J074 CONGRESSIONAL RECORD-SENATE. JANUARY 29,

By .Mr. STRAIT: The petition of Hugh Thompson and 31 others, Resolved, fttrther, That the secretary of state shall immediately forward copies of these resolutions to Senators and Representatives in Uongress, and one copy to of Minnesota, of similar import, to the same committee. the Speaker of the House of Representatives. By Mr. TOWNSEND, of Pennsylvania: The petition of Joseph R. J. L. GIBBS, Smith, WilliamS. Hamill, James M. Smith, and others, of similar im- Speaker of the HO"use of Representatives. port, to the same committee. . J. D. WAKEFIELD, Also, the petition of l\L ·whitmore, Thomas J. Parker, W. Creef'e, President of the Senate. and HiO other citizens of Allegheny, Pennsylvania, for the repeal of Approved January 19, A. D. 1877. the check-stamp tax, to the Committee of Ways and Means. STATE OF ~ESO'I'A, OFFICE OF THE SECRETARY OF STATE, By Mr. WILLIAMS, of Delaware: The petition of citizens of Sus­ Saint J>aul, January 19, A. D., 1877. I, J. S. Ir~ens, secretary of state of the State of Minnesot.'l, hereby certify that sex County, Delaware, for cheap telegraphy, to the Committee on the foregoing has been compared with the original on file in this office and is a true the Post-Office and Post-Roads. coWitness my hand and the great seal of the State the day and year above written. I~EAL.] J. S. IRGENS, Secretary of State. l\Ir. CHRISTIANCY presented the petition of Professor S. Fleming IN SENA~. and 11 other citizens of Burr Oak, Michigan, praying for the impera­ tive adoption of the metric system in all kinds of measurement re­ }10NDAY, January 29, 1877. quired under the authority of the Federal Government; which was referred to the Committee on Finance. Prayer by the Chaplain, Rev. BYRO~ su~DERLAND, D. D. Mr. ROBERTSON preseut.ed a resolution adopted at a meeting of The Journal of the proceedings of Saturday last was read and ap­ citizens of Spa.rtanbnrgh County, Sooth Carolina; which was read, proved. and referred to the Committee on Privileges and Elections, as fol­ SWEARING IN OF A SENATOR. lows: Mr. COOPER. The Senator-elect from Tennessee, Bon. James E. .At a. meeting of the citizens of the eastern portion of Spartanburgh County, hehl Bailey, whose credentials have heretofore been presented, is now at Gaffney City on 20th January, 1877, the following preamule and resolutions present, and I ask that t.he oa.th of office be administered to him. were unanimously adopted, the meeting being composetl of citirens of both races and both political parties: The PRESIDENT pro tnnpore. The Senator-elect from Tennessee J>reamble. will please present himself at the desk and be sworn. Whereas D. H. Chamberlain, esq., in opposition to the will of the people as Mr. BAILEY advanced to the Vice-President's chair, escorted by shown at the ballot-box the 7th No>ember, 1876, and in opeh violation of the laws Mr. CoOPER, and the oaths presm·ibed by law having been adminis­ and constitution of the State of South Carolina, is now usurping the governorship tered to him, he took his seat in the Senate. of said State; and whereas General Wade Hampton did, on the aforesaitl7th No­ vember, 1t!76, receive a majority of all the votes cast for governor, as has been fully PETI'fiO~S A~D 1\IE:~\IORIALS. shown and set forth by a certificate sign en by the secretary of state, with the great Mr. CONKLING presented the petition of Charles A. Thompson, a seal of the same attached thereto; and whereas Colonel W. D. Simpson ann cer­ tain other persons running on the democratic State ticket did receive a. majority of sufferer from loss by the confederate cruiser Shenanm by Federal and Mr. INGALLS. A bill is pending on the subject. State'misrule; and in order to bring a bout theso resnl ts we pledge ourselves that The PRESIDENT p1·o tempo're. The bill on that subject is now in makinO' our resistance to tyranny and usurpation we will ava.il ouriielves of only pending and the petitions will lie on the table. those rip:tts and privileges accorded to free citizens by the la.ws and constitution Mr. WINDOM presentetl a joint resolution of the Legisla.turf' of of our Slate and the United States. Minnesota, in reference to the remonetization of silver; which was 5. That a copy of this preamble and resolutions be forwarded to Ron. T. J. Ron. ERTSON, United States Senator, to be laid before the Senate . * * * read and referred to the Committee on Finance, as follows: M. S. LYNN, Ohai1'man. A joint resolution in reference to the remonetization of silver. R. M. GAFFNEY, Secretary. Whereas the House of Representatives of the Congress of the l:Jnited States has Mr. WITHERS presented the petition of Samuel P. Moore, M.D., recently by a large majority pa-ssed a bill to restore to silver coin the legal-tender character for all a.mounts, which it possessed from the foundation of our Govern­ of Richmond, Virginia, praying for the removal of his political (liS­ ment down to the year 187;!, and the said bill is now pending before the United abilities; which was referred to the Committee on the Judiciary. States Senate: Therefore l\lr. SPENCER presented the petition of Albert Cingrid, a citizen Be it resolved by the Legfslat·uTe of the State of .il!innesota : First. That our Sen­ of ·washington, District of Columbia, praying that an order be made ators in the Congress of the United States are hereby requested to u;;e all proper efl:orts to secure the passage of said blll at as early a elate as practicable. directing the collector of taxes not to issue any deeds to the District Second. That they are also requested to secure such legislation as will enable all or any other person of any of his property nor try t.o enforce the col­ parties ownin~ silver bullion to have the same coined at the mints of the United lection of taxes thereon by advertising or otherwise until his claims States, ant\ without reo-ard to the amount of silvtlr coin in circulation. shall have been settled, and then to deduct the amount of such of Third. '!'hat it shalf be tho duty of the secretary ~f state to forward copies of this preamble and resolution to our Senators in Congress. said taxes as may then be due from the amount adjudged to him out J. B. WAKEFIELD, of his said claims, &c.; which was referred to the Committee on the J>r~dentoftheSenare. District of Columbia. J. L. GIBBS, l\fr. SARGENT. I have received resolutions of the Chamber of Com­ Speaker of the House of Representatives. merce of San Francisco with the request that they be presented to Approved January 23, 1877. the Senate. They resolve that in the opinion of the chamber the in­ STATE OF MIN~ESOTA, OFFICE OF SECRETARY OF STATE, • Saint J>aul, January 25, A. D. 1877. terests of commerce and the prosperity of the country will be sub­ I, J. S. Irgens, secretary of state of the State of Minnesota, hereby certify lhat served by maintaining golcl coin as the sole standard of values in all t.he fore:roing has been compared with the original on file in this otlice, and is a transactions above the sum of $5; that the almost daily variation in true copy. · . the relative value of gold and silver is a strong and conclusive illus­ Witness my hand and the great seal of the State the day and year above wntten. tration of the maxim, taught alike by philosophy and experience, that [SKAL.j J. S. IRGENS, Secretary of Stare. no legislative enactment can maintain a fixed and permanent relation between gold and silver or any other two products of human indus­ Mr. Mc~fiLLAN presented a joint resolntion of the Legislature of try. I believe there is a special committee to whom this subject has Minnesota, in favor of the passage of the bill (S. No. 547) for the relief been referred, and the Committee on Finance also have charge of the of settlers npon certain lands in the State of Minnesota; which was matter. I move that these resolutions be referred to the Committee referred to the Committee on Public Lands, and is as follows: on Finance. .A joint resolution requesting the House of Repre.<~entatives of our National Con· The motion was agreed to. gross to pass Senate file l\ o. 54 7, a bill for the relief of certain settlers on odd· numberetl sections. Mr. BOGY presented a petition of a number of citizens of Saint Whereas a.n act of Con!n'ess approved June 22, 1874, granting rights to settlers Louis, Missouri, praying an amendment of the pension laws so aa to on odd-numbered sectionsLwithin the limits of the Saint Paul ana Pacific Railroad, allow arreara.ges of pensions; which was ordered to lie on the table. Brainerd and Saint Vincent extension or branches, has been held to be inoperative 1\fr. BOGY. In this connection I wish to make an inquiry of the by the Secretary of the Interior; Senator from Kansas, [Mr. IxGALLS,] who is chairman of the Com­ And whereas a lat·ge number of worthy and needy settlers are thus rendered virtually homeless who are citizens of Minnesota ; mittee on Pensions, as to what has become of the bill which passed And whereas tho Senate of the United States, on the 3oth day of June, 1876, the House some time u.go securing to soldiers who served in the Mex­ pa~sed Senate file No. 547, a bill for the relief of all settlers along said extension, ican war a pension. I believe the bill is before his committee. whiuh is now pending before the House of Representatives: 'I'herefore, Mr. INGALLS. It is still beforo the Committee on Pensions. Be it resol ve d by the honse of representatives of the Stare of Minnesota, That the passage of said Senate file No. 547, for the protection of actual settlers opposite the Mr. BOGY. I have received many letters upon that snbject from a said branch lines of road, is hereby urgentlv requested. number of my constituents urging the passage of that bill. There- 1877. CONGRESSIONAL RECORD-SENATE. 