1888. CONGRESSIONAL RECORD-SENATE. 8279

During the delivexy of the above speech, on ~otion of Mr. Mc­ pany F, Eighth P ennsy1 v ania Cavalry, praying to be allowed an increase CREARY, by unanimous consent, the session was extended beyond 5 of pension; which was referred to the Committee on Pensions. o'clock and until Mr. CHIPMAN had concluded his remr.rks. Mr. TELLE R presented a petition of citizensof Gilpin County Colo­ WILLIAM R. ROGERS. rado, praying for the passage of certain amendments to the i nte~ta te ­ commerce law; which was referred to the Committee on Interstate Com- Mr. THO::UPSON, of Ohio, by unanimous consent, reported, as a mercf!. . substitute for House bill No. 511, a bill (H. R. 11362) for the relief of Mr. l\IITC ~ELL presented a petition of citizens of Columbia County, William R. Rogers; which was read a first and second time, referred to Oregon, praymg for the passage of certain amendments to the interstate­ the Committee of the Whole House on the state of the Union and with the accompanying report, ordered to be printed. ' ' commerce law; which was referred to the Committee on Interstate Com­ The bill H. R. 511 was ordered to be laid on the table. merce. And then, on motion of Mr. McCREARY (at 5 o'clock and 12 min­ REPORTS OF COIDIITTEES. utes p. m. ), the House adjourned. :hlr. DAVIS, from the Committee on Pensions, submitted a report ~ccompa~ied b_y a bill (S. 3513) granting pensions to Powell's Battal­ PRIVATE BILLS INTRODUCED AND REFERRED. IOn of M1ssour1 Mounted Volunteers; which was read twice by its title. He also, from the same committee, to whom was referred the bill Under the rule private bills of the followinO' titles were introduced (H. R. 11021) to increase the pension of Charles Hahneman, reported and referred as indicated below: o it without amendment, and submitted a report thereon. By ~Ir. ABBOTT: A bill (H. R. 11357) for the re]jef of Caroline Ur. SPOONER, from the Committee on Claims, to whom was re­ Bartley-to the Select Committee on Indian Depredation Claims. ferred the bill (H. R. 6514) for the allowance of certain claims reported B~ Mr. GEST: A bill (H. R. 11358) to correct the military record by the accounting office.~;s of the United States Treasury Department, of Lieut. Aaron G. Henry-to the Committee on Military Affairs. reported it with an amendment. By Mr. MILLIKEN: A bill (H. R. 11359) for the relief of the estate Mr. SAWYER, from the Committee on Pensions, t-o whom was of Nathaniel K . Sawyer, deceased- to the Committee on Claims. re­ ferred the bill (S. 3387) granting a pension to Charles S. Hamilton, By Mr. A.. C. THOMPSON: A bill (H. R. 11360) granting a pension reported it with an amendment, and submitted a report thereon. to R. W. Hubbard-to the Committee on Invalid Pensions. He also, from the Committee on Post-Offices and Post-Roads, to whom By Mr. YODER: A bill (H. R. 11361) to placethename ofSarah C. was referred an amendment intended to be proposed by Mr. STOCK­ De Frees on the pension-roll- to the Committee on Invalid Pensions. B RIDG~ to the general deficiency appropriation bill, reported it favo:r­ a~ly, and submitted a report thereon; and the amendment, together PETITIONS, ETC. w 1 th the report, was referred to the Committee on Appropriations, and The following petitions and papers were laid on the Clerk's desk ordered to be printed. under the rule, and referred as follows: ' Ur. TURPIE, from the Committee on Pensions, to whom were re­ By Mr. McKENNA: Resolutions of Knights of Labor, Assembly No. ferred the following bills, reported them severally without amendment, 6039, Oakland, Cal., for postal-telegraph systems-to the Committee on and submitted reports thereon: . the Post-Office and Post-Roads. ' A b~ (H. R. 3152) for the relief of Arlington :hf. Harrington; By Mr. SHAW: Papers in the case of John E. 0' Donnell- to' the A b~ll (H. R. 10210) to increase the pension of Philip Thomas; Committee on Claims. A btll (H. .R. 9148) to grant a. pension to Jane Robinson; -A b~Il (H. R. 6201) granting a pension to John Robeson; and A b1ll;{H. R. 7657) granting a pension to Mary Woodworth, widow SENATE. of Ebenezer F. Woodworth. Mr. VEST, from the Committee on Commerce, t~ whom was referred WEDNESDAY, Sep_tember 5, 1888. the bill (H. R. 11262) to authorize the construction of bridges across Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. the Kentucky River and its tributs.ries by the Richmond, Nicholasville The Journal of yesterday's proceedings was read and approved. Irvine and Beattyville Railroad Company, reported it with amend: ments. HOUSE' BILLS REFERRED. Ur. MITCHELL, from the Committee on Claims, to whom was re­ !he following bills received yesterday from the House of Represent­ ferred the petition of J. W . Parrish & Co., of St. Louis, Mo., praying atives were severally read twice by their titles and referred to the for certain relief, submitted a report thereon, accompanied by a bill Committee on the Judiciary: ' • (S: ~20 ) for the relief of Joseph W. Parrish, George C. Hadle-y, and A bill (H. R. 8344) to prevent cruelty to domestic animals· •William L. Huse, lately composing the firm of J. W. Parrish & Co., of A bill (H. R. 9268) to punish dealers and pretended dealers in' counter­ St. Louis, Mo~; which was read twice by its title. · feit money and other f1·audulent devices for using the United States • BILLS INTRODUCED. mails; Mr.. CULLOM introduced a bill (S. 3514) to remove the charge of A bill (H. ~· 101~2) to amend an act entitled "An act to make per­ ?ese~on from t?e record of William Martin; which was read twice by sons charged With crunes and offenses competent witnesses in the United Its t1tle, and, With the accompanying papers, referred to the Commit- States and Territorial courts," approved March 16 1878· tee on Military Affairs. · A bill (H. R. 10919) to make valid a deed to a ~ertain' tract of land He also introduced a bill (S. 3515) granting a pension to Lottie R. in Bibb. Count_y, Georgia, ~~de and delivered by B.rig. Gen. Davis Til­ Hunter; which was read twice by its title, and referred to the Com- son, actmg assistant commissioner of the Freedmen's Bureau to Samuel mittee on Pensions. . I. Gustin, his heirs and assigns; and ' Mr. _GORMA~ introduced a b~ (S. 351G) to further suspend the A bill (H. R. 11258) for the relief of certain persons who paid addi­ operation of section 5574 of the ReVIsed Statutes of the United States tional taxes assessed against them under the act of March 3, 1875. !itl~ LXXII, ~relation to guano islands; which was read twice by CIRCUIT-COURT POWERS. Its title, an?, with the accompanying papers,. referred to the Commit­ The PRESIDENT pro tempore laid before _the Senate the amena­ tee on Foreign Relations. ment of the House of Representatives to the bill (S. 3234) to abolish . Mr. PALMER ~by requ~t) introduced a bill (S. 3517) granting a pen­ circuit-court powers of certain district courts of the United States, and SIOn to Ja~ Snlhvan; which was read twice by its title, and, with the for other purposes. ' accompanymg papers, referred to the Committee on Pensions. . Mr. HOAR. I bave looked at the amendment of the House. It is He. also (by request) introduced a bill (S. 3518) granting a pension in su~stance an e~tirel~ new bill providing simply for a rehearing of to Elizabeth De La Hooke; which was read twice by its title andre- questions of law m cap1t.al cases. I do not suppose it is necessary to ferred to the Committee on Pensions. ' have the amendment read. I think it had better be referred to the :hir. ~LAIR_ introduced a bill (S. 3519) granting a pension to Sarah Committee on the Judiciary befme the Senate is asked to take action D. Lew1s; whlCh was read twice by its title and referred to the Com- upon it. mittee on Pensions. ' The bill with the Honse amendment was referred to the Committee l\1r. F ~~WELL introduced a joint resolution (S. R. 107) limiting on the Judiciary. · the ~rovt s1o~ of the act entitled "An act making appropriations to .proVIde for the expenses of t he government of the District of Colum­ FORT MISSOULA MILITARY ItESERV ATION. bia.," etc:, on the subject of overhead electric wires, approved July 18, The PRESIDENT pro tempore laid before the Senate a communica­ 18°8; whwh was read twice by its title, and, with the accompanying tion £:om the Secr~tary of 'Yar, transmitting a letter from the com­ papers, referred to the Committee on the District of Columbia.. mandmg offi~er of Fort 1\hssoula, Montana, and the indorsements "JU.:· SPOONER introduced a bill (S. 35'21) granting an increase of thereon, relative to the status of the title to the lands em braced within pensiOn to James Shaahan; which was read twice by its title, andre- the p::esent Ii~its o~ the_ mi~tary reservation at that point, and recom­ ferred to the Committee on Pensions. · · men~ng certamleg1Slat10n m regard thereto; which, with the accom­ panymg papers, was referred to the Committee on Military Affairs and .AMEND:U:ENTS TO GENERAL DEFICIEXCY BILL. ordered to be printed. ' . Mr. PLUMB submitted two amendments intended to be proposed by h1m to the general deficiency appropriation bill· which were referred PETITIONS AND 1\I.EMORIALS. to the Committee on Appropriations: and ordered to be printed. ·:rtrr. SPOONER presented the petition of James Shaahan, late of Com- Mr. PLATT submitt.ed an amendment intended to be proposed by 8280 CONGRESSIONAL RECORD-SENATE. SEPTE.MBER 5,

him to the general deficiency appropriation bill; which was referred to comes back from the Committee on Contingent Expenses, if they report the Committee on Appropriat~on::~, and ordered to be printed. . favorably, I shall be able to dLcuss the propriety of the investigation PROPOSED LAND OFFICE INVESTIGATION. and to show the necessity for it. I could do it now, but I would rather 1\fr. STEWART. I offer a resolution, which I ask may be read for not. information and referred to the Committee to Audit and Control, the I will say to the Senator from Missouri that I shall not regard the Contingent Expenses of the Senate. report of theCommitteeon Contingent Expenses as precluding any other The resolution was read, as follows: motion which may be made to !5end the resolution to the Committee on Public Lands when it comes back. Resolved, That a committee of fh·e members of the Senate be appointed by the Presiding Officer for the purpose of investigating- Mr. VEST. Aside from this specific case I am a little interested my­ !. ' Vhether there has been any improper use of the moneys appropriated by self to know what is the practice of the Senate and what would be tho Congress for the purpose of protecting timber on the public lands, investigating result of the report of the Committee to Audit and Control the Contin­ fraudulent claims to the public lands, or for any other purpose connected with the administration of the General Land Office. gent Expenses of the Senate. 2. ·whether any fraudulent practices, whereby the public lands are illegally The PRESIDENT pro tempm·e. The Chair will have the fourth par­ acquired, exist, and whether the same are knowingly tolerated by the Commis­ agraph of Role XXV read. sioner o f the General Land Office. 3. W hether any d iscriminations have been made by the Commissioner of the The-Chief Clerk read as follows: General Land Office, or any of his subordinates, between citizens of the United RULE XXV. States in investigating claims to the public lands or in canceling or setting aside applications to buy or enter public lands. * * * * • * * 4. 'Vhether there have been any discriminations between persons who haye A Committee fo Aud.it ::tnd Control the Contingent Expenses of the Senate, to entered upon or fenced the public lands, in the recommendations, prosecutions, consist of three Senators, to whiC'h shall be referred all resolutions directing or the removal of fences, or any other matter connected therewith, and if a ll the payment of money out of the contingent fund of the Renate, or creating a. such persons have been treated alike, or whether some have been allowed to charge upon the same. illegall~' occupy the public lands while others have been required to remove The PRESIDENT pro tempore. The rule is peremptory. · therefrom. 5. W"hether there have be.en any secret compromises between the Commis­ :M:r. VEST. I have no doubt that at some time the resolution would sioner of the General Land Office, 01·any of his subordinates, and influential per­ have to go to that committee, but my inquiry extends to another point. sons or corporations, whereby the Government of the United States has beeu I should like to know whether every resolution proposing an investiga­ defrauded and illegal claims to lands patented. - G. 'Vhether any prosecutions have been recommended by the Commissioner tion must first go to that committee and if the report of that committee of the General Land Office at the instance of persons, or theil· attorneys or is conclusive· as to the propriety of the investigation. agents, having or claiming an interest in the lands to be recovered adverse to The PRESIDENT pro temp01·e. It is not. the United States. 7. Whether the name of the United States has been improperly used on thtl Mr. STEWART. It is not. recommendation of the Commissioner of the General Land Office to prosecute l\I r. HARRIS. I suggest to the Senator from l\Iissouri that after the citizens of the United States for any improper purpose. Committee to Audit and Control the Contingent Expenses of the Sen­ 8. Whether the mode of cond-ucting the secret service in the General Land Office is fair and impartial, affording to citizens whose rights are affected there­ ate reports, then a motion to refer the resolution to the Committee on by a fair and reasonable opportunity to be heard before decisions are rendered Public Lands would be perfectly iu order, and he could test the ques­ against them, and whether settlers on the public lands are prevented from ob­ tion then as to whether it &hould go to that committee. taining pre-emptions and homesteads by secret manipulations of agents or em­ ployes of the General Land Office. The PRESIDENT pro tempore. That motion would undoubtedly 9. Whether the expenses and annoyances to settlers by the operations of the be in order under the rules. The resolution will be referred to the secret service in the General Land Office are r etarding the gro\vth and prosper- Committee to Audit and Control the Contingent Expenses of the Sen­ ity of the States and Territories where the lands are situated. . And that said committee or any subcommittee thereof shall have power to ate, if there be no objection. employ a clerk and stenographer, subpcena witnesses, send for persons and pa­ TREATY WITH CHIN A.. p ers. administer oaths, and sit during the sessions of the Senate and vacation of Congress at such places as it may deem advisable. The expenses of said com­ Ur. SHEHMAN. I submit the following resolution and ask that it mittee shall be paid out of the contingent fund of the Senate. be considered, if there be no objection: Said committee sha 1 have power to report by bill or otherwise. Resolved, That the Pre ident is requested, if not incompatible with the public The PRESIDENT pro tempore. The resolution will be referred, interests, to inform the Senate whether the recent treaty ·with China and the under the rules, to the Committee to Audit and Cpntrol the Contingent amendment-s adopted by the Senate have been ratified by the Emperor of China, Expenses of the Senate. The resolution was considered by unanimous consent, and agreed to. l\Ir. VEST. Why should the resolution go to the Committee on Con­ Mr. SHERMAN. I perhaps ought to say a word in respect to the tingent Expenses? · provisions of the r esolution. After what was said on the :floor yester- The PRESIDENT pro tempore. Because it imposes a charge upon day and the day before, it is manifestly due to the dignity of the Senate the contingent fund of the Senate, and the rule provides that in all and the good order and conduct of our affairs that we should have offi­ suc·h cnses a resolution shall be referred to that committee. cial information from the President of the United States in regard to 1\fr. VEST. Ought it not to go first to the Committee on Public the subject-matter of the Chinese treaty before proceeding further. Lands in order to ascertain and report as to the propriety of these in·­ The stateGient made yesterday does not even seem to come to us from vestigations, and then as a subsequent proceeding, as to the clause official channels. The resolution has been adopted, and I hope it will which audits the expenses, it should go to the Committee to Audit and be answered to-day. It can be answered to-day as well as in a fort­ Control the Contingent Expenses of tne Senate? night's time. I simply want to observe that if the resolution is passed it would en­ TOLLS ON GOODS EXPORTED TO CA.N A.DA. tail the expense of employing a large additional clerical force, and an · Mr. HOAR. I desire to make an inquiry of the Chair. Has any examination that would extend through months if not years. answer come to the resolution of the Senate passed a week or more ago Mr. SHERMAN. I would advise the Senator from Missouri that asking the President for corresponden.!e in regard to the observance by he may make a motion to refer it to the Committee on Public Lands, Canada of the pro viRions of the treaty of 1871 relating to tolld? but the rule requires that it shall go to the other committee some time The PRESIDENT pro tempo1·e. No answer to that resolution bas before it is acted upon. been received. Mr. VEST. I may be mistaken in -regard to the practice of the Mr. HOAR. It seems to me that from the necessity of the case it Senate, but my impression is that the first and preliminary question is is a matter which could be answered by the executive department in • as to the propriety of the investigation, and then if money is to be ex­ a single day. If no such correspondence was bad, why not state it? pended out of the contingent fund of the Senate in sending for witnesses If there be such correspondence, copies of it can be sent. I desire to and paying for the services of the employes attending the committee, call the attention of the Senate in this way, aJld of the President him­ etc., the resolution must go to the Committee to Audit and Control the self, to the reasons for a prompt answer to that request. Contingent Expenses of the Senate. That was my experience with the committee that was raised on my motion by a. resolution in regard to ARMY APPROPRIATION BILJ.-. the meat product of the United States. I was advised by the highest Mr. ALLISON submitted the following report: parliamentary authority here that it would be necessary, as to that The committee of conference on the disagreeing votes of the two Houses ou the amendments of the Senate to the bill (H. R. 10234} making appropria~ions • clause of it which expended money for the necessary expenses of the for the upport of the Army for the fiscal year ending June 30, l · 9, and for committee to be taken out of the contingent fruid, that it should go other·purposes, having met, after full and free conference have agreed to rec­ finally before that committee. But here we commit ourselves, as I ommend and do recommend to their respective Houses as follows : That the Senate recede from its amendments numbered G, 12, 18, 19, 22, 24, underRtand it, to the necessity for this examination, or these exami­ and '1:1. nations, for there seems to bA more than a dozen of them, by sending That the House recede from its disagreement to the amendments of the Sen­ simply the question ofthe payment ofthemoneyto the Committee on ate numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 13, 14, 1:>, 16, 17, 20, 21, 23, 26, 2 , 29, W, 31, and 34, and agree to the same. Contingent Expenses. . That the House recede from its disagreement to the amendment of the Sen­ Mr. STEWART. I do not so regard itat nll. All other resolutions ate numbered 11, and agree to the same with an amendment as follows : Insert proposing investigations have gone first to the Committee on Contingent after the word" charge," in line 1!1. page i> of the bill, the words" or over any of the bond-aided Pacific railroadsj" strike out in line 21, same page, the words Expenses, and the question as to the propriety of passing the resolu­ "last-named railroad,'' and insert1n lieu thereof the word •• railroads:'' and in tion comes up when the resolution is reported back from that commit­ lieu of the mattet· proposed to be inserted by said Senate amendment insert the tee. following: "And p rodcle dft,!·Lh e~ -. 'rhat the transport.ation furnished by the Quartermns­ I do not wish to occupy the time this morning, beec·mse the Senator ter's Department to officers traveling without troops shall be limited to trans• from Florida [:Mr. P .ASCO] desires to speak. When the resolution portation in kind, not including sleeping or parlor car accommodations ovu 1888. CONGRESSIONAL RECORD-SENATE. 8281

free roads, over bond-aided Pacific railroads, and by conveyance belonging to · Mr. PASCO. If the formal morning business is closed, I will take the said department." the floor and yield to the Senator from Illinois. . ~h~ tft~ ~~~~~ ~~~!:ietrr~hr! ~~:Ud~~agreement to the amendment of the s~nate The PRESIDENT pro tempore. If there be no further morning busi- numbered 25 and agree to the same with an amendment as follows: In lleu of ness, that order is closed, and the Chair lays bef~re the Senate the reso­ tbe sum proposed insert "$42,000;" and the Senate agree to the same. lntion offered by the Senator from New Hampshue [Mr. CHA.r DLER], On amendments numbered 32, 33, and 35 the committee of conference has been on which the Senator from Florida is entitled to the floor. unable to agree. w. B. ALLISON. Ur. HARRIS. The Senator from Florida said he would yield to the P. B. PLUMB. Senator from Illinois. I ask both the Senators if they will do me the Managers on the pm·t of the Senate. kindness to yield to me in order that I may dispose of a motion to re- R. W. TOWNSHEND. J h 11 t JOSEPH D. SAYE.ES, consider, with the declaration that if it takes three minutes s a no .Managers em the part of the House. ask for further indulgence. Mr. ALLISON. I move that the Senate concur in the report. Mr. P .A.SCO. I am willing to yield. Mr. PLATT. We get very little idea of the progr~s which has been CHURCH OF ST. PETER AND ST. PAUL. made by the committee of conference from the readmg of the confer- Mr. HARRIS. The bill (H. R. 1073) for the re~ef of the lwman ence report it simply referring to the amendments by numbers. I Catholic Church of St. Peter and Et. Paul at Chattanooga, Tenn., was wish the Se~ator from Iowa· would tell us in a short statement to wh~t passed by the Senate, when the Senator from Oregon [Air. MITCHELL] the conferees have agreed and to what they have not agreed. moved to reconsider the vote b:v which it was passed, because he pro- Mr. ALLISON. The amendments agreed upon are the arq,endme~t.s poses to amend the bill in one.of its verbal.ex_pressions. I shall_have in detail. The amendments not agreed on are the amendments relatmg no objection to the amendment except that 1t mvolves the necessity of to the question of public defense in respect to fortifications, etc. the bill going back to the other House, and that I do not propose t~ de­ Mr. PLATT: What is the amendment to which a further am~nd- bate. I ask that the motion of the Senator from Oregon to reconstder ment has been agreed to, relating to the Canadian Pacific road? I did be now taken up and disposed of. not catch it. . The PRESIDENT pro tempore. The Senator from Oregon [1\fr. )1r. ALLISON. There is nothing in the bill relating to the Cana.- MITCHELL] moves to reconsider the vote by which the bill (H. R. 1073) dian Pacific road. The Senate inserted a provision prohibiting the for the relief of the Roman Catholic Church of St. Peter and St. Paul Quartermaster's Department from furnis~g transportation to officers at Chattanooga, ~enn ., was passed. Is the Senate ready for the ques­ who are traveling without troops, otherw1se tJ:a.n ~y conveyance be- tion on the motion to reconsider? longing to the department. On a further exammat10n of the amend- The. motion to reconsider was agreed to. ment it was found that we ought also to exclude the land-grant roads· The PRESIDENT p1·o tempore. The vote by which the bill was or- .and the Pacific railroads, so that transportation could be furnished by dered to a third reading will also be reconsidered, if there be no ob­ the Quartermaster's department on those lines, and the necessary iection · and the bill is before the Senate and open to amendment. changes were made to accomplish _that object. . Mr. inTCHELL. I move to amend the bill, in line 14, on page 2, Ur. PLATT. I mistook the reading. I thought It was read as an by striking out the three words " between the States." item relating to the Canadian Pacific road. The PRESIDENT pro tempore. The amendment will be stated. Mr. ALLISON. It has relation only to land-grant roads and the The CHIEF CLERK. In line 14, after the word "war," it is pro- Pacific railroads. . posed to strike out the words "between the States;" so as to read: The PRESIDENT pro tempore. The question is on concurring in the - ·For stone and all other building materials taken and used during the war of report of the committee of conference. 1861, etc. The report was concurred in. . The amendment was agreed to. Mr. ALLISON. I move that the Senate agree to the request of the The amendment was ordered to be engrossed and the bill to be read House of Representatives for a further conference on the amendments a third time. · not agreed upon. The bill was read the third time, and passed. The motion was agreed to. Mr. MITCHELL. I move that the Senate request a conference with · By unanimous consent, the President pro tempore was authorized to the House of Representn.tives on the bill and amendment. appoint the conferees of the further conference on the part of th~ Sen- The motion was agreed to. . . ate, and Mr. ALLISON, Mr. PLUMB, and 1\fr. GoR~IA.N were appomted. By unanimous consent, the President p1·o tempore was anthonzed MESSAGE FROM THE HOUSE. to appoint the conferees on the part of the Senate; and Mr. MITCHELL, A messa~re from the House of Representatives, by Mr. T. 0. TOWLES, ::M:r. SPOONER, and Mr. HARRIS were ~ppointed. its Chief Clerk announced that the House had disagreed to the amend- DISTRICT ELECTRIC WIRES. ments of the Senate to the bill (H. R. 10998) making appropriations Mr. FARWELL. I now call up Order ofBnsiness 2206. for fortifications and other works of defense, for the al'Dlament thereof, The PRESIDENT pro tempm·e. Does the Senator from Florida yield for the procurement of heavy ordnance for trial and service, and for to the Senator from Illinois? other purposes, agreed to the conference asked by the Sen~te on the Mr. pASCO. I yield with the understanding that the matter will disagreeing votes of the two Houses thereon, and had appomted Mr. not lead to discussion. SAYERS, Mr. FORNEY, and Mr. BUTTERWORTH as managers at the con-, The PRESIDENT pro tempore. The resolution will be read. ference on the part of the House.. . The Chief Clerk read the resolution reported adversely by Mr. FAR- The message also ann_onn~ed tna;t t~c Honse had passe~ a btU (H. WELL, from the Committee on the District of Columbia, September 3, R.ll087) to establish a cucmtand distnctcourt at Johnson C1ty, Tenn., 1888 as follows: in which it requested the concurrence of the Senate. Res~lved That the commissioners of the District of Columbia be, and they are ENROLLED Bll.LS SIGNED. hereby, di~ected to revoke any permit granted for the erection of overhead electric wires. The message further announced that the Speaker of the H?use had signed the following enrolled bills; and they were thereupon Signed by Mr. FARWELL. I move that the resolution be indefinitely post· the President pro tempore: poned. . . . .A. bill (S. 2371) granting a pension to J acob Pitner; · The PRESIDENT pro tempore. The question IS on agreemg to the motion of the Senator from Illinois to postpone the resolution indefi­ .A. bill (S. 2716) granting a pens~on to Carl M. Schwantes;_ A bill (S. 2871) granting a pensiOn to Mrs. Sarah J. Martm; nitely. .A. bill (S. 3035) to grant a pension to William Thields; Mr. CALL. I think that is the resolution which was discussed at .A. bill (S. 3118) for the relief of Mathew 0. Regan; some length some time .ago upon the motion of the Senator from Ver­ .A. bill (S. 3178) to remove the political disabilities of William L. mont [Mr. EDMUNDS], and by a vote of the Senate the matter was re­ Bradford; and ferred to the Committee on the District of Columbia, with a decided .A. bill (S. 3364) to provide for an Americ::m register for the steamer expression of opinion on the part of Senators in favor of revoking any Saginaw, of New York. authority that had been given. Mr. F .A.RWELL. If my friend from Florida will permit the short ORDER OF BuSINESS. report to be read which is made on this subject, I think ~e will inter­ Mr. FARWELL. In pursuance of the notice I gave yesterday, I pose no further objection. I call for the reading of the report. move to take up Order of Business 2206. The PRESIDENT pro tempore. The report will be read. The PRESIDENT pro tempore. The Chair does not feel at liberty The Chief Clerk read the report submitted by Mr. FARWELL Sep­ to enteTtain that motion now, unanimous consent having been given tember 3, 1&38, as follows: - that at the close of the formal morning business the Senat.or from Florida The Committee on the District of Columbia, to whom was referred the order [Ur. PAscol should be entitled to ~ddress the Senate on the resolu- of the Senate referring letter of the <;ommission.ers of the Di~tr!ct of Columbia, tion oftbc Senator from New Hampbue [Mr. CHANDLER]. . with instructions to report a reso.luhon requestmgthe<;ornJ?=USSlOners to revoke Mr. FARWELL. It wijl take but a moment to dispose of the reso­ any permit granted for the erectiOn of O'.'erbead electnc Wires, re~ort: The Eckington and Soldiers' Home Railway Company was duly mcorpor~ted lution reported from the Committee on the District of Columbia. I by act of Congt'ess approved J nne 19, 1888. The corn pan v was duly or~amzed ask unanimous consent to call it up. under its caarter. and in good faith entered into cont_racts for the ent1re con­ The PRESIDENT pro tempore. Consent must be given by the Sen- struction and equipment of the road, contracts a.mountmg to some $53,0JO. The !l!i;t of incorporat1on authorized the use of electricity as a motive power. A per­ ator from Florida: · · mit was obtained from the District commissioners, coqtracts made for the elec-

