174 CONGRESSIONAL RECORD. MARCH 25, the opposition on that committee. I have only to say that I do not IN THE SENATE. want to be on that committee myself. The VICE-PRESIDENT. The question is oil the motion of the TUESDAY, March 25, 1873. Senator from Indiana, that tho vacancy npon the Committee on The Senate m6t at half past ten o'clock a. m. Privileges and Elections be filled by the Chair. Prayer by Rev. J. P. NEWMAN, D. D. The motion was agreed to nem. con. The journal of yesterday's proceedings was read anti approved. EXECUTIVE SESSION. . THE CONGRESSIONAL RECORD. Mr. WRIGHT. I renew my motion. Mr. ANTHONY. Mr. President, yesterday I reported from the Com­ The motion was agreed to ; and the Senate proceeded to the consid­ mittee on Printing a resolution for printing the CONGRESSIONAL eration of executive business. RECORD, which was passed. I should have reported it as a resolution After one hour and fifty-two minutes spent in executive session, the that had been passed by the Committee on Printing, and that was doors were re-opened. submitted to the Senate for the information and for the judgment of CHAnGES AGAINST SENATOR CLAYTON. the Senate, so that if, informally, any Senators had objection to it, Mr. CAMERON. Ur. President, as the doors are now open, and what they might make it known. I supposed that, under the act of the last I say will be put before the public, I desire to state that I was told session of Congress, this whole subject wa-s referred to the Committee to-day for the first time that an important witness in the ca.se of the on Printing, and that the resolution of the Committee on Printing Senator from Arkansas [Mr. CLAYTON] is a person called .McConnell, was final upon the subject, although, of course, it would be modified and I learned, too, that be belonged to the State which I have the if the Senate disapproved of it in any way. Besides, I have some honor in part to represont. He belongs to a very respectable family doubt whether, under the general law, it would be competent for the there, a family of great ability. Nearly all of them have great tal­ Senate alone to pass a resolution of that kind, which requires addi­ ents, but sometimes they do not use them for the best purposes, though tional printing costing more than $500. I do not deem it necessary, most of them, I think, do. He is a native, I think, of the town of however, t.o move to reconsider the resolution, as its adoption by the my colleague. nut I remember this of him, that he is perhaps the Senate cannot make it invalid, at any rate. If any Senator thinks most unreliable man that ever was born in theStateof Pennsylvania. differently, I have no objection to a motion to reconsider. [Laughter.] We have some bad men there, but I do not think any­ WITHDRAWAL OF PAPERS. body quite so bad as he. I desire only to tell you one or two facts in regard to his conduct. On motion of Mr. DORSEY, it was Some years ago there was a gentleman, governor of the State of Penn­ Ordered, That James H. Carleton have leave to withdraw from the files of the Senate his petition and papers. sy 1vania, who was not particularly my friend1 and if I were to mention his name yon would think he never was my friend, and I ought not to EMA..."\CIPATION IN PORTO RICO. defeutl him here. nut be had, among other good qualities, the quality of hospitality. One evening a person came into his bouse without any in­ Mr. MORTON. I move to take from the table the resolutions I sub­ vitation, and made himself exceedingly agreeable to everybody there, mitted yesterday, in regard to the abolition of slavery by the Spanish on the occasion of a party of_ladies and gentlemen. He made himself republic in Porto Rico. so agreeable that he attracted everybody's attention. After awhile, The motion was agreed to ; and the Senate proceeded to consider about the time when be ought to have gone away, he suddenly be­ the following resolutions, .submitted yesterday by Mr. MORTON: came very sick and asked the hospitality of the governor's family to Resolved, That the Senate of the United States have received with joy the intclli­ j;ence that the republican ~o>ernment of Spain have abolished slavery in tbo remain there all night. He remained all nirrbt. The next morning Island of Porto Rico, and rB.lsed the colored people of that island from the condi· be was still very sick, and he remained sick for four or five day~:~. tion of slaves to the right-s and privileges of ettizens of the Spanish republic. In the meanwhile he atole the affections of the governor's daughter, RP.solved, That by th1s act the people of Spain have given new a-ssurance to the and he stole out one evening and got a justice of the peace to marry world that in establishing republican institutions they are actuated by a gonuine love of liberty and sincere regard for the natural rights of all men j and that it will them. Of course the governor, and especially his excellent wife, were be accepted as an omen of the power and perpetuity of the Spanisn republic. terribly shocked thn.t a person of that kind should become a member The resolutions were adoptetl. of their family; but on his return, immediately after the performance of the ceremony, he was driven out of the house. The ~egislature met ORDER OF BUSINESS. directly afterward. So much wounded in his feelings was the gov­ The VICE-PRESIDENT. The question now before the Senate is on ernor that he went to Cuba and remained there until the legislature the resolution submitted by the Senator from Iowa [Mr. 'VRIGHT] in divorced them, and this young man went out into the world again. regard to the Senator from Arkansas, [1\fr. CLAYTON.] After awhile I heard of him in Philadelphia, and he committed about Mr. WRIGHT. The understanding yesterday was that the Senator the same sort of act in Philadelphia, in the house of a friend of mine. from Georgia [l\fr. NORWOOD] would address the Senate this morning. I therefore desire to say now, as I cannot be here to-morrow, tha.t He desired to do so and he expected to be present. I do not know why I shoultl place no more reliance upon the word of that man than I he is not here. He expected to have the views submitted by him, as would npon the word of a man who had been a hundred years in the a minority report, read this morning, and then to follow up the read­ penitentiary, for I think the fellow ought to he there at least half of ing of his report by some remarks in support of it. I suggest that that time. I refer you now to my colleague for something in regard the clerk commence the reading of the minority report. to that person. Mr. ANTHONY. I have a resolution which I wish to offer. Mr. THURMAN. May I ask my friend, before he takes his seat, Mr. WRIGHT. Very well. whether this witness about whom he is speaking is a Pennsylvanian f Mr. CAMERON. I am son·y to say that he is. AGRICULTURAL REPORT. :Mr. THURMAN. It is the first unworthy Pennsylvanian I ever Mr. ANTHONY. I offer the following resolution: beard of, in the opinion of the Senator. [Laughter.] Resolved, That twelve hundred copies of the report of the Commissioner of Mr. CAMERON. And the first I ever knew of. [Laughter.] .Agriculture be printed for the uso of the Senate. Mr. ALCORN. I would ask the honorable Senator whether this This is the amount which the Senate has a right to order without mn.u's father was a good man 7 · the concunence of the Houso of Representatives. As no extra. copies Mr. CAMERON. I believe his father or his grandfather was a good have been printed, this will give Senators about ten or fifteen copies man. I remember one of his uncles once voted for me when I wanted apiece of this document. a vote very much. [Laughter.] Mr. FERRY, of Connecticut. I wish to know what we are going :Mr. SCOTT. .Mr. President, my colleague has referred to me. I do to do with them. not know that I can state anything corroborative of what he has al­ Mr. ANTHONY. I think we can ~et rid of ten or fifteen apieco l·ea.dy stated, of my personal knowledge, for his knowledge of this without the franking privilege. I do not care anything about it young gentleman is much more intimate than mine. He may have myself; but sorue Senators want it done. been born in the town in which I reside; I do not know whether he Mr. l<'ERRY, of :Michigan. I do not know how it is in Connecticut; wns or not; bnt his ancestry did live there, and were highly respect­ but I know I have had repeated applications from my State for this able people. My impression is that he is a native of another county, document. In the western part of the country there is a great de­ on the western side of the .Alleghanies, Indiana County, to whioh his mand for this report. father removed. :Mr. FERRY, of Connecticut. Will they pay for it if sent to them Mr. CAMERON. I believe my colleague is right. at their expense' Mr. SCOTT. I have not such personal knowledge of this young Mr. FERRY, ofl\fichigan. I cannot tell. That will be dec1ded by man aa my colleague bas, owing to the fact that he Jived for some the trial. Let us provide for the copies and then wo car. test whether months, or years perhaps, around the city of Harrisburgh. tho people are willing to pay for them or not. Mr. CAMERON. 0, no. [Laughter.] · Mr. ANTHONY. I will relieve the Senator from Connecticut uy Mr. SCOTI. nut the reputation which my colleague has given taking his share of the quota if he does not desire them. him is the one which the public give. I do not know him per­ Mr. DAVIS. I hope the ortler will be made by unanimous consent. sonally at all ; I do not know that I ever met him ; but I have heard It can be done in that way. of him frequently. His reputation is not an enviable one, no doubt Mr. ANTHONY. It requires unanimous consent to consider it now. about that. Mr. DAVIS. The people very generally want this report. Mr. SHERMAN. I move that the Senate adjourn. Mr. CASSERLY. I hope there will be no objection to the resolu­ The motion was agreed to; and (at four o'clock and thirty-six. min­ tion. It is only 500 worth, and my impression is that in the Stato utes p.m.) the Senate adjourned to meet to-morrow at half past ten of California the people will be very much disappointed if they do o'clock a.m. not soo this report in some way or other. 1873. CONGRESSIONAL RECORD. 175

Mr. FERRY, of Connecticut. I make no objection. which the Government has looked to sustain and support its financial The resolution was considered by unanimous consent and agreed to. balances in the past. We believe it is necessary to ma.inta.in this trade and its supremacy in the cott.ou markets of the world, in order C011DHTIEE ON LEVEES OF THE MISSISSIPPI. that the financial balances of this country may be maintained in the Mr. ALCORN. I ask to call up the resolution which was intro­ national exchequer. duced by the Senator from Louisiana, [Mr. WEST,] on the subject of ltww, sir, I ask that the Senate may. give unanimous consent to the the levees of the Mississippi River, with a view of o1fering a substitute committee to sit during the vacation, and I do not think the money for it. It will be remembered that it was objected to by the honor­ which will be thereby expended will be misspent. The subject was able Senator from Connecticut [Mr. FERRY] as being out of order, neglected at the recent session of Congress, for the reason that Sena­ and the Chair ruled it out of order. I took an appeal from the decis­ tors were absent who were upon that committee and were not here to ion of the Chair. That appeal I haYe no disposit.iou to press. I sim­ consult together until the session had partly elapsed, and when they ply wish to call up the resolution with the view of offering a substi­ came they were without that information which would euablo them tute for it. I do not think the Senator from Connecticut will have to make up a judgment on the subject. any objection to it. This committee is composed of gentlemen from different portions of Mr. WRIGHT. The Senator from Georgia [Mr. NoRWOOD] is now the country; and if they are permitted to go to the region where in his place, and it~ entitled to the floor by agreement. levees are needed, they will come to the Senate at the next meeting of 1tlr. ALCORN. If the Senator from Georgia will yielees of the Mississippi River be other day. I therefore a.gain raise the point of order. authorized to sit during the recess of the Senate. The VICE-PRESIDENT. The Senator from Connecticut raises a I do not think any Senator can say that that looks out of the field point of order on the reception of tile resolution. of legislation at all. If the Senator will allow me, I will merely show ~Ir. FRELINGHUYSEN. I ask the Senator from Connecticut if what llas been the action of the Senate during this session. there is: any other objection than that the ~esolutiou cannot Le cou­ Mr. FERHY, of Connecticut. I have no objection to hearing tile re­ sidered on the day it is introduced T marks of the Senator, subject to objection to the resolution. Mr. FERRY, of Connecticut. Certainly there is, on tho ground Mr. ALCORN. On the lOth of March the Senator from Indiana. npon wllich the decisions were made last week, I think in t\T'O in­ [Mr. MORTON] offered the following resolution: stances, by solemn vote of the Senate, that at this session measures contemplating legislation were not in order. Resolved, That the Committee on Privileges and Elections be instructed to ex­ amine ami report, at the next session of Congress, upon t.he best and most practi­ Mr. l!~RELINGHUYSEN. \Veil, Mr. President, I do not remember caule mode of electing the President and Vice-President, ami providing a tribunal those precedents; but I can clea.rly see why any steps in legislation to adjust and decide all contested questions connected therewith, with leave to sit would not be proper, because we are nvt a legislature; but the mere during vacation. appointment of a committee to gather information in reference to a The resolution was consiuered by unanimous consent and agreed to. national subject, one of importance, it seems to me is clearly within On the 12th of March the Senator from New York [Mr. Co~KLL.~G] our province. This is a matter which relates to the Senate alone, not tmbmitted the following resolution : to Congress. It is to get information for this body. Surely we can Resolved, That the Committee on the Judiciary be instructed to inqnire ancl re­ do that, and I think it is very important that we should have the in­ port, at tlle next December session of the Senate, whether tho Union Pacific Rail­ formation. I sympathize entirely with the measure. road Company, or any company authorizetl to builu n. branch road to connect Tho VICE-PRESIDENT. The Chair will submit this question to therewith, or any assignee of such company, will bo entitled to lanus or bonds for any road which such company may hereafter construct; and that uutil said com­ the Senate, to ue determined by the body whether it is in order tore­ mittee shall report, the executive officers of the Government are requested to issue ceive this resolution or not. no bonds or patent certiftcates that may be claimed for roads constructed andre­ Mr. FERRY, of Connecticut. As the matter is to be submitted to ported after this date. the Senate, I will say a few words upon the point of order distinctly. The resolution was considered by unanimous consent and agreed to. The Senator from New Jersey admits that action at this se~ion of a On the 13th of March, the Senator from Wisconsin [Mr. HowE] in­ legislative character would be improper; in other words, that motions troduced the following resolution : or resolutions looking to such action would be out of order, because Resolved, That the Committee to .Audit and Control the ContingC'nt Expenses of we are not a Congress. the Senate bo continued and authorized to sit during the recess of the Senate. Now, the objects of t.his select committee, as dofinered another resolution, as follows: in vacation, if it is to

which that resolution possibly could receive the sanction of the peace. We will have frequent occaaion to remark with what vigor if not rigor such power, energized by snch desire and ambition, was bro~ht to bear innis Senate. senatorial contest on friend and foe. . Mr. ALCORN. I desire to make an inquiry, whether the resolution The contest waa exclusively republican. CLAYTON had two opposing aspirants which I have introduced this morning cannot be offered as a substi-. McDonald, fm;mer.United St~tes Sena~r •. ~nd a negro named White, both republi: tnte for the resolution previously oftered, and of which notice was can. The legislative, executive, and JUdiCial officers were all republican. There was no hope fol' a. democrat to succeed. Of eighty-one member<> of the house in given. That was the effort I made when I was arrested by there­ 18TI, fifty-eight were republicans and twenty-three democrats. as statetl by Tank­ marks of the Senator from Connecticut. I proposed that this resolu­ ersly, the speaker. The oppressive disqnalifica.tion of votes excluded a sufficien~ tion should be offered as a substitute for the other in order to avoid ~umber of democrats from the polls to throw the power (except in a few counties) that question. mto the bands of the republican party. And such was and is the extraordinary power confided ~ re!tistrar~ of election to receive or reject a voter's name-and to Mr. FERRY, of Connecticut. You propose, then, when the proper the board of reVIew t-o retam or erase the names of voters registered-that the con­ t.ime comes, to call up the other, so as to offer this as an amendment trol of a governor over an election, by appointing his friends and snpporters on to itt those t~o boards, was only limited by his own integrity and that of his appointees. Mr. ALCORN. As a substitute; and I apprehend that will not In th1~ con.test the rep'!lblican party, being overwhelmingly strong, split by its very we1ght mto two factions. They came to be known respectively by the names have to lie over a day. of "Brindle-tails" and "Minstrels." Either claimed to be the elect. Gr were gathered many ardent defenders. And as exemplars of the characters who were from first to last the warm and confidential friends of Governor CLAY· already, that it cannot be considered at all at this session. The ques­ TON, I beg to give what the evidence shows to bethemoraleofthemost \)rominent tion on the point of order will then be taken on that. ?f those W:hc;>se acts and sayings, dming the senatorial struggle, are very Important Mr. ALCORN. Let it go over for the present and we will call it m de~rmmm~ the cb~rges made ~gainst Senator CLAYTON. For, from their con­ up hereafter. Let the resolution be regarded as an original resolu­ fidential relations to ~. from therr constant conference with him during and be­ ~ore .and after the session of the legislature which elected hinl, from their interest tion, to lie over one day. m ~s succeSR and depen~ence on him for office and other favors, we are enabled to demde to what extent the1r act& and sayings were the acts and sayings of Governor CHARGES AGAINST SENATOR CLAYTON. CLAYTON. We learn also with what kind of men GPOWELL CLAYTON, are not snsta.ined, ~egnlar lobb~t, during the session, for Governor ClAYTON, was most of his time m t~e executive office, and was present at several long, protracted int.erviews, held Mr. NORWOOD. Mr. President, I do not rise to make a speech. I at ru~ht between Gnfidential friend waB John McClure, chief justice of the supreme court, th~ appomtee of Governor CLAYTON. The testimony shows that he VIEWS OF THE HJNORITY. was fr~uently Wl~b ~vernor CLAYTON during his contest; that he was editor of Mr. NORWOOD submitted the following as the views of the minority: a. partitmn .gazette m ~Ittle Rock, advocating Governor VLAYTON's election to the As the minority of the committee of three appointed by the Senate to investi­ Senate while occupymg the supreme bench ; that as such editor he accepted a gate and report up~m certain cha.r~es made against Senator CLAYTON, I have been large snm of money from the friends of a bill to silence his opposition to the bill· unable to agree w1th the majority m the conclusions to which tbey have come, and and that he, during that time, engaged, or offered to engage, for a. large sum tO I tberefo1·e beg to submi~ to the Senate the conclusions to which I have anived lobby a bill througJi thele~slature. These facts except the laSt, he establishes' by after o. careful review of all the facts. his own testimony in this mvestigation. ' I regret that a majority of the committee did not see fit to lay before the Senate, A third warm and zealous co-worker for Gr CLAYTON as circuit-court judge, and was soon after (dunng the session of that le~u1lature) appointed by Governor CLAYTON to the to soouro his election to the United States Senllte. This general charge embraces supreme bench. His influence witn Gat in the Senate extended over a. period of two that others shared them. As, however, the fact is not denied by any witness, not years. This fact he states near tho close of his own testimony, when endeavoring even by CLAYTON or Hadley, that Hadley bought off White, it is not much of a. to explain the statement made by H. L. McConnell, his former pri"\'ate secretary strain on even hnma.n charity to believe that a man in the market to buy will not and political supporter, that CLAYTON told hinl the day after the second election arouse a sleeping conscience to stand guard against his being bought. "thefighthadcosthinl [CLAYTO~jintheneighborboodof$20,000." Hisextremedesire There are other actors in this drama whose moral figures woula not compare un­ to be a Senator likewise throws much light on many acts whose full force might favorably with those already, but partially, delineated; but as I have sketched the not otherwise be realized. In a. conversation held by CLAYTON, Lieutenant-Gov­ chiefs, I leave the others to speak for themselves through their own and the ernor Johnson, Thomas M. Bowen, Joseph Brooks, anll J. L. Hodges, a. short time mouths of other witnesses, a.nd will now proceed to a summary statement of the before CLAYTON's tsecond election, Brooks and Hodges both testify that CLAYTON facts. Anil in doing so, as a. matter of convenience, and to economize time and stated he had long earnt>stly desired to be a Senator; that it was the dream of his apace, after once introducing a party or witness by his full name, I will employ lifo; that hA was as ambitious aa Vresar; and that had he his way he would sway only his surname. the scepter of universal empire. I will take the specifications in the order in which I have arranged them and I wonld further state that b~e laws of Arkansas, under her new constitution, wbile I treat each separately for the purpose of grouping like facts, that they'may tho governor is clothed with niiullbal power and patronage. It is sufficient in tbis boseen at one view, as will be seen hereafter, I re11olve the seven specifications into connection to say that, with all theotberpower and patronage incident to the executive three charges, all and ea{)h of which I think the testimony and evidence sustain. of each State, he haa the power of appointing judges, sheriffs, and justices of the And, first, as to the corrupt appointment and nse of registrars. It is not un- 1873. CONGRESSIONAL RECORD. 177 reasonable to assume that Governor CLAYTOY after tile canvass of over a year, the raco, knowing, as he says, bow registration hn.d been conducted in the former accordin~ to hls OWll· statements, prior to the summer of 1870, (lor in March, 1871, election for Con_grcss, in 1868, he called npon Governor CLAYTON to know if the he staten that it llad extended for two years,) with his ambition to be a Senator, people of Arkansas would have a fair electwn. He says CLAYTON smiled, and ~aid selected his own friends to register the electors of the general assembly, and of that depended very much on circumstances. What those circumstances were will other offi.cers to be olected in November, 1870. This assumption is I.Jorne out by appear hereafter. JWgers states that, about two weeks before the election, he the testimony. complained to Governor CLAYTON of the abuses in registration in his district; told In the county of Pulaski he appointed .James V. Fitch and E. H. Chamberlain him that out of about 2,200 voters in Union County tuere had been registered but registrars. There is much evidence pro and con as to the fraudulent registration about 700 to 800, and that in Chlcot County they were registerin~ about 1,200 rail­ made by that board, :~.nd without stopping to settle the point of veracity, it is suf· road hands, non-residents, who were there employed by one .Jackson E. Sickles, a ticient to say that without any prior announcement of his intention~ Chamberlain, railroad contractor. Rogers states, as does Sickles also, that Sickles was a personal who was one of the most zerilous of the partisans of CLAYTON, ana worked from and political friend of Governor CLAYTON, and desired him to be Senator. Governor firBt to last for his election, and who was mtroduced as CLAYTON'S witness in this CLAYTON said to me, "I have no control over my registrars, and I cannot do anything investigation, just after registration closed, and within five days of election, on with it." Rogers replied, "Governor CLAYTON, you have attempted to control; in two tile Bth of November, announced himself as a candidate on the CLAYTON ticket for or three instances you have removed registrars and appointed others, and now you the legislature; and while by the returns as set forth in the testimony of the wit­ tell me you cannot do it." To which CLAYTON replied," Danm it, I do not know ness .r. L. Hodges, he (Chamberlain) received but 1,892 votes from the counties of but what I did wrong, but the damned rebels there ought not to vote anyhow." Ptilitski and White, constituting his district, out of a vote of about 5,000, he was Rogers replied," Governor CLAYTON, yon are not the constitution of the State. It is returned by the secretary of state to the lower house as one of the memhers-elect, your business to enforce the law if it dooms every man in the State, and when you and obtained his seat. And from that time to the end of the disgraceful struggle, assume to be the constitution yon assume too much." Ros-ers called his attention to carried on in and ont of tho legislature for near two and a half months, for the elec­ two hundred sworn certificates of persons debarred the ngbt to register. CLAYTON tion of United States Senator, he was not only the supporter but the confidential replied, "I have not time to coiTect it now." Roger& says this was about nineteen agent and adviser of Governor CLAYTON. .James V. Fitch was rewarded by an days before the election. Much more was said, with which I will not encumber my executive appointment to the office of circuit clerk of Pulaski Count.y and clerk of remarks, but which illustrates the manner in which Governor CLAYTON conducted tho criminal court, which court was created at that session of tho legislature. t.hat registration. Governor CLAYTON admits the conversation and does not deny The witness, A. A. C. Rogers, says that in C.:>lumbia County CLAYTON appointed a the language, but explains by saying that he referred to Ku-Klux outrages exist­ b:•y from Illinois, named Ryan, registrar, and that in Hot Springs County he ing at the former election, in 1868, and that he said to I:.ogers that if they were to appointed Z. L. Cotton as registrar, who, it was generally understood, lived in the be repeated he would control the registration to prevent them, or words to that county above and out of tho district, though by the law of Arkansas the governor effect. The Senate will be enabled to judge between the two statements when this is required to appoint a resident of the county, who has resided in the county six conversation is given more in detail. Rogers states tilat CLAYTON removed .Judge months before the rooistration. Alexander, in Ouachita County, after regi8trationwa.s complete, and appointed a man Tho witness Met. f. Jones st&tes that CLAYTON appointed a man named George named Thompson registrar who lost the regilltration-bool.: and ran away; that he re· A. Wilkins rflgistrar in Colombia. County, and that Wilkins was afterward ap· moved Hicks, a registrar in Hempstea.d County, and appointed Beldin, the unole or pointed justice of the peace. A justice of the peace in Arkansas has jurisdic· father of D. P. Beldin, senator from Hot Springs County, who was one of CLAY• tion up to $500, and the fees of office are high. That W. H. Atkins, registrar for TON's strongest friends during his senatorial contest. • union County, was also afterward appornted a justice of the peace. The second specification is as to how the nominations for members of the legis­ The witness .Jones states that Cotton was a resident of Mount Ida, Montgomery lature were mani:f!ula-ted by Governor CLAYTON and his friends in his own interest. County, •·rhile acting as registrar in Hot Springs County, and was afterward 0.11. this point I Will be brief, contenting myself with reference to one transaction appointed clerk of the Montgomery County court. by way of illustration. The witness, Judge Story, tOBtifies that he was a candidate As evidence of the sympathy existing between these registrars and Governor for the legislature from Columbia County; that a man named Archer, a supporter CI..AYTON, I refer to an interview detailed by the witness Met. L . .Jones between of CLAYTON, came into the county and said that Governor CLAYTON did not desire himself, Governor CLAYTON, and .Judge Bearden. He says, such were the frauds hlm to go to the legislature, and asked him if he intended to persist in his candida{ly; beiDa committed by the registrars in Columbia and Union Counties that many he replied that he did. Archer then produced from his pocket an order or procla­ citizens of those two counties met in convention, and appointed .Jones and Bearden mation issued by Governor CLAYTON and threatened Story that if be did not desist, a committee to wait upon the governor and make complaint and petition for redress. and allow CLAYTON's friends to be elected, that the public printing, which Story, a He stated the case; told Governor CLAYTON that he had affidavits of fifteen sub· republican, was then doing in the Magnolia Flower, (a. gazette of which he was slantial men in his county to t.he fa{lts. Governor CLAYTON said, at first, that was ex editor,) would be taken from him and given to another paper. He was then doing parte. Witness offered to put them in proper form. Governor CLAYTON then said the public printing for two counties, Union and Colombia. The public printillg it was too late to investigate, (though the witness states the interview was fifteen was afterward given to the South Arkansas Journal, printed at Camden, Ouachita d.ws before the election, and the law of Arkansas is that registration closes only County, forty miles off; not more than fifteen copies of which, the witness states, ten days before the election.) .Jones then asked him to remove the registrar. were taken in his county. This patrona&e consisted of publication of notices from CLAYTON r·eplied he did not have the power; to whlch .Jones rejoined he had the probate courts, exeoutors' and administrators' sales, &c., and for the two coun­ already removed some. CLAYTON said he bad, but that be thought he had tran ties was worth to Story $3,000 per year. This printing was taken away after the scended his authority, and that he would refer the matter to the courts. When delegation from that county reached the legislature and persistently opposed the asked if he would not inted"ere then, be said he would after the election. Jones election of Governor CLAYTON. The witness IISked Governor CLAYTON wllyitwas sJ.id then he would apply to the courts, and CLAYTON told him he would not submit done. He gave no reason, but referred to the course the delegation had taken toward to that interference by the courts before the election; and if he (Jones) attempted hlm. Several other witnesses besides Story also testify that while tile primary meet­ to arrest the registrars before the election, he would treat the a{lt as insurrection­ ings were being held for nominations throughout the State, CLA.YTON was going ar)·, and would employ force, if necessary. Met. L. Jones was an intelligent man about the State providing for the nomination of men favorable to hifl election. The and a lawyer. witness, J. T. White1 testifies that after the nomination was made in his county, In thi~:~connection I will give the first and second sections of the act of .July 15 CLAYTO ·appeared tnere and insisted upon a renomination, which was carried out, Ul68, regulating registration of electors in Arkansas, page 52, Statutes of 1868, and and the ticket elected. The witness who was nominated the first time was re­ will state that there is nothing further in the whole act, or any other law of Ark· tained on the ticket as a. friend of Governor CLAYTON. ansas, brought to the notice of the committee, whlch abridges the power therein The third and fourth specification charges a corrupt agreement with the demo­ conferred on the governor : crats, and particularly with General John Edwards, democratic candidate for Con­ "SE(,'TION 1. That on or before the 1st day of August, 1868, and e'\"ory two years gress, in pursuance of which the democrats wore to support Governor CLAYTON thereafter. the p:overnor shall, with the advice and consent of the senate, appoint for the Senate, and Governor CLAYTON was to aiel in iho elec.tion of Edwards, and three loyal, competent, and discreet citizens in each county, who shall ha'\"e resided to give him the certificate of election. The inception of this transaction occurred at least Ilia; months in the county next preceding their appointnttnt. Said persons shall in October, 1869, as testified by the witness A. A. C. Rogers. He says that at a be styled and called 1>oard of registration, one of whom shall be d.esignat~d by the meetin~ of the most prominent democrats in Little Rock, assembled to consider governor as president of said board: PrO'IJided, That in case no such person can be the pohticalsituation of tho State, J ndge T. M. Howen appeared with a written prop­ found in each county within tho State, then and in that case they shall be appointed osition from Governor CLAY'rON to form a combination with the democrats for their from the county most convenient thereto, each of whom shall serve two years, un­ support. He said he was ri~htfrom Governor CLAYTON, who approved it, and that less removed u provided hereinafter: And priYVidedjurther, That the governor, in lieu ho was there in CLAYTON's mterest. His proposition was that Governor CLAYTON of one of the citizens to be appointed as above provided for in this section, may des­ woultl cantrol the election so as to secure a legislature favorable for himjor the Senate, i..d General Edwards. antl italicized by me, I challenge all Christendom to produce its parallel for anti· There were two republican conventions held at Fort Smith to nominate candidates rerublicanism and tyranny. . for Congress. E . .J. Searle was nominated by the other. Judge Thomas Boles was t is very ea.sy to see how, with such harsh and at the same time mobile J.>OW&r, nominated as tho regular republican candidate. Edwards states that bo ran as an loJgcd in tho discretion of the instruments and favorites of a. governor actmg in independent candidate-a. quasi repu blican-lmt supported by the democrats and con­ tbo capacity of registrars, they could manipulate the election of a. legislature to servative~>. In a short time Searle withdrew, leaving Boles and Edwards to run secure an overwhelming majority. the race. The majority of this committee in their report assume as an uncontro­ verted fact that Governor CLAYTON supported Boles, the re~lar republican; but U> t~ec;:~~n;;,:n~ ~f 'fu: ~~~~A.~~6.~ ~':.disC~~~~: ~~fda~1~ rc!~r_ gress against 0. P. S~ER at that election. ~ Augusf, 1870, before Rogers entered :~:. ~\~:~~~~~~!"edt~ sh~~~~d'if~l:!~id::g:~:~~~t ~:btS:i! ~~fa~~ 12 178 CONGRESSIONAL RECORD. 1\fARCH 25,

