1877. CONGRESSIONAL RECORD-HOUSE. 1927
Mr. SARGENT. I believe the time is proposed to be occupied by all precedent.s, all propriety, and, I might say, of common decency, eulogies. had been selected as the chairman of the national executive commit The PRESIDETI p1·o tempore. They may not occupy the whole of tee of the republican partr. His tastes, habits, and force of charac · the time. The Chair refers to the time between the conclusion of the ter give him a wonderful influence over the mind of the President, eulogies and twelve o'clock. and by this appliment the republican party secured to it.self the use Mr. SARGENT. ~ suggest, then, that there shall be no legislative and control of the Army and all the powers of the Administration. business between ten and twelve. ["Agreed."] In the course of the campaign the exigency of the party demands '!'he PRESIDENT pro tempore. It will then be the understanding troops in Louisiana, South Carolina, and ]!'lorida, and at once, without that there will be no legislative business to-morrow until twelve any real cause and without the shadow of authority in law, they are o'clock. The question is on the motion of the Senator from Maine, sent. The pretext is to protect colored voters; the fact is to prevent that the Senate proceed to the consideration of executive business. colored men from voting the democratic ticket. The State govern The motion was agreed to; and the Senate proceeded to the con ments is these States had been organized and sustained for ten years sideration of executive business. After five minutes spent in execu by Federal bayonets. The entire ma.chinery of the election was in tive session the doors were reopened, and (at six o'clock and fifty the hands of the republicans; all the supervisors, clerks, registrars, minutes p.m.) the Senate took a recess until to-morrow, Tuesday, and marshals, with their deputies, were their appointees. There were February 27, at ten o'clock a. m. fourteen hundred supervisors outside of New Orleans and sixteen hundred in the city. There were in all seventy-five hundred employes and tools of the party scattered ovAr the State, distribut.ed to every neighborhood and around every ballot-box; but all this was not enough. They must have troops, and troops were added. HOUSE OF REPRESENTATIVES. The people, white and colored, would not be intimidated. .A.s the difficulties grew their resolution strengthened. Goaded by the out MONDAY, FelJruary 26, 1877. rages and wrongs under which they suffered, and with an energy and power given by despair, they rose superior to all difficulties, and on The SPEAKER, (at twelve o'clock and ten minutes p.m.) The the day of election gave Mr. Tilden a maJority of 10,000 votes. There Chair decides that a new legislative day begins, and the Chaplain was no violence, no bloodshed ; peace and quiet prevailed every will now offer prayer. where; and now at last a glorious victory had crowned their efforts. Prayer by Rev. I. L. TOWNSEND. The news was flashed over the country, andforthemoment it was al The Journal of Saturday was then approved. most universally conceded that honesty and reform had triumphed and ELECTORAL VOTE OF PENNSYLVANIA. that Mr. Tilden was the next President. But hold t a voice is heard from the administration: there must be no surrender and the State Mr. CHITTENDE)T. Mr. Speaker, I desire to say a few words for must be counted for Hayes. It can only be done through the return our country, which I hold to be something better and more than any ing board, and only then through fraud. But even this board hesi political party. For more than twelve months the leaders and the tated and trembled to-enter upon their work of infamy. They re rank and file· of both the great political parties which divide this quired support. They needed advisers. Nothing short of the voice country have been engaged in a hand to hand struggle for suprem and power of the administration would afford indemnity against the acy, in constant neglect of vital public interests. For more than eight consequences of their great crime. That voice is heard. .A. number months, since the nominations for the Presidency were made, the peo of gentlemen are requested to visit New Orleans "to see that there is ple at large have taken an unusual interest in this uncommonly in a fair count;" and with this request comes the further announce tense contest. If we look over the record of the proceedings of this ment "that no man worthy of the office would hold it by fraud." We House we shall find that, including the thirty-two speeches for which recall at once the memorable words, "Let us have peace;" "Let no leave to print was granted on Saturday last, there have been made guilty man escape;" "The reuublican party must unload;" and now and put into the RECORD within the last month here several hun "There must be a fair count." Miserable deception, base subterfuge. dreds of partisan speeches. I think, Mr. Speaker, that it is high .A.s in the former, so these words mean just the reverse of what they time for us to stop for a single moment to inquire the cost to the peo express. ple of this partisanship; and I wish especially to inquire the cost of Who is selected to stand between the two great parties, maddened eontinuing it for another year, under the Constitution and the laws by excitement, and to see to it that justice waa done and a fair count and the precedents established by the commission f I want to know had f Common honesty, common sense, and common decency would if any gentleman has an arithmetic competent to compute that cost. say at once they must be men of both parties ; moderate, conservative, Such are the questions which come to us to-day in all our letters, over just and as far as possible removed from the infiuence of either can all the wires; they come to the Representatives of the American peo did~te. But this did not snit the purposes of the conspiracy, and other ple from every whither. men are selected. Among them we find the distinguished Represent I know that honorable gentlemen upon the other side of the House ative from Maine, a. republican of the straitest sect, taken from the concede their defeat, that they have frankly and unqualifiedly stated bosom of the President's political family, and the son-in-law of his their purpose to accept t.he decision of tne great commission which administration. [Laughter.] Yes, sir, I mean what I say; for the they themselves organized. But why this delay over a trivial objec chairman of the national executive re:publican committee was indeed tion Y I know that it is the business of lawyers to" make the worse the-Administration during the campaign•. This, gentlemen, is~ for appear the better cause," and the weak the stronger. I know that tunate selection for Mr. Hayes; he 18 the vicegerent of the President they are paid alike for defending the wicked and the just, but J have and the mouth-piece of his administration. He always baa a lordly and also observed that the final judgment of the highest courts on earth is impressive air; he walks like a lord and talks like a lord, and in con usually in harmony with the average common sense of mankind. sequence of this there has been a suggestion that he is a lineal de That is almost always true, and I venture to predict in this presence scendant of Lord Hale, and the inference is that his name is inherited. that if this question which has now delayed the Honse for a full day, He arrives at New Orleans; he feels the importance of his work, and is practically, could be submitted to a jury of twelve men, or of twelve more lordly still. The board is fully impressed; the two colored mem hundred men, or twelve thousand men of good common sense, they bers cannot repress their satisfaction with and admiration of the would say unanimously, in either case, that there was absolutely man, and it finds expression in the following couplet: nothing in it. Now, in the name of our common country, why on the verge of this Massa HaJ.e. 0 Massa Hale1 a sure nnff lord is he ; prodigious crisis wait another moment before deciding it f He spurns de dirt beneaf hl8 feet beca.nse it is dirty. Sir, I am not here to apologize for the Louisiana returning board. [Great laughter.] · I am not here to congratalate any man on this floor or elsewhere that If he chooses to exercise his power the board is but wax in his hands. through the proceedings of that board we are to have a. President, The president of the board is enraptru:ed with .such a respe~table ~nd but I believe sincerely that according to the Constitution and the lordly association, and at once he conceives the Idea thatheh1mself IB a forms of law there waa nothing left for the commission to do but to peer, and not n. vassal. This leaves the distinguished Senator from,O hlo count that vote. I recognize also that honors are easy between Lou and the equally distinguished me~ber ~om that Stat~ •. both b1~er, isiana and Oregon, and for the rest- rigid partisans both the confidential friends and political advisers Mr. Speaker I thou hast well said, of Governor Hayes. The Senator was the first to bring forwarcl Of onr vices we may frame the name of Hayes as a candidate for President, and they both will A ladder, if we will but tread and must have much influence in shaping his administration. They Beneath onr feet each deed of shame! will see to it that the fair count which the President is so anxious Mr. Speaker, if you did not say that somebody of equal authority about shall be secured. These gentlemen, it is true, will have to sit as has said it, and I commend the sentiment to the Representatives of jod'(J'es in Congress between the opposing candidates when the vote the people here and to the whole country. is cgunted, but then this little schooling in that business in Louisiana Mr. SCALES. Mr. Speaker, I am one of those who voted for the will qualify them all the better" for a fair count." electoral bill in good faith. I did it with great reluctance, but I did Then comes Mr. Stanley Matthews,not a. member of. Congress, "I?ut a. it in order to meet a condition of public affairs which I thought de distinguished lawyer, a citizen of the same State, a bitter republican, manded it at my hands. It is charged that a conspira.c1 had been and, I am informed, a brother-in-law of Mr. Hayes-at any rate, a con formed to count Mr. Hayes in at all hazards. This charge IB sustained nection-and he is selected topromotethefaircount. There are others, by facts and circumstances which carry conviction with them. The all of whom are objectionable, but I have not time to lo~k into th.em in vio~tiQn J+O"f. t~e Its Secretary of the Intetior, a bold, un'lualified partisan1 of Thus conspiracy progresses l"nd approaches crownmg 1928 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, infamy. The retnrn.ing board is to be the most important element in ened and fully prepared to meet the lofty and arduous duties of his this work, and their individual characters and past conduct guaran responsible position. With such a judge, aided by the distinguished tee that the work will be well done, and they must stand between counsel from Ohio and the no less distinguished Representative from the crime and the highly distin~uished and respectable gentlemen Ohio, I will not say what was said in my State by a plain minister of sent down by the President. Tne ba-cking is all they a.
Again, a little later, with still more reflection and thorough discus the great occasion and do his cuty. He was trusted by both. If he sion on the same proposition, he says: had prejudged the case or was in any way biased, it was his duty to If this were a proJ?OSition to repeal the twenty-second joint rule I think I should have so stated and let some one else take his place; but he con vote for it, but it is m effect to say that any spurious or revolutionary vote which fessed nothing; and yet he never sat a moment on that bench except may be brought forward from people pretending to be electors of a State shall be as a partisan. The same may be said of the other justices making up counted unless both Houses agree that it shall not. the immortal eight. And w bile there is no excuse for them, there was This doctrine he denies. Again, in the same debate, he says : yet some more obligation resting uTJon the fifth man to act impartially. That when the electors meet on the first Wednesday of December in each of the What an opportunity was lost. Had he met it as a man and a. judge, States the Constitution e.ntitles us to know, entitles everybody to know that the persons who thus meet are the electors. It entitles the people of the United States his name would have been immortal and he would have commandeu to know in some way under a government of law that what those who claim to be the respect of the world, the bad as well as the good. Had he but electors send to the Capitol is the vote of the State lawfully and constitutionally said fraud shall be unearthed; I will hear the truth and I will do jus given. tice; no law can be sound law which denies this, for fraud vitiates Thus, from a state of doubt and uncertainty by means of argument everything, then indeed would he have sustained the dignity of the and reflection through several years the distinguished Senator arrives bench, honored his own name, and attracted the confidence and ad at the conclusion that it is constitutional to go behind the returns to miration of the world. The country looked on to see what would be ascertain the true vote, and hence we find him introducing and voting done ; the people were breathless and in deep anxiety. On one side for resolutions as late as this session of the Forty-fourth Congress to was truth and his country, on the other the behests of the party. He look into all this matter that was intrusted to the high commission. fell, and the world pities him. What use, as he says, if you cannot go behind the returns¥ So The conspiracy is successful, the crime is consummated. Hayes thought Mr. CO~""KLING, and so voted all the republican Senators time will be counted in, but woe unto them who do it, for an indignant and again. people will wipe such a party from existence. I have hitherto stood The republican party of both Houses in 1865 unanimously passed by the bill in good faith, and I have voted for a rece s from Saturday thetwenty-secondjoint rule. ThisgavetoeitherHonseof Congress the to Monday. The crime was without a. parallel in the history of the power torejectthevoteofthe State without inquiry, with no limitation. nation, and I felt the nation should hang her head in shame, put on That remained in force and was acted upon by them in counting the sack-cloth and ashes, and enter on mourning, and that she might do electoral vote for ten years. The issue then is understood to be, are this thing in decency and order I voted for a recess; beyond this decent there frauds in the election¥ Nothing less would satisfy the couut.ry. requirement I have interposed no delay. I will stand by law, but I The late precedents all favor it, and the committals of the republican will appeal to the people; and I invite my brother democrats every party abundant and unquestioned. The electoral bill was intended where, on every mountain-top, in every valley throughout the land, to meet the case. It is trne t.he question of power under the Consti to denounce this infamy and to condemn the usurper. Let him be tution was left to the commission, but who had a doubt under all the known as "Hayes the First "-the first to occupy the seat of Washing circumstances as to what they would be bound to decide. But why ton by fraud and usurpation. God grant that he may be the last, and was it not expressed in the bill that they should go behind there if there is virtue left in the land the people will say amen. turns, so as to make assurance doubly sure 7 For the simple reason Mr. TUCKER. Mr. Speaker, if no gentleman on the other side de that the bill placed no limitation on their power but the limitations sires to speak on this question, I would be glad to go on. of the Constitution, and that would have been the same unexpressed The SPEAKER. The Chair was so advised of two gentlemen on just as much as if expressed, and then no one doubted the decisions the other side desiring to be heard; but as neither of those gentle of that tribunal as to this. men is now in the House, the Chair recognizes the gentleman from Our cause is just and fortified by evidence that is impregnable. With Virginia. such a case before a court of any respectability we could not fail. Mr. TUCKER. The gentleman from New York [Mr. CHITTE~DEN] The political members of the two Houses on the commission may be a few moments ago said that this was a trivial objection. It has biased by party, but can we not trust the Supreme Court judges 7 come to pass in this era that an objection grounded upon the Consti This is the highest court in the world, the court of last resort in this tution of the United States is to be called trivial in this House. great nation. The judges heretofore have been selected with special Now, I apprehend that any objection looking to the constitutionality reference to their peculiar fitness and qualifications for the position. of an elector's appointment and the legality of his vote because he In the past this court has enjoyed the unqualified admiration and was disqualified under the Constitution is one of very grave im confidence of the American people. It has been their pride and their portance. boast, and now in this day of trial, when fraud and conspiracy enter Why is a Federal officer made ineligible or unappointable to the into our elections, threatening to smother republican government, to office of an elector 7 It is to prevent Federal influence from operating stifle the will of the people, when anarchy and confusion lie just in the appointment. I care not how trivial the office may be i if a ahead of us and civil war and bloody strife are imminent, where else man holds an office under the United States Government, his influ shall we look for aid 7 The two great parties of the country are the ence, whether it be greater or less, is brought to bear upon his own contestants, and all other classes of men are more or less involved appointment and the appointment of those who are associated with in the issues between them. The Supreme Court alone can and will him on the ticket . meet public expectation. They will rise above party. They will The high commission the other day, among others of its wise decis grapple with fraud and conspira-cy, and strike who it will, equal to ions, voted 8 in the negative and 7 in the affirmative upon a. resolu every occasion, they will save the country. tion delaring that "J. W. Watts