I 8282 CONGRESSIONAL -RECORD-SENATE. SEPTE~ffiER 5, trical equipment, arid work was in progress at the time this resolution was in­ stand, reported hy the Senator from Jl..linois [Mr. FARWELL] pending troduced. After a. full investigation of the subject the committee recommend that the before the Senate relating to the wires for electric light-s. I desire to resolution herewHh reported by order of the Senat.e do not pass. ask the unanimous consent of the. Senate that that resolut,ion be re­ The testimony before the committee shows that an electrical current of 400 or committed to the Committee on the District of Columbia. My purpose 500 volts potential is not dangerous to human life. The testimony is overwhelm­ ing and conclusive on this point. The current to be used on the Eckington road in ash."ing that is this, certain companies report that they have invested a will have a. potential of about 400 'Volts. large amount of money in their enterprises; that they have expended be­ The testimony shows tiiat under-ground conductors cost about ten times as tween four and five hundred thousand dollars in an honest effort to much as overhead conductors, and that it is doubtful whether any form of con­ duit would operate successfully and satisfactorily on this unpaved street. organize the system of electric lighting; that they have spent $30, 000 About 1 mile of the road is within the city limits. It is .doubt.ful whether the in an effort to discover some means of conducting electricity under­ authorized capital stock would suffice to construct this mile of double track ground, and they desire before there is any action taken on the report with an under-ground conduit and equip the balance of the road. The route is through a section of th:e city but little improved, many squa.res by the Senate to have the committee give them a hearing, and hear being entirely destitute of buildings of any kind. All the streets, roads, and what they have to say. avenues on which the tracks .are to be laid are now without pavements. Neat It occurs to me it is nothing but common fairness that these people ornamental iron poles are to be used with a cluster of electric lights on every other pole. who have a large amount of money invested in this enterprise shall As it has been shown that there is no danger in overhead lines, that the poles have a bearing by the committee before there is any positive action on and wi1·es are but little if any obstruction on the street, that overhead lines have the part of the Senate, and for that reason I ask una.nim(lus consent that been generally adopted, and are generally successful, while conduits are u.s yet somewhat of an experiment, that the great cost of the conduit system, as well the re.<;olution be recommitted to the Committee on the District of Co­ as the unpaved condition of the streets Illil.kes it impracticable in the present case, lumbia. I presume there will be no objection to it. your committee fail to see any reason why the Senate should interfere with the The PRESIDENT pro tempot·e. The Senator from Arkansas asks construction of this road, the officers of which have been proceeding in good faith, in strict compliance with the law, and with the desire of improving the unanimous consent that the joint resolution (S. R. 105) to restrain the means and methods of transporting the public in the northeast section of the erection or maintenance of overhead electric motive power and electric­ District. light wires in the cities of Washington and Georgetown may be recom­ Your committee deem it of great interest l.o the Dist.rict that the electrical system of propelling street-caxs should have a. fair trial, as it is well known tha,t mitted to the Committee on the District of Columbia. Is there objec­ the street-car system of Wash!ngton is not up to the st::mdard of other cities of tion? The Chair hears none, and it is so ordered. equal size. Congress has reserved the right to amend and alter the charter of the Ecking­ THE LOUISIANA ELECTION. ton and Soldiers' Home Railway Company, and should the overhead electrical system after a fair t.rial prove unsatisfactory, it is then tim~ for such action on The Senate resumed the consideration of the resolution submitted the part of Congress as is contemplated by the resolution. by Mr. CHANDLER July 19, 1888, in reference to the election held in The testimony taken by the committee is herewith appended. Louisiana April17, 1888. , Mr. FARWELL. I do not care to have the testimony read. The l\fr. BLAIR. Before the Senator from Florida proceeds, he will per­ report of the committee is a unanimous one. I ask for a vote on my mit me to say that my colleague [Mr. CHANDLER], the author of thiS motion that the resolution be indefinitely postponed. resolution, and to whom I have some reason to suppose the Senator The PRESIDENT p1·o tempo1·e. The Senator from illinois moves may have occasion to ad~ert in the course of his remarks, is necessa­ that the resolution reported by the committee be, in accordance with its rily absent from the city, and will not be here until the first of ne•t re~ommendation, . indefi.nitely postponed. week. The Senator from Florida has kindly postponed his speech sev­ Mr. CALL. I do not think this matter ought to be pressed in the eral times, and I do not feel that I have a right to ask him to do so any absence of the Senator from Vermont [Mr. EDMUNDS]. I suggest that longer. I simply desire that it may appear of record that ni.y col­ the resolution be allowed to stand until his return. For myself I league is absent. should make no objection to the passage ofthe resolution. Mr. PASCO. I was about to preface my remarks with the state­ Mr. HARI·US. If the Senator from Florida will allow me, I will ment that I had not desired to proceed in the absence of the junior state that I am informed the Senator from Vermont will be absent for Senator from New Hampshire [.Mr. CHANDLER], but learning that his about a week. Under the provision in the District appropriation bill absence will continue some time longer~ and learning also from his col­ jf this work is not done before the 15th of September it can not be done league [Mr. BLAIR] that he does not desire that it should be post­ at all, and the delay asked by the Senator from Florida is simply the poned longer in consequence of the absence of the junior Senator as far defeat of the particular parties interested in that enterprise. as speeches being made upon the resolution are concerned, and also in Mr. CALL. I shall not make any further opposition to it. I am view of the fact that he will have abundant opportunity to reply to sensible of the fact that the city of Washington is one of the most cor­ anything I may say after his return, I have decided not to postpone poration-ridden communities in the world, and many acts of incorpora­ further the remarks which I propose to submit. tion are heedlessly passed, in my opinion. The fact that certain parties Mr. BLAIR. I do not like to be understood as saying that I did not may lose their contracts ought not to be considered in a matter of this desire a further postponement, but I think it would be taxing the ceur­ kind where the nnblic interest is concerned. But as the act of incor­ tesy of the Senator from Florida to ask it. poration in this ease contains a provision reserving the power on the :M:r. PASCO. I will put it upon that ground, then. part of Congress to alter and amend it, I shall make no further opposi­ The PRESIDEN1' pro tempore. The Senator from Florida. is entitled tion to the indefinite postponement of the resolution. to the floor. Mr. VET. Mr. President-- Mr. PASCO. Mr. President, the undigested miscellaneous matter . Mr. . f ASCO. If this matter is to lead to discussion I shall ask that collected by the junior Senator from New Hampshire, or under his su­ it be postponed until after I conclude my remarks. pervision, does more credit to hls industry than to his judgment. He The PRESIDENT pro tempore. The Senator from Florida has a right seems to be desirous of emulating the zeal anil energy of his colleague, to call for the regular order. but there is this difference between them: The senior Senator has often Mr. VEST. ! .have no extended remarks to make. I simply wish exerted himself to benefit the people of the South, to extend the ad­ to prefer a -req_u.est that this matter shall go over nntil to-mo:rrow. I vantages of education, to unite them in efforts for the improvement of have some papers bearing upon it, which I left at my residence this the condition of the ignorant and the advancement of the colored race morning, and I want to refer to them, and I want to examine the re­ to a higher and better intellectual and .moral condition; the j nnior Sen­ port of the committee and the evidence, which I have not had time to ator strives to kindle anew the smoldering embers of the past, to revive do. I ask to have the resolution go over until to-morrow morning. the bitterness and ill-will that is fast fading into forgetfulness, and to :Mr. FARWELL. Will my friend call it up then? I may not be create fresh antagonisms between the people of different races in the here. South, who are for the most part living together in friendly and peace­ Mr. VEST, I have not the slightest o~ie'hion; but I suppose the ful re1ations. Senator ftom Tennessee [Mr. HARRISJ will take that task upon him­ No lover of his country can srncerely desire to see the Southern States self. If he is absent and the Senator from illinois also, I will pledge remanded to the condition which followed the second reconstruction. the Senator from Illinois to call it up. It is the darkest chapter in the history of the country. States were Mr. HOAR. Let it b~ agreed that it be the first business to-mor­ robbed by political adventurers and burdens placed upon the industry row. of the people which will be felt for generations. ill-will and bitter­ Mr. FARWELL. I have no objection to that course. ness and prejudice were stirred up for selfish and partisan purposes be­ The PRESIDENT pro tmnpo1·e. The Senator from Illinois asks _tween the white and black people. Men who bad no residence or in­ unanimous consent that the consideration of this resolution be re­ terest in these unfortunate States aspired to and reached the highest sumed to-morrow mornin!Z at the conclusion of the routine business. positions of honor and trust and impudently pretended to represent the Is there objection? - peciple. The black man was induced by flattery and deception to band Mr. TELLER. I suppose that will be with the understanding that against his old friends, and the social and business relations. of society it shall noi) interfere with the bill we have under consideration. were disturbed and overthrown. Elections were carried without l'e­ Ur. HARRIS. The bill will not come up until 2 o'clock under the gard to the votes that were cast. Crime went unpunished; and the rules anyway. condition of the Southern States became so deplorable that it at last The PH.ESIDENT pro tempore. Is there objection to the request? roused the slumbering indifference of the people of the North. The Chair bears none, and it is so ordered. · To give some idea of the condition of things in the State which I have !1r. PASCO. Mr. President-- the honor in part to represent during the period referred to, I submit Mr. JONES, of A~kansas. There is another resolution, as I under- a recent letter written by Harrison Reed, the first governor under the I

1888. CONGRESSIONAL RECORD-SENATE. 8283

reconstruction acm of Congress," to the editor of a new Republican paper increase of crime and an epidemic of bate and violence. It is credit­ published at Tallahassee by a colored man. able to both raees who live in the South that this bas not been the case :Ur. Reed bas always been a Re~ublican of the straightest sect, and in this instance, and that the percentage of crime among us will com­ was in a position to kuow the truth as to the unfavorable statemenm pare favorably with that of other sections of our common country that he makes with reference to his party friends who elevated him to office. have not had like difficulties to contend with, when all the facts and This letter appeared in the Times-Union, the leading daily paper in circumstances are taken into consideration. our State, published at Jacksonville, in im issue of June 19, 1888. But there is a large class of people at the North who are displeased SOUTH JACKSONVILLE, June 8,1888. because our States have ceased to give Republican majorities. They Editor Stale Capital: do not realize how odious the Republican party became in the South SIR: I am under obligation for the courtesy of a copy of your initial number, because of the misgovernment of our States by those who wore its liv­ the receipt of which brings back the past in vivid review, and recalls acha.pter ery, and they give credence to every slander and misrepresentation that of political experience which, for the honor of mankind, I would be glad never to have opened, but which confirms the doctrine of human depravity to a degree is uttered with reference to our condition. A.nd when some wrong act­ si-ckening to the philanthropist, and causing him to bow to the Almighty whose· ually occurs and some crime is committed it is heralded abroad, not as power compels even the "wrath of man to praise him." . . affecting simply the community or locality where it happens, but as an When I first visited your beautiful city the State, desolated by the war, lay prostrate in the hands of the soldiery, and all classes were looking with anxious index of a state of things existing universally all over the Southern longing for the restoration of constitutional government. · The old slavehold­ country. · ing aristocracy which bad forced the war to maintain its supremacy; the masses In the days when the carpet-bag element ruled the Southern States who had gallantly sustained the decree of their political lords and fought for a . cause which, if successful, was to degrade their own manhood and establish sla-­ election frauds were common. I can speak from my own personal very and aristocracy in place of freedom and democracy; the negro who had knowledge as to one State. It is doubtful if any fuir election took place never before po sessed his own manhood; the camp-followers. army bummers, in Florida from 1868 to 1876. I could fill a volume with well authen­ and military adventurers, hunting for place and plunder; the loyal, patriotic citizen who honored the nation and labored for law, order, peace, and good gov­ ticated details if I had time. Force and fraud, repeating and ballot­ ernment, all these heterogeneous and antagonistic elements were t~ be harmon­ box stuffing, suppression of returns and miscounting of votes were the ized under a civil government guarantying freedom and equal rights. No order of the day. I propose to give one memorable instance of this fur­ master, no slave. no legalized aristocracy or subservient democracy, no class dis­ tinctions, but all subject to a. common law. ther on. My information and investigations have convinced me that In the wake of the FederalA.rmycametheFreedmen's Bureau, a grand phil­ these crimes wer~ot confined to Florida. anthropic conception of the paternal Government, well designed to protect the After such an experience it is quite probable that offenses of a simi­ emancipated slave and educate him in his new responsibilities, but in the hands of unprincipled military adventurers perverted to personal, political, and mer­ lar nature have been committed here and there since those days by cenary purposes, and thus made a curse rather than a blessing, and finally Democrats. But there is no basis for the wholesale charges that are through fraud and corruption demoralizing the freedmen and debauching them made against the entire South because ~rongs have sometimes been to the vilest ends of personal gratification and aggrandizement. So the" carpet-bagg-er" became a synonym of disgrace for the Northern im­ committed. If newspaper reports were accepted as true with regard to migrant as significant and odious as that of" abolitionist" had been in the days elections at the North as they are with regard to those at the South, we of slavery. Free negroes from the North, educat-ed in deception and adepts in might readily believe that our entire system of government had failed. the less reputable characteristics of low demagogues, came in to assist the white "carpet-baggers" and take charge of the churches, schools, and moral and po­ But I ~ave no d6IDre to make any attacks upon other States on sectional litical interests of the colored race. These black saints traded upon the igno­ lines. I simply stand upon a fair defense of my own State and section. rance, superstition, and credulity of the freedmen, and bartered their souls for We listened recently for two days to the Senator from New Hamp­ gain. And yet under all tho o.dlverse circumstances there bas been a steady ad vance shire [Mr. CHANDLER], who bas placP...Al upon the record extracts from in the civilization and education of your race, and nothing gives a. better index newspapers containing accounts of murder, riot, arson, and election of this progress than the establishment of newspapers lJy colored men now frauds alleged to have occurred in different parts of the South during a qualified for tho editorial and mechanical management. It is a wonderful contrast, the well-fed, well-dressed, intelligent communities series of years-some of them in my own State. He bas read letters of freedmen, with the former squalid assemblages hanging upon the instructions from pa11iies whose names are not given, and so far as the Senate is con­ and awaiting the beck of political demagogues and low adventurers who" stole cerned anonymous, editorials from partisan sheets, and other matter of the livery of heaven to erve the devil in.'' I congratulate you on your Capita}.. and assure you that I have lost nothing of a similar nature with the,avowed purpose of instituting an investiga­ my interest in the advancement and prosperity of your race and the material tion into the late election in Louisiana and questioning the right of development ot that 1·iclt and most beautiful section of the State, in behalf of the newlv-elected Senators to their seats. whose interest I sacrificed years of earnest effort and endured the injustice of treacherous allies and unscrupulous political foes. I wish you and your Capi­ If the investigation were really desired, it would seem to be be-.com­ tal great snccess in advocating the principles of freedom and equal rights, and ing to reserve the details till they were actually a.s<'.ertained by legal in promotin .~ lbe moral aud material progress of the freedmen and their pros­ evidence. There is no need of haste, for one of these Senators will not perity. In the bonds of true Democracy and Republican equality, I remain, Very truly and respectfully, have to apply for his seat till 1889, the other till 1891. It is unfair HARRISON REED. and unjust to prejudge the hearing by ex parte and anonymous state­ One by one these States threw off the yoke, the governm'3nts estab­ ments. It can have no other object than to supply campaign mate­ lished by these adventurers in the name of the Republican party fell rial for the Republican party in the present campaign without regard to pieces, and the Democratic part.y came into power from Virginia to to its truth or falsity. It recalls the letter which was sent in 1874 by Texas. The political clu1.nge was followed by prosperity and peace, Thomas J. Brady to the editor of the Union, Rensselaer, Ind.: ana no man can shut his eyes to the fact that the advance and progress RooMS o.P THE STATE CE~\'TRAL CoMMITTEE, that have been made in the southern part of our country during the Indianapolis, September 3, 1874. DEAR Sm: I desire to call your attention to the horrible scenes of violence ele\en and a half years since the last of the Southern States came un­ and bloodshed transpiring through the South, and suggest that you give them der Democratic rule is without a parallel in that section. as great prominence as possible in your paper from this time till after the elec­ A few :figures with reference to Florida will illustrate this. tion. THOl\IA.S. J. BRADY, The assessment of property for taxation in Florida was, in 1876, Chairntan. $:!9,688,337; in 1887, $84,860,564. The number of miles of railroad EDITOR OF UNION, in operation was, in 1876, about 500; in 18 7, ~. 111. The number of Rensselaer, Indiana,. schools was, iu 1876, 676; in 1887, 2,103. The money expended for The Senator has seen fit to trace all the crimes in his catalogue to their support was, iu 1876, $158,846.36; in 1887, $449,299.15. political causes without a shadow of evidence or a word of proof, and But the uphea\'al of society caused by the war aud its results, and in this way an indictment is drawn against,the Democratic party in the social and political revolution which was brought about by the the entire South and against every Southern State under a Democratic second reconstruction and the carpet-bag ~overnments which were es­ administration, charging them with wholesale crimes against the elect­ tablished in the various reConstructed States under it, left behind them ive franchise. disturbed and irritating conditions, aud 1hose upon whom the burdens An equally effective indictment might be prepared against theNorth­ of government were placed found themselves confronted with social ern States by any industrious man with a pair of scissors and a pot of and political questions which required the greatest wisdom and pru­ paste and the files of the Police Gazette and such like repositories of dence to solve. It ought to be a._source of congratulation to right­ sensational literature. Murder and arson and robbery and crimes thinking men of all pru·ties that so few mistakes were made, that there against the elective franchise are not sectional. Af3 long as human bas been so much material progress, that kindlier relations were so nature continues unchanged, weakness and passion and lust will be the soon established between the white and black people, and that the fruitful sources of crime. capitalists and business men of the North having confidence in the Add a partisan bias and connect a party purpose to each case in the new governments were willing to invest their money with us and aid catalogue and an unscrupulous campaign worker might make a strong in the development of what they were pleased to term "the New prima facie case against the peaceful aud l::).w-abiding people of Northern South." communities as has been done against the Southern people. If we bad been endowed with the wisdom of serpents and the harm­ No such condition of things erism throughout the Southern country lessness of doves and the patience of sai.nm perfect peace and tranquil­ as one would naturally believe after reading the partisan scrap-book lity might have followed. But our people were men with like passions industriously prepared by the junior Senator from New Hampshire and and impulses that influence and control human beings elsewhere. worked into his recent speech. There were, as I have already said, disturbing and irritating conditions The proposed investigation can not be completed before tbe election, still in existence, and here and there they have borne fruit. It would and in the mean time what he has said goes before the country for the have been in accordance with the history of mankind in other times use of stump orators, partisan newspaper editors, and campaign mana­ and in other countries under similar conditions if there had been a large gers, with an apparent authentkity, because it appears in the proceed• 8284 CONGRESSIONAL RECORD-SENATE. SEPTE~ffiER 5, ings of the Senate and goes out through the mails under the franks of· la rgely to th~ Democ~tic maj?rit:y: on Sta~e a.nd local issues. Republicans from Senators. every State m the Umon settlmg m Flonda find themselves confronted with a. probl~m that can have bu~ one solution. •The R epublican party of the North is It is a good enough story till after the election and then all interest only 1n name the-Repubbcan party of the South. Its elements vary as widely in the investigation on the part of the Senator who is urging it on will as the poles. The national issue that divides them is the same. The State issue is entirely and radically different. '£he thousands of Republicans wbohave set­ probably cease. . tled in Florida during the past fifteen years find that if they would be true to Statements of this kind are made so often and so recklessly by Re­ the vital principles of their own party they must on State and local is ues cast publican partisans that it is actually believed by many people at the tbeir fortunes with the dominant pa_ty. 'l'o do otherwise is to stultify their own professions and make a mockery of their own creed. North, who have not the disposition or the energy to investigate for Viewing with clear eyes and unclouded reason the progresa of the State under themselves, that honest elections are unknown throughout the South, Democratic rule, they find that it has been the most rapid of any State in the that it is dangerous to advocate the principles of the Republican party l:!nion, and that this rule has been wise, beneficent, and just. '£he administra­ twn of George F. Drew, who was elected governor of Florida in 1876, by an out­ there, and unsafe to vote the Republic..'tn ticket on election days, and burst of patriotism that ignored party lines, was the fir t step in the long suc­ that the votes of Republicans when casb are not fairly counted, but are cession of prosperity, added to by the administrations of Bloxham and PeTry systematically and willfully miscounted or suppressed. -which has madeFloridaoneofthemodelStatesoftbe Republic. Under Demo~ cratic rule Florida has more than doubled in population, bas only a nominal A distinguished citizen of Florida, who came to our State in 1871 n.nd State debt, low taxes, a splendid school system and almost perfect security to formtrly held a prominent position in the Republican party and ·filled life and property. Its record for good is unsurpassed, its promise of the future successfully the office of postmaster at Jacksonville, one of the most is unapproachable. , . So far as Florida is concerned in our local election, the only principle at stake responsible positions in the .State, while his party had control of the 1s that of good government. This is patent to every thinking, patriotic citizen national administration, is now editing a weekly paper at Eustis, one and has given to the Democratic party in all local contests a. splendid, loyal con~ of our flourishing towns, settled very largely by people from the North. tin gent from those who in national politics are Republican to the core, but who realize in local politics the interests of good government are best subserved by A few months ago he received a letter trom a former Northern friend the dominance of Democracy. who bad accepted as true the ofli-repeated stories of force and fraud in Never beiore as now was good government so necessary to the continued Southern elections and blamed him for upholding such practices. Mr. progress and prosperity of the State. To retrograde would be fatal. Patriotism sees this and is prepared to meet the issue. Our own course is plain. In the Hamilton Jay, the gentleman I refer to, in replying to the letter sets coming contest the Lake Region will play no neutral part. Its course will be forth his opportunities for gaining correct information as to the condi­ outspoken, fair, and patriotic. It will be the earnest champion of the princi­ tion of affairs in Florida and gives a fair statement ot: the record of our ples of good government, and support such measures as are best to enhance the best interests of the State. ·with malice toward none and charity for all, pan­ people on this question, and I submit his reply as published in his dering to no prejudice and ignoring no virtue, we shall candidly and fearlessly paper, hoping that, as it comes from a former Republican, it will re­ advocate that wise patriotism and conservative progress that has made Florida cei\·e attention among the old party associates of Mr. Jay, who will a marvel among the States. We ca.n only judge the future by the past, and thus judging we must in common with a very large majority of our fellow-citi­ perhaps give it greater credit tbau if it came from one who was identi­ zens believe that the continued ascendency of the Democratic party in Florida fied with the South prior to and during the late war. At this point I is essential to the best and truest interests of the State. nsk the Secretary to read what I send to the desk. Perhaps it may not be out of place before I leave this branch of the The PRESIDENT pro tempore. The Secretary will read, if there be eubject to call the attention of Senators to charges made against the uo objection. South in 1874 in many respects similar to the present. A clamor was / The Secretary read as follows: raised against Louisiana, and acts of violence and intimidation to de­ DIDIOCRATIC FRAUD. prive citizens of the freedom of the ballot because of their political A valued correspondent at the West, in renewing his subscription to the Lake opinions were alleged against her Democratic people. It was charged Region has this to sa.y: "I like your paper with the exception of upholding that a like condition of affairs existed in other Southern States. It was Democratic fraud in the South." 1 propose to drop the editorial "we" and answer this letter p ersonally. I am in the days when the bayonet was regarded as a legitimate addition to n. Northern ma.n by birth and education, and came to Florida. in 1871. For nearly ordinary constitutional methods of government, and a Republican mi­ ten years I was prominently identified with the Republican party in Florida nority was being maintained in power in Louisiana by the persuasive I.Jolh in a journalistic and official capacity. In the nationa.l election of 1876 I had charge of the United States soldiers at the polls in .Jefferson County, and during influences of the United States Army. To use the mild language of the work of the returning board at Tallahassee I was editor of the Daily Union, those times, the Kellogg government ·was ''recognized'' by the Presi­ n. stalwart Republican newspaper, then published a.t .Jacksonville. In April, dent. 1 17, I was appointed postmaster of .JacksonviJJe. In 1880 I became profoundly convinced that the Republican party as then con­ The matter wa-s laid before the Forty-third Congress, when it con­ stituted (and it is now composed of the same elements) was not the party to vened at its second session, in the President's message. It was consid­ which the interests of the State could be properly committed. It was ignorant, ered of sufficient importance by the House for the appointment of a 1·a pacious, and unpatriotic, based entirely on the spoils doctrine, and utterly lacking in the nobler principles of political honor. For holding those opinions special committee of seven members, to whom this part of the message and refusing to sacrifice my self-respect at the demand of party leaders I was relating to the condition of the Southern States was referred. The com­ removed from office by the professional politician who masqueraded as Presi­ mittee made a partial repOl't January 15, 1875, which, I understand, dent after the death of Garfield at the instance of another professional politician who was t}len misrepresenting Florida. in the United States Congress. I was was unanimous, and I call attention to the following extracts from H r.emoved against the protest of ninety business houses of .Jacksonville. (Forty-third Congress, second session, Report No. 101, pages 2, 5-8): 1 state these facts not from any spirit of vain-gloriousness, but simply to show that I am fully competent to speak upon the subject alluded to by my correspond­ Without now referring to other instances, we are constrained to declare tho.~ ent. Of coqrse I only speak for Florida, and I state most solemnly and truth­ the action of the :returning- board. on the whole, was o.rbitrary, unjust, and, in fully that I have never seen a negro intimidated by a. Southern white man in our opinion, illeg-al; and that this a1·bitrary, unjust, and illegal action alone his exercise of the election franchise. On the contrary, I have on mora than pr..evented the return by the board of a. majority of Conservative members of the one occasion seen Southern white Democrats go with negroes who hesitated to lower house. approach the polls, and stand by their side while they voted the ticket they de­ Upon the general subject of the state of affairs in the South, and as to whether sired to vote, the Republican ticket. the alleged wrongs to colored citizens for political offen cs are real, or wen In Florida every man votes as he chooses, without let or hinderance. 1\Iost asserted without due foundation, your committee took such proof as the oppot" of them vote Democratic, because they find under a Democratic government tunity offered. honesty, intelligence, and a wise and patriotic administration of affairs. The patience and forbearance of the Southern white people during the trying As a whole, they are constrained to say that the intention charged is not born~ times from 1868 to 1876 can not be too highly commended. 1 have known two out by the facts before us,' Nogeneralintimidation of Republican voters was es­ cases of "Southern fraud" to be tried in the United State!'! courts in Florida . tablished; no colored man was produced who had been Uueatened or assaulteci: In one, "Yellow Bluff," Republicans were tried and acquitted; the other," Bre­ by any Conservative because of political opinion, or discharged from employ­ vard County," where the Democratic candidate for Congress was acquitted, ment or refused employment. Of all those who testified to intimidat.ion theN~~ and the Republican county clerk was convicted. In both cases the courts was hardly any one who of his own knowledge could specify a reliable instanca were entirely in the hands of Republican officials. of such acts, and of the white men who were produced to testify generally o~:. The Eustis Lake p,egion will never uphold "Southern fraud" or any other such subjects, very nearly all, if not every single one, was the holder of an office. fraud while I have editorial management of it, nor will it ever fail to render Throughout the rural districts of the State then umber of w bite Republicans are equal and exact justice to every man, white or black, Democrat-or Republican; very few; it hardly extends beyond those holding office and those connected nor will it hesitate for one moment to expose fraud and injustice wherever with them. No witness, we believe, succeeded in naming, in any parish, five found, a.nd no matter where it may hit. Republicans who supported the Kello2"g government who were not themselves I am no office-seeker, have no ax to g-rind, and only write this article because office-holders or related to office-holders o1· those having official employment. I feel it my bounden duty never to let an unjust attack upon my adopted State • * • "' • • go forth unchallenged. · On the other hand, it was in evidence that blacks who sought to net with the HAMILTON .JAY. Conservative party were on their part sometimes exposed to enmity and abuse In the interior one colored mail was shot for making a Conservative speech, Ur. PASCO. I add, too, a recent editorial from the Lake Region, and in New Orleans it appeared from the testimony that colored men who Mr. Jay's newspaper, in which he gives a fair description of the polit­ sought to co-operate with the Coneervatives were subject to so much abu e from ical condition of the State since it came under Democratic control; the police and otherwise that an association of lawyers volunteered to protect them, but with little effect. and it states sound reasons why conservative people oppose a return '£he general condition of affairs in the State of Louisiana seems to be as fol­ of the RepubJican party to power in this as well as the other misgov­ lows: The con•iction has been general among the whites since 1872 that the erned States of the Eouth. And I allege, without fear of successful Kellogg government was an usurpation. This conv:_iction among them has been strengthened by the acts of the Kellogg Legislature abolishing existing contradiction, that the bad record of the past, and not the suppression courts and judges and substituting others presided over by judges appointed by or fraudulent alteration of votes, is the insurmountable barrier which Kellogg, having extraordinary a.nd exclusive jurisdiction over political ques­ stands in the way ofthe so-called Republican par~y of the South and tions; by changes in the laws centralizing in the governor every form of polit­ ical control, including the supervision of the elections; by continuing there­ prevents its return to power. turning board, with absolute power over the returns of elections; by the ex­ Here is the editorial: traordinary provi5ions enacted for the trial of titles and claims to office; by the Florida is a Democratic State, most emphatically so. It will remain Demo­ conversion of the police force, maintained at the expense of the city of New cratic so long- as part.y lines are drawn as close as now. All talk of carrying it Orleans, into an armed brigade of State militia. subject to the command of the for the Republican ticket rn the coming State contest is sheer nonsense. It can ~overnor; by the creation in some places of monopolies in markets, gas-mak­ not be done-. The Northern element recently citizenized in this State adds tng, water-works, and ferries, clearung; vaults a.nd removing filth. and doW& I