1075 fore I make the inquiry in the hope that it will be acted upon by the approval, and I doubt not that of my colleagneandof every member of Senate at an early dny. our delegation. Mr. INGALLS. The bill to which the Senator from Missouri refers I voted for the bill, voted for it with as I trust, a full understand­ is still before the committee, but I take this occasion to say that I ing of its provisions and with the belief, too, tllat under it a result gave notice last week that on this morning I would call up for con­ would be reached which, as nearly as possible, would command there­ sideration the bill granting additional pension to tho soldiers of the spect and acquiescence of the people of this great nation. I enter­ war of 1812 and also arrears of pension to those now upon tho roll. tained no doubts, nor do I now, of its constitutionality, nor any of its I observe by the Calendar that the Pacific Railroad bill is the unfin­ expediency. .And let me say that no shadow of fear, no dread of con­ ished business for this morning, and I wish now to renew the notice sequences, no apprehension of possible resistance to any ot.her plan or I gave last week that, upon the expiration of the consideration of the method of counting the vote, even for a moment crossed my mind. bill now before the Senate, I sllall ask the Senate to proceed to the I knew quite well then, as I do now, that the earnest, ever-faithful, conbideration of the pension bill. true radical people of Iowa of my part.y would at first be almost Mr. ALCORN. I present the memorial of E. H. Crump, of Missis­ unanimously opposed to it. They believe, as I do, that but one result sippi, praying the enactment of a law providing for tbe payment of can be the true and honest ona, and are hence inclined to look United States Treasury warrants Nos. 4926 and 4669, and I move that with suspicion upon anything which tends to complicate or in their it be referred to the Committee on Claims; and I will state to the opinion render the final result in the least doubtful. But I know committee that duplicates of the warrants are filed with the memo­ their intelligence, their readiness to llear all sides and decide as jus­ rial, and that the petitioner will present the originals before the com­ tice and the behests of the law shall lead them. To the saving com­ mittee. mon sense of this reasonable and intelligent people I shall commit the The motion was agreed to. final judgment. If we cannot rely upon tllis good sense of all the Mr. WRIGHT. I present a petition of Rnssel Gilbert and many people in this country, we cannot upon anything. Than the prac­ others, of \Vyoming, Jones County, Iowa, reciting tbat t be war taxes, tical wisdom of the whole body of our citizens, there is nothing upon both heavy and unequal in their burden, are imposed on tho national which we can so surely rely for a satisfactory solution of tho great banks, State banks, savings-banks, and private bankers of this coun­ problems before us, upon nothing el o so safely depend to sustain the try, which taxes llave been for several years productive of great com­ future of the great ReJlnblic. Thus feoliu~ and tllus believing, with mercial injury, and praying that these war taxes may be entirely re­ a confidence that admits of no shadow of (lOubt, I submit my action moved. I move the reference of the petition to the Committee on upon this as npon all measures, knowing that if I err, as I do often, Finance. the sober judgment of tho people is ever, in the en

Wo protest against the legality of the proceeding, and esp~cially ag_ainst the In the supreme court of the State on that same day judgment was ren­ At·my of tho Unite(} States ueing placed fo~ the purpo!le of this ex:clu~10n under dered in tho mandamus case of Speaker Wallace vs. Hayne, .secretary tho corumaml of one John n. Dennis, a partisan of Go•ernor Chamberlarn. of state, and Mackey, claiming to be speaker, t.he court adjndging that In the mean time the republican members of the house, fifty-nine Wallace was the legal speaker of the legally constituted house of in number, bad without any obstruction taken possess!on of the ~all representatives, and that Mackey was not tho speaker. . of the bouse of representatives and proceeded to orga~1ze by elec~mg December 8, in an in~rview with a committee of the democratic a speaker and clerk. The republican house, as orgamzed, contamed house, General Ruger sa1d : only five white members. The democrats, accompanied by one rep~blic:m, b~n~ sixty-five in Tr60pS, as they are DOW placed, are to presetve peace and to prevent interference all a sembled in another hall and orgamze.d from Edgefield and Laurens. bers-elect, which illegal action wa.s enforced by the bayonets of Umted The house itself was the only judge of their election. The supreme States soldiers. court decided that these persons bad a prima faci~ right to their seats. On the 29th of November, the Mackey house, by which term I desig­ This decision beinfl' tho law of the State, tho actwn of the late clerk, nate thG republican house, unseated the five democratic members from Jones, and Govern~r Chamberlain, in excluding t.hese members from Barnwell County, whose election had been conceded by the board of the hall of the house by the use of Federal bayonets, wlla as abso­ county and State canvassers, and who held the certificate of the sec­ lutely illerral as anything we can conceive of. retary of state, and admitted 1JJ.e five defeate(l republicans. This In ordetto the better comprehension of the. situation in ~outh Ca.rQ­ was done on mere e-c pm·te proceedings, without the democrats who lina, it must be kept in mind tba~ the electiOn law provtdes for the held the certificates of the republican secretary of state being notified appointment. of managers of election a.t_e:l:ch poll, couut.:y canvassers or heard in their own defense. This was accomplished by a vote of of elections and a State board of commiSsioners of electwns. These 45 yeas to 14 nays, aud in spite. of the protest of seve~al of t~e. mem­ wcye all appointed by republican authority.. The m:ljority ~f tho bers. It is worthy of observatiOn that one of the actwe parttmpauts county commissioners and manager~ of electiOn~ were republicans. in this proceeding was one D. A. Straker, a colored I? ember from. the The board of State canvassers, certa.m State officials, were all repub­ British island of Antigua, and who came to the Umted States smce licans and nearly all of them candidates for re-election. the late civil war ended, a.ml to South Carolina about one year ago. The' returns of the boards of county canvassers show thG following It is proper here to note, as a part of the history of. th~s..e events, result for governor: Hampton, 92,2Gl; Chamberlain, 91,127. that in the midst of these troubles Judge Bond, of the e1rcmt court of The same returns show the election of the Hayes ariel Wkeeler elect­ the United States, appeared in Columbia, at least some ten days in ors. advance of the regnlar session of his circuit court, and, on a petition The following statement of the decision of the supreme court of for the writ of habeas cm·pus, released the members of the board of the State, heretofore referred to, is submitted as containing useful in­ State canvassers from the imprisonment they were enduring by reason formation: of contempt on their part as State officials in refusing obedience to 1. Constitutional p01oers of the court.-Article 4, section 4, of tho C~n~titt~tiou, the mandate of the supreme court of the State. contains the grant of power to the supreme court. ~ter tbe words grnng 1t ap­ On the 30th of November the democrat , who had organized a sep­ pellatojurisrliction, it is provided as follows: "Tbe said court shall always bavo arate house of representatives, took their seats in a bocj.y in th~ hall power to issue writs of mjnnction, mandamus, quo warran.to, ~b~as corpus, and of the house of representatives where the Mack~y ~ouae was _sitt~g. such other original and remedial writs !\S m_ay be n~~saryto giVe It a general s.u- pervisory control o•er all other courts rn th1s Stat~. . - . The curious spectacle of two spookers and two ustmct orgaruzatwns 2. interpretation of its powers /;ly the court.-Th1s proVlso bas been thus rnter­ was thns presented. preted by the supreme court in tho case of Ex parte Carson (5 So. Ca. Rep., 118,) Aboutthreo o'olockofthisda.y, November 30,Genera1Rnger, in com­ the Cunningham-Wagener protest case. The _secti~n referr~d to ~':csts !Jlo -court mand of the United States forces, sent one of his staff-officers to the in the exercise of original powers with autbonty to Issue wnts of mJunction, man­ damus, quo warranto, and habeas corpus. These aro ox,pressly natned. T.hey ~o speaker's stand and notified 1\Ir. Wallace, who had been chosen speaker not confined in any way to the subject-matter upon which they may ac~, mther '1.?1 by the democrats, that at twelve o'clock tho next day the demo­ regard t,o any particular persons or bodies who, are .to be affec~d .bY thmr enforce­ cratic members from Edgefield and Laurens Counties would be re­ ment. The grant of power in relation t? the~ IS Without restric~ton, and whatever result may be accomplished through thcrr action by any courthavmg tho undoubted quired to leave tho hall of representatives. This th.reat was, how­ right to issue them may be attained in their issue by order of. tb:is court.. ever, not ca.n'ied out by General Ruger. 3. What the court haJJ now don.e.