was then" (on the 7th of Novem If decided according to law and the Constitution, this tribunal ber, 1876) "by reason of holding the office of postmaster, ineligible must do it. The safety and welfare of the whole country, and es to the office of elector within the express terms of the Constitution.': pecially of the South, rests upon the law and its preservation. I Eight of the members of that commission, all of them republicans, have said I voted with reluctance. I hesitated. I lacked confi voted down that resolution, taking the extraordinary position, as I dence, I regret to say, in the judges. I knew little of them. Others understand, that the question of the qualification of an elector relates knew them better, they were competent to judge; these trusted the to the time when he exercises the duty of voting and not to the time judges and I trusted them, and gave my vote for the bill. The de of his appointment. That is to say, though the Constitution has pro 1 ... cision will certainly be peaceful, and surely an American citizen may vided tha.t no man holding a Federal appointment shall be an elector be pardoned if under all the circumstances he indulged some hope because of the undue influence he might use in his own election, yet that it would be honest and fair. Fate, or accident, gave them the if he only resigns after he has used his influence and before he votes, advantage in the number of judges, but in the cases all the advan that is sufficient. In other words you "lock the stable after the horse tages were with the democratic claim. is stolen." I apprehend that such a construction of the Constitution But, sir, the country ha-s been cruelly disappointed, the people is wholly untenable. In regard to the election of a Representative it grievously, and, I fear wickedly and fraudulently wronged. The is provided that- judges sank into partisans; the ermine, the glory and pride of the No person shall be a Representative who shall not have attained tb e a~e of twenty country, has been besmeared in the dirty pool of politics, and every five years, and been seven years a. citizen of the United States, and wno shall not, decision made by a strict party vote; but it is said there was as much when elected, be an inhabitant of that State in which he shall be chosen. party on one side as the other; is this so f One side voted always There is here a clear distinction drawn between the time when the for investigation of frauds, the other against it. One asked, in obe Representative goes into office and the time of his election. There is dience to the spirit of the bill and the demands of public sentiment, no such distinction in reference to a presidential elector. The pro that all the evidence should be let in, that the trnth might be ascer hibition of the Constitution,. is: tained, to the end that fraud might be crushed and justice and right No Senator or Representative, or person holding an office of trust or profit under made triumphant; the other side refused it. Proof was offered of the United States, shall be appointed an elector. the most gigantic frauds on the election returns, to show that cer It is not shall not be elected, it is not shall not vote, but shall not tain men were not elected by the people and certain others were, be appointed. When, according to the theory of the commission, was that the returning boards had without law thrown out the legal he appointed f He was appointed on the 6th of December. If he was votes; but the proof was rejected by one side and insisted upon by appointed then, he was illegally appointed, because the law of Con the other. The party majority decided that if it were all true still gress says they shall be chosen on the first Tuesday in November, that they would not go behind the returns. It is not trne, then, that is, the 7th of November. So if the time of his eligibility looks to the both sides were partisan. date of his vote, and that is the day of his appointment, then he was 1\Ir. Speaker, two justices of each political party selected a :fifth man unconstitutionally and illegally elected. as the final arbiter. This man was bound by every consideration of But, sir, look a little further. The English decisions have held, the honor and of patriotism to forget. his party and rise to the dignity of very latest of them, that wherever a vote is given for a disqualified 1930 CONGRESSIONAL RECORD-HO-USE. FEBRUARY 26, person the vote is absolutely nugatory as far as the appointment of the vote of Boggs, whose appointment was made in a manner not that person to office is concerned. There has been a distinction, and directed by the Legislature of Pennsylvania. 7 that has been the distinction relied on in the Oregon case, as to how Mr. JONES, of Kentucky. I propose to speak not so much to the far being an ineligible person would avail for the person who got a. Pennsylvania case, Mr. Speaker, but to the commission itself. fewer number of votes; but there bas been no wtinction on either .Mr. JONES, of Kentucky. Mr. Speaker, we have at length arrived side of the Atlantio on this point, that the man who is disqualified for at that pass in this contest when words are vain and perhaps silence the election cannot be appointed if be gets every vote. That is the would better become ns in view of the impending solemn result. point. The stupendous farce is about to close, and we are soon too sadly to Now, in this case this man Morrell was appointed, if at all, on the realize the truth which we ought to have known before, that in a 7t.h day of November. What was he then. Why, sir, here is the game of numbers the seven can never take the eight. Never in the document which was read this morning and which the gentlemen history of man have such mighty issues been committed as it were were so averse to have read: to the toss of a copper or the throw of the dice-box. Indeed, for the myssu S. GTant, President of the United Sta~ of A~. to all who ihtill see thes8 democratic party this contrivance had not even the illusion of for preJJenta, greefMI.g : tune. It should have been seen by our leaders at the beginning that Know ye that, reposing special trust and conficlence in the integrity and ability a sure fatality awaited us and that the doors of this snare were but of Daniel J. Morrell, and o~ his nomination by the gov~rnor o~ the State of Penn the portals of death. How it happened that the chief priests of our sylvania as delegate from said State, I do appomt the SaJ.d Darnel J . Morrell a com synagogue, so wise and tried and trusted, should have been inveigled missioner on the commission authorized to be constituted under and by virtue of the act of Congress to provide f?r oole~rating ~e one h;~~th anniversary of into the acceptance of this intricate scheme-this Pandora's box of American Independence by holding an mternational exhibition of arts, manufact evils-now seems perhaps, indeed to themselves, past comprehen ures, and products of the soil and mine in the city of Philadelphia and State of sion. I make no excuse for my condemnation of it now, as I oppo~ed P ennsylvania in the year 1876, approved March 3, 1871. it from the beginning; and I do not intend to reproach the many of In testimony whereof I have caused these letters to be made patent and the seal of the United States to be hereunto affixed. our brother democrats who advocated it, as I believe they did it Done at the city of Washington this 29th day of ApriL A. D. 1871, and of the In from the purest and most patriotic motives. It was, as was claimed dependence of the United States of America the ninety-fifth. by its supporters, a grand effort for peace and harmony; but it was [SEAL.) U. S. GRANT. also, to say the least, a grand mistake. It was a device equally By the President: unknown to the Constitution, the laws, and to custom. And why, HAMILTON ll'IBH, Secretary of State. why was it adopted f What right had he as President of the United States to commission Pardon me, sir, while I recount a brief history. When this Con Morrell f As President of the United States he had no right to commis gress assembled, on the 4th day of December last, although we of sion anybody but an officer of the United States, for the Constitution so the democratic party, as well as hundreds and thousands of republi provides. If he were an officer of a corporation, as the gentleman from cans, believed that Tilden and Hendricks had been elected, yet, in Pennsylvania[Mr. KELLEY] said this morning, what business had the order to ascertain the facts more surely and place them beyond dis President of the United States as President to appoint a member of a pute, the Senate and Honse sent down to the States of Louisiana, private corporation t He appointed him under the law of the United South Carolina, and Florida committees to make thorough investiga States authorizing the President to commiBSion these commissioners tion, and at an expense of near two hundred thousand dollars. These of the CentenniaL Yes, sir; the centennial job t "Gentlemen said it committees pervaded every avenue, every nook and corner; raked was not unconstitutional; I said it was, but gentlemen said it was those States as with a drag-net; examined thousands of witnesses, not unconstitutional. Then it waa constitutional to give the Presi and yet, befor~ they had an opportunity to report, this electoral dent power to appoint the commissioner. He did appoint him. If commission was formed to preclude and shut out all this immense he bad the power to appoint him, he was made an officer by that law. and costly testimony. All was for nought. The people's money and You cannot get out of it. He is an officer under the law of the United the onerous labors of their committeemen were thus thrown away States, wielding the patronage of the great centennial job over the and lost. Both parties united in the appointment of these commit whole of the voters of Pennsylvania in the election in which he was tees, and the President ·himself, desirous, as it appeared, to have a a candidate. fair count of the electoral vote in those States, requested a number Now, Mr. Speaker, gentlemen say Morrell is not the elector-an of gentlemen to visit them and ascertain the facts. But behold, the other man is. Very good. How did he come to be electort Under wise men at the Capitol, for some reasons perhaps to be developed in the law of Pennsylvania, which is very peculiar, the governor is au the near or far future, took time by the forelock and instituted this thorized to declare by proclamation the names of the electors d·uly most extraordinary mode of settling the greatest question ever known elected. What does that mean f Legally elected, lawfully elected, among men. In it they placed the balance of power in the judiciary, constitutionally elected to the office. Nowt what does the law further some of them presuming that party spirit had not invaded that last . provide f "If any such elector"-" such elector" as my friend from resort of justice and civil liberty. Pennsylvania [Mr. STENGER] said, that is, one duly elected-" shall And now, sir, what have we seen t This commission has failed to die." Did any such diet Was Morrell duly elected when the con do the very thin~ for which it was appointed. If the electoral bill stitution forba-de it f Have yon and I a right to say a man shall hold settled any questwn at all, it was that the President of the Senate the office of elector when the Constitution says "veto "-I forbid itt could not count the votes of the States; it was settled that his duty was Can yo~ and I, who are sworn to support that Constitution, make it simply to open the certificates and the votes were then to be counted nugatory by our :fiat, and call it a trivial objection to a man to say he in such manner as the two Houses determined. It was settled also that is unconstitutionally claiming to elect a President t the two Houses, as shown by their previous appointment of their com [Here the hammer fell.] mittees to investigate the facts as to which were the real votes of those If, then, Morrell had no right to be appointed an elector, let me see States, ha-d the power to go behind the certificates and the reports of what right the law gives to the college in such caae. · the returning boards, and by this bill the two Houses delegated their If such elector sha.ll die- powers to the commission. It was, therefore, intended by the very He did not die- act which gave it its existence, the law of its being, that it should or from any cause fail to attend at the seat of government at the time appoint~d look beyond or go behind the certificates and examine the evidence by law, the electors present shall proceed to choose viva "oce a person to fill the in order to ascertain what were the the true and legal votes of those vacancy occasioned thereby, and immediately after such choice the nan1e of the States and which were the constitutional and legal electors. The person so chosen shall be transmitted by the presiding officer of the college to the governor, whose duty it shill be forthwith to cause notice in writing to be given spirit and letter of the bill made this duty imperative on the com to such person of his election, and the person so elected fandnottheperson in whose mission. place he shall have been chosen] shall be an elector, and shall with the other elect Why, sir, if these had. not been the objects and this the intention ors perform the duties enjoined on them as aforesaid. of the bill we might as well have allowed the President of the Sen Now, did such elector-that is, one duly, constitutionally ap ate to stand at that desk and open the certificates, count the votes pointed-fail to attend t Clearly not. Then the contingency upon and declare the result. And as it has turned out it would have been w bich the college could elect Boggs did not arise, for Morrell was far better if he had done so. It would have saved us much valuable never duly elected, and therefore wa.a not "such elector" as either time, much nseleBS argumentation, and a vaat amount of anticipation died or failed to attend. or apprehension. It would have saved ns more, sir. It would have This is more clear from the parenthetical phrase in the act " and saved the country the mortification and humiliation of seeing the the person so elected.'' that is, by the college, ("and not the person hi~hest court of the Republic, indeed, of all Christendom, yield to the in whose place he shall have been chosen,") &c. spirit of party, drag the ermine in the dust and become a scorn and a Now, this shows that Boggs, in order to a valid appointment under by-word on the lips of honest men . .. The majority of this commission this law, must ha.ve been appointed in the place of MorrelL The have violated their oaths and ignored the very intention of those who statute contemplated the :filling of an office of elector made vacant created it, and by every law, human and Divine, ought to be broken. by a person who had :filled it. But Morrell, as I have shown, never Will it be told me, sir, that if you or I or this Honse appoint an agency filled it; never had title to it·. He never held the place. No one or commission to do certain acts under an express law, published and could be a;ppointed in hi8 place, for he had no place as elector. The known to all parties concerned and to the world, that if such agency statute applies to no such case. Bog~s wa~, therefore, appointed or commission should violatb that law or fail to carry it out, we without legal authority, without color oi law. He has no title to the would be bound to sustain it or abide its unjust acts or decisions, that place of elector. His vote was, therefore, null and void. we could not abrogate its authority or extricate ourselves fi·om the Can this Honse count itt Dare we, sworn to support the Consti abuse of its powers' There is no law, legal or moral, that would tnt.ion, recognize the vote of Morrell as an elector, who the Constitu compel our obedience or acquiescence. tion declares shall not be appointed an elector f And can we count Sir, I llold that this Holl§e would be perfectly justifiable in resotir.- • - . 1877. CONGRESSIONAL RECORD-HOUSE. 