1888. CONGRESSIONAL RECORD- SENATE.

work as wharfingers; by the abolition of courts with elective judges and the united with the other Republican members in the second resolution. I substitution of other courts with judges appointed by Kellogg, in evasion of the constitution-of the State; by enactments punishing criminally all persons who quote freely from this majority report, and it ought to have weight from attempted to fill official positions unless returned by the returning board; by the hi,ghstandingof the Representatives who united in it and the 1act unlimited appropriations for the payment of.militia expenses and for the pay­ that they were equally divided politically, so that it may be regarded ment of legislative warrants, vouchers, and checks, issued during the years 1870 and 1872; by laws declaring that no persons in arrears for taxes after default as non-partisan. published 'shall bring any suit in any court of the State or be allowed to be a Third. Eighteen hundred and seventy-four was a year of political change, in witness in his own behalf-measures which, when coupled with the extraordi­ which the vote throughout all the States was seriously affected against theRe­ nary burdens of taxation, have served to vest, in the language of Governor publican party; a change resulting largely from the financial distress of the Kellogg's counsel, "a degree of power in the governor of a State scarcely ex­ people, and which should therefore natw·ally have been even greater in Loui­ ercised by any sovereign in the world." siana than elsewhere. With this conviction is a general want of confidence in the integrity of the Fourth. It became the interest of the Conservatives, at least at the late elec­ existing State and local officials-a want of confidence equally in their purposes tion, not to intimidate but to acquire by every fair means the colored vote.• and in their personnel-which is accompanied by the paralyzation of business .Parties who were alleged to have threatened blacks even with refusal of em­ and destruction of values. The most hopeful witness produced by the Kellogg ployment were subject to prompt arrest. It was known that pretexts would party, while he declared that business was in a sounder condition than ever be­ be sought to deprive the Conservatives of the result if they prevailed in the fore, because there was less credit, has since declared that "there was no pros­ election. It was therefore their interest to avoid giving any such pretexts. Ac­ perity." The securities of the State have fallen in two years from 70or 80 to 25; cordingly, they determined everywhere to co-operate with and conciliate the. of the city ofNewOrleans, from80or90to 30or40, while the fall in bank shares, blacks. They voted down the propositions or suggestions which w ere made railway shares, city, and other CQrporate companies have in a degree corre­ in the early part of the campaign for the r efusal to employ those colored voters sponded. Throughout the rurar districts of the State the negroes, reared in who would not co-operate with them, and generally sought, by combining with habits of reliance upon their masters for support and in a community in which colored voters, to carry the election. the members are always ready to divide the necessaries of life with each other, Local combinations against the Kellogg candidates were made in many par­ not regarding such action as very evil, and having immunity from punishment ishes by men of all parties and colors. In several parishes au nion ticket of col­ from the nature of the local officials, had come to filching and stealing fruit, ored conservative votes was voted for and elected. An intelligent colored wit­ vegetables, and poultry, so generally-as Bishop Wilmarth stated without con­ ness testified that he "desired better government," and to that end "was willing tradiction trom any source-that the raising of these articles had to be entirely to swallow the white men if the w bite men would swallow the colored.'' These abandoned, to the ~eat distress of the white people, while within the parishes, causes and feelings naturally united to swell the conservative vote in such lo­ as well as in New Orleans, the taxation bad been carried almost literally to the calities exactly as indicated by the returns. extent of confiscation. In New Orleans the assessors are paid a commission for Fifth. The entire want of any direct evidence to show any general intimida­ the amount assessed, and houses and stores are to be had there for the taxes. tion of the colored voters. In Natchitoches the taxation reached about 8 per cent. of the assessed value Of course, in so large a State, it would be impossible there should be no in­ on the property. In many parishes all the white Republicans and all the of­ stances of refusal to employ nor of intimidation. Such occur in every State. fice-holders belong to a single family. There are five of the Greens in office in But the evidence certainly indicates no general intimidation of colored voters, Lincoln; there are seven of the Boults in office in Natchitoches. As the peo­ and that such intimida.tion as did exist in the State was rather in the interest ple saw taxation increase and prosperity diminish-as they grew poor while of the Republicans than of the conservatives. The United States marshals, officials grew rich-they became naturally sore. That t-hey love their rulers whose chief was chairman of the Republican State committee, armed in some can not be pretended. cases by blank warrants, and aided by Federal troops, made constant arrests * * * * * • • before election, but not afterward. The oversight of the elections and of the But the reduction of wages, the nou-fulfillm ent of personal or political pledges, returns was in the hands of Governor Kellogg's officials. Their count andre­ the misfeasance of some local officials, disputes among the leading colored per­ turn did show 29 majority of members of the lower hou'le elected by the con­ sons in other localities, the loss or embezzlement in some cases of the school servatives without any protest whatever, except in three parishes, although it funds, a.ud the failure of the Freedman's Bank, all combined to divide the views was their province and duty t-o protest in any case where violence, or intimi­ of colored voters during the late campaign. An effort was accordingly made dation, or fraud existed. by the conservatives to acquire a. part of the negro vote; with that view it was Indeed, the direct evidence as to the election of 1874, as well as the circum­ sought in marry quarters to propitiate them. Frequent arrests by the United st.

• - 8286 CONGRESSIONAL RECORD-SENATE. SEPTEJ\IBER 5,

the Republicans; that there bad been wrong and corruption in State And again- and local.administmtion, especially under Warmoth's rule, and that That he was fairly elected, honorably elected, I belieye no man can question. the Hepublicans bad con tinned their power by wrongful means. This language filled me with surprise, for I thought that the popu- The minority reporti1 signed by Hepresentatives GEoRGE F. HoAR, lar mind had long since beco1pe convinced that :Ur. Tilden and not Mr. W. A. Wheeler, and W. P. FRYE, differed mainly from the majority in Hayes was really entitled to the majority of the electoral votes in that blaming the Democratic people for the means which, according to the famous contest. findings of the minority, they had nsed to put down bad government The subject of the debate then had was the vote of Louisiana. I and usurpation. have ~o other information a.c; to that State than that which is open and With such a result from a committee appointed by Speaker Blaine, accessible to the general reader, and shall leave the discussion of it to composed of five Republicans and only two Democrats, to investigate those who are familiar with all the details and can speak of them with cb&rges preferred by a Republican President, can the Senator froru greater accuracy tnan I can. But I have no hesitancy in &'lying that New Hampshire reasonably expect a different result by sustaining the my own inv~tigations, made with a sincere desire to discover the charges now made before an investigation committee? Is it not p1'ima truth, have led me to a very positive conclusion as to the result in facie probable that his charges have no better foundation than those Louisiana, and that is that the State was Jairly carried by the Demo­ which were so unjustly made in 1874? cratic party and that Tilden was justly entitled to its electoral vote in Louisiana bas patiently endured fresh wrongs since that day by the 1876. usurpation of 1876. And it would have been indeed strange if her I believe I am sustained in this view "ty the published statements of people had not arisen in 181:'8 without regard to race, without regard the Senator from New Hampshire whose resolut:U>n is now under dis­ to former political associations, without regard to color, without ref­ cussion, and as he played a large part in the management of the Re­ erence to an approaching national election, and overwhelmed with publican side of the electoral contests in tbe disputed Southern States their ballots the Republican candidate for governor, Mr. Warmoth, in that memorable year, his statements against his party friends ought who bad impudently offered his name for the support of a wronged to have great weight. and outraged people, when his former administration had been declared In 1877 and 1878, while the incidents of the struggle were fresh in dishonest and corrupt by such high Republican authority as acted his mind, he published some letters in the newspapers upon the election upon that committee. of 1R76 and its results which were afterwards collected into a pam­ I take pleasure in reciting here a statement from a well-known Re­ phlet. In this pamphlet, on pages 9 and 10, he admits that 'l'ilden re­ publican newspaper published in Western lllassaehusetts, the Spring­ ceived 7,000 more ·votes than Hayes in Louisiana; he admits that more field Republican, which takes the position that Warmoth virtually gave than 7,000 ofthese voteswerethrownout, notonaccountofanywrong­ ' up the battle on the eve of the election, and suggests a motive for it doing which had been proved and established, but simply on account which is in harmony with the tactics of Southern Republicans in for­ of alleged murder, riot, and intimidation. He expresses doubts as to mer contests. its being justifiable and says that it required courage and assurances It is as follows: that the national exigency demanded its performance and the moral [Springfield, :Mass., Republican, August 23.] support of the North. He further says that the returning board per­ formed this extraordinary work after receiving such assurances. I . Senator CHANDLER delivered yesterday his speech upon the motion to inquire into the Louisiana. election of April last. As to the merits of the particular quote his language, that I may not do him injustice: motion, little nee4 be said. He may have evidence of fraud in the spring elec­ In Louisiana, however, there bad been thrown into the ballot-boxes over tions, althougb he did not produce it. . The argument by comparing the returns 7,000 more votes for the Tilden than for the Hayes electors, and to make Hayes of previous elections will not do, becamm based upon the supposition that every President it became necessary for the returning board, acting under peculiar ne){ro is a Republican. Ex-Governor \Varmoth, who was the Republicrn candi­ local laws, t-o throw out more than 7,000 Tllden -votes on account of alleged date for governor of Louisiana, presented Senator CHANDLER's argument to him murder, riot, and intimidation, preventing a fair and free election in certain three weeks before the elections. Up to that time he had led a good party fight .~ parisbes. To pel'iorm this extraordinary, even if jlllltifiable, work in the face Suddenly he published a letter claiming that some kind of a deal had been made of an armed and infuriated Democracy required men of nndaunted courage by which Governor Nicholls was to be counted in. He said that it was use­ and such courage the returning board possessed. It required also that th~ less for him to contend against such odds. T·his was a direct invitation to boa.rd should have assurances that the national exigency demanded its per­ his followers to refrain from voting. Hundreds of negroes voted for Nicholls, formance, that the moral sentiment of the North would approve it, and that and they repeated the service at New Orleans a few weeks later, thus securing they themselves should be protected from evil consequences to be app!·ehended some of the offices at the hands of the Democrats. Warmoth's surrender upon from the violence of :1 mob government, which it was known would be estab­ the eve of battle astonished the Democrats, but there was metbod in bis mad­ lished by one Nicholls, a pretender to the office of g overnor against Stephen B. ness. The returns enrich 1\Ir. CHANDLER's speech and give him a chance to make Packard, who was sure to be found to be elected governor if the Hayes electors out a case upon paper. He succeeded in precipitating a series of personalities should be found to bave been chosen. yesterday, and so far be was successful. The situation in the South bas impl'oved All these assurances were freely and forcibly given by Mr. Senator SHERJIIAN so wonderfully that it is sad to see tbis friend and advocate of the bloody shirt and hi!ol associates. attempt to turn back the pages of history for partisan purposes. His subsequent language in referring to the way in which Mr. It is not often that such an opportunity is afforded to call the atten­ Hayes reached the Presidential office is, very frequently, not that he tion of the country to the fact that there are Northern Republicans was elected to it by the people, but that he was "counted in:" and who not only understand the situation at the South but are willing to on page 24 he insinuates, if he does not directly charge, that this do justice to our section and to recognize t'be fact that our elections are counting in was the result of a bargain by which Mr. Hayes was to influenced and controlled there by like causes that control and influ­ become President upon abandoning the Packard State government. ence elections in other sections of the country. In a letter written to him by William Lloyd Garrison, which is pub­ When such utterances 3.'! this from the Springfield Republican are lished in this same pamphlet, it is distinctly ~dmitted that the election more frequent and the people of the North rebuke the politicians who of Mr. Hayes was carried in South Carolina, Louisiana, and Florida are always trying to array one section against another for purely par­ by "bayon~t rule," and the publisher of the pamph'let especially com­ , tisan purposes, we shall have made a great advance in dealing with mends ''the clear vision and calm judgment'' of Mr. Garrison. this race question in politics. If, however, the result had depended upon the vote of Louisiana As I stated in the progress of my remarks, the Republican party of only, I should have remained silent. But the vote of Louisiana, the South has left behind it a bad record in this matter of honest elec­ added to the St.ates which actually gave Republican majorities, was tions, and during the time that they held control of the governments not enough to elect :ftlr. Hayes. Four more were required, and, not­ of the Southern States and maintained their ascendency by any means withstanding the risk of incurring the contempt of the Senator from that would win, right or wrong, they were generally sustained by their Ohio, I allege and charge that these were wrongfully taken from the Northern allies. When damaging proof was brought forward of a nat­ State which I have the honor in part to represent in order to make the ure to-shock the moral sentiment of the country,legal difficulties to its requisite number of votes to give Ur. Hayes an apparent majority of 1. consideration were interposed and no serious check was ever given to At the former discussion the debate was extended to so late an hour the successful consummation of Republican election fraud or wrong in that I was unwilling to detain the Senate with a full history of the cir­ any of the Southern States. Nothing has occurred of late years to cumstances that led to that result, but did not wish my silence to be show any real change of heart in the Republican party on this subject, regarded as an admission that Mr. Hayes was entitled to the vote of and we have no reason to believe that if power was restored to them Florida. So I contented myself with a promise to go at length into and the same opportunities were again offered, they would make a the matter at a future day, which promise I now propose to redeem. better and more honest record than they did prior to 1877. , Since that tinie another distinguished Senat.or upon the other side, In selecting the instanr.e that I promised to give of an election car­ the Senator from Kansas, has reiterated the claim that Mr. Hayes was ried in the South by unlawful and irregular means and practices, I fairly elected to the Presidency in 1876, and in a speech made here on have choseu the Florida election of 1876, upon which I have for some May 1 he uses the following remarkable language (H.Ecoim; page 3994): ·time wished to address the Senate. I !'eel bound to say that his tille is the most absolutely impregnable of any in In a speech made by the Senator from Ohio on April18, when the the whole line of .American Presidents, because it is the only one ever passed bill for the admission of Dakota was before the Senate, he took occa- upon by a constitutional tribunal lawfully organized for thnt purpo_e. • sion to refer to the Presidential election of 1876 a,nd denounced those As well might one claim to be superior to his neighbor.~ in honesty who believe and allege that Mr. Hayes was not elected to the Presi­ because he had been tried for crime and acquitted, while their integ­ dency in the following language (RECORD, page 3241): rity had never been questioned. But if the accused had been ac­ quitted because of a want of jurisdiction in the tribsnal to hear the ilu'ld hereafter when any man shall assert of President Hayes that he was elected by fraud or wrong, or that he was not duly elected, I will hold him in case and listen to the witnesses, his claim to superior honesty would contempt as uttering th.at which is not true. certainly be denied. \ .. 1888. CONGRESSIONAL RECORD-SENATE. 8287

On the morning of Wednesday, November 8, ~876, as the returns of This result, as to the electoral vote, taking for comparison the hig~ .the election which had taken place the day previOus became known to est vote for elector on each ticket, was as follows: .· the people, it became apparent that Mr. Tilden was elected. . • Subsequent history establishes it as a fad that tl>:e aggregat10n of the ~~~~~ :f:~~::. ·::::::::::::.-:::.: :: :·.:·:::.::::·::::.::::·::::. ::::::·:. ·.:::::::: ::::::::::: :::::·::.:·.::. :::::: i!: ~~ figures, which were publicly announced at ti>:e votrng-places. and pre­ Tilden majority ...... 332 cincts all over the United States on the evem.ng of the electwn, dem­ The difference between the votes for electOTs was small, being 6 on onstrated a majority for him both in the popular and the electora~ vote. the Republican ticket and 3 on the Democratic. LeadinlJ newspapers that received and p_ublished th~ returns ill the The Democratic majorities on the State ticket were about 500 grea_ter. large cities of the country :mnounced M~. Tilde?-'s election on the J?-Orn­ There were but two changes in these results between the precmct ing after the contest. Mr. Hayes admitted. hiS defeat, a~d an_rnter­ and county canvass. view with him, held the day after the elec_tion, was publiShed m the In Clay County one precinct was not include~ in the total nu~ber of leading newspapers of the counh·y. He sa1d: . . votes. It was omitted because there was no Signature "to the Jurat of I think we are defeated in spite of the recent good news. . I am of the opmwn that the Democrats have carried the country and eJected Tilden. the oath of the inspectors. The vote of this precinct was, however, * * * , * * * * given upon the return, and was as follows: I do not care for myself, for the party, yes, and the country, too, can stand it, but I do care for the poor colored men of the Soutfi. ~i~~:~ ~~c~~rr: : : : :::::: ::::::::::: :·::.: :::::::·.::::: :::::::: ::·::.:: ::: ·.:: ::::::::::::::::::::::::::::::::::::::: 2~ But the Republic:ms were not willin~ to acce~t . the verdict of .the It was subsequently proved before the State canvassing board that people and relinquish their power. W1thout wa1trng for any attack the inspectors w~re in faet sworn, and the electi~n at this _Precinct was upon the result, they promptly sent out agents and "visiting states­ never impeached 1 nor was any attempt made to Impeach 1t. men" to certain States whose vote::; they needed to make up the 185 In .Alachua County a bold and successful fraud was perpetrated at a which were necessary for a choice. One of the_ States thus marked o~t precinct known as A1·cher No. 2, hy which 219 votes were added to the was Florida. I had the honor to serve as chauman of the Democratic Republican figures after the public announcement of the result at the State executive committee during the campaign and was familiar with polls on the evening of the election. the events that occurred and of the circumstances that subsequently The vote as announced was- attended the count. There was no more reason why a doubt should have bec;n cast upon the result in Florida than in Rhode Island or New ~:~uo~~i~:·:::.·. ·:::::::.·.·.·::::::.:·.:·:::::.·.:·:::::::::::::::. ·:::·:::::::::::::::::::: :::::::·:::.'.'.'.'.'.'.'.' .' .'.' .'.' .'.: t~ Jersey. It was always capable _of ascertain~ent b;r ~~ose who desired TotaL...... 316 the truth in an orderly way, Without the a1d of VlSitmg ~ta.tesmen or The vote as c::mmssed was-

retuminO' boards without the presence of bayonets or artillery. H 11 yes electors...... 399 On th:' mornin~ after the election Mr. 1\fartin, who was the chair- Tilden electors ...... ,...... _ 136 man of the Rep;bljcan State committee of Florid~, sent a telegram, Total...... 535 which was published in the New York IIer:Id, saymg: Three reputable citizens swear to the above public and official au- No more peaceable or quiet election was ever held in any State. nouncement. The doubts did not come from Florida; the excuse for pursuing un- Samuel T. Fleming, a well-known citizen, of good character, of the usual measures did not oricrinate there. They came and originated same county, also swears that he was present all day long, from the from beyond the State. Fl;rida. at the time had a Republican gov- openincr to the closing of the polls, and took down the names of all the ernor and every executive and judicial officer throughout the State voters ~ho voted frcm the outside, and that there were 305 who so>oted, and i~ every county was a Republican appointee. The election law and besides there were about 15insideofthe room whovotecl, but whose wa.S framed by a Republir,an Legislature, and was cunningly devised names he did not take down. to give every possible advanta_ge to the party in power. :r'he whole Two of the three inspectors have sworn that the smaller of the abo>e machinery of the election was m the hands of the Repubhcan office- votes was the ttue resuU. holders and their appointees. . . . It appears that after the public announcement of the v~te the returns 'The governor had the appoin~e~t of the c:ounty commm:>wnera m were si(J'ned in blank, leaving the number of votes to be mserted later, every county. The county commissiOners des~gnat~d the Yohngpl~ces and on~ of the Republican inspectors, Uichard H. Black, and theRe­ in their respective counties, controlle~ th_e reglStratio~ books and lists, pu blic..w cle:rk of the election, Thomas H.· Vance, took charge of the and appointed the inspectors of electwn ill every precmc_t. The clerk, return, poll-book, ballot-box, etc., a_ncl went to Gaine.wille, t~e coun_ty county judge, sheriff, andjusticesofthe peace. appointed m each county site. Soon after midnight they arnved at the house of L. G. Denms, by the Republican governor, were the officers, three of whom com- one of the leading spirits among the Florida Republicans, popn1a~·ly posed the county canvassers, whose duty it was to compile the returus known as "the little giant," then a candidate upon the lEt

Aml besides, the system of railroad which ~xtended from the Chatta.- ru111 testimonyapnears in thereportofthe Potter committee (volume hoochee to the St. Johns and from Fernandina to Cedar Keys had been 1, pages 494 and 495). His ?Wn a,ccount ?f t~is tra_nsaction is_given in seized by the State and was under the management of one of theRe- a published statement, to which he refers m h1s testimony, which reads publican cabinet officers. as follows: It can readily be seen which party had the advantage, and that the L. G. DENNis UNDER A sTATE.liE:n. opportunities. for wrong-doing of any kind were all with the Repub- The following is a statement made by L. G. Dennis about the fraud in Alo.chuo. • licans. , County. It will be supplement~d by a more detailed statement: We knew full well tbat they had these opportunities, and former "WASHINGTON, D.C., March22,1878. h 1 f "I have resided in Alachua County, Florida, since January, 1866, and was experience had taught us that they knew how to avai1 t emse ves 0 elected t·o the state Assembly in 1876, at the same time of the late. Presiden- them. Vigilance was all that was left to the Democrats. . tial election. I was at that time a member of the State central committee of the Knowincr the importance of ascertainincr0 the actual result as lt was Republican party of Florida, and also chairmun of the Republican co!D~1ittee "' h · t h th lls 1 d th D ti St te of Alachua County. I was also president of the board of countycommJsstoners announced at eac precmc W en e po C ose , e. emocra ? a of Alachua County from 1873 to 1877, and was famtliat· with the manner of r~g- com mittee arranged to be represented at every voting place lll. the istration and manner of voting, the location of ~he polls, and all oth~r election State on the evening of the election. and their representatives were machinery. As pr~sident of said b?ard, and wtt? the conseut of satd board, I . . l k . il . ll. ts to th . th h d f located all the pollma-p]aces appomted all the mspectors who conducted the furmshe~ WIth b an -s Slm ar Jn a respec ose In e an s o Ielection, received andcounted the ballots, and mad,? and certified to t he I'eturns. the electwn officers, and upon these ~lll?ks the actual re~ult was en- I appointed _as inspectors of Archer precinct, box~ o. 2, Green R. 1\Ioore, Floyd tered Wherever the officers were willing to do so they signed these Duke andRwhardH.lllack.. ThomasD.Vancewentat~yrequestto~rcherpre - .' · d h h f d th f: t ted d th cinct ~n the day previous to the election, and was appomted by the mspectors duplicate returns, an W en t eyre use e . ac wa~ no an . e clerk of the election at box No.2, and served as such. I was. at. Ga.ines"':ille on :returns were sent forward to the State committee w1thout the signa- the day of the election, and on that night and the day followm~ my restdel}ce . tures of the officers. This was .an effectual check. upon subsequent was the headquarters of the Republican party, and dunng the mght pJ;eceding · b t' 't tt ted din the few cases the election all information was brought to me there. a I terati on, _an d In u on~ case was 1 a emp , an . '"Some time after midnight of that night Inspector Black came to m:r ho~e where precmcts were omitted from county returns there was no diffi.- l and reported to me that the result of the election at box No.~ for Pre;ndentml culty in establishing such omission, nor in telling the true result. electors ~as as follows: For the Hayes electors 180, for the Tilden electors 136. 8288 CONGRESSIONAL RECORD- SENATE. SEPTE~I13ER 5,