-The court has so far only 1ssued a.wnt of man. On the 4th of December a curious incident occurred. It was stated damus to the bo&rd of State can•assers, compelling them to issue certificates of by a member on the floor in the bouse of representatives, and not de­ election to all members of the Legislature who appeared, from the retn~s of f?e nied, that Silas Cave, colored, who had been seated as a member of county canvassers, to have recei;ed the highest num~er of votes. It IS plarn, therefore, that if any court would have the power to .u~sue .a manda~ua to the the Mackey house, had been fraudulently personated by another ne­ board to do this act, the supreme court, uncler the deCisiOn m Ga.rson s case, has gro, who had taken his scat and passel! off as Silas Cave, C'ave being still at home in Barnwell. · su~.h ;;:ew:r;_tutory powe-rs of the board.-Chapter.. a section ~6, of the general statutes de8nes t1le jurisdiction of tho board as follows: "Upon such statements On the same day Hamilton and Myers, two member of the Mackey [those of the county canvassers] they shall proceed t.o determine and declare what house, witlldrew and ,joined the democratic house. . pernons have been by tho ~rroatest number of votes duly el ect~ to such offi~es, or On this day also Mackey, chosen speaker of the repubhcan house, either of them. They shall have power, aml it is made therr duty, to dectde all notified Wallace, speaker of the democratic house, that he intended cases upon protest or contest that may arise, when the power to do so does not by the constitution reside in some otht>r body." . to eject the Edgefield and Laurens members from the House by means 5. Decisions as to similar boards.-It is well known that tho court bas de~cled of the State constabn1ary. To avoid this threatened violence the that, since the constitution gives to each house of the Gilnoral Assembly t~e r~~ht democratic bouse withdrew from the State-house. December 6 two to jndrro as to the election returns of its own members, the pow~r to decide all of their members, West berry and Bridges, and a few days after two proteSts and contests" does" reside in some other body," and notm the board. In other wonlA as to the members of the Legislature, the powers. of. the b~a.~ are members from Fairfield Connty, all of whom had qualified in the "ministerial," and not "juuicial." The Supreme Court ~ado a stmtlar dects1on in Mackuy bouse, joined the democratic or Wallace house. This gaYe a 0080 of mandamus in the case of The State vs. Tho Ac?-ng Board of .Aldermen of the Wallace house sixtv-three members who had eortificates from the Cbarlcston-(1 So. Ca., 30,) the Pillsbury-Clark elec_tion case-sayrng t~at ~be secretary of state. Inclnding the eight members from Edgefield and dnt.y "to investi;:!:ate the case" and "declare the election" was purely mintstc~l, and thatmamlamus would lie against the board. In the case of The State vs. Cha1r Laurens this house now had seventy-one members. Sixty-three ho~d­ man of County Canvassers 4 So. Ca., 485, (Barnwell an

Mr. Presiscut, tho rehuns of the county canvassers, made to the board the intendant of tho town, and the leaders of both political parties lc::trned that of State c:m vassers, showed the election of Hampton as governor, and while they had no apprehensions of disorder at Waltcrborou_gh the.v \Jcliovo:l that there wotiicl be trou blo at Blne Ilouse polls. .Acting on this be marched early next the election of ot,her State officers, the election of a minority of the morning to that place, anu says he has no doubt that their arrival prevcuteu serious State senate, and a majorit.y of the members of the house of representa­ trouble. · tives !Jy the democrats. Tho boarcl of State canvassers, the majority In the last three cases these officers report that the clangor arose from the dispo­ of whom were candidates for offices, in violation of the mandate of si~on of the republican no:rroes to interfere with those of their own color wllo desired to vote the democratic ticket. Lieutenant Sherman found a feverish and the supreme court, refusecl certificates of election to eight of the excited state of feeling existing at James Island, but the presence of his command democrats clectecl members of the house of representatives and two restored confidence and no disturbance occurred. democrats elected to the senate. Frank's and Kinsie's Batteries reached Charleston on the afternoon of the Oth, and were stationed at tho Cit:ulel under the immediate command of Captain Frank. The United States troops, on the day of the assembling of the Leg­ On the morning of the 7th a detachment under Lieutenant Clark, First Artillery, islature, excluded from the hall of tho bouse all members-elect who was stat.~onetl at Carolina Ilall, in the lower part of the town, aml another untlcr ditl not hol<.l the cextificates ordered by the board of State canvassers, Lieutenant Adams at tho arRenal, (Charleston barmoks.) From these two points whieh ccrtifica1cs were signed by the secretary of state. aid could be re::tdily sent to tho deputy marshals if reqnired. Frequent calls were made because of threatened distru·bances, but on the ani val of troops quiet wM A minor ity of the lawfully elected members, being republicans, iu found to Jlrevail, and order was soon restored. The troops were not actually usccl, violation of the law dedal ed themselves a quorum anu elected a speak­ I believ!', in any case. The election on the whole in the State was remarlmblv er, ~lackey. This minority therenpon aclruitted as members defeated quiet. I visited the voting-place where trouble was mo t eJ>pected, and fotmll trooil candidates from counties where, acconling to tho declaration of the order prevailing un1 il toward evenin.!!, when one or two noi:~y null riotous bancls of board of State canva sers, the democratic candidates were elected. colored men were gathered at the polls, and these proceeded to parade the streets in a disoruerly manner; but, as a whole, the city was quiet, and during the ni~ht lt is proper to call attention also to the following tacts: peaceful. J:i. rst. There was a large number of deputy marshals appointed by On the morning of the 8th nothing material occurred. Ever.vthing appeared on the United States marsllal to preserve order at tho polls and prevent tho Rurfaceto boas usual in tho town, and I gave directions for tho troop::~ to return by the 3.10 p.m. train to their camp at Summen·ille, unless I sent diiforent orders. intimidation. The number so appointed I have heard estimated as .About one p.m., I called on the United States marshal, (Wallace,) who stated that higll as t,wenty-fivo buudred. e\"erything was quiet, except a report from Monnt Pleasant that approhcn~ions Secondly. The United States troops were stationed at numerous existed there from the presence of a. company of armed negroes, who had arrh·e1l places to prevent intimidation. Theso troops were stationed at the as guard for the ~oil-boxe s . This re_Port the marshal C011shlered exaggerated, stated that the duties of the troops wtth regard to the elections were 0\"0r, t!JaL I points indicated by Governor Chamberlain. · couhl safely j!O to Summenille, and that if disturbances did occur he woulU so tel­ When we consider that the majority of the managers of election at egraph. I then proceeded to tl1e mayor's room at tho ~ruard-house, or main police every precinct and the majority of tho county canvassers were repub­ star ion. He was not there, and, on inquiring of tho officers in char~e and others licans, that the official patronage of the State was controlled by the of the police, I was toltl the oity was perfectly quiet. Opposite the police station is the court-house, corner of lJroad and Meeting, on both fronts of which, and at rcpublica11 governor, that the influence of tho United States officials the city hall, opposite to it on }feeting street, there were lar~o numbers of ne_!!roes was on the side of the republicans, it would seem that the republicans assembled, anti there were gatherings of the same class alou~ the north side of hall certainly some great advantages in the election. The democrats Broad street, extending toward tho post·office. They were qmte nuruerous oppo­ &ite tho News and Counei· office, whet-e the bulletin-board was exposed. I eros ed had to struggle against the power of the State and Federal adminis­ Broad street from the station-house to the conrt house, walked amon,., tho crowd trations. there, antl nothing was done or said to which I could attach anv importance in it­ As to intimidation, I do not·think there was intimidation, so far as self, yet the e~citement and appearance of these men were such 'that I approbemlcd I was able to learn of the blacks, by the wbiteg on the day of election. that mischief was brewing. I, therefore, followed down the street toward tho post-office, observing the crowd closely, and returnin_g 10 the city ball in the sa,rue I think the officers of the Army who were present "'ill so state. way, and was thoroughly convinceu tllat there would be troubie, although there In the first stage of the canvass, in some localities, there may have was nothing in the conduct or manner of the whites about the bulletin-board that been, and I think were, efforts made to intimidate, but this policy I could porcei>e to provoke it. was, as I have been iuformed, condemned by General Hampton, and I then took a street-car to the citadel in order to stop the departure of the troops. When I reachetl tho citadel they had just started for tbe Sommerville depot. J abandoned some time before the election. Hampton, as I understand, joined them. and Colonel Frank and Major Kinzie toltl mo that even·thin,., was iusisted on winning tho blacks by persuasion aud appeals to their in­ quiet in the upper pat·t of tho town. On