1931 ing to every legal and constitutional means to annul the decisions of the great expounder and defender of the Constitution, he hied to eke this odious commission and break it to atoms. Sir, have we created out-reversin~ the usual process-he tried to eke out the fox's skin a monster to tear out our vitals and ourselves powerless to resist f with the lions hide. But even the mantle of Webster, which the Have we made a vise to crush us to death and shall we not stretch honorable gentleman from Massachusetts seeks to appropriate before out a hand to defend our life f Has it come to this f Shall liberty his time, is not broad enough to cover deception, misrepresentation, die without a struggle f Shall the rights of the people be b:ntered and hypocrisy. away and the gamblers' law he bowed to and acknowledged supreme T My charge was that on the floor of this House he had stated that Have men been "duped" and shall they say dnpe on dupe ever and it was competent for the commis ion to take proof; that sitting upon we will submit, your willin~ victims f Is that the manner in which the commission he had brought in a resolution and by his casting the representatives of American freemen shall act now at the thresh vote had the order entered that no proof of fraud should be taken. old of another century of liberty and glory f God forbid! Forbid How did he meet this charge Y He says : it my countrymen! Men should not alone consider their personal It was. perfectly agreed that the commission should determine how far they could honor in this great conjuncture, but remember that they have a great go in the way of taking proof. trust to perform for the people; they are :fiduciaries of the rights of It was so agreed. I never asserted otherwise. What I asserted millions. was that when that question came to be passed upon we had reason I, sir, for one, protest in the name of the brave men I represent, in to expect from him a vote in favor of taking the proof against fraud. the name of right, jU8tice, and law, against the consummation of this Here is the language he used: monstrous fraud and villainy, and I will resist it to the end. I would How can that man be said to compromise who, having a just and righteous claim, st.ill turn to the constitutional mode of electing the President and asserts it, maintains it, enforces it by argument and proof, yielding no jot or tittle Vice-President. If we can arrive at no election by the people, the of it to a tribunal so constituted as to insure its decision in accordance withjustiu Constitution provides the manner of electing both officers. That and :righteo'U8ne8s. points out our plain path of duty. And now, sir, even now, let this Now, let ns see what kind of justice and righteousne she believes commission be broken by the resignation of onr appointees, or any in. I find that Mr. Commissioner ABBOTT o:ffered the following reso one of them, who would immortalize himself by the act. Their places, lution: or his place, could not be :filled by the terms of the bill, there being Resolved, That testimony tending to show that the so-called returning board of no provision for :filling a vacancy occa-sioned by resignation. The com Louisiana had no jurisdiction to can,ass the votes for electors of President and mission could not proceed without a full board. Hence, they would 'Vice-President is admissible. be scotched and killed. Let this House then proclaim that there has How do we find the honorable gentleman from :Massachusetts re been no election by the people and proceed at once to elect the Presi corded f In the negative. He would not take proof that the return dent. Follow the law, do right, and leave the rest to God and the ing board had no jurisdiction to canvass the votes. Is that justice country. and righteousness f Again, I :find Mr. Commissioner ABBOTI offering . But, sir, it may be this dread. ultimatum of treachery on the one the following resolution. side and submission on the other may soon be made palpable and irrev Ruol11ed, That evidence is admissible that the statements and affidavits purport ocable. It may be we shall soon have inaugurated a man as Presi ing to have been made and forwarded to said returning board-in pursuance of the dent of the United States who was never elected, but repudiated by provisions of section 26 of the electiOn law of 1872, alleging riot, tumult, intimida a majority of the States and by a popular vote of more than three tion, and violence at or near certain polls and in certam parishes, were falsely fab ricated and forged by certain disreputable persons under the direction and with the hundl·ed thousand men. And to whom, sir, will he be chiefly in knowledge of said returning board, and that said returning board, knowing said debted for his office f Look below us, sir, now confined and guilty statements and affidavits to be false and forged, and that none of the said statements in the cellars of this Capitol instead of being at hard labor in some or affidavits were made in the manner or form or within the time required by law, did knowingly, willfnlly, and fraudulently fail and refuse to canvass or compile penitentiary for their crimes, and you can see the four creatures, as more t,han 10,000 votes lawfully cast, as is shown by the statements of Yotes of the you have seen them at that bar, two w bite men and two negroes, who commissioners of election. silenced the voice of eight thousand freemen of Louisiana, the legal majority for Tilden, and swore away in a lie that will rankle forever How is the honorable gentleman from Massachussetts recorded on the State for Hayes. These men are our prisoners, but they are also that offer to prove fraud as to the very affidavits npon which there our masters. "To the victors belong the spoils," and the incoming turning board made up their returns f He stands recorded in the republican President, if he does come, should make these criminals negative. And he comes here and talks of" justice and righteous the chief functionaries of his administration. The names of Wells ness I" Ah f Mr. Speaker, he found a new reason for it. . The com and Anderson and Casanave and Kenner should emblazon the shield mission had no "judicial powers!" That is the allegation-that they of his power. had no judicial powers. What did he say upon the floor of this House 7 Sir, if these things shall come to pass with our acquiescence or I think justice and righteousness are compromised wben they are submitted for their deoision to force. ~hey are compromised when they can on1y be maintained by without our persistent and united efforts to escape the doom, let our doubtful, disputed exercises of power. They never can be compromised when they men and women go mourning through the streets, and as this presiden are permitted to stand before a tribunal cwthed with judicial pow~s, surrounded by tial cortege shall a-scend the A venue let the castles of freemen be judicial safeguards, invested with legal authority by the law-making power of the draped in bla~k; yea, sir, let the sun go back as on the dial of Ahaz. country. Let law and order be trampled under foot f Let the veiled goddess Ah f no judicial powers except to do-what f As they did in the be no longer blind, but with open eyes hold the scales and with crafty Oregon case. They take judicial notice. They allow evidence to :fingers load down the one side with fraud and corruption that will come in to prove that the seal may or may not be the authentic seaL kicK: the beam and throw truth and justice to the winds. And let They allow proof that a man may or may not have held a comm~ion Mercury, the god of thieves and pickpockets, who began to steal the from the President of the United States. But when there is an alle day after his birth; who stole the oxen of Admetus, the quiver and gation of fraud, where then is the decision in accordance with justice arrows of Apollo, robbed Neptune of his trident, Venus of her girdle. and righteousness t Then there is no judicial power in this land to Mars of his sword, and Jupiter of his scepter; let this lying, thieving prevent this fraud. [Applause.] god be enthroned in our temples of law and justice to teach senates Now, Mr. Speaker, I would not have said so much if the position of and courts their duty. the honorable gentleman in this matter had not beenonallocca..sions Let the Constitution and the laws be no more held up as the guard the great champion of "justice and righteousness." In that memo ians of republican liberty; indeed, let liberty herself step down rable trial of W. W. Belknap he uttered at the close of his speech from her capitolian height.l go and draggle her robes in the dust and words that will endure while the English language lasts. I have al mud of the A venue, ana fly shamed and abashed to the forests ready heard the youth of this country repeating from the platform and the mountains. that magnificent peroration, worthy of Junius or Tacitus for its de What power in what time shall retrieve the wrongs and restore nunciation of fraud. Shall we now tell these ingenuous youth that the rights of an insulted and outraged people f May God save the when the author of these words of indignant virtue was trusted as a state and the nation! jud~e, as a high commissioner, with the destiny of theAmerican peo [Here the hammer fell.] ple m his hands, he voted not to receive evidence of fraud 1 and plant Mr. HEWITT, of New York. Mr. Speaker, on Saturday last, in try ing himself all the time upon hollow professions of devotion to "jus ing to :fix the measure of the responsibility of the great wrong which tice and righteousness." has been perpetrated upon the American people I found it necessary Well, Mr. Speaker, what then f I ask my democratic friends-de to:trace the declarations and the position of the honorable gentleman ceived and defrauded aa we have been-I ask them whether we shall from Massachusetts, [:Mx. HoAR,] who, I am sorry to say, I do not meet bad faith with bad faith. I answer that never ought the proud now see in his seat, although I informed him that I proposed to dis record of the democratic party to be sullied by a single act which cuss this matter further. In trying to :fix this responsibility I was will make any man blush. I went on the committee that framed the compelled to say that his declarations upon the committee and upon electoral bill, as the Speaker will bear me witness, against my will. the floor of this House were not in accordance with his action upon I said I knew whatever I might do would be subjected to miscon the commission. He met that charge not by argument or even de struction. But when I took my place there I ceased to be a partisan; nial. It was met by confession and a voidance, just as when you come I tried to become a patriot; I tried to perfect a measure of justice and upon the nest of the partridge you will find that the parent bird goes conciliation and peace for the suffering people of this country. We through a series of gyrations,· rolling over and over, until your atten perfected it. We brought it here. It has been approved in this House. tion is withdrawn away from the nest of the young, and then, whirr! It has been approved by the country. And now shall we stop in this be is gone. So in this case. The honorable gentleman from Massa effort toward a solution of the greatest problem which bas ever been chusetts reached over, one week in advance of his elevation from this presented to a free people because we have been met hy fraud au
friends. The commission have not decided wisely as Solomon did That committee say: when two women appeared before him, each claiming to be the mother The substance of the bill embraces of the child produced before him. Each claimed the child, antl they Third. Provisions for so-called double returns from a State; that such conflicting went to Solomon for judgment, and he said" Let the child be divided returns and papers shall be submitted to the consideration of a commission, com posed of equal numbers of members of the Senate and of the House of Representa between you." But the true mother, with the maternal instinct of the tives and of the Supreme Court of the United States; that this commission shall mother said, "Not so; let her take the cbild." And so in this case, be organized and sworn and have power to consider and decide, according to the rather than that civil liberty shall perish and law and order die, we Constitution and law, what is the comtitutl
. . -J934 CONGRESSIONAL RECORD-ROUSE. FEBRUARY 26,
To do whatf "Resolved, That the inau~ation of any man as President whose title to the office is not clear and unquestioned, bnt tainted with fraud and befouled with crime, would, to ~udefrom counting aU electoral votes deemed by them to be iUegal. after the first flush of success, cover with shame and fill with remorse the party and the men who had contributed to its consummation; it would be a. great national Now here we have a direct and positive assertion in a state paper calamity, disgracing the nation in the eyes of the world and bringing derision and emanating from a President of the United States who has always contempt upon our system of free popular government. been nnderstood to be good authority with the other side of tbe House, "Resolved, That it is the duty of Congress to take snob action as will secure a new that the two Houses of Congress have power not only to ascertain election by the people a.t an early day, not later than November next. "Resolved., That BER..'"iARD G. CAULFIELD, CARTER H. HARRISON, and JoHN V. LE what are tn«J and false votes but to exclude the false and connt the MoYNE, the Representatives in Congress from the city of Chicago, be requested to true. Now gentlemen tauntingly deride and laugh when we say on use all honorable and lawful means to secure the object contemplil.ted by these reso this side of the House that we trusted to their faith and that they lutions." have deceived us. Be theirs the lasting honor and the lofty dignity P.H.SMITH, .Acting Ohairman Oi.ty Executive Oommittee. of the lie; be ours the bumble humiliation of the dupe. I am will H. F. :MERRITT, ing to accept the position they assign ns, and can afford to bear their Secretary Oity Executive Oommittee. taunts. But again, Mr. Co:z..'XLING, whose voice wa~ significantly silent in Mr. POPPLETON. Mr. Speaker, I do not rise for the purpose of the Senate Chamber the other day when the vote was taken upon in discussing this question at any length. In the National Republican dorsing the finding of the commission in regard to Louisiana, said of this morning I find a telegram from the home of Governor Hayes, with reference to the Sherman resolution a few years ago: giving an account of a speech delivered by him on Saturday night last, and as an evidence of the fearless bravery and profound states But I go further than to maintain tbe naked power of Congress to inquire. I in sist that we can utilize the result of the inquiry, and employ the facts in our action manship of tha.t wonld-be, returning-board President, I send it to the upon counting 01' Tej'U8ing to count electoral votes for President or Vie& President. Clerk's desk to be read as a part of my remarks. [Laughter.] * • • The Clerk read as follows: To ascertain and make record of the facts I will vote for the resolution. This FREMONT, Omo, Febru-ary 25. alone will be wholesome ; and I will vote for it also for the use we may make of the Governor Hayes arrived here unexpectedly last evening, and an impromptu re- facts in counting electoral votes and in determining any other proceeding which may ception was given him. He was introduced by General Buckland, who said : come within our province. "FRIENDS: I have the pleasure of introducing our President.elect, as we believe." Governor Hayes said: Now, sir, that was right directly in the line of the argument upon "FRIENDS AND NEIGHBORS: The manner in which I am introduced makes it rather which the committee which went to Louisiana, with Mr. HoAR at its easy for me to speak without embarrassment, but we had better stick to the old head, went into the inquiry a few years ago. title until we are sure of something new. In these times of uncertainty we are often disappointed. The good news of to-day is often dispelled by the evtl news of Another committee has been sent from each House of Congress. to-morrow. For what purpose f For the mere idle purpose of satisfying curiosity During the few months since the 7th of November I have schooled myself so as in Congress f By no means ; nor did the conntry so understand it. not to be very much down nor very much up, When the election closed in November last disputes immediately [Laughter.] sprung up. The democratic party said "Mr. 'filden had carried but to try and keep as near the even line as possible. This kindly meeting this Louisiana and Florida." The republican party then said : " While evening I do not take so much as honoring me as a congratulation upon the man you may have scored a majority of the votes polled, you did it through ner in which the strange and peculiar question is now being settled. No other violence, intimidation, and fraud, and the canvassing board has set country in the world could have endured such a struggle without suffering lasting aside and rendered nugatory that violence and fraud." We, on the calamities. In the event of remaining among yon for the next two or three years, I will attend the next pioneeJ" meetin~ and bring a. bundle of letters and notes, other hand, replied that the returning board had been guilty cf gross many of which I a.m constantly receivmg, such as curiously drawn sketches of and ontra~eous fraud. Here was the issue made up. This issue we knives, daggers, and revolvers. sent to th1s commission. They have told us they have no jurisdic But I have not lost much sloop from any of them yet. tion. Then I say we have the right to find a tribnnal that has juris [Laughter.] diction, and that tribunal having jurisdiction is the one to which I One of the most amusing was received this week. It was a knife about two feet shall lawfully take my appeal-the ~eat tribunal, which next to long, one edge hacked like a saw, probably for sawing the bone, the other side for that which governs all nations is all potent in this conntry of ours, cutting the flesh. This was wrapped in several thicknesses of paper, and inside and to that tribunal we take in disappointment our appeal. was a. note, as follows : We remember when the Jacobina of France, in their heinous, hor This is the knife with which the editor of the Capital w&s to assassinate yon with as yon went from the White Honse to the Capitol. It was taken from his rible burlesque of liberty and all that is sacred, set up a. naked courte pants while he was asleep. san for their worship they survived in power bnt a few short weeks. So we say to the other side that, having attempted to deify fraud, [Great laughter.] having attempted to vitalize with the living soul of truth the putrid Well, friends, I think I have talked long enough. As I am in the business carcass of a lie, the people will condemn your aoti.on, will drive you of shaking hands, I would sa.y that I am en,joying excellent physical health, and if from power, and visit on you that scorn and contumely which your any of you wish to shake hands, I will be glad to do so. fraud, your outrage, your violence of justice so well merit at their [Laughter.] hands. [Applause.] Mr. CONGER. Was the knife sent with the communication t Mr. VANCE, of Ohio. I yield to the gentleman from Illinois the Mr. POPPLETON. The gentleman from Michigan cannot change time which I am allowed. the orthodox speech of his party, just read. [Laughter.] The SPEAKER. For how long f . • Mr. HOAR. Mr. Speaker, I am told, while I was out of the House Mr. VANCE, of Ohio. I yield my whole ten minutes. this morning the honorable gentleman from New York, [1\lr. HEwrrr,] 1\Ir. CAULFIELD. Mr. Speaker, I do not intend to occnoy the at much meditating on his latter end, uttered a posthumous speech to tention of the Honse at this time with a discussion of the question the preparation of which he had devoted the Sabbath. Idesiretodo now before it, but I rise by the courtesy of the gentleman from Ohio that gentleman the justice to say that he gave me full notice he in for the purpose of asking that resolutions from my constituents at tended to renew the debate this morning, and it was au accident on home addressed to myself and to the other members from the city of my part which deprived me of the pleasure of listening to him. Chicago shall be read, and I send them to the Clerk's desk without I have heard read by the kindness of one of the reporters the re now committing myself one way or the other for or against the final marks which he made, and they seem to me to require but one word conclusion of those resolutions. I occupy, however, the position of in reply. He undertakes to say from a sentence uttered by me late protesting by all constitutional modes against the decision of the in the debate on the electoral bill, in which I was urging my repub electoral commission, by which it excluded evidence of fraud, silenc lican associates to accept it, and in which I f?aid that a man who ap ing the real voice of the people, in favor of