.A little later 1\!r. Vance, the c!erk at said box No.2, came and made the same was in advance of any call for aid, and, in advance of any complaint of report. Subsequently both Black and Vance came to me and said they had the returns from .Archer precinct, box No.2, signed in blank by the inspectors, and disturbance, and while Florida was peaceful and quiet as Vermont. that they would make out the returns so as to meet the expectations of their One of the witnesses, who was the regular telegraph operator at Tal­ own party. They retired to a priV"ate room, where they remained two or three lahassee, says that one telegram from Tallahassee, in reply to the s. .,g­ hours, and then informed me that they had ad er met the charge with a square denial. And in the with the Slate canvassing hoard, for the purpose of showing that the returns from Archer precinct, box No. 2, were false and fraudulent. It also appeared pamphlet to which I have already referred he says that the choice of that 1\lr. Belton, the justice of the peace, had not signed the return tiled wilh Hayes electors in Florida ''was declared without extraordinary assur­ the secretary of state and governor. One of the duplicate returns was sent back ances from the Northern visitors." to Alachua County, and Belton's signature was obtained. Moore also was in­ duced to make a counter-affidavit denying the truth of his former affidavit. A McLin was taken care of and was appointed associate justice of the - counter-affidavit was also obtained from Floyd Dukes, assers gained admission and entered upon the scene. withstanding the opportunities for fraud and their willingness to per­ Driggers, the county judge, had persuaded the sheriff to heip him petrate it. The Tilden electors would probably have received the offi­ under the false pretense that it was necessary because of the <:Jerk's cial proofs of their election but for events which were transpiring out­ absence, when in fact the clerk had been in town and at his post of duty • side of the State. The Republican leaders found that they required all day. Up to the 11th of November, a few days after the election, more votes; a political necessity was urging them on, and the circum­ Dorman, who had already assisted at the legal canvass, was the only stances which I am about to relate, taken in connection w1th their justice of the peace in the county. On that day the governor, at Drig­ subsequent acts, indi<'.ate a determination to secure a majority of the gers's request, made to enable him to get up this false canvass, gave electoral votes and the inauguration of Mr. Hayes, whether he was D1iggers a commission appointing William Green as a justice of the elected by the people or not. peace, and Driggers looked him up and secured his aid. The three Three witnesses have sworn before committees of Congress appointed conspirators, under the cover of darkness, sought the court-house. They to investigate the election of 1876 and matters pertaining thereto that knew that the canvassing board h::td met, discharged their duty, and on the day after the election, the very day when, as I have already adjourned. Driggers bad, in conversation with the clerk, announced stated, the chairman of the Republican State committee had tele­ himself as satisfied with the can>ass already made. There were no p:raphed that no more peaceable or quiet election was ever held in any spectators. State telegrams were received from trusted leaders of the Republican They took the precinct returns as the canvassers had left them. party in the North stating that. the salvation of the country depended Driggers presided, and without any endence before them, without seek­ upon the vote of Florida being cast for Hayes, and that money and ing for any, they undertook to throw out the unchallenged returns from troops would be forthcoming if necessary to secure this result. This the two Democratic precincts of J obnsville and D:ubyville, which gave 1888. CONGRESSIONAL RECORD-SENATE. 8289

149 votes to the Tilden electors and 13 to the Hayes electors, and to with the names of the electoral, State, and county candidates of the include only the other two precincts in their pretended canvass. Republican party printed upon it. They remained at the clerk's office but a short time and completed The circumstances attending this fraud were as follows: Bowes was their wo1·k at the house of a neighbor. the leading spirit. He was the County Superintendent of public in­ The two precincts thus thrown out just reversed the result, and in­ struction and the local editor of the H.epublican organ at Tallahassee. stead of 90 majority for Tilden it is 46 for Hayes, as the :figures show: He sent word to Amos Rouse, who bad been appointed as the Demo­ cratic inspector, who lived a few miles from the voting-place, that he would call at his bouse on the morning of the election, take an early ------I-T-i_Id_e_n_. I Hayes. breakfast with him, and go on together with him to the precinct at Richardson's School-House. Instead of ~oing so he took Lawrence R. Former figures...... 24, 440 24,350 Deduct the two Bake1· County precincts...... 149 13 Booth, Isaac Dent, and Wiley Jones, three colored men and Repub­ licans with him the night before and they slept at the school-house. 24,291 24,337 They were all non-residents of the district. Rouse delayed a little be­ fore going to the precinct on the morning of the election, waiting for Hnyes...... 24, 337 Bowes, and at length rode on to the school-bouse and rea-ched there be­ Tilden...... 24, 291 fore 8 o'clock, the time fixed by law for beginning the election. He Majority for Hayes...... 46 found that Bowes had substituted Isaac Dent in his place and that the election was proceeding without a Democratic officer. He staid by All of these returns went forward to the capitol, and when the State the ooxall day, and swea.rs that none of the ''little jok&rs ''were openly canvassers presented the returns the secretary of state held back the >oted and that none appeared till the box was opened at night. The true and honest return and brought forward the partial and fraudulent. poll-book consisted of a lot of detached sheets; neither the names nor substitute as the only return received from the county. It was only the pages were numbered. It was proved that two or three of the after a determined effort that the chairman of the Democratic State sheets contained names of men who voted at other precincts; many committee succeeded in drawing from the secretary of state the return of them swore before the House committee that they bad never been first received, which proved beyond all successful controversy that the to Richard~on's School-House in their lives. papers upon their face showed that Tilden was entitled to the electoral These small ballots were printed at the office of the official news­ vote of the State. paper of the St.:'tte, the Republican organ, and for the very purpose of So thoroughly was this fraud exposed that the State canvassing board fraud, though there was no proof that they were used elsewhere. refused to give vitality to it and canvassed the county by including the Hayes received the full benefit of these 73 "little jokers," and as the returns from all the four precincts, and thus it was admitted that, so face of the returns, even counting the false return from Baker County, far as the retums are concerned, they show a Tilden majority, and only gave him a majority of 46, Bowes could claim that he made a they were as follows when arranged by counties: President with these instrumentalities. He was indicted for his crime and fled to Washington, where he was provided for in the Treasury Democratic electors. Republican electors. ui Department. s:: :;s In Jefferson County there was a population of about 3,000 males over a5 s:1 ui ci b.O Q) ~ the age of twenty-one. This was ascertained by a State census taken {1 -~J.< en c: s:: ~ 0 1: s:l· the year before, and by a census of those old enough to >ote t.'lken by 0 Q) ..d Counties. ;::::; "0 A ..:i s:: ~ iE r:s i J.<8 Ill the party organization of the Democratic party during the campaign. 0 ~ a aS 0 a Ill ~ r:Q r:s Q) ' ~0 r:s E They differed about 150, a fair increase of the population during the ~ ~ I:Q .s Ill J.< J.< Pot ~ ti: Q) Q) Q) Q) ti: 0 interval. Notwithstanding this the registration list contained about ~ ..0 ..0 ~ J.< a 0 ~ ~ ~ c! c! 0 0 4,350 names and 3,401 votes were cast and counted on the election day• i;: ~ ~ ~ r:.; 0 ti 8 0 ::s A comparison of the registration list with the census showed that only ------2,829legal voters had actually registered. The excess was shown to Alachua...... 1,267 1, 267 1,267 1,~ 1,984 1,984 1,984 1,984 ...... be on the Republican side. If every person of the requisite age had Baker_ ...... 238 238 238 143 143 143 143 ······ Brevard ...... 111 111 111 111 58 58 58 58 ...... ······ .······..... been entitled to vote and bad vo:ed the excess was 572 (3,401-2,829) Bradford ...... 703 703 703 703 202 202 202 202 ...... votes, which, however, is only the minimum of the fraudulent vote. Calhoun ...... 215 215 215 215 63 G2 63 63 1 ...... Many had been convicted of crime or were from other causes dis­ Columbia...... 903 903 903 903 718 718 718 718 ...... Clay ...... 286 'lEI 'lEI 287 122 121 122 122 qualified from voting; some who had registered did not vote. Duval...... 1,436 1,437 1,437 1,437 2,367 2,366 2,367 2,366 ······..... 1 The excess was composed of convicted and unpardoned criminals, Dade ...... 5 5 5 5 9 9 9 9 ...... young men in their non-age, repeaters, persons who had not gained a Escnmbia ...... 1,426 1,426 1,426 1,426 1,602· 1,602 1,602 1,602 ...... Franklin ...... 167 167 167 167 91 91 91 91 ...... residence of sufficient length to entitle them to a vote; and in one pre­ Gadsden ...... 835 835 835 835 1,300 1,300 1,300 1,300 ...... cinct the county judge, who was also a precinct canvasser and a Re~ Hamilton ...... 617 617 617 617 330 330 330 330 ...... publican in good standing in his 'Party, at a precinct 10 or 12 miles Hernando ...... 579 579 578 579 144 144 144 144 ...... HilJsborough ...... 790 790 790 789 186 186 186 186 ...... from his home, boasted that he had substituted and counted a package Holmes ...... 300 300 300 300 16 16 16 16 ...... ······ of 100 Republican votes w bich had :not been cast by the voters for a sim.... Jackson ...... 1,397 1,397 1,397 1,397 1,29) 1,299 1,299 1,299 ...... ilar package of 100 Democratic votes which had been cast by the voters. Jefferson ...... 737 737 737 737 2,660 2,660 2,660 2,660 ...... LaFayette...... 309 309 309 309 . 62 62 62 62 ...... These are the larger frauds which the Democratic managers estab­ Leon ...... 1,003 1,003 1,003 1,003 3,035 3,035 3,035 3,035 ...... lished, and the difficulties in their way will be understood when I Levy ...... 487 488 487 487 207 207 207 206 ...... again state that all the machinery of the election and all the original Liberty ...... 147 147 147 147 83 83 83 83 ...... 1\ladison...... 1,078 1,078 1,078 1,078 1,524 1,524 1,524 1,524 ...... records of it were in the bands of the Republican appointees. It will Manatee...... 262 262 262 262 26 26 26 26 ...... thus be seen that the Democratic majority of 90 was in spite of the fol­ Marion ...... 958 958 958 958 1,552 1,55:.! 1,552 1,552 ...... lowing fraudulent votes and omissions: 1\Ionroe...... 1,047 1,047 1,047 1,047 980 980 980 980 ...... Clay precinc~, Democratic majority omitted .. :...... 23 Nassau ...... 667 667 666 667 802 802 802 802 ...... Archer precinct...... 219 Orange ...... 908 908 908 9ffl 208 207 208 206 ...... Richardson's School-House...... 73 Putnam ...... 505 605 605 605 586 586 586 586 ...... Polk ...... 456 456' 456 456 6 6 6 6 ...... Jefferson, fraudulent Republican excess ...... 572 768 768 768 409 409 409 409 Santa. Rosa...... 768 ...... 887 Sumter ...... 506 506 506 505 173 173 173 173 ...... St.John's...... 501 501 501 501 338 338 338 338 ...... ······ ...... The State canvassing board decided, contrary to law, that they had Suwannee ...... 626 6.26 626 626 458 458 458 458 ...... the power to go behind the returns, and instead of doing so in the in­ Taylor...... 242 242 242 242 73 73 73 73 ...... Volusia ...... 460 459 459 460 186 186 186 186 ...... terest of right they passed by these manifest frauds in Alachua, Leon, Wakulla ...... 361 361 361 361 182 182 182 182 ...... and Jefferson. All that they did was t~ count the omitted precinct 'Valton .. ; ...... 626 628 628 628 46 46 47 46 ...... in Clay and deduct about 60 from the Republican majority in Jeffer­ 'Vashington ...... 407 407 407 407 ll9 119 119 119 ...... , -----J ---,.-- son. This was a mere straining out of the gnats. Total ...... 24,440 24,350 They did, however, go back of some of the Democratic returns, and --- the following are the principal reductions, which I will review in order: I miaht safely stop here, for, as I will show later on, the Supreme Court fi'n.a.Ily decided that it was the duty of the State canva~sers to count the returns, and that they had no right to change them or to re­ ------c-o_u_n_t_ie_s_.-----·------ITilden. jHa.yes. ject them when regular on their face. But !prefer to call attention to Hamilt.on: the fact that the Republicans had everytbirig to lose and nothing to Jasper No.2...... 323 185 gain by an investigation of the election, and I shall confine myself to White Springs...... 83 5S Jackson: the larger matters which were brought.to the attention of the State Friendship Church...... 145 44 canvassing board. Campbellton...... 291 77 In Leon Co'unty, at a precinct known as Richardson's School-House, l\1anatee...... 262 26 :.bout 10 miles from the State .capital, 73 "little jokers," as they were 1\I.onroe...... 401 59 termed, were surreptitiously introduced into the box, probably before Total ...... -:i:'505"j 44~ the election commenced. This '' little ioker '' was a -very small ballot XIX-519 -.

8290 CONGRESSION1tL RECORD-SEN.ATE. SEPTEl\fBER 5,

In 1Jamilton County two Democratic precincts were attempted to be wn.s found to be true, and the utmost indifterence was manifested about thrown out by a majority of the State ~nvassing board, against the filling the vacancy, though at fu·st the secretary of state talked fairly protest of the third member. At Jasper No. 2 the hoard continued its about the matter. The Democratic State committee offered to pay all work until 4 the next morning, and the result was publicly announced. the expense of carrying on the necessary correspondence by telegraph The night '"as cold; there was no fire in the court-house, where the and to make a bond for the new officer, whoever he mi(}'ht be at Talla­ election was held. The officers had-been on duty for about twenty hassee. This offer was not accepted, and the State ~fliciais pursued hours and were exhausted. They adjourned without objection till 9 the usual course. a. m., when they reconvened, filled up, and signed the papers accord- The office was offered to one J. D. Green, a Republican, and he was ing to the result as announced the night before. The figures were un- notified by mail of his appointment, but his acceptance and bond were challenged, and the irregularities complained of had no effect what- delayed, and he did not quality till after the election. The accept­ ever upon the vote as cast aifd counted. The return was regular upon ance of the reSignation only_a. month before the election by the gov­ its face, and the attempt to exclude it was in violation oflaw, and the ernor, who was a. candidate for re-election, and the delay in filling the courts which passed upon thiS vote decided that it must be counted. office could have been for no other purpose than· to prevent the reO'is- At White l::3prings the election was regular, fair, and unchallenged. · tration of the new voters, in. the hope that the election mio-ht"'be But the blank foTm sent to the precinct was defective; there was no abandoned, or clouded if held at all. 0 place in it for the electoral vote,and it was overlooked, and the electoral But there were citizens of Manatee County who knew their rights vote, w~ich had been publicly announced and was known to tp.e com- and had the courage and intelligence to maintain them. T•le eounty munity, was omitted in the return, though appearing on the tally-sheets judge, Ron. E. M. Graham, . was ·an able and experienced lawyer, and on· the ball_ots which were strung and forw~rded to the <;ourt-house and under his direetion all the formalities of the law were carried out with the return. When the county canvass began, six days later, the as closely and fully as they could without the aid of a clerk. The omission was discovered; the inspectors were summoned to the court- county commissioneis met and made arrangements for the election. house and requested to correct their return. They could have been The people assembled at the voting places as at the preceding election. forced to do it under the laws of Florida. They reviewed their work, Inspectors were appointed for each precinct. The boxes, papers, and used the tally-sheets and other papers, .a.nd filled out a new set of re- forms that were necessary for holding the eleetion, except the lists of turns which simply spoke the tmth. Everybody knew it to be the voters which only the clerk could furnish, were sent out in due time. true return. No objections were made to the course pursued, and the The inspectors were directe to allow none of the new '\"Oters, who had officers simply discharged their duty. The county canvassers accepted been unable to register, to vote, and to receive only the votes of such the return and included it in their county canvass. as had registered and voted at former elections. Itwouldhave beenstrangeindeed if the courts had sustained the effort · As a. new registration is not necessary at every election under the t o deprive the people of Hamilton County of their votes on such slenner Florida law these were qualified voters. And in order that there might · pretexts, especially when these mistakes and irregularities occurred be no doubt as to the qualifications of those who actually voted, each t hrough election officers appointed by the Republican State and county voter was required to swear that he was so qualified before his vote was governments, who we1·e not likely to aet against those who appointed received. In this way a part of the vote of the county was saved. The them, and no charge of corruption was ever made against either set or election was orderly an~ quiet · inspectors in connection with these matters. The only effort that was · At some of the precincts mem hers of both political parties partici­ made to charge fraud upon the Democrats was in Jackson County, and pated in it; at some the Republic.:'lns remained away. The returns it was upon this ground that the two.precincts of Friendship Church were formal and regular, and were duly canvassed and sent up to the and Campbellton were excluded from the count in the first canvass State capitol, where all these facts were shown before the State can- made by the State canvassing board. _ vassing board. . This charge was based mainly upon the idea that all the colored peo- The vote as compared with that at the nearest preceding elections ple voted the Republican ticket. A miscount or substitution of 56 was as follows, and Mr. Graham testified that since 1 74 there had vote.ote was always on the increase. historian can refer to them when the time arri\es for an impartial and The history of the transaction shows that it was a part of the pro­ correct history of this period. gramme of the managers of the Republican campaign in Florida to de­ The State canvass was closed early on the morning of Dec.ember 6, prive the people of Manatee of all their elective rights in 1876, and rob the day fixed by law fo r casting the electoral vote; the result was clearly the county of her vote. indicated a few hours sooner by the marching of a detachment of armed During the month of October it was rumored that the Republican soldiers into the capitol yard, and they placed their sentinels around clerk had resigned, and notice of the rumor was sent to the Democratic the building and the night was illumined by their camp fires. It was State committee over the Cu.ba:wire, which extended through the west­ the cowardice of conscious guilt that pfompted this movement, for Talla­ ern part of the county. Upon inquiry at the State capitol the rumor hassee was as peaceful and quiet as an Arec'tdian village, notwithsta,nd~. '1888. CONGRESSIONAL RECORD-SENATE. 8291 ·