that CLAYTON was supporting Edwards, it undoubtedly shows that if supporting Governor CLAYTON r efused to i~< s u e his proclamation de cla rin~ Bolrs elected, and Boles Edwards was t.l1e subject of much well-plied coquetry ; for Edwards and his n ever did issue t{) him the certifica t e of election. His only excuse for r efusing to . friends were certainly under the impression that Ed wards had the executive favor. comply with the law above quoted is that a few days after the election certified The witness H. L. McConnell swears in terms that Governor CLAYTON supported copies of affidavits, ac.companied by a petition purporting to b e signed by several Edwards. And just here, as an attempt was made, in consequence of the strength of candidates for the legisla ture in Pulaski County, asking him not to count the r eturns McCmrnell's testimony against CLAYTON on this and other points, to impeaCh his from that county, ou account of alleged frauds, were laid before hiul. These cer­ veracity, and as a majority of the committee, in arriving at their conclusion, have tified copies are signed by Stoddard (brother of Chauncey Stoddard, who bribed ~ entirely ignored his testimony, I will state the reasons why I give credence to Prigmore) and other members of the legisla ture. When CLAYTON was on the his statements. He went to Little Rock in 1869, with a letter of introduction stand h e could not recognize the handwriting of but two of these petitioners, though to Governor CLAYTON, going from Leavenworth, Kansas, where Governor CLAY· he knew them all well, and these two are Howard (a democrat) and Chamberlain, (a ·roN formerly resided. Being an editor, and evidently a very intelligent man, he conservative, who was his political friend and voted for him for Senator.) Why was engaged by Governor CLAYTON as his private secretary. He commenced certified copies of affidavits were used no witness explains. Why only the signa­ advocati.llg, in a. public gazette, Governor CLAYTON 's election to the Senate, and tures of Howard and Chamberlain are proved (and that by CLAi'TO, only) to continued in both capacities until Governor CLAYTON's election. These facts be genuine the committee are not informea. But here comes in an extraordinary are not {lenied by CLAYTON himself. They were certainly on the mofilt intimate fact which may be, and in my opinion is, the key to the mystery. No one ever terms. Sustaining those relations to Governor CLAYTON for two years, he cer­ saw those affidavits and petition until this investigation commenced, though CLAY· tainly ~ad full opportunity to ascertain dming that time whether McConnell was TON says he received them the 17th of November, 1870, so far as the testimony a man of veracity; for let it be borne in mind \hat his testimony is not discred­ shows, except CLAYTON and Chamberlain. R. J. T. White, secretary of state, ited by contradiction, but, on the other hand, is cormborated in many points by swears be never saw them. Barton, CLAYTON's private sec_retary and brother-in­ se>eral witnesses. The attempt to discredit him waa made by introducing two or law, and his witness, makes no reference to the exist-ence of these affidavits and three parties, unknowp. to the commit~e, ~ho swear that McC~mnell's reputation the petition. And when CLAYTON was aaked bow these papers came to be in his while in Leavenworth, and afterward ID Little R-Ock, for veramty was bad. That possession now, his significant reply waa that when he vacat~d the executive chair he was the holder of tho political secrets of Governor CLAYTON is fully sustained be retained tllem, 11 deeming they would probably be of some importance in the by CLAYTON 's own testimony, for, some time after the senatorial election, and, in future.'' Boles also swears that in his interview with CLAYTON, thirty days aftPr 1871, two witnesses, Mr. and Mrs. Parish, whQlle voluntary afficla.vits were admit­ the election, ( a.bout 8th December,) when CLAYTON told him to "go on to Washiug­ ted in evidenuo by consent, swear that Governor CLAYTON, durin~ McConnell's t.on, h e (CLAYTON) gnessed the oortifica.te would be all right," CLAYTON did not absence from his room, which wa.s in Parish's dwelling, entered McConnell's room, even refer to the existence of these affidavits and this petition. opene(l his trunk, r~sacked it, and examined a large number of letters therein, Another part of this history necessary to be known is this: Chamberlain ~tn c'l and took away a large bundle of papers. The witness says they were letters which Howard were beaten by the returns first made from Pulaski County. Tho clerk would show Governor CLAYTON's relations to Edwards. Cr,AYTON says they were of the county, McDinrmid, had received two sets of poll-lists; had rejected one letters which be had given to McConnell to answer, and which McConnell had not and certified the other and sent it to the secretary of state. The one certified answered. McCounell, who says that he occasionally-two or three times a :rear­ defeated Edwards and elected Boles-defeated Chamberla.i.n, Howard, Gantt, gets on a uronken spree, was at that time drunk and had been absent from his Mitchell, and others, and elected J. L. Hodges and others. room for a tlay or two. Their relations were certainly extremely confidential, not It was all-important, therefore, in order to justify it~.~ning the certiticatc to only from the testimony of other witnesses but from the admissions of Governor Edwards, that the rejected polls in Pulaski should be counted, and the polls certi­ CLAYTO~ himself; besides, as to several material statements, Governor CLAYTON fied to the secretary of state should be rejected. When Edwards called on Gov­ corroborates the testimony of McConnell. As, for instance, McConnell testifie8 ernor CLAYTON, about ten or fifteen days after the election, they aml Chamberlain that CLAYTON offered Grady, a member of the legislature, the sheriffalty of his held a conference, and it was then and there agreed that steps should be taken to (Crawford) wunty to vote to impeach Lieutenant-Governor Johnson, and about get the returns excluded by McDiarmid sent up. Chamberlain sued out from the that CLAYTO~ says, he has an indistinct recollection of McConnell's speaking to him supreme court, then consisting of McClure, Bowen, and Wilshire, (another adher­ about the sheriti' s ofiice of the county, but does not remember that he made any ent and appointee of CLAYTON,) a mandn.mus to this clerk. A case was made, and promise or pledge. the court decided that the excluded polls were the legal votes. But st;ill the cer­ Aaain, McConnell says that CLAYTON told him his election had cost him ~0,000. tificate waa not issued, though this decision waa rendered two days before the CLAYTON admits he told him that it cost him a great deal of money, and explains legislature met. The election for Senator waa yet to take place, aud the support in what way he spent it; and it is most noteworthy in determining the credence of Edwards and the democrats was to be given. The election occurred on the 11th to be given to McConnell, that Governor CLAYTON, while testifying in his owu be­ of January, 1871, and :~11 the democrats except. five voted for CLAY'l'ON. ITo ac­ half, and being represented by two counsel supposed to be learned in the Jaw, and cepted the position as Senator, and still would not issue the certificate. Two of to understand how to conduct a defense, to wit, John McClure, chief justice of the candidates for the house in Pulaal.:i County, Gantt and M.itchcU, had pro;>osed the supreme court of Arkansas, and Thomas M. Bowen, ex-justice of the same to CLAYTON, Edwards, and their friends that they would desist from this conte ~:~t for bench, (McClure appointed by CLAYTON, no doubt on account of his judicial learn­ seats if CLAYTON would issue the certificate to Edwards. When CLAYTON was ing ) did not in all of his testimony refer, by denial, to any of McCOnnell's state­ elected on January 11, a-s above stated, Gantt (who waa authorized by Mitchell to me~ts, which are numerous and very damaging if true, except the two instances act for him) complained because Edwards wa.s not commissioned. On January 27 that I have referred to above. Gantt addressed the following letter to the house : .And now to resume the evidence be.aring upon Edwards's case. 11 To the honorable the house of representatives of the State of .Arkansas: McConnell, who by editorials and correspondence waa advocating CLAYTON's election and waa on such terms of intimacy with CLAYTON, publicly and pri­ "I learn from the published proceedings of the house of representatives, in the vately ~pposed Boles and advocated Edwards's election. He produced five let­ city papers of this date, that it was announced in your honorable body on yester­ ters written to him by Edwards during the campaign, the first dated as early day that I had retired irom any contest for a seat therein, and that the protest and as the 19th of January, 1870, in which he says, "'Ve are bound to sweep the p!tpers presented on the first day of your session by Ron. L. B. Mitchell and myself 'State and elect CLAYTON to the Se:nate; most of the demoC';1'ats will vote for us. I had been withdrawn in accordance with our offer to abandon our contest on conrli­ am glad you are with u.s for CLAYTON. " The second, dated November 25, 1870, tion that a certificate of election, as member of Congress, was issued to General J obn says, "If we can succeed _in ~etting the returns of the legal llolls sent up,_ I Edwards. I cert11.inly understood this to be fully assented to, and in compliance am satisfied the governor will disregard the bogus returns and [ftVe m.e the certifi­ with that agreement prepared a formal abandonment of the contest, in writin~, to cate." in anothe1· letter, written before CLAYTON's first elact.ion, Edwards says, be used only after such certificate should have been issued to General Edwards. "I have succeeded admirably in squelching .out several contests in other counties, "Believing that General Edwards had been legally elected a member of Congress, ancl that he could render efficient service in that capacity, but fearing that the is­ urg~d on by the* • Brindle-~ls, ' in order}<> comprMn~e the conte~t from Pula~ki." suance of his certificate of election was likely to be delayed, if issued at all, and "If CLAYTON should count the five townships, and give Boles the certificate, a desiring that it should be issued, wo consented to surrender our individual rights howl would be raised by conservatives and repulJlicans that would let in Brooks and in tht3 preiDlSes for what we consiclered to be the public good. Hodges 1 two republican candidates for the ll'gislature, who were contesting for "Ron. L. B. Mitchell and I are able to show, by the most indubitable evidence, their se~ts and opposed to CLAYTON, one or t •ml u, ilrooks, a very influential man,j that we were legally elected representatives from the tenth district, and respect­ and keop ~ut tlle others who had public1y pledged to hls support.'' The fomth fully ask that we be afforded on opportunity of doing so; that the papers connected letter says "CLAYTON haa the inside track ; can be elecwd, and, above all, will with our contest be re-referretl to the committee on elections, and that we may receivo the' suppnrt of all the conservatives; but if he should fail to give me the have a fair and impartial bearing. certificat-e such a howltU! will go up you never did bear." In the fifth Iett~r. dated "R. S. GANTT." February i2, 1871, and which wa~ writt~n after CLAYTON's first election, (.Tanuary, Before the date of Gantt's letter the court had decided that the excluded polls 1871) and before Edwards got his certificate, (February 20, 1871,) Edwards says, were the legal votes in Pulaski County, which gave Edwards a majority of fi.ftv, and "F~om the vote oustinrr the great high priest, Joe, [meaning Joseph Brooks, the the legislature, by joint committee, had decided the same question in the· same senator who had been t;rned out of t4e senate by CLAYTON's supporters,] I shall way. This result, let it be remembered, was all CLAYTON said he desired t-o decide bo uncler ·more obligations to the governor for the certificate than any one else, and to whom he would issuo the certificate. Hence Gantt complained, because the I think I can, in turn, render him essentia.l service, as they intend making war on agreement had been carried out by him and the other democrats, and CLAYTON had him on his takin~ his seat." I call attention to the letter dated November 25, 1870, not issued the certificate to Edwards. in order to state m this connection that Edwards swears that he went from Fort I will now state some facts which furnish an explanation of this delay or refusal. Smith his home to Little Rock within ten or fifteen days after the ele9tion, which The fact is sworn to by many witnesses on both sides; indeed, itis admitted by CLAY· was h~ld on the Bth of November, to see Go>ernor CLAYTON al!out his certificate; TON tllat during the canvass for the election for the legislature and Congressmen, that CLAYTON then and there said that h l', CLAYTON, would be~overned in issuing he pledged himself to his political friends that he would not, if elected Senator, the certificate by the action of the courts and legislature. This statement shows ~ccept the position and leave Lieutenant-Governor Johnson in office to become that CLAYTON already had the returns before him, and knew the result of t~e re· governor. This pledge waa on him at his first election in January. He, as is turns. Boles swears that he first called on Governor CLAYTON to see about the iilleged, bad a proceeding quo warranto instituted against Johnson to turn hin1 out certificate after the expiration of thirty days from the election, which must have of office, on the sole ground that Johnson, who waa elected with CLAYTON in tho been after' the 8th of December, and that CLAY'fON then told him that he had not spring of 1868, and had been in office for over two years, and presiding over the examined the returns because he had not been well; that CLAYTON said nothing senate by virtue of his office, had not taken the oath of office as lieutenant-governor about the result of the election as shown by the returns, but said that Boles might within the time prescribed by law. This was more than even the supreme court of go to Washington; he, CLAYTON, guessed the certl!lcate wo~ld be all right. .Arkansas~ constituted as I have shown it waa, could stand. The qtW warranto Boles testifies that he was the regular repubhcan nomruee for Congress; that failed, ana CLAYTO)I kept his pledge by resigning the Senatorship. Searle was the nominee of the other faction; that CLAYTON considered him (Boles) The democrats and conservatives then became furious. Gantt sent in his let tor opposed to CLAYTON's election to the Senate. to the house. Articles of impeachment were preferred against CLAYTON in tho Edwards witness for CLAYTON, testifies that he waa an independent republican house, and fourteen of the friends of CLAYTON, to prevent their presentation w the candidate;' that CLAYTON favored Boles's election; that he (Edwards) was in favor senate, deserted the senate and" took to the brush." The certificate was issued of CLAYTON for the Senate. to Edwards, and Gantt and Mitchell gave up the contest for their seats. From The returns it is admitted on both sides, in the executive office showed that this time to the date of CLAYTON's second election, on the 15th March, 1871, two Boles was elected over Edwards by a large majority; but CLAYTON refused to give other means were adopted to secure p.i.s election. They constitute the foundation the certificate to Boles. The law of Arkansas requiring the governor to issue the on which the sixth and seventh specificationa rest. certificate is as follows t I will now proceed with the evidenco bear~~ on the CLAYTON-Edwards agreement. "It shall be the duty of the secretary of state, in the presence of the. governor, Boles t-estifies that CLAYTON was unfrienruy to his nomination; that during the within thirty dn.ys after the time herein allowed to make r~turns of electio!-ls to the canvass CLAYTON ask en for his support for the So nate, and he told CLAYTO)I that he clerks of the county courts, (i. e. , five daYH after the elechon,) or sooner, if all the must stand n eutral between him and McDonald. ~~~ti!s8~~11s!~h~~~~~~ih:~~ ~~~tr~fu~: f~r;:~t: ~~~~~~e ~~t~df~~~'t:e~~~~ c!!:u~~~s~:;;:~~ 8~!i~g~: aH~:,Y~i~~~ll,~~~c!~~'iliA~~~~ ~~~b !~1~~~ bers of Congress, and the governor shaU imrnediately thereajt.Pr issue his proclama­ and I agreed on the investigation, which was to change the r esult iu Pulaski tion declaring the persons having the !.ighest n1frn.ber of votes to be duly electe~ to County, by which I wouln get a ma1jority. Chamberlain agreed to take the matter represent the State in the House of Representatives of the Congress of the Umted in band. Chamberla.in nw,y have told me that he was movin~ in the investigation States, and alta.ll grant a certificate thereof under the seal of the State to the person at the instance of Governor CLAYTON. CLAYTON a!)cl I agreed on the matter as any so elected.'' ( S.ta.tutca of Arknu&l\s, 1868, page SCl.,.:i section 50,) two would agree to any proposition. I always saw CLAY'l'ON privately. Chaml!or. 1873. CONGRESSIONAL RECORD. 179 lain told me that be bad talked with CLAYTON and that CLAYTON desired the investi­ tifieates. Chamberlain, Goad, and Pilkington were also contending as oppoliling gation to go on-just such an investigation as afterward took place. [Investil!a· candidates. The latter were known ns CLAYTON men. General Upharu was ap· tion here referred to was tho one afterward conducted by a joint committee of both pointed clerk of the committee. I should say that., by the returns, the CLAYTO~ houses, :5amuel Mallory, senator, chairruan, for the double purpose, first, to fur­ men were defeated, so the investigation bad a double purpos~to seat Edwards iu nish a ground for issuing a certif:icate to Edwards; and, secondly, to exclude certain Congress, and to seat Chamberlain, Goad, and Pilkington, who favored CLAYTON's Jandidates from Pulaski and other counties who were opposed to CLAYTO:>~ ' s elec­ election. tion, and who, by the returns then in the executive office, were elected.] Chamber· Chamberlain, CLAYTON's witness, says: "The following-named witnesses, whose lain always said be desired CLAYTON's election. I left home, on my way to Wash· testimony appears in the report of the .:M.allory committee, were never examined ington, about the 23d of February; was informed by letter before leaving home by the committee, to wit: J. W. Raybun, Calvin Pemberton, "Milo Arbuckle, John that I would get my certificate. [Certificate was issued the 20th February.J I W. Mooney, Isham \Vhite, Harvey Harrison, and R. R. Carlisle. I took their affi­ beard a rumor of this bargain between CLAYTON and myself before the certificate davits myself. I took some in the office of Mr. Fletcher, who was a. democrat. was issued; den;ed it privately, but not publicly. Gantt told me that if the inves­ General Upham, secretary of the committee, who wa,s a warm friend of Governor tigation (by Mallory committee) was made, I would go to Congress, and he and CLAYTON, told me he desrred a quiet place to take the testimony of certa.in wit­ Mitchell would, in that cnse, withdraw from their contest. The polls which Mc­ nesses. He saill many desired to testify whose testimony be did not want, among Diarmid, the clerk of Pulaski County, had excluded were counted by the Mallory them Joseph Brooks and J. L. Hodges. I got the key to the law-office of Faust & committee, aud those he returned were rejected; this ~ave me fifty maJority. The Ratcllife, at Upham's request. The office wn~ in a room in the rear of the building, Mallory committee reported after CLAYTON's first election. No one ever approached approached by a dark passage, in which there was no light. One member of the me on the su bjcct of a bargain further than M to the withdrawal of Gantt and committee came that nit~;ht, Mr. Cohn, I think, member of the house, devoted to Mitchell. I probably wrote letters urging CLAYTON's election. My first inter­ CLAYTON, and who was afterward appointeu clerk. The committee had me~ before view with Governor CLAYTON, about my certificate, was ten or fifteen days after in Upham's office, across the street from the State-house." (The witness aoes not the election. He said in that interview he would be governed by the action of say whether any witnesses were examined.) the courts aml the legislature. Democrats and CLAYTON republicans told me the Hodges says: " I endeavored to get before the Mallory committee to testify, but same thing. Both CLAYTON and White, secretary of state, told me the election never could succeed. I was never notified of the t.ime and place to take proof. I returns were lat-e coming in." went one night by appointment of the committee, but there was no member of it McConnell says: "Governor CLAYTON supported Edwards in the election. He present. Failing in my efforts to get before the eommittee, I called upon Gen­ told me he would issue the cert.ificat-e to Edwards. Neal, democrat, told rue that eral Upham, the secretary, and proposed that, as I could do no better, he should there were great complaints among the democrats that CLAYTON had not given the take my testimony. After making ru;v: statement for some minutes, I discovered certificate to Edwards. I told CLAYTOS of the complaint. There was at that time he was taking down what I bad not sa.1d. I charged it upon him, bnt he would not a coalition between the democrats and Brindle-tails to unseat CLAYTON men in the allow me to make th.e correction!!. The testimony reported by the "Mallory com­ legislature. I told him Whitesides, elected sheriff of Crawford County, bad not mittee as mine was not given by me." received his commission, and suggested that he commission Whitesides to concili­ Battle says: "Was a member of the joint investigating committee of which Mal· ate the democrats. CLAYTON assented, and informed me that he would issue the lory was chairman. The committee sat a few times, examined Ohamberlain, Hart­ certificate to Edwards. He said, however, that commissioning Whitesides would man, Webster, John Rei~ler, N. L. Pears, S. R. Harrington, Hagan Green, and raise a howl amoul:? th(' ultra republicans. I saw Gantt on the mornin~r of CLAY­ James V. Hitch. [It will be observed that the witnesses whose names are italicized TON'S second electwn; told him CLAYTON bad fulfilled his pledge by issuing the were no doubt very swift. Fitch did the 1 egistration that they were investigating. certificate to Edwards, and that he (Gantt) ought to do something for him; Gantt Chamberlain, after advising with CLAYTON, Bowen, Bennett, and Edwards, got up said he would ~o out and do what he could. Judge Walker, of Washin~nCounty, the investigation at Edwarils's and CLAYTON'S request, and furnished the names of sent word by Edwards to CLAYTON that, if ho treated Edwards right, Walker woufd the committee to Tankersley, the speaker, arul the committee called in those special m.·lfe his repreRentatives, Owen and Car:tloff, and others, to vote for him. friends of CLAYTON, whose names are italicized, to do the swearing.l The Witness ' While the impeachment was pending against ~LAYTON, Edwards told me he says Hodges was not examined before the committee. I did not know that there­ could not do much to relieve him unless he, Edwards, got his certificate, and asked port of the committee was going to be made uutil it was announced in the house. me to tell CLAYTON that Edwards says that CLAYTON had promised to give him the I did not unite in it, nor approve it. It was made by C. C. Waters, in the house, certificate and was only waiting for a re~ort from the Mallory committee; th.at who was afterward appointed judge of the criminal court in Phillips County. the report bad been made and the decisiOn of the court in the mandamus case Waters was never present when the committee sat." rendered, and that he wanted his certificate. I told CLAYTON, and the certificate Joseph Brooks says: •· In an interview held by Governor CLAYTON, Lieutenant­ was given the same or the next day. The impeachment was on the 16th and the Governor Johnson, Judge Bowen, J. L. Hodges, and myself, just before Governor certificate was issued on the 20th of February. I was acting as the medium of CLAYTON'S second election, that Governor CLAYTON then »tated to him that the Mru: communication between CLAYTON and various parties." lory committee and its proceedings were projected simply for the purpose of a. Chamberlain, witneas for CLAYTON, says: "Gantt placed the matter of his resig­ count-er pressure to a fight, which he unden~toot.l we were putting up on him in nation, to assist Edwards, in my hands, and said that he represented Mitchell Washington." Brooks told him "that he and Hodges had been wrongfully and also. By cha.nging tho returns from Pulaski County, Edwards would be 11eated. outrageously and uulawfully kept out of their aea.ts, through his influence chiefly, I proposed th1s to Edwards, and, with his approval, saw Goveruor CLAYTO:S through the power of the star-chamber Mallory committee." These statements about it. When the legislature met, a resolution was introduced to raise a com­ are corroborated fully by the witnel!ls, Hodges, and are not denied by Governor mittee. Judge Bowen, Tankersley, and Judge Bennett were present when I CLAYTON. To the account of this interview, as given by Brooks, who is e;very intel­ saw CLAYTON. CLAYTON told me to hurry up the mandamus case, and to ~et the ligent man, I especially invite the attention of the Senate. other returns from Pulaski County. I was o. supporter of CLAYTON, and opposed As the fifth and sixth specifications of charges both relate to the means employed Boles. Edwards was urgent for the investigatwn. Judge Bowen furnished tl~ to remove Lieutenant-Governor Johnson from office, and thus remove the last names of the committee to me, an. ordered on the resolution to unseat me. I appealed for an opportunity to behearu. There were no affidavits or petitiou touching the election brought to my notice by I wrote a note to Senator Sarber (a supporter of CLAYTON) to intervene for mo. Governor CLAYTON." He said he would consult with Governor CLAYTON, and let me know if I could bo W. S. Olivir, witness for CLAYTON, says: "CLAYTON advocated the election of heard; be went and returned, sayin~ he had seen Go\'ernor CLAYTON, who was in Boles and the republican ticket for the legislature in Pulaski County; CLAYTOY his office with Judges Bennett, Searle, and Bowen, or McClure, (not certain as to a1lvocated the election of Brooks and Hodges in that county in all his conversa­ which of the last two named,) and that they were consulting on the subject; that tions with me." (We will see directly what measures CLAYTON advocated to keep the governor signified he would let him know in a few minutes; that he would go them from their seats, when it was known they were opposed to l;Jis nomination again and inquire o.fthe governor if they might adjourn the question over till morn­ for Senator.) ing. I heard nothing more from Sarber. I thou sent a message to CLAYTON by Jo­ Catterson says : "Isaan C. Mills was demooratic candidate for sheriff i:n Pulaski seph Myers, who retumed no answer. Tho question was not adJourned over, anll County in 1870; he was supported by CLAYTO~'s ~litical friendR ; was afterward I was ejected from the senate that evening." appointed United States marshal for the ea.stern d1strict of Arkansas, by President The above is a mere abstract of a pitiful story told by a man of great intellect, Grant, on CLAYTO:s's recommendation. Harrington, now United States district remarkable intelli~ence, and quick conscience, who, on account of hi.s opposition attorney for Arkansas, supported and worked for Mills, and was l?,enerally unde-r~ to CLAYTON's election and disapproval of his conduct, was thus ruthlessly crnsherl stoou to have supported Edwards in his contest for his certificate. ' without even a hearing. But t

