1876. CONGRESSIONAL RECORD-HOUSE. 375

COMPILATIO:NS OF QUESTIO:NS OF ORDER. llOUSE BILLS IffiFERRED. Mr. A. S. WILLIAMS also, by unanimous consent, submitted the The bill (H. R. No. 4272) authorizing the use of certain fonds now following resolution; which was referred to the Committee of Ac­ in the Treasury belonging to the Osage Indians was read twice by counts: its title, and referred to the Committee on Indian Affairs. Besol1Jed, That there be paid out of the contingent fund of the Honse snob sum The joint resolution (H. R. No. 169) authorizing the Secretary of as may be necessary to complete the compilation of questions of order clecided in the War to supply blankets to the Reform School in the District of Co­ Honse of R.epresentatives, ordered by the Honse on the 15th of August last, subject lumbia was read twice by its title, and referred to the Committee on to the approval of the Committee of Accounts. Military Affairs. ORDER OF BUSINESS. PRESIDE:NTIAL .APPROVALS. :Mr. ATKINS. Mr. Speaker, was it not the understanding yester­ A message from the President of the United States, by Mr. U.S. day that na business should be transacted in the House to-day¥ GRANT, jr., his Secretary, announced that the Preside~t had on the The SPEAKER pro tempore. All this business is proceeding by 18th instant approved and signed the act (S. No. 620) to remove the unanimous consent. political disabilities of James Argyle Smith, of Mississippi, and on Mr. BUCKNER. I move that the House adjourn. the 2'2d instant the act (S. No. 745) to authorize the Secretary of the SE'ITLERS ON THE SAN JUAN AND OTHER ISLANDS. Treasury to issue a register and change the name of the brig A. S. Mr. ·BANNING. Before the question is put on the motion to adjourn, Pennell to the City of Moule. I desire to make a correction of the RECORD. It appears by the ADJOURNMEN"T TO FRIDAY. RECORD that House bill (H. R. No. 3878) for the relief of the settlers Mr. WRIGHT. I move that when the Senate adjourns to-day it be on San Juan, Orcas, and other islands, lately in dispute be~een the United States and Great Britain, was reported ba-ck from the Commit­ to meet on Friday next. tee on Military Affairs and referred to the Committee on Public The motion was agreed to. Lands. The bill was not in the possession of our committee, and the SIOUX NEGOTIATIONS. RECORD should have statedthatExecutiveDocumentNo.308in refer­ The PRESIDENT pro tempore laid before the Senate the following ence to the subject-matter of that bill was reported ba-ck and referred message from the President of the United States: to the Committee on Public Lands. To the Senate and House of .Representa.mves: SERGE~T IN SIGNAL CORPS. I have the honor to transmit herewith a letter, submitted by the Secretary of the Mr. BANNING, by unanimous consent, ilitroduced a bill (H. R. No• Interior, from the Commissioner of Indian Affairs accompanied by the report and journal of proceedings of the commission appo i n~ on the 24th day of August last 4276) to authorize the appointment of a sergeant in the Signal Corps to obtain certain concessions from the Sioux Indians in accordanoo with the pro­ as a second lieutenant in the Army; which was read a first and sec­ visions contained in the Indian appropriation act for the current fiscal year. ond time, referred to the Committee on Military .Affairs, and ordered I ask your special consideration of these articles of agreement, as among other to be printed. advantages to be gained by them is the clear right of citizens to go into a. country of which they have taken possession and from which they cannot be excluded. CAPTAIN JOHN A. LYNCH. U.S. GRANT. Mr. BANNING also introduced a bill (H. R. No. 4277) for the relief EXECUTIVE ~SION, December 22, 1876. of Captain John A. Lynch; which was read a first and second time, The message wa-s ordered to lie on the table and be printed. referred to the Committee on Military Affairs, and ordered to be printed. PEN:NSYLV.llUA AVENUE PAVING. ADJOURNMENT OVER. The PRESIDENT pro ternporelaid before the Senate_the following Mr. BLOUNT. I move that when the House adjourns to-day it be message from the President of the United States: to meet on Wednesday next. To the Senate and House of Representatives: The SPEAKER pro tempore. An order of that kind has already been I lmve the honor to transmit herewith a report (and papers which accompanied it) of the progress of the work committed to their charge, addressed to me by the made. commissioners appointed under the act of Congress approved July 19, 1876, author­ Mr. BLOUNT. There wa-s a resolution adopted, as I understand, izing the repavement of Pennsylvania avenue. expressive of the desire of the House on this subject; bot my idea U.S. GRANT. was that notwithstanding that resolution a motion of this kind was ~CUTIVE MANSION, December 22, 1876. necessary now. The message was ordered to be printed, and referred to the Com­ The SPEAKER pro tempore. In the judgment of the Chair, there mittee on the District of Columbia. is no necessity for submitting such a motion. .Mr. REAGAN. I presume that when the House adjourns to-day it RULES OF THE SENATE . will be announced that in conformity wi1h previous resolution the Mr. FERRY, (Mr. WRIGHT in the chair.) I am directed by the Com­ adjournment is until Wednesday next. mittee on Rules, to whom was recommitted on the 18th instant the LEAVE OF ABSENCE. report of the committee recommending a revision of the roles of the By unanimous consent, leave of absence was granted as follows: Senate, to submit the revised rules in an amended form. I ask that To ?til·. METCALFE, for ten days from January 2 on account of iint the report lie on the table, the printing having already been ordered. portant business. The report waa ordered to lie on the table. To Mr. STENGER, from the 26th to the 30th instant. EXECUTIVE SESSION. To Mr. MACKEY, for ten days from the 30th instant. Mr. SHERMAN. I move that the Senate proceed to the considera­ To Mr. McCRARY, until January 3 on account of important busi­ tion of executive business. ness. The motion was agreed to; and the Senate proceeded to the con­ The motion of Mr. BucKNER was then agreed to; and accordingly (at sideration of executive business. After nine minutes spent in execu­ twelve o'clock and twenty minutes p.m.) the House, pursuant to the tive session the doors were re-opened, and (at twelve o'clock and fif­ order heretofore made, adjourned until Wednesday next. teen minutes p. m.) the Senate a-djourned.

IN SENATE. HOUSE OF REPRESENTATIVES. TUESD.A Y, December 26, 1876. .. WEDNESDAY, December 27, 1876• JAMES K. KELLY, from the State of Oregon, appeared in his seat to-day. . The House met at twelve o'clockm. Prayer by the Chaplain, Rev. Prayer by the Chaplain, Rev. BYRON Sum>ERLAND, D. D. I. L. TOWNSEND. The PRESIDENT pro tempore. The Journal of Friday last will be The Journal of Saturday was read and approved. read. MESSAGE FROM THE PRESIDE:NT. COMMITTEE ON PRIVILEGES AND ELECTIO:NS. A message in writing from the President of the United States was Mr. MORTON. Before the Secretary proceeds to read the minutes received by his Private Secretary, Mr. U. S. GRANT, jr. I should like to suggest that it is important to have another member 'l'he message further announced that the President had approved appointed upon the Committee on Privileges and Elections. The and signed bills of the House of the following titles, viz : body of the committee has gone South, as yon are a ware, sir, and there .An act (H. R. No. 1581) for the relief of John Gowers late of Com­ is not now a quorum of the subcommittee here. I ask, therefore, to pany C, One hundred and eleventh Regiment New York Volunteers ; have one more member added to the committee during the investiga­ .An act (H. R. No. 1503) for the relief of Sarah F. Albertson, of tion in reference to the presidential election, a subject already re­ Booneville, Missouri ; ferred to the committee. .An act (H. R. No. 648) for the relief of .Andrew J. Barrett; The PRESIDENT pro tempo1·e. Is there objection to this being done .An act (H. R. No. 1075) directing the Second Auditor to settle the pay before the reading of the Journal f The Chair hears no objection. and bounty account of John Amrilahaie or Ammahe; By unanimous consent, the President pro tempore was authorized An act (H. R. No.l592) to re-imburse Horace Glover for property un­ to make the appointment, and Mr. MITCHELL was appointed. lawfully seized and sold by the United States Government; The Journal of Friday's proceedings was read and approved: An act (H. R. No. 4124) to provide for the expenses of certain special 376 CONGRESSIONAL RECORD-HOUSE. DECEMBER 27, committees of the House of Representatives and of the Committee on tories of Ret:- British Majescy, and had, in due compliance with the requirements of Privileges and Elections of the Senate; and the keaty, furnished the evidence of the criminality of the fugitives, which had been found sufficient to justify their apprehen ion and oommitm~nt for trial, as re­ An act (H. R. No. 4197) to provide for the payment of electoral mes­ quired by the ~aty, and the fugitives were held and committed for extradition. sengers. Her MaJesty's government, however, demanded from the United State certain DISTRICT GOVERNMENT. assurances or stipUlations as a condition for the surrender of these fugitives. As the kea.ty contemplated no such conditions to the performance Of the obliga­ Mr. HUNTON. 1\Ir. Speaker, I am directed by the House portion tions which each Q.Qvernment had assumed, the demand for stipulations 011. the part of the joint committee to provide a government for the District of of this Q.Qvernment was repelled. Columbia report a bill (H. R. No. 4278) to provide a permanent Her Majesty's government thereupon, in June last, released two of the fugitives, to (Ezra D. Winslow and Charles J. Brent,) and subsequentlY. released a third, (one form of government for the District of Columbia, and to ask that it William E. Gray,) and, refuaing to surrender, set them at liberty. be made a special order for Thursday the 4th of January next, and In a message to the two Rouses of Congress on the 20th da.yofJune last, in view from day to day till disposed of, not to interfere with the appropria­ of the condition of facts as above referred to, I said: 11 The position thus taken by the British government, if adhered to, cannot but be regarded as the abrogation tion bills. and annulment of the article of the treaty on extradition. The bill was read a first and second time, and the bill and report "Under these circumstances it will not, in my ~udgment, comport with the dig­ were ordered to be printed. nity or self-respect of this Q.Qvernment to make demands upon that government for Mr. HEWITT, of Alabama. I wish to inquire if making this a the surrender of fugitive criminals, nor to entertain any requisition of that char­ acter from that government under the treaty." special order will interfere with other special orders previously made T Article XI of the keaty of 1842 provided that 11 the tenth article [that relating The SPEAKER. The Chair is clearly of the opinion that this will to extradition] should continue in force until one or the other of the parties should not necessarily interfere with special orders previously made, but that signify its wish to terminate it, and no longer." it will come up in regular order after other special orders. Wben a 1n View, however, of the great importance of an extradition treaty, especially special order is reached and another special order stands in the way, betw·een two states as intimately connected in commercial and social relations as are the United States and Great Britain, and in the hope that Her Majesty's ~ov­ the question then becomes one of consideration, and it is within the ernment might yet reaCincinnati, held December 20, 1876. 1876. CONGRESSIONAL RECORD-HOUSE. 377

