reasons given at the time. I rose then simply to and to put motions and declare results. One clauso of tho const.itu correct the erroneous impre sions which prevailed here and to repel tion of the church, article 2, defining the duties of moderator says assaults made upon the southern people, and to express my abiding he shall ''require the members * * * always to addre ~ the confidence that the spirit of animosity manifested in this debate was chair." In all questions he shall state "th.e object of the vote,'' and not the spirit of the northern people, soldiers or citizens. This, and "shaU then declm·e how the quest-ion is decided." In article 3 of the only this. Apprehensions, however, expressed at the time, that the · church constitution it is also pre cribed " the moderator * * * utterances of any southern man upon this floor would be misconstrued shall be chosen from year to year, * * * and shall hold the and misjudged, have been abundantly confirmed. chair until a new moderator is cbo en." But, sir, no such violent demonstrations as we have witnessed, no Here, then, the law upon which the church rests and which pre such exhibitions of prejudice and of passion, however irritating nuder scribes the office of moderator, defines his duties and the time of other circumstanees, should swerve from the discharge of duty nor holding office and declares that he a.nd he only shall preside, except in tempt an American Senator to descend from the height of this great his absence, when some one else may be called to the chair; and he argument, nor silence his confident appeals to reason v,nd to the sense and he only shall put motions and declare results. A motion there of justice of the American people. fore put and declared hy any one else was clearly illegal, revolution What are the questions which we ought legitimately to discuss ary, and void. Sir, where is the law in Louisiana or anywhere e18e without pa sion or prejudice 7 . 1·eqniring of a clerk any such duties, or conferring upon him any First. Was the recently dispersed Legislature of L ouisiana. a law such powers f It doe not exist. What becomes, then, of the Sena f ul body f tor's argument.'? In this church case cited by the Senator from New Second. Independent of the question of its legality or illegality York the chief j!lsti~e, delivering the opinion of the court, says: w as the Constitution of the United States by that dispersion broken f "When theorgamza-f.lon of the whole had proeeeded to a certain point Involved in those is a third question, to which I shall give most of by the instrumentality of the moderator of the preceding session, my time, namely, the general conditiou of the Southern States. who for that purpose was the constitutional m·gan," &c. In another As to the legality of that body, I have heard but four objections place the court declare him " the established organ," &c. In still urged: another, " he was the mechanical instntm.ent of their m·ganization, and till :First. That the clerk was prevented from propounding the ques that was accomplished they tvm·e subject t-o his 1·ule." tion and decidinrr tho result upon the election of speaker ; Now, sir, whenever th,e Senator fi·om New York or the majority of Second. That that questiop. was propounded, and tho result declared the Senate produce any such law, or any law whatever,. declaring it in the midst of gre::Lt excitement and confusion; the duty of the clerk, and none other, to preside, to put moti.ons, ancl Third. Th '\t the yeas and nays were not ordered and recorded upon declare result , then the country will a6rree that the act of .Mr. Bil the election of speaker ; and lieu in ignoring the clerk of the LouisiAna Legislature was an illegal Fourth. That after the organization, five members who did not act ; but not till then. · hold certificates of election were admitted to seats. Article 2"2 of the constitution of Louisiana declares that the House I believe I have stated the questions and the objections fully and shall choose its speaker and other officers; but how it shall choo e fairly. Now, it has been repeatedly said that it was the duty of them, whether viva 1:oce or by ballot, whether by electing a temporary this clerk to propound' the question and declare the result. When chairman, whether upon the motion of a member put by the clerk the Senator from New York [Mr. CONKLING] on yesterday announced or by the member making it, is left entirely within the discretion of that be intended to show that such wa.B the dnty of the clerk I was that body. prepared to see some other law produced than that which h~ been As to the second objection, I have only to say, that if putting a. so often qnoted. The only provisions of law so far as the duty of que tion aml declaring a result in the