an usurper who claims peared before a tribunal with a righteous cause, and maintained it,• the presidential. office without the sli#Jhtest semblance of constitu and asserted it, and enforced it by argument and proof and submitted tional right and by the fraudulent deVlces of the villa!.ns comprising it could not be said to compromise it, that I had pledged myself in the returning boards of some of the southern States. advance to a determination of the most important question to be sub After it is read, I propose then to yield what remains of my time to mitted.to the commission. He inferred an expression of opinion on to my friend from Ohio, [Mr. POPPLETON.] my part that the proof which was offered and rejected before the The Clerk read as follows: electoral commission was competent and proper. Now to that charge CIDCAGO, FebruaT'1J 24, 1877. I reply there was and is proof which in my judgment, and in the Hon. B. G. CAULFIELD, C. H. HARRIBOY, JOHN V. LEMOYNE, judgment of the commisssion as I understand it, the two Houses Washington, D. 0.: when they meet to witness a connt or count an electoral vote can At a meetin~ of the democratic city executive committee of Chicacgo, consisting properly receive. But I assert that that gentleman had the fullest of one hnndren and twenty members, held this afternoon, the following resolutions means of knowledge, by three days' companionship with me on a com were adopted and directed to be sent yon : ''Whereas the electoral commission has disappointed thejnst expectations of the mittee where that matter was constantly discussed, that the right country, in having persistently refused, by a majority of one... to receive and examine under the power of being present at a count to go into the ascertain evidence in regaril to the frauds perpetrated in Florida ann Louisiana, in the re ment of the fact who had been lawfully elected was utterly denied, turning and certifying of the electoral votes of those States, although the commis and on the contrary that that power belonged to the States, and in sion had full power under the law and was bound by the practice and and prec edents established by Con~ess to receive evidence as to the truthfulness and proof of that I refer to the language of the bill ; I refer to the on validity of the electoraJ. vores; mistakable utterance of the Senator from Ohio in the Senate ; and I ''And whereas the electoral commission, having authority to hear the evidence and refer to the knowledge of my republican associates on that committee. decide, has presumed to decide without hearing the evidence: Therefore, If the ~entleman from New York [Mr. HEWITT] be a sane man "Resolved, That the findin~ of the said electoral commission, based upon mere ~oliow forms and technicalities, and not upon the troth and the facts, ate not en with ordinary intelligence, it is utterly incredible that he should titled to the approval and the moral support of the American people. have nnderstood any such thing from my position and that he should 1877. CONGRESSIONAL RECORD-HOUSE. 1935 not have understood exactly the contrary. But, Mr. Speaker, take Paralysis had lain its withering hand upon commerce and manufact him upon his own story. See where he leaves himself. He does not ures and the various employments of successful industry. Capitn.l deny that he knew that the republicans in the Senate went into that refused employment and doubt and dismay and fear everywhere ex electoral commission on the understanding that that power was isting told but too truly what mighty issues were at stake. Rising denied by the republican party, and that the question whether it above the prejudices of passion and of party, a bill wa-s framed which existed or not was to be a great question strenuously debated before to the patriot and the statesman gave assurance of relief. It met the commission. with the sanction of a large majority in the Senate and the House, Mr. HEWITT, of New York. Governor MoRTON says directly the and was at once approved by the President. reverse. The country hailed its passage with delight as the harbinger of - ltV'· HOAR. Governor MoRTON was attacking the bill; and his peace and an honest determination to redress the wrongs which had position was denied by every friend of the bill on both sides in the bee~ committed ; the drooping energies of business seemed again to Senate; denied by Mr. FRELINGHUYSEN, denied by Mr. '£HURMAN; reVIve. and he knew that the republican party here never would have gone Each of the great parties had chosen their foremost men with into it on any other understanding; and he knew that if I was giv whose names the whole country were familiar, and for some of whom ing any human being private or other assurances of a different pur the laurel wreath had been often plucked to adorn their triumphs on pose on my part I was committing an act of infamy to which that of the fields of an exalted statesmanship. Added to these were repre Benedict Arnold only would have afforded a just comparison. sentatives from that augnst tribunal which, lifted above the atmos Now what does he say-he, the leader of a great party, intrusted phere of passion and of party and of prejudice, in days gone by had with its interests, intrusted with its leadership f That in opposition won enduring fame, where Marshall and Jay and Story had achieved to every public utterance a.nd assurance which came from the repub high honors as the exponents of American jurisprudence. When lican party he went into it because he had got the a-ssurance of some these retired to their ha,ll of consultation the spirit of Webster, of scoundrel that it would come out all right I A pretty gentleman to Clay, of Crittenden, and of Benton seemed still to hover around the stand up and make charges of this kind in the face of the American chamber which for so many years had been the great scene of their people. Sir Henry Clinton might as well have ordered the British gladiatorial contests in all of which the Union and its preservation forces back to England in the midst of the Revolution and assigned was the grandest and most inspiring thought. Again the Union was as a reason for having done so that he had a private promise from at stake. It was thought this high commission were clothed with Benedict Arnold that, if he would do it, the Revolution should be every power that was necessary to expose the frauds which had abandoned. by common acceptance been committed, and that the infamy of re Now sir, I do not want any more evidence of the ntter delusion turning boards which had wrested from States their ballots for the and folly that has prompted this charge than the gentleman who makes Presidency would be fitly and unblushingly exposed, and that the it furnishes himself to the candor and the judgment of the country. findings and decisions of this high court would be such a-s would One other thing. I do not propose, Mr. Speaker, to discuss at the command the respect and reverence of the people; that, no mat present time the propriety of the judgment which has been rendered ter which might win, American honor would be unstained. How by this electoral commission. We have heard fromgentlemenon the these high hopes were doomed to utter disappointment has since been other side of the House the predictions that public disapprobation, revealed, and how rude the shock to the great body of the American that public condemnation, that public infamy, is to be the fate of people at the announcement that the returns should find no exam those persons who have united in that judgment. ination and· that the great facts which all so desired to be ascertained Mr. Speaker, prophecy is not one of the exact sciences. In my were beyond the jurisdiction of the tribunal. Ah, why was this be humble judgment any democrat conversant with the history of his yond its jurisdiction when it wa-s supposed to have been the main ob own party will be pretty likely to assent to that proposition. [Laugh ject for which they had been organized, to go to the very roots of cor ter.] But I will venture a prophecy; and that is, that there will ruption to know why and when and where the ballot had been ren not be an event in the history of this country which in the future dered nugatory and to ascertain the rightful choice of the American will be more gratifying to the American people than the constitu people as to who should sit in the chair of their Washington, their tional assertion of the limit between State and national authority Jefferson, and their Ja-ckson. That this should: have been denied to which this electoral commission has made ; and that the previous us is most unfortunate and sad, not for purposes of party aggrandize declarations of Mr. BAYARD and Mr. THURMAN made in their places ment, but the higher and nobler purposes of purity and of honor. in the Senate when there was no presidential question in dispute Give us but the right and· we will gladly follow; clothe it with doubt, will be those which they and their associates will most delight to re and mistrust will reign. member. I do not not speak now of the jurists, or the legal pro Believe me, Mr. Speaker, when I say that while my people will fession of the country. I clo not look for my reputation in this mat peld all of party for their country's good they never will yield a will ter to my republican associates. I am willing to take my luck with mg sanction to such gigantic frauds. Your electoral count as given the democratic party. This decision is in the line not only of its past by the tribunal announces their choice for Governor Hayes. New precedents but of all its future interests. If they disapprove and Jersey loves this Union. A thousand tender memories are linked condemn it under the excitement of to-day, I will appeal from Philip with its past career. Her historic fields are the witnesaes of her de drunk to Philip sober. I will appeal from the democratic party, ex votion. She will still believe in the correction of an outraged public cited by the desire of power, maddened by an earnest contest for sentiment. She would have no public disturbance, no disorder, but political supremacy, drunk, some of them, with eagerness for the she will demand that no new blow be aimed against the liberties of spoils-! will appeal from the party maddened, excited, drunk, in the the Union. present, to its future, and to its past. [Applause.] We sorrow for the stricken States whose people find an unfair rep resentation. MESSAGE FROM THE PRESIDENT. Through the corruptions in government dark clouds have gathered A message, in writing, from the President of the United States wa-s around our country, and the future can only be discerned by Him communicated to the House by Mr. U. S. GRANT, jr., his Private Sec who holds us all in the hollow of His hands. An imperiled people retary, who also informed the House that the President had approved will yet, I believe, correct the baneful evils which have fallen upon and signed bills of the following titles: us, that we yet may witness the Roman firmness and the Spartan An act (H. R. No.7) to provide for the sale or exchange of a cer valor which gave distinction to the earlier and happier days of the tain piece of land in the Wallabout Bay in the State of New York to Republic. the city of Brooklyn; and But that period can alone be reached when fraud and violence and An act (H. R. No. 4251) making appropriations for the consular and corruption shall find their exposition as the highest duty of the citi diplomatic service of the Government for the year ending June 30, zen and legislator. That in this case it has not been done, in the 1878, and for other purposes. name of my people and of their imperiled liberties I enter their firm and solemn protest. COUNTING THE ELECTORAL VOTE. Mr. BUCKNER. Mr. Speaker, I am in great doubt whether the Mr. HARDENBERGH rose. country has more reason to deplore the unexampled villainies and Mr. TOWNSEND, of Pennsylvania. Mr. Speaker, how much time unblushing crimes of the canvassing boards of the States of South is left for debate f Carolina, Florida, and Louisiana, the lamentable prostitution and The SPEAKER. Nineteen minutes. degradation of the highest judicial tribunal in the Union, or that de Mr. HARDENBERGH. Mr. Speaker, but a few days since and .every cadence of public virtue.which makes it possible for the two great seat upon this floor and within these galleries was filled. Anxious executive officers of the Government to be willing to accept of these care seemed depicted upon every countenance as they watched with in high trusts by a title originating in fra.ud, falsehood, and forgery and tensest interest the fate of the bill then pending. It seemed as one of consummated by wholesale violations of law and the Constitution. the great days of history, whose drama we were enacting an*. which We have become so familiarized with the robberies and thefts, tho should live throughout the ages as big with the fate of empire. After peculations and corruptions of the governments of these States that a long and weary contest a national election had been held. Doubt the wrongs and oppression of these unfortnnate people have ceMed existed as to which of the contending parties had won of right the in a great measure to arouse onr apprehensions or even to excite our prize. How should it be adjusted f A crisis had arisen which the sympathies. Constitution seemed not to have anticipated. No similar emergency The republican party has reached the climax of its criminal career bad occurred. The ballot-box had been tampered with, the returns in these States, and to-day it stands uefore the world dependent for altered, and the highest privilege of an American freeman grossly, all its hope of the future upon the anointed villains to whom it hM wantonly, maliciously assailed. given power and place and who for ten long and weary years have 1936 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, been rioting in crime and adtling chapter after chapter to the history Thus we find these disgraced judges, in the interest of the most stn of misgovernment without a parallel in the ann~s of modern civili pendous villainy of every form and grade in modern times, going back zation. Helpless and hopeless without the assistance of the dishon upon themselves and repudiating their own judgment in the case of ored wretches whose crimes it should detest, it scruples not to profit Florida, and absolutely exduding evidence, when it was conclusive, by their villainies, and in its shameless lust for power it does not after similar evidence was admitted when it was inconclusive. When hesitate to make the justices of the highest judicial tribunal of the they came to Oregon, that all knew was then the pivotal State of the country participants with it in its great crimes against the people controversy, they admit evidence to prove that Watts was ineligible and to drag its judges down to the le\rel of its own debauchery and at the time of his appointment, but for the first time the world, and debasement. This is the heinous offense of the republican party, an especially the legal profession, 1s informed" that that fact was ren offense which smells to heaven and which all over this broad land pro dered immaterial by his resignation, both as postmaster and elector, vokes the inexpressible indignation of decent men of all parties. and his subsequent appointment to fill the vacancy so made by the Mr. Speaker, I voted for the electoral bill in common with every electoral college." representative from my State in both Houses. Ivotedfor it withmy Mr. Speaker, this last judgment is not law, and no men knew it eyes open. I was caught in no trap of other people's setting. I have better than the immortal eight, and especially the dishonest trio who no regrets for that vote. I have no excuses or apologies to make for disgrace the highest judicial tribunal of America. No respectable it. I believed then and I believe now that it provided a fair, just, court in America has ever decided and no statesman of any party impartial, and constitutional means of adjusting the presidential suc has ever held such a doctrine. It was made for this case and for cession; that it necessarily eliminated that most dangerous element the present emergency. Not three months since the supreme court force-from its solution, and would throw the forms of law at least of Rhode Island unanimously decided the reverse, and the Legisla around the title of the successful candidate. I confided in the impar ture of that State was called together to provide expressly for just tiality, fairness, and independence of the five judges of the Supreme such a case, and so was the Legislature of Vermont. If there is any Court, with the exception of the renegade Kentuckian who now thing settled by the adjudications of the highest tribunals in England hails from the State of Iowa. The bigoted and partisan demeanor and America and by the opinions of the most distinguished jurists it of this man on the trial before the commission confirmed me in my is that the election of a person to an office for which he is disquali fears that he was ready to make any decision which the bold bad men fied is absolutely void, and that he has nothing to resign. of his party required at his hands. He has but given another illus Mr. Speaker, I have not time for further comment upon the con tration of the truth of the maxim, that "one renegade is worth more duct of these disgraced judges. Their adjudications have given the than ten Turks." Nor did I have any expectation that the gentle severest blow to the hopes of the people of this countTy that has been man from Ohio [Mr. GARFIELD] would be anything else than par inflicted by all other men combined. It l.tas effectually destroyed tisan in the adjudication of the questions of law and fact presented all confidence in the rectitude, impartiality, and integrity of one-third for the decision of the commission. I was censured by my friends on of the Supreme Court. With pure,·upright, and independent courts this side of the Hall for refusing to vote for that gentleman as one of there is hope that we may survive the venality of politicians, the the members of this commission. patronage of the Executive, the power of the military, and even the It may have been a delusion or a superstition with me that the corruptions of the ballot-box; bot with a judiciary either awed by members of the commission should not have committed themselves, power, corrupted by bribery, submissive to party domination, or di in the face of the whole world, to one side or the other of every dis vested of the confidence of the people the last vestige of hope for the puted question of both law and fact that as judges they were called permanence and security of free institutions is obliterated forever. upon to decide. I knew the fact that he had been one of the wit To these three men belongs the inglorious distinction of bringing dis.. nesses of the misdoings of Wells and Anderson at New Orleans; that grace upon our highest judicial tribunal and prostituting the func he had committed himself to the absolute conclusiveness of the elect tions of their eminent position to the basest partisan purposes. I oral certificates; and I knew also that he was required under the verily believe that their judgments as mem hers of the electoral com provisions of the electoral act to solemnly call down upon his head mission will be execrated by all fair-minded and impartial men of this the vengeance of high heaven if he did not impartially examine and and future generations; and they, consider all questions submitted to him, and a true judgment give Living, shall forfeit; fair renown, agreeably to the Constitution and laws. I was not willing, sir, to be And doubly dying, shall go down an accessory before the fact to the self-stultification of the gentleman To the vile dust, from whence they sprung, from Ohio on the one hand or to the disregard of his sworn obligations Unwept, unhonored, and unsung. on the other. And, when all in this presence shall be gathered to their fathers Mr. Speaker, we have been deceived and betrayed by this high com and the impartial and scrutinizing historian shall make up the record mission. We submitted certain disputed questions of law and fact of the last few years of the first century of our national life and ~f to it as judges, and, instead of deciding these questions as judges, a the first year of its second, he will write no more dis ' 1877. CONGRESSIONAL RECORD-HOUSE. 