Mr. BANNING. I ask that this may be referred to the committee sort haa been sought to be spread upon our record, and gentlemen on counting the electoral vote, of which Mr. PAYNE is chairman, will see the probability of our having thousands of such communi­ and that it be printed in the CONGRESSIONAL RECORD. cations from unofficial sources sent here, spread upon our record and Mr. CONGER. What is that paperY ordered to go into the CONGRESSIONAL RECORD. The SPEAKER. It is an account of a public meeting held in \he I think that every member will see that our record will then no city of Cincinnati touching the present presidential election. longer represent the proceedings of the Honse, but will become the Mr. CONGER. I object to its being printed. general receptacle of every description of unofficial communication. The SPEAKER. The communication will be referred to the com­ The SPEAKER. The gentleman from Ohio will observe that this mittee indicated by the gentleman from Ohio, [Mr. BANNING.] The is a communication from citizens of the United States in the way of gentleman from Michigan [Mr. CONGER] objects to printing in the­ petition, and it is certainly not the duty of the Speaker to interfere RECORD. with the sacred right of petition. Being communicated to him, it Mr. BilTNING. These are the proceedings of a meeting of citi­ was his duty to present it to the House. Snpposehehadretained the zens of all parties. The proceedings of similar meetings of this char­ paper, what would have been the judgment of the Honse and the acter have been printed in the RECORD for the information of the country on the detention of a paper of this character! House. Copies· of the proceedings of this meeting were forwarded to Mr. GARFIELD. The Chair quite misunderstands me. I said it the Speaker of the Honse, the President of the Senate, and the Presi­ was not only the right but the duty of the Speaker to present all dent of the United States as information only. I hope the gentle­ petitions or memorials under the rules and have them referred with­ man from Michigan will withdraw his objection. out debate, except it be in the case of resolutions of State Legislatures, Mr. GARFIELD. We cannot print the proceedings of all meetings which are to be presented and spread upon the record. The Speaker held in the United States. ha8 the same right to present petitions as any other member of the The SPEAKER. The paper will be printed in the usual form. Honse and no other. Mr. BANNING. I ask that it may be read. The SPEAKER. The. Chair having presented the paper, it came Mr. GARFIELD. To whom is it addressed T in of ·course by unanimous consent. The gentleman from Ohio [:Mr. The SPEAKER. It is addressed to the Speaker of the House of BANNING] moved that the reading be dispensed with and that it be Representatives. printed in the CoNGRESSIONAL RECORD without reading, and then the Mr. GARFIELD. It is a memorial; is it notf gentleman from Michigan [Mr. CoNGER] rose for the first time and The SPEAKER. The Chair will cause the letter accompanying the objected, which objection was entertained by the Chair. paper to be read; and gentlemen will see from the reading of it what Mr. GARFIELD. The House has always extended to the Chair its is its nature. courtesy in the matter of the presentation of papers; for he always The Clerk read as follows : has a large number of official communications to present. It is very CINCINNATI, Decemher 23, 1876. rare indeed, though I noticed one example the other day from a gen­ DEAR SIR: As instructed, I herewith inclose copies of resolutions adopted at a. tleman on the other side of the Honse, that objection is made to the meeting of citizens held in this city on the 20th instant, at which Hon. Henry Stan· request of the Chair to present papers. When this courtesy was ex­ bery was president. Very respectfnlly, your obedient servant, tended to the Chair this morning there was no indication that he JOHN D. BANKS, Secretary. would present anything but official communications. Now that this no~. SAML'ELJ. RANDALL, paper has been presented, without any intimation that it was an un­ Speaker House of Representatives, Washington, D. 0. official communication, I do not think the Chair will be willing to :Mr. GARFIELD. Let it all be referred. put us in the position where it will be necessary for us to abat-e any 1\fr. BANNING. I think there is no objection to the paper being of the usual courtesy extended to him. I trust the Chair will only read. exercise the same right that other members exercise in the presenta­ The SPEAKER. Is there objection to the paper being read f tion of petitions. Mr. CONGER. If I objected to the paper going into the RECORD, The SPEAKER. The Chair does not desire to lull the gentleman I think the Chair would understand that I would naturally object to from Ohio into any feeling of security that would lead him not to tlle reading of it so that it may go there. watch the proceedings. The Chair will read the rule upon the subject. The SPEAKER. The gentleman from Michigan [Mr. CONGER] Where papers are laid before tJie House or referred to a committee, every mem­ objects to the paper being read. ber has a right to have them once read at the table before he can be compelled to Mr. BANNING. Then I move that it be referred to the committee vote on them; and this applies to the reading of papers on a motion to refer them. on counting the electoral vote, of which Mr. PAYl\TE is chairman. 1\Ir. GARFIELD. Would the Chair apply that rule to petitions Mr. SOUTHARD. I ask for the reading of the pap~r that we may know what its contents are before voting on it. such as are daily presented under the rules and referred to commit­ 1\fr. RUSK. I call for the regular order. tees t Every morning the CoNGRESSIONAL REcoRD ahows from one The SPEAKER. This is the regular order. to a hundred petitions that have been presented by members of the Mr. RUSK. The regular order is that the reading of the paper House and referred to their appropriate committees. I do not think hal:! been objected to. that anybody will hold that any member has the right to call for the The SPEAKER. The printing in the RECORD is objected to. reading of those petitions. , Mr. RUSK. And the reading. The SPEAKER. They are presented under a rule of the Honse. Mr. BANNING. You cannot object to its being read when a motion 1\fr. GARFIELD. Certainly. · for its reference is pending. The SPEAKER. This is presented in open Honse. . The SPEAKER. The communication is before the House withot1t Mr. GARFIELD. They are all presented in open House-­ objection. A motion has been made that it be referred. The gentle­ The SPEAKER. No; they are presented at the Clerk's desk. man from Ohio [Mr. SoUTHARD] demands the reading of the docu­ Mr. GARFIELD. But is the Chair governed by any other rule in ment, and the Chair does not know how he can prevent the reading regard to the presentation of petitions than that which applies to of it. each member of the House f Mr. GARFIELD. That is the very point which was objected to. The SPEAKER. The Chair is bound, as he said before, to present It is before the House, but within the limitation of that objection. to the Honse everything that comes to him in his official position. The SPEAKER. The communication is before the House by unani­ 1\fr. GARFIELD. Certainly; under the same rule that applies to all mous consent. The Speaker, as in duty bound, presents it, to which the members of the Honse. . there is no objection. Then, being before the House, the gentleman The SPEAKER. No, not under any rnle-- Mr. GARFIELD. Then I ask, with all respect to the Chair, how from Ohio [Mr. BANNING] asked that it be printed in the RECORD, he has any right to present this petition Y which the Chair ruled required unanimon ~onsent. Mr. GARFIELD. Was not the unanimous consentforitsreference The SPEAKER. Only byunanimous consent, which the Chair ob­ and not for its being preeented to the House to be read 7 tained. The SPEAKER. The Chair thinks not. However, that is a ques­ Mr. GARFIELD. Let me recall the facts. The Speaker had a bun­ tion of fact, easily susceptible of proof one way or the other. The dle of official documents on his desk, and he asked unanimous con­ reporters will be kind enough to write out their notes of what passed. sent to lay them before the Honse. There was a message from the Mr. GARFIELD. I know nothing about the resolutions. President, a communication from the Secretary of War, another from The SPEAKER. Neither does the Chair. the Secretary of the Treasury, and several others. While he was de­ Mr. GARFIELD. But I suggest to the Speaker that it is a new livering his budget I presume that no member of the House under­ ruling, which will greatly change the order of business of the stood that this paper was in the nature of a simple petition until House. If we adopt the principle that any meeting of citizens may after the oall for its reading was made. I trust, therefore, that the have its proceedings spread upon· our record merely by addressing Chair, in view of this apparent misunderstanding, will again put the a copy of them to the Speaker-if this rule should prevail, we shoula question to the Honse in reference to the petition. encumber our records with thousands of reports of them. The rules The S~EAKER. The Chair is entirely ready to submit the ques­ of the House require that when the House is addressed by unofficial tion to the Honse. persons the petitions or memorials shall be referred without debate Mr. REAGAN. The rule in relation to printing-! do not know to some committee of the Honse,and the Speaker has the same right how much the distinction amounts to-but the rule in relation to a any other member to present memorials and petitions. But the printing and reference may be found on page 160 of the Manual, and mere fact that a paper is addressed to the Speaker of the Honse does 18 as follows : not exempt it from the operation of that general rnle. Me~bers having petitions and memorials to present mayhand them to the Clerk, indorsmg the same with their names and the reference or disposition to be made This is the first instance when an unofficial communication of this thereof. 378 CONGRESSIONAil REOORD-HOUSE. DECEMBER 27,

But this is a communication that does not come to a member of the Mr. GARFIELD. Nobody has objected to the reference of this paper. House in the ordinary way, but it comes to the Speaker, and. it de­ That is not the objection at all. volves upon him to dispose of it. I understand that the practice has The SPEAKER. The Chair does not desire to pursue any course uniformly been for the Speaker t.() lay such communications before which may present even the semblance of his having b_rought a paper the House and a motion is made to refer them. Now it seems to me of this sort into the House for any other than a public purpose; be­ that under the rule, upon that motion to refer, any member has a right cause in fa-ct the Chair has never read these resolutions. The Speaker 1o demand the reading of the paper. will therefore submit to the House the question upon the reading of The SPEAKER. That would seem to be the meaning of the rule. the paper. , The Chair would like to read furt~er from the rules : Mr. HOSKINS. Will the Chair allow me to make one inquiry f Can the Chair in his individual right as a member of this Honse presenta When the reading of a paper is called for and the same isobject~d to by any mem­ ber, it shall be determinet.l by a vote of the Honse. petition in any other way than any other member of the House f For instance, if I should have a petition and should desire t~e Spea:ker to The Chair is entirely ready to submit the question to the House. present it for me, would not he have merely the same r1ght mth re­ Mr. SOUTHARD. I think there is a misapprehension on the part gard to its presentation that I would have myself f of the gentleman from Ohio [Mr. GARFIELD] in regard to the question The SPEAKER. The gentleman will remember that petitions have now before the House. This paper is now before the House by unani­ constantly been presented from chambers of commerce and other pri­ mous consent. There was no objection made to its reference, bnt vate associations upon public questions; and they have almost always there was objection made to its being read or printed. Now when a been presented by a member rising in his place and asking unanimous paper is before the House for the purpose of reference, I a..s a member, consent to have the petition read and printed. The Chair will, how­ as I claim, have the right to demand that the pape~be read before I ever, submit to the House the question as to the reading of this paper. shall be called upon to vote upon the question of reference. It was Mr. BANNING. Mr. Speaker, I wish to say one word in answer to under the rule to be found on page 194 that I demanded the reading what my colleague [Mr. GARFIELD] has said against the printing of of this paper. If the simple question were as to the reading of a paper this communication in the REcoRD. He said it would be establish­ unconnected with a motion to refer, then I think that the rule to be in(J' a bad rule to let it be done. I am surprised at such objection found on page 141 would apply, and it would be the duty of the Chair co~:ling from him. A short time ago a committee of citizens proceeded to submit the question to the House. But under the rule to be found to New Orleans to view the counting of the election returns. There on page 194, where papers are to be referred to a committee, the doc­ was no authority for their going; there was no law for it. They came trine is that the pa.per shall be read if demanded by any member back and reported to the President, all of them belongin~ to one before he can be called upon to vote upon the question of reference. party, the republican party, and that repor~ was se~t.to thlS Hou~e That is the point which I have made, the consent of the House for the and printed in the REcoRD. Now a convention of 01t1zens meets m presentation of the papers having been obtained. . Ohio in this dan(J'erous time in the history of our country, and they :Mr. HOSKINS. I desire to call the attention of the Chair to page pres~nt their vie~s to Congress through the Speaker of this Honse. 