and White Counti~nnrl with Johnson. Ho repeated his often-expressed df'sire CLAYTON's path to the Senate was remoYed. To aJTtreciate the value of tl•is to IJe United States Senator; the earnest eftbrts he had put forth to secure it; that 1 0 it was more than the dream of his life; that he was very ambitions; his heart was ~7~c~:tifi~s b4:~ :. fe~ h~~J~e:~~~dt~~1~~i~~eh! c;~l~l ~t\n~~~ow ~~:o~~t!'d~ set upon it; that he was as ambitious as Cresar; that he would not only be United His own party .friends ·wo~tld not ha11e supported hirn, because they were resolved to States Senator, but that, if he had the opportunity, he would sway the scepter of do no act that woul1l result in making Johnson go\ernor. 'o, by removing John­ universal empire. I answered, he knew fnll well that we had been opposC{~ to his son, uy paying White to resi~n, and appointing Johnson to his place, he virtually election ; that it was a. new development in political tactics that the successful bought the votes of his own friends. party {himself) had to bo conciliated; that, though be baa securC{l hls election by The seventh and last charge i , that Governor CLAYTO~ :purchased his election means we did aml coulu not approve, he should quietly take his seat and we should by appointment to office of many of the members of the legislature, and lJy paying be permitted to take onrs in the general assembly. Bowen seemed equally inter­ them money. It is answered to this charge, so far as relates to the appointments ested with Governor CLAYTON, ana to represent CLAYTON's views and feelings. One to office, :first, that no such agreement was ma.de, and, secondl.v, that the appoint­ condition necessary to adjustment, they both ~aid, was that they should expect ments, which are not denied, were made by Governor Hadley, who succeeded ULAY· and require that our friends in the bouse, not only those who were to be admitted, TON. Before stating the facts, I will remark that CLAYTO:i" was elected on tho 15th but other friends of ours who were then members of the hou11o, should vote and of March, and Hadley was installed as governor on the 17th of March. This will act ou the Hot Springs contest with the CLAYTON men. (This was a contest for explain why most of the appointments were made by Hadley. CLAYTON was cor· seats in the le~islature.) One of them said that I would be expected to use tainlytoo shrewd to" pay the piper before the dance was over." Hence be made my influence w1th· those colored memb.ers with whom I W!l-S supposed to ha~e but few appointments before the votes were delivered. Besides, some of these ap­ some influence, to have them vote agamst the contestants m the bouse. I s:nd pointments were made to offices created during that session of the legislature, and they were sworn representatives ot" the people, and under obligations ot" the some of them by acts passed after CLAYTON's election, though they anfl the }>Cr· most solemn character to vote and act in that and every such matter in COD· sons to fill them had been agreed upon in caucuses of the CLAYTON men before his formity with the facts and evidence aa they understood them when presented; election. From tho split which occurreti among his frieUlls in tho legislature, from that if they found, in t.heir unbiased judgment, that the contestants, agree­ the causes which I have already mentioned, 31Jd the decided opposition of the ably to the testimony, were the members-elect, I could not, of course, counsel ''Brindle-tails," or Brooks faction, and most of the democrats, his second election them to perjure themselves; for myself I claimed to be lawfnlly elected; stated was very doubtful. This is shown by the herculean efforts which he and his friends to the governor I thought be k-new I was. If I was lawfully elected then I put forth for some tinle before the second election. Frequent caucuses were held, claimed the seat without conditions and without pledges; that I believed my­ conferences at night were numerous, and continued up to a late hour the night be­ sulf to l1e a republican, not only unquestioned, but unquestionable; that if fore the election. The doubtful issue of the contest is further shown by the vote admitted to my seat, on all political questions I would undoubtedly act and on the second election. vote wi~h Senator CLAYTO~'s friends if they were republicans; with respect to In the house, first election, {house journal, p. 74 :) general legislation, I did not regard myself under obligations to Govornot• CLAYTON or anybody else, except my constituents. Johnson expressed his wish for an ad. Votes cast __ .. ·------.. --- ... ----_.-----.-----_ •. _.-·---- ______.··-·-. 78 justment, so that CLAYTON might go to Washington aml tako his seat.. CLAYTON and Bowen then suggested that CLAYTON might retire anll let Johnson try his band Of which CLAYTON received __ -·····---.·------·---·---·-·------·-----.--. TI Necessary tn choice_--·- __ .·--·--.•• · ---- __ . __ .. __ .---- __ -· •. __ . __ . __ .. ______40 as governor. I answered that I thought CLAYTO~'s friends were not the men to be a consulted with respect to the State administration; that I felt a very great aversion to auy such horse-swapping on the subject; that Johnson was as mnch lieutenant. Majority--- .. --. -----. ··---- •.•• __ ----- •...•.• ··-· ·- ·-----·. ·---·········- 31 governor as he wa~ governor; that he had been elected, after the fashion he had been, United Stdeiil Senator; I thought the law ought to take its cour11e; that were­ In the house, second election, {honse.journal, p. 715 :) quired no conciliation except for CLAYTON to go on as Senator, let tho constitution and laws of tho State take their course, and for them to suspend what I designated Votes cast----- ••..••••• ---··----·----.------•• --·--_·--·······-·--·---_ •.. 7d their star-chamber performances through the Mallory committee; that Hodges CLAYTON received.-_ . -...... _•.••••• _..•. __ •.. _. _... _. __ . _____ ... __ . __ ..• ____ . 42 an•l I and our as!WCiatos on the ticket bad been uenied the rig;bt of a bearing there, Ne~essary to o. choice ..•. ____ ··--·-·- .•••.•.•• ·------··-··- __ -· ___ ··--- _____ . 40 and that there could be no harmony or restoration of friendliness of feeling un­ less they either gave us a chance to be beard fully and f&irly before that commit. teo, or the committee dissolved and their ex-parte proceedings were cast into ob­ Majority ____ ------· ••••.•..• . ···-·· .. _·-······-····._--·---... _--··-----_. 2 livion. CLAYTON reP-lied that he tbonght, if other matters could be arranged, that therf> would be no difficulty with respect to that committee; that it was projected In the senate, first eleotion, (senate journal, p. 44 :) simply for the purpose of a counter-pressure to a :fight which he understood we Votes cast __ --·-----·---·-·--· .. -----·.·-- __ .·----_ .••. _•.•...... •.... ·-- __ -·- 25 were putting up on him at Wasllington. I replied no :fight bad been put up on him, nor was any contemplated; that we and our friends were entirely content that he CLAYTON received. __ ·-_ .. _._·-·-·-····---..... -·-····------.•••••. _.··-- ____ ·-. 23 take hls seat unmolestC{l; that while we believed we ba{l been outrageously kept Necessary to a choice ______..•. ·-·--._ •.. ····---···· __ .·----··--- __ ------·-·. __ 13 out of our seats, through his influence chiefly, t.hat was past. CLAYTO~ expressed the opinion that if our delegation {from Pulaski CountY.) bad been admitted at the Majority·--···-·---···---·····-·--··-·············-··------·······-···-·- 10 organization of the general assembly he would havefatled of his election. Finally, late in the night. perhaps day-dawn, Bowen asketl me if I would be satisfied with In the senate, second election, (senate journal, p. 272:) any adjustment made between CLAYTOY and Johnson. I replied I hall nothing to do with such an adjustment, and would make no trouble abont it. We separated Votes cast--····--·----··---_-· ... ---··-·--··-····-····-·· .. ···-·----- __ ··-·__ 23 about the crack of day without any further adjustment than I have named. "I understood Governor CLAYTO:s's remarks, that I ha>e in part stated, to be to CLAYTON received ... --. ___ .. --·-- ___ .--·_-··-·-._ . --·-·- .. ---- ____ . ___ .. ----·- 15 the effect that the Mallory committee was projected by himself, and its proceed­ Necessary to a choice._--·-----. ___ ·- __ ..... ·----·.----. __ -· ... ·----_ .. __ -· __ . 12 ings carried forward under his direction, with a view, as be stated it, to furnish 3 counter-pressures againit a supposed :6~ht of ours against him iu Washington." Majority---··--·-···_ .... --·--·--·.------__ --·---. __ .··-- _____ .. ______. The foregoing statement of .Brooks 1s confirmed entir~ly by Hodges. This proposition, made by CLAYTO:ll and Bowen to influence votes to seat members Thus it appears that his first majority {41) was reduced on the second election without respect to their riJ?:hts, and, in consideration of such influence to be to 5. exerted by Brooks and Hodaes, graciously to consent that Brooks and Hodges Let us inquire now whether there were more than :five members of that general might take their seats, not l>eing accepted, still another device was hit upon, :~ssembly voting at that last election who received lucrative appointments from and that was to secure his seat by the use of money. 0. A. Radley was then Governor CLAYTON or from Governor Radley by agreement with CLAYTON. We delegated to wait upon R. J. T White, secretary of statfi, and after a few bland­ will :first take Hadley'a own testimony on thh; po1nt. He says: isbments he made tho direct proposition to pay him $5,000 in money and $25,000 " I appointed the following-named members of the legislature to office: worth of :first-mortgage bonds of tho Mississippi, Ouachita and Red River Railroad "S. W. Mallory, senator, commissioner of claims and director of the Mississippi Company to resign his office. It it> hardly necessary to say tlutt this masterly and Ouachita Railroad Company. stroke was successful. This was just before CLAYTON's second election. It baa "John W. Sarber, senator, trustee of the Industrial University. been previou!lly arranged that Johnson, who was all along the stumbling-block, if "P. H. Young, senator, to same position. White would vacate his office, would resign and aC'cept it; 0. A. Hadley would be 11 Conwa~ Barbour, representative, assessor of Chi cot County. elected president of the senate, become ex-ojJicio governor; CLAYTON would be "E. H . Chamberlain, representative, a. justice of the peace. re-elected, and accept the place of Senator. Hadlelsays th11.t White's resignation, "M. A. Cohn, representative, superintendent of pubhc instruction. Johnson's resignation and appointment to Whites place, and CLAY'l'O:s's nomina. 11 L P. Grady, representative, sheriffUra.wford County. tion, all occurred within le~ than an hour of each other. Why these events 11 George Haddock, representative, assessor of Clark County. occurred in such rapid succession and so immediately before CLAYTON's re-election "\V. C. Hazeldine, representative, circuit judge. we will better understand when we come to consider the last charge. 11 G. H. Joslyn, representative, county and probatojmlg;e of Lincoln County. Now, as to a. few facts bearing upon the purchase of Whito. I will let Mr. "HerbertMarr, representative, circuit school superintendent. White tell his own story, premising by saying that it is not only uncontradicted "Thomas Orr, representative, assessor of La Fayette County. by any witness, but not even referred to by CLAYTON when on the stand. Refer­ 11 J. A. Robinson, representative, assCl)S()r of Desha. County. ring the Senate to his testimony for the whole story, I content myself with men­ "C. C. Waters, representative, circuit Judge. tioning the material facts. 11 E. R. Wiley, rep1·esentative, justiue of the pence. 0. A. Hadley called to see me. He said it was understood and agreed if I would "C. W. Tankersley, representative, superintendent of penitentiary. resign I should not suffer pecuniarily, and that parties with whom he had con­ "A. Hemmingway, senator, was appomted commissioner to locate county-site ferred had agreed to see me out, if I suffered pecuniarily, and be mentioned the for Lincoln County. sums which they supposed I would be a suft"erer. He named a sum, 5,000 and 11 G. W. Prigmor"e, representative, circuit court clerk of Jefferson County, March $25,000 in $1,000 first-mortgage bonds of the Ouachita and Red River Railroad 17, 1871, tho day Hadley was installed. [Hadley says he does not rem.omber" whether Company; we separated tllere. I c.alled on Johnson to know if the thing, as rep­ he or CLAYTON appointed him.]" resented, was true. He said so, and it seemed to turn out that way afterward. I I will next take the testimony of E. A. Fulton: do not think I saw Hadley any more on the subject. I never called oc. Governor "D. P. Belden, senator, was appointed justice of the peace in Hot SpringH CLAYTON. He once passed me and asked me whether Senator Hadley had spoken County. to me on the subject, and I told him he had. We parted, and there was nothina l' E. D. Rushing, senator, appointed justice of the peace. more said. I resigned my office soon after. I met Governor CLAYTON in Ne~ "A. 0. Espey, representative, appointed justice of the peace. York a short time after that, and spoke to him on the subject; the matte-r was "Carl Pope, representative, appointed justice of the peace. lightly touched, a mere passing 1·emark; and some time afterward I received a. let. 11 T. G. T. Steele, representati>o, circuit court judge. ter from hlm, inclosing a certificate of deposi~ on a b.an~ ~ ~ew York for $5,000, 11 J. M. Alexander, representative, justice of the peace. and twenty-five $1,000 first-mortgage bonds of the Ml8SlSSippi, Ouachita and Red "James V. Fitch, representative, circuit clerk of Pulaski County, and clerk nnd River Railroad. The letter was sigued by Governor CLAYTO~, and contained noth. recorder of criminal court of same county." ing but, "I inclose you" thus anti so. W"hen a-sked if be understood what they These offices {Fitch's) are re:rarded as the best paying in that county, and are meant, he says, "I did ; the papers showed for themselves what they meant."" worth about ~10,000 per year. This criminal court wa-s created by the same le~s­ The witness attempts to show that other matters entered into the consideration lature that elected CLAYTON. The act creatin~ the office of superintendent of tbe for accepting this ruoney and these bonds, but it is a most "lame and impotent penitentiary, to which Tankersley was appomted, was also passt;d at the same conclusion." He admits that when Hadley called on him the subject of conver­ legislature. sation was about his losses, by resignin~ his office, and say3 that his salary and We have here the names of nineteen representatives and six senators-twenty­ fees of office given up by him under tlns a/]:reement were worth from $6,000 to five members of that legislature in all- who were appointed to lucrative officeR, and 7,000 per 31Jnnm. The value of tho bonds receh·ed by White may be estimated all of whom are recorded in the journals of the house and senate as >otin~ for Sen­ by the statement of the witness McLane, who says that be sold the same num­ ator CLAYTON in his second election. Of the fifty·sevt>n men who elected him nearly ber of railroad bonds ($25,000) at 32t cents on the dollar. White's pay for re­ one·half were appoiuted to office. The very pregnant question arises just here, si{!ning b_is _office, at this esti~~te,. would be over $13,000 .. By lmying off White, how did this come about f Wa~ it by design or by acc1dent 1 Hadley appointed apd appomting Johnson to h1s office, an obstacle, otherwise insurmountable, in most of them, but why I What interest had he in rewarding men fmm whom be . } .....

1873. CONGRESSIONAL RECORD. 181

h.Jd received no fayors, so far as the testimony shows 7 But we are not left entirely McColl!lellsays that CLA1'TOY told him (when he took Haymaker to see CLAYTON t1 conjectnro in solving this question. There is much positive testimony which about his, H.'s, 'levee bill) that there were foUl' levee bills before the legislature; shows that n any of these votes wrre obtained by contract. Hadley admits that that they were good to use for political purposes; that he would keep out of the be appointeu some of them at the su11:gestion of CLAYTON. Some of these appoint. fight for a. while, and then favor the bill best Sttitedfor political purposes. munts were arranged in caucus before CLAYTON's election. And just here I will re· Va.rions witnesses testify tl1at many of CLAYTOY's friends and supporters, m the mark that, while CLAYTON says be never attentled a single caucus um·ing the sesPion legislature and outside of it, were interested in these bills and several railroad bills. of thE:' legislature, his own witness, W. S. Oli~er, says that CLAYTOK was generally Neal was interested in a railroad; so was Sarber; so was Judue Bowen. Judue present at all the caucuses. H~ attended them himself, and saw CLAYTON there. Bennett was interested to the extent of a fee of $70,000. And a'D. thet~e were loo'k­ Chamberlain, also his witness, says he attended a caucus of republicans when Cr.AY­ in.e: to the governor for State aid and his influence. TOX and Bowen were present. The levee bills, the penitentiary bill, and certain rail­ By the returns in the secretary's office the delegation from Pulaski and White, road bills were agreed npon in caucus; so was CLAYTON'S nomination. opposed to CLAYTON, were elected. But White, the eecretary, sent in the roll of Scales, a democrat. who voted for CLAYTON on the second election, says that in an members-elect with the names of CLAYTON's supporters from those two counties interview be bad with Governor CLAYTON, before his election, and in talking on that upon it. Among those opposed to him and left off the roll were Hodges and Brooks. subject, CLAYTON told him, if be would name good men to fill the office of magistrate We have seen tliat Brooks told CLAYTON in that remarkable interview that he knew in liis county, he would appoint them. Hadley was present, and said he woufd agree that Brooks and Hodges were opposed to his election, and that he told him further to whatever CLAYTON said ho would do. That was in the event Hadley became gov­ he knew the delegation from Hot Springs district, thr~e in number, were also op­ ernor. This was after Johnson was appointed secretary of st.ate, and before the elec­ p(ll56d Lo him, and that be ({;LAYTON) had originated the Mallory or star-chamber tion of CLAYTON. Had a conversation on the same day wit.h Isaao C. Mills, who wa-s committee, for the express purpose of keeping t.hese opposition candidates out of supporting CLAYTON. I think !told bimibadassurancesfroruCLAYTON and Hadley the legislature; that CLAYTON did not deny the ohar~e that he raised the committee, that these appointments would be made; told him I would support CLAYTON, and but simply stated it was raised to count-ervail therr opposition to his gett.ing his told Mills of my conversation with CLAYTON. I voted for CLAYTOY, and considered seat at \Vashington. We fuTtber know the proposition that CLAYTON then made­ when I voted for him that these vacant offices in my county would be fiUed. I gave that he W(}Uld consent to admit those two delegations in order to remove all the names of some se~en or eight democrats aml republicans to Hadley antl heap­ obstaoles to his election. That be prevented their being seated to secure his pointed them. CLAYTON appointed so~ before he resigned. Hadley did not appoint election is shown by the following facts: The Hot Springs delegation, after some I recommended, and that is the only complaint I made against him. Neal, a being kept out of their scats through the report of the Mallory committee from democratic member of the house, voted for the articles of impeachment against the 2d day of January until afte1· GLAYTO:s's election on the 15th of March, were GLAYTON. When the resolution was passed, fonrteen senators, as before stated, to finally received into the bonse. Brooks, of the Pulaski deleg_ation, the most power­ break the quorum of the senate, and thus to prevent action on the articles of impeach­ ful opponent, intellectually and morally, that CLAYTOX baa, was kept out until ment, "took to the brnsh," (using the language of the witness,) and were gone a after the first election, was after the election declared by the committee unani­ week, remainingdnring that time at the dwellings ofW. S. Oliver and Judge Bowen, mously to be entitled to his seat, was, without notice or bearin~r, before the seconu and visited while there by CLAYTOY. Meanwhile Neal bad evidently been manipu­ election, on tho repo1-t of the committee 011 privileges and elections, ejected from lated, for tho committee managing the impeachment in tho house was changed aud the senate, and Riley, his democratic opponent, seated, while Hodges and the other Neal appointed by Tankersly, the speaker of the house, chairman of that committee. candidates for the house from the Pulaski district were never permitted to take The committee on the second or third day after Neal was appointed, without tak­ their seats. Tlle complexion of the delegation from Pulaski and White, who ing any eviJe11ce to support the articles of impeachment, except to examine some were seated, is somewhat motley, not to say significant. They were C. A. Whitte­ more, a democrat; Robert A. Ho\Yard, democrat; E. H.Ch~mberla.in, democrat or ~~1d~~C:~n~!t~1o~s s~~:1nret~:~~rb~~~ ~e~~eh~du:!!b!!!~~!s~r!:~: ~~ conservative J. ·w. Honse, democrat; and Pilkington and Goad, republicans. The port.anoe to him pending before the legi~a.tnre. He wa.ntet.ablisbed, seats of Goad and Pilkington were cont-ested by Gantt and Mitchell, democrats, aml t\esired CLAYTON's influence to pass the bill. Tho bill was afterwa.r·d passed. who, it will be remembered, withdrew to insure the certificate of election to Ed­ Neal