1937 be appointed by them for that purpose." This bill, or the portion of Kernan, Logan, McDonald, McMillan, Mitchell, Morrill, Morton, Oglesby, Paddock, it to which I havo referred, received the approbation and support of Patterson, Randolph, Ransom, Sargent, Spencer, Tellex:, Wadleigh, Wallace, West, Windom, and Wright-49. . the gentleman from Massachusetts [Mr. HoAR] and every other member NAYS-Messrs. Eat.ou, Goldthwaite, Johnston, Key, McCreery, Maxey, Mer. of the House committee. Such sweeping powers as to the evidence to rimon, Norwood, Stevenson, Whyte, ann Withers-lL be considered were never given to enable the tribunal to pass upon ABSENT-Messrs. :Barnum.I:sayard, Bogy, Cooper. Davis, Dennis, Gordon, Jones the face of the certificates. All those powers are of no con~equence, of Florida, Kelly, Price, Robertson, Saulsbury, Sharon, Sherman, and Thur man-15. if the commission con ld not consider any evid~nce alinnde the papers laid before the two Houses by tho President of the Senate. If the The House resolutions on the same subject were passed by :1 two McCrary bill, to which all the House committee assented, so far as thirds vote at the commencement of tlle present session. Those in the provisions cited are concerned, llad passed, how is it possiule that the Senate were passed by a. vote even more emphatic-49 to 11. By the commission would have passed the following order, submitted by these resolutions both Houses were committed early in this session to Mr. Commissioner HoAR, in the Louisiana case f_ the doctrine that they had thll ri~ht to go behind the fuce of the re Ordered, That the evidence offered be not received. turns and get at" truth and justJCe" in spite of all opposition. In deed, from the time of the election in November until the openinO' of The e~dence offered was that in the possession of the House relat Congress, and down to the passage of the electoral bill, both sides, i•g to the case. democrats and republicans, were vying with each other in protesting The gentleman from Iowa, [Mr. McCRARY,] the author of this bill, the justice of their respective causes, and in demanding a thorough was llle of the objectors on the part of the Hayes electors before the investigation of all the facts. And in order that all the facts might commission, and there spoke at some length. But on that occasion be brought out· and duly considered a commission was created, with he llad no use for the evidence in the possession of the two Houses, all the power of the two Houses, to consider, weigh, and decide the or for a commissioner to take depositions. He suddenly reverses his several cases. position, and declares, in his argument, that the two Houses of Con It was not disputed in the discussions on the electoral bill when it gress have, in reference to t.he count, "the narrowest possible minis was pending in the House, that it provided for a decision according terial duty." He further said that to "count" meant "to enumerate, to Q'uth and the right, and not one based upon legal technicalities. one by one," the votes. That was the power of Congress. That, and The opponents of the bill in the Senate and the House declared nothiug more. If his bill had passed what would he have done with that it authorized an inquiry behind the returns. And this was not the evidence taken by the Honse committee on the Florida election, denied as far as I know. The gentleman from Massachusetts, [Mr. which would have been referred to the commission thereby T Of HoAR,] who was a member of the joint committee, and also is one what use was all this evidence to enable the commission to count the of the commission, said, in his speech in the House, when the elect votes~ one by one t oral bill wa~ on its passage: The commission, under the law as it passed, was to take each case Some gentlemen have spoken of this as a compro-mise bill. There is not a drop and collSider it with all the powers of the two Houses. And I con of compromise iu it. I do not mean that, after it was found that tlle principle of cede the fact that these powers were not defined, and hence the com securing an able and impartial tribunal conformed to the opinions aud desix·es of mission was the judge of its powers. all the committee, there was not some yielding of individual views a.H to detail. nut But who could doubt what tbe!le powers were in the light of the how can that man be said to compromise who, having a just and rig-hteous claim, assert{l it, maintains it, enforces 1t by argument anu pooj, yields no jot or tittle of past record of the two Houses on this subject t Four years ago both it before a tribunal 80 constituted as to im-ure its decision in accordance with jw.tice Houses of Congress, by large majorit.ies, rejected tlle votes of both sets and righteousness 80 jar as the lot of humanity toill admit 'I I think justice and of electors from the State of Louisiana, and the information upon right are compromised when they are submitted for theird.. ci~ion to force. They which the Houses acted was obtained by the Senate Committee on are compromised when they can only be maintained by doubtful uisputedex:ercises of power. They can never be compromised when they are permitted to stand be Privileges and Elections. But the precedents on this subject were fore a tribunal clothed UJith judicial powers, surrotmded by judicial8ajeguards, inoe~ted even later t.han those of four years ago. Both Houses of this Con UJith legal authority by the law ma.king power of t11e country. gress, at the very beginning of the session, appointed special inves Let it not be saifl. that this reasomug implies that truth and error stand un an tigating committees to visit the Southern States whose electoral votes equality; that it makes no difference whether matters b6 settled right or wmng pr·ovided only they be sett-led. It is precisely because truth and error differ; it is were in dispute. The Senate passed, among others, the following reso because of the vast ilifference between t.he righteous result a.n Mr. Speaker, whatever may have been the precedents heretofore, it During the roll-call the following announcements were made: was universally conceded at the time the joint committees were ap Mr. ELLIS. My colleague, Mr. GIBSON, is absent on account of pointed to prepare a plan for counting the electoral vote, that on tbs illness. oconsion, and in this great emergency, nothing would satisfy the 1'83. Mr. BURLEIGH. I am paired upon this qnestion with Mr. JOJI."ES, sonable expectation of the country but a thorou~h inquiry intiJ the of New Hampshire; if he were present he would vote "ay" and I should facts of the late elections of Florida, South Carolina, and Louisiana, vote "no." and a decision of each case upon its merits. And in order to enable .Mr. MONEY. Mr. YOUNG, of Tennessee, is detained from theHouse this to be done the electoral commission was established. The whole by sickness; if present he would vote "ay." conn try rejoiced at the passage. of the bill. It was hailed as a meas The result of the vote was announced as above recorded. ure of peace, of conclliation, of justice. There wa,a no fault in the The question recurred upon agreeing to t.he resolution as amended, law, no more than there is fault in the law creating the Supreme and being put the resolution as amended was agreed to. Court itself. The difficulty is this: that the law bas not been exe Mr. KELLEY. I move that the Senate be informed of the action cuted either in its letter or its spirit. It was established to insure of the House, and that the Honse iB now ready to meet them. justice and righteousness; it has been perverted into an engine of ~he motion was agTeed to. fraud and wickedness. It was created to find out ~be truth; it sought only error and falsehood. It was devised in order that the true will MESSAGE FROM THE SENATE. of the people might be carried into execution; it has stifled the voice A message from the Senate by Mr. GORHAM, its Secretary, informed of the people, and may place a usurper in the seat once filled by Wash the House that the Senate had appointed .Mr. KERNAN a membt!r of ington. It was brought into existence in order to vindicate the purity the electoral commission to fill the vacancy occasioned by the physical of the ballot-box: aml save our country from the condition of Mexico ; inability of Mr. THURMAN. it has brought republican institutions into disrepute and 1\fexican ized the whole elective system. It was intended to quiet the publlc PRINTING IN THE RECCRD. mind and allay the passions of the hour; but it has added fuel to the Mr. LUTTRELL. I ask unanimons consent to introduce a joint flame and provoked such a shower of invective and passionate diM resolution, aud to have it printed in the RECORD. cussion as was never before exhibited in the balls of legislation o in Mr. TOWNSEND, of New York, and Mr. HURLBUT objected. the public press. That, in short, which was launched into existence Mr. LUTTRELL. I ask that it be read. as a panacea for all the ills we bore ha.s proven a Pandora's box, from The SPEA~R. It cannot be read because objection is made. which countless evils have issued forth to afflict the land. [Here the hammer fell.] COUNTING THE ELECTORAL VOTF.S. Mr. McCRARY. I had no thought at all of engaging in this de At three o'clock an~ fifteen minutes p. m. the Doorkeeper an bate. nounced the Senate of the United States. The SPEAKER. The Chair desires to say that the two hours al The Senate entered the Hall, preceded by its Sergeant-at-Arms and lowed for debate have_expired. headed by its President pro lernpore and its Secretary, the memhers Mr. McCRARY. I ilid not know that the time had expired. and officers of the House rising to receive them . .. The SPEAKER. The Chair has no objection to hearing the gentle The PRESIDENT pro tempore of the Senate took his seat as Presicl man. fCries of "Vote!" "Vot-e!" on the republican side of the ing Officer of the joint meeting of the two Honses, the Speaker of the House.) Hoose occnpyin,e: a chair upon his left. Mr. McCRARY. I do not wish to extend the debate beyond the The PRESIDING OFFICER. The joint meeting of Congress for two hours. counting the electoral vote reeumes its session. 'l'he two Houses act Mr. LUTTRELL. I ask unanimous consent that the gentleman ing separately have considered and determined the objection to the from Iowa have leave to proceed. [Loud cries of "No!" "No!" certificate nom the State of Pennsylvania; the Secretary of the and "Vote!" "Vote!"] Senate will read the resolution of the Senate. The Clerk read the resolution, as follows : The Secretary of the Senate read as follows : Resolved. That the vote of Henry A. Boggs be counted as an elector for the State lUsolTJed, Tbat the vote of Henry A. Boggs be counted with the other votes of of Pennsylvania, the objection thereto to the contrary notwithstanding. the electors of Pennsylvania notwithstanding the objection thereto. The substitute was then -read, as follows : The PRESIDING OF.I<'ICER. The Clerk of the House of Repre Resolved. That the vote of Henry A. Boggs, as elector for the Stat-e of Penn sentatives will now read the resolution adopted by the House of sylvania, should not be countod because said Bo_!:tgs was not appointed an elector Representatives. for said State ~ such manner as its Legislature directed. The Clerk of the House of Representatives read the resolution The SPEAKER. The question is first upon the substitute. adopted by the House, as follows : Mr. STENGER. Upon that question I call for the yeas and nays. Resolved, That the vote of Henry A. Bog-gs as an elector for the State of Penn· The yeas and nays were ordered. sylvania should not be counted, because said Boggs wa-s not appointed an elector for The question was taken; and there were-yeas 135, nays 119, not said State_in snch manner as ita Legislature directed. voting 36; as follows: The PRESIDING OFFICER. The two Houses not concurring in an YEAS-Messrs. Ashe, Atkins, Bagby, .John H. Ba•ley, jr., Banning, Beebe, Black· affirmative vote to rt>ject, the vote of the State of Pennsylvania will burn. Bliss, Blount, Boone, Bradforrl, Bright, .John Young Brown, Samuel D. Bur be counted. The teilers will announce the vote of the State of chard. Cabell, .John H. Caldwell, William P. Caldwell, CamUer, Cate, .John B. Olarke Pennsylvania. of Kentucky, .John B. Clark, jr., of MJ• The oa~ of that commission required that they should- and Represent.'1tivcs, who have appended their names to this objection Without partiality examine and consider the qu~tions submitted to the com made to one of the votes of Rhode Island have acted tmder a misap mist>ion of which they were members, and a true Judgment give thereon agreeably prehension of th~ facts and the law of the State applicable to those to the Constitution and the laws. facts. Then, having taken this oath, and the fact being undisputed that Mr. O'BRIEN. It was not expected that the objection which re Watts was a postmaster on the 7th day of November, and the Con ceived the signature of Senators and the Representatives upon this stitution saying that no one holding such an office should be ap :floor in this case would be sustained by this side of the House. There pointed, and their attention being called to that fact-what would be was no intention in offering the objection to raise any question in the crime that they would commit who, in the face of that oath, woulcl regard to the vote of Rhode Island excepting this, that as the demo find that that vote should be counted' That the resolntion offered cratic side of the House believe that the decision of the electoral by Justice Field was not true! He who so voted must have rendered commiRsion in the case of Watts from the St"ate of Oregon waB not a false finding. founded in law but was contrary to law, the propositions which grow [Here the hammer fell.] out of the facts in the Rhode Island case would be presented to the 1\Ir. EAMES. I desire, Mr. Speaker, to make a very brief statement, minorit.y of this House and to the majority of the Senate in order to and I think upon that statement there will not be a member npou this see if they bad the honesty and conscience and _good faith to main floor who will make objection to the vote of 1\Ir. Slater as one of the tain the ground which they then took deJiborately when they voted electoral votes of tho Sta.te of Rhode Island. Under the law of that to sustain the decision of the commission in the Oregon case. State, on the 7th of November l::lst, the republican electors were clwsen The case of Oregon is directly the reverse of the case of Rhode Isl by about five thoUBand majority. UpoH the counting of that Yoto and, save that i-n the one case the elector objected to was a post certificates of election were issued by t.he governor to !lir. Arnold, master and in the other case he was a centennial commissioner. Mr. Corliss, Mr. Fisher, and Mr. Dixon. Very soon after the election, While we on this side of tne House are compelled under the law to and when it was known generally in the country that a single vote abiile by the decision, right or wrong, of the electoral commission, might determine tho general result of the presidential election, it was we bad a desire to know whether our friends upon the republican side also ascertained througb ibepapers that sorueqnestion would be raised of the House would maintain their consistency, and would maintain as to Mr. Corliss's eligi hili ty to the office of elector, because beheld t he and defeutl the integrity of the decision of the commission in the Ore office of centennial commissioner. And upon that, under the consti gon case. Therefore we have presented to them tbCJ proposition which tution of the State of Rhode Island, the governor saw :fit to make cer properly emanates from the objections to the Rhode Island elector. tain mqmnes of the supreme court, so as to be sure that tbe vote of I voted for the electoral bill. I believed it to be constitutional. Rhode Island would be cast as her people bad determined ancl that Further than that I believed that at that time some such measuro there should be no possible doubt in the case. The question submit was imperatively necossa.ry to ward off violence and civil strife. It ted to the supreme court wn~ whether a person bolding the office of seemed to me that there was great and apparent danger to theRe centennial commissioner was holding an office of trust or profit under public because of the difference of opinion which existed between tbe the Constitution of the United States and was therefore ineligible to two Houses of Congress in regard to the proper authority to ascertain tho appointment of elector. Upon that question tho majority of the and count t.he electoral vote. I voted for the hill in good faith; I court, there being one dissenting justice, decided that Mr. Corliss did voted for it with an intention deliberately formed t he does not expect his objection to