159 of Barclay's Digest in relation to the rule for the presentation of Then one of the gentlemen who presented his views through the petitions: President rises in his place and objects. The example was set by him There is now no other mode of presenting petitions prescribed by the rules, the and other citizens acting without authority of law, refusing to let old rule for presentation in the Honse bavmg been rescinded December 12, 1853; men of the other party confer with them when they went to New Or­ and when a member desires to have a petition printed, it can only be done by unan­ leans to see the counting of the vote of that State and made their imous consent, by a suspension of the rules, or by submitting a resolution to that effect when resolutions are in order. report which was presented to this House. Mr. CONGER. I object to further debate. Under this rule, Mr. Speaker, there is no question that an objection Mr. GARFIELD. O, let him go on. by an;y mem~er to the printing ?f a petition is s_uffici~nt t? preve~t The SPEAKER. Under what rule does- the gentleman from. Mich­ its bemg prmted. Now the pomt to be determmed m this case IS igan object to further debate! whether the reading of this petition at length does not carry it upon Mr. CONGER. I thought the Chair himself said debate was not in the Journal and into the RECORD. There is no doubt in my mind that order. when this petition is before the House it is perfectly proper to have The SPEAKER. Point to the rule under which debate is not al­ it read for the information of the House; but if it is read for the pur­ lowed on this question . pose of having it spread upon the Journal or the RECORD, then, ac­ .Mr. CONGER. The Chair has already said that the proposition is cording to this rule, if there is one objection, that cannot be done. to submit the question to the House; and if it is not before the Honse The SPEAKER. The gentleman from New York [Mr. HosKINs] it is not debatable. will allow the Chair to suggest that the very fact of the paper being The SPEAKER. This paper is before the Honse and debate is in read makes it a part of the proceedings, and therefore it goes into order on the motion to refer. The Chair would like the gentleman the RECORD. to point out any rule which prohibits debate on the motion to refer. Mr. HOSKINS. But one objection to its being printed is sufficient. Mr. CONGER. The Chair has already decided and had commenced So far as regards its presentation and reference, of course there is no to submit that question to the House. It is not debatable whether objection to that. , the Chair will submit a question to the House or not. The SPEAKER. The effort was to have the paper printed in the The SPEAKER. The Chair has heard gentlemen on various points RECORD without consuming time in reading it. by unanimous consent. He thinks that this paper is before the House Mr. HOSKINS. But, under the rule, if there is one objection the by unanimous consent, and the pending question is on the motion ro paper cannot be printed. It must be done, if at all, by unanimous refer. consent. Mr. CONGER. I am of the opinion that it is not debatable. The SPEAKER. That relates to petitions presented at the desk. Mr. BANNING. If I am entitled to the floor! will proceed. Mr. HOSKINS. Not at all. The old rule for the presentation of The SPEAKER. The gentleman from Ohio is entitled to the floor petitions in the House has been rescinded; and a petition, whether it and will proceed. comes through the Speaker or any other member, must be presented :Mr. BANNING. Now, Mr. Speaker, I hold in my hand proceedings under the rule which says that, when a member desires to have a peti­ of this Honse at the very time that the message came here from the tion printed, it can only be done by unanimous consent or by a sus- President of the United States presenting the report of these citizens. pension of the rules. · The gentleman from Ohio [Mr. GARFIELD] being one of them who The SPEAKER. The Chair still thinks that that relates to peti­ went to New Orleans to be present at the counting of the election tions and memorials, which may be handed in to the Clerk • returns of Louisiana, I send the proceedings as reported in the CoN- _ .Mr. HOSKINS. They may be handed to the Clerk or they may be GRESSIONAL RECORD to the Clerk, and ask him to read them. It will handed to the Speaker; and whether they pass from the Speaker or be seen that at that very time the Speaker of this House made the through the box provided at the Clerk's desk, they cannot be printed exact ruling which he makes now, with the difference that he made it under the rule if objection is made; and if the object of the reading then for the gentlemen who now object. is for the purpose of having them printed, then of course the rule The Clerk read as follows: applies. The SPEAKER. That rule clearly relates exclusively to petitions Mr. CoNGER. I now renew my call for the reading of the documents accompany. and memorials presented by members at the Clerk's desk. ing; the President's message. The SPEAKER. The Chair would like to make a stateUJent to the Honse. Mr. REAGAN. I apprehend that the practice of the House enters Mr. Woon of NewYork. Therewa.s somuchconfusionwhilethemessagefrom into the judgment of the Speaker in the disposition of this question ; the President was being read that I would like the Chair ro state distinctly how the and probably there will not be found in the history of our proceedings proposition stands before the House at this moment. any case in which the Speaker has had a petition or memorial referred The SPEAKER. The Chair will do so when the Honse comes to order. The Chair desires ro state that the messaue proper wa.s read. and a motion was made by the in the same manner as the reference would be ma-de by a member upon gentlemen from Dlinois [Mr. S'PRINGER] to refer it to a. select committee; where­ the floor. I apprehend that, according to the universal practice, such upon the gentleman from ""Michigan [Mr. CONGER] demanded the reading of the ac­ papers when presented by the Speaker are laid before the House in companying papers. The attention of the Chair baa been directed to Rule 141, open ses ion. which is as follows: "141. When the reading of a paper is called for and the same is objected to by The SPEAKER. The Chair during his service as a member here has any member, it shall be determined by a vote of the Honse." never known any other course to be pursued, where the Speaker has That rule was adopted on the 13th of November, 1794, and the note to it states presented a paper for reference and there was no objection to it, than th.at- that it should be considered for reference. However, the Chair does ".A.s originally adopted, this rule contained, after the word 'for,' the words 'which ha.U before been read to the House.' They were stricken out on the 14th not wish to aiTogate to himself any special ptivilege in this regard. December, 1795.''

. 1876. CONGRESSIONAL RECORD-HOUSE. .379

The Chair desires to read further on page 193 of the Manual: you will overturn the majority of more than eight thousand for the "Where papers are laid before the House or referred to a commit~e, every mem- Tilden electors in Louisiana, you are attempting that which you never ber has a right to have them once read at the table before he can be compelled to can do. [Applause on the floor and from the galleries.] vote on them-Manual, page 97-and this applies to the reading of papers on a motion to refer them.-Journal, 1, 34, page 1146. And so in regard to anyproposi- The SPEAKER. The Chair desires to state to persons in the gal­ tion submitted for a vote of the House; but it being a right der1ved from the rules, lery that they must cease applause; and unless that instruction is he may at any time, (when a. motion to suspend the rules is in order) be deprived of 0 beyed, the Chair will cause the ~alleries to be cleared. it by a suspension of the rules." llf BANNING B t ,,. - S th 1 will t 't th t A motion to suspend the rules is not now in order. · ll r. · · u ' Du. pea er, e peop e no pernn a TheChairwillreadfurther: to be done. [Great laughter.] I do not mean that they will not "The rule above recited is not construed to apply to the single reading of a paper permit the galleries to be cleared. [Laughter. J I mean they will or profosition upon which the House may be called upon to give a vote, or to the not permit the ballot-boxes to be changed, nor will they permit an severa regular readings of a bill, but to cases where a paper has been once read or ille~al and dishonest returning board to defeat their honest election. a. bill has received its regular reading and another is called for, and also where a. member desires the reading of a paper having relation to the subject before the I ave now said, Mr. Speaker, all, and more than I intended to say; House." and I do hope that the gentlemen whose report has been received and Mr. HURLBUT. The Chair omitted one paragraph. - ted · th R ill "t th th th 1 to The SPRAKER. The Chair had previously read that rule. The Chair decides that prm m e ECORD w now pernn e 0 er Sl·a e, e peop e, this case comes within the latitude of that rule. And it is a necessary step toward be heard. correct legislation that all such papers shall be read; and so deciding, the paper Mr. GARFIELD. Let us rejoice, Mr. Speaker, that at last we have will now tie read. in our midst a gentleman who is authorized to speak for the whole Now, Mr. Speaker, it was not my intention to say anything upon American people; who is able to tell us just what the people want, this matter at this time; but I want to say in all earnestness to that just what the people believe, and just what the great American people side of the House that ever since we have met I think and I believe are going to do. I have been, in my feeble way, reading the public the country thinks they have placed themselves in a very strange posi- newspapers, getting what information I could by private correspond­ tion. They came here with a report sent through the President of an ence, and trying in that way to get at a knowledge of public opinion unauthorized investigation; and when this House attempted to send on public questions. And I had hoped that the whole Congress, aided a committee to investigate the same election and get at all the facts by the whole press, might by and by get a fair reflex of the public lawfully, every one of the gentlemen upon the other side, with three mind; but I had never indulged the dream that on this bright morn­ honorable exceptions, voted against the resolution to investigate every ing, between the two holidays, we should find a gentleman who has one of them, and then, after the resolution had passed by a majority of already learned all about it; who knows just how the people feel; one, called the attention of the House and the country to the fact that knows exactly what the facts were in the late elections in Louisiana, it had not been fairly passed, thus showing that they were afraid of South Carolina, Florida, and Oregon too; knows precisely the con­ the investigation and afraid to let the people know all that had been tents of all the sealed packages of returns now ip possession of the done in the three Southern States of Louisiana, South Carolina, and President of the Senate; can tell us just how the papers will read Florida. when they shall be opened, and has learned exactly how much mili- And next, Mr. Speaker, we have these gentlemen who made their tary force the people are going to raise to carry out his views of the report sustaining the character of the returning board in Louisiana; result. To learn all this by listening to a fifteen or twenty minute and when we attempt in this House to get what General Sheridan speech is a crowning mercy, for which every citizen ought to be pro­ said of the president of that board and what the Secretary of War, foundly grateful! Mr. Stanton, said when he removed him from being governor of Louisi- Among other things my colleague knows that the people are going ana, because, as General Sheridan said in his letter to Mr. Stanton, he to have honest ballot-boxes, and therefore, if I understood him, they was a dishonest man and a trickster, that report being approved by are not going to let any ballot-boxes be purged before the votes are the then General of the Army, the present President of the United counted. States, who laid this report before us, of the gentlemen who sustained Mr. BANNING. Will the gentleman understand me! I say that tllis man Wells-when we attempt to get that record from the War they are not going to let any ballot-boxes be perjured. Department we have every obstacle thrown in our way. When I went 1\fr. GARFIELD.