rupt. Tho circu!llstaaces of the bargain show that he and W"hite were of the form.al evidence of his election. But tho power to judge is not confined to " quali­ same opinion. VLAYTO~ ' s emissary approached White at a la.Lo hour of ni ght., fications" and ·• returns." It extends to the election itself, and in terms is unlimited. aft6r White bad gone t{) bed-made the proposition. Tho interview was "short, ls it without limit, 01·, in other words, may an election be declared void for any sharp, and decisive." White said he would consider. When ho and CLAYTON met canso for which a majority of the Senate in their discretion may see fit to avoid it 1 on the street, CLAYTON referred to the subject and passed on. When they met iu Certainly not. It is not a question of disct·etion, but of parliamentary aml consti­ N ew York, 3fter the election, White renewed tho subject with a single remark J tutional law. A cause which, according to paxliamentary law, consistent 'vith the CLAYTON signified his obligation, and when CLAYTO:)I" inclosed the money ana Constitution, avoids an election, is a sufficient cause. But according to paroo­ bonds, instead of sending his own draft, (which would have an ear-mark,) he sent mentary law, both in England and the United States, an election may be avoided n. certificate, reading that Jackson E. Sicklu had deposited to White's credit in a for bribery. The provision in the Constitution is a transcript of the parliamentary New York bank $5,000. law of the English House of Commons, as it existed when, and long before, the Taking a retrospective glance over the field of this contest, brought on by ambi­ Constitution was adopted. And it is to be observed that tho same clause that tion, made fil'lrce bl party strife, and ending in shame, what a sad spectacle do we ~kes the Senate the ,iuuge of the election of a Senator, makes the House the behold! CLAYTON s plan of battle was laid while his enemies slept, and long before JUdO'e of the elections of its members. The clanse is as follows: the day of action. Through executive power be commanded the situation, held it, "~ach House shall be the judge of the elections, returns, and qualifications of and won, but with irreparable loss. We see executive power cruelly brought to its own members."-ArticZe I, sec. 5. bear on Storey, party ties subro~ated, friend and foe falling without discrimination. The power of the two Houses is, therefore, the same, and no one has ever doubted 1Vo see legislators obeying his oock and crushing Brooks and others at his nod. t-hat the election of a Representative may be set aside for bribery. We see the representatives of the people seated and unseated at his pleasure. And I see no reason for a distinction between the electors who choose a mem her of all these to put him in the Senate I We see registrars appointed and protected by the House and those who choose a Senator. The members of a legislature, in him when charged with fraud. We see overtures to his enemies to join bands and choosing a Senator, act as a body of electors, just as the peoplo act as a body of wage war on his friends. We see friends and foes, democrats and republicans, fol­ electors in choosing a Representative. Either class may be bribed, and the rea­ lowing his banner, each confident he was their leader, and each, like the irate sons for holding that bribery avoids the election in the one case apply with equal knights, seeing a different color on either side the shield. We see an inoffensive force t{) tho other. citizen, honored by his people with the next highest State office in their gift, (and And hence I say that this right, so far from infringing on State rights, is nec­ Jti ven simultaneously with the highest, which the,Y conferred on CLAYTON,) assailed essary to their protection. In the ca-se supposed, the State would be defrauded without cause, by quo warranto, to gratify ambition. Wo see a plain law-so plain by the election of a corrupt man to the Senate without the power to vacate his that ho who runs may read-violated, and a certificate of election issued, under a seat. For with two members of the Senate admitted as her rApresentatives, and bargain made for his own promotion, to one not entitled to it. We afterward see one in a seat obtained by bribing her agent, she could not elect a third to take his this democratic favorite ejected from his seat in Conwess, obtained on that c.ertift­ place without action by the Senate, declaring his seat vacant. cate, and his oppopent, a republican, seated by a rebuking majority vote. To fur­ My conclusion on the specifications, which, as before stated, I resolve into three r.ish an apology for this act, we see him raise a packed committee to investigate distinct chR.rges, ill- • alleged frauds, and "to report in favor of Edwards." We see the certificate of First, that while the evidence satisfies me that a combination did exist between election withheld for more than two months after it should have been issued, CLAYTON and Edwards, by which, for the support of democrats, CLAYTON agreed and more than one month after the report of that committee. This ambition, to issue the certificate to Edwards, and did accordingly so issue it; yet, that not still foiled, we see it turn again on .Johnson with ferooity increased by disap­ having obtained his seat by the election hold on the lHh of JR.nuary, at which be pointment, and attack not only Johnson's position, but his honor. Here we see received theae democratic votes, the act is one not cognizable by the Senate; the mercenaries of this leader of two opposing parties discover the reverse side of Secondly, that the charge made of procuring his seat by the c.orrupt use of money hiH banner and desert. A few of their opponents desert and join them and turn in the transaction with Whits is sustained by the evid,ence; and upon their former leader. To escape defeat, he withdraws his adherents to the Thirdly, that he obtained five other votes, which make his majority, and were headquarters of hi.~ first lieutenant, Bowen, where they are quartered for six days. necessary to his election, by giving to .those electors as a consideration for their Strategy meantime is active. One of the opposing leaders, Neal, is captured­ votes lucrative offices; and tliat this was as corrupt as if, for the same purpose, he joins the enemy-carries a few followers, and the combined forces returu1 and Neal had paid them money in kind. reports against impeachment. Still ambition is not sated. Still foiled oy its foe, T. M. NORWOOD. Johnson, it curbs passion, abandons the open field, and, encouraged by its suc­ cess with Neal, again resorts to strategy. An armistice ensues, and .Johnson is 1\IISSOURI SE~ATORIAL ELECTION. invited to a council. We there see this ambition tender gold to White and office Mr. MORTON. I ask the consent of the Senate to submit a report to Johnson, and its hitherto unconquerable foe surren.ders. Though the opposing chief surrendered, his followers did not, and victory was not assured. The strag­ from the Committee on Privileges and Elections, whlch I desire to ~lers, who had sworn they would not advance under CLAYTON against the opposing have read. It is very short. forces until their commander, Johnson, had been either killed or captured, hearing The VICE-PRESIDENT. The report will be received and read, if of his capture, returned to the ranks. This ambition, still fearing a field en~age­ there be no objection. ment, tried again the skill of strategy. Gold and promotion to office were tenaered to a few of the enemy; they grounded their arms, joined CLAYTOK, and, thus re­ The chief clerk read as follows: enforced, ho conquered. The Committee on Privileges and Elections, to whom was referred 1he memorial Is it not clear, on a full review of all these facts, that money, or its equivalent, of thirty-sovon members of the legislature of M.issorui in regard to the election of alone gave CLAYTON his mn.jority of five 1 Taking the buying of White, by which LEWIS V. BOGY to the Senate of the United States fl'Om that State, have had the Johnson was overcome; the votes of the republicans opposed to his election if sn.me under consideration. Johnson remained lieutenant-governor, (three or four of whom testify here that The memorial sets forth that the recent examination by a. committee appointed they wvuld not have voted for him except on that condition, and who further swear by the house of representati'l'es of the legislature of Missouri, touching the cor­ they dilL vote for him,) and counting those with whom he bargained to give rupt use of money in the election of 1\Ir. BoGY, was imperfect; that it was not full them lucrative offices for their votes, it is demonstrable by figures th3.t he got more and fair, and in the opinion of the memorialists, if the investigation had been con­ than five votes (his maJority) by these two means. ducted with more vigor and with a purpose of revealing the ri\al facts of the case, The only P.)ma.ining question, granting the facts, is, what is the law 1 On this other and more important evidence would have been produced showing that there head I shall be brief. !consider it unnecessary to cite precedents or quote author­ was corruption iulli. Boor's election. ities; for the single question is, was using money and lucrative offices in that way Tho memorial, however, do68 not state what additional facts can be proven, nor fraudulent and corrupt 7 If so, the:y make the election Yoid, and the Senate may indicate with any certainty the character of the new evidence that may be pro­ declare the seat vacant. If, in the Judgment of the Senate, such conduct was 110t cluced. corrupt and fraudulent, there is no caso made out. This I understand to be the . The committee understand that the only duty which they have, u~n this refer· generally accepted rule of law in such cases. ence, is to report to tho Senate whether the memorial presents such facts a-s would I know there are some who go to the extreme of holding that the Senate has no justify the Senate in instituting an examination in regard to the election of Mr. jurisdiction over a Senator for any offense he may have committed prior to the .BoGY, and are of the opinion that it docs not. Such a proceeding is of a grave moment of his election, even though the act was bribery in securing his t~lection. character, and should not be !iet on. foot without such a statement of the eVIdence And it is founded on the doctrine of State rights. To my mind th1s role is not that could probably bo produced as would appear to make it the duty of the Senate only unsound, but repugnant to St.ate rights. For I can conceive of few higher to proceed to an investigat,ion. rights the people of a State, who are the soverei~n power of that State, have, than The ovidenco taken by the committee of tho le!!li!la.tnre of Mi11souri also accom­ to be represented by a Senator wJw is chosen m conformity to law. The legisla­ panies the memorial, and has been examined by the committee. It is not the prov­ tors are but tho al?ents of the people. They cannot exceed their delegated power. mce of the committee, upon this reference, to inquire w!JE.'ther the judgment pro­ A part of their de1egated power is to elect Senators for their principal, the people nounced IJy the house of representath·es of the Missouri legislature upon this -the sovereign. Aa inseparable incid~nt of that power thus delegated is that it evidence was correct ; but they expre!ll! the opinion that the evidence is not of ~~ shall be exercised fairly and honestly. Tha law will never imply that even a pri­ character to requiro of the Senate an investigation. vate agent is authorized to act fraudulently in transacting the business of his prin­ The committee, therefore, ask to be discharged from the fru·ther consideration of cipal. His agency ceases the instant he commits the fraud, and he makes himself the memorial and the evidence touching the election of LEWIS V. Boor to the individually responsible for the act. He not only cannot act fraudulently, and Senate of the United States. • bind thereby his principal, but he cannot bind his principal by a lawtul act done extra the scope of his agency. This being true of a private agent, the rule is even Mr. MORTON. I ask the action of the Senate on discharging thlj more rigid as to public agents, for reasons I need not stop to ennmerat~. A legis­ committee. lature is a public agent. ~while a court cannot inqnire whether a statute was The VICE-PRESIDENT. The question is on discharging the com­ passed by a brilYxl maJori~tho people-the principal-to be bound by the statute may. For insta.ncE.', it a chart.er for a private corporation should be obtained by a mittee from the fnrther consideration of the subject. bribed_ majority, the people, through their legislature, may annul the contract by The motion was agreed to. repealmg the charter. To apply this rule to the election of a Senator. He represents the State. He is PAY OF OOMMI'TI'EE CLERKS. in no sense the representative of the legislature. Ha is elected by the legislature Mr. CARPENTER. Before t.he Senator from Georgia commences as an a~cnt delegated for that purpose. The a~ent must act strictly within the his remark&, I a.-,k him to aJlow me to introduce a resolution, anti I limits or hls delegated power. Fraud lies outstde of tl1at power. And when a candidate bribes a sufficient number of the electors to secure his election, he and ask for its present consideration : they knowingly commit a fraud on the people, and by everv rule of law any act Ruolved, That the Secretary of the Senat.e be, aud he is hereby, authorized and done through combination of an agent w1th a third party to CJefraud the principal required to pay to the clerks of the several standing committees of tho Seuato their is void. And a man thus elected (to use a solocism) was never elected. The elec­ usual per diem compensation from the 1st to the 30th day o: .April inclusive. tion is void and the soat vacant. And when the fact is judicially ascertallied by tho Senate, it is only necessary to declare by resolution tho seat vacant. I sas fur­ The VICE-PRESIDENT. The resolution will be refeiTed to the ther, that in such case it is tho imperative duty of tho Senate so to do, and for the Committee to .A.ndit and Control the Contingent Expenses of the reason that no other power can. The legislature of his State cannot. The people Senate, under the rnle. in sovereign character cannot. For the Senate alone, under tho Constitution, can judge of the election and qualifications of its members. If the election is void, PAY OF PAGES. there bas been no election, anu the State is pro tanto unrepresented in tho Senate. Mr. WINDOM. Wllile this subject is before the Senate, I ask leave She is entitled to two members in thia body, and it wonld be tl1e duty of the Sen­ to introduce the following resolution, and if there be no objection I ate to say one seat was vacant, that the State mi~ht fill it. H ence, in my opinion, tho power of the Senate to jnllge of the election ol its members necessarily inclu(lcs ask that it he pnt on its passage: the right to go behind the moment and form of an election, in order that it may Resolved, That the Secretary of the Senate be directed to pa.y tho pages of the determine whether that election was procured by bribery. Senate for the month of April at the rat.eof$3 per diem. Again, tho Senate is expressly clothed with powe1·, by tho Constitution, to judge of the elections, returns, and qualifications of its members. The" qualifications'' Mr. SHERMAN. Mr. President, unpleasant as it is, I think I shall of n Senator arc prcacrib<'d in the Constitution. The "returns" spoken of are the feel compelled to object to going beyond the present month. I have 1873. CONGRESSIONAL RECORD. 183 no objection to paying both tho pages and the clerks of committees Mr. CARPENTER. The committee reported it back and asked for for this month. its present consideration. That is what I reported back. The VICE-PRESIDENT. Objection is made to the resolution. The VICE-PRESIDENT. This resolution was the one taken up. 1\lr. CARPENTER. I ask the Senator to compromise on the 15th of The other will come n p next. April. Mr. CARPENTER. I thought it was offered as an amendment to Mr. SHERMAN. I have no objection to the consideration of the the other. resolution, for I feel a-a kindly toward the pages and the gentlemen The VICE-PRESIDENT. Is the Senate ready for the question on ewployeil here as clerks of committees as anybody; but I think this this resolution as amended Y is going beyond the precedent established in such cases. We usually The resolution, as amended, was agreed to. pa.v for the whole of the last month of a seesion, that is, the current PAY OF COMMI'ITEE CLERKS. month. I am perfectly willing to do that now. If there wa.s any precedent for this, I should perhaps not interpose an objection. The VICE-PRESIDENT. The Senate will now proceed to the con­ Mr. CARPENTER. We can make one. sideration of the resolution reported by the committee. Mr. SHERMAN. I think wearedis.posed to be too ready in making The chief clerk read the resolution, as follows : .Resolved, That the Secretary of the Senate be, and he is hereby, authorized and precedents of this sort. . (lireotecl to pay to the clerks of the several standing committees of the Senate their Mr. CARPENTER. Let DB compromise on the 15th of April. uaual per diem compensation from the 1st to the 30th of April inclusive. Mr. SHERMAN. I do not think we ought to do it. The VICE-PRESIDENT. Under the rule, the resolution will be re­ The VICE-PRESIDENT. The question is on the amendment to ferred to the Committee to Audit a.nd Control the Contingent Ex­ strike out ''30th" and insert " 15th." penses of the Senate. The amendment was agreed to. Mr. CARPENTER. The Committee on Contingent Expenses report The resolution, as amended, was agreed to. back the resolution favorably. M 1DONALIYS M.UWAL. Mr. SHERMAN. The worst of it is that it comes from 'the Com­ Mr. BOREMAN. I ask permission to offer a resolution, and I will mittee on Contingent Expenses, my friend from Wisconsin being the explain it if any explanation is necessary. chairman of the committee. The VICE-PRESIDENT. Does the Senator from Georgia yield the Mr. CARPENTER. If that is so, if the resolution was referred to floor to the Senator from West Virginia Y that committee, I beg leave to report it back favorably, and ask for Mr. NORWOOD. I am perfect.ly willing tp yield for anything. 1 its present consideration, [laughter,] and I move to amend it by in­ do not expect to make a speech. I have a very few remarks to make, serting the 15th of April instead of the 30th. l>ut I am perfectly willing to yield to any business that the Senate Mr. THURMAN. There is only one thing that I can conceive of may desire to transact. that would seem to justify the passage of this resolution, and that The VICE-PRESIDENT. The resolution of the Senator from West may be entitled to some weight. T~ franking privilege, as we all Virginia will be received and read. know, expires on the 1st of July. Heretofore we have been accus­ The chief clerk r6ad as follows: tomed to have our documents, a large number of them, sent homo, Resol?Jed, That the chief clerk revise and make snch corrections in the Manual and at our leisure during the summer and fall we distributed them. as may appear necessary in consequence of recent o.mendmenta to the laws, &.o., Now we are obliged to distribute them by the 1st of July, and most and that one thousand copies of snch revised and corrected edition be printed for of the Senators, I suppose, will want to do it before they leavt> this the use of the Senate. city. There may be something in that to make this an exceptional The Senate, by unanimous consent, proceeded to consider the reso­ case. I rose to ask myfriend from Wisconsin whether there was any lution. appropriation out of which this money could be paid. Mr. BOREMAN. I will state that several of the acts which are The VICE-PRESIDENT. Is there any objection to the considera­ printed in the Manual have been repealed. The acts relative to the tion of this resolution at this time Y franking privilege, for instance, have been repealed; the apportion­ :Mr. SHERMAN. If the Senator will make the modification t{) the ment act has been amended and changed, and there are some other 15th of April, I will not object. corrections which are necessary. I believe the edition heretofore The VICE-PRESIDENT. The Chair hears no objection to tho con- printed is exhausted. I think it is well that a resolution of this sort sideration of the resolution. should be passed, so that we may be supplied. Mr. CRAGIN. How does the resolution stand now ' :Mr. THURMAN. I do not know that I have the least objection to The VICE-PRESIDENT. The resolution will bereadforinfonnation. the resolution; but does not the rule require it to go to the Committee The CHmF CLERK. The resolution, as modified, now reads : on Printing ' Mr. BOREMAN. I consulted the chairman of that committee in re- Resolved, That the Secretary of the Senate be directed to pay the pages of the Senate w the 15th of April next, at the rate of $3 per diem. gard to it. Mr. THURMAN. And does he say it is not necessary to refer it f Mr. CARPENTER. That modification is intended to apply to clerks Mr. ANTHONY. Thisisnot anextranumber; thisisevenlessthau of committees a.s well as pages ; to pay them all to the 15th of April. the usual number. The Senate have a right to print the nsual num­ Mr. CRAGIN. There is no reason that can be given why the reso­ ber of a document without a reference to the committee. This is not lution which has just been read should pass. We have been iu the even the usual number. The usual number is fifteen hundred, and habit of extending the pay of these employe~a to the close of the month this is only a thousand. ·during which we adjourn, never beyond; the precedent cannot be Mr. CASSERLY. I think there is no objection to this resolution. I found for going further, and, as applied to the pages, thero is not the say that from my understanding of the subject at former dates. slightest reason for it. The reason given by the Senator from Ohio, The VICE-PRESIDENT. The question is on the adoption of the applying to the clerks of committees, may be a good reason as to re<~olution of the Senator from West Virginia. them; that is for tho Senate to say. This session will close consider­ The r6Solution was agreed to. ably before the end of the month of March, and why we should run over into April and pay the pages who are employed here on the Sen­ EX-SENATOR PATTERSON, OF NEW H.UIPSHIRE. ate floor till the middle of that month I can see no reason in the world Mr. ANTHONY. I did not understand what the Senator from for. Having been upon the Commitwe on Contingent Expenses for Georgia said when the last resolution was introduced; but if it will several years myself, and been chairman of that committee, I am quite not in the least interfere with him, there is a resolution, that I pre­ confident there is no precedent like this. An me will pass unanimously, that I should like to have taken from Mr. WINDOM. I may have been under a misapprehension as to the table. It will be recollected that at the close of the last session the precedents; but when I offered the resolution, I thought it had there was a report recommending the expulsion of l\lr. Patterson, been the rule always to make this payment for a month after the then a member of this body, who has now ceasecl to be a member, clut:~e of a session. I know when we adjourn on the 4th of March but it was impossible to consider the question during the last session this pay always runs through the month, which is substantially the without a sacrifice of all the public business, and rendering an extra same thing. Howe\'er, I merely submit t.he matter to the Senate. I session of Congress necessary. Mr. Patterson bad the floor, and was accept the amendmout, of course. undoubtedly entitled to go on at such length as he saw fit, but he The VICE-PRESIDENT. The question is on the amendment pro­ gave way, in deference to the universal wish of the Senate, and posed by the committee, which is to limit the payment to the 15th of with an understanding that the subject should be. taken up and con­ Ap1il. sidered a~ this session. It is not the judgment of the Senate, I be­ The amendment was agreed to. lieve, that it is competent for the Senate to consider the matter at Mr. CHANDLER. Does not that put the clerks of committees in t this session; but I introduced a resolution, which on my motion was The VICE-PRESIDENT. The question now is on the resolution as laid on the table, authorizing Mr. Patterson to file a statement, which amended. should be entered in the CONGRESSIONAL RECORD. If there be no MI·. SHERMAN. Let it be read as it now stands. objection to that, I would ask to have that·resolntion taken up. The chief clerk read as follows : Mr.NORWOOD. lfitbeagreeabletotheSenatorfromRhodelsland, Resol'IJed, That the Secretary of the Senate be directed to pay the paaea of the I would prefer going on and saying what I have to say, and letting Seuate to the 15th of April next, at the rate of$3 per diem. "' that resolution come np afterward. Mr. ANTHONY. Very well; only I hope Senators will not adjourn Mr. CHANDLER. The amendment as to committee clerks is not in. without taking action upon this matter, which is but fair, after the Mr. CARPENTER. What has become of the resolution in regard understanding we bad with Mr. Patterson. to clerks of committees Y Mr. NORWOOD. I make that suggestion, because it is passing to a The VICE-PRESIDENT. It was referred to the committee. different matter and is not mere routine business. 184 CONGRESSIONAL RECORD. MARCH 25,

CHARGES AGAINST SENATOR CLAYTON. through the sworn friends of Governor CLAYTON, men who, from first to last, were working zealously and ~arnestl~ in. his behalf and for The VICE-PRESIDENT. The Senator from Georgia is entitled to his election. A quo warranto proceedmg was rnstituted, and for what the floor on the resolution submitted by the Senator from Iowa; purpose y For no other than to break Johnson of his office, in order [Mr. WRIGHT.] that he might be removed out of the w~y of ~overnor CLAYT,OOO Ill unlimited power that was placed In his hands by the constitution bonds of the Mississippi, Ouachita and Red River Ra~road Compauy, of Arkansa.s and by the laws passed pursuant thereto in establishing which were the identical bonds that had been promised by Hadley; boanlsofregistrars,and in the appointment of those registrars, and in and that letter was signed by Governor CLAYTON. the discretion of the executive to appoint and displace, he exercise~ There is the proposition by Hadley ; there is .the a~ceptance of th~ that power with a view to secure the election of members of the leg- proposition by White; there is the consummatiOn of the contract 0!1 islatnre who would be favorable to his election as a Senator; that the part of White for the benefit of Govern?r CLAYTON; an~ there IS when the registration was completed, wh~n t~e nomina~ious for the the price paid by Senator CLAYTO~ transmitted by a letter Rigned by legislature came on, he descended from hiS high executive seat and himself. Mr. President, I do not profess to be pure above other men, dabbled in the pool of politics for the express purpose of having men but if that is not a corrupt transaction, I concede that my moral ideas nominated who would be favorable to his election as a Senator; that are greatly at fault; and it being corrupt, if his election was secured he went around the State, from county to county, and had nomina- by that corrupt conduct, I say that this Senate has the right, and it tiona made with that view; that in one instance, by his executive would be the duty of the Senate, to declare that Governor CLAYTON control, be compelled a nomination that had been made to be c~anged wa.s not entitled to a seat in this body. and other parties nominated because they were favorable to h1s elec- Again, Mr. President, there is testim-;mY: showin~ that at various tion; that in the caae of one person, named Storey, the executive t.imes propositions were made by the mtimate frtends of Governor power was exerted upon him to compel him to decline his candidacy, CLAYTON, and particularly by :rhomas M. Bowen, for. the :purpose of because be was known to be unfavorable to Governor CLAYTON's bribino- members of that legislature, and upon th1s pomt I refe1· election to the Senate, and in order to put another party in his to one0 fact. which is not set forth in the printed views I have sub­ vlace favoring his election; and when Storey stood firm and would mitted. I quote from the testimony of a man named Fulton, on not yield to this demand, executive patronage, in the form of pub- page 91: lie printing, was taken from him for the purpose of punishing By Mr. Monnn.L: him for not yielding in his cat;tdidacy; that, w~en. the le~islature Question. State anything you know in regard to nnyoorru~t arrangement on the met, various measures were dev1sed, and the testimony satisfies my part of Governor CLAYTON with anybody temling to his eleot10n to the Son ate. mind from having beard it detailetl in the committee-room, and hav- Answer. I know that his friends tried to indnce.me t? vo~e for him, anll off~rctl ing studied it very carefn1ly since, that Govern_ or C_LAYTON. instituted me a. position if I would vote for him and not wtth his wmg of the party rtght .c proceedings ~or t b e express purpose o f securmg h lS e 1ec t 10n to th e straightQuestion. through. State who made that offer to yon. Senate which were not only unjustifiable, but which were unlawful Answer. JndaeBowen. and subversive of the government of Arkansas. I refer, for instance, Question. Jnd'ge Bowen who is here aa counsel f to the case of Lieutenant-Governor Johnson. He had been elected Answer. Yes, sir. at the same time with Governor CLAYTON in 1868. He took the oath Now, on page 92: of office and entered upon the discharge of his duties; be presided Question. Was not Judge Bowen then one of the judges of the supreme court of over the senate of that State; be signed the minutes of that body; the Sta.te of Arkansasi and no human be~ng ever whispered that he was not legally ~lected A,~:._,:~~-yw~8 \~~ not notoriously known and understood to be, to~etber w:ith and installed until Senator CLAYTON's race commonced, and, tndeeil, Ju~go McClure, tho regular manager and leader of Governor CLAYTON m carrymg nnt.il the legtsla.ture met in 1871. But, a.s Gvvernor CLAYTON was out this ente1-prisef . . , . under a promise, made during the campaign, reiterated time and Answer. Yes, sir; I understood him to be" fixing up the Job to carry lt through. agai~, in public and in private, that he would not come to the Sen- On page 93 be says: ate, If elect~d, ~ntil Lieutenant-Governor Johnson bad been made Question. State what you know in reference to it. away with, 1t bemg necessary that Johnson sbould be gotten out of Answer. I do not know, Pxcept wha.t Jullr,te Bowen offered me anll told me by the way, these procecdiugs were instituted. They weFe instituted :t whoso authority he offered it, and so on. 1873. CONGRESSIONAL RECORD. 185