mid t of excitement aJHl con fusion be va.Hd, it would destroy the legality of a large number of • the ~lerk is concerned may he found in section 441 act 98, 1872, and are rn these words : Legislatures in the nited States. That it shall be the duty of the secretary of state to transmit to the clerk of t-he The third objection is tha,t the yeas and nays were not ordered bouse ?f representatives and the secretary of the sjlna.te of the last General Assem and recorded upon the election of speaker. · The honorable Senator bly a list of tho names of such persons as, a.ccordin"' to the returns shall have been from New Jersey [Mr. FRELINGHUYSEN] and the honorable Senator el~cted to either branch of t-he General Assembly;"'and it shall b~ the duty of the from Ohio [Mr. SHERMAN] have both labored long and ably to show sa1d clerk and secretary to place the names of the representatives and senators elect so furnished upon the roll of tbe house and of the senate respectively and that there was in this a palpable violation of law. There is no proof, those representa~ves a;nd senat.ors wh.ose names ar:e so placed by the clerk and Ro far as I have seen, that the call for the yea~ and nays ever. reached secretary re pectively, m accordance With the foregoma provision, and none other, the ear of the propounder of the motion. If it did not, then in point sh~ be competent to organize the bouse of representatives or senate. Nothing in of law it was really never made. But suppose the yeas and nays this act shall be construed to conflict with article 34 of the oonstitution. were called and that the call reached the ear of the mo-yer of thnt It will be perceived that the duty of the clerk by this law was to re olution, and be by a wrong decision overruled this call and arbi ascertain by his record thus made the constituent elements of the trarily refused to put. it, woul~ tha;t l:'euder illegal the organizn.tion L egislature, and not to preside and propound questions upon its of that body If so, 1t places 1t w1thm the power of any presiding 854 CONGRESSIONAL RECORD. JANUARY 29, officer of a legislative assembly, by an unparliamentary, illegnJ, or Sir, these conclusions are too logical to require argument. The unconstitutional ruling, to Blod "ett is safe in South Carolina. Now, if Mr. Blodgett is amenable Ah, sir, is it just, in view of these ter 'ble truths, which canuot bo to th% laws of Georgia, they can get him, and why do they not send disproved, to judge a people assassins and murderers because of dis forhim? · turbances inevitable to such a situation' Is it just to condemn a Jtlr. GORDON. I think the effort has been made; but I am not cer great }Jeople-and I profess to belong to a great people, and no tinge tain. I know the governor made requisition for Bullock; but he of shame has ever yet mantled my cheek because I belong to that could not be found. As to Littlefield, I learn an effort was made to people-is it just, I ask, to condemn them upon these in{!t:itable iso secure him, but he is still safe in Florida. . lated outbreaks, however wrong or bloody; upon these .fitful vents of 1\Ir. PATTERSON. I ask the Senator from Georgia if they ever pa-ssion, however extreme¥ I repeat, their provocations have been m ade a requisition on the governor of South Carolina for :Mr. Blodgett. infinite. The bla-ck race arrayed ~gainst them by self-seeking politi Mr. GORDON. Foster Blodgett did not dare to go back- cal trickster&, slandered by those who claim to represent them, placed Mr. PATTERSON. Answer my question. under the ban of a powerful Government, governed by men notori l\:1r. GORDON. If tho Senator will give me time I will tell him ously corrupt, robbed by :ld venturers supported by power, and goaded what I know about it. to ma-dness by brutal license. :Mr. PATTERSON. You cannot :mswer it. Mr. PEASE. l\:1r. President- l\:1r. GORDON. I know that there was great anxiety to get l\Ir. 1.\.fr. GORDON. l\Ir. President, the Senator from Mississippi occu Blodgett back to testify, but he has never returned t~ Georgia, and pied nearly a week pouring out the vials of his wrath upon the I think it was proposed to give him a passport ba-ck w1thout arrest; southern people. I hope I shall be allowed an hour to defend them. but I am not sure about that. · The PRESIDENT p1'0 t-empore. Does the Senator from Georgia Mr. PATTERSON. That is not the wa.y to get a criminalfrom ono yield to the 'Senatorfrom Mississjppi f State to another. If Georgia wants l\Ir. Blodgett, let them call on the Mr. GORDON. Excuse me; I would rather not. governor of South Carolina for him. The PRESIDENT pro tempore. The Senatorfrom Georgia declines l\Ir. GORDON. I did not give way for a speech. to yield, and he is entitled to the floor. l\Ir. PATTERSON. They can get him very