· Vety well. Let it stand so. We know all good myself to get it-I had been in the habit of going to the Department things will come from a quarter so replete with knowledge. and was always before given copies of the records-but when I asked Now I want to call the attention of my colleague to the fact that for this record the Adjutant-General told me I could not$et it with- in the State of Ohio there are about fonr thousand ballot-boxes, and out the order of the Secretary of War. I went to the tlecretary of on the 7th of November last there sat behind those ballot-boxes about War. He was not in. I asked the Assistant Secretary. He said "this four thousand returning boards of three members each. And after is a public document; go down and tell the Adjutant-General to give applying the law ministerially and judicially during the day, when it to you." I went back to the Adjutant-General. The Adjutant-Gen- the hour of six o'clock came the ballot-boxes were opened and each eral told me that he had seen the Secretary of War and I could not of those returning boards proceeded to do this. Having before them have it without his order. a list of all the voters who had voted on that day they proceed to I then went back to the Secretary of 'Var and he told me that I count the ballots. When they drew out a ballot and found that there could not have that record unless I got the order of the President of were two ballots folded together, though it may be that some honest tho United States. I then came to this House and introduced a reso- citizen had by mistake picked up two ballots and put them in the lution to have the Secretary of War produce that report. This reso- box, still the board threw ·out both ballots and refused to count lution required a two-thirds vote. And these gentlemen who now either of them, whether they were democratic or republican. Again, object, who have investigated without authority and reported with- the board finds that some man has pasted a printed name over the out proof as the country believes, objected, and the country is not yet name of one of the electors, and they refuse to count that name. informed. I t1·ied again to bring up the resolution and that side voted They find the name of an elector erased and in its place the name solid against it. of another person is written; but one of his initials is left out. They Now, Mr. Speaker, I hope the gentlemen upon that side of the House refuse to count the name of that man though the probable intention of will permit us to ~et all the information that we can, and receive and the voter is thus defeated. They go on thus purging the ballot-box; hear the instructions of the people of the country, especially when and, when they get to the bottom, if they find that there were one they come from such men as sent this paper; such men as Henry hundred and twenty ballots, and tha~ there were only one hundred Stanbery, lately a member of the Cabinet, Rufus King, Durbin Ward, names on the poll-list this returning board proceeds to put all the and Judge Stallo, men, all of them, who did battle against slavery ballots back into the box, shake them up, and draw from the mass and for the right with the party represented by gentlem~n on the until they have drawn out twenty ballots; and the twenty thus drawn other side of the House in the better days when the party fought for out they do not count at all, but count only the ballots which remain. principle and right, and not to defeat the people in their right to It may be that all the fraudulent ballots were thrown by one party elect a President as now. and that every one thrown out was a ballot of the other party. But Mr. Speaker, if there is one thing the people of this country love the board follows the law; they purge the ballot-box; they certify more than another, more than life, more than property, it is their to the result, and send it to Columbus there to be added up with the liberty that is vouchsafed to them in an honest ballot-box. [Ap- other purged returns. In other words, in the State of Ohio there plause.) And let me tell gentlemen here that they will have it. The are four thousand returning boards that proceed judicially as well as Army may, part of it, be ordered here with eighty rounds of ammu- ministerially, under the laws of the State, to throw out ballots, to nition. The Navy may be called upon. The eighty thousand office- purge the polls, and they are to certify the result. holders may be asked to come to the rescue- Now,doesmycolleagueproposetosaythat this House has the right, A MEMBER. They will not come. by means of its committees, to go behind every returning board in Mr. BANNING. But let me tell you that an honest people will put Ohio, and in all the other States, and make a recount of the 7,000,000 them all down. [Applause on the floor and from the galleries.) ballots cast on the 7th of November, and thus determine who was The SPEAKER rapped to order. elected President 7 It happens that in the State of Louisiana they 1\Ir. BANNING. I hope now that gentlemen upon that side of the have there, in what some gentlemen on the opposite side would call House may stand for the right as in 1861; the men of the North with- their sovereign capacity, p1ade another kind of law. The men who out respect to party stood for the right, to put down the rebellion. sit behind the ballot-boxes in that State are not permitted to throw I hope now that, in place of sustaining the partisan report of an un- out ballots at all. All they can do when the polls are closed is to authorized committee, you will go with us and help us to investigate count the votes in the boxes and record what they find, however false, and find out the condition of aftairs in Louisiana, in Florida, and in however fraudulent the ballot may have been. The commissioners South Carolina. And let me say that, when you attempt to say to who attend to the ballot-boxes in Louisiana must report jnst what the people, without better evidence than you have yet produced, that they find._ They do not purge the polls at all, as the four thousand 380 CONGRESSIONAL .RECORD-HOUSE. DECEM13ER 27, returning boards in Ohio do. But when they have counted andre- ought to be returned a-s an improper communication; and by order of corded the ballots, they replace them in the boxes, lock and seal the the majority of the House it was laid upon the table-a thing I have boxes, and send the returns to the capital of the State; and the State never before known, a message of the President thus treated. Under returning board is authorized and required, by the laws of Louisiana, the rule the Speaker could have done nothing else than to lay that to examine and compile•the returns. They alone are authorized and message before the Honse, and under the rule it was the duty of the required by law to purge the polls and declare the result. House to have it printed, and it was properly so decided. This is precisely the difference between the returning board of that But the case now before ns is that of an ordinary memorial. I State and the returning boards of Ohio. Does the gentleman mean want it distinctly understood that no man on this side of the Honse to tell us that, because unpurged polls sent to the city of New Orleans objects at all to the Speaker's presenting it and having it referred; showed a given set of figures, those figures are the lawful result it ought to be presented and it ought to be referred. The only point of the election f Does he hold that every vote found in the ballot- made on this side of the House is whether the Speaker has any other boxes, whethe~ false or fraudulent, should be counted and declared or higher privilege in the presentation of petitions than every other lawful because it was found in the boxY If his speech means any- member of the House. I hold that if the Speaker can lay any peti­ thing it means that. How desperate must be the cause that can call tion before the House and demand that it be printed then I can lay such a doctrine to its support! any petition before the House and demand its printing, and every I say to the gentleman, after a careful study of the testimony in this other member of the Honse can do the same. case, that there were numbers of ballot-boxes in Louisiana from which, There is one plain rule that regUlates the presentation of petitions if he had drawn out the ballots to count and declare them, his hand and memorials, with only here and there an exception like this; when a would be leprous with fraud and red with blood. Legislature memorializes Congress, the memorial is read to the Honse If the gentleman desires to count in a President by means such as his under its rules. But J>etitions and memorials from private oitiz·ens speech implies, what becomes of his cry for an honest ballot-box T are provided for under the general rule. l'tir. SPENCER. I would like to ask the gentleman-- ~o:vif the House chooses ~ochan~e the rule, if we wish to say that~ Mr. GARFIELD. It is rather early in the day-- petitiOns from all the public meetmgs that may be held by all orgaru- The SPEAKER. Does the gentleman from Ohio yield to the gen- zations throughout the country shall be spread upon our record on the tleman from Louisiana t demand of any member, the Honse should consider the practical re- 1\Ir. GARFIELD. Not now. It is rather early in the day for the suit. gentleman to set up the claim of ecstatic virtue, which, as he inter- Tlie SPEAKER. The Chair desires to correct the gentleman from prets it, means only that there shall be no virtue at all in our elections. Ohio. The Chair has made no such decision. It is for the sake of an honest ballot that the laws of the several States Mr. GARFIELD. If the Chair has not, I am glad. I understood require the purgation of the polls before a result shall be declared. the Chair to decide that as Speaker he was bound to lay petitions be­ And when the returns of an election in a State have been made in fore the House in a different manner from what I a-s a. member am accordance with its laws, will any law-abiding Representative seek bound to lay a petition before the House. to break down all the sanctions of State law and overturn the result f The SPEAKER. The Chair has simply held that when a commu­ With what face can the Representative who seeks to do that appeal nication, respectful in its character, comes to him in an official form to his members not to be partisans, but statesmen T from a portion of the people it is his duty to present it to the House. Ivery, very deeplyregrettedthat my colleague, [Mr. BANNING,] in a In obedience to that belief, he has presented this paper; and if the time like this, when the country needs all its wisdom, all its equipoise, gentleman from Ohio will allow, the Chair will have read the record all its fairness, all its calmness, saw fit to say that the people would as taken down by the official reporters, which sustains the Chair in defy the authorities of the United States in a certain contingency; to the position that the paper came before the Honse by unanimous con­ say that the Army might come here, that the Navy might come here sent, that no objection was made to its reception; and being before with fixed ammunition, that the trappings of war might be rattled the House the gentleman from Ohio [Mr. B.A..'Th'ING] was recognized about the Capitol, but the people, in whose name he assumes to speak, on the question of reference. would rise and overturn the lawful auth01ities. The Clerk read as follows: I do not hold a commission to speak for all the people of the United The SPEAKER laid before the House the proceedings of a citizens' meeting in Cin· States; but I venture the opinion that the man who is most likely to cinna.ti, held December 20, 1876. receive the rebuke of all good citizens of both political parties, just Mr. BANNING. I ask that this may be referred to the committee on counting the now, is the man who suggests violence as a mode of settling auy na- electoral vote, of which Mr. PAYNE is chairman, and that it be printed in the CON· GRESSIONAL RECORD. . , tional question. And it is of the very essence of violence for a repre- Mr. CoNGER. What is that paper1 sentative to appeal to the people to resist the plain processes of law. The SPEAKER. It is an account of a public meeting held in the city of Cinoin- In an hour like this, the man who shakes a brand of fire among the nati touching the present presidential election. ~ · th t 1 d t th · f bli · · th th t Mr. CONGER. I object to it bein~ printed. trams a ea o e magazme o pu c passiOn IS e man a The SPEAKER. The communication will be referred t~ the committee indicated ought to be most severely censured by the fair-minded and jnst peo- by the g_entleman from Ohio, [Mr. BANNING.] The gentleman from Michigan [Mr. ple of the United States. CONGERJ objects to printing in the REcono. ' I ask all members of the House who love the peace and honor of Mr. CONGER. 