the arri'l·al of the troops at the depot I terests, and repudiated the idea of intimidating them. Truth com­ halted them, ruade arrangements with the superintendent to take them up at 7.10 pels me to add that duriug the canvass in Charleston and Beaufort p.m., or on the next morning_]£ required, and sent the companies ba.ck to t.lJe cit­ adel, while I proceedNl from JS..ing street to Broad. .As I w:H leavw~ the clcpnt I Counties tllo colored republicans were violent and aggret;Sive. met the surgeon, Dr. De Witt, who told rue he was ~lad I had stopped the troops, .As to intimidation, my opinion is very decided that the intimida­ that the appcaranc!'s on the lower part of King street were bad, that there were tion by the blacks of the ulacks was far more persistent, universal, .lots of negroes walking down King street in an an excited manner, pushing per­ and effectual than iutimidation of Llacks by tlle whites. The vio­ sons who wei e in the way, e>en ladies, off the siclewalks. I continued do"l'l' n 1he street, stoppi og at almost e~ery business house, whoso owners I knew, and asking lent threats of the blacks against those of their own color who as to the condition of affairs. Their replies were that everything wa~ quiet and were disposed to vote tlle democratic ticket did, I am confident, deter peaceable. Tumiu,!! into Broad street, as I approacheu tho station-house, I pt>r­ many blacks from voting the democratic ticket. This coercion was al­ ceive led me to lJ; ing the department, tho operations of my commantl from thet.ime it left Summerville, lie>e that he felt himself too weak to control tho riot. South Carolina., to aitl tho united States marshal in his duties connected with the By this time a. number of gentlemen. young and old, bad arrived and offered their election of Tu<'~;day, November 7. services to mo. I informed the police officer that tho troops wore on their wav, Under specific instructions, I sent Captain Ramlolpb, Fifth Artillery, and twenty but that if he desired the services of those citizens they wore at his disposal. lie men to Beaufort; Lieutenilnt Baldwin, Fifth Artillery, and ten men, to John's said he would be glad to have them. They fell in with his force, aml us I was Island; Lieutenant Edgerton, Second Artillery, and e1ght men, to Adams Run; giving some directions he interposed, saying in substance that the matter was in LieutenantJetferson. Fifth .A.rlillcry, with eight men, to \Valterborough; Licut~nant l:iis hands. He then started off' when I almost immediately heard nom plaints that T . R. Adams, Fifth Artillery, with ten men, to StJ·awb<'rt·y Ferry, and Lieutenant the policemen were firin~ on and bayoneting 9.uiet white people. Tho troops soon Sherman, First AI tillery, with ten men, to James Island, to be guided by the gen­ after aiTi>ed at the station-bouse, and addihonal armed whit~ citizens also rc- eral provisions of General Orders No. 96, from the headquarters of t'be Army. 0 0 All these detachments and the two foot batteries of my comru:md, consisting of ~h~~<~fci ~tl.~~~: ~;~e~~~~Ja1t~~~~r{~ ~t1!;sb~Jrds:~!~\ b~~~rf~br:i~<~o~~~~: Frank's Battery, First Artillery, aml Kinsio's, Iflfth Artillery, were put in motion I declined sending these armed men on the streets, but told him they woultl bo so as to reach their respective destinations on the 6th instant, the day before the placed where th<'y would produce no bad effect, and directed them to take position election. These detachruents, except Sherman's, were taken from Randolph's Bat­ behind the troops, to remain there, which direction they followccl implicitly. tory C, Fifth Artillery. They all returned, as directed, on the 9th to Charleston. In a few moments the expected notice was bronght mo by a policeman fr·om tho From tho reports of these officers it appears that no actual nolence occurred at scene of contlict that the police force could not disperse the rioters, and a>Jkin~ me the polls requiring their interposition. But their presence in the vicinity was for aid. I then ordered Major Kinde to take twenty men and clear the streets doubtless of service. using as little violence as possible consist~:ntly with the execution of tho ortlor. Captain r..andolph states that he found neither marshal nor deputy at Beaufort, This order was promptly and well performed by Major Kinzie, who, after stopping and that it was reported to him that tho Unitcu States supervisor was stopped on the firing of the combatants, continued up King street as far as tho citadel. A few his way to the polling-place, and, upon showing his paper& to the negroes who blocks above :Oroacl street be found parties of whites and negroes armed ami on stopped him, had them taken from him and destroyed, and was obliged to fly for oppo01ite sides of King street, whom he proceeued to disj)er;;e. There were no his lim. gatherings above the citadel, and be returned to tho st{ltion-houso. In one case Lieutenant .Adams reports that at Strawberry Ferry a company of colored men, lie found a negro who attempted to shoot a white man, and, therefore, disarmed about forty m number, wero marched to the polls with arms, 1mder a leader, said the man. who objected to ~ivin~ up his musket as it was State arms; the mus­ to be one .John Lowry, colored, though no riot or disturbance occurred. ket was brought to the citadel guanl-bonse. It has been aid iu a New York news­ Lieutenant .Da.Mwin states that no distui·banco connected with the election oc­ paper. on the alleged authority of a Uniterl Stn.tes Senator, that tho troops wore cuned on .John's Island; that leatliug citizens informed him, and he believed, that preceded by the cluhs. This was not so. Major Kinzie took only soldiers, a.ntl all this was duo to tho prcsenco of troops. his own battery, with him, the armed citizens' clubs and the others remainin;~; Lil'ut~nant Edgerton reports that no disturbance oceurred at Adams Run, and quietly where they were placed by me. Threatening assemblages were reported that be bas ovCTy re::tson to believe that the presence of troops prevented a serious to me as forming at several points below Broad str·ect. This was confirmed by one taking place at tho polls. Jud:re Bryan of the United States co1rrt. who pa. sed throu~h them on his way to Lieutenant Joil'crson. immediately on his arrival at Walterborough on the evening the station-house. I sent parties of soldiers with policemen, by whom they were of tho Gth in a conference with the United States marshal, Commissioner Glover, all dispersed. • 1877. CONGRESSIONAL RECORD- SENATE. 1079

After the conflict bad ceased General .James Conner proposed to the mayor that Both parties being now armed and fearful of each other, I have helut one or two were to be seen, and the streets seemed to be sible for it.~ preservation, and assumed the duty; that I did not propose to inter­ deserted. On my arrival near the post-office crow1ls of negroes (longshoremen) fere with the functions of the mnnicipal authmities in the discharge of their ordi­ were pourin"' into Broad street shouting ·• Xo work to-day." SeV"etal st-evedores nary duties for the protection of person or property ; that I would allow no a.ssem · then reported to me that they could get no bands, and work on the wharves Wal'l hi ages on the sidewalks that would obstruct them, or that might cause disturbances stoppept ready for immediate set-vice, and directed that Randolph's battery on its I should obtain and that would be nseful to bim. To all this the mayor immedi­ return tllat day from detachment sen·ice at the election should remain in Charles­ ately and readily agy·eell, anll repeateuly and emphatically expresse(l his acqui· ton, instead of proceeding, as ordered, to Summerville. At midday the streets escence in the measures I proposed to adopt. I then told him I wished him to send were quiet, but ap]Je:trances were threatening; the white people generally were at word to the negroes that they were under the protection of the troops, to disperse their places of business, mostly armed. The negroes bad withdrawn into the court­ to their homes and remain quiet; that I woultl see tlut they were not attacked or bouse, or other builc.lings nearer their usual resorts. Occasioually persons were molested. This he did, and his instructions were act~d npon by them at once. I seeu going, as I supposed, to their business placf's, with their guns, and tho mayor then requestell General Conner, who was present, to send the whitc people to asked me to come to his room for a conference. There wl.'re several persons in the their homes also, with the assurance that the peace of tho city would be main· room, none of whom I knew persona-lly, but, in tho course of the conversation, I tained by the troops. which he immediately undertook to do. recognized them as the well-known leaders of the colored peoJJlo. 