t.~nestion. State what he said. times, and that it is incumbent on the Senate, therefore, to protect A m!Wer. He told me at the time I had the talk with him in regard to the posi­ itself; else that these evils will continue. Now, sir, I am not prepared tion on the railroad- to concede or admit that the times in these res pets are any more evil That was a proposition made to the witness to give him a position now than formerly. To do so I should have to admit that the people on a railroad in consideration of his vote- ' · are corrupt now as compared with former times, for, in my judgment, that if I did not want that, any appointment in my county that Governor CLAY· if the people have that degree of morality and honesty and integrity TON did control I conld have, and that if I doubted his sincerity he would pro~uee which they should have, yon will find the same in official positions, it in wl'iting froru Governor CLAYTON. That was at the same time, the same mght and you will find the average morality in all official or public office that he offered me this position on the railroad. Other men came to me with money, saying it came from Judge Bowen. · as yon find it with the people. Therefore, to say that we have fallen upon evil times in this respect, I say is a refieotion upon the people This testimony from beginning to end shows that Judge Bowen was that I think is unjust to them and unjust to their officers. the acknowledgeu representative of Senator CLAYTON in that race, I have suggested, Mr. President, that I might take up very mnch aud tlaat every act that Judge Bowen did in the furtherance of that time in the ex&mination of this case. I do not intend to take up election was done with the knowledge and consent of Governor CLAY­ such time as I would under other circumstances. My purpose is only TON. He was with him all the time. Hardly any witness speaks of an to notice some of the more prominent points that are suggested in interview with Governor CLAYTON who does not say Bowen was pres­ the views of the Senator from Georgia. ent. He lobbied on the floor of the house continually; he was with I shall not enter into an examination of what has been said with Governor CLAYTON on the streets; he was with him when Goveruor reference to the registration of the State of Arkansas, nor of what CLAYTON was calling at the houses of members, as testified by some has been said with reference to the influence of political con ventious. of the witnesses. Wha.tever Bowen did in connection with this trans­ All these matters I regard as being entirely outside of this case, an(l action, any fair jury would say, without hesitation, was the act of not only outside of the case, but I affirm here that upon this testi­ Governor CLAYTON. mony I could be able to show, if time allowed, that there is no testi­ There are other facts which are referred to in my minority views­ mony that should influence a single man as a juron showing that Sen­ propositions made for the purpose of giving offices to certain parties ator CLAYTON ever improperly influenced registration or that he ever if they would support Governor CLAYTON for the Senate, as in the influenced, improperly or otherwise, a single political convention in case of J.P. Grady, giving him the office of sheriff. .McConnell testi­ his State. fies-the witness about whom so much has been said-that Governor It must be remembered, 1\fr. President, that Governor CLAYTON was CLAYTON asked him to go and see Steele, a member of the legislature, a candidate for the office of Senator, known, and accepted, and rec~ whose position was doubtful on the senatorial contest, and make a ognized as such during the entire preceding canvass. It must be prn~osition to him, that if he (Steele) would vote for him for Senator remembered also that he was not unknown to the politics of Arkan­ he would appoint him to a judgeship. McConnell went and made the sas. Starting as a captain in the military service at the commence­ proposition. Steele voted for Governor CLAYTON and received the ment of the war, soon afterward promoted to the rank of lieutenant­ appointment of jndgt\. colonel, immediately thereafter, almost, becoming the colonel of the There are many other facts of this kind in this testimony ; but regiment, promoted in due time to be a brigadier-general, on the I find that. I am not able to proceed; and I therefore must close with close of the war, after having fought through all the battles in that this very brief reference to only a very few facts upon which my con­ portion of the country, he settled in Arkansas as one of her citi­ clusions have been based. zene-settled upon his plantation-and invested his all there. After The question is now with the Senate. My responsibility is now remaining there some two years, in no way connected with its poli~ only that which is common to all members of·this body. I therefore, tics, taking no part in the troublous times there, he was nominated without any further remarks, leave this question to the Senate. by the republican party as- a candidate for the office of t.tovernor. He Mr. WRIGHT. Ml'. President, I feel very greatly embarrassed by the · made the racA in the convention agaim"t 1\fr. Brooks, who is now circumstances surrounding me at this time. I am conscious tb,at among the principal witnesses against him, and also Mr. Johnson, every Senator upon this floor is anxious for an adjonrnment, and who was at the same time nominated for the office of lieutenant­ perhaps equally anxious for a vote upon this question. Under the governor. He was elected governor and entered upon the discharge circumstances, I scarcely know what is my duty. If I felt that the of the duties of that position. Senat.e considered themselves prepared and would come to a vote upon The scenes attending his administration of the office of governor, I the question at once, I should be very strongly inclined not to say a shall not refer to except to say this much: I undertake to say as a word; and yet it is, perhaps, due to the committee as well as to the part of the history of tho times that no State in the South was more Senator implicated, and to the members of the Senate who have not thoroughly, or soundly, or properly reconstructed than Arkansas; had an opportunity to fully examine this testimony, that I should and I say that that great work was largely owing to the indomitab14j at least say something in support of the views presented by the major­ will, energy, ability, and integrity of the then governor of the State. ity ofthecommittee, and atthesametimeshow themistakesorerrors If there were found men who were prepared to and did violate the into which I am sure the Senator who has just taken his seat bas laws, ifthero were found men who opposed the officers of the Govern­ fallen. ment or officers of the State who went out to enforce the law, the The case is one of such a character, turning largely if not entirely governor, by his agents, wa.~ constant and active in hls work, and upon the facts, that I could occupy hours in their examination; and soon those men were led to believe and to know that they continued those facts are Ro interwoven and the determination of the case de­ those dread scenes at the peril of their own lives. pends so much upon their interdependence upon each other that no He had been the governor of the State for two years. The term of one can do justice to himself if he undertakes to present the case office of one of the Senators then in the Senate of the United States hurriedly. And yet I feel that His my duty to present it thus hur­ from the State of Arkansas was about to expire. Governor CLAYTON riedly in view of the circumstances. was recognized as a candidate for that office. He was so recognized I desire to say, Mr. Presiuent, that my impressions of this case have in every county and all over that entire State. The contest was made entirely changed since I undertook the examination of the facts. That in that State largely with the knowledge that he was such candidate, is to say, when the report was made by the joint committee to inquire and the members of the general assembly were elected with that into the condition of affairs in the South, which was referred to this knowledge. I undertake to say from this testimony that, when the select committee, in view of what had been sa,id in the public prints, members were thus elected, a very large majority of the members anu in view of the rumors that obtained, I had an impression that elected upon the republican ticket were recognized and elected as there must certainly be something wrong in the State of Arkansas the friends of Governor CLAYTON. Hence yon will find that at the in connection with this election. I never had made the acquaint­ first election, to which election I shall refer hereafter, he received in ance of the Senator implicated until he took his seat in this body. It the house every vote except six, as I now remember, and almost the was said in the public prints that he was a bold, bad man, that he same proportion in the senate of the State. bad obtained his election by fraud and corruption; and with these I say, therefore, that Governor CLAYTON, as a candidate for tho office rumors and these statements before us in the public prints, I entered of Senator, was not unknown before the legislature met. There can upon the e.x.amina.tion of this case. be no claim that it was a sm·prise upon any person, or upon any party Now I am very sure that I have no disposition on earth to lower or bodv of men, that he was such candidate or that he was elected. the standard of integrity or purity in the election of Senators or in There was elected to that legislature a large ~jority in his favor; other electi'lns. I am very sure that I would hold the standard as hence there was no necessity on earth that he should use money ; no high as any one ; and by no act of mine, by no vote of mine, will I ever necessity on earth that he should use official influence; no necessity willingly or knowingly lower that standard. I would have an election on earth that he should do anything improper to secure such election, of Senator free, unbiased, uninfluenced, as far as possible. So far as I for he had such election assured him at the time the general election am concerned, I should not object if by law you should provide that the closed, on the 8th day of November, 1870. seat shoold be declared vacant if the Senator left his place in this hall or I therefore pass by all that is said with reference to registration, left his home and was in attendance upon the legislature at the time of and all that is said with reference to the influence of primary elec­ his election. So far as I am concerned, I should not object if yon should tions, first, because I say there is no proof of improper conduct, and, provide that if either by himself or his friends he undertook to influ­ in the second place, because I submit that with these influences we ence that election, or the members of the legislature, his seat might havenothing to do whatever. he declar~d vacant; and yet I think it is proper to say in this connec­ I think I may also pass over what is said in ·the minority report and tion one thing. I have been almost pained here for the last ten days what bas been said this morning with reference to the organization of or two weeks to hear it not infrequently said upon this floor-if not said the general assembly. I think if anything has been settled by the in terms, certainly implied from what was said-that the standard of debate of the past two weeks, if anything is settled by tho law on this senatorial integrity is being lowered, that we have fallen upon evil ·subject, it is that we have-nothing to do with such organization; that 186 CONGRESSIONAL RECORD. MARCH 25, the election, returns, and qualifications of the members composing the Mr. NORWOOD. If my friend will allow me, it is barely possible general assembly are to be left to the senate aud house of such assem­ that I may have been mistaken in the number, but I place no stress bly respectively, and with those we have nothinc:r to do. Very much upon that. If any one of those five votes was secured in the manner is developed in this discussion upon this and ki~dred subjects, but I that I think it was secured, it answers every purpose. shall not touch upon them or refer to them for the purpose of justify­ Mr. WRIGHT. Do I understand the Senator to maintain that if ing the action of Governor CLAYTON and his friends. one of those votes was procurOO. by bribery and improper means it I desire to say another thing in this connection. In the first place, would defeat the election Y I ask the attention of Senators to the charges that are here made Mr. NORWOOD. Not at all. against Senator CLAYTON; I ask it of them without regard to party; Mr. WRIGHT. What then T and I say to all Senators here that this is a question upon which no Mr. NORWOOD. It would j~tify expulsion. man can afl'ord to make a mistake. It is a question affecting the Mr. WRIGHT. There is no such question before us now, and there­ right of one of the members of this body to his place here, and no one fore I shall not discuss it. influenced by mere party considerations can afford to vote for or The Senator says that he may be mistaken as to the number, but that against this resolution. I submit that, so far as the charges here are that is not material. I undertake to say that throughout his minority concerned, nothing could be more indefinil;e or uncertain. You will report he bases his conclusion upon the fact that five votes were im­ find by referring to the testimony of Wheeler and Whipple that they properly influenced, and that they changed the result. I say, if there state nothing positive, nothing certain; but they state that this was is anything clear in that report and settled by its language, it is that understood and that was understood, this was rumored and that was he calculates and makes his estimate on the basis that five votes rumored, and upon these rumors, thus faintly hinted a~, the Senator would have changed the result, and having found the five votes, as he from Arkansas is put upon his trial here and this investigation is had. thinks, he reaches his conclusion. Not only so; but examine this testimony, and I submit it to every Mr. NORWOOD. I hope the Senator will not assume that that is member of the Senate that, notwithstanding five thousand manuscript the only issue in my report or the only conclusion that I present. The page.s of testimony were taken, and though the committee agreed question being one of bribery, I was endeavoring to show that A, B, unanimously to exclude one-half, if not more, of that testimony, yet U, D, !l'nd E were bribed, and enumerating the number. The question take the testimony that has been printed, and I affirm that seven­ now IS as to whether any of those were bribed. The other issue is tenths of it is the merest hearsay on earth. And yet it is claimed presented, it is true; but, true or false, it would not alter the result. that we are justifietl in either unseating the Senator implicated, or Mr. WRIGHT. I certainly was not pretending to say that that was finding that he should be expelled, upon testimony of the character the only conclusion at which the Senator arrived; bot I was merely that I have thus presented. for the present combating that conclusion. I shall come to the others I do not know that it is necessary that I should go into au examina­ in due time. tion of some of the matters that have been referred to by the Senator I was about to say, Mr. President, when interrupted, that not a from Georgia. It will be found that in the conclusion of his minority little force is placed upon what was regarded as improper conduct of report he substantially abandons any claim of fraud, any claim of Governor CLA.YTO.N and his ~iends in connection with the delegation corruption, so far as relates to the granting of the certificate to from Hot Springs County. It is said that it was part of the pro­ Edwards as a member of Congress; and yet I undertake to say, from gramme of Governor CLAYTON and his friends to keep the represent­ this testimony aud the charges referred to this committee, that that atives from that county out of their places, and that they succeeded was the prime charge that was made against Senator CLAYTON when in doing this until after the second election, and that thus it occurred this investigation was put on foot. I say that the principal charge that he had three of his own friends in the house to vote for him at was, that he bad, by a corrupt agreement with General Edwards, or his second election, whereas if they had heen excluded and the others with his friends, agreed to give him a certificate of election, u·pon con­ admitted, they would have voted agaiust him. Unfortunately for the dition that he (Governor CLAYTON) should receive democratic votes t:;enator's argument, that contest was decided before the second elec­ for the Senate. But when it was found that he received hut one dem­ tion; and while three men who were in the places at the time of the ocratic vote at the time of the second election, and that that mao, first election, as I now remember, voted for Governor CLAYTON, they Scales himself, testified that he scarcely knew whether he was a were excluded from their places before the second election, and each democrat or a republican, you can see at once that most readily and every man thus admitted voted against Governor CLAYTON. I they would abandon this charge, and therefore it is entirely aban­ am sure the Senator will not controvert me in that. I am sure I am doned. right in that. I have the record here, and if in this I am contro­ So far as the two principal matters relied upon by the Senator from verted I turn to the record. Therefore you see again, Mr. President Georgia are concerned, if I can show t.liat in some respects he makes and Senators, that here a. most material and important item in the fatal errors in his conclusions as based upon the testimony-that is Senator's calculation, and one of the main charges that he makes to say, that the elements which enter into his calculation are with­ against Senator CLAYTON, as showing the iron will and the iron band out any support in the record, I feel that I shall have gone very far of this man, falls to the ground. in satisfying the Senate that his conclusion is not warranted. For I wish to say another thing in this connection. It is a little re­ instance, he says that Governor CLAYTON received but five majority markaLle that Governor CLA. YTON should have this irou hand and at his last election. I am -verv certain the Senator is mistaken in that. this indomitable will, and thus hold the legislature at his own will I refer to page 398 of the report. He says : and pleasure, and yet there was a sufficient majority in that house to exclude his friends from their places and put three enemies in the In the house, second election, (house journal, p. 715 :) place of those who were thus turned out. Votes cast ...... •...... ··-··· ...... •...... ·-···· ....•••... ··-··· 78 Another thing is most remarkable. I ask Senators if they have CLAYTON received ...... •..•....•...... •...... ;...... 42 ever known in all their experience that a man with an iron will, as Necessary to a choice .•.•.•...... •...... •...... ···-········...... 40 Governor CLAYTON is rj:lpresented, with the power in his hands to control that legislature, with l!mch an overwhelming majority in that Majority ...... •...... ·-· .•.•••• ···-·····-·· ... ··-...... 2 body as it was claimed he had to control as he pleased, that that same body impeached the very man who held them in his hands. This very In the senate, second election, (senate journal, p. 272 :) legislature, that he thus controlled at his will and pleasure, by their Votes oa.st ...... ·······-·········· ...••• ······-····················· .•••••.... 23 votes impeached the governor of the State, and presented him at the bar of t.he senate for trial! CL.AYTOY received ...... •..•. ••••••oo••···--······-·····-·· ···-·· 15 Necessary to a. choice ...... _ ...•..... _. • . . . • . . 12 Mr. NORWOOD. If the honorable Senator will allow me, I will re­ fer him to my views for the reasons why the governor was impeached. ~ority ...... •.• ____ ...... 3 Mr. WRIGHT. I should prefer to proceed. Mr. NORWOOD. I did not expect that the few remarks I submitted I ha.ve here the journals of th~ house and senate at the time of that to the Senate were going to provoke such a long and aule discussion election, and by ref(uring to them yon will find that in the house Sen­ from the Senator from Iowa. I did not know that he was going so ator CLAYTON received 42 votes; all others received 36 votes. In the largely and so fully into the merits of these questions, from the con­ senate, Senator CLAYTON received 18 votes, uot 15, and all others re­ versations we had about the matter; and now, as he is pressing these ceived 7. I can very well see how the Senator made his mistake, for points, I wish to show him the reasons, and answer him as he goes t.lle vote, as first announced, was "for POWELL CLA YTO.N 15 ;" but along. three senators changed their votes before the result was announced, Mr. WRIGHT. I should very much prefer to get along with my and the vote was then announced as follows: "For PoWELL CLAYTON argument. The Senator will have ample opportunity to reply after 18 votes," and for all others 7. I shall have concluded. The Senator makes his calculation, and says there were five votes The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) improperly influenced, and that these constituted Senator CLAYTON's The Senator from Iowa declines to yield the floor. majority. Having shown that in this he is mistaken, without now Mr. WRIGHT. No, I shall not object if tlle Senator is desirous of ente~ing upon t~e question as to whether any single one of those five presenting this matter. I want to get it off my hands as quickly as was Improperly mflnenced, I am sure the Senator's conclusion is not possible. . warranted. Yon will find that Senator CLAYTON bad seventeen ma­ Mr. NORWOOD. I read from the minority report: jority on his second election, and that it was necessary that there It was instituted for no other purpose than to fulfill the pledge which CLAYTON should be a change of nine votes in order to make the result different had given his friends repeatedly, that be would r.ot accept the Senatorship until from what it was. be bad made way with .Johnson. Wheu that proceeding failed, his friends holding him to the pledge, be resigned, under the first election. In the mean time much He says also that a part of the scheme of Senator CLA YTO~ to se- bitterness ha.d been en.e-enderod and division taken place amon~ his friends and cure his election was-- · opponents in the legislature growing out of, first, the indignation of somo at his 1R73. CONGRESSIONAL l~ECORD. 187 attempt to ovt·•·tbrow .r ohnson on so frivolous a pretext; secondly, the attempt mad.o appointments; but his previous testimony shows an express agree­ by his partisans to impeach LieutGn:mt.Governor ,Jolmson; thirdly, his resigning the Senat{)rshlp; aml, fourthly, his delay in carrying out the agreement with Gen­ ment to vote for CLAYTON if those appointments should be ruado. eral Edwards._ Mr. WRIGHT. I have already suggested that I feel that I should be doing an injustice to tho subject and to myself if, in viow of all the That was the reason that they were enabled to impeach llim at that circum tances that surround us, I should undertake to enter elabo­ time, and hence his strength was so much reduced that he got but a. rately into all this t<>stimony and examine it in detail. I have llere very small majority on the second election. references to the testimony, and if any one has examined it, or if any 1\fr. WRIGHT. I hau read all that before, Mr. President. I knew one desires a reference to the testimony in support of what I state, I the ground that the Senator took. I certainly am not to be held am ready to refer to it. So far M the Senator from Georgia and to his conclusions. I state the record. I state the fact that the myself are concerned, we have examined this testimony ; our Yiews men who were the friends of Senator CLAYTON, as it is termed, and differ upon it; that I know very well; I cannot expect to satisfy him who were held in his power, did impeach him. I state that as a as to my conclusions; I do not know but that he might satisfy me as fact. to his, for I know how much more power he has in that respect than Now, Mr. President, I have only time to just glance at matters as I myself. ~o along, and instead of taking them up in their order I refer to I _have spoken of Chamberlain and Scales; I next come to White. them just as they occur to me. Now, I will tell you the strongest testimony there is aa to White. One I undertake to say that Senator CLAYTON's conduct in connection with Grey was a witness before this committee. After he had been examined his election as Senator, taking the first and second election, is without a he left the city. Mr. Brooks, a witness against CLAYTON, testified parallel in our politics. I have told you already that Senator CLAYTO " that Grey told him that he overheard a conversation between CLAY­ bad an unquestioned majority in that general assembly. In the nomi­ TON and White, in which money wa-s offered; and upon that testi­ nating conventions or caucuses, as they are termed, there was scarcely mony yon are to find this man guilty. I say that is the strongest a show of opposition to his nomination. At the first election his vote testimony there is here. was almost unanimous. He bad said to his friends in that State, bow­ Mr. NORWOOD. I dislike to interrupt the honorable Senator, but over, that if elected Senator, being such candidate, he would not leave I wish he would let the Senate know that in making that statement the State government in the hands of Lieutenant-Governor Johnson. be entirely ignores the testimony of McConnell. He was elected Senator; he had his certificate; there was nothing in Mr. WRIGHT. I will come to McConnell in due time. tho world to prevent his coming here and taking his place ; but there 1\ir. NORWOOD. McConnell testifies directly that Governor CLAY­ was his pledged faith to his friends that he would not leave the State TON told him he had seen White the night before the election and in the hands of the lieutenant-~overnor. Why he had taken this fixed the matter up with him, and he had been very expensive. ~rround and why he had given this pledge, it is not necessary that I 1\ir. WRIGHT. I desire to state here that I should believe a man should discuss at this time. But he was the Senator-elect ; nothing who had told a thing at fourth lland infinitely quicker than I would in the world was in the way of his accepting the place. I undertake anything that McConnell said, unless it was in regard to a matter to say that but few men can be found anyw.here who, having received unmistakably within his own knowledge; and if this Senate is pre­ so large a majority and having a. certificate of election, would have pared to unseat any man, or to cast the lPa.st blemish on him upon stood upon such a pledge when men were found all around him all the testimony of McConnell, who, I affirm, is a living monument of the time, and some of them his best friends, insisting that it was his God''S punishment of society and mercy to the individual; who is a duty to accept the place-to come here and enter upon his duties as walking monument of the doctrine of total depravity-! say if any Senator; and yet such was his fidelity to his friends, such his integrity Senator here thinks of casting the least blemish upon any man on a8 a man, and such his honesty as an official, that he regarded that such testimony, I have done with this argument. the dnty was incumbent on him to fulfill his pledge, and he hence re­ McConnell! Five witnesses come here and swear, as far as they are signed his pla-ce after the first election. allowed to do under the law, that they would not believe him un­ He having resigned the place after the first election, what is there der oath. McConnell ! Drunk and debauched every day of his life to impeach his second election or that would show that he was in almost. McConnell! When before the committee he had to be sent the least implicated in anything dishonorable or corrupt? The to a place of charity for a week to get him sober before he could pro­ Senator refem to five members of the general assembly whose votes ceed with his testimony. McConnell! Can you convict a man upon were influenced. I wish I had time to refer to those five members and the testimony of McConnell T And yet that is all there is of it. Mc­ the testimony bearing upon them. They are Chamberlain, Steele, Connell is smart. All these other witnesses who testified with refer­ White, Grady, and Scales. ence to the friends of CLAYTON, and thus to conclude CLAYTON by Chamberlain, it is said, was influenced to vote for Governor CLAYTON showing a conspiracy, fell short of it; but McConnell is the chinker by the promise of Governor CLAYTON to give him the office of justice and dauber, the man who, when the part of the chinking and daub­ of the peace; and yet throughout the minority report Chamberlain is ing is out, comes forward and patches it up. McConnell knew per­ spoken of as the true and tried friend of Governor CLAYTO~' from the fectly well, sharp and smart a.s he was, that, in order to affect CLAY­ time be was nominated and all the time during the contest; he is spoken TON, he must go every time and tell CLAYTON, and every time he must of as the man who engineered the Edwards arrangement; he is spoken bring it home to CLAYTON; and McConnell is the only man upon of as the man who engineered the democratic vote; he is ·spoken of whom there can be a hope that you can affect CLAYTON in this case. n.s the man who during the contest, when be was a candidate for the I have said that he was discredited. I have the testimony here of legisL'lture, had been appointed registrar, which has no foundation in the governor of Kansas, of the mayor of Lea-venworth, and of three fact in this testimony. He never was such registrar. But he was a or four citizens of Leavenworth, and of one or two of the principal candidate upon the CLAYTON ticket, and elected upon the CLAYTON citizens of Arkansas, who happened to be here at the timt', all of them ticket, as it is claimed; and notwithstanding all this friendsllip, all agreeing that his reputation for truth and veracity was bad; and this devotion to the interests of Governor CLAYTON, it was necessary to nowhere in Arkansas~ or Kansas, or Pennsylvania has there been buy him with a promise of the office of justice of the peace I He never found a man to come forward and assert his veracity. You will re­ was registrar ; lle was a clerk of the board, and so soon as he became a member, Mr. President, and others also, what was said on this floor candidate for the legislature he was removed. He never was registrar. yesterday by two honorable Senators. I would myself feel justified (In the same connection, also, to show the errors into which the Sen­ in referring to my friend, the Senator from Arkansas, the colleague ator falls, let me refer to the fact that he speaks of Fitch as a member of the Senator upon trial, if he were here, that he might also state of the legislature, and says that he was given an office. Fitch wa.o:J what be knows of this precious witness. McConnell is the only man, never a member of the legislature, and yet the Senator asserts in his I say, that they can pretend to rely upon to make any, the ]east con­ report that he was a member of the legislature and received an office nection of Governor CLAYTON in the transactions complained of. in consideration of his action.) This much with reference to Chamber­ Now, Mr. President, allow me to say one word in connect.ion with la iu, for I will very hurriedly run over these matters. what is spoken of as the Mallory report and the frauds in Pulaski I next come to Scales. Scales voted for CLAYTON the first time, County. I wiSh the Senate had the time; I should like much that and he is the only man that approximates a democratic status who that Mallory report should be read herf'l, to show the most unex­ di1l vote for him the second time. Scales voted for CLAYTON, and ampled frauds that were ever practiced in any country in this na.­ be says that his vote was conditioned upon receiving certain appoint­ t.ion, in my honest judgment. Notwithstanding the number of m"nt.s. He received no appointment himself. He swears himself ,·otes that were against Governor CLAYTON, notwithstanding be was 1b ~t he was not influenced in the least in voting for CLAYTON by impeached, when that report came in, it was adopted in the Senate anything that Cu.YTON had said to him, or by anything promised by of .Arkansas by a vote of 18 to 2. It shows the unexampled frauds CLAYTON or by Hadley; that, living in a county which was very in Pulaski County, where it is claimed that the friends of Governor sparsely sett.led, a prairie county, where there were but very few per­ CLAYTON were kept in their places and his enemies kept out. Let sons, he desired that certain men should be appointed to office there me tell you one thing in that connection. Governor CLAYTON got who were named. Some of those persons were appointed and some of the Pulaski delegation three votes. He got Chamberlain, Goad, were not. He had no kind of interest in their appointment; he had and Pilkington. Goa-d and Pilkington were upon the same ticket no kind of interest as to who should fill these places except to get with Brooks. Remember that Governor CLAYTON supported the good men ; and he said he applied to CLAYTON to have such men, ticket headed by Brooks in that election; remember also that he sup­ good men, appointed, and afterward some of them were appointed by ported Judge Boles in his candidacy for Congress; remember that Hadley. That is all there is about Scales. he made speeches for Boles; remember that Boles was the candidate Mr:NORWOOD. As I am not able t.o reply, I think it would be of his party; remember that at one time there .were two candidates but fair that the honorable Senator from Iowa should refer to the for Congress in the field besides General Ed wards-J ndge Searle and testimony as he goes along on these points. It is trno there is a gen­ Judge Boles; remember that Searle was more particularly the frieml eral denial on the part of Scales that he voted in consideration of tbe of Governor CLAYTON ; remember that Governor CLAYTON urged and 188 CONGRESSIONAL RECORD. MARCH 25,