1\Iy objection was to printing in the REcoRD. I the nation to resist every effort of this &ort. I have an abiding faith wish that corection to be made. in the good sense and justice of the American people. It has led them '!'he SPEAKER. The Chair so understood. safely through much greater peri)s than any which now surround ns, :Mr. GARFIELD. As I said in some earlier remarks this morning, and it will find an honorable and safe way through these. I have no doubt that the Speaker is correct in saying that unanimous All this debate has sprung from a very little matter. 1\ly colleague, consent was given for the presentation of the papers upon his table ; with a strange obliviousness to plain matters of difference, thinks he but what I insist upon is that when this paper has been presented it discovers in the course of the gentleman from Michigan [Mr. CoN- must take the course prescribed by the rule. If the Speaker intended GER] and myself some inconsistency between the position we have to present it for the action of the Honse and unanimons consent was taken this morning and the position taken by us in regard to a certain granted for that purpose, then, of course, the paper "is before the me age from the President of the United States. Let him listen to House. the plain language of the rule of this House. I read it: The SPEAKER. Under what rule could the Speaker present this .All messages from the President are in writing, and are sent to the House by his paper without being compelled to ask the action of the House upon Private Secretary, or such other person as he may dele~~te, and, as in the case of it a-s to its proper reference f · messa«es from the Senate, are announced at the door by tneDoorkeeper and handed Mr GARFIELD If th Ch · will 't to k h will to the 'Speaker, who places them uponhistable, to betaken up whenever the House, · • e all' pernn me remar ' e under the fifty-fourth rule, shnll go to the business thereon. In the case of the see, by referring to any volume of the RECORD or Globe for years annual message, however, it is usually taken up, by unanimous eonsent, as soon as past, that the list of petitions and memorials printed at the close of our received. Wlienever taken up, me sages from the President are always read in daily proceedings embraces often dozens of petitions presented by the extenso, the House never, as in the case of other communications, dispensing with Speaker. the reading of the same. , The SPEAKER. The gentleman eertainly does not wish to confme Now the President sent a message here at an early day of the ses- this question. It is a very simple one. sion. It was his plain duty to send to the Congress whatever infor- Mr. GARFIELD. No, air; but I say that, by consulting the vol­ mation was in his possession to inform Congress concerning the state umes of the REcoRD and the Globe, there will be found, along with of the Union. This is the language of the Constitution: the other petitions at the end of our daily proceedings, petitions pre- . The President shall, from time to time, give to the Congress information of the sen ted by the Speaker. · state of the Union, and recommend to their consideration such measures as he shall The SPEAKER. The Chair will state to the gentleman from Ohio, judge necessary and expedient. who surely will agree with him, that when a paper comes before the 1 If the President hears that the cholera or the plague is approaching House by unanimous consent it is then under the control of the our shores on some vessel, even if his information be only a rumor, it House. may be his duty to send a message to Congress laying that informa- Mr. GARFIELD. Certainly I admit that. tion before them. He may send ns even the faintest rumor that in The SPEAKER. And the Chair has no authority to control such a his judgment it is important for Congress to know. question; if he had it would be a very arbitrary power to be exer- In plain pursuance of his constitutional duty the President sent a cised by a single individual. message to Congress communicating the alleged facts concerning the Mr. GARFIELD. I admit that freely; and I say in this connection count of the electoral vote of Louisiana. It was here in this House that I presume there was not a gentleman on this floor who did not that a gentleman on the other side, the gentleman from New York, suppose the Chair was presentin& _the ordinary executive communi­ [Mr. WooD,] arose in his place and denounced the message; said it _cations .from the pa-ckage before nim. · 1876. CONGRESSIONAL RECORD-HOUSE. 381

The SPEAKER. The Chair reserved this paper until the end. The mittee was appointed by the President to go and be present at the executive communications were all referred before this was laid be­ count. All of them were republicans, and the returning board being fore the House. all republicans, although the law required it should be composecl of Mr. GARFIELD. The Chair was presenting by unanimous consent men of both parties, this committee, I say, was sent there by the Pres­ the usual executive communications ; and if any gentleman on the ident to view the cou.nting of the vote. While there they found other floor noti-ced that this was a different paper from the others which gentlemen-Ron. Lyman Trumbull, General Palmer, George W. Julian, the Chair had presented, I certainly did not, until a demand was made and other men of like high character who had stood for the right in on the other side to have it printed in the RECORD. That of course its darkest days-and these gentlemen said to this committee appointed showed that the paper was o.f a different character from the others. by the President, "Let us confer together and make a report." And I have said all that I wish to say on this subject, except this: as a how were they answered f My colleague from Ohio [Mr. GARFIELD] mere matter of good order in the House, I shall regret if it be decided and his committee said no. Then the report of the committee on the that all that citizens need in order to have their political speeches and part of the President comes to this Honse and was p1·inted in the resolutions or any proceedings of a partisan character on either side REcoRD. When we att.empt to find out whether that report is true spread upon the pages of the CONGRESSIONAL RECORD is to address or not the other side vote solid against the inquiry. Even when we a communication to the Speaker. come here and undertake to find out if what has been stated by this The SPEAKER. All that is needed to prevent that is the watch­ committee is correct or not, is true or not, when we seek to get to the fulness of the gentleman from Ohio. record upon the subject, they object. Mr. GARFIELD. Of course if the Speaker desires us to e~ect By good fortune I have here what I then tried to get under a reso­ that in the midst of a bundle of executive communications there will lution which wa-s objected to on the other side, and I ask that gen­ be a private document of a political character-that we shall not be tlemen will listen to the reading of what I send up to the Clerk's advertised in advance that it is not an executive communication, bot desk. It is the order of General Sheridan in 1867; also his letter to one for which the Speaker asks unanimous consent-if the Speaker the Secretary of War in reference to GovernorJ.:Madison Wells, who desires to take that attitude I shall regret it, but we must conform was the president of the Louisiana return in~ board. I want the order OM action to his decision. and letter printed in the RECORD, so that tn.e country may know the The SPEAKER. The title of this paper which was read is "pro­ opinion of General Sheridan of the president of that returning board ceedings of a citizens' meeting in Cincinnati, held December 20, 1876." which has beensohighlyindorsed by the committee of which my col­ The Chair withheld nothing from the knowledge of members of the league was a member. When the people of the cotmtry reacl this House; and he is at a loss to see how any gentleman could justify for record they will not be surprised at the astonishment which I have ex­ a moment the retention of that paper by the Chair for any reason or pressed that any committee of gentlemen should indorse thechairma.n purpose whatever. of the returning board who is here referred to. Mr. GARFIELD. If the Chair will permit me, no one has proposed The Clerk read as follows : its retention. HEADQUARTERS FrFrH MILrrARY DISTRICT, The SPEAKER. Then what was the Chair to do with it Y Ne1.o Orleans, June 3, 1867. Mr. GARFIELD. Refer it. His excellency the governor of Louisiana, J. Madison Wells, having made him­ The SPEAKER. There were two ways open to the Chair: one to self an impedinient to the faithful execution of the act of Congress of March 2, retain the paper and the other to present it. The gentleman has 1867, by directly impeding the general in command in the faithful execution of the law, is hereby removed from tlie office of governor of Louisiana., and :Mr. Thomas l'ltated that the Chair would not be justified in retaining it, and there­ H. Durant appointed thereto. Mr. Du:rant will be obeyed and respected accord· fore it necessarily followed that the Chair would be justified in pre­ ingly. sentin(J' it. By command of Major·Geneml P. H. Sheridan. Mr. GARFIELD. If the Chair will permit me further, I will state GEORQ-E L. HA.RTSUFF, that there is a box provided at the Clerk's desk where petitions are Assistant .A.djutant·Genera1. filed under the rule. If the Speaker holds that all petitions presented Wells refused to obey this order; whereupon General Sheridan issued th.e fol­ by him are in an ezceptional situation, it is iJllportant that we know lowing: HEADQUARTERS FIFI'H "MILITARY DISTRICT, it and govern ourselves accordingly. New Orleans, La., June 7, 1867. The SPEAKER. This came to the Honse addressed to the Speaker Sm: Governor Flanders has just informed me that he has made an official demand in his official capacity, and did not come to him as a Representative of on you for the records of the office you have heretofore held as the governor of the State of Pennsylvania. Louisiana, and that you have declined to turn them over to him, diSputing the Mr. BANNING. Mr. Speaker, my colleague regrets that I should right to remove from office by me, which right you have acknowledged and urged on me up to the time of your own removal. take occasion to make so excited a speech at this time. I therefore send Brevet Brigadier.General James W. Forsyth, of my staff: to notify We of this side have sat quietly in our places and had canse tore­ you that he is sent by Die to eject you from the governor's room forcibly, unless gret that the conduct of my colleague and those who act with him you consider this notification eqDivalent to ejection. should have been such during this session as to make it necessary for P. H. SHERIDAN, us to take the action we have. Major. General U. 8. A., Commanding Fifth Military District. He says the country is in a dangerous condition, and that we ought Mr. J. MADISON WELLS, w.governor of Louisiana, New Orleans, Louisiana. to proceed carefully and cautiously. I agree with him, and surely Wells's conduct as governor had been notoriously corrupt. He had illegally this side of the House has done that ; and let me tell the other side appointed a. board of levee commissioners, who were authorized to hold over by an act of the Legislature, and a conflict of authority ensued, and in the mean time the we will continue to do it. We will go forward quietly, doing our Mississippi overflowed and great damage was done to property. There was an duty; and in so doing will not be deterred by anything or any power. appropriation of $4,000,000 made by the Legislature for repairs of the levees, and I thought, Mr. Speaker, the time had come for us to say something. Wells wanted to finger some of this money. General Sheridan, in a letter to Sec­ When my colleague made the report which was presented to the retary Stanton, dated J nne 3, 1867, eXlllaining the action in removing Wells, said : ".After the adjournment of the LegiSlature the governor of the State appointed Honse, the Speaker made the same decision then that he has made a board of his own in violation of this act, and ma.de the acknowledgment in per· this morning. That report came here signed by my colleague [Mr. son that his object was to disburse the money in the intere t of his own party by GARFIELD] and others; and I ask the Clerk to read that part of the securing for it the vote of theemploy6s at