1'he mayor, In a very short timo the peop~e on the st-reets were going quietly home. In an aft-er stating tl1at affairs looketl very serious, to which I assented. informed me bonr the town was perfectly qmet. I ordered lho troops at the station-honse tore­ that I he rifle clul1s were assembled at theii armory near by. I asked him if he was turn to the citadel, patrols to be sent out during the mght, and on my way to the sure of this, and he answered: ·• Yes, there goes a man now with his rifle; you can telegraph of:l:icc received alietl to tllis that" A negro has as gooll a l'ight to be on the "Telegrams receivecl. I had already seen the mayor and assumed control of the street armed as a white man." I told him I had not come to discuss abstractl'i~hts, peace of the city. The mayor and myself in perfect accord. The city is all quiet, but. that a bloody encounter was imminent, that my troops would necessarily be and the people of aU classes dispersing to their homes. I feel confillent of main­ invoh·erl, and I, therefore, thought it ruy business to take every measure in my taining securit.y and qtdet, as my measures are appl'ovesent was given by many From this time until I left Charleston the city remained perfectly quiet. On the in the room. morning of the lOth I received orders to proceed to Columbia immediately on the Tho mayor then stated that the colored people were afraid to separate; that they arrh·al of Colonl"l Best in Charleston, which order was countermamlcu the same were afraid of tho whites. I re})lied that I did not think there would be any dan- afternoon. On the llth, (SatuNlay,) I received a dispatch from General Hancork, ger, but that if that was the fear I would tal'e such measures that I would jro:tr· informing me that I was considerecl as in temporary command of South Carolina an tee their being able to dis}JOl'OO in safety. He replied that he wanted the whites during the absence of General Ruger, who had been ordrrPtl to Florida, direeting to disperse first~ aml asked why I coul1l not guarantee them against molestation me to stop the concentration of such troops at Columbia-and Charleston as hacl not from tho blacks if they wouhl do so. 1 batl neve•· s~id that I could not so guaran- yet commenced tho movement, in case their local commanders thought their pres­ teo tl1em; lmt as the question was asked me, and with the evident concurrence of ence necessary to insure tho peace, and statin~ tllat the SecrP.tary of War desired the leaders present~ I answered, because I bad no control over the colored people, me, as the commanding officer of the troops, to confer with Governor Chamberlain nor could I appeal to their rea 'On and intelligence under tho circumst-ances; while as to their distribution; to inform Colonel Black, commanding officer at Columbia, their leaders there present could, without trouble, send them to their homes. On of this, and communicate it to General Ruger. I took the necessary steps to carry his again intimating that I should be able to guarant-ee the whites against the col- out these instructions. ored people, 1f I could guarantee the colored pcoplo agaim;t the whites, I told him On this evening, Saturday, lith, two hours after receiving General Hancock's dis­ the cases were different; that for months these negroes bad been taught and firmly patches, I was informed that reports were being activeT:v cireulatell among the believed that if General Hampton was elected goYernor they would at once be re- ne_g-roes that I wa~ tile real bead of the white clubs, and that General Conner was mandeq. to slavery; that the dispatches now coming in, announcing maJorities for ading under my directions. To this I attached little importance, except so far as Hampton, were to their apprehensions actual sentences into slavery; that their ex- might lead them to distrust either my power or intention to protect, and I believed cited fears, however unloumled in truth, were beyond an.v control, and I would the act of patrolling the streets by the troops and the impartiality of my orders on not give any guarantee tbat I did not feel able to fulfill, especially in so grave a all classes, which they could witness for themselves, would soon re-assure them. matter as this, in which life and the safety of the city were at stake. The mayor At the same time, about seven p.m., I was fw·tber informed that a prominent then turned to a Jlerson evidently waiting for the IJnrpose. and directed him to tele- Federal officer of Charleston, the collector of the port, bad been heard to state to gt·aph to Governor Chamberlain that tile rifle clubs were assembled, the whites one or more of the leaders of tho nl-'groes that I would bo sent away within twenty­ armed, and the ptace of the city imperiled. four hours; that this time it would be by the Secretary of War. and tba.t I would I then stated to tl.Je mayor tha.t I bad not snpposed I had been invited to a con- be ordered West; that I bad just received instructions from the Secretary, through ferenco in ordAr to provide a basis forsnch adi::~patch. He said: •· Yournamowill General Hancock, to communicate, as commander of the troops in South Carolina, not be used." Tllat, 1 answerE-d, was of no consequence, hut that I could. not see with the governor as to their distribution. I attached little importance to this. that any effort had been matle by him to avert the da11ger; that if the clubs were The same evening there appeared in a Charleston newspaper the following notice: in their armories, as he asserted, and of which I knew nothing. be knew their lead- ~ "The mayor requests us to state that the numerous reports to the effect that the ers; that there bad I.Jeen formal arrangements made l1ctween the parties, and that city is under ma.rtiallaw are unfounded. In the conversation between himself and he had taken no steps whatever to ascertain what coulll be done to avert bloodshed. General Hunt-, it was simply agreed that., in case the police were insufficient to He then, after a moment's reflect-ion, sent for General Conner, and Colonel Simon- quell a riot, the troops shouhl be called upon to assist." ton, chairman of the democratic connnittee, and I left the building for a time to note • As the direct tendency of this notice was to impair the confidence of all cla-sses the condition of affairs. On my return I fouml a committee of the principal gen- 1 in the assurances of protection I had given, and as the paragraph was not in accord­ tlemen of the place in conference with the mayor, who then invited General Con- a nee with the facts or with the declarations of the approval of the mayor of the ner, C••lonel Simonton, aml myself to join them. mPasure I had taken, based on orders from General Ruger, I prepared the follow- It was proposed that I should co-operate with the mayor in preserving the peace ing paragraph, correcting what I supposed wa.s a misunderstanding of the mayors' in the town. Being called upon, I expressed my willingness to uo so in every way statement: I could, as I had already done. Tbis was not satisfactory to all parties present, "A statement. in the Republican of Saturday evenin_g, on the autbmity of the and t.be question aro~e as to who was to dhcct. aml bo resporu.ible. Tho mayor mayor, is correct as to the fact that the city is not.nnder martial law; lint it is considered that he was to be, and the troops to act on his call. I stated that tho necessary that it sboultl be clearly understood by all classes of thl'\ commnnity that troops could only act under tile orders and under the responsibility of their own the preservation of good order and the peace of the city has been assumed by Gen· officers. The mayor asserted his sole responsibility and right to control, to which eral Hunt. The ordinary mwiicipal 1;1rotection of propert}~ and person remains a. gentleman aBswered that such was the case under onliuai"y circumstances, but with the police, and is not interfered wttb. For the peace and qniet of the city, so these were extraordinary. Tho conference was without results. It left matters far as protection is needed against riot or mob violence, or any demonstration lead­ just where they bad been. On its breaking up the mayorinformed me that I would ing thereto, by any party or class,-General Hunt is responsible, aml will a.t once .-.,on receive instructions from General Ruger. He was evidently under the im- act with the troops on reliable information from any quarter or upon the appear­ }'ression tllat this would place tho military at his disposaL ance of any unusual disorder. The municipal authorities have agreed to report Soon after I receh·etl tho following telegrai>hic;Jispatch from General Ruger at promptly to him such appearances or violations of order, and are left undisturbed Columbia, dated 2.30 p. m. m tho exercise of their ordinary duties." '' RumOJ'l! here of fUI'tl1er trouble in Charleston. Has any occurred 1 And, if so, On my aid presenting this to the mayor, he denied any such understanding, what was 1 be <·aul'e t Rrport conclition of things." stating that ho had never seen or heard General Ruger's order, and even threat- To which I replied as follows: ened if I took upon myself these duties be would disband his police. It now ap- ,, 5 p. m.-Tekgram received. The town is in a very feverish and dangerous peared to me evident that I could not rely on the pledged co-operation of the condition. bnt no fighting to-day. I hoped after the dot last night peace would mayor, and that. I would be compelled to pnblish the notice myself in order to main­ prevail, hut both parties are very suspicious; have no confidence in each oth<'r. I t.ain confidPncc in the cit.y, when, on the afternoon of Sunday, the 12th, I received gave nil assistance I could last night, and it was the troops that settled the aftair. orders by telegraph from General Sherman to proceed at once to Washington and • 108{) CONGRESSIONAL RECORD-SENATE. JANUARY 29,