quick. Mr. GORDON. !Mtme proceed. I have already shown by official Mr. GORDON. l\:1r. President, I simply stat~facts, so far as I know records that, sofa.r from all the murders in Louisiana being committed them. Blodgett had possession of the railroad belonging to Georgia. by white democrats, more than two-tmrus in New Or1eans were by He l·etained most of its income, which under the management of a . republican~:~ . I have further shown that wholesale pardons were Senator upon the floor and his associates now amounts as rental issued by Kellogg. Alt:lo, how much more certainly the laws were en to the sum of $300,000 per annum. Blod~ett left engines, cars, and forced in Georgia under the rule of the people, whose every conceivable track worn out, and an immense debt upon 1t, amounting, I think, with interest demands their enforcement, than under Bullock's adminis fraudulent contracts to at least half a million dollars. He left Geor- tration. These facts were adduced from official records. I wish now gia. when Bullock left it. . . to refer to the testimony of Mr. J. P. Southworth, who is the present l\Ir. SPRAGUE. I would like to ask the Senator from Georgia a special assistant attorney-~eueral of the Uniterl States in Alabama, question. to prove that a white man rn that much-abused State is as easily con The PRESIDENT p,·o tempore. Does the Senator from Georgia victed as a ncO'ro; that the law is as readily enforced as in any portion yield of the Uniteu States; and that the facts drawn from t.his high official 1\Ir. GORDON. Certainly. ~ a most respectahle republican source-utterly explode tho baseless Mr. SPRAGUE. What Senator in this Chamber is interested in fabrications or the ludicrous absurdities and phantoms with which the railroa.rl now Y our Alabama ''Titus OateB" filled his imagination. Sil', what does 1\Ir. GORDON. I would rather not answer that question. The this Federal official say t I take an extract from the telegraphic Scnn.tor knows to whom I refer. He is an honorable man, and the report : I'ent.al is regularly paid into tba State treasury. He went to .Alabama from lllinoia in 1853 that he was and had always been a But, Mr. President, the interruptions have led me from my argu r epublican, and that he had spoken during the last campaign in Selma for tho ment. Why stop to talk of Blodgett 'f What of others who are loudest r epublican State ticket. He said that ho tfiought he knew the general condition in their denunciations of the South Y \Vhat of Kellogg himself, the of the State as well as any one could; that his official and professional duties took him to all parts of it, and that there was no county in which a republican could not governor par excellence, around whom gathers all the power of the live and advocate political principles, even in an offensive manner, without Executive and of the American Senate Y He now holds place which molestation. H e thought the flectof sending troops to the State was in.iurious t-o your own committee declares wus acquired by fraud, while he de the people and the State, and there had been no timo when they were needed, or Ilouncos as murderers the people whose lawful power he usurps, and when the country woulcl not haV"e been better without th m . When asketl if negroes could YOte if troops were not stationecl there, he replied opens the prison doors and deluges society with his pardoned crinl tha.t be thought it made very little di:fferenct'l. The negroes woulu not vote any inals. What of Ludeliog, his chief justice, the man on wl.tose way if the.v were not massed by their leatlers. The negroes had no interest in shoulders hangs the ermine of the hightest judicial office in the State politics, and were simply used by men who could not remain in power but for tho of Lonisia,na f Condemned, not by democrats, but by the highest negro vot_e. judicial autho~ty known to thi.~ Government, as guilty of a gross In the face of t.hese facts what becomes of "Titus Oates," with fraud and a ureach of a sacred trust. What of Hawkins, his judge his monstrous tales of falsehood, his reports of democratic excesses of the superior district court t Indicted, not at the instance of the and intimidations, his convulsions of terror at the prospect .of his own conservatives of Louisiana, but of Ex-Governor Madison Wells, the martyrdom, and of the nece sity for a g11ard to protect him from the president of the Kellogg returning board, and a true bill found by a democrats t Charity dictates that we should attribute these stories grand jury for embezzlement. What of the returning board f Con of our "Titus" in reference to democratic manias for blood aud south demned by a republican committee of a republican Congress as guilty ern epidemics of murder to a diseased imagination or insane