I insisted tbatJudgeSearleshould withdraw and the field given to Boles; tant that Hadley should become governor, in his own estimation at remember that it was at his instance and npon his advice that this was least, as that CLAYTO~ should become Senator. It was also a matter done; and after Searle had withdrawn, Boles and Edwards alone be­ of importance to Johnson that, instead of having the office of lieu­ ing the candidates, CLAYTON supported Boles as against Edwards, and tenant-governor, which paid but very little, pe should have theoffice made speeches through his district; remember also that he supported of secretary of state, which paid better. the ticket headed by Brooks, who wn.s the candidate for the senate Now, you can see at once that there was quite as much motive, against Riley; remember that Goad and Pilkington were republicans, quite as much inducement on the part of Hadley and Johnson to and declared elected; Chamberlain and Goad and Pilkington voted for make this arrangement by which the one was to become governor CLAYTON. Brooks and Hodges, and Hodges particularly, prosecuted this and the other secretary of state, as that CLAYTON should have any­ case against CLAYTON; he was here during the entire investigation; he thing to do with it. You will find in this testimony also that White was a candidate for the legislature upon the Brooks ticket. Brooks had said three months before, if not longer than that, in view of the and Hodges swear that if they had been in the legislature and the can­ condition of his family, he having lost his wife and having a family cusofthe republican party had declared forCLAYTONtheywould have of dependent children, that he was exceedingly desirous to get away voted for him. If they had been admitted, therefore, you will see that from Little Rock, and to abandon his position; that what he wanted Riley could not havevoted against CLAYTON, behaving been declared above everything else was harmony in the republican party, and, if entitled to his place as senator. If Brooks had been there, and the he could do anything to bring that about, he wa-s ready to do it. He majority of the repub1ican caucus had declared in favor ofCLA.YTO~, had said so to Governor CLAYTON; he had said so to his friends; he Brooks swears he would have voted for CLAYTON; and that there was had said so to men all around there; and that, too, while he swears such majority for him no one pretends to doubt. Not only so, but po itively that he was not the friend of tlither of these factions, but Hodges swears that be also wowdhave voted for CLAYTON; and there­ studiously kept out of all entanglements in connection therewith. I fore, if Brooks and Hodges ba.d been a<1mitted, be would have got say this was the condition of things. Brooks's vote in the place of Riley. Goad and Pilkington were on the It is also true that White held certain railroad interests in connec­ same ticket with Hodges and Brool;:s. If Hodges and Brooks had been tion with men who were the enemies of Governor CLAYTON. He held declared elected, Goad and Pilkington would also have been elected, those interests, however, not by any written evidence, and under such and the more certainly from the fact that they ran aheacl of both circumstances that they, becoming offended at him, there was great Hodges and Brooks. The trouble was, about Hodges's and Brooks's danger that he would be prejudiced and lose in that connection. elect10n, that there were certain frauds attendant upon that election That is to say, he bad not any written evidence of his interests in which defeated them; but in view of the fact that Goad and Pilking­ those railroad transactions. It was suggested to him, and he felt ton resided in White County, and received more votes there than the and knew, that if he should do anything the effect or result of which other candidates on their ticket, they were declared elected; and for should be the election of Senator CLAYTON, or whereby Senator CLAY­ the other seats the candidates on the democratic ticket were declared TON could fulfill his pledge to his friends, be must suffer at once in elected. connection with such railroad interests. You will find that White Now, I want to be understood in this. Riley voted against CLAY­ (who, by the way, is the witness of the prosecution, and, remember, TON. Brooks would have voted for him. Goad and Pilkington would he is the man, and the man alone, upon whom they rely to sustain have continued in tlteir places anyhow, and they voted for him. this charge) says nowhere that he received a dollar in consideration Hodges says he would have voted for him had he been in the legis­ of resigning the office of secretary of state. On the contrary, he de­ lature, and it is fair to presume that the other candidates on that nies expressly that he ever received a dollar for any such purpose. ticket, for there were six for the house and one for the senate, would He swears that he resigned the office because he had said repeatedly have voted as Brooks, who wa.<~ their leader, andHorlges, who followed that he was willing t) do anything to bring about harmony, and so Brooks and was the leader in the house, declared they would have far as the money consideration was concerned, it had reference to his voted. Can you tell me what object CLA YTO~ had in keeping these connection with railroads-Governor CLAYTON having no part or lot men out of the legislature t You will find that Governor CLAYTON in conversation with him in any such arrangement. had nothing to do with that matter whatever. And so far as the But not only that; but, as I have said, it was not votes that Sena­ Mallory report is concerned it did not determine anything in regard tor CLAYTON wanted; he had the votes; and I undertake to say that to the right of Brooks and the other candidates to seats in the legis­ no single vote in the legislature was influenced by any such arrange­ lature; but that was determined by the committee on elections, to ment. I undertake to say that it was a mere conventional arrange­ which committee their credentials were referred. The Mallory com­ ment entered into between these persons whereby CLAYTON (if you mittee wa for the purpose of inquirin~ whether there bad not been cer­ put it in the strongest light) could keep his pledge with his friends, tain frauds and insurrectionary and vtolent proceedings in the conuty no member of the legislature having anything to do with it except of Pulaski touching that election; not to determine who was elected Hadley, no member of the legislatme coming here or any person tes­ to the senate and house of representatives of the general a.ssembly, tifying on the subject showing in the least that a single man was but to determine whether there had been violence with a view to influenced by such arrangement. subsequent legislation ; and I undertake to say that when you look Now, in view of what bas been said here for the last two weeks, and at that report-and if I bad time I would have it read-you will find not lowering the standard in the least, I submit if any man can be a condition of things that has no para1lel in the history of elections justified in saying, in view of this testimony coming from their own in this Government. Why, sir, one witness swears that there was a witness, nothing in the world outside of what he says, that, Senator combination the night before the election, and for days before that, CLAYTON is justly implicated in this matter. to take possession of the polls in the city of Little Rock; that tbe Mr. President., there is nothin~, in my judgment, that there is so town clock was to be so placed as that the regular judges of election much danger of as that we, givmg heed to the morbid condition of would not get to the polls in time, at eight o'clock in the morning; the times, upon a mere presumption, in the face of positive and direct that they were to be there hours before that time, and some of them testimony, should affix a stain upon the official life of a member of were there at one or two o'clock in the morning; and when the regu­ this body. I submit, in all candor, is not one thus charged entitled lar election judges appeared there they were driven from their places to have applied to his case the same rules of evidence that you apply and the polls were usurped, and that this man Hodgei, and others, to the highe t or the lowest criminal in the laud f who prosecuted this case against CLAYTON, were active and instru­ Mr. SCOTT. If my friend will permit me before he passes from mental in getting up these frauds and taking possession of the this subject, I have looked at this point as being really the serious polls, not in Little Rock alone, but in the towns around through the question presented by the report. I have looked at the testimony in county. this case with a. desire to understand it a-s fully a-s I could. I fincl I say, then, so far as this county of Pulaski is concerned, that the that the resignation, of which he has been speaking, of Mr. White, most unexampled frauds were perpetrated there by these men, and the secretary of state, was negotiated for by Mr. Hadley, then a !!en­ that, so far as CLAYTON was concerned, it was his interest to have the ator, who afterward was elected president of the senate and thereby very men who now insist that he improperly Jtept them out of place, became, ex officio, lieutenant-governor, and after the acceptance of the in their places, that they might vote for him, for he received but position of Senator by Governor CLAYTON, became governor of the three votes from Polaski County members. Two of them would State. I see that, in the position in which the parties stood Hadley have been continued, and he would have got them anyhow. If was as much interested in procuring 'Vhite's resignation as anybody Chamberlain's seat bad been declared vacant, he would have lost else, and that Joh::1son was as much interested as anybody else in • Chamberlain's vote, but he would have got three other members of procuring White's resignation . the house and the vote of Brooks in the place of Riley in the senate. Following the testimony, I find that an offer or a suggestion was Mr. President, there is but one other matter to which I shall.refer, made to White that he could have $5,000, or would probably recei vo and then I shall leave the case. I have said very much more than I that amount in money, and 25,000 in bonds of the Ouachita and Red intended when I rose. All that remains is. the charge in relation to River Railroad Company. He did resign; Johnson did become sec­ White's resignation as secretary of state and Johnson's appointment retary of state; and after that time, without any account of where as his successor, and Hadley becoming governor. the money came from, it passed through the hands of Senator CLAY­ I want it borne in mind that GovernorCLAYTO~ did not need votes. TON, and was placed in the hands of White-the $5,000 and the rail- He had been elected Senator; he had an unquestioned majority of the ro~b~~ . repn blican party in that general assembly. What be wanted, to state Now, recurring to the testimony of Hadley and to the testimony the matter briefly, was that he should maintain his pledge to the peo­ of Senator CLAYTON given before the committee, I do not find any ple of the State. White resigned his office as secretary of state. The account of who furnished the money and who furnished the l>onds; only word that is shown here that CLAYTO~ ever said to him upon and the question I wish to put to the chairman of the committee is, earth is, that be met him one day and asked him if be had seen Had­ is there any test.imony in the other part of the evidence which does ley, and ho said he lutd. Now, remember that it was quite as impor- show who furnished that money and those bonds f That is a point 1873. CONGRESSIONAL RECORD. 189 upon which I should like to be informed, if there is other testimony. When he did that, he was under the impression, according to his own I do not find it in the place where I expected to find it. testimony, that he would incur the displeasure of those men with Mr. WRIGHT. I will state that the testimony of White, while be whom he was identified in the business relations referred to. was not, perhaps, the last of the witnesses examined before the com­ Mr. Rice testified before the committee t.ha.t he was interested in mittee, was taken near the close of the investigation. White resid­ these transactions, and te1ls bow he became interested. He says he ing in Virginia, there wa.s an effort, running through several weeks, and these gentlemen got possession of the Cairo' and Fulton Railroad to get him here, as I now remember, but, because of bad health, he organization; and they then made a contract with Mr. Denckla, of was unable to come. The investigation had been protracted, and New York, or some one else-I think Mr. Dencklar-wbereby, in con~ witnesses were being brought here from Arkansas, and ea-ch time, as sideration of that contract, Mr. Denckla. issued to th,000 in cash and time the arrangement was made. White says be never received such twenty-five bonds of the Mississippi, Ouachita and Red River Railroad. boucle; he only received evidence that such bonds were on deposit This White swears positively was not in consideration of his resigna­ for him. The four certificates of deposit 'vere furnished, as I stated, tion, but, as before stated, on account of the losses that be expected to and sent to White in Virginia, nothing being said as to who furn­ sustain, and did sustain, by the sacrifice of his interest in the Cairo and ished the money; nothing being said, except simply, "I inclose yon Fulton Railroad operation. White testifies that his interest was the so and so." same a-s Mr. Rice'e, and Mr. Rice testifies that he received 40,00Q for Now, I have an explanation from Governor CLAYTON with reference his interest. to where that money came from. I do not think it proper myself to Now I will explain bow I became connected wii(h this transaction. state it. The Senator can state it, and stat.e the reason alio why the After this conversation between Governor Hadley and White, I was testimony was not developed on that subject, if be chooses. informed by the former of its purport, and wa.s thus cognizant of it, Mr. CLAYTON. Mr. President, I take great pleasure at this time t.bongb not a party to it. The only conversation in relation to this in giving my explanation of that transaction. I hope the Senate matter between White and myself was, as be testifies, a vassing re­ will bear in mind that the testimony of :Mr. White, which is the only mark ma-de by me when I asked him if he had seen Hadley, and be testimony upon the subject, is the testimony of a witness for the replied that be ha.d, and the conversation testified to by him wbicli prosecution, and that it was delivered nearly four months after the took place in New York some three months afterward. At this time investigativn commenced, at a time when Congress was about to be informed me that his associates in the railroad transaction ha-d, as adjourn, at a time when I was satisfied that the whole intention of he bad apprehended, entirely ignored his interests, and that he bad no the investigation was to make political capital against me during the hope of obtaining justice a.t their hands. He then asked me if I last campaign in my State. What does Mr. White testify tot I thought that the agreement made between Ha-dley and himself would would like every Senator here to read that testimony carefully and be carried ont. I replied that I thought it would be, and that I would weigh it. He testifies that he was interested with certain parties in see Mr. Sickle$, one of the parties to the transaction, and wonld let railroad transaetions. Who were those parties t One of them was him know. I took a memorandum of his address, which was in Vir­ the prosecutor right before him, who could deny what he saill if ginia, and soon after saw Mr. Sickles about it. Mr. Sickles informed it was not so. Another was my then colleague, ex-Senator Rice. me that it was all right, and that he was ready to forward to him the Another Mr. McDonald, my opponent in this eJection. Another, the certificates of deposit. Not having the address of Mr. White with me l1rother-in-law of Mr. Rice, Mr. Benjamin. Who the other t Mr. at the time of this conversation with Mr. Sickles, he asked me to take Brooks, who ran upon the same ticket with Mr. Hodges, and whose the certificates and forward them to Mr. White, which I did, as testi­ name was left off the roll by Secretary White. These were the men fied by him. with whom he was identified in the Cairo and Fulton Railroad trans­ Mr. SCOTT. I trust the Senator will not leave the impression that actions; and right here I want to call the attention of the Senator I called upon him. My question wa-s to the Senator from Iowa as to from Iowa to the testimony of Mr. Rice himself, which the committee whether it was to be found in the testimony. I did not call on the struck out as irrelevant. You will find, and the Senate will find, that Senator from Arkansas at all. that testimony was reluvant, and ought to be in this case. Why' Be­ Mr. WRIGHT. Mr. President, I bad about concluded what I in­ cause Mr. Rice, when he came upon the stand, substantiated all these tended to say in reference to the matter now before the Senate. As I statements of White's, by testifying that there was snob a. railroad have suggested more than once, there are many other points that I transaction, and that there were the same number of men in it as should like to refer to, and ·would refer to under other circumstances. stated by White, :wcl by telling how he became identified with it. Mr. CLAYTON. I would like to ask the Senator from Iowa whether Mr. SCOTT. If the Senator desires to convince me of anything t.he testimony of Mr. Rice that I referred to did not corroborate the about White, I will relieve him in a moment. I read his testimony testimony of :Mr. White. over carefully, and I never in my life read the testimony of a man Mr. WRIGHT. There is no question about that. Mr. Rice corrobo­ who had occupied the position of secretary of state of a State, and rates Mr. White M to his connection with that railroa-d transaction. whose.lntelligence ought to have ma.de a better impression, that made I wa-s about to say ibat if there be anything in connection with this so bad an impression on me as his did. I was satisfied that there were testimony as to which any member of the Senate has doubt or wants a great many things in his statement that needed much of corrobora­ information, I believe I can refer to it readily, and will very cheer­ tion ; and my purpose in putting the inquiry was not to bring out any fully do so. collateral controversy, but was simply to ascertain if the chairman I but repeat what I said at the time I commenced these remarks bad the knowledge from the testimony of where the money and the when I say that my impressions with reference to the election of Sen­ bonds, which it seems conceded were paid to White, had come from ; ator CuYTON have entirely changed. I feel that in view of the con­ who bad furnished them. dition of affairs in Arkansas; in view of the plots and counterplots Mr. CLAYTON. I am obliged to the Senator. I will take this oc­ that there obtained; jn view of the state of society ; in view of the casion, if the Senator from Iowa will permit me, to go on with my excitement that obtained at LittleRock during this election; in view statement. I think I understand what the Senator from Pennsylva­ of the feelings that obtained between the members of the different nia desires. I am afraid he misunderstood me. I wanted the Senate factions, t.he meetings that were held from night to night on either to understand the whole transaction. side, the struggle there for the succession ; in view of Senator CLAY­ Mr. WRIGHT. I will say t.o the Senator that if he will answer the TON's life up to that time; in view of his integrity and honor in question which was put by the Senator from Pennsylvania, I will then maintaining his pledge to his friends; in view of the position that he conclude what I have to sny and yield the floor. occupied before that people; in view of the manner in which be bad Mr. CLAYTON. I would be glad if the Senator would allow me to discharged his duties as governor; in view of the entire want of tes­ finish this now. timony here to show anything against him tJ:!at would be proper to jus­ White testifies that he was interested in a railroad transaction with tify action at our hands; in view ofwbat I am bound to believe were the men who wero prominent leaders in the opposition to me, among the false and tmwarrant,ed rumors with reference to this case; in view of rest the prosecutor in this case, and Mr. Brooks, who testifies in this what I know will be tbej udgment of an enlightened public, and that they case. In the course of time, in the performance of White's official ought to hasten to givo it, tha.t justice may be done this man ; with no duty, he had to make a list of members elected to the legislature, upon kind of feeling on the subject myself, with only solicitude to dischargE:.' which the legislature organized. In making tha-t list it became a part my dnty here as a St>nator, .as ready as any other one to declare him of his official duty to strike the names of :Mr. Hodges and Mr. Brooks guilty if he should be so found, whether as a member of the commit­ from the list, in ac~ordance with a decision of the supreme court. tee or a Senator upon this floor; in view of his life since he has been 190 CONGRESSIONAL RECORD.

a member of t.his body ; in view of the evidence we have here of his The Senator says that I did not disprove that I furnished the mone-y inte~rity, and his unassuming deportment and manner; in view of and the bonds alluded to. Why should I disprove that which wa.,; the fidelity to principle and fidelity to everything that is Tight, so far not charged or established by the testimony of any witnes f The as his comluct here shows; in view also of the circumstances attend­ only doubt I have in my mind now is that I should deny it at this time. ing this prosecution, the malice, the bitter feeling that seemed to urge It was the' place of the prosecution to establish the charges and not my it on; in view of the fact that he sought this investigation, and thus place to prove a negative. far has not seemed to do anything that should avoid it; in view If White testified falsely about the Cairo and Fulton transaction, of all these circumstanoas, and in view of the rights that he has as and if he had not really been ignored by his associates, why did not a citizen and 4ibe rights he has a,s a member of this body, and our duty Hodges, who he swears was one of the parties to it, and who wa8 as Senators, his colleagues, I submit that this testimony, largely made present as both prosecutor and witness in this investigation, testif~y up as it is of hea.rsay, is wanting in almost every respect in every ele­ to the contrary; and why was not Mr. Rice, who was another of the ment that would make it competent testimony if we applied strict parties to this transaction, recalled f roles, and yet the committee were disposed to be exceedingly lenient to If the prosecution desired to ascertain whether Sickles really did the prosecution, and inclined to give them every opportunity possible furnish the money and bonds, why did they not recall him, he haviug for the purpose of introducing testimony. In view of all these circum­ already testified in the case, and ask him where the money came stances I leave the case, and I feel assured that Senators upon this floor, from 'i' Did they do that Y No ; they did not attempt to do it; anti looking to duty alone, looking to the testimony alone, acting as judges, why f I have my own opinion why. l think they were tolerably throwing aside once and forever all party or po1itical considerations, anxious to have that little transaction covered up. They were partie8 can reach fairly but one conclusion, and that is the conclusion an­ to it. I think they had, perhaps, some of them, a faint idea that noouced by the majority of the committee. another investigation might be raised in this chamber. They were Mr. CLAYTON. Before the honorable Senator takes his seat, I wan Ti trenching upon dangerous ground. to callllis attention to one matter. I would like to ask him whether It was shown by the testimony of witnesses, and by Mr. Rice him­ Mr. Sickles, whose testimony does not appear in thi!:! book, but who self, that the Cairo and Fulton transaction was one with which he was did testify before the committee, did not swear that Mr. McConnell identified. He received $40,000 as his interest in it. The question of approached him with a proposition to pay him one or two hundred granting lands to that railroad was brought np before this body and dollars if he would not testify in this case. voted upon while he was a member of it. He did net deny that he Mr. WRIGHT. I supposed that McConnA1l was so essentially and voted on that question. My own impression is that, if this report bad effectually out of this case that I did not think of referring to what been made before that gentleman left his seat, he wool1l have been Sickles said of him. McConnell testifies that Sickles approached him compelled to ask an investigation at your hands. But he is not hero and proposed to boy him to get him to go away, he was a man of so to defend himself. The allusions I have made to him arise from hiM much importance. Sickles comes in and swears that he never thought own testimony. of doing any such tp.ing; that McConnell himself came to him and pro­ :Mr. MORRILL, of Vermont. Will the Senator from Arkansas allow poseu that for a consideration he should get out of the city. McCon­ me to ask him a question f nell! There is not anything left of him. Mr. CLAYTON. Yes, sir. Mr. NORWOOD. Mr. President, I dislike very much to det.ain the Mr. MORRILL, of Vermont. I do not understand that the Senator Senate any longer on this case; but I cannot forego the opportunity of from Arkansas was put upon his oath or gave any statement in rela­ referring to some of the remarks submitted by the Senator from Iowa. tion to these facts. He bas of his own accord here made a statement He bas placed me in a position which I am not willing to occupy, and in relation to Mr. Sickles. He states that he called upon him at New which I do not occupy. Before coming to that, however, I will refer York and inquired of him whether he was ready to settle and adjust to the very pertinent question that was asked by the Senator from this matter with Mr. White. Pennsylvania, and I call the attention of the Senate to it particu­ Mr. NORWOOD. White, not Sickles. larly. The question was asked as to whether the evidence discloses Mr. MORRILL, of Vermont. I did not understand him to say that from whom the $5,000 and the $25,000 bonds came. The testimony is be did not contribute some part of this $5,000 or the bonds that were entirely silent, except that it came from Senator CLAYTON. paiu over. If he did mean to be so understood, tllen I did not onder­ Mr. CLAYTON. Allow me to interrupt the Senator. stand him. I desire to know whether he intended to say that he did Mr. NORWOOD. With pleasure. not contribute any part of that $5,000 or any part of the bonds f Mr. CLAYTON. Does the testimony show that the money and the Mr. CLAYTON. I do intend to say that. I have my own ideas bonds came from me f where it came from, but it did not come from me, and I contributed Mr. NORWOOD. Yes, siJ:. no part of it at all, and if the Senator from Georgia desiroo, I will .Mr. CLAYTON. Or does it show that I forwarded Mr. Sickles's advance to the bar of the Senate and make oath to that effect. Bnt, certificates of deposit, stating that he had deposited in a bank cer­ sir, I fear my oath would have but little weight with that Senator,judg­ tain amounts of money T ing from the manner he bas treated my sworn statement in his report. .Mr. NORWOOD. Certainly, that is what I mean. I mean to say 1\Ir. NORWOOD. There was one remark which fell from the lips that the communication was directly between White and Senator of the Senator from Arkansas which I feel it my duty to notice. He CLAYTON. There was no pret.ense that there was anybody indebted speaks of the prosecution in this case. I hope he does not place me to White, and that Senator CLAYTON was simply the medium to trans­ in that category. I am not prosecuting, and have no desire to prose­ mit that amount ; nothing of the kind. Let me call the attention cute the Senator. I would not hurt a hair of his head. I would not of the Senate to the fact tllat Senator CLAYTON was examined upon asperse him in the slightest degree. I am simply explaining this this investigation nuder oath, and that he never pretended to deny a. testimony; and if I speak with zeal, I hope the Senator will not con­ single statement that White made. He was represented by what were sider that it is with any reference to him or personal to him, but it supposed to be learned counsel, honorable gentlemen that ho had ap­ is owing to the ruanaer in which I generally speak when I am in­ pointed to the supreme bench in Arkansas, the honorable Chief Jus­ terested in a question. tice John McClnre, for one, and ex-Justice Thomas l\1. Bowen. One The issue that I waM upon, coming back to that, is this: that when bad been elf,cted, the other the Senator had appointed chief justice; the Senator from Arkansas was upon the stand, he did not then ex­ and those counsel, skilled in the law, with these pregnant facts tes­ plain that this money, which was represented by a check showing a tified to by White and by other witnesses, placed thftir own client deposit in New York, and these bonds, were not his property when he upon the stand and forewent the opportunity of a,sking him a single turned them over to White. He did not explain that any other per­ question as to the materiality of that testimony. He was silent when son had contributed those to be paid to White. He did not explain testifying under oath as to where this money came from. He did not that he was simply the agent, transmitting from the debtor to tlle pretend to deny a single allegation that White had made; and there creditor. He had the opportunity to do so. There was the testimony, is the bald, naked declaration of White uncontradicted, and, on the which showed that he had written a letter to White, had transmitted other hand, corroborated, that that money was sent to him by Gov­ this money and these bonds, and yet it was left witboot explanation; ernor CLAYTON, and that the consideration of it was his resignation. and that, too, in the face of the fact that it had been testified to by Mr. CLAYTON. Mr. President-- Whito that the identical amount of money, $5,000, and the identical The VICE-PRESIDENT. Does the Senator yield to the Senator bonds in amount, $25,000, and tlle identical railroad, the Mississippi, from Arkansas T Ouachita and Red River Railroad, and first-mortgage bonds, were Mr. NORWOOD. I have no objection. the identical amounts and the identical bonds that had been proposed ~· CLAYTON. I know the Senator from Georgia does not wish to by Hadley whim he made the proposition to White to bny him off. miSrepresent me. It is said that there were other considerations that entered into Ml·. NORWOOD. I do not, of course. this transaction; that it was not for White's resignation. I ha,·e Mr. CLAYTON. I do not deny White's testimony. I do not at­ stated that it was for his resignation, and Mr. White, in his exam­ tempt to impeach him. It is the Senator from Georgia who attempts ination-in-chief does not refer to any interest in any railroad as one to impeach this witness for the prosecution, when be says in his report of the considerations for accepting that money. More than that, that White's conclusions are "lame and impotent.'' White does not the proposition was made by Hadley himself, representing Governor say within the pages of this testimony anywhere, that I paid him CLAYTON, and I think the testimony shows, and I think tuat is cou­ that money. He does not say anywhere that he received it for his clusive, from the fact that the proposition made by Hailley is carried !esignation; but, on. the c~:mtrary, he does say that be did not receive out by CLAYTON. When Hadley was on the stand, and he was onder 1 t !or any such constderatwn. I defy any· one to show anywhere in examination as to what was the consideration for this proposition he th1s testimony wherein I ever paid him one dollar in money or any ma.Ue to White, what did he say 'f other consideration. At the reqoe,st of Mr. Sickles I forwarded to Question. Is it your belief, from your knowledge of the circumstances surround· him tho certificates of deposit, and that was all I bad to do with it. ing this transaction- '-

1873. CONGRESSIONAL RECORD. 191

Referring to this proposition of White's- be carried with him; that he there examined that trunk, aud took from facts which you k--n ew at the time, that he resigned his office solely to pro­ from it papers, the contents of which and the secrets of which no tluce harmony in the republican party ~ one knows but Senator CLAYTON and McConnell. McConnell tells Answer. I have no reason to believe otherwise than that and hls family difficul­ us that they were political revelations which would injure t he Sena­ ties. tor in th;s investigation. The Senator tells us that t hey were com­ Mr. White goes on to state what his family difficulties were. His munica~ions which he ba-d turned over to 1\IcConnelJ as his private wife had died, and he had been left with four small children; hut he secret.ary to answer, but which he had not answered. The question does not say there was any other valuable consideration that entered lies between them. Now, does it lie in the mouth of the Senator into it-none whatever. Mr. Hadley, who makes the proposition, from .Arkansa-s, or the mouth of the Senator from Iowa, to rise here states on oath that, when he was negotiating with White, the only and, upon the statement of parties who have a casual acquaintance consideration that entered into it was for the harmony of the repub­ with McConnell, to say that in the community where he lived he was lican party, and because Mr. White was in domestic trouble. .And not a man of good character for truth and veracity ; to impeach the yet the new theory is suggested here that Mr. White was interested character of McConnell, and to absolutely break down his testimony f in railroads, and that this was paid in consideration of the interest If any Senator will examine the evidence, he will fi·nd an intimate be had in these railroads. acquaintance on the part of McConnell with the business of Senator The Senator from .Arlransas says, if he had attempted to cover this CLAYTON that probably no other human being on the face of the up, why would he write the letter Y Why would he not have allowed earth had. There is a circumstantiality, there is a particularity somebody else to write the letter Y Why, ~lr. President, I do not about it;· and besides that, there is a corroboration from other wit­ suppose the Senator from .Arkansas wanted to reYeal to others what nesses and an absolute confirmation of much that he says that gives his transaction ~ith White had been. It was not necessary, in send­ to the entire testimony of McConnell all the appearance of truth. I ing a certifieate of deposit from Sickles, that. Mr. SickleR ~; houlll know do not, t.berefore, discredit the witness McConnell simply because it was going to be sent to White. Mr. Sickles would probably never these gentlemen did uot think be was a man of truth antl veracity. know to whom that draft was to be sent, and the fact of sending a If he bad not been in a position to ascertain all that be testifies to, certificate of deposit in the name of JacksoU- E. Sickles shows that if he was not corroborated by the Senator from Arkansas himself in the intention of the parties was to wipe out their tracks. That fact several of the statements that he makes, and corroborated by other of itself is pregnant with meaning. Then, when you couple it with witnesses of veracity and credibility, I would be willing to discard the other facts I have just named, that Hadley deuies that any such his evidence; but I cannot do it under the circumstances of this case. consideration entered into the contract, th:J.t the contract ma.de by .Any one who was in that committee-room, and listened to McCon­ Hadley was carried out by.Senator CLAYTON in amount and in bonds, nell's testimony, must have been satisfied that, though he was the that Senator CLA.YTO:N, when on the stand, made no explanation as subject of inebriation at times, while he was testifying he was calm, to where that money came from, that he never pretended that any­ C'lllected, and sober, and had every appearance of a man who was body else was interested in it, never said that he was transmitting telling the truth in every letter. it for anybody else, I say the testimony is absolutely overwhelming. But, Mr. President, I cannot go on further. It is too much labor The Senator from Arkansas speaks of some evidence that ought to for me to speak. be in this record. .All I can say about t}lat point is this: I wanted all Mr. CLAYTON. Mr. President, I shall occupy but a very few mo­ the evidence printed; I believed it all pertinent; I believed that it ments. The Senator from Georgia insists in his minority report that ought to go to the country; that it indirectly and directly touched McConnell was my private secretary. I should like him to put his this case; but it was not the judgment of the majority that it shouJd finger upon any testimony establishing that fact. On the contrary, I be included, and: upon that I yielded, and a great deal of it was left will take hiR own witness, McConnell, and prove to him that he is out. There remains now the testimony of two witnesses that has not mistaken. Will that be good evidence in the Senator's estimation f bee.n printed and included in this volume, but which has not been re­ I ask him to look at page 292. jected as part of the evidence, and which remains in the committee­ Mr. NORWOOD. I may not use the correct words. l'Oom for reference if it should become necessary in this discussion, and Mr. CLAYTON. Here is McConnell's own testimony. had I been able to enter upon this discussion in the manner and to the Mr. NORWOOD. What does be say t extent that I desired and intended, that testimony would have been Mr. CLAYTOY. He says that he was not, in so many words. I reae here under review. from the testimony: One of these witnesses is Chauncey Stoddard, a witness who went Question. How long were yon employed as a .Private secretary 7 to .Arkansas from New York during the pendency of that legislature, .Answer. I really never was employed as a pr1vate seeretn.ry. and upon his own testimony, after a two days' examination, and upon ,. That will be found on page 29-2. an effort on. the part of the committee and every mem her of the com­ Mr. NORWOOD. I simply wish to call the Senator's attention to mittee by every means and appliance we could bring to bear, except one fact. I was not speaking of anybody who had testified in so many incarceration, for two hours in endeavoring to get him to an-swer a words that McUonnell was the Senator's private secretary; but where single question, we finally forced from that witness the confession McConnell was engaged and had the Senator's letters to answer, and that be had gone there and had contributed 40,000 for the purpose the Senator, then governor, turned over to him his priva.te correspond­ of getting a bill passed through that legislature; and there is evi­ ence to answer, I want to know in what position he was standing 'I dence going to show that the Senator from Arkansas himself had a Mr. CLAYTON. I never turned over any of my private correspond­ very large control over those bills. He was one of the commissioners ence to him to answer while I was governor. He never wrote a line of the State to grant State aid. Here were the levee bills and rail­ for me when I was governor. There is a Senator on this :floor who road bills that all these parties were interested in. They bad come can verify what I say. My private secretary was Mr. Barton, w!Jo down upon that State like a set of harpies and fixed their talons npon testified before the committee. He was my private secretary from its vitals, and there they were fastened until they were glutted. Thet e the time I became governor of the State until I vacated the execu­ is much in this evidence that bas not seen the light tha,t I think is im­ tive chair. McConnell never occupied any position of confidence portant and would bear upon this case. I am making no reflection toward me. The only time that he ever did any work for me at whatever upon the committee. I yielded my judgment to the majority all was while I was here at the treaty session of the Senate. Ho as to a great deal of it; but I insisted upon retaining the test.imony of was then lying around here doing nothing, and being a very smart two witnesses, Chauncey Stoddard and George W. McLean, which is fellow indeed, I employed him to answer unimportant letters such now held in reserve in the committee-room. as every Senator receives from his constituents-letters that were not But the honorable Senator from Iowa, when I referred him to Mc­ of sufficient importance for me t.o answer myself. I always ma.ke it Connell, absolutely became irate that I should rely upon McConnell. a point to answer all letters addressed to me, and I would take those He considers the testimony of McConnell absolutely worthless. Who letters, and say to him, "Answer these, and say so and so." He did is McConnell f Let the honorable Senator from .Arkansas answer that some writing of that kind for me, until I found out that he was question. McConnell went from Leavenworth, in Kansas, in 1868 or utterly unreliable in every respect, and then I turned him off, aud 1869, with a letter of recommendatiou to the Senator from Arkansas after I turned him off he joined my enemies, and became the witness whose case is now under investigation, and immediately that Sen::r for these gentlemen. tor engaged him as his private secretary in his position as governor of Mr. DORSEY. Will my colleague give way to me for one moment '? that State. More than that, McConnell, from that time forth, became Mr. CL.A YTON. I will do so with great pleasure. his ad vocate for election to the Senate. He wrote newspaper articles, Mr. DORSEY. Mr. President, inasmuch as the Senator from Geor­ he edited a paper, he wrote letters, be did everything within his intel­ gia seems to attach a great deal of importance to the testimony of lectual power to advance the interests of Governor CLAYTON and to Mr. McConnell. I desire to bear witness to the character which he elect him to this body. Further than that, he was the intimate com­ maintained and sustained during his sojourn in .Arkansas. He has panion and associate of the Senator from .Arkansa~ for nearly two now left there. When he first came there, I believe be attached him­ years. Had not the Senator an opportunity to ascertain whether this self to a paper in the northwestern part of the State a.s a contributor was a man of truth and veracity f Does a man of his astuteness or local editor. and his judgment of human natur~ and his perceptions, require Mr. NORWOOD. I should like to ask whether we are going to b:tve two years to ascertain whether :tn intimate associate is a man worthy witnesses testifying around the Senate here. We had two witnesses of credit as a man of veracity' No, sir; this question of veracity on the stand yesterday who were volunteers. I should like to know never arose until McConnell became a witne::~s against t he Senator. whether the Senate consider that this is a regular proceeding. Their intimate and confidential relations are shown by the fa.ct Mr. DORSEY. I only desire to state the character that Mr. McCon­ that Senator CLAYTON entered the room of McConnell in his ab­ nell bore in the State of Arkansas. Bence, when McConnell woo unfortunately upon a drunken debauch, Mr. NORWOOD. The Senator is not on the stand in this oase at c.1l. aml there opened l\1cConucll's trnnk, with no witness except a man We are now discussing the question on the testimony here submitted.. 192 CONGRESSIONAL RECORD. MARCH 25,