ing the near termination of this important act of the great drama that I, David C. Wilson, clerk of the supreme court of the State of Florida, do hereby certify that the above is a true and correct copy of the order dismissing was being enacted in the presence of the American people. the appeal in the above stated cause, as it appears upon the minutes of said su­ But the Democratic leaders did not slack in their diligence. Pro­ preme court, on page 653, volume 1, 1\linutes Supreme Court of Florida, and ceedings were at once commenced to contest the result. An informa­ dated January 18, A. D.l878. In testimony whereof I have hereunto set my hand and affixed the seal of tion in the nature of a quo warranto was :filed in the circuit court of said supreme court, at the court-room in the city of Tallahassee, this 5th day of Leon County by the Democratic electors, one of whom was my col­ l\Iay, A. D. 1888. league, who sued in their own behalf as well as in the behalf of t.he [SEAL. j DAVID C. WILSON, people of the State of Florida, and prayed due process of law against Olerk Sttp1·eme Court of Florida. the Republicans who claimed to be electors to answer by what au­ .This could not be done until after the inauguration of Mr. Hayes, thority they attempted to perform the functions of electors, and fur­ and was fJ."Uitless so far as the possession of the office of the Presidency ther prayed judgment of ouster against them. was concerned, but it demonstrated the fact that by the judgment of The jnformation ·was served on the Republican electors, the court the highest court in the State four of the electors who voted for him ordered a writ of summons to issue from the clerk's office, and the clerk were usurpers, and without those votes he had, in good conscience, no issued it. It was served upon the defendants while coUected at the valid title to the high office be occupied. capitol to cast the electOral vote of the State and befOTe they had dis­ While the appeal prevented an execution of the judgment of ouster char.ged the duties of their offices. In this proceeding all the questions in the quo warranto proceedings, the efficacy of the judgment was not of law and fact were raised and tried. The question of the jurisdiction impaired by such appeal. of the court was put in issue and decided in favor of the j nrisdiction. Meanwhile the attorney-gene~!, constituting a minority of the can­ Issue was joined upon the merits of the case, and on the 25th day of vassing board, certHied to the election of the Democratic electors, but January, 1877, a final judgment was rendered in fa,or of the Tilden the governor refused them the usuallists and gave them to the Repub­ electors and against the Hayes electors. The judgment was in the fol- lican electors. The Democratic electors met at the State capitol, voted lowing words: · for Tilden for President and Hendricks tor Vice-President, complied The State of Florida, ex ret. Wilkinson Cu.ll, Robert Bullock, Robert B. Hilton, so far as was in their power with all the requirements of the law, and and James E. Yonge, t'S. Charles H . Pearce, C. Humphries, \V. H . Holden, sent on the certificates of their action to the proper persons, one of and T . W . Long. them to the President of the United States Senate. These certificates Information in the nature of quo warranto. were perfect except that they were not accompanied by the lists of the And now, on this 25th day of Jammxy, 1877, came the parties by their attor­ neys, and the court having fully considered what should be its findings and names of the electors made and certified by the governor, and this is judgment herein, finds that respondents did not, as shown upon the face of the not a constitutional but a statutory requirement, and such certificate retums of the election held on the 7th day of November, A.D. 1876, transmit-ted was not regarded as essential by the Electoral Commission in the Ore­ to the Secretary of State from the several counties, and aid not, in fact (as shown by the proof produced herein), receive the highest number of votes cast gon case. Bt;tt if the evidence of their title was not present it existed, at said election for electors -of President and Vice-President of the United and the votes cast by them and certified actually represented the true States for the State of Florida. But that the relators did, as shown by said re­ result. tun1s upon their face, and did in fact, as shown by the proof produced herein, receive the highest number of votes cast at said election for such electors. It is The questions of law and fact came before the- supreme court of the therefore considered and adjudged that said respondents, Frederick C. Humph­ State in another branch of the case, and while the electors were not ries. Charles H. Pearce, Wjllirun. H. Holden, and Thomas \V. Long, were not, parties and were not technicaUy bound thereby, the canvassing board nor was any one of them, elected, chosen, or appointed, or entitled to be de­ clared elected, chosen, or appointed, as such electors or elector, or to receive cer­ were, and it was through their action that the Republican electors ob­ tificates or certificate of election or appointment as such electors or elector. tained their possessory title to the offices whose duties they attempted And that the said respondents were not, upon the 6th day of December, or at to discharge. any other time, entitled to assume or exercise any of the powers and functions of such electors or elector. But that they were, upon the said day and date, The State canvassing board went on after completing the electoral mere usurpers; and that all and singular their acts and daings as such were resul~ as already stated and by the same methods worked out a ma­ and are illegal, null, and void. jority for the Republican candidate for governor, though somewhat And it is further considered and adjudged that the said relators, Robert But- - lock, Robert B . Hilton, Wilkinson Call, and James E. Yonge, all and singular, smaller, owing to the difference between the State and the electoral were at said election duly elected, chosen and appointed electors of President vote. and Vice-President of the United States, and were, on the said 6th day of De­ Thereupon the Democrats applied for and obt..'tined from the supreme cember, 1876, entitled to be declared elected, chosen, and appointed as such elec­ tors, and to have·and receive certificates thereof; 11nd upon the said day and court of the State an alternate writ of mandamus requiring the can­ date, and at all times since, to exercise and perform all and singular the powers vassing board to reconvene and canvass the returns as they appeared and duties of such electors, and to have and enjoy the pay and emoluments on their face or show cause to the contrary. thereof. It is further adj ndged that said respondents do pay to the relators their costs by them iii this behalf expended. In this suit(which is reported in 16 Florida) the supreme court passed upon the whole case, the powers of the board of State.canvassers, their A motion w~s made for a new trial and was overruled, and notice duties under the law, and the actual result of the election so far as the of an appeal to the supreme court of the State was given. State officers were concerned. They sustained the face of the returns, Au offer was made to secure an early hearing before the supreme they decided that the vote of :Manatee County was improperly excluded, court by General E. A. Perry, now governor of the State, and my col­ and that the reduction in the vote of Hamilton, Jackson, and Monroe league; who represented the relators, but the attorney for the"i"espond­ was without authority oflaw. I have that judgment here. ents declined an immediate hearing. In fact they never completed It is as foUows : n or prosecuted any appeal, and the relators finaUy, under a rule of State of Florida on the relation ofGeorgeP. Drew, plaintii.l', vs. Samuel B. McLin, court, disposed of the proceeding by docketing the appeal and taking secretary of state, William Archer Cocke, attorney-general, and Clayton .A. an order for its dismissal. The record of the action of the supreme Cowgill, comptroller of the State of Florida, respondents. court in this matter is as follows: This day came the parties, by their attorneys, and thereupon the matters of No.ll. Fred. C. Humph ties, Charles H. Pearce, W . H. Holden, and Thomas W . law arising upon the rel<\tor's demurrer to the answers, original and amended, Long, appellants, vs. The State of Florida exreZ. W. Call, Robert Bullock, R. B. of the respondents, being argued, it seems to the court that the said answers Hilton, and James E. Yonge, appellees. . and the matter therein contained are not a sufficient answer in law to the al­ ternative writ issued herein, and that said return is insufficient. Therefore it Now come the said appellees (and having produced and filed a certificate from is considered tliat a. peremptory writ be awarded, directed to the said Samuel B. the clerk of the circui~ court for Leon County, in which court said cause was McLin, secrP.Iary of state, William Archer Cocke, attorney-general, and Clay­ tried, that an appeal had been obtained and bond given by said appellants) and ton A. Cowgill, comptroller, board of canvasser:! of election of the State of Flor­ move the court to docket and dismiss the appeal herein taken, becanse the ap­ ida, commanding them that they forthwith meet and convene and reassemble pellants have, for two terms of this court, failed to file in this court the copy of a-s a board of State canvassers in the office of the secretary of state, to canvass the proceedings in the court below. and count all election retmns on file in the said offirie of the secretary of state · E. A. PERRY, of the said eleetion for the office of governor, held on the 7th day of November, Attorney for Appellees. A. D.l876, and that as such board of State canvassers they "canvass and count JANUARY 15, 1878. the returns for said office from each and every of the counties of this State I, David C. Wilson, clerk of the supreme court of the State of Florida, do wherein a.n election was held for said office, and especially that they do canvass he1·eby certify that the above is a true copy of motion No. 11. of the January and count the said election returns from the said counties of Jackson, Hamil­ term, A. D. 1878, as it appears on page 201 of motion docket No. 1, now in my ton, :Manatee, and Monroe, and that they determine from a canvass and count office. and examination and tabulation of all the votes cast for said office of governor In testimony whereof I have herem1to set my hand and affixed the sool of said at said election in all the counties of the Stale, as shown by the eleclionreturns supreme court, at Tallahassee, this 14th day of l'tfay, .A. D.l888. of said election received at the office of secretary of state, who has been elected · DAVID C. WILSON, by the highest number 'of votes to the said office of gO'Irernor, as sho\Vn by the Clerk Supreme Cou1't State of Flo1·ida. said returns, and that they do, as such board, make and sign a certificate, as re­ quired by Ia w, containing in words and figm·es, written at full length, the whole At a regular term of the supreme court of the State of Florida, held in the su­ number of votes given at said election as shown by said returns for the said preme court room in the city of Tallahassee, on Friday, the 18th day of Jan­ office of governor of the State of Florida, and the number of votes given for each uary, .A.D. 1878. person voted for for said ofiice, and in said certificate declare the result of the Court met pursuant to adjournment. said election for governor of the said State. Present: Hon. E.l\I.Randall, chief-justice; J.D. Westcott, R.B. Van Valken- .And that they do perfectly execute this writ on or before the 27th day-of De­ burgh, associate justices. , cember, A . D.1876, and how they shall have executed it make return to our su­ Fl"ederlck. 0. Humphries, Charles H. Pearce, W . H. Holden, and Thomas W. preme court on that day by 4 o'clock p.m. in writing, to be filed in the clerk's Long, appellants, vs. The State of Florida ex rel. Wilkinson Call, Robert Bul­ office of said court. lock, R. B. Hilton, and James E. Yonge, appellees. Quo Wtl.rranto. .Appeal ' from Leon cil:cnit court. The canva.ssing board then proceeded to canvass the vote for governor as directed by the court and reported their canvass to the court. The Motion (No. 11) heretofore entered to docket and dismiss the appeal in this cause was this day submitted to the co-:ll't; whereupon it was considered by the animus of the majority of the board, and yerhaps I may with propriety court l-hat said motion is.granted. say, their moral obliquity is manifest from their next step. They a~ - ,;- 8292 CONGRESSIONAL RECORD-SENA~rE. 8EPTEMBEll 5, • tempted to force upon the court a canvass of the electomi vote which at Archer precinct No. 2, the omitted precinct in Clay County, the had not been called for and could not have been in thn.t action. In this wholesale additions to the Republican vote in Jefferson County, and canvas..<~ they followed the views of the court so far as the counties were the 73 little jokers which were smuggled into the box at Richard­ concerned in which they bad violated the law at the former canvass, son's School-House in Leon County. There was no way of elimi­ but they were determined to make it appear that the Hayes electors n~ting these errors and frauds, but they were not quite large enough had received an apparent majority. to reverse the honest Democratic majority. After the announcement They accomplished this by laying aside the full and honest vote of of this result another act was passed to cure and correct the wrong and Baker County, which they had before canvassed and which was contained error that had been done before it had operated to reverse the will of in the regular return made by the clerk and a justice of the peace and the people as declared at the polls. The act ~as as follows: which was bytbeirown official action pronounced genuine, and substi­ An ad to declare and establish the appointment by the Slate of Florida of electors tuted for it the false and partial Driggers return, which they them­ of President and Vice-President. selves bad formerly ·rejected and cqndemned. They went further and Whereas at the general election held in this State on the 7th of November ,1876, according to the returns from the several counties on file in the office of the sec­ · rejected the entire vote of Clay County, which bad never been attacked, retary of state, and according to a canvass, and a statement and certification simply because the county canvassers had failed to include one of the thereof, made by the secret.ary of state, treasurer, and comptroller of public ac­ precinct returns in the result; in other words, because the people of counts, under an act of this Legislature, entitled" An net to procure a legal can­ vass of the electoral vote of the St·ate of Florida as cast at the election held on that county bad been deprived of 29 Democratic and 6 l{epublican the 7th day of November, A. D. 1876," Robert Bullock received 24,437 votes for votes, therefore they attempted to wrong her still further and deprive the office of elector of President and Vice-President of the United States; Rob­ her of her remaining votes-287 Democratic and 122 Republican. ert B. Hilton received 24,437 votes for the said office; Wilkinson Call received 24,437 votes for the said office; .James E. Yonge received 24,440votesfor the said This return was stricken from the record by the order of the court, office; Charles H. Pearce receh-ed 2-!,345 votes for the said office; Frederick C. and the board was required to confine itself to its proper return of per­ Humphries received 24,349votes for the said office; 'Villi am H. Holden received 24,350 votes for the said office; Thomas \V. Long received 24,344 votes for the fect obedience. said office; and This was done, and the peaceful inauguration of Governor Drew, who Whereas, as shown by the said returns, the said Robert Bullock, Robert R. had been elected by the Democratic voters, soon followed. - Hilton, \Vilkinson Call, and .James E. Yonge were duly chosen and appointed In justice to the judges who made this righteous decision I wish to electors of President and Vice-President of the United States by the l:itate of Florida, in such manner as the Legislature of the said State had directed; and call attention to the fact that two of them, Chief-Justice Randall and Whereas the board of State canvassers constituted under the act approved Associate Justice VanValkenburgh, were Republicans, and continued February 27, 1872, did interpret the laws of this State defining the powers and so afterwards. The latter has recently died, and our people, without duties of the said board in such manner as to give them power to exclude certain regula1· returns, and did in fact under such interpretation exclude cer­ regard to party, lament his death and honor his memory. The third, tain of such regular returns, which said interpretation has been adjudged by although inclined to the Democratic party, had not been pronounced the supreme court to be erroneous and illegal; and in his political views from the time of the closing o...f the war. They \Vhereas the late governor,l\Iarcell us L. Stearns, by reason of said illegal ac­ tion and erroneous and illegal canvass of the said board of State canvassers, were all appointed by a Republican governor and held their offices by did erroneously cause to be made and certified lists of the names of the electors a life tenure. · of this State, containing the names of the said Charles H. Pearce, Frederick C. The Legislature met early in January; it hadalargeand undisputed Humphries, 'Villium H.. Holden, and Thomas W. Long, and did deliver such lists to said persons, when in fact tba said persons had not received the highest Democratic majority in both branches. It early addressed itself to the number of vote~, nnd, on a canvass conducted according to the rules prescribed task of obtaining a true canvass of the electoral vote, so that the wrong and adjudged ns legal by the supreme court, were not appointed as electors or which bad been attempted againsttheStatemigbt be frustrated before its entitled to receive such lis~-s from the governor, but Robert Bullock, Robert B. Hilton, Wilkinson Call and James E. Yonge weredulyappointedelectors, and maturity and completion: A bill was framed and passed into a law on were entitled to have tneir1 names cow pose the lists made and certified by the January 17, 1877. entitled "An act to be entitled an act to procure a governor, and to have such lists de!ivcred to them: Now, therefore, The people of the Slate of Florida, 1·epresented in senate a:nd C'.-ssembly, do enact as legal Cc-'l.nvass of the electoral vote of the State of Florida as cast at the follows: SECTION 1. That Robert Bullock, Robert B. Hilton, Wilkinson Call, and election held on the 7th day of November, A. D. 1876. '' James E. Yonge were, on the 7th day of November, 1876, duly chosen and ap· It ordered the State canvassing board to meet forthwith and canvass pointed by and on behalf of the State of Florida, in such manner as the Legis­ as lature thereof has directed, electors of President and Vice-President of the the electoral vote according to the construction of the law declared United States, and were from the said 7th day of November, 1876, and are au- by the supreme court in the mandamus ca-se just referred to. thorized and entitled to exercise all the powers and duties of the office of elec­ The law is in the following words: tors as aforesaid, and had full power and authority on the 6th day of December, 1876, to vote as such electors for President and Vice-President of the United Chap. 3049.-.A..n act to provide for a. canvass according to the laws of the Slate States, and to certify and transmit their votes as provided by law, and their acts • of Florida, as interpreted by the supreme court, of the votes for electors of as such electors are hereby ratified, confirmed, and, declared to be valid to aU. President and Vice-President, cast at the elec~ion held November 7,1876. intents and purposes; and the said Robert Bullock, Robert B. Hilton, \Vilkin­ SECTION 1. The secretary of state, attorney-general, and the comptroller of son Call, and James E. Yongc are hereby appointed such electors as on and public accounts, or any two of them, together with any member of the cabinet from and after the said 7th dav of November, 1876. who may be designated by them, shall meet forthwith at the office of the secre­ SEc. 2. The governor of this Sta.te is hereby auth01·ized and "directed to make tary of state, pursuant to notice to be given by the secretary of state, and form ancl certify in due form, under the great seal of this State, three lists of the a board of State canvassers and proceed to canvass the returns of the election names of the said electors, tow it: Robert Bullock, Robert B. Hilton, "Wilkinson of electors of President and Vice-President held on the 7th day of Novcm-. Call, and James E. Yonge, and to transmit the same, with an authenticated ber, 1876, and determine and declare who were elected and appointed electors copy of this act, to the President of the Senate of the United States; and said at said election as shown by such returns on file in the office of the secretary of lists and certificates shall be as valid and effectual to authenticate in behalf of sto.te. this State the appointment of such electors by this State as if they bad been SEc. 2. The said board of State canvassers shall canvass the said returns ac­ made and delivered on or before the 6th day of December, 1876, and bad been cording to the fourth section of the stat.ute approved February 27, 1872, entitled transmitted immediately thereafter; and the lists and certificates containing the "An act to amend an act to provide for the registration of electors and the hold­ names of Uharles H. Pearce, Frederick C. Humphries, "\Villiam H. Holden, and ing of elections, approved August 6, 1868," and according to the construction Thomas W. Long are hereby declared to be illegal and -void. declared and the .1·ules defining t-he powers and duties of the board of State SEc. 3. The governor of this State is further authorized and required to cause canvassers tmder said law, prescribed in and by the supreme court of this State, three other lists of the names of said electors, to wit: Robert Bullock, Robert B. in the case of the State of Florida on the relation of Bloxham vs . .Jonathan C. Hilton, Wilkinson Call, and James E. Yonge, to be made and certified and forth­ Gibbs, secretary of state, et aZ., decided in January, 1871, and in the case of the with delivered to the said electors; and the said electors shall thereupon meet tSate of Florida on the relation of George F. Drew vs. Samuel B. McLin, secre­ at the capitol in-Tallahassee and make and sign three additional certificates of tai·y of slate; William Archer Cocke, attorney-general, and Clayton A. Cow­ all the votes given by them on said 6th day of December, each of which certifi­ gill, comptroller of public accounts of the ~tate of Florida, decided December cates shall contain two distinct lists, one of the votes for President and the other 23 187G. I • of the votes for Vice-President, and annex to each of the certificates one of the SEc. 3. The said board shall make and sign a certificn.te containing in words lists of the elect-ors, which shall have been furnished to them by the governor, written at full length the whole number of votes given at said election for each pursuant to this section, and the certifica.tes so made shall be sealed up, certi­ office of elector, the number of votes given for each person for such office, and fied, and one of them transmitted by messenger and the other by mail to the Lherein declare the result, which certificate shall be recorded in the office of the President of the Senate, and the third delivered to the judge of the district, as sccretat·y of state in a book to be kept for that purpose, ana the secretary of required by law. state shall cause a certified copy of such certificate to be published once in one SEC. 4. An authenticated copy of this net shall be transmitted bythesecretary or more newspapers printed at the seat of government, and shall transmit two of state to the President of the Senate of the United St.ates, and another copy to certified copies of such certificate, one to tho presiding officer of the senate and the Speaker of the House of Representatives ot' the United States.

,- .. 1888. CONGRESSIONAL RECORD-SENA'l'E. 8293

Florida, through all the departments of her State government, bad Ifor any c11:use_ whatever, unless it be a power higher ~ban ,the State, on whom declared her action. The people bad gi..-en the Tilden electors a ma-~ the Const1tut10n baa expressly conferred such author1ty.-Electoral Commission, 59 jority at .the polls, as declared publicly on the night of the election. page ~ · . . • . The precmct canvassers in the severnl precincts of the different counties Th1s reasomng demes the power of the State Itself through any of Its had certified a majority for the Tilden electors to the countv authori- •departments to correct or 1·everse any wrong, no matter how clear or ties as the result of the C.:'l.nvass at the several precincts. T·he county palpable, unless the correctio-? can be made before the vote is cast. canvassers in the several counties had certified a majority for the Tilden A more reasonable conclusiOn would seem to be that the State had electors to the State authorities a~ a result of the canvass in the counties. control over the entire question of correction of error or prevention of The supreme court had laid down the true meaning force and effect of wrong as long as the matter was inchoate and until the actual consum4 the law which must govern the board of State canv~ssers.' The Leo-is- mation of the wrong or error. If the right exists it is merely a ques­ lature bad directed the board of State canvassers to discharge their d~ty tion of policy as. to ~hen it should be exercised, and its existence is as to the electoral vote under the law as defined by the highest judicial expressly reco~mzed ui a statut~ passed by the Forty-ninth Congress. authority in the State. The State canvassing board had declared the The act constituting the Electoral Commission gave to it all the Tilden electors duly chosen and appointed according to law. The elect- powers possessed by the two Houses over the consideration and deter­ ora had met at the time and place required by law and discharged their mination of the electoral result. Ry the later act referred to the power duties according to the Constitution and laws, and their certificate, of correction is not granted, but it is clearly recognized, for, as is well clothed wit!;!. all the forms oflaw, was before Con !Tress.· sa.id in the opinion upon the Florida case just referred to, "there is for The Hayes certificate, which was also before Co;gress, was not based this purpose no such power (i.e., the power to reverse its action) higher on the popular vote nor a true can rass of the result. The Hayes elect- than the State.'' ors voted under a cloud, while their titles to the offices they assumed I have always believed that the Electoral Commission should have to hold were in litigation, which litigation had already been decided looked into the papers opened in the presence of the two Houses for against them and a judgment of ouster was in full force, conclusively the purpose of ascertain in~ therefrom w bich of the two certificates spoke settling their title till reversed, and it never has been reversed: The the true voice of the people of Florida. It would have been consistent only apparent advantage in their favor was the list of electors furnished with their reasoning as to the right of the State~ over the determination by the governor which contained their names. But this was not only of this question. false, but it had been so declared by the courts, the Legislature, and The State had in an orderly way, through her courts, her Legislature, the executive of the State, and following the law of the Oregon case and her executive department, proceeded to investigate and determine before the Electoral Commission it should have been disregarded. who her Presidential electors were. Her courts bad pronounced a The act of Congress to provide for and regulate the counting of the judgment of ouster against the Hayes electors in a cause regularly tried electoral vote was approved January 29, 1877, after all these proceed- in which these electors appeared and pleaded, and bad declared the ings had been completed and after the true and valid certificate of the Tilden electors to be elected. They bad passed their solemn judgment vote of Florida had reached the President of the Senate. upon the correct interpretation of the statutes under which the can- According to the terms of this act the tiVo Houses of Congress met vassing board derived its power, aud bad decided that the board had in the Hall of the House of Representatives on the 1st clay of February. violated the law in following the cour.se which had led to the result by The following power3 were given to the Electoral Commission by this 1 which the Hayes electors ban received certifi.mtes of election. act, as appears iu the second section (Electoral Count, page 5): .Her Legislature bad obtained a recanvas~ of the votes in accordance 'Vhen all such obj~ctions so made to any certifi~te. vote, or paper from a State Wl th the law as declared by the courts, which recanvass was regularly

~11 have been receiVed and read, ~11 such certificates, Yote~, and pape!-'s S? ob- made in a lawful wav1 as prescribed by statute. The Legislature had Jected to, and all papers n.ccompanymg the same, togetherw1th such obJections, d . t' · . b h _, f h" shall be forthwith submitted to said commission, which shall proceed to con- passe ~ em a Ive act, w ~n t e resrut o t IS recanvass deJ?onstrated sider the same, with the same powers, if any, now possessed for that purpose the falsity of the one previOusly made, before the court had mterpreted by the two Houses acting separately or together. and, by a majority of votes, the law - decide whether any and what votes from such State are the votes provided for · by the Constitution of the United States, and how many and what persons were The executi v~ officers ha-d, obedient to the law as enacted by the duly appointed electors in such State, and may therein take into view such pe- Legislature and in accordance with the true meaning of the st..'l.tutes titions, depositions, and other papers, if any, as shall by the Constitution and relating to elections as interpreted by the co~rts, ascertained the will now existing law, be competent and pertinent in such consideration; which de- cision shall be made in writing, stating briefly the ground thereof, and sin-ned of the people. This ascertainment bad been duly certified by the by the members of said commission agreeing therein: whereupon the"two chief executive, and the result of the election had been. by him trans­ Houses shall again meet, and such decision shall be read ar.d entered in the mitted to Con2:ress and the executive department. .Journal of each House, and the counting of the voles shall proceed in conform- ~ ity therewlth, unless, upon objection made thereto in writing by at least five If ever a wrong of this kind conld have been righted there was no Senators and five members of the House of R-epresentatives, the two Houses reason why this one should not have been. Effort was exhausted. The shall separately concur in ordering othet·wise, in which case such concurrent Ineans were supplied. The remedy was in time before the spurious order shall govern. No votes or papers from any ot"b.er State shall be acted upon until the objections previously made to the votes or papers from any State shall vote had poisoned the whole mass and changed the. color of the final have been finally disposed of. result, and thus wronged and defrauded the whole American people. Under these powers the Electoral Commission reached the following The State ba.d done all in her poiVer and was present with the judg- conclusion as to the vote of Florida, and so declared in their solemn ments of her courts, which were entitled to respect; with her legisla­ judgment (Electoral Count, page 196): tive acts, which were duly euacted, and with the formal and solemn The commission also has decided, and hereby decides and reports, that the declarations of her executive; and the Commission, in spite of the high ~o~~~~~~~:i:!~t before named were duly appointed electors in and by said po,yers given to it., said no authority can reverse the original action of The ground of this decision, stated briefly, as required by said act, is as fol- the State for mistake in law or fact, for fraud or for any cause what- 10T~~t it is not competent under the Constitution and the law, as it existed at ever. A deaf ear was turned to the State, and upon a plea of a want the date of the passage of said act, to go into evidence aliunde on the papers of jurisdiction her remonstrances were unheeded, and Mr. Hayes re­ opened by the President of the Senate in the presence of the two Houses to ceived the four electoral votes of Florida, notwithstanding her execu­ prove that other persons than those regularly certified to by the governor of tive, legislative, and judicial determinations to the contrar~. the State of Florida, in and according to the determinatiou and declaraL;on. of J their Rppointment by the board of State canvassers of said state prior to the A result thus reached, while it settled the controversy over the pos- time required for t.he performance of their duties, had been appointed electors, session of the Presidential office, did not settle the question as to whom .or by counter-proof to show that they had not, and that all proceedings of the the people elected. That is a question that history must settle, and courts or acts of the Legislature, or of the executive of Florida, subsequent to t.he fac .. " and circumstances I ba-.re reci'ted ,vi'll not down at the bi"d- the casting of the votes of the electors on the prescribed day arc inadmissible II') • for any such purpose. ding of any one. The contempt of no man, however high a.nd power- With reference to this opinion I wish to say that the commission ful be may be, will prevent the future historian from making his in­ did not have to go into evidence aliunde the papers opened by the Pres- vestigations and reaching his conclusions. The case will be reviewed, ident of the Senate to obtain the proof of the action of the State in every witness will be heard, every motive will be weighed, every doc­ correcting the wrong and fraud of the first State canvassing board and ument which may throw light upon these transactions will be searched the false certificate given by Governor Stearns. Such evidence was a and studied, and I have no doubt as to the final verdict. In fact, the part of the record. absolute forgetfulness of Mr. Hayes by the American people since the They did not find that the people of Florida bad chosen the Hayes expiration of the Presidential term that he filled is their verdict upon electors; they only found that the :first State canvassers had so declared the facts of the ~lectoral struggle of 1876. and that Governor Stearns had so certified, fa-cts which the whole In closing this subject I pi<)fose to group upon the record the opiu­ country knew befor~ the Electoral Commission was organized. They ions of some prominent Republicans as to the vote of Florida in 1876, further found that 1t was not competent for them " to consider the and I shall select men who were in a position to know the truth, and proceedings of the courts or acta of the Le2:isla.ture or of the executive some of them were actors in the scenes I have described, others were of the State subsequent to the casting of-the votes of the Legislature witnesses, but all have at some time expressed their views, and this on the prescribed day." And all such evidence, though it was part and testimony is against their interests and wishes, which of course adds to parcel of the record, and with the papers opened fn the presence of the the strength and value of their statements. · two Houses, was rejected as inadmissible. General Francis C. Barlow, a distinguished Union soldier, formerly The reasoning upon which the commission acted was clearly and attorney-general of New York, a gentleman of the highest character forcibly stated by one of its members as follows: and at that time a Republican, and to use his own words "pretty vehe- Wben the agencies which the St!tte bas selected have acted, the State has ment ' 1 in his party opinions, went to Florida at the request of Presi­ acted; no power can reverse its action for mistake in law or fact. for fraud or dent Grant as one of the visitinp; statesmen. 8294 -coNGRESSIONAL RECORD-_SENATE, SEPTEMBER 5,

The following extract from a letter of President Grant to General full sympathy with us. I can not say-how far my action may have been in­ Sherman dated November about the time he requested Gen­ fluenced by the intense excitement that prevailed around me, or how far my 10, 1876, partisan zeal may have led me into error-neither can I say bow far my course eral Barlow and other gentlemen to visit Florida and other Southern was influenced by the promises made by Governor Noyes that if 1\Ir. Hayes be­ St..e my motives to a higher tribunal. could be decided either way without doing violence to a public sense of justice, SAML. B. McLIN. it was fairly allowable in politics that I should always lean to my own party, and give my decision in its favor, even at the haza.rd of straining a point. At The views of the Republican chief-justice of the supreme court of no t ime did I feel that I occupied the position of a judge charged with the duty Florida, E. M. Randall, and the associate justice, R. B. Van Valken­ of a strict and nice weighing and balancing of all the evidence presented. Lookjng back now to that time I feel thattherewa.sacombination of influences burgh, have already been referred to. The whole q~estion ·. was before that must ha\e operated most powerfully in blinding my judgment and sway­ them, and their solemn judgment was in favor of the Tilden electors. ing my action. L. G. Dennis was an active Republican partisan, familiar with all the.... I had been for many years and was at the time of the canvass a very active pa1·ti.san. I sincerely thought that our State and the nation would suffer irre­ circumstances. His ..sworn statement as to the Archer fraud, already parable injury if the Democratic party were to obtain the Presidency and the submitted, and his testimony taken since the completion of the work policy of hatred to the negro should obtain control at Washington. It was the of 1876, are conclusive as to the actual result. The record shows that he common and universal talk that the very existenc:e of the men who in the South had upheld the Republican party depended upon the election of 1\Ir. Hayes. was indorsed by some of the leading Republicans of the country when 1\Ir. Hayes would sustain them throughout the South, while 1\Ir. Tilden would he came to Washington to get an office in 1877 after 1\Ir. Hayes was in­ crush them. augurated. He plainly says that he warned one of the visiting Repub­ I was shown numerous telegrams addressed to Governor Stearns and others from the trusted leaders of the Republican party in the North, insisting that lican statesmen, who had a controlling influence in the management of the salvation of the country depended upon the vote of Florida being cast for the Republican interests before the board of State canvassers, and who Hayes. These telegrams came from those to whom I had been accustomed to wanted Dennis to go upon the stand as a witness, not to introduce him defer; the chairman of the national committee and the man who was the near­ est personal friend of l\Ir. Hayes bad conducted the canvass. These telegrams unless he wanted to lose his case. And he accepted the suggestion and also ga-,e assurance of the forthcoming of.money and troops if necessary in se­ Dennis was not called upon to testify. curing the victory for l\Ir. Hayes. Following these telegrams trusted northern The last Republican whom I shall now call is William J. Purmn,n. Repub I icans, party leaders and personal friends.of Mr. Hayes, arrived iu Florida as rapidly as the railroads could bring them. I was surrounded by these men, In 1876 he was a Representative in Congress from the first Congres­ who were ardent Republicans, and especially by friends of Governor Hayes. sional district of Florida and a candidate for re-election. If the work One gentleman particularly, Governor Noyes, of Ohio, w~ understood to rep­ of McLin and Cowgill in counting in the Hayes electors in the State resent him and ~

I • 1888. CONGRESSIONAL RECORD-SENATE. 8295 tion. He was as well informed with re2:ard to the inside history of the A bill (H. R. 7933) providing for the exchange of worn, defaced, election and count as any member of his party. He was a Dian of cour­ clipped, punched, or otherwise mutilated silver coins of the United age and was always aggressive in maintaining his rights. But he could States, of smaller denomination than one dollar, for new or unworn sub­ not stand up before the facts of this case and contend for the seat in the sidiary. silver coin at designated places and nnder certain circumstances. other House to which the board of State canvassers had aeclared him elected. He voluntarily gave it up. He made no contest, and his op­ CHINESE lliMIGRATIO:s-. ponent was afterwards sworn in without objection from him. 1\Ir. STEWART. I ask unanimous consent that the regular order On the 14th day of February, A. D. 1877, he made. a speech in the be laid aside temporarily that the Senate may proceed to the consider­ House of Representati>es upon this subject of the then recent Florida ation of the Chinese restriction bill. election, from which the following extracts are taken, and nothing ever The PRESIDENT pro tempore. The Senate as in Committee of the occurred in his subsequent career to ca~e any suspicion or charge that Whole resumes the consideration of the unfinished business, being the his distinct declarations that Tilden was entitled to the vote of Florida bill (S. 12) to provide for the formation and admission into the Union wero prompted by self-interest. He spoke as a Republican . having of the State of Washington, and for other purposes, which the Senator faith in his political principles, but believing that there was something from Nevada. asks may be inform..'llly laid aside for the purpose of en­ higher and nobler than a blind adherence to his party, whether right abling him to move the consideration of the Chinese restriction bill. Is or wrong. there objection? · The Chair hears none. In the beginning of his speech he said: The Senate, as in Committee of tqe Whole, resumed the considem­ 1\fr. PURMAN. Mr. Speaker, there are times in the life of man when silence tioi1 of bill H. R. 11336, a supplement to an act entitled ".An act to under painful circumstances is a. synonym for caution, and duty undischarged execute certain treaty stipulations relating to Chinese," approved the may pass as only individual dereliction; but there come exjgencies in the life of representatives, whether upon this floor or in other bodies, when silence is 6th day of 1\Iay, 1882. . a crime and duty unfulfilled may be treason to conscience, constituency, and The PRESIDENT pro tempo1·e. If there be no amendment to the country. bill as in Committee of the Whole, it will be-reported to the Senate. T hen, after giving some account of the period of the second recon­ The bill wasniported to the Senate without amendment and ordered struction in Florida, he continues: to a third reading, and was read the third time. Tho Republican party in our State, with all its dissensions healed and with the The PRESIDENT pro te-mpore. Having been read threo times, shall whole machinery of the State government in ~ts hands, went into the last cam­ paign determined to win if our own resources and efforts, coupled with the most the bill pass? heroic devotion on the part of our voters, could achieve such an end. 1\fr. VEST. I ask for the yeas nnd nays on the passage of the bill. Free speech and free locomotion were enjoyed to the fullest extent by the The PRESIDENT pro tempore. Upon this question the Senator from speakers and manager of both sides, and at no time during the campaign or Missouri asks that the yeas and nays may be entered on the Journal. from n.ny portion of the State came up any cry of intimidation, with one or two mi.no ;· exceptions. It was without exception the most peaceful election ever The yeas and nays were ordered. held in the 'tate, and not one case of violence or disturbance on election day Mr. GEORGE. 1\fr. President, I desire to snbmit some more obser­ has come to my kno\>:ledgc. vations upon the bill before it is voted. upon. I :find myself, however, It seemed the peculiar privilege of the Republicans to win under all these ad­ Tantngeous circumstances, but it is a fact, sir, which I can not stand :upon this this morning not physically qualified to do that, and I ask that the floor and deny, and which everv man, woman, and child in my State knows, vote on the bill may be postponed until to-morrow morning, when I that Florida was lost by the Republican party in the late election, and that the shall endeavor-- Democratic governor and the Tilden electors were truly el ~cted. lApplause on the floor and in the galleries.] Mr. TELLER. Ob, no. I UJak.e-this declaration now under the most solemn sense of public duty and Mr. STEWART. No, no. from an irresistible feeling of obligation to the people of my State, who have a. If right. to expect that, however partisan their Representative may be in his polit­ 1\Ir: GEORGE. I make that request. it is not granted I shn.ll ical f,lith, h e should at least on questions of public fact be an honest man. But, go on in the best way I can, though I do not feel as if I could do jus­ sir, I would not be understood in making this declaration as laying claim to any tice either to myself or to the subject. I have a headache and a sore unu ·ual amount of honesty or conscience, but I only assert mY knowledge of throat. the facts. · I love the principles of the Republican party, and for their sake have been The PRESIDENT pro tempore. The Senator from Mississippi asks singed by the fires of martyrdom,andi believe in the ultimate triumph of its re­ unanimous consent that the voto upon the passage of the bill be post­ generating mission, but I cannot return to my State an read twice by its title and referred to the Mr. .STEW ART . I understand that the Senator from Mississippi is Committee on the Judiciary. for the bil1, ancl as to any remarks he wants to make on the Chinese question there is no limitation on him; he can just as well make them MESSAGE FRO::.II THE HOUSE. on any other bill or on any other measure. He can bring the question A. message from the House of Representatives, by 1\Ir. CL..4..RK, its up and make his speech at any time; it will not cut him off. If he C'lerk, returned to the S-enate, in compliance with its request, the fol- were opposed to the bill and wanted to assign reasons why it should lowing bills: • not pass, I would not make the objection. · A. bill (S. 3086) granting a pension to Victor, Gertrude, Mn.rgaret, :Mr. BUTLER. May I ask the Senator from Nevada, why this great aml Helen, minor children of Lieut. George R. McGuire; and haste? A bill (S. 3087) ~anting a pension to lfary A. Pfeiffer. 1\fr. GEORGE. I would be glad to have the opportunity-- The message also announced that the Honse had passed the follow­ 1.\fr. BUTLER. I.do not want to interrupt the Senator f1·om 1\Iis­ ing bills; in which it requested the concurrence of the Senate: sissippi; but I wish merely to inquire of the Senator from Ne-vada, why A bill (H. R. 1873) to limit the jurisilictio~ of the district and cir­ this great haste? cuit court~ of the United States; and 1\ir. GEORGE. .A.ll1ight.