credu of the grossest frauds and of an outra.ge upon the rights of the voters lity rather than to atrocious jnvention. of that State. . Ah, :Mr. President, these modern Titus Oateses all over the South, Mr. President, I will not run down the list any further. Suffice it, these instigators of race-conflicts, the:se authors of our woes, have to say that this is the class from which govemors and legislaw1·s and prepared and tired their magazine filled with all the combustibles of judges and 11um~bers of Cong1·ess are manufactured to order for a de- alarm, and have discovered by its light a modern "popish plot"-" a fenseless people. · new southern rebellion." Sir, these are terrible truths; but they stand adjudicl:l.ted by the Of ~u the wild lunacies yet attriouted to the South, none is com committee of this Senate, or by the highest judicial tribunal, or by parable to this. A people utterly bankrupted by war and t he subse the logic of recorded and undisputed facts. quent ills of bad government, their Commonwealths prostrate and I n,m speaking now of the bitter provocations to which the people desolate, a people armless and powerless in the midst of four mill of all the Southern States have been subjected, in view of which all ions of recently emancipated slaves chn.ngP.d by unscrupulous trick fair-minded men will judge them. sters from friends to foes; a people sick of war and strife and panting I hold in my band an account of the destruction of the Borun family for peace and quiet, a people thus circumstanced on the eve of a new in Mississippi- his house and his children burned, hinlself murdered, l.'ebellion, and who voted ovt'rwhelmingly for Horace Greeley and and his innocent, defenseless wife outraged-! must be pardoned for have by confederate votes sent Andrew Johnson to the Senate! speaking plainly-by six negroes, and found dead after the atrocious [Laughter.] deed. This crime, so shocking, which was almost unknown to that race The first scene of this "plot" I believe was laid in Lonisia,na. until they were taught hostility to the whites, is becoming now so What does Colonel :Monow say about the new rebellion Y frequent that it would fill with frenzy the most stolid community upon earth. I not only do not believe, but I am absolutel;v- certain, that thero will not l1e at any time in Louisiana any organized or authorized re istance to the General Gilv· I have a list of such cases well authenticated; but it is useless to ernment. If the expressiollli of the people are to be believed, and I do believe produce it. Let me say, in justice to the negro, that the increasing them- frequency of these occurrences is due not so much to an in-bred bru Our virtuous Titus Oates is astounded at the credulity of this tality as to that which has been acquired by the cultivation of his officer- worst passions. Let me not be misunderstood. I do not charge, nor there is a vcr:v sincere desire to live quietly und£>r the protection of the Consti· do I believe, that even the bad men who assume to control his political tution of the United States and enjoy tho lJlessings of tho ational Government. conduct countenance such crimes. Thishoweveristrue. An ignorant But there is no disguisi.qg the fact, the protection~ aflordecl by the Federal A durin· r ace, just emancipated from slavery, daily taught hatred to the south istration to the government of the present State executive is the cause of bitter ern whites and by appeals to color prejudices made audacious and f:h~l,~~ :-~fpth~tis~t!.eeling in the breasts of nincteen·twcntietha of the white aggressive in their hostility, will not long be restrained by considera 1 tions which move an enlightened and cultured race. Now, who is Colonel Morrow! Is he also a u:hitewasher f General 1875. CONGRESSIONAL RECORD. 859 Emory !'lay h~ was selected because of his experience and the high But I am again reminded that there are those who hear me who confidence reposed in him. What does General Sherman say'f cannot understand how one who but a few years ago embraced HEADQUARTERS Ol? Tim ARMY, with every fiber of his nature and every throb of his h eart the cause Saint Louis, Missom'i, January 4, 1875. of his people and his section can now with equal earnestness plead This paper is most respectfully forwarded to the Secretary of Wer, with are ior the peace and the unity of his whole country. They do not un que ·t that be submit it for the personal perusal of the President. I know of no derstand bow once enemies, we should ever be friondR. They do not (lfficer of Colonel Morrow's rank who is bett-er qualified to speak and write of ma.t understand how those who are truest to convictions may also be truest ters like this, and his opinions are entitled to J..rreat consideration. I profess •.o have