The VICE-PRESIDENT. The Senator from Arkansas is entitled are some things in the te~tiruony that I have seen which would lead to the floor. me to the conclusion that there had been action on t.he part of the Mr. DORSEY. I think the reputation that l\fr. McConnell sus­ Senator from .Al·kansas that I would not be willing to indorse, and tained i.u Pennsylvania, according to the statement of the Senator yet I am not prepared to say that, upon the whole testimony, I would from Pennsylvania, [l\fr. CAMERON,] he successfully maintained in be willir.g to condemn the action of the Senator. At. any rate, I nm Arkansas. To my personal knowledge, and from the general reputa­ not in a position to-day, from the hasty examination I have been able tion of the man in the State, he is known and has been known as a to give this subject, to vote upon the resolution, and, therefore, when professional libeler, a wanton and vile slanrlerer; one of those kind ruy name is called, I shall make no ariswer. of men who not only get drunk, but lie in the gutter and sleep in a Mr. McCREERY. I am paired with the Senator from Pennsylvania station-house. That has been Mr. McConnell's reputation, and I be­ [:Mr. CA1\IERO:N] on this matter. I

EX-SE:NATOR PATTERSON, OF 1'o.TEW IIAl\IPSHIRE. Why this resolution, then f Clearly, as it seems, to give to this re­ Mr. ANTHONY. I now move to take up the resolution which I ply the impress of au official senatorial approval, to convey the im­ offered the other day, and which was laid upon the table, in the case pression that the committee possibly erred. Sir, I protest against • of Mr. Patterson, of New Hampshire. · such a usage, at the outset, a-s an innovation whose only intendment The motion was agreed to ; and the Senate proceeded to consider must be mischievous in its practice, and whose only object must be to the following resolution submitted by Mr. ANTHONY on the 14th in­ weaken, if not destroy, all senatorial investigations. Better a thou­ stant: sand times let us discuss the report. All investiga.tions of this character Whereas at the last session of the Senate a resolution was reported, from the impose painful duties that every Senator would gladly shun. You select committee on evidence affecting cert.ain members of the Senate, "That have the evidence of this fact by the earnest effort made by two mem­ James W. Patterson be, and he is hereby, expelled from his seat as a member of bers of this committee to avoid service thereon. The whole commit­ the Senate;" and wberoa{3 it was manifestly impossible to consider this resolution tee would gladly have been excused. In obedience to your order they at that session without serious detriment to the public business; and whereas it is very questionable if it be comperent for the Senate to consider the same after Mr. made this investigation, and as a. result of t.heir labors made a unan­ Patterson bas ceased to be a member of the body : Therefore, imous report. No member of that committee sought discussion or Resolved, That the failure of the Senate to take the resolution int.o consideration action upon that report in the few days of the session that remained is not to be interpreted as evidence of the approval or disapproval of the same. after it waa made, unless Mr. Patterson desired it. '!'hey were pre­ Resolved further, That Mr. Patterson have leave to make a statement, which shall be entered upon the journal of the Senate and published in the CmWRES· pared to defend it then, and are prepared to defend it now. Nor have SIONAL RECORD. that committee any objection that Mr. Patterson should publish any reply to that report he desires. No member of the committee has any­ Mr. ANTHONY. I wish to amend the last resolution by striking thing but kind feelings and sympathy for Mr. Patterson. The commit- out the words "entered upon the journal." The·re is nothing in -tee had no disposition to utter one word of what that report contained. the journal that relates to this subject, and it would be manifestly They did not desire or shrink ti·om a discussion of it during the last improper to put upon the journal the explanation of a charge which Congress nor do they during this. They were and are content to leave has not been put upon it. that to Mr. Patterson. If the Senator proposes to take any official ac­ The VICE-PRESIDENT. The resolution will be so modified, and tion on that report, to express any opinion on the cone) usions reached the resolution, as modifie.d, will be read. by the committee, then I insist it should be done in the only legiti­ The chief clerk read the second resolution, as modified, as fol­ mate way known to parliamentary law, namely, a full discussion of lows: the report. And resolved jurfll.er, That Mr. Patterson have leave to make a statement, Mr. Patterson may publish any reply he pleases to that report. I which shall be published in the CONGRESSIONAL RECORD. deny the power of the Senate to make that private paper an official 1\Ir. BOREMAN. I do not really see any propriety in the second one by incorporating it in the official proceedings of the Senate. resolution. Neither the committee nor the Senate have had an opportunity to ex­ Mr. ANTHONY. I think the word" file" suggested by the Senator amine the teply which Mr. Patterson might publish were this resolu­ from Wisconsin [Mr. C~E:r-.""TER] is better than" make." I will say tion to pass. I protest earnestly against the resolution as proposEYl. "file a statement." To "make a statement" would imply that it Mr. ANTHONY. Mr. President, the Senator from Kentucky cer­ might be made before the Senate. tainly does not understand me, in offering this resolution, as intending The VICE-PRESIDENT. The resolution will be so modified. to impugn in any respect the motives or the finding of the committee. Mr. BORE.M.A.N. Mr. P~tterson is a private citizen. Anything that · Mr. STEVENSON. I did not understand the Senator from Rhode he may say ought not to go into this semi-o.fficial paper, it seems to Isla-:1d as intending it, but I must say to that Senator that as Mr. me. If 1\!r. Patterson sends a petition here, then of course, if it is Patterson has the unquestioned right to publish any reply in answer read, it _can go into the RECORD ; but to let him after we adjourn pub­ to the report of the committee which he may desire, by way of lish a paper and put in it whatever he may plea.se, and then insert it refutation of its conclusions of law or fact, I can see no other ob­ in this record of onr proceedings, it seems to me is highly improper. ject in this resolution than au indirect approval of that reply. Mr. I cannot consent to it, for one. Patterson has already done that whicb your resolution proposes to Mr. STEVENSON. It is well known that I asked the Senate to empower him to do. He possessed that right without any action excuse me from serving on the committee which made the report in of the Senate. I utterly protest against any expression of opinion, Mr. Patterson's case. It was a very painful duty to the committee to directly or indirectly, by the Senate as to the report or reply of pass upon charges affecting the character of any Senator. It may not Mr. Patterson, unless the whole subject is discussed. I wonld do Mr. have been very ably performed; it was at least conscientiously done; Patterson any favor. I would be t.he last Senator in the chamber to and I have the satisfa{ltion of knowing that the report was a unani­ refuse him any courtesy; but let it be done in order and under the mous one. I can have no personal feeling in this matter, but it occurs sanction of parliamentary usage. to me that the proposed action is a bad precedent; it is the inaugura­ 1\lr, ANTHONY. The object is this: Mr. Patterson, standing in his tion of a practice which must be mischievous when carried out. Mr. place on the closing day of the last session, asked, and I think he Patterson is no longer a mem her of the Senate. He has the undoubted said if he had the right to use the word he would demand, the con.: right to make any statement he plea-ses, reviewing the report of the sideration of the resolution for his expulsion. It was said all over committee in his case. He has already published the pamphlet [ex­ the Senate that it was impossible to cousider the question at that hibiting adocument] which I hold in my hand, in reply to the report time; even if the whole of the remainder of the l:lession could have of the committee. It is a respectful paper, and I do not object. Why, been devoted to it, it would not have sufficed to give it a fair and then, this resolution f If the action proposed by the Senator from proper consideration, and it could not be taken up at all except at the Rhode Island in his resolution means anything, it is designed to give sacrifice of aU of the public business remaining undisposed of, which the imp1·imatur of the Senate to this private paUlphlet. It is a docu­ included some of the most important business of the session. Then ment which the committee_have never seen until to-day. No copy it was said in various parts of the chamber that, if 1\lr. Patterson has been furnished to them. It is a pamphlet which, from a cur­ would waive his right to be heard at that time, at the special session sory inspection of it, seems to be inaccurate in one or two of its of the Senate, to be held after the 4th of March, the subject should statements of fact. Is it not an entire innovation upon the pa-st pa-ss under the consideration of the Senate, and the Senate should history and usages of the Senate of t-he United States to give its record its judgment upon it. That w:.s said by Senator after Senator, consent to the publication by a private individual, no longer con­ and no one objected to it; no objection was made in my hearing, cer­ nected with this body, in the official paper of the Senate of a printed tainly. reply to an official report of a committee of the Senate, and that, 1\!r. STEVENSON. Was not that in regard to the discussion of the too, without allowing the committee to see what such a paper con­ report itselH tains! 1\!r. Patterson has the undoubted right to reply to the re­ 1\Ir. ANTHONY. Well, the resolution is the substance of the report. port of the committee which passed upon his case, as he had to call I see as much as any Senator can see it, the difficulty of considering up that report for discussion and action before leaving the Senate. a question that relates to a man who has been a member of this body Not a member of that committee of investigation questions the right and is no longer a member; because if you can take up a resolution of Mr. Patterson to publish any criticism of their conclusions in his of this kind for the purpose of exculpating a Senator, you can of case. No resolution of the Senate is required to confer on him such course for the purpose of inculpating him. One follows the other. a right. But has the Senate any right to indorse such a paper witlli And if you can do it the day a.fter a man has ceased to be a mem­ out discussing the report f For one I protest against it. Such a prac­ ber of the body, you can do it after any lapse of time as long as tice must weaken and ultimately tend to destroy the moral effect the man shall live, and there would be no end of the jurisdiction of of all investigation. No Senator should ever consent to serve upon the Senate. Nor, inasmuch as there is no record in the journal of any committee of investigation if the Senate, after a report has been the resolution, can we take this question up for the purpose of cor­ made, which has neither been acted upon nor discussed-during recting the record, as has been sometimes done ; in one instance a another Congress, and when the Senator whose official conduct was record was expunged. At the same time there is something, I think, passed upon had cea-sed to be a Senator-shall, by a resolution of due to a man who has been a member of this body, who has been that new Congress, be allowed to prepare any reply which he may charged with the gravest possible crime, affecting more than his life­ think proper to make to that report, and without submitting it to the affecting his honor, affecting the name that he leaves to his children. commit.tee, and without any knowledge of its contents by the Senate. Something is due to him, especially when he has waived his right to publish it in the official paper of the Senate and as a part of its pro­ be heard, upon the unanimous assurance of the Senate that at the then ceedings. Who doubts that 1\fr. Patterson has a right to publish any­ coming session the matter should be considered. thing that he pleas~s, and to cast it broadcast over this land T Who I do not know in what way it ought to bo done. I see all the diffi­ questions his right to send his response pari paasz~ with the report it­ culties that the Senator from Kentucky raises; but, at t.he same time, self before the conntryf I think that something is due not only to a gentleman who llas been 13 194 CONGRESSIONAL RECORD. MARCH 25,

a Senator, but to the promise that the Se.nate at the last session made he and I think we have no right to do. I do not think we have any\ to him. .If any other proper way can be devised, I am quite content more right to discuss that resolution to expel the late Senator from • to accept it; but I certainly think, after what was sa.id upon all sides New Hampshire than we have to discuss a resolution to expel the of the chamber without a dissenting voice, that in some way or other remotest of his predecessors who is now living. We unanimously he bas a right to have a hearing. And I say this: I am sure the Sen­ agreed to do-there was not a dissenting voice-what it appears upon ator from Kentucky will not misunderstand me as impugning in any reflection we have no right to do. What are we to do now T Is he way the report of the committee, because I know that the report to be dismissed without a hearing T which the committee made was the most painful duty that the Sena­ Mr. STEVENSON. He has already been heard. tors upon it ever discharged; nor have I any doubt that they dis­ Mr. ANTHONY. How J charged it in the most conscientious manner. Mr. STEVENSON. He has already published his printed reply to 1\Ir. STEVENSON. May I ask the honorable Senator from Rhode the report, in a pamphlet of forty-five pages, and scattered it broad­ Island whether Mr. Patterson has not already published a pamphlet cast, I presume, though I do not know it. I see a copy before me. I of forty-five pages criticising and replying to this report of the com­ do not object to that. mitteoT Mr. ANTHONY. I think that is not so. I think this pamphlet he Mr. ANTHONY. Mr. Patterson gave me the pamphlet which he in­ prepared with the intention of placing it before the Senate, and after tended to place before the Senate to put in the CONGRESSIONAL RECORD, being placed before the Senate to put it in the hands of Senators. I as his reply, in case permission wa-s given him to do so. Manifestly do not think there was any impropriety in that. There are two pas­ he must have prepared that in advance, because the resolution does sages, as I said, that have been pointed out to me in the pamphlet that not come up until now as the session is about to close. I have not read I think are in bad ta{)te and are somewhat a re:flection upon the com­ this pamphlet, although two passages have been pointed out to me mittee. which I should certainly have advised 1\ir. Patterson, if he had con­ Mr. STEVENSON. Does the Senator from Rhode Island think that sulted me, to leave out; and there may be others. it is proper for the Senate to give its indorsement to a printed pam­ Mr. STEVENSON. Now, Mr. President, OUt} single word and I am phlet that neither the Senate nor the committee have had any oppor­ done. I never understood that any proposition was ever submitted t.unity to see or examine, and publish it officially among our proceed­ to the Senate such as is couched in the resolutions proposed by the hon­ ings Y I am sure every member of the committee will agree that this orable Senator from Rhode Island. I did understand that Mr. Patter­ reply of Mr. Patterson contains one or two inaccuracies-! will not son asked that the Senate should take up t.his report and consider it. say intentional misstatements of the fact, but which are, neverthe­ I neither consented nor did I object. I considered then what I con­ less, inaccuracies of fact. sidet' now, that the Senate would have no jurisdiction to act on the Mr. ANTHONY. Mt. President, does the Senator from Kentucky report after the expiration of the Congress and after Mr. Patterson mean to oay that he indorses everything in the Congressional Globe f had gone out of the Senate. I had no objection to a consideration of Heaven help me if I thought I had to do that I Do we indorse a thing the report at that time, if 1\fr. Patterson and his friends had desired, by allowing him to make a statement in the Globe or the CoNGRES­ or at any future time. I did not believe then nor do I now believe that SIONAL R~CORD f the Senate possess any jurisdiction t.o act on this report now. They Mr. STEVENSON. What is the object of the Senator's resolution t may discuss it. aud I do not object to it. If the Senator will propose Mr. Patterson bas a right to publish everything be pleases. He has a consideration of the report, now or hereafter, I will not object. I a right to controvert this I'eport, and he has already done so in his was ready to defend that report when it was presented; I am ready printed pamphlet. Now, why should the Henate, without discussion, now, and I have been ready from the moment it was agreed upon. If give it a quasi official indorsement? I deny the power of the Senate Mr. Patterson can satisfactorily explain it or show the conclusions of to do it. Let us do either one thing or the other. Let both sides be the committee are erroneous, no heart in this chamber would rejoice beard on the report, let the world know what the report contains, more sincerely than my own. and let the committee in support of the report state its conclusions 1\fr. ANTHONY. Will the Senator allow me to a-sk him a question of law and its conclusions of fact, and then let the friends of 1\Ir. for information Y I certainly do it in the most candid spirit. What Patterson disprove them in fair and free debate. Either do that or did the Senator from Kentucky understand Mr. Patterson to ask and permit .Mr. Patterson's reply to be circulated with the report of the the Senate to agree to do J committee, which bas not been published in the Globe. Mr. STEVENSON. To take up the report of the committee and 1tlr. ANTHONY. Does the Senator from Kentucky mean to say that discuss its propositions of law and fact, and then if possible to have we give a quasi indorsement to a statement which it is perfectly well a vote on the resolution accompanying it. That is precisely what I known we have not read when we authorize it to be published f I understood, and that is what I think a reference to the Congressional see no indorsement in that, whatever. Globe will show was all that Mr. Patterson asked or desired. I have 1\Ir. SCOTT. Mr. President, I feel impelled as a member of this not looked at the Globe, but I think an examination will show that committee to say a few words about this resolution. what I have stated was all that Mr. Patterson intimated as desired There is no doubt, as the Senator from Rhode Island has said, that by him. If I had believed that Mr. Patterson would have asked us we have no power to take up and consider and pass or reject the res­ to publish by the authority of the Senate any reply which be might olution which wa-s reported by the committee. The person to whom prepare to that report, I should have instantly risen in my place at it relates has passed beyond our jurisdiction. But recalling what that time and distinctly opposed it as beyond the power of the Sen­ occurred upon one of the closing evenings of the session, we all re­ ate and wholly unwarranted by any usage known to parliamentary member that if the Senator from New Hampshire had retained the law. Yet I would willingly and cheerfully yield to Mr. Patterson, :floor when he had it in his possession upon a question of privilege, either at that time or now, a .full discussion of the report and testi­ he would undoubtedly have made a statement very similar to that mony on which it was fonnded. which is now placed before us as his intended statement to be filed. Mr. ANTHONY. The Senator from Kentucky is a lawyer and a par­ If he had made it at that time, I suppose that neither the Senator liamentarian. Does he think that we have jurisdiction-that we can from Kentucky nor any other member of the committee would have take up that resolution and discuss it now 7 felt justified in taking up the time of the Senate at that juncture in Mr. STEVENSON. I do not say you have jurisdiction to act on the replying to that statement. I concurred in the report of the com­ report, but I say you have as much jurisdiction to take it up and mittee with him. I feel from a casual glance at this answer, or, as it discuss it-I think a great deal more-as you have to give official is called, " Observations on the report of the committee," that the authority to Mr. Patterson in his present private individual capacity report of the committee and these "observations" may well stand to­ to publish his reply, and publish it as a part of your proceedings, in gether before a discriminating public. There are statements in these the official register, without submitting it to the Senate and without "observations" which, as the Senator from Rhode Island observes, any knowledge by the committee what it is to contain. are in bad taste. !think I marked them myself when they weresub­ Mr. ANTHONY. Did we not agree to do that 7 mitted to me a few moments ago. There is certainly one misstate­ Mr. STEVENSON. Never. No, Mr. President, I repeat, never. ment of fact which I cannot permit to pass without calling attention My friend on my left [Mr. THURMAN] is looking now over the Globe, to it. which is the highest authority as to what did occur and is the best One of the strong features of the report was based upon what the proof of what wa-s agreed on. I confidently vouch that record to sus­ committee deemed a withholding of afuct,and then in the possession tain my remembrance as to what Mr. Patterson on that occasion asked, .of 1\fr. Patterson. Certain obscure words in his statement are now and what was agreed upon. My recollection is that Mr. Patterson relied upon as intended to convey to the committee the information rose and said that he regretted greatly that the report in his case could which be then had, and they doubtless were intelligible to him, but not have been earlier considered; he desired it to be taken up then; he they only became intelligible to the committee when it was startled asked that it might be fully discussed at that time. The Senator by the revelation of what they actually meant. There is a misstate­ from Wisconsin, [Mr. CARPENTER,] I think, or some other Senator, ment as to that in these "observations." said it was evident that the want of time would prevent a considera­ But now, 1\Ir. President, comes the question, shall we deny to this tion and discussion of the report, but it might be discussed here­ man the opportunity of placing his statement in the RECORD Y That after, although no action could be had by a new Congress. Mr. Pat­ is all there is of it. I find that it comes in the nature of a petition. terson R"aid he would not yield his right to have the report taken up He says: and discussed then, unless he could have some assurance that it should The Senate cannot refuse to any citizen of the United States the privile"'e of be discussed at the extra session of the new and approaching Con­ memorializing them in reference to proposed action of the Senate prejudicial t; his gress. To this there seemed to be a silent acquiescence, after some interests or w his reputation. They cannot do less in favor of one of their L'l.te remarks from one or two Senators. colleagues, a retiring Senator. Mr. ANTHONY. My recollection does not differ materially from Now, sir, if this petition were read in the Senate, there are doubtless that of the Senator from Kentucky. We agreed to do a thing which several passages in it which would not be perhaps deemed altogether - ~'

1873. CONGRESSIONAL RECORD. 195 t. respectful to a committee ofthe.body, but I let that pass. As I have proceed t.o the collSideration of the report, and give it a thorough and careful ex­ already said, I am content that the facts reported by the committee, amination. Mr. PATTERSON. Mr. President, I should be very glad indeed if there were with their report, shall be taken and scanned, together with these time to enter int-o a. full discue-sion of this question. AU I want is a full and fair "observations," and let the public form their jud?ment. hearing of this whole question before the Senate. I know there is a pressure at . I do not agree to another statement in these ' observations," that this time of the public business. If I could be assured that the subject could be brought up and fully discussed in the executive ses!lion, I would not press the the remark of the Senator from Maine, the chairman of the committee, matter at this time. I shall not be here-then. This resolution will not be legiti­ [Mr. MoRRILL,] saying that the committee did not deem themselves mately before that Congress. If there is any way in which it can be brought up prosecutors, was to be taken as evidence that they thought perhaps then, which the Senator can devise, I should acquiesce in his su~r~restion. they had committed a mistake in making the report. From such a Mr. HAMLIN. It may be true that after the 4th of March there would be no legal obligation imposed upon. the Senate which would compel them to consider remark as that I must most emphatically dissent. I do not know and to express a opinion upon this subject; but I feel confident that from the whether the chairman of the committee intended it as evidence on peculiar conditio in which the Senate is now placed, the pressure of great public his part of such a state of mind or not, but I think not. He may questions upon it, and the period of time being so short, aa the Senator from WU,­ deny for himself on that subject. consin has sn.id, it would be utterly impossible to discuss this question in a man­ ner due both to the committee which reported and to the Senator and to the Senate But, sir, still the question comes back. Here was -a. Senator, an itself. I feel very confident that there is that higher obligation, that sense of jna­ associate for six years, a man upon whom we all looked as one of tice in the bosom of every Senator which would insure an expression of opinion pure life and spotless reputation, who, tracing him from the beginning on this subject, and if upon a careful consideration the Senate should come t.o the of this unfortunate transaction down to its close, simply exhibited conclusion that snob a resolution as the committee have reported ought not to pass, they would say so. It could not operate as it would if it were to pass now, but we what many other men have also exhibited in their lives: first, a can give a candid opinion upon what we think are the merits of the caae so far as yielding to a desire for gain; secondly, when that desire involved him it relates to the Senator ; and it does seem to me that the resolution suggested "Y in what was probably not alto~ether a defensible transaction, a con­ the Senator from Wisconsin ought to be concurred in by the Senate, and I hop6 cealment; thirdly, a prevaricatiOn when called upon to explain before there will be a general a(}(}niescence in it, from which we shall understand that Senators will be Willing to give an opinion upon this subject after this session shall the public; and, lastly, saying nothing all the time of motive, a have dissolved. failure, as the committee believed, to disclose an important fact that Mr. ANTHONY. I quite a~ee with what has been said by the Senators who was known to him and one other person only, to nobody else, and have spoken. For myself, if this question was brou~ht to a vote I should have to ask to be excused from voting. I have no information on the suhject except what which was not developed in its full meaning until that other person I have seen in the newspapers. It has been utterly impossible for me to read the was called and revealed it. That is all. Here is the fatal mistake testimony or the report. The same is true, I am sure, of every other Senator here. which mars and blots a well-spent life-so marred it and so blotted We have been pressed with business during the laat fortnight aa we never were. it that this committee was brought to the painful necessiiy of bring­ before since I have been a member of this body, and there are but few here who have been here longer than myself. It is physically impossible that this subject ing in the resolution which it did bring in. Now this man comes should be investigated withill the eleven hours and a half that remain of this and he says," I petition the Senate to put my answer to this report session, a considerable portion of which belongs and a.ll of which is due to busi­ upon your record." Now, sir, as firmly convinced a-s I was of the ness of the utmost importance to the country. justice of the report, I cannot find it in my heart to deny him this I was glad to hear the Senator from Maine, wlJOse experience is so great, and whose knowledge of parliamentary law is so large, state that he thonglit that by poor privilege, if it be no infraction of the rules of the Senate. resolution or memorial, in some way, this subject could be investigated and c-ould Mr. STEVENSON. Will the Senator from Pennsylvania allow rue be brought to our consideration and discussed and decided after the 4th of March. to say that our 1·eport is not on this record Y Our report is among the That is due to the Senator who is charged ; it is due to the Senate and to tho loose documents of the Capitol. If Mr. Patterson desires to have his country ; and I am very glad to find tliat in his judgment it is practicable; bu~ whether it be or not, it is a physical impossibility to entertain this su~ject now. response published with our report, I have not the least objection. Mr. THURMAN. I think this matter may be considered after this session, Mr. SCOTT. It is a very pertinent suggestion; Jet them both go although it would be a very singular proceeding. This particular resolution must together iii the RECORD. It is a very good suggestion, and I am glad of course die with the session and the senatorial term of the gentleman who is the Senator from Kentucky has made it. I hope with that sugges­ implicated; but still I think it is not beyond our powers to consider the subject afterward. A celebrated resolution, known a.s the "expunging resolution," was tion the whole subject may be disposed of, and let the report and passed in this body, and an equally celebrated expunging resolution was passed these "observations," with what we have seen proper to say about by the Honse of Commons in England, after the subject-matter bad long been buried. them, go into the RECORD together. I think, therefore, it is not incompetent for us to consiuer the subject hereafter. Mr. STOCKTON. Mr. President, the Senate will remember-­ If the Senator from New Hampshire desires this matter to be taken up now for the purpose of addressing the Senate upon it, late as it is at night, and late as it is Mr. SCOTT. There is one other suggestion which I propose to in the session, I shall vote to take it up, in order to afford him that opportunity. make before I yield the floor. The resolutions of the Senator from If he asks to take it up with a view of having a decision upon the resolution, then Rhode Island contain one which states that the failure to act upon what bas been said is undoubtedly true ; I do not suppose there are a dozen mem­ the report shall not be considered either an approval or disapproval bers of the Senate, perhaps not half a dozen, who have read the testimony upon which they would have to vote. The consequence would, therefore, be that if of the report of the committee. Now, I submit that if that resolu­ they were compelled to vote on the resolution, they would be compelled to do as tion is left out altogether, and Mr. Patterson is permitted to file they do in other cases, vote upon the report of the committee ; they could do noth­ his statement, and the report and statement go together, we shall ing but follow their committee, and the vote would therefore be a foregone con­ clusion. That would not be jnat to the Senate; it would not be just to the Sena­ go just as far in saying what the Senate bas or has not done as if we tor, and therefore I concur with those Senators who have said there is no time to pass it. consider this subject now and vote upon it; but if the Senator from New Hamp­ Mr. ANTHONY. I am quite content with that. I merely wanted shire desires it to be taken up in order to enable him to address the Senate, I shall to carry out, so far as it was possible for us to do so, the agreement cheerfully vote for that motion. Mr. P ATTEP..SON. I do not expect to adilress the Senate at any lenJrt,h; in­ which was made with the Senator from New Hampshire before the deed, I do not care to address the Senate at all on this subject. I am willing to 4th of March. I agree that it is not within our jurisdiction to do leave the matter, with the statement which I have made an