report to U1e Secretary of War. I theretoro turned over the whole matter to Colonel Chamberlain government were to be set up over us as the government of this State, Best at Charleston, who notified Colonel Black, the next officer in rank in South they would refuse to haza1·d any outlay of money, supplies, or credit; and they Carolina, amlleft the same evenin.• in obedience to my instructions. In the work could not be blamed for their refusal. But the whites cannot supply us, if they of thesofew days I recei\'ed the active, intellig4?ntassist.anceof :Major Carl :llerlin. a. would, out of their own stores. They must have credit in tho to'IVIls, and the mer­ citizen of Charleston, formedy on the 8taff of tbo artillery of I ho Arm:r of tho Potomac, chant must ha>e credit. with dealers out of the State. This credit is not to be as my aid. llis services in behalf of peace and the security of tb.e citizens were had while the deadly upas of the Chamberlain goyernment blights the land with its yery valuable. ruinous taxation, ita wasteful expenditures, its dissention-sowing among the people, Respectfully submitted. its utter inability to le~islate as our necessities demand, and its contompliblo im­ HE~RY I. llUNT, potence to enforce tho laws even so far as to protect the livee of tho people. Soldiers Colonel F1jth Artillery. may guard that executive in his office, they may hold the State-houRo for his self­ styled Legislature, they may terrlfy and silence the public voice, but all the armies Mr. President, as t.o fraudulent votes, repeating, &c., there was as of .America oo.nnot gi-re hope to a robbed and wretched population or secure it that usual in elections some of this, but not more, in my opini~n, by 'the credit, at home or abroad, which is necessary for subsistence and the conduct or If lifo'.s business. And this all of us feel. And, on tho other hand, we feel that the democrats than by the republicans. the democrats vote£lstrong in fair, firm, eqnal, and humane administration of Hampton would secure c>ery man Edgefield the Republicans were not behind them in Beaufort. his rights, would secnre fue enforaement of the laws as they now stand, would har­ Here I would can attention to the speech of Mr. Thomas Hamilton. monize men of all classeR, at least as far as required for the affairs of business, acolored man, a republican, and a member of the house of represent;.: would save grea.t sums of money to the peoJlle, would inspire hope antl energy at atives. This Hamilton is a man of mark. He is a native of South home, would vastl.v strengthen our credit abroad, and, in fine, would set in active and harmonious operation all the now clo~ged and grating machinery of this Com­ Carolina; was emancipated at the end of tlle war, and of course monwealth. This, I say, is the sentiment of thf' colored man as well as of tho white poor. He is now a large and successful rice planter, employing a con­ man, :llld, if it could be put to the >ote, would be the expression of nine-tenths of .ai'derable force of laborers. Indee.d, it was his colored employes who our whole poople. I beg tllat you will exert younoelf to present these things properly before linr were so severely whipped by the colored men of the neighboring rice friends at the North. I know that there are incendiaries ltlld office-seekers, who, plantations, who struck last spring for higher wages and maltreated having no real CQncern a bent us, will scoff at the appeal; but I am sure that, if tbe the colored laborers who wfluld not join them. This was known as honest and trufl men of onr party COllld know but half our unhappy condition and the Combahee riots. Hamilton, addressing the house, said : half the real feelings of our people, they woullll>aAten to spurn from them Cham­ berlain and his idle govern mont, and acknowlecl~e Hampton tho governor of South I am a republican, and there nominat.ed Daniel ll. Chamberlll.in for governor. Carolina and the governor of all her citizens, without distinction. If Mr. Chambe1·lain did not get the requisite number of '"otes it was the fault of I have the ho:aer to be, very respectfully yours, tho~e leaders who complainer! to the colored people that he was a traitor and a. JOSEPH D. BOSTON. democrat. In my opinion, the veruict of the people has been in favor of home rule, Hon. T. J. ROBERTSOX, and a~ainst a stranger holding the reins of government in South Carolina any United States Senalor. longer. If you talk :tbout fraud you come too near home. lf you don't look eharp the democrats will show that there were in the neighborhood of three thousand 1\fr. President, I have always read with great satisfaction the sound bogus -votes cast in Beaufort County. constitutional sentiments expressed by General Grant in his special Mr. President, I shall also ask te ha'\"'e incorporated in my remarks message of January 13, 1875, wh8n he uses the following lan~uage: · a letter which I have just received from a prominent colored man in Any interference by the officers or troops of the United States with the or~ani­ my State. It is proper for me to sar that I am personally acquainted zation of a. State Legislature or any of its proceetiings, or with any civil depart­ with him and know him to be a man of good character and that he ment of the Government, is repugnant to our ideas of government. enjoys the confidence of the entire community in which he lives, It is greatly to be regretted that these noble sentiments were disre­ irrespective of party or race. And I have no doubt in my mind garded by General Ruger, or those who acted under his authority at that be speaks the sentiments of a. large portion of his race in the the organization of the South Carolina Legislature. . State: From this disregard we have the sad spectacle of two governors anfl NEWBERRY COURT-HOUSE, SOUTH CAROUNA, two houses of representatives in South Carolina, and the official chaos Janua1·y 22, 1877. which this condition of things necessarily implies. Sm: Permit me tCToccupy a sm11.ll portion of your valuable time with some sug­ I consider that General Hampton was fahly elected governor, and geAtions on the state of affairs, past and present, in the State of South Carolina. I believe that his acknowledgment as such would be for the best in­ Yon know me to be a colored man, a republican, and, as a member of the honse of representatives of the Le_gislature of t,his State for four terms, :tn ardent sup· terests of the State. He is pledged to protect the colored people in orter of republican principles and institutions in all political contests in the State. all their right.s. This I am satisfied he can and will do. He is a man rt is therefore as a colored man and as a. republican that I make this appeal to you worthy of entire confidence, prudent, patriotic, and wise. There is to make U80 of your personal and ofiicial prominence to !'let before the leading men something in ancestry. His grandfather was a gallant officer in the of the nation the present unhappy sitaation of the colored race~ and to suggest to them tho course which appears to me to promise the solution, ann the only solUtion, war of the Revolution. His father was an aid of General Jackson of our difficulties. at the battle of New Orleans. General Hampton himself was a con­ Tho two governments which profesR to exist in this State negative each other, servative man before the late war. When that broke out, yielding and lea•e us without any certain go>ernment at all. The wealth and intelligence as he unden~tood H to duty, he fought with the greatest courage on of tl1e State recognize that of Hampton, as indeed does the majority of the whole people, .i ust as undoubt,l! illy as that majority voted for it. The great uproar made numergus battle-fields, and bears upon his person the scars of honor- abont the acts of fraud and intimidation alleged to have been perpetrated by Gen­ able wounds. · era-l Hampton and his followers is without foundation, aa far as my knowledge ex­ After the war he was one of the first in our State to admit the newly teml.s. Not being a canrlitlate for office at tho recent election, I watched both par­ ties with the closest scrutiny, in order to be able to elect for myself what course to acquired rights of the colored citizens, and urged political co-opera­ pnrsue then and thereafter, and in order to assist my own race in that contest and tion by the whites with them. His counsels were tben in advance of in its consequences. nut I saw no fraud, no intimidation practiced by tl1e party of public opinion. If he had been listened to then as he is now, the State Hampton. On tho contrary, the previous majority of the republican party of up­ won](l I believe have escaped great evils. Now I think he can do ward of 1,700 in this county was reduced to one of 565 by the honest, liberal, and moro good as the executive of the State thal'l any other man. The · fair ar~•um~nts of democratic speakers and by the kind and frank dealing of the native white citizens. They appealed, not to our fears, but to our int~lligence democrats have elected their governor and a majority of the house of and onr consciences. No colored man was threatened or cheated as far as I lrnowi representatives, and they have accomplishecl this by adopting as their and I kn~ that a fair discussion, a fair vote, and a fair count were the cardina platform in regard to the color~d race the principle of the legal equal­ doctrines of Hampton's campaign. :My former political associal ions made me some­ what slow to appreciate that state of affairs, but, as I did not close my eyes to the ity of the races as promulgated by the republican party. The admin­ events occm-ring before me, I could not help seein:; it. A change in the republican istration of local affairs has been so bad in South Carolina under re­ vote in all tho counties of th•1 State equal to that JUSt mentioned as having taken publican rule that the transfer of the house and the governorship place in this county, would alone kave secured Hampton's election. And that to the hands of the democrats cannot but be beneficial. The senate there was an equal change in the other counti~, on an a>era!te, there is scarcely room to doubt, for this county was a republican and a. Chamberlain stronghold, still remains with the republicans, giving them what we may call a without au