some knowledge of the people (lf that section, both white and black, from a to plighted faith. Be it so. It is not to such I speak. long re iclence among them before the war and several viRits si.nce; but I shall not Now, sir, to return to an analysis of the causes which produce t he intrude my opinion in tht:l confusion in which the subject is now enveloped. anomalous condition of affairs in some of the Southeru States. The e W. T. SHERM.A. , States are governed by those who are not only strangers to our sym Gtmeral. pathies and hostile to our interests, but who are often corrupt. ·No Is General Sherman also a '.'whitewasher." He developed a genius more corrupt governments can be found upon earth. There is, sir, for war certainly equal to any officer in the Federal .Army. Where no greater truth, no more philosophic maxim- and the statemanship is his 1:mperior¥ )3ut General Sherman belongs t.o that class of sol which ignores it is simply empirical-than that the cha1·acter of a gov diers who e courage is more conspicuous in battle than in deba.te. Gen ermnent sensibly affects the chamcte;· of the citizen. It is as natural for eral Sherman also belongs to that class of soldiers who cease to fight a good or bad government to produce a good or bad citizen by when the fight is over, and prefers the restoration of concord to un- a law of human nature, as for peculia,r soils to produce certain ending animosity. · growths by a law of creation. You may prostrate the forest. by a General Sherman indorses Colonel Morrow's report, not only from whirlwind or storm, but the same soil and climate will ·produce tho his knowledge of t.hat officer's competency and high character, but sa.me forest agn.in. So you may excite civil commotion and sweep from his own personal knowledge of the people of Louisiana from away 3, whole generation; but the same bad government will pro long residence among them. Such was the opinion of General Grant duce another generation like it. There is no interest, public or when he saw for himself. Such is the opinion of the special a si taut private, whether of property, of society, or of civilization, which gov attorney-general of the United States in Alabama. Such is the opin ernment does not at some point touch and affect. When government ion of the republican investiga.ting committee sent to Louisiana, of is pure and just and righteously administ-ered, private virtne iB Colonel Morrow, and of General William T. Sherman. Yet there aro strengthened and the citizen is elevated; bnt when government be Senators, very few I hope, who still disbelieve any reports that are comes corrupt, whenj ndicial frauds and official embezzlements becomo not stained all over with blood and rebP-llion. They did not believe common; when public theft is galvanized into respectable thrift by General Grant in 1867; they do not believe their own committee; the glitter of official station; when political integrity is banished neither would they believe though one rose from the dead. from public place, and pollution is left, wherever government makes Mr. President, is there no higher and broader plain upon which we its track, then the foundations of society give way and all its conBerv may consider this q nestion Y Are there no causes for the disturb a,tive forces are dissolved. 'fhe same condition of public affairs would ances at the South other than t.hose which lie upon the surface f produce like turbulence in any State in this Union. Givo to each Has the statesmanship of the country exhausted itself, when, deny State the government of Louisiana; a governor forced in office by ing the testimony from the high sources I have mentioned andgiYing such means, with judge and jury dependent upon his will, the high credence only to the testimony of interested partisans, it proceeds to est judicial officers impeached for fraud or embezzelment, the voice legislate upon the monstrous idea that the· southern people are mad of the people silenced by a returning board convicted of the grosse. t with an insane hatred of the black mce a,nd the still more insane frauds, intelligence and virtue repressed and ignorance and vice disregard of every consideration which moves other men f Is no ap crowned as administrators of law, offices filled '\\ith political adven peal to be made to reason and to the philosophy of human action. turers; with such corruptions and such defiance of pnulic entiment, Do the southern people differ so widely from the rest of mankind and how long would it be before we should witne s throughout thi that the laws of action which apply to others are inapplicable to bud a scene of unbridled license, a perfect saturnaHa of sin and them! They have the same instincts of self-defense; the same love shame and death. of