the time of the election. The board con· tinned m office, but the Legislature refused to turn over to the governor's board, report which he signed which I have marked. and each side appealed to me to sustain it, which I would not do. The que tion The Clerk read as follows : must then have gone to the court-s, which, according to the governor's judgment The great national importance of the duties to be performed by the board in­ when he was appealing to me to be sustained, would require one year for decision. vested each member with much interest, and as many reports had been circulated Meantime the State was overflowed. The levee boards were tied up by political concerning them, we were led to make some inquiry as to their individual history. chicanery, and nothing was done to relieve the poor people, now fed by the charity •rwo of them, Hon. James Madison Wells, president of the board, and General of the Governmentaud charitable associations of the North. I say now, uneg_uivo· Thomas C. Anderson, next senior member. are southern.born, and of old and highly cally, that Governor Wells is a political trickster and a dishonest man. I have respectable families. The father of the former was Bon. Levi Wells, of the parish seen him myself, when I first came to this command, turn out all of the Union men of Rapides, who in 1812 represented it in the convention called to frame the consti­ who bad supported the Government, and put in their stead rebel soldiers, some of tution of the State of Louisiana. The son received a liberal education and was early whom had not yet dropped their gray uniform. I have seen him again, during the en~aged in the care of the planting and other interests of his father. He was a July riot of 1866, skulk away where I could not find him to give him a guard, instead -Union man from the time the war broke out, and, although he suffered greatly by it of coming out as a. manly representative of the Stateandjoiningthosewho were pre­ in the loss of property, he never faltered in his devotion to the Union cause. Under serving the peace. I have watched him since, and his conduct has been as sinuous the Banks reconstruction scheme he was chosen lieutenant-governor on the ticket as the mark left in the dust by the movement of a snake. I sa7 again that he is with Hon. Michael Hahn, who was elected governor, and upon the election of the dishonest, and dishonesty is more than must be expected of me.' · · latter to the Senate, a year after, Mr. Wells became governor of the State, to which In communicating with General Grant on the removal of Wells, General Sheri­ office he was almost unanimously re-elected under the reconstruction plan of Presi­ dansaid: dent Jolmson. His experience in public life has been great and varied, and his ca­ "He has embarrassed me very much since I came into -command by his subter· pacity to discharge the duties as11umed cannot be questioned. fnge and political chicanery. This necessary act will be approved by every class Mr. BANNING. Now,Mr.t;peaker,acommitteeof this Honse, com­ and shade of political opinion here. He has not one friend who is an honest man." posed of a majority of republicans, had more than two years ago re­ [Laughter.] ported that the State of Louisiana was a democratic State. They re­ Mr. SPRINGER. I ask that that part be again read. ported that the officers elected by this returning board were not the 'l'he SPEAKER. There being no objection, it will again be read. officers elected by the people of that State. They turned out legisla­ The Clerk again read the last paragraph. tors who had been elected by this returning boaru and maintained in Mr. BANNING. That was General Sheridan's opinion of J. Madi­ their places only by the Army. A year after this committee of this son Wells in 1867. House reported that this returning board waa illegal a distinguished Mr. GARFIELD. J. Madison Wells was then Andrew Johnson's lawyer on the other side had pronounced the board to be both illegal democratic governor. and unconstitutional. This returning board, composed entirely of re­ Mr. BANNING. And now the president of this returning board publicans, counted the vote of Louisiana again this last fall. A com: your committee indorsed. 382 CONGRESSIO.NAL RECORD~HOUSE. DECEl\'ffiER 27,

The Clerk proceeded '!ith the reading, as follows : and his friends went crazy over this testimony of General Sheridan General Grant approved the action of General Sheridan in removing Wells. All that these Louisianians who were committing murder and every other the letters tele!ITaiilS, orders, and other communications from Sheridan on the outrage were banditti. And they held public meetings, I presume in subject of Wells'?a removal with Grant's indorsement thereon would be interes tin~ reailing now in connection with the hi2h eulogium which Senator SHERMAN anu Cincinnati-they did in Boston, they did in New York-denouncing Representatives GARFIELD, HALE, and ltELLEY pronounced upon the political trick­ General Sheridan because he bore such testimony against murder and ster and dishonest man who was removed by Sheridan in 1867, and who is now a outrage in that State. And yet, now, the gentleman ays the people trusted Federal office-bolder and president of the returning board which counted will and ought to condemn Wells, because General Sheridan in hea.t in the Hayes electoral ticket of Louisiana, and excitement declared that he (Wells) was a scoundrel. And whyf · Mr. BANNING. Now, Mr. Speaker, is this the man whom my col­ Because 'V"ells was the democratic or conservative governor of the league would have thrust his honest hand into a dishonest ballot-box and State of Louisiana, and was administering the functions of that office cleanse it of the gm·e and fraud that i~ in it? This man who is pronounced in behalf to a certain extent, of those who had been in rebellion by Sheridan to be dishonest to his own personal knowledge and that against the United States Government, and Sheridan could see no he has not one honest friend in the State of Louisiana. Is this the good in a man who was granting favors, the favors of peace, to men man who is to change the 8,000 majority for Tilden to 4,000 majority who had only a year or two before been in arms against the Govern­ for Hayes t And, Mr. Speaker, shall this House sit still when the ment. The motives of Governor Wells may have been the promotion President sends a report here which says that this man was a Union of pea{le, the establishment of harmonyj Lut the memories of war man during the war while General Sheridan says in 1867 that he was were too fresh for Union men of the North to justify his conduct. not f But, Mr. Speaker, it is no crime to have been a confederate That time to-day has passed. I do not stand here to say that I can provided you become a member of the republican party now. In see no good in a people who clothe with power men who were in 1867 Sheridan removed Wells from office and denounced him as a con­ arms against the country. I can say for myself that I would rather federate sympathiser and said that he was dishonest; that he put into see men who were so in· arms, who went through the perils of warfor place men who had not ceased to wear the gray uniform. Now this that which they honestly believed to be right-I would much rather committee reports to this House sustaining the action of the return­ see them in power than the men who, up in Ohio and up in theNorth, ing board and appeals to the country to sustain their report because shouted encouragement to the South, then went back on them, only Wells was a Union man. He was dishonest in 1~7 when he did not daring to show a mawkish sympathy when they were routed and a do what the republican leaders wanted him to do. But, according to devilish joy when tb~ywere victorious. I have very much the opinion the republican committee's report, he is honest in 1876 when he makes in relation to copperheads that the President of the United States the return of the Louisiana vote which will elect a republican Pres­ expressed and of the purpose they had in the war, and what they ident when the people of that State had by a vote of more than eight accomplished in its prolongation; so no remark of mine should be thousand chosen a democrat. talfen as a reflection on any gentlemen who hold po itions in the ad­ I ask my colleague from Ohio [Mr. GARFIELD] does he expect us to ministration of State governments now, and who held positions in sit still here and believe this report of this committee when the mem­ the Southern army. But, sir, when General Sheridan made his charges bers of the committee itself and all that side of the House refused us against Governor Wells it was just after the heat of battle was over, this public record that ought to be seen by every man, and the read­ it was just at the time Johnson had become President of the United ing of which discloses the reason why you do not 'Yish to let us have States, and there did seem to be danger in the course which was being it printed! All that I want or hope for is for a fair and honorable pursued. way out of our difficulties. Every honest man hopes for that; every Again, why does not the gentleman take the testimony of General good citizen hopes for that; every member of this Hous~. whether Sheridan in relation to the State of Louisiana, who himself declared democrat or republican, should labor for that; and the way to reach to me, personally, when I was there on a committee, and showed me that end, Mr. Speaker, is not by forcing us to believe a partisan re­ papers substantiating his declaration, that he had sent United States port but by giving us all the facts, investigating everything, and find­ officers over that State for the special purpose of finding out how ing out whether or not that returning board reflected the opinion of many political murders had been committed since the rebellion, and the people of Louisiana. The country does not believe it does. And the circumstances of those political murders-declared to me, I say, let me say to gentlemen you must give Wells a better character than producing papers to sustain it, that he found there had been nearly Grant and Sherman have given him, if you would have the country three thousand such murders f In the nineteenth century, in a State have confidence in his report. of the American Union, in time of peace, nearly three thousand col­ Now, Mr. Speaker, I desire to say just one word more. The next ored men had been murdered because they were republicans! Why clause of this report that we have says that General Anderson of the does not the gentleman take that testimony as well as this of Gen­ returning board is a cousin of the distinguished General Anderson of eral Sheridan in relation to Governor Wells, made in the excite­ Fort Sumter. Well, they may have heard that in Louisiana; but if you ment and heat of those times! The statement I have quoted was go and tell that to Lozey Anderson and Governor Anderson, of Cin­ made deliberately and after careful examination, without heat, with- cinnati, the brothers of the general, it will be news to them. I am out excitement. · advised that if he is a member of the family they have not heard of Now, as to Governor Wells: The first section of our committee which it until the appearance of this report. went down to Louisiana reported or said-1 have forgotten which­ [A member from his seat made a remarkinaudible at the reporters' that Governor Wells was afraid to appear before them and did not ~~] . te tify. When our section of the committee arrived at New Orleans Mr. BANNING. I will not say that of him. I do not know him. I and went to the court-house, we found Governor Wells there. He am only stating what I am told. was not afraid to appear before the committee, and he testified that Now, Mr. Speaker, why is this f ·why is this appeal made to the he had no knowledge whatever that any committee had been in New people of the North, that Wells was a Union man, and Anderson a Orleans; that when it was there he was sick in his bed; that when Union man ! Did they expect to stir up the minds of the northern he heard the committee was coming he at once, sick as he was, left people with the notion that the confederacy was bearing down hard his house and went to New Orleans and came to the court-bouse to upon them f Why, sir, there are more men in the North who will bear testimony before that committee, which happened to be ours. take Sheridan's opinion as to the loyalty or disloyalty of 'Veils in Now, Governor Wells was an old whig in Louisiana, and tho e old 1867, especially when he removed him because be was a dishonest man whigs there do not love the democracy a.ny better than I have been and was sustained in that action, than there are who will believe the brought up to love it. They see no good in it, as I never have seen report of this committee, and who are afraid to have their report con­ any in it since I have b~en a voter. When they were put upon the tradicted by the testimony in the War Department. witness-stand and we asked them if they were democrats they were I have but one word more to say. Gentlemen say they regret that angry in a moment, felt insulted, aggrieved, and declared that never this comes on now. We have been told that vigilance is the price of were they democrats and never would they be; that they were con­ liberty, and the people of the country believe it. These reports of servatives. proceedings at meetings of men of all parties are the best evidences to Now, as I have said, Governor Wells was an old whig in the State us that the people have lost confidence in the lead of gentlemen on of Loui~iana and when secession was talked about he was a man worth the other side, and are afraid that their liberties are to be subverted; two or three hundred thousand dollars; he owned two great· planta: and they are evidence further that they will not permit it to ba done. tiona; he owned two hundred slaves. He had been well received jn · 1\lr. FRYE. The fact that a great many men in this country now the best society in the State, and surely he could find it in the olcl are talking much aa the gentleman from Ohio [Mr. BA....