be sustained by the House. I copies of papers on file: and one of the p:l.pers on file is the appoint therefore ask nnanimons consent that the debate now close and the ment by the governor in a letter addressed to the President of the vote be taken. · United States. But that record of the House proceedings does not Mr. O'BRIEN. I will have to object, for the reason ~":lat there are show anywhere a commission. names on the list of gentlemen who have as much right to be heard Mr. TUCKER. If the gentleman will look at page 13 of the REcORD as I have. of yesterday, he will find the commission : , :Mr. BURCHARD, of illinois. Then if the debate is to continue I To all to whom these presents shall come., greeting: I certify, &o. deRire to say a few words. Mr. PAGE. I hope not. Mr. BURCHARD, of illinois. I do not yield further. The gentle Mr. TUCKER. I object. man is reading from papers presented to the Senate, not papers pre Many MEJ\TBERS. Let us have a vote. sented to t be Honse. The SPEAKER pro tempore. The gentleman from lllinois is enti Mr. TUCKER. Well, sir, I state on my own personal authority tled to the floor. that the certificate of the Secretary of State and a copy of the com Mr. BURCHARD, of Illinois. The consistency of the minority has mission of the President were by me attached to the objection tllat been arraigned in that we have voted to count the vote of the elector was presented to this House. from Pennsylvania which was object(ld to. I desire to call the at Several MEMBERS. Certainly. · tention of this House to the fact that there was no competent evi Mr. BURCHARD~ of illinois. I only state what the RECORD shows dence before this House to sustain the objection in that case. to have been before the House and what was actually read here. No evidence of the ineligibility of Daniel J. Morrell was ever re Whatever may have been presented to the Senate-- ported to this Honse from itscommitt~es. Whatever may have been Mr. TUCKER. I say that this commission was attached to the ob testified to before any committee taking testimony is still under their jection, and was presented here. charge and such secrecy as attends committee proceedings, and has Mr. BURCHARD, of illinois. But, Mr. Speaker, it is claimed that never been put in possession of the House. The unofficial statement there is an inconsistency, and that the action of the commission has of unauthorized persons cannot give the House cognizance of the been improper because the members should have gone into a judicial committee's doings, or make it evidence before the House by attaching investigation or an investigation with regard to the legality of the it to objections made to counting a vote. votes and of the action of the returning board. Reference has been The evidence that accompanied the objections aa read to the House made to the action of Congress in 1800, when a bill on this subject did not constitute legal evidence if it had been laid before the House was before Congress; and John Marshall, the leader in that J<'ed oral by a report from the committee before whom it llad been taken, and Congress, has been referred to as favoring action by Congress to go would not be sustained by ·any court. The only competent evidence behind the action of the duly constituted returning officers of a to show that Daniel J. Morren was a commissioner would be the com State-to go behind the action of State authorities. Let me say in mission of the President of the United States. The RECORD of Sat reply, that Federalist as .John Marshall was, believing in an extent of urday's proceedings simply shows, on page 35, the appointment by power on the part of the Federal Government far exceeding that be the governor, unacco111,panied by any commission from the President. lieved in by the democratic party of that day, if not of the present Was there any evidence before this Honse that Daniel J.l\forrell held day, he did not pret-end to go behind the act.ion of the returning an office under the United States' The record of the Honse pro boards or of the executive authorities of a State to revise or toques ceedings does not show that any such evidence to sustain that objec tion the votes that bad been cast by the Stato in the choice of elect tion was ever before it. · ors. And the text of that bill sustains the action of the commission. Mr. STENGER. Will the gentleman allow me to say that among That bill, of 1800, which passed both Houses, although not in the the original papers accompanying the objection he will find a copy of same form, contained a provision which was indorsed by each Honse the Pre.qident's own appointment. sustaining the action of a majority of the commission. Mr. BURCHARD, of Illinois. I say there has not been read, at The bill as it passed the Senate had this provision in section 8 : least in my hearing, (and I am informed by the Clerk that he read Pro'IJ'i,(kd. always, That no petition or exception shall be granted or allowed lly the original of the papers published in the RECORD,) any evidence of the grand committee wbicb shall have for its object to draw into question the his appointment which would sustain the objection, and no report of nnmb~r of votes on wWch any elector in any of the States t!hall have been ap any committee authorized to take testimony has submitted to the pointed. Honse any evidence of :Mr. :Morrell's ineligibility. I say that they are That bill was referred in the Honse to a committee of which John not here before the House. They may be on the files in the commit Marshall was chairman, and be reported back a substitute which tee-room, but they have not been made a part of the official record of proposed a joint committee of four members from each House to have the House; and if you attempt to throw out the vote of the State of power "to ex.a111iu~ into all disputes relative to the ~lection of Presi Pennsylvania on a tecbnioality, we can reply tbatyouhavenottech dent and Vice-President of the United States, other than such as re nically made out yonr case, if at this count the House had the right late to the number of votes by which the electors may have beeu to rt>ject electoral votes for the alleged disqualification of persons appointed." The electoral commission law of this session was framed composing the electoral college of a State, which I deny. from these bills and incorporates many of their details. The right, Then in reuard to Oregon the language of the statute of that State then, to go behind the returns of the State authorities was expressly is entirely di§-erent from the statute of Rhode Island. In the one case denied, ru1d in the law of this session was nowhere a,sserted. the authority of the electors to appomt ie confined to two cases ; one Mr. CARR. Mr. Speaker, as the bill under which we are proceding when there is a declination, and the o1her when there is a refusal to gives the republican Senat-e full and conclusive power to count this serve for any cause. The language of the Oregon statute is "if there vote over the rightful objections of this Hom1e, and as the recent his shall be a vacancy in the office;" and I ask gentlemen to show that tory of that body assures ns they will count it as cast, without regard an office created by United States law is not vacant when it has not to its legal status, it is quite useless for ns here to enter into an ear been fillt>d. The decision of the court would be entirely different in the nest examinatwn of the anbtle questions presented by the objections. two cases; and there is no inconsistency on this side of the House in Under the operation of this feature of that law this House of Repre voting in the Rhode Island case to count the vote of the elector ap sentatives, once r~garded a..s tho House of Commons of America, is pointed by the Legislature and heretofore voting to sustain the appoint now reduced to nothingness, and the people's Representatives l ~ f-t ment made by the electors in Oregon to fill the office, which was only with the power to fret over that which they are rendered pow vacant and which under the statute of Oregon the electors were au erless to prevent. thorized to fill. There is no analogy between the two cases; there is In defiance of the assert.ions made'in and out of Congress that the no inconsistency in our >otes. adoption of and the proceedings under the now notorious electorall.Jill There are cases in other States where democratic electors have been are" the grandest spectacle of modern days," it at all times bas pre in like manner ineligible; but I believe that the statutes should l.Je sented itself to me as a mammoth farce, a stupendous after-piece whwh int~rpreted liberally for the purpose of giving effect to the will of t.ht' possesses more of the ludicrous than any ever presented from smaller people and not for the purpose of defeating it on technicalities. stages and by a. less distinguished stock company. It needs only the Mr. TUCKER. Does the gentleman say that there was no evidence fertile pen of a Boucicault to bring out in full relief its incongruj.je!!, of a commission in the Pennsylvania case f inconsistencies, and downright buffooneries, that all may recognize Mr. BURCHARD, of Illinois. I say that none bas been read within it as the very burlesque I have conceived it to be. my hearing; and I am told by the Clerk that the record here shows The cha-racter-drawing were safer and better done by other hands all the papers that have been presented to this House. than mine, because I am necessarily restrained by parliamentary law Mr. TUCKER. Will the gentleman allow me a moment f which will preclude that bold touch essential to their "loudness;" Mr. BURCHARD, of lllinois. Certainly. yet I cannot restrain the temptation of "laying in the ground colors" Mr. TUCKER. I read as part of my speech the commission; and aa a foundation for the pencil of some future American artist who it was attached with all the seals and ribbons to the objections made shall aspire to immortality. in the case of Pennsylvania. In the "grande entree" of the play two immense troupes enter from Mr. BUCHARD, of lllinois. Well, the gentleman himself may have opposite sides of the arena, each intentupon one object, and that ob tried to fill out the lack of testimony. ject being the capture of the ringmaster. Here follows a vaRt amount Mr. TUCKER. No, sir, I filled out nothing that was not in the of fine maneuvering and cunning pantomime at the close of wllicb record. each is seen to select the very same device to secure the end. The Mr. STENGER. It is in the record itself. sly winks, knowing nudges, wise grimaces, and secret congratula Mr. BURCHARD, of Illinois. The record shows the seal of the Sec tions on each side, when it was mutually believed the ot.her had been retary of State, attesting that the papers which he send& are genuine outwitted and "sold," are truly amusing; but this grows into au irre- 1877. CONGRESSIONAL RECORD-HOUSE. 1943 • sistiblelaughter, doubly intensified when contrasted with the chagrin, But "aft.er taking," amid the gripes and spasms of the colic, he mortification, and downright despair which settle all over the dis moaned: comfited party when they discover how beautifully they were taken As a mem~er. of the electoral commisB;ion I have given all that I could give of in by their own "sell." earnest, patnotio, steady labor and tlevotiOn to secure ibe jnat execution of the law. My efforts an~ my labors ~ave b~en crownod only by failure. Dl"ep, indeed, is my The side-splitting by-play of the opening scene was that made by sorrow and poignant my disappomtment. the "leading gentlemen" of the unsuccessful troupe, who arranged all the machinery for success upon the theory that seven of their But the grandiloquent of the farce yet remains to be noticed. This number outnumbered eight of the other. The very development of play of "American Politics" would be all incomplete, even with the the error was amusing, but the distorted features the howls of utter profuse display of the "spread-eagle" already alluded to, unless the despair, the expression of blank astonishment which1 flashNl llke a, Star-spangled Banner "continued to wave" prominent above all the shadow over their countenances when they realized their deficient grandeur of the occasion. To produce this indispensn.ble scenic effect knowledge of the simple rules of arithmetic and were brought to a the learned gentleman from the Empire State of New York [Mr. consciousness of their blunder, are overwhelming. FIELD,] is appropriately detailed by the gentleman from Ohio, [.Mr. I have observed in the columns of our daily journals upon one side PAYNE] who, acting as the "great medicine man," is a,dministerino of a patent-medicine advertisement the picture of a long, lean, and the pill. co woe-begone individual, and upon the other side the likeneF.s of one . S~anding to the "right in front" of the grand pageant, six foot two who is hale, hearty, and with a face all aglow with happiness. Un m h1s boots, full of the importance of the occasion, drawing hi8 voice der the first of these were seen the significant words, "Before tak down to ~he pathetic ~one, an? pointin~ to ~he ten-foot flag-staff ing," and under the other the legend, "After taking." Reverse the above, while a wholo natwn helclit·S breath m annoussuspense, he said: locality of these tit}eq and you have an admirable portraiture of the There it floated all through the night watches till tho dayli.,.ht came and as the sun rose over the snow, lig_hting up the Capitol from baaem~t to do~e. the flag '' leauing gentlemen" who engaged in the farce to which I have was furled, and I knew the aay was won. alluded. Mark the ludicrous contrast in these gentlemen before and after The effect was electrical, and the world waited with bated breath taking the alluring, but nauseating, electoral pill. for him to add, '!ho ha_d won the day. For fourteen long, dreary The fine-looking and cultivated O'entlemau from the mother of Pres days they held the IT gaspmg breat.h, to know who had won, and still idents, Virginia, [Mr. WALKER,] "beforetaking" the pill, soared into the eloquent gentleman stood there with his fin~er pointing to the poetry, and, aglow with sudden pleasure, quoted Shakespeare. Said he: flag, and the words still hanging upon his lips.l ' the day was won." Then his lips parted, and " after taking" he a ~ The conservative members of the republican party acknowledged of that Stn,te is of equal validit.y to his own claim to the Presidency after the election that Mr. Tilden was elected, but their radical breth of th~ United State , and he will not be in a hurry to take away the ren were determined at n.ll hazards, at the expense of the peace of proppmg from beneath his own pretensions. Let not democrats who the country, to refuse to recognize Mr. Tilden's authority as Presi cry'' on with the count" lay the flattering unction to their souls dent and to set up Mr. Hayes in opposition. In other words the rad that there is noth~g in t.be future for them but to enjoy office, ical republicans were determined to have a dual administration, which honor, and to bask m the sunlight of the smiles and praise of rail could only result in disorder, national dlliintegration, and bloodshed. road, bank, and corporation capitalists and their subsidized claqueurs. With such dire prospects staring them in the face, the conservative If there is to be a die8 ira:, a j ud~ment day for their republican frit·mlR, republicans of the CONKLING stripe appealad to that gentleman to ~s th~y affect to believe, for domg work in which they are participat join hands with -the demom·a.cy in framing legislation that would mg, 1t would be only natural that a slice of that day of judgment awe the revolutionary members of their party into submission. This should be allotted to them. act to provide for and regulate the counting of electoral votes for I cannot express in words my indignation at the unrepublican and President and Vice-President is the child of that onion. And faith unfair conduct of the majority of the republican party, and especia-lly fully carried out and observed, would not this act, this legislation, of their members on the joint commission. I shall always feeltluit make these revolutionists submissive. the true name iu full of R. B. Hayes is Returning Board Hayes; that If the evidence of how the votes were cast in Florida and Louisi the true name in full of W. A. Wheeler is "Wells Anderson Wheeler, ana in favor of Tilden and Hendricks, and how republican forgers and associating these persons with these names will not beO'et much and corruptionists manipulated these votes so as to change large ma respect and veneration with me, and I think with very ~anv, for jorities from Tilden and Hendricks to large majorities for Hayes and them, no matter what stations they may fill. • ,Wheeler, were admitted, the revolutionary element of the republican Of one republican Senator and one republican Representative on party, desperate a~d unscrupu~ous though t.hey be, wo:nld not ~re to that commission some fairness was expected. 