I. 8296 CONGR.ESSIONAL RECORD- SENATE. 8EPTE1\ffiER 5,

Mr. BUTLER. I was simply going to inquire of the Senator from the consideration of this matter until to-morrow. It seems to be the Nevada why the usual courtesy of the Senate should be violated in this wish of the Senate that I should proceed, and I will do so in the best particular instance and this bill should be railroaded through the Sen- '!ay I can and to the extent that I may be able to pursue the discus­ ate. I should be very glad if the Senator would gi>e some reason for it. s1ou. When I left the Senate Chamber on Monday the Senator bad up for con- · :Mr. GEORGE. Mr. President. in the outset I believe I shall allude sideration the bill for the admission of Washington Territory, and he to a declara~ion ffi:ade by ~be Senatcr from Colorado [Mr. '.r.n:LLER], in­ made a very earnest appeal to me to help him in its passage. When I tended to discred1tanythrng that I or any other Senator up ~ n this side came back I found that the Chinese ·bill bad come in and that be had of the Chamberwhocomesfrom tbeSontll may say because we ha\e been abandoned his pet scheme for the admission of ·washington Territory slaveholders. That objection to our participation in the discu · iou of anti tl~at this bill must be railroaded through the Senate. questions before this body has been m:1.de on several oc:!a.Sions, as if we I shoulu b.e \ery glad, I say, if some explanation could be given why who are here as American citizens and American Senators, represent­ what I understand to be the usual courtesy of the Senate should be i~g with equa~ rights equal and sovereign States of the Union, a re en­ -violated, and this bill hurried through in this form. titled to less liberty of thought and less liberty of speech than is ac- 1\fr. STEWART. I am the last man to violate the courtesy of the corded to other Senators en this floor. Senate, but several Senators who take an interest in the 'Vashington I was a slaveholder. I was a slaveholder in a very small way, how­ Territory bill, among them the Senator from Indiana [Mr. VooRHEES], ever. I was a slaveholder by inheritance. My 1ather before me was went away this afternoon supposing that the time to-day would be oc- a slaveholder. It was not understood in the section from which I copied by the Chinese restriction bill. They desire very much to be came at that time that the holding of slaves was immoral or sinful. present when the Washington Territory bill is under consideration, and The Senator from Colorado yesterday twitted me with the banter t.hat I told them that undoubtedly the restriction bill would be taken up I Y~'ould not get up now and say that I thought that slaveholding was to-day. a sm. As I said before, the Senator from Mississippi is in favor of the bill, 1\ir. President, whatever may be my \iews upon the sinfulness or anu if be wants to make a speech on the Chinese question be can do righteousness of slavebolding is a. matter that I suppose no mortal man that. at any time. Of course if be were opposed to the bill it would be no human creature within the broad limits of the country has the sliab~ against the courtesy of the body to refuse to grant his request, but he est interest in; and certainly I have thought-anti that is the main idea is in favor of the bill. tb~t _I desire to present in xeference to that-that whatever may be my Mr. BUTLEH. That is not the question at all. The Senator from opm10ns now or whatever may have been my opinions heretofore upon Mississippi has announced that be is sick and can not proceed without the question of the sinfulness or the contrary of slavery, was not a dis­ great personal and physical inconvenience. That is the point I make, qualification to the proper performance of my duties as a Senator. In and the Senator from Nevada insists that the Senator from Mississippi the one hundred years of our nation2l life, including that dark, that shhll go on and deliver his speech when he is sick. perilous period of seven years in which we were contesting for the priv- Mr. STEW.ART. I do not insist upon his going on with his speech. ilege of having a national life, it bad not been r egarded· by the great He can make his speech to-morrow morning. body of the American people, or, so far as I know, by any considerable Mr. BUTLER. That is not the point. The Renator from Mississippi portion of them, that being a slaveholder in the present, much less wishes to speak to this bill. b:1ving been a slaveholder a quarter of n. century before, was any im- Mr. SPOONER. I hope the Senator from Mississippi will not go on peacbment of the patriotism of the person thus situated or was any dis­ at this time if, as he states, and as I have no doubt is the fact, he is ill qualification for the performance of the highest and most important and can not proceed without great discomfort and pain to himself. I duties which a citizen of the United States can owe to his country. understand him simply to ask that the bill be postponed until to-morrow When George Washington was called to take command of the Con­ in order that be might then without pain and suffering make some re- tinental Army and proceeded to Boston, then bele.:'tgured by the Brit­ marks upon it. ish forces; when from n.ll the great men who adorned our history at :Mr. GEORGE. I am very much obliged to the Senator from Wi3- that time the Continental Congress selected him as the hope and the cousin, but- foundation for any success we might have in our contest with the Brit- ~fr. STEW.ART. Under the circumstances I shall not press my ob- ish Empire, it was not considered a disqualification to him that he jection. owned slaves; it was no impeachment of his ability, of his patriotism, Mr. GEORGE. I shall not press the request any further. of his fidelity to the cause of the United States. So after relying on Mr. ST'EWART. I withdraw my objection. him during the seven dark years in which the weak and feeble colonies, Mr. CULLOM. The objection is withdrawn. in every one of which I believe at that time slavery was lawful-! say Mr. STEW.ART. I withdraw my objection if that is the view Sen- under him, a slaveholder, leading the weak and feeble, comparatively a tors take of it. so, armies of these colonies against the strongest power on earth, the Irlr. TELLER. Then let us ·have nn agreement to take up the bill country reached freedom and independence. And during that whole to-morrow morning. time there was not one man in all this broad land who doubted that Mr. STEW.ART. I ask unanimous consent that the bill be taken . be would perform his duty as ably, as faithfully, as if he were a non­ up to-morrow aft-er the formal morning business, n.nd that it be con- slaveholder. tin ned until it is disposed of without any intervening busine....c:s. And so, sir, after our struggles, through the Confederation, when it Mr. GEORGE. I understand, then, that the request which I made became obvious to the thinking ~en of this country that there must has been acceded to by unanimous consent. Is that true.? be a closer and n. better union between the States than existed under The PRESIDENT pro tempore. It was not acceded to. the Articles of Confederation; when the great spirits, the great minds Mr. GEORGE. Then am I to proceed now? of this country were called in consultation to form a new bond of union, The PRESIDENT pro tempore. The Senator from Nevada withdraws to form that Constitution under which we now live-aud which, allow b.iE objection, and asks that the consideration of the bill be resumed to- me to say parenthetically, if we observe it and obey it with fidelity to morrow morning at the close of the formal routine business, to be pro- its provisions will continue for many ages to come, as it has in the ceeded with thence until concluded. past, to make us a great and prosperous people-when the great and Mr. GEORGE. That would incidentally grant my request? the patriotic spirits of this land were called together to form this Union, :Mr. SPOONER. Certainly. and form the Constitution under which we live, that s:1me man who, The PRESIDENT p1·o tempo1·e. The Senator from l\fississipni would as a slaveholder, bad led our armies through the Revolution was called be entitled to the floor, if be takes it now for that purpose, when the to preside over the deliberations of the convention. It;~ that same body consideration of the bill should be resumed to-morrow morning. the men who most gave shape and form to that grand ll1stnliDent, that Mr. BROWN. Let it go over. palladium of our liberties, were slaveholders representing slavebold- The PRESIDENT pro tempore. Is there objection to the request of ing constituencies. the Senator from Nevada? 'Vhen the new Government had been formed, when in '1\ea.kncss wo Mr. HOAR. Is .there not something set down, by unanimous con- were inaugurating the exper~ment of. free institutions in this co~utry, sent, for immediately after the routine business to-morrow morning? su_ rro~mded by powe:ful natiOns lo?km~ on u~ and on ~he ex1~e1'1ment The PRESIDENT pro tempore. The Senator from Illinois [Mr. F .A.R- w:th Jealou~y and With ~ope that 1~ ~.t;~Jght fail; when It r~rpurcd the WELL] obtained unanimous consent that tbl:l question concerning the l:Ig_hest gemus and the h1gl~es~ patriotism to ~nard ~nu glllde the d~.­ electric-motor street railway in this city should be considered at the t1mes of the young Republic through the penis which surrounded It: close of the morning business to-m01-row. that. same man was called to the. be~m . H~ was a slave-holder still, Mr. STEWART. Then I will put the hour at 1 o'clock to-morrow. and It was not regarded as an obJect1on to him that h~ was lmo'm to .Mr. GEORGE. I will tell you what I will do. I shall go on the be such. Slave-holders were in his Cabinet, and from that time nutil best way I can no}V. our unhappy civil war most of the great men-many were not in tb.t Mr. FARWELL. Mr. President- - position...... :. but most of the great men who guided the destinies of i!1i~ The PRESIDENT pro tempore. The Senator from Mississippi_has country, who made it honored at home and respected abro:td by their the floor. patriotism aJ?-d their genius, were slave-holders. Jefferson w:-ts a sbvc- ll1r. GEORGE. I shall have to apologize to the Senate for the very holder, J\Iad1son and Monroe were slav.e-bolders; Henry Clay ~ncl An­ desultory and disjointed way in which I shall discuss the question to- drew Jac~son were slave-holders. I will not go throu~b the_ h · ~; you day for the reasons which I stated when I asked for a postponement of, all know It. They were allowed free speech and free dlSCL1...C:St0n m the 1888.· ·coNGRESSIONAL RECORD-SENATE. 8297 councils of the nation, and it was not objected to them that their coun­ now, as expressed by a distinguished and great Senator on this floor. the cils and their voices were not to be heard because they were slave­ Senator from Vermont [ Ir. EDMUNDS], that the history of the world holders. had shown from Aristotie to Webster, two thousand years, that ho­ So I do not think that having been a slave-holder by inheritance, hav­ mogeneity in races was a necessary condition of government, I voted ing twenty-five years ago lost my slaves, having, as I believe and as I as I did. · aver, discharged all the duties of the relation of master to slave with My own land was cursed with the want of that homogeneity, and humanity and with due respect to the unfortunate beings under my feeling this deeply, when my brothers of the Pacific coast carne here control, having acquiesced fully, freely, without merital reservation or complaining that they were being ruined by the presence of the Chinese evasion, in the destruction of that institution, having avowed my sin­ I went with alacrity to their help. In surveying the field I thought cere conviction that I had no regrets for the destruction of the institu­ that whether African citizenship should prove a success or not-and tion, that I would not under any circumstances for one moment l1arbor about that I say nothing-at least it was snch a perilous experiment ·the thought or suspicion of its restoration, and that I am glad it has de­ that I would not inflict a similar trial upon any other portion of the - parted forever; having pledged my faith by a solemn oath to support American people. It was said-and I felt it-that these barbarians, un­ the Constitution of my count.ry, in which is embedded an article which used to the comforts, unsupplied even in their own country with the nec­ declares that slavery is forever prohibited; having in no act of my public essa.riesoflife, frugal, thrifty, capable of great endurance, came here and life and in no act of my private life violated or sought to violate that competed with the American laborer; I felt that their presence here provision of the Constitution, and having since my service in this Cham­ was a hardship and an injustice to the men and women who by their ber, as every member on eithE?r side of it can testify who has observed labor create all oux wealth and receive for their share so little of it. me, given expression to no sentiment and cast no vote which looked in I never believed in that sentimental doctl'ine which dedicated the a direction contrary to the article or provision in the Constitution to American continent to the people of all parts of this world without wllich I have alluded, I claim as an American Senator, acting under reference to their fitness to be our politica.l associates. I never believed my oath to discharge my duty here faithfully to the people of this in the inherent and inalienable right of any foreigner to come to Amer­ whole country, an oath which I int.eud to redeem in its letter and in ica and become a part of our body-politic. I believed that this grand itsspiritupon everyquestion on which I maybe called to act-I claim continent, won first by the heroism of the fathers of 1776, added to after all this free speech as an American Senator; I claim the right of afterwards by the genius of Jefferson in the treaty under which he free discussion as an American Senator, and I claim that no impeach­ purchased Louisiana, and then enlarged by the genius of Winfield ment either of the authority or weight of anything that I may say can Scott and Zachary Taylor :md their brave comrades to its present be laid upon the fact that I was once a slave-holder. . boundaries, was American ground. I believed it belonged to Ameri­ Upon these sectional 'questions, and upon all questions on which I cans and for such partners only from other countries as they might see have been called to act as an American Senator, .r have endeavored to proper to admit, and I did not believe that to that partnership-speak­ act, and I believe I have acted precisely as I would have acted if I had ing now of foreigners, not the native-born-should be admitted any worn the Union uniform during the war. hut those of the Caucasian race. If that be treason, then I am guilty. The war is over. It was a sad calamity to me and mine. If I have So from the very moment this Chinese question arose in the Ameri­ had one wish above all other aspirations since the unfortunate conflict can councils for legislative action the impulses of roy heart and my ended it is that American politics and American statesmanship sh.oulcl head have been to carry out that idea and to keep this grand country be so conducted that the wounds on eith(>r side made by that fratri­ of ours.for ourselves and for our posterity and for foreigners only of cidal conflict might be healed; that there should be, as our fathers in­ the white race. tended there should be, no division, no heart-burnings, no sectional Mr. President, there are some observations that. I cleshe now to lines in the United States. I have stTiven-and if I have failed in that make in answer to the speech made by the Senator from Colorado. it is because I was unable and too weak in the bead to carry out-the I charge, and will make that charge good, that the lawful introduction dictates of the heart-! have striven since the cause of the great quar­ of the Chinese into this country was the result of the action of the Re­ rel which once divided us bas been removed, that there should be no publican party. I pointed to the treaty of 1868 as opening the door, North, no South, no East, no West in politics, but that there should which Republican Senators have said they were so anxious to shut, by be such communion, such consultation and agreement by Senators and which Chinese immigration should come. In that I was, sir, mistaken. Representatives from all parts of tlfis country as would seek no other It was the first time the door was opened when we contractell that end, no other purpose than to make all this country everywhere great, we would not shut it, pledged our national faith and honor that we prosperous, and happy. would not shut it., but it had been opened before, not, as the Senator So, sir, I say it can not be fairly used as an impeachment of any ar­ from Colorado says, by the treaty of 1844 and the treaty of 1858. In gument I may make here that I once believed in slavery. Did you those treaties, which I have before me-I will not read them, but I have wage the war-speaking now to my Northern friends-did you wage re.ad them under the necessities of this debate, and I make this state­ the war fox a real Union, or did you wage it for the purpose of subju­ ment, that neither in the treaty of 1844 nor in the treaty of 1858 is gating a portion of the American people? \Vas all that bloodshed, there a single provision which gives a right to China or to Chinamen. was all that destruction and devastation which followed in the track Both were unilateral treaties, both contained stipulations only in favor of either army, only to make good that the Southern man, the South­ ot Americans, not one in favor of Chinese. They were commercial ern white man, should be the subject and the inferior of the Northern treaties. The treaty of 1844 broke down the Chinese wall which ex­ white man? If such was your purpose I did not so underst:md it. If cluded us from trade with China. Under that treaty we went to such be your purpose now, commence yom· war again; for as long as I China, with what rights? They were commercial rights in five ports, live as an American citizen, as long as any decent white man in the and five ports only. In getting these rights for our merchants, for our South shall live as an American citizen, I will and he will claim and vessels, ior our traders, we did not concede to China or to any China­ will have for our l1eritage equality with all the other people of this man one single right of any character whatever. If I am mistaken in country. that, I ask the Senators who see my mistake to point it out. I chal­ In the beginning, when your fathers and our fathers-no, I will not Jenge a contravention and dispute of that proposition. There is not use that expression-when our fathers, meaning all, North and South, a single stipulation in either treaty except to give to Americans rights in put their fortunes and the fortunes of the thirteen colonies to the Cbin~; nota single provision to give Chinamen rights in America. And perils and hazards of war, when they came after the war was over to so when the Senator from Colorado said that there was but little differ­ erect on this continent the free institutions under which we live, it. was ence between the two except in the provision in the fifth article of the · understood that all were equaL The Union could not have been formed treaty of 1868, he seriously erred. without such a sentiment; the Union can not be preserved without w·hen was the first door opened? Before I go to that, I suppose that such a sentiment. It is not a preservation of the Union for one part of I ought to say something about what we all recognize to be correct con­ the country to hold in subjugation another part. That of itself is the stitutional law upon that subject. It has been pointed out by the Sen­ destruction of any real union. ator from Oregon and repeated by the Senator from Colorado that Chi­ So, Mr. President, when I took my seat here, now about eight years nese came here in large numbers before the treaty of 1868. I confess I ago, I entered into all the questions which concerned the American did not know as much about that as I do now since I have heard those people and any part of the American people with the same determ­ Se11ators. I bad heard no complaint of Chinamen being here before ination to do what my heart and my head told me was right with that time. I had seen no Chinamen here, and I had supposed that i! reference to them, whether the particular section from which I come there were any in this country prior to that time they were fewindeed. had an interest in that particular question or not. The very first But it seems there were a gre..1.t many. They came here, as I under­ speech I ever delivered in this Chamber (except one of personal de­ stand, under the invitation of California; and it is good constitutional fense into which I was precipitated very soon after I took my seat law that as to who shall come within the borders of a ~tate, until the here) was to ad vocate a bill then pending before the American Sen­ treaty-making power or law· making power of the United States is put ate to exclude the Chinese from this country. I did not vote for tbat in force, or until as a commercia,! regulation the United States shall act, bill, I did not speak for that bill, because the presence of Chinese jn each State acts for itself. this country was -a special injury to the State in which !live or an in­ I am not prepared nor if I were would I go into a discussion of the jury to the section from which I come. No Chinese were there, but question whether the people of California or the people of Colorado feeling deeply from sad experience the dan!J:ers of a commingling upon acted wisely in admitting the Chinese. That is for them to qecide; it the same soil of diverse races, and believing as I did then and as I do is a question for them to act upon. I have nothing to do with any- ' 8298 CONGRESSIONAL RECORD-SENATE. SEPTEJ\IBER 5' thing except with national questions and with the action of the Gov­ and do business here upon the same terms and with tne same pnv­ ernment of the United States upon that subject. ileges as the citizens of the most fa:vored nation. When was the national door first opened to the admission of the That is not all that happened in 1868 and along there. These are Chinese, and who did it? It was done in 1862 by a statute: The Sena­ not accidental provisions. There had been a hallucination, there was tor from Colorado read one section of that statute, and found it con­ then a hallucination in the public mind on these que tions which venient to omit the reading of another important section of it. The showed themselves in statutes, and I shall read one of them. In the Senator read section 2158, being a section of the act pa,ssed in 1862, and same year there wa.s another statute passed. In the same month and he relied upon that to show that the Republican party had been against within three da.ys of this treaty there was this kind of a ~tatuto passed Chinese immigration very early. If he had read another part of that by the Congress of the United States: same statute be would have found that there was an express provision 'Vhereas, the right of expatriation is a natural and inherent 1·ight of all people for the entrance of the Chinese here. indispensable to the enjoyment of the rights of life, liberty, and the pm-suit of In the first place, the Senator entirely misconceives the legal effect happiness, etc. . and meaning of section 2158. He claims that that was a provision to The right of expatriation seemed to have been a favorite idea just at prevent coolie immigration into the United States, when it has no such that time, and yet the Senator says all that means only this, that the effect. I will read it, and I call the careful attention of the Sena.tor to right of expatriation is to be exercised with the consent of somebody the reading of it: else. Is not that a very remarkable inherent and inalienable right _ No citizen of the United Stdcs, o1· foreigner coming into or residing within which a man can not exercise without the consent of somebody else, the same, shall, for himself or for any othe.J; pel'son, either as master, factor, for iust as soon as the consent is refused then the right instead of being owner, or otherwi<>e, build, equip, load, or otherwise prepare any vessel, reg­ inherent is lost, and instead of being inalienable it is taken away? istered, enrolled, or licen ed in the United States, for the purpose of procuring from any port or place the subjects of China., Japan, or of any other orienta l Now, let us stop a minute and think about this grand declaration country, known as" coolies," to be transported- here as to inherent and inalienable rights which can only be exercised Where? To the United State-s? No, sir- by the consent of the country to which the man comes. ·Suppose the country does not agree to his eoming, then what becomes of your in­ to be transported to any foreign port or place, to be disposed of, or sold, or trans­ ferred, for any time, as sen-ants or apprentices, or to be held to service or labor. herent and inalienable right? Yet that seems to have been a halluci­ nation which was •ery common in 1868. It becomes a mere inherent It was simply a statute to prohibit our seamen from engaging in what and inalienable right to leave one's own eountrv-to throw off his is called the slave-trade with coolies. It had no reference to the im­ native allegiance-leaving the party thus acting~ without a country portation of Chinese or Japanese into this country, and that is proved until some other country shall see proper to receive him. by another section of the statute, which I will read, and which the I wish to call attention to another act to show how the Government Senator from Colorado did not read, a section of the same statute, paEsed was bent at that til)le on Chinese immigration. On the 31st day of in 1 62: May, 1870, I find that the following provision was enacted by Congress, SEc. 2162. Nothing herein contained shall be deemed to apply to any volun­ and it is incorporated in the Revised Statutes as section 2164: tary emigration of the subjects specified in section 2158, or to any vessel carry- ing such person as passenger on board the same. . SEc. 2164. No tax or charge sb:J.ll be imposed or enforced by any State upon any person immjgrating thereto from a foreign country which is not equally So in the very statute to which the Senator alluded as prohibitiug imvosed and enforced upon every person immigrating to such State from any the importation of Chinese into this eountry there is an express pro­ other foreign country. · visic. n for their coming into this country. I was a little mistaken in my That is a section taken from the civil rights act of 1870, a sta.tute speech a few days ago in supposing and stating thafthe treaty of 1868 which everybody will recognize was passed to prevent any discrimina­ opened the door: It had been opened six years before that time by tion between citizens here on account of race or color, and whilst the the act to which I have called attention. That act was in force and Republican party were doing that in order to put the white man and under it Chinese immigration was taking place year by year when the the negro in the same bed and at the same table in social life in the United States came to make the treaty of 1868,-which was the cause South, and which the Supreme Court decided t:> be unconstitutional, of all our sorrows. If the matter had stood upon the sh>tute it would they were so fnll of the ide:l. of Chinese immigration and Japanese im­ have been in our power to repeal it at any time without any impeach­ migration and alrthat sort of thing that theyincorporatedin that very ment of our honor, without any charge that we had broken faith with statute the provision which I have ju~t read, so that no matter how another treaty-making power. It would have been then not only in objectionable Chinese immigration might be and however desirable our competency to have repealed the law but to have enacted one Irish immigration and English immigration and German immigration wholly prohibiting the Chinese from coming here. and Scandinavian immigration might be, they just said to the States, Bnt 1868 seems to have been a year of fruitful error in reference to ''Yon sh:l.ll not tax the Chinese any more than you tax the others.'' these matters. We had the treaty, to which I desire to call the atten­ As I understood the Senator from Colorado, the burden of his speech tion of the Senate again, because on that the Senator from Colorado was to show that the Republican party bad been all along fighting, and myself differ very much. The Senator said that Article V was striving to keep the Chinese out of this 1eonntry. Yet here there were nothing more than an abstract declaration of a doctrine which is called acts by which you not only invited them here in 1862, but you con­ the American doctrine, but he was mistaken about that as he was about tracted in 1868 that they should come. And what was do~e two years other matters. afterwards? Californi~ possibly (I do not know about that, it may be I read from that article of the treaty of 1868: the Senator from Oregon or the Senator from Nevada or some of them ARTICLE V. can tell me) had commenced discriminating against and taxing the The United States of America and the Emperor of China cordiaily recognize Chinese, or they were talking about doing it; and right then the Re­ the inherent and inalienable right of man to change his home and allegiance- publican Congress said, ''You shall not do that; you shall not tax a If it had stopped there the Senator woulcl have been right, but it Chinaman any more than you shall tax an Irishman.'' That brings us did not stop there- down to 1870. How did we stand then? M:r. MITCHELL. · Towhatsectionofthe Revised Statutes does the and also- Senator refer? They cordi.'l.lly recognize- :M:r. GEORGE. About th~ tax? the mutual advantage of the free migration and emigration of their citizens and Mr. MITCHELL. Yes, sir. subjects respectively from the one conntry to the other for the purposes of curi- o sity, of trade, or as permanent residents. · Mr. GEORGE. I refer to section 2164 of the Revised Statutes, which It ceased to ~e abstract when this doctrine was expreqgly applied by is a section of the civil-rights act of 1870, and! have read that this morn­ the treaty to the coming of Chinese here and to the going of Americans ing. It is a section of the act by which it was intended to make white to China. Butthatis not allot the treaty, :M:r. President. Youmight men and colored men just the same, as if they were all the same color, say thatwas an ingenious argument. An ingenious man might getup only a little more so. In the civil-rights act you undertook to make a.JH tle argument to show that that did not mean anything. But if you the Southern white man and the Southern white woman the as ociate will go to Article VI you will see something even more significant. and companion of the eolored man and the colored woman. Havin!! Here was the st..'ttute of 1862 in force, and here is Article VI. After got your hand in at that, you concluded you would make the Irishman providing for the citizens of the United States visiting and residing in and the Chinaman and the Chinese woman equals in all respects what­ China, which was in the other treaties, they came on and for the first ever. And yet you pretend that you love the Irish and to welcome time said in this treaty: th~m to our shoret:, and at the s~me time you would exclude the Chinese. And, reciprocally, Chinese subjects visiting or residing in the United States shall enioy the same privileges, immunities, and exemptions jn respect to travel Those were your grand efforts~ as detailed by the Senator from Col­ or residence as may there be enjoyed by the citizens or subjects of the most orado, to keep the Chinamen out of this country. First was your act _ favored nation. of 1862, in which you prohibited the cooly trade between China and Ecre. is an express contract by which the Chinese are to have the England and China and Brazil and forgot to prohibit it between China same privileges of visiting this country, of doing business in this coun­ and the United States; and then, in another section, so anxious were try, and of residing in this country as an Englisl:pnan, or an Irishman, you for the Chinamen to come, you put in·a little provision that noth­ or a Frenchman, or any other foreigner. That makes it a little more ing said there should be construed irtto interfering w'ith any Chinaman than the mere abstract enunciation, as the Senator said in substance, or Japanese eoming into this country. of an American doctrine. It applied that doctrine by making it a That did very well for one statute, 1\Ir. President. Just for one stroke treaty right. that every Chinaman should eome here, and reside here, of the pen it did pretty well. But I suppose they were afraid tbnt; 1888. CONGRESSIONAL RECORD-SENATE. 8299 may be that the Democrats would get into power some time, though it :M:r. GEORGE. Read it and see. did not look very much like it then; and in six years they concluded Mr. 1\fiTCHELL. It simply restricts them from exercising a right they would make a bargain with China; that they would make a trade; they could exercise before the passage of that act. that they would pledge the national faith, the national honor, that for Ur. G"EORGE. It was regarded as a species of slave trade, and it all time to come this natural and inalienable right of a Chinaman and was confined to that. I read it here to the Senate. It is cop.fined ex­ of all mankind should be exercised by the Chinaman in coming to the clusively to preventing that. United States and residing here permanently., Mr. MITCHELL. To what section does the Senator refer? You were not satisfied with getting the Chinaman here by contract, Mr. GEORGE. To the first one, the one the Senator from Colorado _ but you contracted how he should be treated after be got here, and how read yesterday. was it? .Just as good as an Irishman or an Englishman or a French­ Mr. MITCHELL. The first section? man or a German or anybody else, and for fear he would not be given l'l1r. GEORGE. Yes. Read that carefully, and you will find that I the very best thing there was in the bouse, you did not specify these am right about it. men, because somebody might be left out who was in a better fix, and 1\Ir. MITCHELL. Eection 2158 reads as follows: so you contracted that they should be given the same righte~ privileges, SEC. 2158. No citizen of the United States, or foreigner coming into or residing and benefits as the citizens of the most favored nation, so that there within the same, shall for himself or any other person, either a s master, factor, owner, or other wise, build, eq uip, load, or otherwise prepare any vessel regis­ should not be anybody in all the broad -world who could stand better tered, enrolled, or licensed in the United States, for the purpose of procuring or higher than the Chinaman. from any port or place the subjecLs of China, Japan, or of any other oriental Yet my distinguished friend from Colorado t::~.lked about my effront­ country, known as " coolies," to be transported to any foreig n port- ery, I believe, in one part of his speech. I will not speak of his ef­ . Mr. GEORGE. To some other port. fontery. I will not say that. I am unequal to the occasion; I do not Mr. MITCHELL- know what word to use. If I were to say "audacity" that would be· or place, to be disposed of, or sold, or transferred, for any time, as scrv.l.Dts or about as me::~.n as "effrontery." and I do not want to be as bad as the apprentices, or to be held to service or labor. Senator from Colorado; but I will leave it out as being an occasion ".Any foreign port," I submit in all candor to the Senator from :Mis­ above my power to use the proper language, and I will just say this, sissippi, includes any port in the United States, which was a fo1·eign that the Senator from Colorado says the Republican party were all the port so far as the coolies were concerned. timd trying to keep these Chinese fellows out. That is the way they Mr. GEORGE. I thought that all ports of the United States were keptthemout! domestic ports and not foreign ports. \Ve will go on a little further. My distinguished friend seems to Mr. l'IITTCHELL. A United States port is "foreign" to the place have got this matter all wrong. I got a part of it wrong as to the time from which the coolies started. the door was opened and the number of Chinese who came here before 1\Ir. GEORGE. It does not say foreign to China; it just s::~.ys ':for­ 1868. I did not know anything about the statute of 1862. Uy atten­ eign." When an .American statute speaks of a foreigner or anything tion had never been called to that matter. The Senator from Oregon foreign it means something foreign to this country. [Mr. l'lfiTCJIELL J very kindly put me in possession of a lot of informa­ Mr. MI'l'CHELL. The Senator from Mississippi is too goo:i a. law­ tion that I did not have hefore, for which I am very much obliged. I yer and bas been too long on the bench to seriously advocate any such am very much obliged to ·the Senator from Oregon for that informa­ construction of the section as that. tioc. Mr. GEORGE. I am not going to argue that two and two make Mr. MITCHELL. I am always glad to be able to enlighten the four; but I hope I will be pardoned for repeating that when the word Sen:ttor. "forei?:n" is in a statute of the United States without words qualify­ l'!Ir. GEORGE. These Chinese have come over here since away back ing its meaning, it means something foreign to this country and not about 1851 or 1852, as I learned from the Senator. They had been foreign to any other country. coming here in droves since 1850, and then they were invited by the Mr. MITCHELL. What was the object of the law? Look to the act of 1862 to come in more, and now all these fellows are here, I sup­ reason of the thing. pose perhaps about two hundred thousand of them, everybody know­ .Mr. GEORGE. One of the first things I learned in studying law ing what kind of a set of fellows they were. They found that out, be­ was that you are to look at the *ords of the· statute where they are cause the Senator from Colorado, in order to prove up his Republican plain and unequi>ocal. side, read a message or an inaugural address from Governor Stanford l'l1r. MITCHELL. Certainly. in 1862, which was "i.x years before the treaty of 1868, in which Gov­ Mr. GEORGE. China is a foreign country. ernor Stanford said it will not do at all to allow the Chinese to come, l'lir. l'l1ITCHELL. The object of the law, tl.te Senator must admit, and he asked the State of California to take some measures to keep them was to prevent the bringing of coolies into the United States. out. They had been there; theywere nuisances there; they were so Mr. GEORGE. I do not know whether that was the object or not. bad that Governor Stanford bad to call the attention of the Legisla­ l'l1r. MITCHELL. Certainly it was. That was the object of the ture to them in his inaugural address; and yet in the very same year law unquestionably. that Governor Stanford was making that inaugural address to the Leg­ Mr. GEORGE. The law is so plain that I do not care to argue it islature of California here was the Republican party in the Congress of any more. the United States passing an act that they should come in. Worse than As the principal quarrel between the Senator from COlorado and my­ that, Mr. President, six years after that time, when according to the self is about the action of the Republican party, I believe I will ad­ Senator from Oregon they were coming in in shoals all the time, our dress my remarks now somewhat further to the action of the Republi­ Republican friends were so much in love with the idea that all men, can party in this matter. The Senator takesgreatcomfortfromareso­ whether they were black, yellow, or white, were the same thing ex­ lution intrpduced in the Republican convention of 1876 by the Senator actly, and that a Chinaman was as good as an Irishman, wit~ all these from Nevada [Mr. JoNES], and he says that means terrible things in evils depicted to them, with Governor Stanford standing on the shores the way of excluding Chinese from this country. What was the re3o­ of the Pacific coast, in a State which had to bear the brunt of this im­ lution as quoted by the Senator? ' migration, warning them, in the language quoted by the Senator from Since the authority to regulate immigration and intercourse between the Co1orado, that these fellows would not do, warning them that they United States and foreign nations rests with Congress, or with the United States were destructive to our civilization, and all that sort of thing, they and its treaty-making power, the Republican party,regarding the unrestricted- made the treaty. They did not do that ignorantly. They did it with Not the immigmtion oftbe Chinese, notauyimmigration of Chinese, their eyes wide open. So six years after all that they came and made but- the treaty of 1868 in which they bound us hand and foot so that we the unrestricted immigration of the Chinese as au evil of great magnitude, in­ could not do anything. That is the way my friend from Colorado says vokes the exercise ofthose powers- the Republicans have shown their great anxiety to keep the Chinese To do what? To prohibit the immigration of Chinese? Nota word out of this country. of it. This bill prohibits. The complaint was of "unrestricted im­ I must hasten on, 1\Ir. President. I am dwelling longer on this point mjgration." If they could just get restricted immigration, that was probably than I ought. all they wanted. He did not say how much restriction he wanted, but Mr. MITCHELL. May I ask the Senator just one question? I do he wanted it restricted. "Unrestricted immigration" was too much not want to detain him. for him. And then what did they ask Congress to do? Mr. GEORGE. Yes, sir; if I know it, I will answer it. To restrain and limit that immigration by the enactmentofsuch just, humane, Mr. MITCHELL. Is it not a fact that the act of 1862, to which the and reasonable provisions as will produce tba.t result. Senator has referred, is a restrictive act, a prohibition to a great extent, That was a mere tub thrown to the whale. It amounted to nothing. and the first restriction on the right of Chinese to come to this country ~ut in 1880 the convention of the Republican party made another ex that was ever passed by the American Congress? cathedrd declaration upon that question, to which I desire to call the at­ Ur. GEORGE. Will the Senator point out the restriction in it? tention of the Senate if I can find it in my notes. I know this is a very Look at the supposed restriction right close. The Senator is a lawyer drearj subject, and I know I am not performing my part very well, for and a very good one, and be will find that it only restricts American the causes I have stated "when I asked for postponement; but as nobody vessel-owners from taking Chinese from China to some other country, will know when he comes to read what I say in the RECORD bow badly not the United States. I delivered it, I suppose I may as well go on. Mr. MITCHELL. Oh, no; I beg pardon. In 1882 there was somebody else just like the Senator from Colorado 8300 CONGRESSIONAL RECORD-SEN~L\.TE. SEPTE!\IBER 5,