~G] talks whig party in that State. He had been on most intimate terms with about war, a:q.d yet that gold stands to-day at 108t and 109, and not leading men and had been received on equal terms into the best fam­ at 150-- ilies of Louisiana. He was welcomed as the conservative governor :Mr. WILLIS. That is because Tilden is to be inaugurated. of Louisiana and strove to bring hea~ into the affairs of the State Mr. FRYE. Shows clearly to my mind that the people the gentle­ bytreatin~ men who had been in the rebellion as he treated Union men. man is talking about do not take any stock in this democratic cry of Now, bemg a whi(J' when secession was started, Governor Wells be­ war. They do not believe there is to be any war. They are not ea.sily gan at once to speak against it, andJ:leing a man of coura~e, he did frightened by gentlemen like the gentleman from Ohio, who talk not hide his light under any bushel. .tie spoke openly, be spoKe boldly, about the people coming here and stripping men from power; and he spoke everywhere a-s freely as the distinguished vice-president of they will not take much stock either in the gentleman's new admira.­ the southern confederaey spoke down in the State Oif Georgia. Then tion for General Sheridan. A short time ago General Sheridan sent when secession grew riper and bolder they raised a company, or I be­ a dispatch north from Louisiana, where be had been himself examin­ lieve two, of the democrats and secessionists and marched them up ing for some six months, indicating that in his judgment a portit>n of into the parish where Governor Wells lives to take him, hold him, and­ the people of Louisiana were bauditti, and the gentleman from Ohio .see to i~ that he should not speak for the Union and the flag longer. 1876. CONGRESSIONAL RECORD-HOUS~. 383

Governor Wells then left his houses, his horses, his cattle, his negroes, lie press, that not an honester man to-day walks the streets of New his wife, and his children for love of the flag, and went into the swamps Orleans than that same Packard, so derided and hissed and hooted of Louisiana and for a year and a half never came out of them. He because, forsooth, he is a carpet-bagger. raised a company of seventy men who, like himself, were lovers of the And my own city furnished two mayors of the city of New Orleans flag and lovers of the Union, and they lived with him in the swamp. long before you down there knew what the word "carpet-bagger" They taunted them as jay-hawkers; they hunted them with blood­ mea.nt. hounds. They burned his houses; they took his cattle; they took his Crossman, from my city, was mayor of New Orleans for I think four horses. His family wa.s separated, and he got out of the swamp only years-a good mayor, an honest gentleman-not a "carpet-bagger," when New Orleans was captured. What devotion to the Union! because there had been no war then. what love for the flag! what suffering, what peril, what sorrow en­ Our destinies are with yours ; our prosperity is tied up with yours. dured for the country! Can such a man be a scoundrel t We want to see peace. We have no enmity toward you-not the When he was a witness before our committee, in the court-house, sliuhtest. We will do you no harm. there were at least one hundred and fifty leading rebels present. AMEMBER. Let us alone, then. Three or four of them were well-known murderers; everybody knew Mr. FRYE. And we will "let you alone" if you will let the col­ them to be murderers. One of them, a member of the conservative ored men vote. senate, I think, was engaged in the Grant Parish murders. He board­ Mr. ATKINS. No prominent man in the South is opposed to that. ed at the Saint Charles Hotel with me, and I knew him well. Three Mr. FRYE. I understand the gentleman to say that no prominent or four others had been participants in the terrible outrages of 1B68 man in the South opposes it. and 1872. Your candidat e for governor, Mr. Nicholls, a gentleman Mr. ATKINS. Nor any not prominent, so far as I know. whom I respect, and admire too, was sitting there all the while. I Mr. FRYE. Will the gentleman take the testimony of General became well acquainted with him. Sheridan that 3,000 persons have been murdered in Louisiana because I asked Governor Wells in relation to his former life, in order to they desired to exercise the right of suffrage Y show by his testimony that the statement that he was a scoundrel Mr. WILLIS. I will not. was a new discovery, never known until secession became known and A MEMBER. Nor I, without a good many grains of allowance. he showed himself to be a firm Union man. He told these men there Mr. REAGAN rose. that they called him a jay-hawker. Said he to them "I had rather :Mr. FRYE. Does the gentleman from Texa.a wish to a,gk a question f be called a jay-hawker, I had rather my children would know me in :Mr. REAGAN. Not to a.sk a question, but to make a statement. memory as a jay-hawker, than be called a traitor, as you men are Mr. FRYE. I do not yield for that. Mr. Speaker, gentlemen say called," pointing to these men in the room. Did that show want of they do not believe this statement of General Sheridan. I do not courage t Did that indicate that he was a man to run away T know what will convince the democratic party that outrages h::we Again, I a.sked him if he wa.s afraid of assassination. They had at­ been committed against voters in the South. For some time I de­ tempted at lea.~t twice or three times to assassinate him. He said : spaired even of many republicans ever yielding credit to the terrible "Yes, I do fear it, for these men here hate me with a vindictive hatred barbarism existing in some States South. But I say, from the day because I love the flag. They, hating the country and hating the flag, when a republican convention was assembled in Mechanics' Institute dare assassinate a man in the dark with a knife or the bludgeon or in 1866 and when three hundred democratic policemen marched up to the pistol. Sir," said he, "I do not fear these men in the open day, that hall and, platoon by platoon, fired ball cartridges into that peace­ or in the night if they will give me notice. No twenty of them dare ful body, and then when men jumped out of the windows and fell attempt to assassinate me and let me know it." upon the hard sidewalk with broken arms and broken legs, and prayed When the governor was through I said to General Nicholls: "Was for life, more than four hundred of the same class of w bite men brained that boasting on the part of Governor Wells 7" Said General Nicholls: them with their muskets as they lay on the sidewalk, so that in "No, sir, it was not; it was every word of it true; that man does not less than one hour's time two hundred and sixty men were killed ; know what the word' fear' means." That, sir, was the testimony of and when two hundred were gathered together by the agents of the a man whom I believe to be honest, the candidate of the democratic Freedmen's Bureau and carried to the marine hospital, these men party for governor of Louisiana. Now as a committee we found, formed a line on New Canal street and for half an hour fired ball cart­ notwithstanding the assertions which have been made here-- ridges into the hospital itself-from that hour down to the present Mr. WILLIS. By Sheridan. time Louisiana ha.s been a barbarism. :Mr. FRYE. Not by Sheridan at all, but by gentlemen on this floor, Mr. WILLIS. Under republican administration. in relation to the report of our committee. We found that, and I Mr. FRYE. Under republican aWilliam Pitt Kellogg and S. B. Packard. Sir, the blood of the voters, and when the election wa-s over took the ballot-boxes and the negroes at Colfax is upon the hands of S. B. Packard and William deposited them with men of their own sort and kind f Where came Pitt Kellogg. They are the heads of the republican party in the in the opportunity for democratic frauds f Sir, it is preposterous and State of Louisiana, although I am almost disposed at times to acqui- absurd. And as regards the charge that they were "red with blood/' esce in the proposition made by Mr. Greeley after his extended tonr will the gentleman from Ohio be kind enough to point me out one of through the South, who when he came back to New York said: "My the boxes "red with blood f" friends, you are mistaken; there is no republican party in the South ; Mr. GARFIELD. With plea-sure. there are but two parties there, democrats and thieves." [Laughter Mr. SPENCER. I will be oblige~ to the gentleman it he will do and applause.] so. I say that the blood of the negroes at Colfax rests upon the hands Mr. GARFIELD. Does the gentleman want me to do it now f and upon·the head of Mr. Kellogg and the men who surround him and The SPEAKER pro tern.pore, (Mr. CLYMER.) Does the gentleman instigated him to all his mischievous conduct in that State. Such is from Louisiana. yield to the gentleman from Ohio f the testimony of Ward and such the testimony of Flower, who were Mr. SPENCER. I want him to tell me wherein the State of Louisi- leaders in that contest. · ana on the day of election there wa-s any killing. What were the motives which actutt.ted 1\Ir. Kellogg in stirring up Mr. GARFIELD. Will the gentleman allow me to read from the that strife f It was for the purpose of making political capital. He report f 1 cared nothing about the lives of forty, fifty, or a hundred negroes. Mr. SPENCER. I do not a-sk the gentleman to read, but to state It wa-s only fuel added to the flame with which he expected to fire the places where the ballot-boxes were "red with blood." 1 the northern heart. That is the secret of the Colfax affair. Mr. Kel- Mr. GARFIELD. I will refer the gentleman to pages 340 and 341 logg armed those people. He furnished them with Government guns. and the two following pages of the report, being the examination and He furnished them with ammunition. He did all this to bring about cross-examination before the returning board of Benjamin James. this conflict. He went to work deliberately and installed and commis- The custodian of the ballot-box was seized, the ballot-box was taken sioned two sets of officers in that parish and then refused to interfere from him, and he himself shot three times and left for dead. He was for the purpose of preserving the peace. Any gentleman can get up before the board with his wounds unhealed, and the testimony was and in round numbers talk about three thousand political murders. undisputed and unshaken by any of the cross-interrogatories. I, who have lived there all my life, say that the statement is absurd Mr. SPENCER. In what parish 7 and without foundation in truth. . Mr. GARFIELD. In Ouachita Parish. It is useless for me at this time to·follow up the gentleman in the · Mr. SPENCER. The gentleman is reading now from that sweet remarks he has made aspersing the character of the people of Louisi- mess that· was brought up here by Senator SHERMAN. ana.. But I will say this, and such I believe will be the verdict of Mr. GARFIELD. If the gentleman pleaaes, I am reading from the the American people, that the people of the State of Louisiana have testimony which waa taken by both political parties before the board, exhibited a degree of courage, a degree of forbearance, of magna.