'I'hey have disappointed dispute the authortty of Mr. Ttlden as President. ThlS act des1gned that expectation,. The heat of partisanship bas warped their judg the admission of that evidence; the republican members of the com ments. Of Miller, Strong, and Bradley not only was fairness and im mittee who participated in framing the act acquiesced in the demo partiality expected, but no presumption ran n.gainst that expectation. cratic claim to admit evidence under it; and in the expectation that They too have fallen beneath the Juggernaut of partisanship. all evidence necessary to show for which candidate majorities were The Florida, Louisiana, and Oregon decisions will stand as another cast in Louisiana, Florida, and other disputed States would be admitted tower of Babel, reared to circumvent, not only the express will of a by the commission constituted by the bill, it became a law, principally large majority of the American people, but also the eternal principles by democratic votes; and in the same expectation it was opposed by of justice and right. a large republican vote in each House. To admit such evidence is The projectors of the first Babel and their work have disappeared the spirit and letter of this act, but the republican majority in the com from the memory of man and the face of earth, and are recalled only mission refused to carry out the act according to tb is lettar and spirit. to be ridiculed and dP.spisecl, and so it will be, and even now is, wit.h And now, in the face of frauds most glaring and a law disregarded the three I have named. Their usefulness is gone, their action is not all committed and done to make Rutherford B. Hayes the Executive above suspicion. In trying to cloak the rascalities of Wells, Ander of this Government for four years-democrats arise in their places in son, and their associates, and to elevate Hayes to the Presidency by this House and indulge in platitudes about honor and good faith. fraud, they have pulled themselves down to a plane on which juuges And very singular to say, some of the men most prominent on this cannot stand and command the respect of the peoplo. floor and in caucus on tbe democratic side in advocating a speedy count ~ut of .what use is it to waste indi~ua.tion and words on dead men ' and qoick announcement that Hayes is elected are men whose names It IS to bve men I would and do a I a.sk for a vote on the pending resolutions. having separately determined upon the objection to() the cettHicate The SPEAKER. The gentleman from Kentucky is now entitled to from the State of Rhode Island, thP. Secretary of the Senate will read the floor. the resolution adopted by the Senate. .Mr. WHITE. I waive any 1ight I may have to be hea-rd on this The Secretary of the Senate read the resolution, as follows: question, and call for a vote. Resolved, That the vote of William S. Slater be connt~d with the other votes of Mr. WOOD, of New York. I move the Housedonowproceeil to vote the electors of Rhode Island, notwithstanding the objections made thereto. on t.he pending question. The PRESIDING OFFICER. The Clerk of the House of Repre The SPEAKER. The Clerk will read first the resolution offered by sentati ves will now read the resolution adopted by the House of the gentleman from Maryland [Mr. O'BRIEN] and next the substitute Representatives. offered by the gentleman from Rhode Island, [Mr. EAMEs.] The Clerk of the Honse of Representatives read the resolution The CLERK. Mr. O'BRIEN's resolution is as followM: adopted by the Honse, as follows : Resolved, That the vote of William S. Slater as elector for the State of Rhode R.esoZved, That the Yoto of William S. Slater, as an elector of the State of Rhode IslaDoll should not be counted, because said Sl::~.ter was not appointed or elected Island, be counted, the objections to the contrary thereto Dotwitbstanding. elector for said St3te in such manner as its Legislature ha.d directed. The PRESIDING OFFICER. The two Houses having concurred Mr. EA111Es's substitute is as follows: in an affirmative vote not to reject the vote of Rhode Is1aml, t.hat Resolved, That the vote of William S. Slater, as the electorfor the State of Rhode Island be counted, the objections thereto to tho contrary notwithstanding. vote will be counted. The tell~rs will announce the vote of Rhode Island. The substitute waa agreed to; and then the resolution, as amended, 1\fr. STONE, (one of the tel1ers.) The St.ate of Rhode Island casts was adopted. four votes for Rutherford B. Ha.yes, of the State of Ohio, for Pre i Mr. WILSON, of Iowa. Now Mr. Speaker, I move the Senate be dent, and four votes for William A. Wheeler, of the State of New notified of the action of the House in reference to the electoral York, for Vice-Presiflent of the United States. vote of the State of Rhode Island, objected to, and that the House is The PRE:SJDlNG OFI!,ICER. Having opened the certificate from now ready to meet the Senate in joint meeting and continue the t.he St.a.t.e of South C:.tro.liua, received by mee!!enger, the Chair hands connt of the electoral vote for President and Vice-President. it to the tc11ors ·to be read in the presence and bearing of the two Mr. KNOTT. I move as a substitute for that the following. [Cries Houses. The Chah· also hands to the tellers the corresponding cer of" Vote I" "Vote!"] I understood a, motion was made that the Senate tificate received by mail. be notified of t.he decision, and that this House is now rearly to meet. t)p.nator ALLISON (one of the tellers) read the certificate. that body in joint session. I offer what I send up to the Clerk's de~:~k The PRESIDfKG OFFICER. Another ceTtificate from the State as a substitute for tlw.t motion. of Sonth Carolina has been received by mes~:;engeT and also by mail. The Clerk read as follows: The Chair hands it to the tellers to be rea.d in the presence and hear Orde:red, That th~ C':erk of this House notify the Senate of tbe decision of the ing of the two Hou~:;es. House in the case of the State of Rhode Island, and that the House of Representa Mr. STONE (one of the tellers) read the certificates. t.ives will meet the Senate in this Hall at ten o'clock to-morrow m '> rnin~ to proceed with the counting of the electoral vote for President and Vice-President of the The PRESIDING OFFICER. Are there objections to the certifi United States. cates from the State of South Carolina f The question.on the substitute was -submitted to the House. Mr. COCHRANE. On behalf of the Senators and Representatives Mr. McCRARY. I rise to a point of orrler. The bill under which whose uames are thereto attached, I submit the following objecLions we are acting provides in the conclusion of the first section that when to the certificates a.nd papers purporting to be certificates of the elect the two Houses ha'Te voted they shall immediately again meet, anrl the oral votes of the State of South Carolina cast by C. C. Bowen and presiding officer shall then announce the decision of the questions others. so bmi t.ted. The PRESIDING OFFICER. The Secretary of the Senate wiU read Mr. LANE. The point of order comes too late. The House has di the objections. vided and the qnest.ion bas been taken for and against. The Secretary of the Senate read as follows: 1\ir. WALLING. The Ho118e has divided on the amendment, ancl it The undersigned, Senators of the United Stat-es and Members of the House of RepresentativE-s, object to the c~rtificate. The PRESIDING O~,FICER. Are there further objections to the Mr. CONGER. I ask that the statement of the Sergeant-at-Arms certificates from the Stat-e of South Carolina f be printecl in the RECORD. Senator PATTERSON. I submit, on behalf of the Senators and The SPEAKER. Does the gentleman want the vouchers to be also Representatives whose names are attached thereto, the following ob printed T • jections to the certiticatos and papers purporting to be certificates of Mr. CONGER. No, sir. the electoral votes of South Carolinn. cast by Theodore G. Barker and There being no objection, the ~tatement was ordered to be printed others. in the RECORD. It is as follows : The PRESIDING OFFICER. The Clerk of the House will read the OFFICE SERGEANT·AT-.Aro!s, HOUSE OF REPREBlrnTATIVES, objections. Wr.shington, D. 0., February 26, 1877. The Clerk read the objections as follows: To the House of Representatives: The undersigned Senators and members of the House of Representatives of the As required by law I herewith submit a statement of money paid out for expend United States object to the certificates and papers purporting to be certificates of itures, with accompanying vouchers of the committees of the House to investigate the elecroral votes of the State of South Carolina, cast by Theodore G. Harker, the recent elections for President and Vice-President of the United Stat-es in the Samuel McGowan, John W. Harrington, John I. Ingram. William Wallace, John States of South Carolina, Florida. and Louisiana., and in the cities of New t"ork, B. Erwin and Robert Aldrich, and by each of them, a.nd t.o the list of votes by 1 ~~~~t;'!~:u:e.~ -~~~·- ~~~ ~~~~~~~: -~ !~~~~~~·- ~ -~~ ~ ...... 814,5~0 06 them ana eaoh of them signed and cet'tified as gi>en for President of tho United Florida...... •. ..•...... ••..•••••....• .•.•••.... •...... •.. 10,679 132 States and for Vice· President of the United States, for the following reasons: Louisiana...... • . . • • • • ...... • • • ...... • . . . • ...... • . 33,242 00 I. New York, &c...... 4,6.')6 08 The said Theodore G. Barker, Samuel McGowan, John W. Harrington, John I· In!!rllm. William Wallace, John B. Erwin, and Robert AlJrich were not, nor was Total ..•..••••••.•.••..••..•••••..••••..•.•••...... ·····-.... 63,097 96 eitftor of them~. appointed an elector of President a.nd Vice.President of the United JOHN G. THOMPSON, States for the ::;tate of South Carolina. n. Sergeant-at-Arfns of th8 HO'Ulie of ReprtUJentatives. The said papers have not annexed to them a certificate of the ~overnor of South LEAVE OF ABSENCE. Carolina as required to be made and annexed by sections 136 and 138 of the Revised Mr. MILLIKl!lN, by unanimous consent, obtained leave of absence Statutes of the United States. m. for the remainder of the session, on account of important business. The said papers have not annexed to them a list of the na.me.~ of the said Theo THEODORE B. HOOK. dore G. Barker, Samnel McGowan, John W. Harrington, John I. Ingram, 'Villiam Wallace, John B. Erwin, and Robert Aldrich as electors, to which the seal of the On motion of Mr. BAGBY, by unanimous consent, leave was given State of South Carolina wa.s affixed by the secretary of state, am\ signed by the t.o withdraw from the files of t.he House the papers in the case of governor r..nd secretary as required by the general laws of South Carolina.. Theodore B. Hook, there bP.ing no adverse report thereon. IV. IMPROVEMENT OF MISSOURI RIVER. For that C. C. Bowen, John Winsmith, Thomas B. Johnston, Timothy Hurley, The SPEAKER, by unanimous consent, laid before the Honse a !~1 ~~p~~~::i·~:l~i~?~~d!:t ;;;n;~u!it~ls~~:~o~*e a.~~~~ s!~~t letter from the Secretary of War, transmitting report of chief en Carolina., and as such electors, at the time and place prescribed by law, cast their gineer on the improvement of the Missouri River opposite Nebraska votes for Rut.herford B. llayes for President of the United States an :Mr. O'NEILL. Does that apply to any oth~r documents than those propriations on this bill, the amount of which haa been already which are already free in the mails' heavilv increased. Mr. VANCE, of Ohio. It does not ch:1nge the law at all; leaves it Ur. WALLING. I move to amend the amendment by striking out aa it now i for nine months af-ter their terms have expired. ciently. The amount appropriated by this bill as oricrin:illy0 intro 1\Ir. VANCE, of Ohio. That is all. duced is not enough to pay the incidental expenses of these offices. The amendment was agreed to. We are every year losing more by millions for want of surveys of Mr. TOWNSEND, of Pennsylvania: Before we pass from this part of timber land in the Territories than we are craining by this species of the bill, I desire to offer an amendment to come in after the clause ap legislation. It is bad economy. The ~endment I -have offered propriating $105,000 for the printing of the Post-Office Department. should be adopted and also a further one which I shall offer, provid I send the proviso to the Cl~rk's desk to be rea(l. ing that the timber lands of the country shall be first surveyed un The Clerk rea-d as follows : der the provisions of this bill and then offered for sale. Otherwise Provided, That $2,000 of that Rum may be disbt~ed under the direction anr'l i!U· we lose all that is valuable in these lands. pervisiou of the Postmaster-General for compiling a history of the Post-Office De Mr. HOLMAN. It is stmn~e that the gentleman from Ohio, a partment from its origin to the present time, including a catalo~rue of the Post masters-Genera,!; witll a brief account of their Hervices, the hist.ory of the reduc member of the Committee on Public Lauds, has not been willing to tion of postage to its present rates, ocean po11tage, int-ernational po!!ta!!e, railway pay a little attention to the coorse of legisbtion on tllis subject. It mail service, appllimces for the usc. security, aud celerity of the mails, and such bas been stated time and again, and I thiuk with the general con other matters a:~ will show the progress of onr national postal system. sent of the Honse, that the appropriation made for the snrvevors 1\Ir. BOL~IAN. I rise to a question of order. general was with the view of closing up t.hese offices. I unders~taud 1\Ir. TOWNSEND, of Pennsylvania.. I have the floor. that the proposi t.iou will be submitted by the gentleman from Oregon The CHAIRMAN. This question of ordtlr ha-s already been dis to abolish the office of surveyor-general, which is manifestly an un posed of. necessary office. Mr. TOWNSEND, of Pennsylvania. I ask that a telegram from the As to tl1e public, lands permit me to sa.y a word. These lands are Postmaster-General be read. now being exhausted rapi . 1877. CONGRESSIONAL RECORD-HOUSE-a 1951 came before the Committee on Public Lands of the last Congress, I will not take up the time of the committee further, Mr. Chairman, when it was thoroughly examined; and it was unanimously the opin but express the hope that the committee will vote for this amend ion of the committee that this enterprise should continue to receive meur;. the care ~d support of the Government. .. Mr. SEELYE. Mr. Chairman, the discussion this morning only In the limited time during which this survey has been carried on, illnstrates the propriety of the remark I mad_e the other day, that we it ha-s done a great work in the exploration of our western territory. ought to have a bureau of surveys. The increased appropriation for Professor Hayden has in that time surveyed partially Nebraska, Wy the general survey of the Territories seeillii to me to have been wise, oming, Colorado, New Mexico, Montana, Idaho, and Utah. He has but that survey is far less desirable than these particular surveys brought to publio notice vast tracts of land hitherto unknown, some which are now before the Honse. It is well known that we have not of them valuable for their deposits of gold, silver, iron, quicksilver, an acre of arable land west of the one hundredth parallel, except a. and copper; and he has pointed out to people who wish to emigrate little in the Northwest, which can be brought under cultivation ex from the thickly settled, densely populated portions of the country cept by engineering appliances, for the reason that there is less than suita.ble tracts of the public land on which they may settle. twenty-four inches rain-fall in nll this region. Hence one thing we. This survey has received the commendation of all the scientific so need to know is what part of this vast territory can be brought un cieties of the country and has also become well known to the learned der cultivation by irrigation. societies of Europe. So well established is its character, so highly Besides that, there is a large portion of_valuable mineral lands, as is it thought of by those learned societies that they have given it we know, besides valuable coal-fields, valuable timber lands, and universal commendation; and Professor Hayden is now the recipient also vast regions of pasturage. of the honor of more than twenty-five memberships of learned socie Now, in order to know where these lands lie, what these lands are, ties of Europe and America. and how valuable they are, we neecl_these particular surveys which This survey is valuable in every direction. It has not of late years Professor Hayden and MaJor PoweU~re conuucting. I hope the in received that adequate support which it deserves; and there are now creased appropriations offered by the gentlemn,n from Penusylvauia on hand, waiting an appropriation, several volumes ready for publi [Mr. TOWNSEND] for Professor Hayd~n, and to be offered as I under cation. Already some forty-one publications connected with this sur stand by unanimous vote of the Committee on Public Lands for Major vey have been issued, publications of the greatest value which are Powell, will be voted by this committee. It is indispensable we eagerly sought for not only in this country but throughout the world. should have this in order that we may know exactly what the terri [Here the hammer fell.] tory is and in order we may bring it into use. Mr. HOLMAN. I now ask th~t by unanimous consent all debate Mr. BELFORD. I hope the amendment offered by the gentleman on this paragraph cea-se. from Pennsylvania will prevail, and that nothing will be done to Several MEMBERS. 