self-government, of justice, of humanity, of peace, and of law; the But, sir, we bavo onehope left. Talleyrand said that he knew one same pride of ra.ce; the same devotion to liberty and detestation of who wn.s wiser thn.n 'Voltaire, had more understa.nding than Napo tyranny which have marked the Anglo-Saxon race and crowned it leon n,nd all ministers, and that one was PUBLIC OPDITON. with honor at every step of its progress and in every quarter of tho Sir, ther~ is a great public opinion in these United States-an globe. Sir, what does roa.son teach us T Are the southern people so American sentiment which is the hope of Louisiana and the ta,lismn.n blinded that they would seek to make an enemy of the negro, upon of the South. And in the name of Louisiana and of a common inher whose labor and good-will all their prosperity depends Are they so it:mce of self-government, I appeal from t.he bar of the Senn.te to the lost to every impulse of humanity that they should seek to destroy bar of that American sentiment. It is higher than senates, more a race to whose fidelity dnring the war, when :1ll army was in their powerful t han parties. It will not permit us longer to hold out hope micldt with freedom written upon its banners, they intrusted with to Louisiana only to doom her to death. !twill not permit us longer perfect confidence their wives, their homes, and their children-a race t.o whisper in her ear the high-sonudin-s words of self-government and which, faithful, docile, and law-abiding by nature, has only been made of constitutional law, while these words mean to hor but the pompous arrogan~, aggressive, and lawless under the tutelage of bad men in trappings which cover the dead body of a prostrate Commonwealth. their midst Y Such assumptions :tre neither sugge&ted by reason nor It will not permit us to longer hold in vassalage a large body of our supported by fact. fellow-countrymen, who arc vindicated by t heir own words n.nd a.cts "'here, then, is the source of the wide-spread discontent at the and by your republican committee, and who, when their trials and South 'I Sir, the early history of this country ought to furnish an persecutions and wrongs are known, wba.tever may have been their fl.nswer. Our fathers pleaded in justification of revolut ion the fn.ct mistakes, their follies, or their crimes, will st,and vindicatod before that the King of Great Britain had sent among them judges depend the bar of all the future, and of Him who shall judge us all, as fm ent upon his will, and swarms of men not interested in their welfare nishing an example of heroic endurance :mel of patient forbearance t.o hold the of'P.ces, to levy the taxes, to harass the people, and to eat under wrong unparalleled iu history and lustrous in despair. out their sub tance. These oppressions are no less galling to us than But, sir, there is another general tl:uth which ought not to be they were to our fathers. I t is not an answer to say that these men overlooked in discussing tho unhappy condition of those States :md are subject of the sarue Government. That was true in the case of the causes which produce it. It is this: That nothing but commo the colonists. The Senator from Indiana [Mr. MORTO .~: ] says that we tion, disorder, and blight can be the lot of any people who e rulers ought not to object; that the people of his State invite settlers from ret.a in power by arraying race ag2.in t race and labor against capitn.l. the East and from other sections, and give them offices. I presume He who protects labor a.gainst unjust laws and iniqnitous exactions the Senator waits, even if they are honest, until they secure a home· is a benefactor as well as a wise law-maker; but he who for the sake :md become domiciled, before he makes of them governors, judges, of office would poison the minds of tho ignorant negro laborer against and members of Congress. But witlJ,. all the Senator's hospitality the ln.nd-owners of the country, has the temerity to fire a magv.ziue and a.ll the hospitn.lity of India,n:t-and I join him in paying the very over which eight millions of people are sleeping. highest tribute to his people-with all her hospitality, if that State The effect of such a course with us is not only to disorganize the should receive to her confidence and her homes such men as I have labor of the South, thus destroying its prosperity, hut with this described, her folly would be equaled only by that of the man who, the market which the South hitherto furnishe!l for the products of according to &op, warmed the viper in his bosom only to receive its the East an!l the West. It. not only ma.kes financial success impos fn.n gs. . sible wit h us, but it affects the fin'n.ncial condition of the whole coun But to return. Our fathers appealed to their En