The VICE-PRESIDENT. The Senator from Mississippi. I was not a party to any such agr:ement, and I deny the author­ Mr. ALCOR~. I simply rise to remark that I will not vote for this ity of Senators to bind me by any colloquial conversation that may resolution in the form in which it has been read to the Senate; and occur between gentlemen as to what the understanding is. 'Vben­ my reasons are briefly-- ever the Chair propounds a question to the Senate, and asks whether Mr. CONKLING. If the Senator from Mississippi will pardon me, universal consent is given, I feel that I am bound by that-the Sen­ I beg to interpose to remind the Chair that the Senator from New ate is bound by that; bnt I am not bound by any colloquy that may Jersey had the floor, and yielded it for a moment to the Senator from occur, and by agreements that are frequently made among Senators Kentucky. who agree among themselves that they will do certain things, and The VICE-PRESIDENT. The Chair was not aware of that fact. then imagine that the whole Senate is bound thereby. I dissent from The Senator from New Jersey, then, is entitled to the floor. that doctrine. Mr. STOCKTON. I do not wish to interrupt the Setfator from Mis­ Now, to state my point again, I will not vote to give to any man sjssippi, and I will not claim the floor till after he concludes. who is not responsible to this body the opportunity of writing in the :Mr. ALCORN. I am not at all inclined to press my right to the records of this body anything' he pleases. floor, for I care not to hold it; but I am very much obliged to my Mr. STOCKTON. :Mr. President, there was a very pretty little no­ fiiend from New York for the interest he takes in seeing that I do tion, I recollect very well, giving me a great deal of pleasure when I not violate the courtesies of the Senate. was a young man, and which you will all recollect, that when two) Mr. CONKLING. The Senator quite misconceives me. I ventured people opened their mouths at the same time to say the same thing, to remind the Chair, not the Senator from Mississippi, of the fact. It and discovered it, if they would make a wish the angels would grant w.._s quite right for him to address the Chair, but I ventured to re­ it. The Senator from Mississippi rose to say precisely what I have mind the Ch~ir that the Senator from New Jersey had the floor. I been trying to get a chance for the last ten minutes to say. I songllt hope the Senator from :Mississippi does not suppose I intended any the floor simply to call the attention of the Senate to the fact that discourtesy to biro. they were authorizing a pn blication, under the seal and sanction of Mr. STOCKTON. I must rise to correct a misapprehension of the the Senate, at the expense of the Government, not one word of which Senator from Mississippi. I thought T had the floor three times, be­ had they ever seen. ing a member of this committee, but the Chair did not recognize me The idea that a pamphlet had already been published by l\Ir. Pat­ until the last time, when the Chair dill. Then another member of the terson never occurred to me. I had never seen it. The first sugges­ committee behind me wished to read what occurred in the Senate tion was that of the Senator from Rhode Island. Then I found the on a former occasion, and I sat down to allow him to do so. When Senator from Pennsylvania, a member of the committee, had a pam­ he concluded, the Senator from Mississippi wa.~ recognized, though phlet in his hand, which perhaps be b(lrrowed from the Senator from I do not think he rose earlier than I did. I felt that the Chair was Rhode Island or perhaps he did not. Why were not tllese pamphlets doing me an inju tice, and I tnrned around and made a remark which sent to the Senate f Why were they not sent to the comll.littee f induced the Senator from New York to make his remark. I think the Why did not I get one T The Senator from Rhode Island admits Senator from New York is not at all to blame in the matter. tllat. there are passages in that pamphlet which he cannot indorse, The VICE-PRESIDENT. The Chair will state .to the Senator from and yet we are asked to give the seal of the Senate to it, so far, at New Jersey that be supposed that Senator bad yielded the floor. The least, as to say that we will authorize it to be published. The Sena­ Chair had no intention to do him wrong. tor from Rhode Island may have said, when he rose, that be saw Mr. ALCORN. As I am afraid, Mr. President, that while we are that difficulty, but I did not hear it. I have no doubt he said it, as discussing the question of courtesy some other person will obtain the he suggested a moment ago. floor, I will say what I intended to say; it was only a word. l\Ir. ANTHONY. ·I did in the beginning. I will not vote for this resolution, for the reason that it gives Mr. Mr. STOCKTON. !have no doubt of it. The difficulty is a very Patterson, who is not a member of this body, and wllo is not respon­ grave one, and it would likely occur to a gentleman of his ·experi­ sible to this body, a cm·te blanche to write for publication in the CoN­ ence. GRESSIONAL RECORD just what he sees propertowrite. He may place When I was appointed upon this committee, I asked to be excused, this pamphlet there; be may place any other document there or any and I made some remarks. Without repeating any of them, the one other writing that he chooses. I would accord to a Senator the oppor­ great point that I made to tlle Senate was, that there was not time tunity of writing a report and placing it in the RECORD; and whyT to examine the case; that the Senate would not examine it even if Because he is responsible to the Senate. The Senate can hold him we made a report. I urged the Senate not to go into the investiga­ responsible for what he might write. But Mr. Patterson is not a tion, on the ground that there was not time, and they would not member of this body. I have no iuea that" be woul(l abuse the privi­ make the examination. I also rose to say precisely what the Senator lege, but he might abuse it if he chose to do so; he might write that from Mississippi has said on another point, which is, that whether which would be djscourteous to the Senate, that which would be dis­ we could examine it or not at this session was not a question of courteous to the committee, and reflect upon tlle committee. I re­ agreement at all; and when I ro&e to attempt to interrupt the Sen­ peat, I have no idea that he would do so, but I will not, by my vote, ator from Rhode Island, it was to call his attention to that point. open the opportunity to anybody to do that; and before I would vote There was no such agreement whatever, accordinl? to my ur..derstand­ for his reply to the committee being placed in the CoNGRESSIONAL ing. The Senator from New Hampshire rose ana asked that there­ RECORD I would either have to know its contents, from having read port of the committee be taken up. He was given permission to it, or be informed of tllose contents from some person wllo indorsed speak. He said he had nothing to say; did not care whether he spoke it or was acquainted with it. Now, if the Senator from Rhode Island at all, but that lle wanted the matter discussed; that· he would like will rise in his place and present the pamphlet as a publication which to have it taken up. Then two Senators only, I think, the· Senator be desires to go upon the record, indorsing it as not discourteous to from Ohio [Mr. THL'R111AN] and the Senator from Maine, [Mr. llil\r­ the Senate, but as a document proper to IJe placed in the RECOim, I u:~,] and possibly some other Senator, suggested that it might be will vote for that. taken up at some other time after he bad gone out. It was then said - Mr. ANTHONY. I cannot indorse a pamphlet I have not read. I that this resolution could not be taken up at any other time, when he offered this resolution ten days ago. I had not seen this pamphlet at was out and we were in another session, but that some resolution that time, and I have not read it now. could be introduced which would bring up the case; and that is just Mr. ALCORN. I understand that, and I simply say that for the as true now as it was then, some resolution can be brought up, and very reason that the honorable Senator cannot indorse this pamphlet therefore I shall move, if this document is to be printed with the re­ and ba.s not read it. I have not read it. I know.no person who has port of the committee in the CONGRESSIONAL RECORD, that it be first 1·ead it. I will not vote to admit it. read before the Senate, that we may see whether it is a proper docu­ Mr. ANTHONY. But certainly the Senator from Mississippi does ment to be printed; and if Mr. Patterson and his friends desire the not understand that by authorizing the publication of a statement, examination to which they are entitled, I shall ask that such a reso­ under a man's signature, in the CoNGRESSIONAL RECOPJ>, we theraby lution be introduced as will cause that question to be discussed, for, indorse what he says. although a verdict may not be given, although expulsion may not b~ Mr. ALCORN. By no means; I make no such point; but I do un­ a proper remedy at the present time, if we can do nothing else, we can derstand that when the Senate, by resolution, authorize :Mr. Patter­ invite Mr. Patterson to the bar of the Senate and ask him to make his son or anv other man to make a statement in tlle CoNGRES IONAL statement. RECORD, it is with him to make just such a statement as he chooses It is unnecessary for me to rep~at what other Senators have said, how to make, and that statement may be uisrespectful to the committee, painful this duty was, how we tried to avoid it, how it was said at the a reflection upon the committee, and disrespectful to the Senate it­ time that if we avoided it every member of the Senate would avoid it; self, and the Senate has no means of righting itself. I propose to how every member of this body shrank from the duty; but after llav­ give no such privilege. I propose to allow no person to write up the ing performed the duty, resulting in the unanimous report of every minutes of the court unless the comt itself inspects the minutes. member of the committee, painfully and conscientiously made, :;~>nd Mr. ANTHONY. I appreciate that difficulty, and I stated it in the havirig that report lyin,.. on your table, I am not ·willing by any reso­ beginning; but I think the Senators who find insuperable objections lution that can be introduced to declare that the thing does not stand to the resolution which I propose are bound to show in what other in precisely the position in which the law places it. It stands with way we may carry out the a~reement which the Senator from Kentucky the report of the committee, charging that he llas been found guilty read from the Globe; and if it can be done in any other way better of grave offenses, and that he sllould be expellell for them. Can a than this, it will be equally agreeable to me. resolution, which is offered now, saying that it shall not be considereu; Mr. ALCORN. So far as the agreement is concerned, I trust I that this report, not being actecl upon, shall conclude his case, or that shall not be wanting in endeavors to extend to Mr. Patterson what. it shall not be considered; that it weighs against him, or t.bat it does ever opportunity there may be to place himself upon the record; but not weigh against him, have 3ny operation f If not, why offer itf 1873. CONGRESSIONAL RECORD. 197

If it does have operation, is it for the Senate, without bearing tlJe Now, sir, if we are to have no action on the subject, if we are never report read, and without one worG of testimony, to co.ndemn the a-ction to come to a vote on the subject, if we are simply to do what this one of their own unwilling commltteef resolution left here seems to contemplate-that is, to spreau his de­ 1\IL'. ANTHONY. I accepted the amendment to strike out that part fense upon the official record of debates-if that is all we are to of the resolution which seemed to be exceptionable. _ do, the regular way to do that is for him to present his memorial set­ Mr. THURMA.l~. ~1r. President, if I can have the good fortune to ting forth his defense, and praying that it may be spread upon om· have the attention of the Senate I flatter myself that I can relieve it records. If be were to take that course, and regularly petition the a little of this muddle in which we have got in this matter. Senate, setting forth his defense, and praying (which would be a suffi­ In tbe first place I have to observe that thi resolution, if passed in cient prayer to entitle him to present it to the Senate) that it be the form in which it now stands, can do nothing but harm to .Mr. spread upon the journal of the Senate or published in the official Patterson; at least the first resolution. Let ns see, sir, what it is. debates of the Senate, then we could have the memorial read, and if There is a preamble: there were no injustice in it, if there was no improper language in it, Whereas at t.belast session of the Senate a resolution was reported from these­ if it was a respectful memorial, we would imdoubtedly grant his re­ lect committee on evidence affecting certain memuers of the Senate, " That James quest, spread it upon the journal, or have it published in t.beofficialde­ W. Patterson be, an-i he is hereby, expelled from his seat as a member of the Sen· bates. And we would not say that it shall not be published in the ate;" and whereas it was manifestly impossible to consider this resolution at that session, without serious detriment to the]>nblio business; a.nd whereas it is vPry debates or shall not be spread upon the journal because there may bo questionable if it be competent for the Senate to consiuer the same after .Mr. Pat· statements in it controverting the statements or conclusions made by terson has ceased to be a member of the body : Therefore- our committee, so that he controverted them in respectful language. Now I ask the attention of the Senate to this resolution- We would do nothing of that kind at all. But when that memorial was Resolved, That the failure of the Senate to take the resolution into consideration tlms presented in the regular way, it would be just as if Mr. Patterson is not to be interpreted as evidence of the approval or disapproval of the same. bad risen in his seat here and made his speech in his defense, and Now, Mr. President, by no possibility could the failure of the Sen­ then members of the committee would have a right to reply. So, ate to take the resolution into consideration be construed into an whenever he presents his memorial to the Senate containing his de­ approval of it. . fense, and asking that it may be spread upon the journals of the Sen­ 1\Ir. ANTHONY. Will the Senator allow me to interrupt him for ate or .may be published in the official debates, the members of the one moment f committee can reply to that defense of his, if they find anything in it Mr. THURMAN. I should rather the Senator would not. I do not that merits a reply. But to say, as this resolution proposes, that he want to speak long. may. in the dark, in vacation, without the Senate ever having seen The VlCE-PRESIDENT. The Senator declines to yield. or beard what be proposes to put on the-files of tl:Je Senate, file his Mr. THURMAN. I know the Senator offers to take that out. paper and it shall go into the official debates of the Senate, seems to Mr. ANTHO.NY. I have taken it ont. me to be a proposition wholly inadmissible. The right way for 1\ir. Mr. THURMAN. Then that removes that difficulty, for certainly Patterson to do is to hand in his memorial containing his defense, if there would be any implication at all from the Senate not having and praying eit.ber that it may be spread upon the journal or pub­ taken up the resolution. of the committee, it would be that the Sen­ lished in the official debates, or, if he saw fit to do it, that it may ate did not think it worth while to take it np-that the Senate did receive the consideration of the Senate. not approve it. That could be the only possible implication. There Mr. SHERMAN. Mr. President-- certainly could be no implication that the Senate approved the reso­ Mr. MORTON. I ask the Senator if he will not yield for an execu­ lution from its failure to take it np, and, therefore, the first resolution tive session f of the Senator was only doing harm to Mr. Patterson. 1\fr. SHERMAN. I will yield in about two minutes, but not now. Now we come to the second resolution : It does seem to me that the Senate of tho United States for the last That Mr. Patterson have leave to :file' a. statement, which shall be published in hour bas been engaged in a. very useless undertaking, to say the least; the CONGRESSIONAL RECORD. I might nse a stronger word than that. Here is a man who has been I understand that is to be amended by adding some such words as a member of this body for six years, who bas been arraigned by a these," together with the report of the committee," so as to put them committee of this body; justly or nnjust.ly is a mat-ter of no account. both in the CON"GRESSIO:--ht of the session. Let me recall for a citizen of the United States of America. It is a right that ought not woment what then took piace. Mr. Patterson rose in his seat and to be denied to him. I shall read it, so that it may go in the CoN­ moved the Senate to take up the resolution reported by the commit­ GRESSIONAL RECORD; not that I know what is in it; I do not know tee. The Senator from Wisconsin objected to taking it np, for the what is in it; I do not know how it answers the report of the com­ very plain and obvious reason which he stat.ed, that there was no mittee; but I will give him an opportunity to make that answer in time to consider it anu determine w.hether it siJould be passed or not. any form be chooses, and it ought to be published in the CoNGRES­ But after statiug that, t.he·Senator from Wisconsin went on further SIO~AL RECORD or with the report of the committee. It cannot be to say that, in his judgment, although the resolut.Jon would fall with published with that document, because tbat bas been already printed the end of the session and the end of Mr. Patter on's senatorial and spread to the world. I have copies of it and aU of us have term, the subject it elf could be considered afterward. The Senator copies of it, and have distributed them as a matter of public informa­ from ::hia.iue [1\lr. Hal\ILIN] concurred in that. I also made a few tion. remarks in which I concurred in it, and I say still that that is true. Mr. STOCKTON. I will say to the Senator from Ohio that I stated Although that resolution is not now before the Senate, I am not will­ a moment ago tha.t I bad no copy of it whatever, and never knew ing at a.ll t-o admit that if a report of a committee bas been made that there was such a document. is in the highest degree prejudicial to a member of this body, the bare Mr. SCOIT. The Senator from Ohio means the report of the com-· 'fact that that member's term expires will deprive the Senate of the mit tee. power to do him justice. Why, sir, suppose that every member of this Mr. STOCKTON. I beg pardon. Senate and the members of this committee disapproved of that report, Mr. SHERMAN. It is manifest that we cannot get through with and thought that it was unjust., and thought .Mr. Patterson an inno­ t.bis matter to-night; bnt I say this pamphlet ought to be pui.>lislJed. cent man, is it possible that onr bands are so tied tbat the moment I will look over it. I would not read anything that was disrespectful be ceases to be a Senator we cannot do lJim justice and vindicate his to the committee, because tbo committee did a painful duty. I have character f Snppo e, sir, testimony had been discovered since this re­ read a few passages in this pamphlet., and I see nothing in it dis­ port was made which would wholly acquit him, is it possible that wo respectful to the committee, not even warm criticism. I road some must put upon our records that he is a guilty man, and we cannot wipe passages marked by my honorable friend from Kentucky, [1\Ir. STRVEX­ ·ont that stigma upon his character f No, sir; as I said, the sn.bject SO)l",] or some Senator who was a member of the committee. I am sure can be brought before the 8enate in either one of two ways: Any the language was scarcely sharp. It was language that any ma.n de­ member of tile Senate can move a resolntioo that will bring it before fending himself wonltl naturally nse; but there was certain)y nothing the Senate, or Mr. Patterson can present his memorial here, and he that the committee could complain of. 'may ask that it may be considerec.l, and upon. that memorial, in which Now I will yiel

l\Ir. MORTON. I move that the Senate proceed to the considera­ After forty-five minutes spent in executive session, the doors were tion of executive business. re-opened. Mr. CONKLING. I ask the Senator from Indiana to withhold that ABSENCE OF THE VICE-PRESIDENT. mot ion for one moment, that I may make a remark to the Senate. Mr. SHERMAN. I do not wish to yield the floor on this question. The VICE-PRESIDENT. The Chair desires to announce to the 1\fr. CONKLING. I wish to call attention to another matter en­ Senate that after to-day the chair will be vacated, and will not be tirely. occupied by the Vice-President, so as to enable the Senate, according Mr. MORTON. I withdraw my motion. to its usage, to choose a President pro tempore. COMMITTEE ON THE REVISION OF THE LAWS. HOUR OF MEETING. 1\Ir. CONKLING. Mr. President, I called the attention of the Sen­ On motion of 1\Ir. CARPENTER, it was ate the other ~ay to the fact that a statute had charged the Commit­ Ordered, That when the Senate adjourn to-day, it be to meet to-morrow at twelve tees of the two Houses on the Revision of the Laws with a. duty to o'clock. , do in vacation, and I moved that the committee have leave to sit, Mr. FRELINGHUYSEN. I move that the Senate do now adjourn. which resolution was promptly adopted by the Senate. Since that The motion was agreed to; and (at five o'clock and_thirty-six min­ time my attention has been called by one of the members of Congress, utes p.m.) the Senate adjourned. although not a Senator concerned, to the fact that it may be conven­ ient, and economical of time and money too, if there be any expense connected with it, that the committee should meet in New York, or in some place nearer the homes of those who are to do this work, IN THE SENATE. than to come all the way to Washington; and upon reflection it occurs to me that it may be true that under the resolution to sit, we WEDNESDAY, March 26,1873. should be compelled to sit here, and might not have leave to sit else­ The Senate met at twelve o'clock m. where. Therefore, to supply any possible defect that there may be Prayer by Rev. J. P. NEWMAN, D. D. in the authority of the committee to execute the order, I ask the Senate to adopt the following resolution: ELECTION OF PRESIDENT PRO TEMPORE. The Secretary (Hon. GEORGE C. GoRHAM) called the Senate to order, .Resolved, That the Committee on the Revision of the Laws be authorized to hold its sessions in Washington or elsewhere, and that tbe actnal expenses of its mem­ and said: bers be paid from the contingent fund of the Senate, upon vouchers approved by The Vice-President yesterday notified the Senate that he would not the chairn: an of said committee. occupy the chair during the remainder of the session. There being no objection, the Senate proceeded to consider the reso­ Mr. MORTON. Mr. Secretary, I offer the following resolution, and lution. ask for its present consideration : 1\Ir. CONKLING. That, I will say to Senators who may suppose Resolved, That, in the absence of the Vice-President, Ron. MA'IT. H. CARPENTER, a Senator from the State of Wisconsin, be, and he is hereby, chosen President of that it sets some example or precedent about other cases, is merely in the ~enate pro tempore. deference-to a statute passed at the last session, which requires the committee, for example on the 4th of May-that day is fixed-and The Secretary put the question on the resolution; and it was adopted on other days not within the· session of Congress, to do specific things. Mm. con. 1\Ir. MORRILL, of Vermont. I desire to ask the Senator from New 1\Ir. CARPENTER accordingly took the chair as President of the Sen­ York if he will have any objection to having the following proviso ate pro tempore. Mr. MORTON. Mr. President, I offer the following resolution, and added to his resolution: ask for its present consideration : · Provided, That no committee of the Senate authorized to sit during any recess of the Senate shall receive any compensation therefor beyond their actual and .Resolved, That the Secretary wait upon the President of the United States, and necessary expenses. inform him that, in the absence of the Vice-President, the Senate has chosen Hon. MATT. H. CARPENTER, a Senator from the State of Wisconsin, President of the Mr. CONKLL.~G. I think that is right. I understand that to be Senate pro te-mpore. both the law and the Constitution now ; but if there is any doubt The resolution was agreed to. about it, I think it would be very well to add it. THE JOURNAL. The VICE-PRESIDENT. The Senator from New York accepts the proviso. The PRESIDENT pro tempore. The journal of yesterday's proceed­ Mr. THURMAN. Let the resolution be reported. I did not hear it. ings will be read. The chief clerk read the resolution. The journal of yesterday's proceedings was read and approved. 1\Ir. THURMAN. That is the law now. PRESIDENTIAL ELECTIONS. 1\Ir. CONKLING. I think it is; but the Senator from Vermont Mr. MORTON. I offer the following resolution, and ask for its pres- offers this proviso. ent consideration : . The resolution, as modified, was adopted. Resolved, That the Committee on Privileges and Elections, which was instructed IN by a resolution of the Senate of March 10 "to examine and report, at the next EMANCIPATION PORTO .RICO. session of Con~rress, upon the best and most practicable mode of electing the Presi­ dentand Vice-President, and providing a tribunal to adjust and decide all contested Mr. MORTON. There was an omission this morning in the first questions connected therewith, with leave to sit during the recess," be authorized resolution adopted in regard to the Spanish republic, and I desire to to bold its session at Washington or elsewhere, and that the actnal expenses of its correct it by unanimous consent. It is to substitute three words in members be paid out of the contingent fund of the Senate, upon vouchers approved the fourth line, so that it will read thus: by the chairman of the committee. The resolution wa-s considered by unanimous consent and agreed Resolved, That the Senate of the United States have received with joy the intel­ to. ligence that the republican government of Spain have abolished slavery in the WITilDRAWAL OF PAPERS. island of Porto Rico, and raised the colored people of that island who were in the condition of slaves to the rights and privileges of citizens of the Spanish republic. Mr. WRIGHT. I ask leave to have the followingordermade; there has been no adverse report in the case : I ask that that correction be made. · Orde-red, That the papers relating to the claim of the heirs of General William The VICE-PRESIDENT. The Senator from Indiana asks unani­ Gates be withdrawn from the files of the Senate. mous consent to correct the phraseology of a resolution passed this The PRESIDENT pro tempcYre. That order will be made if there morning. Iftbere be no objection, the correction will be made. be no objection. Mr. MORTON. I now ask the adoption, as an additional resolution Mr. FERRY, of Connecticut. I ask to have an order entered for the in that connection, of the following : withdrawal of the papers of Elizabeth l\1. Link, being an appUcation Resolved, That the President of the United States be requested to communicate for a pension. these resolutions to the government of Spain. The PRESIDENT pro tempore. Has there been an adverse report f The resolution was considered by unanimous consent and agreed to' Mr. FERRY, of Connecticut. I do not know. This paper was laid on my desk by the chairman of the Committee on 'Pensions, [1\Ir. COMMITTEE SERVICE. PRATT,] with the request that I sbonld attend to it. The VICE-PRESIDENT. The Chair announces that be bas ap­ The PRESIDENT pro tempore. If there be no objection, leave will pointed on the Committee on Privileges and Elections, Mr. BouT­ be granted, subject to the ordinary direction that copies of the papers WELL ; on the Committee on Public Lands, Mr. BouTWELL; on the be made and retained by the Secretary. · Committee on Indian Affairs, Mr. INGALLS in place of 1\fr. Caldwell; On motion of Mr. BOUTWELL, it was on the Committee on Mines and Mining, Mr. AMES in place of Mr. Ordered, That William Thwing have leave to withdraw bis petition and papers · Caldwell. from the files of the Senate. The Chair also appoints as one of the directors of the Columbia PNEUMATIC TUBE. Hospital for Women in this city, in place of :Mr. Sawyer, who has Mr. ANTHONY. I offer the fellowiug resolution, and a..sk for its ceased to be a member of the Senat.e, Mr. SARGE~, of California. present consideration : EXECUTIVE SESSION. Resolved, That the Secretary of the Interior be directed to communicate to the Senate at the next session the reason why the pneumatic tube to connect the Capitol Mr. CHANDLER. I move that the Senate proceed to the consid- with the Government Printing Office has not been completed, bow much bas been erat.ion of executive business: · expended on the same, and all the circumstances connected therewith. The motion was agreed to; and the Senate ·proceeded to the con­ 'fhere being no objection, the Senate proceeded to consider the res-· "'Teideration of executive business. olution.