equal except in the counties immediately on the coast and Richland veto powe-r. and Orangeburgh. The evidence prosente(l befdre the congressional committees is No one has expressed himself more for~ibly on the subject of the entitled to no consideration whatever, for it consists, for the most part, of the state­ republican misgovernment in South Carolina than Governor Cham­ ments of ignorant, p~judiced men, hired, trained, fluped, and, in all probability, forced by ambitions politicians and office-seekers. berlain, who was then struggling nobly but in vain for reform within But, whatever may be said in re..,.ard. to the conduct of the campaign and the elec­ his own party. So impressed was he with the horrors of misrule tion, it is indisputably true, acco~ng to the admissions of all races and parties of which surrounded him, that on December 22, 1875, he said in a pub­ men, that the colored people are in the most wretched situation they have ever known since th!lir emancipation, both as to their present oondition and future pros­ lication over his own name : pects. K ot one of them in a hundrep has the means-owing to the bad crops of the The cirilization of the Puritan and the Cavalier, of the Rroscription of colore£1 men as only separated myself from him when he called in United St,ates republicans. That threat was only a brutum fulmen employed by a few excited democrats during the Cl\lllpaign. There is no dan~er whatever of its being carded troops to sustain the illegal achlon of the State returning board. out, except perhaps a._,gainst a very, >ery small number of colored men whom their I am satisfied if the matter of the contested governorship is left to neighbors may consiaer dangerous to the peace and goou order of the community. the decision of the supreme court of the State, the members of which Some of the most ardent colored republicans in the county now have, and are secure are republicans ani!. wore elected by republicans, the settlement will of, tho very best situations filled by men of tbtirqnalifications. The wlrites are in­ disposed to hire or rent land to colored men, pat1ly because they see no prospect of be peaceful and for ~be best interests of. the State. . realizing anything from it in the present state of tho State government, but chiefly The judges of th1s court have certamly borne t~emsQlves rn de­ because tbey ar" unable to do so. They live and operate upon credit, just as we do. termining the questions brought before them, in a penod of great_p:1.rty Their suppl1es arc not sufficient for their o'IVIlsubsistence, much less for the subsiat­ excitement, with a f-airness and impartiality that reflects the h1ghest enco of another population more numerous tban themselves. Therare unwilling to risk their small means upon any V('nturo, in this state of public d1sorder and dis­ honor npon them. traction; and if they felt that the impotent sbad.9w of authority known as the Mr. PrPsideut, I hope the resolution may be adopted. ·r ..;. · • .... , :,.· ; .. .. .

1877. CONGRESSIONAL RECORD-SENATE. 1081

PRESIDENTIAL APPROVALS. Mr. WEST. I move that the communication from the President During the speech of l\fr. RoBERTSO~ a messa~e was received from be printed and lie on the table. the President of the United States, by Mr. U. S. GRA~T, jr., his Secre­ The motion was agreed to. tary, who also announced tl1at the President of t.he United States ELECTIVE FRANCHISE I~ FLORIDA. had this day approved and siJrned the joint reso1u~on (S. R. No.4) :Mr. SARGENT, from the Committee on Privileges and Elections, authorizing Captain Temple and Lieutenant-Com:manuer Whiting, of who were instructed by a resolut.ion of the Senate of the 5th of De­ the Navy, to accept a decoration from the King of the Hawaiian cember last to inquire into aml report upon the extent of alleged de­ Islands. nial or abridgment of rights of citizens in certain Southern States to Mr. CONKLING. Mr. President, I believe there is on the table. n. vote for electors of President aud Vice-President, members of Con­ message from the President of the United States. If there is, I ask Jrress, and State officers, submitted a report thereon as to tlie State of that it be read. Florida; which was ordered to be printed. The PRESIDENT pro temp01·e. The Chair will announce the un­ Mr. THURMAN. I call for the regular order. :finishecl business, as is his duty, which is Senate bill No. 9cl4. Mr. SARGENT. I had forgotten to say what in COJITtesy is due Mr. THURMAN. I have no objection to the President's message to my colleague on the subcommittee, [Mr. COOPER,] and which it being read now. We all want to hear it, that bill not losing its was in my mind to do, that be will prepare, if he desires, a minority place. repo.rt and submit it to the Senate hereafter. The PRESIDENT p1·o temp01·e. It will be the general tmderstand- iog that the bill is temporarily laid aside for the purpose of having HOUSE BILL REFERRED. the President's message read. The Chair submits the message. The bill (H. R. No. 4452) making appropriations for the current and The Secretary read as follows : contingent expenses of the Indian Department, and for ful:filli n 0' treaty To the Senate of the United States: stipulations with various Indian tribes, for the year ending June 30, I follow the example heretofore occa.'!iona,lly permitted of communicating in this 1878, and for other purposes, was read twice by its title, and referred modo my appm~-al of the act to protide for and reWJlate tl1e counting of votes to the Committee on Appropriations. for President and Vice-President, and tb~ d<'cision of questions arising thereon, PACIFIC RAILROAD ACTS. for the term commencing March 4, A. D. 1877, because of my appreciation of the imminent peril to the institutions of the country from which, in my judgment, the The Senate, as in Committee of the Whole, proceeded to consider act affords a wise nml constitutional means of escape. th b"ll (S N 984) t lte d d th t t"t1 d " A t t "d For the first time in the history of our country, under the Constitution as it now e 1 • 0 • 0 a ran amen e ac en 1 e All ac Oat is, a dispute exists with regard to the result of the election of the Chief Magistrate in the constru11tion of a railroad and telegraph-line from the Missouri of the nation. River to the Pacifie Ocean, and to secor~ to the Government the use It is understood that upon the disposition of disputes touching the electoral vote8 of the same for postal, military, and other purposes," approved July cast at the late election lly one or more of the States depends the question whether 1 1862 d 1 to lt d d th t f C ed one or the other of the candidates for the Presidency is tq be the lawful Chief Maais- ' ' an a so a er an amen e ac O ongress approv trote. Tbeimportanceofbavingclearlya.certainedbyaprocednreregnlatedbyf:'l.w July 2, 1864, in amendment of sai bill. In what I shall say, however, I shall neither attempt to defencl the Constitution and the law as the guide in ascertaining rights, provid~:~s a means nor condemn the action of any of the corporations whose interests are of deciding questions of single returns through the direct action of Congress, and in respect to uouule returns, by a tribunal of inquiry, whose decisions st.and unless involved in the proposed legislation in reference to the management both Houses of Congress shall concur in determining otherwise; thus securing a of their respective roads; nor Bhall I discuss the question as to definite ilisposition of all questions of dispute in whatever aspect they may arise. whether these corporations or the individual members thereof .have 'Vith or without this law, as all of the States have voted, anu as a tie vote is im- h t d · 1 f t · h t t" d possible, it must be that one of the two canflirlates has been elected; and it woulrl or ave no amasse prmce Y or noes ill t e cons rue 10n an man- be deplorable to witness an irregular controversy as tQ which of the two should agement of their roads, but shall endeavor to confine myself excln­ receive or which should continue ro bold the office. In all periods of history con- sively to the naked legal question as to our constitutional power to troversies have arisen as tQthe succession or choice of the chief>~ of states; and no enact this bill into law. And upon a question so grave as this neither party or citizens loving their country and its free institutions can sacrifice too much a desire to pander to the wishes of vast corporate power upon the one of mere feeling in preserving through the upright course of law their country from the smallest danger to its peace on such an occasion, and it cannot bo imp res ed too hand nor any morbid unreasoning sentiment of opposition to soul­ firmly in the heart of :ill the people that true liberty and real progress can exist less corporations upon the other must be permitted to have any only through a cheerful allherence to constitutional law. weight whatever; for in the determination at all times of a grave The bill purp, The motion waa agreed to. the right of eminent domain; and these privileges included certain val­ uable grants of public lands and the loan of the Government credit RE-ORGA.l"\ffZATION OF THE ARMY. in the way of interest-bearing bonds. This legislation is to be foq,nd The PRESIDENT pro tentpore laid before the Senate the following mainly in the acts of 1862 and 1864, known as the Pacific Railroad message from the President of the United States; which waR read: acts; and the terms of the contract t.hus created between the Gov­ ernment and these companies, by tbe acceptance upon the part of the To the Senate and House of Representatives : companies of the terms proposed in the two acts, must be determined Ihavethebonorto transmit herewith tbeproceedingsof tbe commi sion a~pointed to examine the whole subject of reform and re-organizatiQn of the Army of the principally by a referepce to the provisions of the acts themsel>es. United StateR under the provisions of the act of Congress appro~ed .July24, 1876. By these acts taken together it was provided among other things­ The commission report that so fully has their time been occupied by other im­ First. That :Uter said railroad was completed and until the bonds portant duties that they are not at this time prepared to su1Jm1t a plan or make issued in aid of its construction together with tho interest on the proper recommenuations. U.S. GRANT. same were paid, at least 5 per cent. 9f the tlet cantings should 1Jo annu­ EXECUTIYE MA."i"SION, January 29,1877. ally applied to their payment; and 1082 CONGRESSIONAL RECORD-SENATE. JANUARY 29,