0, no. embarrass the carrying forward of these surveys in the West. With Mr. BANKS. I hope the gentleman from Indiana will let ns have the exception of last year, the usual appropriation made has been a. little more time. $75,000. The survey now bas an organization of learned scientists, Mr. HOLMAN. I move that the committee rise in order that the and any legislation impairing its efficiency would be especially detri Honse may close debate. Gentlemen must see that if this bill is not mental to the State I have the honor to represent. I am familiar put through within the next hour or two it cannot get through at with the work of this survey, as much of its labors have been per.. this session. formed in Colorado, and I am justified in declaring that the results 1\fr. TOWNSEND, of Pennsylvania. I hope we shall have oppor of these surveys have added infinitely more to the revennes of the tunity to be heard. Government by stimulating immigration and settlement in that re Mr. BANKS. Let us have fifteen or twenty minutes. gion than three times the amount appropriated. The question being taken on the motion that the committee rise, Every country of Europe that enjoys a permanent and stable gov there were-ayes 91, noes 42. No quorum voting. ernment has its geological surveys, continues them for years, and Mr. TOWNSEND, of Pennsylvania. I call for tellers. prizes the work done. In France the first survey was organized in Mr. HOLMAN. Does the gentleman want to force an extra session 1811, in Great Britain in 1835, and both count-ries have continued them of Congress t - to the present day. In Germany prior to the formation of the pres Mr. BANKS-. We only a.sk fifteen minutes; a vote by tellers and ent empirE\ every onE\ of the small states which now constitute the the rising of the committee will take almost that much time. empire had its own geolo~ical survey, which even now, in spite of Tellers were ordered; and Mr. BANKS and 1\Ir. HOLMAN were ap- the consolidation, is carrieu on by a separate bnreau. pointed. The practical results obtained by surveys of this kind are depend The committee divided; and the tellers reported-ayes 92, noes 42. ent somewhat upon the character of the country explored and upon So the motion was agreed to. the standard of the work. - The committee accordingly rose; and 1\Ir. CLYMER having taken One of the greatest and most inexhaustible sources of revenue for the chair as Speaker p1·o ternpm·e., Mr. BucKNER reported that the Com a country is its mineral wealth. This has been duly recognized in mittee of the Whole on the state of the Union, having, according to foreign countries, and the control over mineral and kindred deposits order, had under consideration the Union generally, and particularly has been exercised and reta.ined by the Government. In order to pre the sundry civil appropriation bill, had come to no resolution thereon. vent the useless wast-e of money and time in "prospecting," e:special 1\Ir. HOLMAN. I ask unanimous consent that all debate in Com attention is given by the members of surveys to the mineral resources mittee of the 'Vhole on the paragraphs in regard to explorations or and very valuable results have been obtained. It has been estimated surveys be limited to ten minutes. by the late Professor Jukes, formerly in charge of the English geo Mr. BANKS. Say fifteen minutes. logical survey, that no less than £150,000 have been uselessly ex Mr. HOLMAN. Well, I modify my motion, so as to close debate on pended there in the search for coal. Had good and reliable geological these paragraphs in fifteen minutes. maps, accompanied by the necessary sections, been on hand, much of 1\Ir. STEVENSON. I desire to offer an amendment to the paragraph this would have been saved. With the aid of these, even a mn,n ig in relation to Major Powell. norant of geological laws could have determined with a considerable Mr. HOLMAN. This motion will not cut off amendments. degree of accuracy the existence or absence of valuable minerals at The motion of Mr. Hou.UN was agreed to. any one given locality. While on the one band a saving is tlms On motion of Mr. HOLMAN, the House again resolved itself into effected, on the other absolute gains to the State and community may Committee of the Whole (Mr. BUCKNER in the chair) and resumed result from discoveries made. the consideration of the sundry civil appropriation bilL. Tn,king the case of the Uni~d States, where thousands of square Mr. BANKS. I hope that the committee will agree to the amend miles are as yet unexplored alrd are owned by the Government, it ment offered by the gentleman from Pennsylvania, (Mr. ToWNSEND.] seems absolutely necessary that we should follow t.he example of older It is substantially for the publication of the results of surveys com countries, and in justice to the Government and to the people have pleted within the last two years, and not yet published, embracing these examinations made. The unknown wealth of our western country seven Territories-Idaho, Montana, Wyoming, Colorado, Utah, New in precious metals, coal, salt, &c., can much sooner be brought to Mexico, and Dakota. These surveys are important, and the report light by the aid of a well-organized survey than otherwise; and again, of them includes information of great value in relation to all these regions of doubtful value can be examined and their merits or de Territories, their geology, topography, mineralogy, irrigable lands, merits be made known to those who otherwise would waste time a,nd the mountain structures (so far as they concern drainage, &c.) and money on them. This is but one of the practical features of a geolog the climatic conditions of that large section of the cont'inent. The ical survey. Another is that touchinO' agricultural interests. It is Government has expended liberal and large sums of money for the well known how much depends upon ahow ledge of the character of purpose of obtaining by careful and exact scientific surveys this in the soil which we propose to cultivate. A geological map, accompn, formation that is indispensable to a knowledge and settlement of the nied by a faithful report, will invariably afford vn,luable suggest ions country. How unwise it is to get it at such cost unless we publish as to the information desired. P,.rofessor Lesley, one of the veteran it 'f All that is required to print the surveys that have been com geologists of the United States, says a geological survey "is designed pleted in the last two years in relation to these seven Territories and to teach all, every farmer, every citizen, what and where are his embracing all these important features that I have enumerated is the stuffs for livelihood." small amount proposed bythegentlemanfromPennsylvania. Twen In a thickly settled country geological investigations can be made ty-five thousand dollars can well be appropriated, even in this period more readily and at a smaller expense than in an unsettled one. of industrial and financial depression, which aids so directly the de \Vherever mineral deposits in large or small quantities exist in the velopment of the material wealth of ~he Republic. former, they will be comparatively well known, and it then devolves 1952 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, upon the survey to determine their horizontal and vertical extent. year after, without any injury to the public interests whateve1·; and .. I n an ent irely unknown district the responsibility is much greater. yet gentlemen are seeking to increase the amount of this appropriation. B ~ hiAown exertions the geologist must find these deposits and by Mr. LUTTREl-L. Is not a portion of this appropriation used for pnbJisbing their existence confer a benefit upon his government and the publication of the works in regard to the results of the expedi people. tion f A qnestiou of importance is, how shall such surveys be carried on, 1\fr. HOLMAN. I am willing that they shall use as much of the and by whomi $50,000 as they wish. But I assert, in the the pre ent conclition of Here again we may perhaps best inquire into what has been done our affaii·s-in the present condition of the taxa,tion of our country, in countries of much older civilization than the United States. In the oppressions resting on the shoulders of labor, the arduousness of all of them the control of surveys is vested in the central govern the struggle to pass through this crisis in t.he financial affairs of the ment. Competent men a1·e appointed to take charge of the work and country-the appropriation of large snrus of money for purpo es submit their reports and all other results to those authorized to receive which may be postponed as well as not is actually cruel and oppress them. One advantage the geologists of those countries have that have ive and entirely unjustifiable. I think the appropriations recom mainly been under military rule for so long a time is that they are mended by the Committee on Appropriations- 50,000 for Professor supplied with maps prepared for military purposes reduced from the Hayden, $20,000 for Lieutenant Wheeler, $20,000 for Major Powell, large scale maps belongin~ to the land offices. Professors of univer and $18,000 for Major Elliott-are very ample. And yet, although sities and others of recogmzed ability in some instances aro intrusted these appropriations have now swelled to the enormous proportions with carrying out the work. I have stated, an additional 25,000 is asked for. These surveys are the avant-co-ureurs or pioneers of our western It should be remembered also, that many of these are duplicate civilizAtion. They push forwaJid into our vast public domain; ex surveys, going over the same ground. I ask gentlemen to be satisfied plore the valleys, parks, caiions, a!Jd mountains, and by their exnmina with a moderate appropriation, at least until these snrveys ~:~ball be tions, as presented in their annual reports, geological and mineralogi placed under some common head so that these exp~nditures ma.y be cal maps, weareinformedofourmineraldeposits; anclouragricultural, intelli~ently applied, instead of bein~ applied in going over the same grazing, and irrigable landtf are described, altitudes made known, ground. I now ask that the amendment offered may be read, as I botany reported upon, and incidental to this our whole na,tural his desire t.o make a modiiication of it. tory is given, all of which aggregate to us a knowledge incalculable l\Ir. BA....l>fKS. Will the gentleman from Indiana allow me to ask in its imoort,ance. him one question' I ask him, is it possible to revive the fioancia,l Mr. MONROE. I move to strike out the last two words of the aft'a,irs of this country by strangling tho efforts of its people to in amendment proposed by the gentleman from Pennsylvania, [Mr. crease the development of its ma,teria,l resources f TOWNSEl\'D] for the sake of calling the attention of the committee l\Ir. HOLMAN. This is not. for the benefit of the people at all, as to one or two points in favor of these explorations which have not the gentleman knows. It is for the benefit of the shrewd adventur yet been presented. ers who avail themselves of the information afforded by theRe sur I wish to make mention of one fact which has lately been presented veys. 'rhe real pioneers and frontiersmen are left behind while spec to the American public as illustrating the great importance of per ulators get ahead. I ask that the amendment may be read. fectly accurate and thorough surveys of all our Territories at an early The Clerk read as follows : period. Strike out "$50,000" and insert "$75,000 " in the first paragraph under the head It is well known to many members of the House that tbe great State "geological and geographical surveys." of New York lately, through its Legislature, organized a company to resurvey that whole State. It was found tbat all the old surveys lli. WALLING. I ask the Clerk to report th8 paragraph as it will were inaccurate, and a gentleman of great"intclligence from the State be read if thus amended. of New Yorkwith whom I hadthepleasureof couversingtheother day The Clerk read as foliows: told me thattherewasgreat doubtwhethertherewasa single county For t:D.e continuation of the geological and geographical survey of the 'l'errito line or a single township line in the whole State which was strictly .ries of the United States, under the direction of t.he Secretary of the Interior, by correct, and hence the act for a new survey of the !:;tate for tlle sake Professor F. V. Hayden, $75,000, to be immediately available. . of accuracy. The surveyors.have recently been fixing the corners of Mr. TOWNSEND, of Pennsylvania, rose. some counties. They found the old surveys very inaccurate. :Many The CHAIRMAN. The time allowed by the Houso for debate on ludicrous blunders ha,ve occurred and some oppression has been auf this paragraph has expired. fered in taxation in that State in const-quence of those errors. Rail Tho question being taken on the amendment of 1\-!r. TOWXSEND, roads, for instance, I am told in some cases have sulJmitted to the in of Pennsylvania; there were-a,yes 86, noes 55. justice of paying taxes twice over in different townsllips becu,use the Mr. HOLMAN. A quorum has not voted. I call for tellers. lJoundary between the townships was not clearly ascertained. Other Tellers were ordered; and Mr. HOLMAN, and Mr. TOWNSE m, of wrong and confusion have occurred in consequence of these inaccu Pennsylvania, were appointed. racies. The committee again divided; and the tellers reported ayes 97, Now, what we need in order to prevent evils like this is to have noes 53. our new Territories surveyed in the manner in which the Hayden So the amendment was agreed to. party are surveying, by triangulation and by astronomical observa Mr. HOLl\IAN. I give notice that I will ask for a vote on this tion. A party like this of Hayden's begin by establishing a few amendment in the House. prominent points, such as mountain peaks. Their exact localit.y is The Clerk read the following amendment: fixed by astronomical observation. Then with base lines determined For the completion of the lreograpbica.l and geological survey of the Rocky in this way, they proceed to ·survey the territory by triangulu.tion, Mountain region, including the preparation and publication of maps, charts. and fixing the locality of all prominent points. All subsequent surveys other illustrations necessary for the reports of said snrvey, by J. W. Powell, of the public lands then can be made from these points so estalJ under the direction of the Secretary of the Interior, 20,000, to be immediately lished. available. I was told by this gentleman from New York that it would perhaps Mr. STEVENSON. I offer the following amendment: cost the State of New York $5,000,000 at this late day to have an ex Strike out "$20,000" and insert "~0,000." actly thorough survey of that State-one which could be trusted. Just one word more. I want to call the attention of this commit I think sufficient has already been said on this subject to render tee, and think it but a simple n.ct of ,Wstice to do so, to the excellent unnecessary any further argument. reputation of Professor Hayden, the head of this survey, in regard The question being taken on l\Ir. STEVENSON's amendment, there to economy in the expenditure of the public moneys. I wa,nt to call were-ayes, 72, noes 49. the attention of my friend from Indiana, [:Mr. Hou-IAN,J the chair Mr. HOLMAN. A quorum bas not voted. I shall not make that man of the Committee on Appropriations, to that fact. He is prob point, but shall ask for a voto in the House. ably aware of the fact that Professor Hayden is regarded by the So (further count not being called for) the amendment was agreed Department as being exceedingly particular in regard to the manner to. in which every dollar is spent. He is a strict constructionist of the The CHAIRMAN. The reading of the bill is now completed; but law, and makes it a matter of conscience that not one cent of ~he there is still pelllling the point of order made by the gentlema,n fr9m money appropriated to his party shall be expended otherwise than Michigan [Mr. CONGER] on the last paragraph of the bill. The Clerk according to the spirit and the letter of the law. will read that paragraph. [Here the hammer fell.] The Clerk read as follows: Mr. HOLMAN rose. That the snm of $375,000, or so much thereof as ma.y be necessary, be appropri Mr. TOWNSEND, of Pennsylvania. I ask the gentleman from In ated to pay the amount due to mail contractors for mail service performed in the diana to allow me a, minute to explain. States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Missi!'sippi, Missouri. North Carolina, South Carolina, Texas, TennEl!lSOO, and Virginia.. in the lli. HOLMAN. The gentleman has explained well and fully al years 1859, 1860, 1861, and before said Stat.es respectively engagell in war against ready. I wish to say that these surveys commenced a few years ago tht» United States; and theproriAionsof section 3480of the Revised Statutes of the with an appropriation of $5,000. A gentleman by -the name of J. Ross United States shall not be applicable to the ~ayments herein authorized: Provided, Browne commenced this system with an appropriation of $5,000, and That any such claims which have been paid by the Confederate States government as the natural result of entering upon this species of expenditure, we shall not be again paid. have now appropriated by this bill the sum of $108,000 for surveys l\Ir. VANCE, of North Carolina. I wish to offer an amendment to which may be performed this year, or postponed to next year, or the the last paragraph. 1877. CONGR.ESSIONAL RECORD-HOUSE. 1953- • Mr. BLOUNT. I understand that the point of order is pending. "":hich the. parties iJ;tvolved were denied the right of trial by jury, de The CHAIRMAN. The point of order raised by the gentleman med the nght of tnal at all; and ere five years had elapsed after the from Michigan is pending. close of the struggle which gave birth to all the e animosities and Mr. CO~GER. If gentleJ?en wish to offer a substitute for this par::tr bates, our fathers were enabled to rise up in a spirit of patriotism graph whtch may not be hable to the same objections, I am willin(l' and a spirit of liberality and throw off these prejudices and return to to withdraw the point of order for the present until the substitute i~ healthy and wholesome legislation. read. I do not, however, withdmw it entirely. The. CHAIRMAN. The Chair would state to the gentleman from Mr. VANCE, of North Carolina. I offer the following amendment: Geor~a [Mr. BLOUNT] that he would prefer to hear him upon the That the ~ec~etary of the Interior be, and be is hereby, authorized an. d directed questiOn of order rather than upon the merits of the case. to pay to Prmmpal Chief Syrd R. ·welch and C. H. •rayler, aa authorized andre Ur. BLOUNT. If the Chair will permit me, I think I shall ~ke quested by ~t of ~e council of the eastern band of the Cherokee .Indians, passed what I am saying pertinent to the point of order before I get through. yctober 4, l816, the.tr actual an~ necessary expenses and $4 per diem each, for serv if Ices as representatives from sa1d band, the same to be paid from any funds under I am willing to stop the Chairman will not take my statement to the control of said Secretary belonging to said band of Cherokee Indians : Pr01Jided that effect. further, That this appropriation be made available at once. Sir, w ben our fathers came to adopt the Constitution they expressly enacted this provision : Mr. HOLMAN. That amendment is not germane to the paraO'raph That no bill of attainder or ezpostjacto law shall be passed. upon which the question of order was raised. t:> The CHAIRMAN. The Chair decides that it is not germane to the They put an inhibition against Congress enactinO' any le;,.is1ation paragraph. which was in the nature of bills of attaind~r or ~ poBt f~to laws. Mr. ~ ~CE, of No~h Carolina. I "!llderstood that the gentleman Now, sir, what is the clause of the existing law T The language is from Mwhtgan had withdrawn the pomt of order, and this is simply as follows: an amendment to the paragraph. SJ_ than death, it is called a. bill of pa~a and.. penalti~. Bnti~ the sense of t~e Con By Mr. BLAND : A paper relatin~ to the establishment of a post stitution it seems that bill of atta.mder mclnde bills of pams and Renal ties; for the Supreme Court have said: "A bill of attainder may affect the liie of an indi route from Saint James to Swiss, Missouri, to the same committee. vidual, or may confiscate his property, or both." By Mr. CABELL: The petition of citizens of Pittsylvania County, Virginia, for cheap telegraphy, to the same committee. Then he goes on to discuss this matter at large ; but I will not By Mr. CRAPO: The petition of Alexander H. Corey and others, of take up the time of the Committee of the Whole by reading what Westford, Massachusetts, for cheap telegraphy, to the same commit he says upon it. He concludes by saying: tee. The injustice and ~qnity of such acts, in general, constitute an. irresistible !1-r· By Mr. CROUNSE: The petition of J. H. Eddy and others, of Ne gnment against the e:!.'"l.Stence of the power. In a free government 1t would be m braska, that settlers on the public lands may have the time of their tolerable · and in the hands of a 1-ei~ing faction it mi~ht be, an