who was insisting that the Republican platform of 1880 authorized and represent, every syllable of that eloquent declaration. I am willing to join my friends from the Pacific coast in re:;ulating immigration so as to extirpate, root commanded the passage of laws by Congress to restrict this immigra­ and branch, every form of coaly labor. I am willing to plant at the outer gate­ tion. I want to read the language of a very distinguished Senator ways of this Asiatic nation vigilant and competent consular agents, without who, I suppose, has about as much right to speak for the Republican whose certificate no man shall come to our shores whose labor is not his own propertx; who does not come with his family. if he has a family; who does not party as any man on this floor. He said: come under the fair promise that he is likely to take upon himself in good faith Mr. HOAR. ?.Ir. President, I do not think that anything will be gained by en­ the responsibilities, the duties, and the opportunities of American citizenship. tering upon an extendeJ discussion of a measure which has very recently re­ Not an evil has been suggested in the petitionandcomplaintsthathave come ceived so thorough and careful an examination at the hands of the Senate. from the Pacific coast against which I will not join with its representatives in I suppose the bill, either with or without the amendment which has been striking a hard and fatal blow. But I wilJ.not strike at an honest, industrious adopted, is destined to pass. I wish before it passes to put on reco1·d my cer­ temperate Christian laborer because I am afraid that his labor is more skillfui tain conviction- than mine or th::m the labor of the men of my race. I will not deny to the Chinaman any more than I will to the negro or the Irishman or the Caucasian And by the way, in order to save time, I want to call the attention the right to bring his labor, bring his own property to our shores, and the right of the Senate to a good many other propositions in what I am reading to fix such a price upon it as according to his own judgment and his own in­ besides the main point-- terest ma.y seem to him best. I denounce this legislation not only ns a violation of the ancient policy of the my certain conviction that the opinion which has come from a large body of American Republic, not only as a violation of the rights of human nature itself, the most intelUgent people of the country, from the organs of the great denom­ but especially as a departure fl'Om the doctrine to which the great party to inations of Christians, from the representatives of thecommuniLies which have which I belong is committed iu its latest declaration of principles, and to which owed their prosperity, their power, their happiness to the respect in which the our great marty1·ed chief, whom we were so proud to acknowledge as our labor on which they are based has been held-! say I think this opinion is standard-bearer, affixed his declaration in almost the latest public act of his sure, sooner or later, is sure very speedily, to prevail in reversing the policy on distinguished life. which we now seem about to enter. That is, in passing the Chinese exclusion bill of 1882. SC) the Senator from Colorado will see that the platform of 1876, I believe that the Pacific coast itself will come back >ery soon to the doctrine which I have just remarked is substantially the same as the platform of the eloquent resolution framed by my honorable friend from California a of 1880, almost in the same words, as interpreted by one of the mo:st few years ago as a representative of the Republican convention of his State, of distinguished members of his party, is not in accord with the views ' which he was a leading member. It is impossible, it is incredible that a blow at the dignity of human nature, a blow at the dignity of labor, a blow at men, which he expressed yesterday; or, in other words, that there is noth­ not because of their individual qualities or characters, but because of the colo!' ing in that platform which justifies the present bill and nothing even of their skin, should not fail to be a subject of deep regret and repentance to which justified the bill which we passed in 1882. I will let that an­ the American people in the nineteenth century. I do not, however, rise to reargue this question or to reaffirm my own indi­ swer the argument of the Senator upon that point. vidual opinion. The conviction with which I have started has been deepened I showed some days ago in a short speech I made then that the bulk and re-enforced by the expressions of sentiment which have come from the of the Republican party in the Senate voted in favor of striking out sober, religious sense of this conn try. It has been strengthened also by the exhibition of the true character of the leaders of the sentiment which has de­ from the House bill in 1882 the clause which prohibited Chinese natu­ m.anded and secured the passage of this bill, which we have seen in the press ralization. I stated that fact. I think I was interrupted then by a of the section of country from which it comes. suggestion or by a question that that was unnecessary, that the law I wish, however, to refer in a single word to one charge which has been fre­ quently made, and that is that those members of the Republican party- already prohibited it, and thattherewasnosuch practice. It had been And to this I desire to call the attention of the Senator from Colorado. a good while since these matters came before me and I only had a dim I might have omitted the reading of all the other, but it was good to recollection of them~ and so statedatthe tin:i.e; butitwas stated in that debate that Chinese were actually being naturalized by State courts in have it read and put in the RECORD, and I wanted it in- the United States; Upon that subject I desire to read somethiug from I wish, however, to refer in a single word to one charge which has been fre­ quently made, and that is that those members of the Republican pa1·ty who that debate. On the motion to strike out section 14, which is in the have resisted the passage of this measure have violated the pledges with which following words: they asked the support of the American people at the recent Presidential elec­ That hereafter no State court or court of the United States shall admit. Chi­ tion. I was in a condition, I think, to know something of the opinion and pur­ nese to citizenship; and all laws in conflict with this act are hereby repealed- poses of the men who composed the great Republican national convention of 1880. I was also in a condition to know something of the opinion of the great Mr. Farley, of California, said: statesman and soldier and martyr and lover of liberty who was the standard­ Mr. FARLEY. I hope that amendment will not be adopted. For many reasons bearer of my political associates in that memorable campaign. It is a dishonor I do not wish to take up the time of the Senate just now in the discussion or to both to charge that they asked the support of the American people by pledg­ this amendment. At the time that it was put into the first bill I know that ing themselves to the principles upon which this legislation is based. some distinguished Senators took the ground that there was no necessity for General Garfield, I believe, would have gone to the stake, he would have put this provision, because the statute already provided for it: But, notwithstand­ his right hand into the flames like Cranmer, before he would have accepted the ing t-hat statute, the courts have been naturalizing Chinamen; and I shall insist Presidency or have subscribed his name to a. declaration involving such a blow on the rejection of the amendment. at this time. to the dignity of labor and the dignity of American humanity as is involved in this bill. Nobody controverted that statement made by Senator Farley. That This is what the Republican national convention declared. I stand, and am ready to stand in the future, by every word and letter and syllable of the dec­ matter came up again in the debate in a colloquy between Mr. Farley and laration. the Senator from Connecticut [Mr. HAWLEY]. Senator Farley said: Now, I will read that declaration: 'Vill the Senator- , Since the authority to regulate immigration and intercourse between the United Speaking to Senator HAWLEY- States and foreign nations rests with the Congress of the United States and the tt·eaty-making power,the Republican party, regarding the unrestricted immigra­ Will the Senator allow me to ask him one question? tion of the Chinese as a matter of grave concernment, under the exercise of both :Mr. HAWLEY. Certainly. these powers, would limit and re.strict that immigration by the enactment of such Mr. FARLEY. Were they naturalized in the State of Connecticut, or where just, humane, and reasonable laws and treaties as will produce that result. were they naturalized? 1\Ir. HAWLEY. They were naturalized in Connecticut, I believe. One of them The same idea exactly as the resolution offered in 1876 by the Sena­ I know was a graduate at Yale College, had taken prizes in English composi­ tor from Nevada [Mr. JONES]. Here is the comment of the Senator tion there, and was regarded as a. man of superior ability nnd education. from whom I am reading: • So I was right in stating that it was a then present emergent evil That is, the regulation of immigration and intercourse. Then General Gar­ that required le~islation , that the practice was going on. field in his letter of acceptance stated the doctrine to which he understands he is committed by accepting the nomination of that party upon that platform. Mr. MITCHELL. Will the Senator state that under the law as it He said: existed at that time Chinese could be rightfully or legally naturali.zed "The material interests of this country, the traditions of its settlement, and the in this country? sentiment of our people have led the Government to offer the widest hospitality to emigrants who seek our shores for new and happier homes, willing to share Mr. GEORGE. I have not examined that question very fully, bnt the burdens as well the benefits of our society, and intending that their pos­ my present impressions are that they had no right to ·be naturalized. terity shall become an undistinguishable part of our population." That is my impression. Then says the Senator: l\Ir. MITCHELL. At the time when the amendment was voted Is that like an enactment that no Chinese shall ever be naturalized in tile down? American Republic? Mr. GEORGE. Yes, I will state that-at the time the amendment "The recent movement of the Chinese to our Pacific coaf!t partakes but little of the qualities of such an immigration either in its purposes or its result. It was voted on. is too much like an importation to be welcomed without restrictions, too much Mr. MITCHELL. I think the Senator is right in that. like a.n invasion to be looked upon without solicitude. We can not consent to Mr. GEORGE. I have not examined that matter very thoroughly, allow acy form of servile labor to be introduced among us under the guise of immigration. Recognizing the gravity of this subject, the present administra­ though, but there seems to have been a doubt about it. The Senator tion, supported by Congress, has sent to China a commission of distinguished from Texas [Mr. REAGAN] tells me, in addition to what I have stated citizens for the purpose of securing such a. modification of the existing treaty as here, that they naturalized about seven Chinamen in Indianapolis, will prevent the evils likely to arise from the present situation. It is confidently believed that these diplomatic negotiations will be successful without the loss Ind., a very enlightened State with a very intelligent State court, and of commercial intercourse between the two powers, which promises a great in­ then there was the statement made made by the Senator from Connect­ crease of reciprocal trade and the enlargement of our markets. Should these icut [Mr. HAWLEY] that they were naturalizing them in Connecticut, efforts fail, it will be the duty of Congress to mitigate the evils already felt and prevent their increase by such restrictions as, without violence or injustice, will and I think that one ofthe most beneficent acts, and one of the most place upon a. sure foundation the peace of our communities and the freedom judicious grounds of legislation is to remove a doubt upon a st.atnte ~ddi~~~~~ . and to prevent misconstructions of tile statute by the courts of the That ends the quotation from Mr. Garfield. I am reading from a country, and so it appears-- · speech made by the Senator from Massachusetts [Mr. HoAR]. That Mr. DOLPH. Will the. Senator from Mississippi allow me to ask • Senator continues: question? Mr. President, I reaffirm for myself, and for the people whom I immediately Mr. GEORGE. Yes. 1888. CONGRESSIONAL RECORD-SENATE. 8301

Mr. DOLPH. Is the Senator able to state b.v what court, at what That is enough to read ofthat. I callat.tention now to what I have place, or by what judge Chinese were naturalized in Indiana? read from the Senator from ltlassachnsetts [Mr. HoAR] upon that sub~ Mr. GEORGE. I have just read from Senator HAWLEY. ject. There are one or two other authorities of weight that I desire to Mr. J)OLPH. I ask as to Indiana. ·call the attention of the Senate to. Mr. GEORGE. The Senator from Texas gave me that information. This was in 1882. We had a bill passed here in 1886, and that passed I have seen something in the newspapers about Chinese being natnml­ without much debate, but there were some Senators who opposed it ized in Indianapolis. ev-en then. Mr. DOLPH. That statement has been made in the Senate before, I have not gone through all the speeches of Senators. I have quoted but we are not able to ascertain where to look for the authority for it. only from those of great eminence and of great weight in tbe Repub~ Mr. REAGAN. If the Senator from ~fississippi will allow me, I lican party. There are others I might say of almost equa1 standing will state that I saw an address printed in a St. Louis paper a few days and weight that I have overlooked, because I do not desire in my pres­ ago, made by the district attorney or assistant district attorney of the ent condition to occupy the attention of the Senat-e a great deal longer. United States, lately a State senator of Indiana, in which he gives the 'fhis is four years afterwards. I want to read from the Senator from record proving that seven Chinamen were naturalized in Indianapolis Massachusetts [l\fr. Ho.AB] again: and Yoted there against Democratic protest. Mr. HoAR. I "{lnderstand the Senator from Ohio who reported this bill does Mr. DOLPH. Is the Senator able to state from recollection or other­ not propose to~ddress the S<'nate further. I think I ought not to let tlle occa­ sion pass without at least expressing my own protest with re2"ard to this entire wise what that record was, beforewhatcourtorwbatjudge, or in what proceeding. tmvn? This proposed act, and the statute of which it is an amendment, and the treaty Mr. REAGAN. It was the record of a State court. which those two statutes profess to C.'l.lTy.into effect, will in my judgment be re­ garded, if civilization be preserved on this continent, in future ages as among Mr. GEORGE. Well, they were naturalized. I want to bring now the great blots on the history of the human race. Here is legislation aimed at before the Senate the opinions of distinguished H.epublicans to the effect men, not on account of any individual crime or inferiority or fuult, but simply that they ought to be naturalized, that they were proper subjects of because they are laborers and because they belong to a certain race; and that in defiance of the two great foundation principles of this Republic: that labor - naturalization. I have not got my marked copy of the RECORD here is honorable. and that there ought to be no distinction between hum:J.n beings and I may have to read a little more-- in their privileges on account of race. Mr. TELLER. I should like to ask the Senator a question. 'l.'be molive for this legislation is not, as will be confessed in private by every intelligent man who seeks it·, any fault, wrongdoing, or inferiorit:J of the classes Mr. GEORGE. Let me find this now. sought to be aft'ected, but because American skill, American industry, and Mr. TELLER. I should like to ask him a question with reference to American intelligence fears that it shall be beaten in the race for wealth, and for naturalization. Does the Senator regard a Chinamanin the proper sense employment, and for power. of the term a white man? There is mpre of the same sort which it is not necessary to read. At Mr. GEORG E. I do not. another part of the same speech the Senator from Massachusetts used Mr. TELLER. Does not the Senator know that there bas been in this language: the statute since 1804 a provision that persons to be naturalized must If there were not a rivalry between the two political patties of this country for be white men? · the politic.'\l vote of the Pacific coast this legislation would be received, in my opinion, with universal execration from all intelligent a.nd humane men. I do Mr. GEORGE. I do not know that it is exactly that wp.y. not propose to be led bv any real or fancied political necessity into a. departure Mr. REAGAN. If the Senator appeals to me I think I can produce from those principles of human freedom and human rights in which I have been the decision of the State court of Indiana which bas been referred to. educated. which have been the ornament and glory of my own State and my own country, and in departing from which every nation sooner or later is sure Mr. GEORGE. The Senator from Colorado will agree with me to encounter its just and ordained punishment. when I state my position. I do not propose, for one, to repeat for myself or to see others repeat without Mr. TELLRH. Let me call attention to the statute. a protest the miserable history of the years which preceded the war, preceded the year 1850, when the two great parties of the country undertook to vie with each Mr. GEORG E. I know what the statute is. In 1804 there was a other in bidding for the votes of the supporters of slavery. I deem this Chinese statute passed, and I believe before that, in 1791, the first statute was legislation in principle a repetition of that disgrace. I do not mean to have on passed for the naturalization of white men. In 1870 it was extended my own record or to leaye to my children any share in the blame. to peraons of Afric.an descent. :.Mr. President, I hn.ve been reading from these Senators, not with Mr. TELLER. To Africans only; so that it includes only white the view of bringing upon them any reproach whatever for the expres­ men and Africans, not Asiatics. sion of these opinions, but to show that leading men, able men, jnstly Mr. DOLPH. Will the Senator from Mississippi allow me to ask esteemed as leadets in the Republican party, made the declarations him another question? which I have read; and now I want to read from another. 'fhis one :Mr. GEORGE. I shall nev-er get through if I am constantly inter­ is very short. I ,read from a speech made by the Senator from Kansas, nlpted. now occupying the chair [Mr. INGALLS], in 1886: . 1 Mr. DOLPH. - I desire to know if be is aware tha.t the present The Senator from Ohio states that he does not desire to renew the discussion House amended the bill which was recently passed so as to repeal the of four years ago, and accuses the Senator from Massachusetts ofkni:;rht-errantry, intimating that he is a Don Quixote fighting wind-mills, and perhaps that! am provision of the act of 1882 which provided that no court should nat­ h is Sancho Panza [laughter], btca.use we venture to ask that a. great measure uralize a Chinaman; and does he know whether that was done under of this kind- .the impression-- Now comes the language to which I desire to call attention spe- Mr. GEORGE. You must not ask me as to my knowledge. I do cially- ' not know much. If the Senator only wants to find out the extent of because we venture to 1\Sk that a great measure of this kind, which I affirm is a my information I will admit that I am very ignorant.