- there being a cross-examination by the democratic lawyers as well as nimity, that is sublime. If the people of the State of Maine had put an examination-in-chief. upon them what the people of the State of Louisiana have had, the Mr. SPENCER. !knowhow thattestimonywastaken. Itia simply gentleman himself would have become a red-handed revolter against ex parte. the despotism of such an infamous tyranny. Every executive office Mr. GARFIELD. Ex parte I The cross-examinations are all here. in the State is in the bands of Mr. Kellogg and his followers; every The SPEAKER pro tentpm·e. The gentleman from Louisiana has the judge in the State is his appointee; and does he or his officers make floor. any effort to arrest men who he says are guilty of these crimes! No, Mr. SPENCER. According to the gentleman's own statement, this not at all. He never thinks of such a thing. WhyY For the reason transpired after the election closed. that nine out of every ten are men in buckram. Those brigands the Mr. GARFIELD. No, sir. If the gentleman will allow me I will gentleman from Maine taJks about are the same kind of men that explain th!1t. . Falstaff met at Shrewsbury. [Laughter.] I will say further to the Mr. SPENCER. I thought the gentleman stated the box was being gentleman from Maine, that as a citizen it was his duty, when in- brought by this man to the county-seat. Why, Mr. Speaker, the gen­ formation came to him there of these high-handed murders or wrongs, tleman's memory cannot be so bad and so defective that he does not to have gone before the court, made proper affidavit, and had war- know how these affidavits are made up. Sir, I could go down to the rants issued. New Orleans custom-house and have a bushel of affidavits manufact- The gentleman has drawn a very graphic picture, a beautiful eulogy ured that would, if they were to be believed, convict the gentleman on J. Madison Wells. He has said that that distinguished man had himself of arson or any other crime known to the world. They manu­ access to the best families of Louisiana. I am afraid the gentleman factured them by the ream in 1874. A. United States commissioner does not know the best families in Louisiana if he thinksJ. Madison absolutely manufactured affidavits and sent them there ready to fill Wells has now or ever.,did have any access to the bestfamilies there. orders according as Wells, Anderson & Co. desired them. He haa further described, in graphic terms, J. Madison Wells, in the Now, sir, we say all that kind of talk will do with those who do not swamps of Louisiana. Mr. Spea.ker, if I were to credit what I hear, understand it; but to us who were there mingling in that election, he was once known as a "swamp angeL" It is useless for the gen- taking an active part in it every day and every night, the thing is tleman to try to galvanize and to brighten the character of J. Madi- simply ridiculous. The gentleman has specified but one instance son Wells. It admits of no extenuation. It admits of no defense. where the election officer, he said, was assaulted and beaten on the Every act that he has performed as an official from the close of the night after the election. Does that account for eight thousand ma.­ war to this day has resulted in his public condemnation. A.nd now jority being rejected Y They rejected all that parish except one poll there is piled upon his head an amount and a volume of iniquity that which went republican. As the gentleman has specified one instance is mountain high. I now make the assertion here that on the day when that election The gentleman from Ohio [Mr. GARFIELD] is at least entitled to the closed in the State of Louisiana there had not been a riot, there had credit of perpetrating some very bold figures of speech. He says the not been a tumult, not even a fisticuff encounter within the broad ballot-boxes in Louisiana are reeking in fraud and red with blood. limits of the State. Bear that in mind, and then bear in mind that Mr. GARFIELD. The gentleman will allow me-l did not say the number of votes caat on that day was larger by several thousand all the ballot-boxes, but that there were some. than was ever cast in the State before. Bear in mind that the bal- 1\Ir. SPENCER. Very well," some of them;" I will take the cor- lot-boxes wlllch contained the ballots were not in our custody; that rection. The gentleman says some of the ballot-boxes in Louisiana we were never permitted to touch them; that we were not permitted are reeking with fraud and red with blood. Well, all I have to say to come within six feet of the polls, and then tell me if you will that ist it is republican fraud and republican rascality if such iB the fact; the white people of that State were guilty of fraud and guilty of in­ because, sir, no democrat in the State of Louisiana. had the opportu. timidation at that election. How does the gentleman account for 1876. CONGRESSIONAL RECORD-HOUSE. 385 t bat state of things f Did not his own people hold the ballot-boxes T by putting up a Mrs. Pinkston, the occupation of a great m~ny of my Did not his own men receive the ballots from the hands of the voters T friends on the other side of the House will be gone. Why, sir, that Does not the election-law of Louisiana allow the commis1sioner to chal­ Pinkston -affair is the boldest, baldest, barest fraud that was ever lenge an

386 CONGRESSIONAL RECORD-HOUSE. DECEl\ffiER 28,

The SPEAKER. The Chair was going to set the gentleman right. LEAVE '00 PRINT: He need not fear that the Chair will not tlo him ample justice. The Mr. BLAIR, by unanimous consent, obtained leave to have printed Chait· understands the position of the gentleman from Michigan to be in the RECORD remarks upon the joint resolution introduced by him that of objecting to the printing in the RECORD. proposing a constitutional amendment in regard to the manufacture Mr. CONGER. That is the only objection I have made, and I de­ and sale of intoxicating liquors. sire the truth to appear. Mr. KNOTT. I move that the Honse now adjourn. 'rhe SPEAKER. Rule 141 relates directly to the question ~f read­ The motion wa.s agreed to; and accordingly (at two o'clock and ing papers. That rule declares- fifty-five minutes p.m.) the House adjourned. When tho reading of a pap r is called and tho Pame is objected to by any member, it shall be determined by a vote of tho Honse. In accordance with this role the Chair will now submit to the PETITIONS, ETC. House the question, Shall thh~ communicatiGn be read T The following petitions, &c., were presented at the Clerk's desk The question was decided in the affirmative. under the rule, and "referred as stated: The Clerk read as follows ~ By Mr. KIDDER: A paper relating to the establishment of a post­ CINCINNATI, Duember 23, 1876. route from Marshall, Minnesota, to Fort Pierre, Dakota, by way of DEAR SIR: As instructed, !"herewith inclose copy of re olntions adopted at a Lake Hendricks and Oakwood, to the Committee on the Post-Office meeting of citizens held in this city, on tho 20th instant, at which Hon. Henry StanbeiTY was president. • and Post-Roads. Very respectfully, your obedient servant, By Mr. WOOD, of New York: The petition of cigar-makers of New JOHN D. BANKS, &trt.ta'l1!. York, for the amendment of the revenue laws so that they can pur­ Hon. SAMUEL J. RANDALL, chase stamps without giving bond, to the Committee of Ways and Speaker Houu of Repruentatives, Washington, D. 0. Means. Also, the petition of Henrietta. Stringham, widow of the late Rear­ Preamble and resolutions of citizens' meeting at Pike's Opera House, Cincinnati, · December 20, li:j76. Admiral Stringham, for a pension, to the Committee on Naval Affairs. Tho public mind is filled with apprehension and alarm at the course of recent events m our political history. Thi.s course seems to tend to the dreadest of all .'' ' . issues which can be presented to a civilized and free people-to the alternative be­ tween violence on the ono hand anll conscious submission to a wrong subversive of tho very foundation of civil liberty on the other. · We believe that this fatal course can be arrested, ii all good citizens will at once HOUSE OF REPRESENTATIVES. come to an understanding as too. few simple principles without which that union of liberty and order which constitute tho basis of our national life is a manifest THURSDAY, December 28, 1876. impo sibility. · . . To this end, The Hoose met a.t twelve o'clock m.' Prayer by the Chaplain, Rev. Be it ruolv~d, That the Government of the United States is founded upon univer­ I. L. TOWNSEND. sal suffrage, the free and fair exerciso of which under the Constitution and laws of the respective States is the most sacred right of tho citizen. The Journal of yesterday was read and approved• . .Resolved, That all attempts arbitrarily to abridge or interfere with this right of necessity tend to anarchy and revolution; that tho deprivation of this right upon JAMES M. HUSTON. tho allegation of violence or fraud in its exercise is tho sev••rest penalty which can Mr. HEWITT, of Alabama, by unanimou8 consent, introduced a bill be viRited upon American freemen; that such a penalty ought, therefore, never to be inflicted, except upon clear proof before a competent and impartial tribunaL {H. R. No. 4279) for the relief of James M. Huston, a citizen of Colbert RR.solved, That the propo itJon according to wh1ch sentence of disfranchisement County, Alabama; which was read a. first and second time, referred, can be finally and irre>ersibly passed upon members of one political party by a with accompanying papers, to the Committee of Claims, and ordered tribunal composed exclusively of members of the other party-by a tribunal which, to be printed. in v­ Mr. MAISH introduced a joint resolution (H. R. No. 178) authoriz­ ernment by one of our political parties constitutes a sacred trust, which is flagrantly ing the Secretary of the Treasury to pay Mary Fearon and Jessie violated b~ any use of these powers by such party for the purpose of perpetuating its possesslOn of them. Crossin, executrices of Samuel P. Fearon, deceased, for certain regis­ llesolved, That the most dangerous of all usurpations in a free country is that of tered United States bonds redeemed by the Government on forged the functions of civil authority by the military power, and that the use of this assignments and power of attorney; which was read a first and sec­ power, not in the service of tho country, but ~ th~ fnrt.hcrance of the inter~ts of ond time, referred to the Corumittee of Claims, and orderetl to be a party, and the employment of national troops rn times of pe:we to conb'OI or rnfl.u­ euce elections in States or Territories which are not threatened either by inva~ion or printed. by domestic vi~lence, · is an outrage upon the Ii[!hts and liberties of the people. INTERNAL IMPROVEMENTS IN MISSISSIPPI. Resolved, That according to our sincere belief tho rt>ckless attempt of un~crupu­ J.ous politicians to subvert the lights and liberties of the people by unsettlin[! the Mr. HOOKER, by unanimous consent, introduced a. bill (H. R. No. very foundations of justice and introducing the most dangerous innovations in the 4282) for the improvement of the Pearl River, in the State of Missis­ time-honored. usages of our national Government is not countenanced by: the groat body of voters of either of the political parties; that, on the contrary, 1t is tho in­ ~;ippi, and the removal of obstructions to navigation at the mouth of fl exible purpose of the p ople of both parties to preserve their libertiea by main­ said river whe1,"e it empties into the Mississippi Sound, and obstruc­ taining tho Rupromacy of the law against either anarchy or despoti m ; and that tions in said month; which was read a first and second time, referred the .most urgent need of the hour is an earneat appeal to the conscience .of the to the Committee on Commerce, and ordered to be printed. nation. . Resolved, That it is the dut;y of Congress to iusistwith unyielding firmness upon Re also, by unanimous consent, introduced a bill (H. R. No. 4283) the integrity of its constitot10nal righta anll prerogatives, and by their just and for the improvement of Pascagoula. River and cleaning out obstruc­ fair exereise to avert tbe perils which threa.ten the peac and safety of the Republic. tions at or near the month of said river where it empties into the Mis­ Resolved, That until the two Houses of Congretis, either by concurrent or joint sissippi Sound, and deepening the same ; which was read a first and action, shall decl:l.re wbo is constitutionally·elected President, it is tho duty of re­ publir.ans and democrats alike to frown down any declaration by tho excited par­ second time, referre4 to the Committee on Commerce, and ordered to ti. anR of either party that their candidate is elected and shall be inaugurated; such be printed. declarations by the citizens or the press being calculated to rouse passions which FREEDMAN'S SAVINGS-BANK. ma.y lead to ciril war. . · lle.solved, That any d.ooision made by tho two Hoosea of Congress will be cheer­ Mr. DOUGLAS, by unanimous consent, introduced a bill (H. R. No. fully acquiesced in by tho whole people, an

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