I 8302 CONGRESS!ON AL .RECORD-SEN ATE. SEPTEMBER 5,

This other little piece of history to which I propose to allude will go TOWNSHEND's statement. He wanted to get it on the record.. Ha to confirm the statement of the Senator from Colorado that the Renub­ could not do 1t. His statement that only one Republican vote was for lican party has been breaking its neck here for several years to tiy to it was not contradicted. stop Chinese immigration! On Uay 1, 1882, a very important act oc­ When that time shall come, which the Senator from blassachusett.s curred in the House of Represmtatives. In view of the fact that the is certain will come, when all the legislation we have had or are having Senator from Colorado draws a distinction between the abrogation of or are trying to have for tbe restriction of the Chinese will be regarded treaties and the violation of treaties, let us see bow the Republican with execration, I believe was the word, at least with disfavor-! do party stood in 1882 upon a direct and square-out proposition to abro­ not remember the word, but with disfavor-then I take it when that gate the Chinese treaty. I read from the proceedings of the House of time comes this execration and this disfavor will be mainly laid upon Representatives: the shoulders of the Democrats. If the Republicans in their action on Mr. TOWNSHEND, of lllinois. I moye that the rules be suspended and that the this matter have been looking forward to that happy time when the joint resolution which I send to the desk be passed. prejudices of the American people against admitting these Moll-golians The Clerk read as follows : into their country to compete with American laborers for their bread "Joint resolution for the abrogation of all stipulations in existing treaties with China which permit the immigration of Chinese into the United States except shall lmve passed away-I say if they are waitin,g for that time, then for travel, education, and foreign co=erce. they may indeed rejoice if it shall come. They have shown the best "Whereas the great majority of Chinese who immigrate to this country are record for that happy time that a party has ever shown upon any ques­ detrimental to the welfare of American laborers; and tion. In 1862 they invited the Chinese in; in 1868 they contracted "Whereas they manifest no willingness or capacity or intention to assimilate with ·our own people and have no appreciation of our institutions; and with Chinn. that they should never be kept out; in 1870, in ·the civil­ '' \Vhereas the execution of the fifth and sixth articles of the treaty generally rights law, they protected these Mongolians from discriininating taxa­ known as the Burlingame treaty endangers the peace and good understanding tion as against Irishmen, Germans, and Englishmen, :md after we existing between the United States and China, and interferes with the power of Congress to regulate foreign commerce: Therefore, commenced, in answer to the demand of the American people, to pass "l:lesolved. by the &nate and House of .Re-p1·esentatives in Congress a$sembled, That legislation in Congress upon this subject, as I showed a few days ago, the President of the United States be, and he is hereby, authorized and req nested and up to 1886 at least, that side of the Chamber presentecl almost­ to immediately open correspondence with the Government of China for the pur­ pose of securing a change or abrogation of all stipulations in existing treaties not entirely, dissentients run up sometimes, I believe, as high as eight which permit the immigration of Chinese int-o the United States, except for or nine-almost a solid \Ote against all measures on that subject. travel, education, and foreign commerce." Mr. M:ITCHELL. Will the Senator allow me to ask him ·a ques­ .A:ny one who listened to the Senator from Colorado yesterday, when tion? he spoke about the grand difference between abrogation and violation, Mr. GEORGE. Yes, sir. when he summoned his great powers to show: to the American people 1\:t:r. MITCHELL. · Is the Senator from Mississippi aware of the that whilst the Republica,ns and General Harrison would not do a thing, fact- would not move a hair's breadth-in the way of ''violation,, might be Ur. GEORGE. Do not ask me anything about my knowledge. I led to suppose that they would do everything, travel the circuit of the am a ver_v ignorant man. earth if they could only have "abrogation" as the end of their journey. Ur. MITCHELL. Is he aware of the fact that the present President Here was a distinct proposition to change or abrogate. Now let us see of the United States and the present candidate of the Democratic party what became of that resolution. for the next Presidency-- 1\fr. KAssoN. What power to abrogate have we under the treaty? Mr. GEORGE._ Whowill be elected, too. Putthatin. [Laughter.] 1\fr. HooKER. I desire to offer an amendment to this resolution. Ur. MITCHELL. Is the Senator aware that the President on the :Mr. ToWNSHEND, of Illinois. I do not yield for the purpose of allowing the amendment. 6th day of April, 1886, sent a message over his signature to the Senate The SPEAKER, The question is on the motion of the gentleman from Illinois and House of Representatives of the United States--, · [Mr. TOWNSHEND]. Mr. GEORGE. Oh, well, put that in an appendix to my speech. Mr. TOWNSHEND, ofillinois. I desire that t-heHousemay consider the motion as seconded. Mr. MITCHELL. Will the Senator allow me one moment? The SPEAKER. No second has been demanded. Mr. GEORGE. Go on. Mr. RoBINSON, of l!Ia&-sachusetts. Let the question be taken on seconding the Mr. MITCHELL. That in that message the President recommend eft. motfon. -Tellers were ordered; nnd 1\Ir. RoBINSON, of 1\Iassachusetts, and 1\Ir. TOWN· that Congress amend the Chinese restriction act of 1882 as amended by SREl'l-r>, of illinois, were appointed. . - the act of 1884 in such a way as to enlarge the right of Chinese to come to The House divided; and the tellers reported-ayes 62, noes 100. this country, which recommendation, had it been adopted by the Con­ Here comes the great part of this thing. It is funny: gress of the United States, would have admitted into this country a So the House refused to second the motion to suspend the rules. very large class of Chinese who are not permitted to come into this :Mr. TowNSHEND, of illinois. I ask for the yeas and nays upon this proposi­ country by the acts of 1882 and 1884. · tion. The SPEAKER. That is not in order. Mr. GEORGE. Are you through with your question now? The :first thing we do over here after a division has been had, if any Mr. MITCHELL. That is my question. one is dissatisfied with the count, is to call for the yeas and nays, and Mr. GEORGE. I am not aware of any such thing. yet the Speaker, who happened to be not JoHN G. CARLISLE or Mr. MITCHELL. Well, he did. BAMUEL .J. RANDALL, but John W. Keifer, a distinguished member Mr. GEORGE. I am answering now. Yon are through with your of the Republican party, decided the motion not to be in order. Now, question. Now you can just stop. I am not aware of any such thing. let us see what else happened. If any such extraordinary thing happened as that I should think the President had been taking a little Republican liquor, or had been asso­ Mr. ToWNSHEND, of Illinois. Although the rules provide that the roll need not be called on seconding a motion of this kind, I make the point that this is a ciating with and had been inspired by some of my Republic..1>n friends motion to suspend the rules, including that rule as well as all others. on the other side, and I do not believe he did either. In other words, The SPEAKER. But the motion is not entertained by the House. I do not believe, ·in the first place, that the President did that thing; Mr RoBINSON, of Massachusetts. The rules are not yet suspended. 1\fr: REED. You can not suspend the rules -qntil you suspend them. [Laugh- and in the next place-- · ter.l d . h h h" .. Mr. MITCHEI.JL. Well he did, and I hold the message in my hand. '.rhe SPEAKER. The vote just taken was to etermme w et er t 1S propos1tlon Mr. GEORGE. Wait until I get through. I do not want to be in- should be en~rtained by·the House; and theHouse has refused to entertain H. terrupted now. So he could not get the yeas and nays on the motion. Now, see what .Mr. MITCHELL. I should think not. :ttir. ToWNSHEND said was his motive'for getting the yeas and nays, Mr. GEORGE. Of course not. which was not controverted by anybody: The PRESIDENT p1·o tempo1·e. The Senator from Mississippi is en- 1\Ir. TowNSHEND, of Illinois. My purpose was. to show that but one Repub­ titled to the floor, and declines to be further interrupted. lican in this House has voted to sustain_t.he motiOn. .Mr. GEORGE. I am entitled to, the floor. The important historical fact that only one Republican in the House Mr. UITCHELL. Certainly. of Representatives voted to sustain the motion to suspend the rules by Ur. GEORGE. The Senator from Oregon bas from now until Christ­ which this Republican panacea for all the ills of human life, the a:bro­ mas to use his papers. , gation of this treaty, could come before the House of Representat1ves, Mr. MITCHELL. I did not wish to interrupt the Senator; I only was not allowed by the Republican Speaker to be put on the records~ wanted to ask him a question. or Journals of the House, and posterity and the world will not know :Mr. GEORGE. I have a little more to say, and I do not want to that fact that only one Republican voted to suspend those rules, ex­ waste my time in interruptions of that sort. I had a pretty good idea cept by thestatementoflli. TOW:!SSHEND, which was notcontradicted in my head when the Senator came in with his foolishness. I believe by anybody. _ I was recapitulating the great efforts made by the Republican party to Mr. DAWES. What is the date of that proceeding? get the Chinese into this country, but I am so much astounded now by Mr. GEORGE. May 1, 1882. I read from the CONGRESSIOXAL the revelations made by the Senator from Oregon that I have rather RECORD, volume 13, part 4, page 3476. lost the track. Ur. D.A. WES. Is the Senator aware that the rules of the House do :Mr. MITCHELL. I think from the sound the Senator-­ not permit the calling of the yeas and nays on the second of a motion Mr. GEORGE. Never mind. Keep your seat, if you please. to order the previous question? I believe when the Senator from Oregon interrupted me I was talk­ Mr. GEORGE. _No, sir; I do not impeach the Speaker's decision. ina about the claim of the Republican party, setup by the Senator from I am only stating that I read that for the purpose of showing Mr. Colora-do, as being the earlv. original, eternal. and undying enemies o! • 1888. CONGRESSIONAL .RECORD-BENATE . 8303 the Chinese getting in here, and then the original, early, and undying A bill (H. R.1641) for the erection of a light-house at or near a point friends of any policy to put them out when they had got here. I about midway between Barnegat and Navesink lights, in the State of thought I would recapitulate some important facts upon which I have New Jersey; and touched in the scattering and desultory remarks I have ma{le, and A bill (H. R. 1249) for esroblishing a light-house and fog-signal on which the Senator from Nevada and others on the opposite side forced Roe Island, Suisun Bay, California.· me to make under great disadvantages, when unwell. Now I will go The message also announced that the House had agreed to the re­ b~k . . spective conferences on the Sen.ate amendments to the foregoing bills In 1862 the Republican party opend the door, inviting these fellows asked by the Senate, and bad appointed Mr. CRISP, Ur. ANDERSON, . in. They-never llad been invited before. If they were here before, and l\h. THOMAS H. B. BROWNE of Virginia managers at the conferences_ they were here without any national authority, without any national on the part of the Honse. invitation. That was in 1862. . In 1868 tbey made a treaty throwing wide open the door of Chinese CHINESE lilliiGRATION. immigration, and bolting and fastening the door open, so that without The PRESIDENT pro tempore. The bill H. R. 11336, a supplement a violation of the treaty it never could be closed again. to an act entitled "An act to execute certain treaty stipulations relating In 1870 they were not content with that. TQ.ere was a little power, to Chinese,'' approved the 6th day of May, 1882, having been read three they thought, which might be left in the State governments, by discour- times, the question is, Shall the bill pass? The yeas and nays having aging Chinese immigration, discriminating between an Irishman and a been ordered, Senators in the affirmative will answer ''yea.'' Chinaman, between a German and a Chinaman, and they were so jn The Secretary proceeded to ca.ll the roll. love with these Mongolians and so much not in lo>e with our Irish 1\Ir. PASCO (when Mr. :FAULKNER's name was called). I was re- and German friends that they thought it might be that some of the quested toanno(!nce that the Senator from West Virginia [.M:r. FAULK­ Stutes would undertake to tax one of these Oriental jewels of theRe- :~mn.] is paired with the Senator from Pennsylvania [Mr. QuAY). If publican party, the Chinaman, a little more than they taxed another the Senator from West Virginia were present, he would vote "yea. " immigrant. So they put a provision in the civil rights Jaw, not in a Mr. WALTHALL (when Mr. GRAY's name was Cc'llled). The Sen­ revenue law, but in a civil rights law, intended to put the white peo- ator from Delaware [Mr. GRAY] is paired with the Senator from llli­ ple of the South on an equalitywith_the negro-I do not know whether nois [Mr. CoLLo:u]. they meant to lift us up to the negroes or to put us down, but at any Mr. CULLOlL I was not aware that the Senator from Delaware rate it was to pu~ us on an equality with our colored friends socially [Mr. GRAY] was away. We have a general pair, and if he is not here and every other way, not politically, but socially- they put in this I shall withdraw my yote. axing provision, "you shall not tax a Chinaman unless you tax a:1 Mr. WALTHALL. I merely Cc'llled attention to the pair. If the Irishman or a Frenchman or somebody else to the same amount." Senator from Delaware [Mr. GRAY] were here, be would vote "yea." Well, the American people got mad at all thisw.ickednessand folly. Mr. CULLOl\f. Then I shall let my vote stand. In 1879the people, through their Representatives and some of their Mr. HISCOCK (when his name was called). I am paired with the Senators here, commenced agitating about gettingl'id of this incubus. Senator from Arkansas [Mr. JoN~s] . I suppose if he were present be A bill was passed mainly by Democratic -votes; it was opposed mainly would vote "yea." Therefore I vote "yea." by Republicans, and when the poor iaboring people in this country had M:r. BERRY (when the name -of Mr. JONES, of Arkansas, was called). begun to think that they were in sight of the promised land, when My colleao-qe [.Mr. -JoNES] is paired with the Senator from New York like the poor pilgrim who was i.n the slough of despond over":helt?ed [Mr. Hisc"'ocK], as the Senator from New York has stated. If my col­ by its waters, they had got a s1ght of the Delectable Moun tams J nst . league were present, he would vote "yea." beyond, when these poor, hard-working people began t o think they I 1\Ir. McPHERSON (when his name was called). I do not know but were about to reach the Delectable Mountains, and at last these Mon- that I am paired with the Senator from Michigan [Mr. STOCKBRIDGE]. golians would be restrai?ed a little, would .be crippled a little, wo!1~d We were paired yesterday afternoon, and. I do not know whether be not be allbwed to come m here t o take tbeu work from them, the Dill intended the pail: to stand over to-day or not. passed the House, it passed the Senate, it went up to the other end of Mr. STEWART. The Senator from Michigan [Mr. STOCKBRIDGE] the a>enue, and it was vetoed by a Republican President. That wa3 would vote "yea," if he were present. discouraging; buttbepeoplepersisted, theytbreatened, theyweremau. Mr. McPHERSON. Then I shall vote "yea." Then in 1882, three years later, after three years more of outrage, Mr. SAWYER The Senator from Michigan [Mr. STOCKBRIDGE] three years more of hard competition, three years more of nnrewanled told ·me to-day that he would vote ''yea.'' and unrequited toil on account of the competition of the8e men, we Mr. McPHERSON. I vote "yea." . passed another bill, mainly by Dem_ocratic votes in ~oth Houses, as _I Mr. PUGH (when Mr. MoRGAN's name was called). My colleague showed the other day, and then agam the poor labormg people of this [1\Ir. MORGAN] is necessarily absent from the Senate, and is paired country began to think that they would see daylight. That bill was with the Senator from New York [Ur. EVARTS] . sent up· the avenue and it was vetoed, not by a Democrat, but by aRe- Mr. PADDOCK (when his name was called). I am paired generally publican. with the Senator from Louisiana [Mr. EUSTIS]. Presuming that if he Then to conform our ideas to the demand of the President we passed were here he would vote ''yea,'' I shall vote ''yea.'' - a bill, and he at last signed it, and then, ob, then, we know the laborers Mr. PASCO (when his name was called). lam paired with tbeSena- felt happy then. . tor from Illinois [Mr. FARWELL]. I ask hiscolleague [Mr. CuLLOM] In 1886 they had so stirred up public sentiment, they had so organ- if he knows how the junior Senator from Illinois [Mr. FARWELL] ized themselves, they had so pronounced from the house-tops and ·would vote? everywhere else that they intended to have relief from this curse of Mr. CULLOU. . I think he would vote ·" yea" on this question. Chinese c:>mpetition, that then, i.qdeed, they saw one after another of Mr. pASCO. Then I shall record my vote ''yea,'' with that under- the sta~wa!t oppo~ents of restriction fall. Two or three were left•as standing. I have md1cated- 1t ~y be_ m~>re, not many though- to s!and by wh~t Mr. PLU~IB (when 1\fr. QUAY'S name was called). Some ocean­ they regarded a~ their conVIctiOns. Bu~ the stra~gest thmg of all ~his nounced a moment ago on the other side of the Chamber a pair with eventful story lB ~bat t~e muse of hiStory, m1Sled b~ Repub!Ican the Senator from Pennsylvania [Mr. QuAY]. I wish to say from my Senators, has got things ml.Xed, and now when everybody IS for Chmese own personal knowledge on the subject that the Senator from Penn­ restriction-when this has been brought about by the means I have sylvania [:Mi. QuAY] would >ote "yea" on this bill, and therefore described- it is made to appear that those who fought the good fight for whoever is paired with him will be at perfect liberty to vote the same the restriction and won the victory were all the time on the other side, way. - and that the only real friends of restriction were those who all along Mr. PASCO. The Senator from Pennsylvania [Mr. QUAY] i.~ paired fought against it. / with the Senator from West Virginia [M:r. FAULKNER], who is neces- . No'!, Mr. Presi~en t , apolo~izing t~ the Senate ~or the desultory way sarily absent. I announced that the Senator from. West Virginia would 1n whiCh I have diScusse?- thiS quest10n, and basmg my ex~use upon vote "yen," if be were present. the statement of fact whiCh I made when I commenced, I Willsuuen- Ur. DA VIS (when Mr. SABIN's name was called). JI.Iy colleague der the floor. . [Mr. SABIN] is paired with the Senator from West Virginia [.I'!Ir. 11IESSAGE FROM THE HOUSE. KENNA]. If my colleague were here, he would vote "yea." AmessagefromtheHouseofRepresentath·es, by l\:Ir. CLARK, its Clerk, Mr. TELLER (when his name was called). I am paired with the announced that the House bad disagreed to the amendments of the Sen- Senator from Louisiana [Mr. GIBSON], but I am assured that he would ate to the following bills: vote ''yea,'' if he were present, and therefore I shall vote ''yea.'' A bill (H. R. 5700) to facilitate the transportation oflife-sa.ving and 1\Ir. RANSOM (when Mr. V .ANCE's name was called). My colleague light-house supplies at Hog Island, Virginia; [Mr. "\•AKCE] is paired with tbeSemi,torfrom!tfichlgan [Mr. PALMER], A bill (H. R. 8855) for the establishment of a light-ship with a steam bu.i; I advised the Senator from .1\'Iichigan, knowing that my colleague fog-signal at Sanely Hook, New York Harbor; would vote "yea," that he could vote "yea," and l:.e so voted. If A bill (H. R. 1239) to extend the jurisdiction of the Light-House my colleague were here, he would >ote "yea. , Board to the Sacramento and San .Toaquin Rivers, California; The roll-call was concluded. A bill (H. R. 5716) for establishing a light at the mouth of Otter l\'Ir. BLACKBURN. I am paired with- the Senator from Nebraska Creek, Lake Cbamplarn; [Mr. MANDERSON] . Ifhewere present, I should vot-c."yea." I wish 8304 CONGRESS! ON AL RECORD-HOUSE. 8EPTE1\IBER 5,

to state that mv colleague fMr. BECK] is paired with the Senator from The PRESIDENT pro tempore. The Secretary will call the roll of Maine [Mr. HALE], neither-of them being present. My colleague would the Senate. vote ''yea,'' if be were present and not paired. M:r. BROWN. I move that the Senate adjourn. :Mr. PADDOCK. I desii·e to inform the Senator from Kentucky that The motion was agreed to; and (at 5 o'clock and 42 minutes p. m.) my colleague [Mr. MANDERSON] would vote "yea," if he were here. the Senate adjourned until to-morrow, Thursday, September 6, 1888, Mr. BLACKBURN. Then I shall ask leave to have my vote recorded at 12 o'clock m. in the affirmative.' Mr. ALLISON (after having voted in the affirmative). :My colleague [Mr. WILSON of Iowa] is necessariJy absent to-day, and is paired with HOUSE OF REPRESENTATIVES.· the Senator fr~m Maryland [:M:r. WILSON]. I have a general pair with the senior Senator from Delaware [Mr. SAui.SBURY]. I leave it; with WEDNESDAY, September 5, 1888. }lis colleagues to say what I shall do respecting the pair. The Honse met at 12 o'clock m. Prayer by Rev. J. H. CUTHBERT, Mr. COCKRELL. Tlle senior Senator from Delaware [.Mr. SAuLs­ D. D. BURY] would vote "yea," if he were present. The Journal of yesterday's proceedings was read and approved. Mr. ALLISON. I will allow my vote to stand unless some Senator thinks I ought to observe my pair. MISSOULA RESERVATION, 1\IONT.AN.A. Mr. COCKRELL. Let it stand. I am paired with the Senator from The SPEAKER laid before the House a letter from the Secretary of Connecticut [J',Ir. H.A WLEY]. Ileave it to his colleague to say whether War with accompanying papers, recommending legislation to secure the pair shall be observed. for ~ilitary purposes certain lands within the limits of the Missoula Mr. PLATT. I do not know how my colleague would vote. reservation, !\fontana; which was referred to the Committee on Mili­ Mr. COCKRELL. I have voted "yea." I will withdraw· my vote tary Affairs, and ordered to be printed. if the Senator says so. I withdraw my vote. CLAil\fS DISMISSEP UNDER BOWMAN ACT. The PRESIDENT pro tempore. The Senator from Missouri with­ '£he SPEAKER also laid before the House a letter from the assistant draws his vote. clerk of the Court of Claims, transmitting a list of war claims under the Mr. HISCOCK. Did I understand' some Senator to announce that Bowman act dismissed for failure of proof of loyalty; which was r~­ he wa,c:~ paired with my colleague [Mr. Ev.ARTS]? ferred to the Committee on War Claims. ]',{r. CULLOM. The Senator from New York [Mr. EVARTS] is ESTABLISHMENT OF LIGHT-SHIPS AND LIGHT-HOUSES. usually paired with the Senator from Alabama [Mr. MORGAN]. The SPEAKER also laid before the House the amendments of the Sen­ The PRESIDENT pro tempore. The announcement of the pair was ate to the bill (H. R. 5716) for establishing a light at the mouth of made. Otter Creek, Lake Champlain. Mr. PUGH. My colleague [Mr. MORGAN] is paired with the Sen­ Mr. CRISP. :M:r. Speaker, this is one of several bills that are on the ator from New York [Mr. EVARTS]. Speaker's table which have been amended by the Senate by iilserting The PRESIDENT pm tempore. ~oth Senators are absent. ·. in the House bills the appropriation of the money for the erection of Mr. HISCOCK. I have no doubt that my colleague [Air. EVARTS] the light-house or the establishment of the light-ship, as the case may would vote "yea," if he were here. be. Under the rules of the House the Committee on Commerce bas no Mr. 'fELLER. I desire to announce the pair of my colJeague [Mr. authority to make· appropriations for such purpose. The Senate W?k a BoWEN] with the Senator from Florida [Mr. CALL]. If my ·col­ conference, with the House on the amendments to these several bllls; league were present he would vote '' yea.'' and I ask unanimous consent that the House non-concur in the amend­ Mr. PUGH. The Senator from West Virginia [Mr. KE:NNA] re­ ments of the Senate and agree to the conference asked. quested me to announc'e his pair with the Senator from Minnesota [Mr. M:r. ADAMS. Let me ask the gentleman what difference there is SABIN]. The Senator frol\l. West Virgipia would vote "yea," if he between the request in this case and a somewhat similar request a few were present. days arro to which objection was then made? Thegentlemanisaware Mr. BATE. My colleague [Mr. HARRIS] is necessarily absent, and of the fa~t that I have been strenuous in my desire that in some way is paired with the Senator from Vermont [Mr. MoRRILL]. Ifmycol­ on all such questions there should be an expression of sentiment on the Iearne were present he would vote '' yea.'' part of the House, although whenever a good reason has been given I Mr. BLODGETT. I am paired with the Senator from New Hamp­ have withdrawn any objection to such requests. . sbire [Mr. CHANDLER]. I understand that he would vote "yea," if Mr. CRISP. The gentleman perhaps did not hear my statement. he were present. tJ nder the rules of the House the Committee on Commerce does not in­ Ur. BLA.IH. My colleague [Mr. CHANDLER] would vote "yea," corporate in any of their bills a provision appropriating the money for if present. the work. Mr. BLODGETT. Then I vote "yea." Mr. ADAMS. I am aware of that. Jl,fr. BLAIR. - I will simply say that my colleague [Mr. CHANDLER] Mr. CRISP. The cases to which I now refer are House bills pro­ is necessarily absent, and, as has been stated, if present he would vote "idinrr for the establishment of light-ships or the erection of light­ ''yea.'' house~ in some half dozen different localitie~ which are on the Speak­ The result was announced-yeas 32, nays 0; as follows: er's table. YE.AS-32. Mr. ADAMS. The rule is the same in regard to them. The gen­ Allison, Colquitt, 1\IcPherson, Reagan, tleman asked, if I understand it, unanimous consent, a few days ago, Bate, Cullom, :Mitchell, Sawyer, Berry, Davis, Paddock, Spooner, that the House should take action upon these bills ~ithout reference Blackburn, Dolph, Palmer, Stewart-, to the committee at all. Blair, George, Pasco, Teller, Mr. CRISP. No, sir; t!ley are different bills. Blodgett H ampton, Plumb, Turpie, Mr. ADAl\IS. The bills are of. the same character. Chace Hiscock, Pugh, Vest, Coke Jones of Nevada, Ransom, Walthall. Mr. CRISP. They are of the same general character. In each case NAYS-0. the Senate amendment appropriates the money. My request is that the House non-concur in these amendments and agree to the confer­ .A.BSENT--44. ence, in order that we may make an effort at least to enforce the rules Aldrich, Edmunds, Hawley, Quay, Beck, Eustis, Hearst, Riddleberger, of the House in this respect. Bowen, Eyarts, Hoar, Sabin, · · The SPEAKER. If there be no objection,-that order will be made. Brown, Farwell, Ingalls, Saulsbury, There ·was no objection, and it was so ordered. Butler, Faulkner, Jones of Arkansas, Sherman, Call, Frye, Kenna, Stanford, The same order was made with reference to the following bills, Cameron. Gibson, 1\Ianderson, Stockbridge, namely: Chandler, Gorman, Morgan, Vance, A bill (H. R. 1239) to extend the jurisdiction of the Light-House Cockrell, Gray, :Morrill, Voorhees, Daniel, Hale, Payne, Wilson of Iowa, Board to the Sacramento and San Joaquin Rivers, California; Da.!Yes, Harris, Platt, Wilson of Md. A bill (H. R. 1641) for the erection of a.lig~t-hot;me at ?r near a point The PRESIDENT 1Jro tempore. A quorum not having voted, the Sec- about midway between Barnegat and Navesink lights, 10 the State of retary will call the roll of the Senate. New Jersey; Mr. PLUMB and Mr. COCKRELL addressed the Chair. A bill (H. R. 1249) for establishing a light-bouse and fog-signal on The PRESIDENT pro tempore. The Senator from Kansas. Roe Island, Suisun Bay, California; Mr. PLUMB. Is it in order to move an adjournment? A bill (H. R. 5700) to fa.cilitate the transportation of life-saving a!ld liO'bt-house supplies at Hog Island, Virginia; and The PRESIDENT It is in order. 0 pro tempore. (H. R. Mr. PLUMB. It seems to me, though I do not care to make the mo­ A bill 8855) for the establishment of a light-ship with a steam fog-signal at Sandy Hook, New York Harbor. tion-- Mr. COCKRELL; I rose for that purpose myself. BONDS OF DISBURBING OFFICERS, ETC, Mr. PLUMB. It seems to me that perhaps we should not lose any The SPEAKER also laid before the House the Senate:amendments time by letting this matter go over until t?·morrow morning when to the bill (H. R. 8873) in relation to the bonds of disburaing or other . there will no doubt be a quorum present. Sllll, I do not make a mo­ officers and t.he monthly payments of the Army; which were referred tion to adjourn. to the Committee on Military Affairs.

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