Second. That one-half of the compensation for services rendered the That this bill therefore proposes to make a new contract for these Government by such companies should be retained by the Government parties essentially radically different from the existing one anrl coupled and applied to the payment of the bonds issued by the government in with liabilities as to these railroad companies of a grave and onerous aid of the construction of said road. These bonus running thirty character, 1n addition to those imposed by the terms of the original years, and the interest thereon, is, acconling to the decision of the acts, nobody, I presume, will deny. There can be no room for contro­ Supreme Court of the United States, in the case of the Unitecl States versy, it seems to me, so far as this question is concerned. It impairs 1:8. The Union Pacific Railroad Company, decided .at the October term, the obligations of the original contract in divers and important re­ 1875, not required to be refunded by the companies until the maturity spects. It increases the annual payments to a sinking fuud. It fixes of the principal of the bonds. Here, then, we have the plain terms the time of the 1)ayment of interest at the end of each year, instead of the contract, full, explicit, and, since the decision of the Supreme of at the maturity of the bonds, twenty-odd years hence, as provided Court as to the time when the interest matures as to the companies, by the terms of the contract as construed by the Supreme Court of free, as it seems tome, from all ambiguity. The Government, whether the Uni;ed States in the very case unucr consiueration. It invades wisely or otherwise it is immaterial to inquire, made its grant of lands, the rights of individual stockholders who have invested their money is ned its bonds, stipulated for the payment of the annual interest, on the faith of the original contract. It dwarfs the security of the and conf~rred upon these. companies franchises and powers which, first bondholders by dimillishing the value of the security to which when accepted and acted upon by the companies respectively, became they must look for final payment. It jcopardizE:s the rights and inter­ in them vested rights, which no legislation can disturb. Upon the feres with the obligations of innumerable persons; both at home and faith of these grants, and in pursuance of these contracts, stock was beyond the seas, who have contracted wit-h these companies in divers subscribed, private capital invested, debts with third parties contract­ ways upon the faith of their right , their credit, their liabilities, and, ed, mortgages executet compensation." cution of the powers contained in the law. You may repeal the law, It ha-s been held repeatedly by the highest judicial authority that but you cannot disturb the contract; nor can you add new or in­ a legislative grant is not revocable. creased liabilities by changing the law in such manner as to change In the case of Rice vs. Railroad Company, 1 Black, 359, the Su­ the terms of the contract. preme Court of the United States used this language: In the Dartmouth College case it was expressly held that the power lf Congress pass an act granting public lands t.o a. TeiTitory to aid in makin__~ a to alter, amend, or re'(leal the charter did not carry with it the power railroad, and if by the true construction of the act the Territory acquired any ben­ to divest rights acquired under the charter. The court held that the eficial interest rn the lands, as contradistin~uished from a. mere naked trust, or power to dispose of them for certain specified uses and purposes, the act is iiTe­ charter conferred by this law was a contract between the Legisla­ pealable, and a. subsequent act attempting to repeal it is void. ture and the corporation, and it was only the law under which such contract was made that could be repealed or changed and not the In the case of Terrett vs. Taylor, 9 Cranch, page 50, it was held a contract itself. le(J'islative grant was irrevocable. Congress passes a law tendering upon certain conditions to certain Iu the opinion of court delivered in that case by Justice Story, this corporations important privileges, powers, and franchises. These language occurs: corporations accept the offer, comply with the terms and conditions. If the L€'!!islature possessed the authoritv to make such a grant and confirmation Here, then, is a contract with full consideration on both sides. On it is very cfear to our minds that it vesteCi an indefeasible and iiTevocable title. We have no knowledge of any authority or principle which could support the doc­ the one part the Government grants valuable franchises and priv­ tr~ that a legislative grant is revoc..'l.ble in its nature and held only durante bene ileges; on the other, the corporations build a railroad across the conti­ p~3cato. Such a. doctrine would uproot the very foundations of almost all the land nent. The contract is an entirety. It is perfect in all its parts. But titles in Virginia, and is utterly inconsistent with a ~rreat and fundamental prin­ it is said the law may be repealed. Grant that it may. Suppose, ciple of a. republican j!overnment: the right of the citizens to the free enjoyment however, before it is repealed the contract is made by a full accept­ of their property legally acquired. ance and compliance with its terms, by which property rights .have Again, in the case of McGee vs. Mathias, 4 Wallace, 155, the Su­ vested and obligations been incurred ; will it be contended that there preme Court of the United States, in giving construction to the Ar­ can be such a repeal or modification of the law without the consent kansas swamp-land act of 1850, said: of the companies as to destroy the contract or affect property rights It is not doubted that the grant by the United St.ates to the State upon concli­ under itt .Most certainly not. tions and the acceptance of the grant by the State constituted a contract. All the But we are not-left to grope in the dark upon this subject. The elements of a contract met in the transaction: competent parties, proper subject­ matter, sufficient consideration, and consent of minds. This contract was binding highest courts in the land have given judicial construction to the upon the State, and could not be violated by its legislation without infringement power of legislative bodies to alter, amend, or repeal existing laws. of the Constitution. And the judicial definition of the power is that legislative bodies But it is said that while the Constitution of the United States pro­ may alter, amend, or repeal; provided, however, that in doing so vides that no State shall pass any law impairing the obligation of con­ private rights are not divested nor the obligations of contracts im­ tracts, there is nothing in the Constitution that prohibits Congress paired ; and t.o some of these decisions I desire to attract attention. from passing such a law. And it bas been argued that because the The Supreme Court of the United States in the case of Curran vs. States are prohibited in express terms, therefore by implication Con­ A1·kausas, 15 Howard, 510, say: gress has the power. The Constitution, however, it must be borne We do not consider, therefore, that the power of the St.ate to repeal this charter in mind, creates a government of limited and ennmerated powers. enables the State to pass a law impairing the obligation of its contracts. What by its express terms or by necessary implication are not dele­ In Holyoke vs. Lyman, 15 Wallace, 519, the Supreme Court say: gated to the United States, nor prohibited by it to the States, are re­ Vested rights, it is conceded, cannot be destroyed or impaired under such are­ served to the States respectively or to the people. It possesses, t.here­ served power. fore, no power which is not expre.ssly conferred or which is not nec­ Again, in Muller vs. The State, 15 Wallace, 498-and by the way essary to the execution of one expressly conferred. And I insist there this very case is quoted by the committee to sustain theirreport-the is nothing in the Constitution, either express or implied, that can, by doctrine is laid down in these words : any rule of· construction, be tortured into a grant of power to Con­ Power to legislate upon such a reservation in a charter to a private corpora­ gress to impair the obligation of contracts or to destroy vested right.s, tion is certainly not without limit, and it may well be admitted that it cannot be save and except in one particular instance or class of ca-ses; and the exercised to take a. way or destroy rights acquired by virtue of such charter and very fact that an express grant of power to legislate in such manner which by a legitimate use of the powers granted have become vested in the corpora­ as may interfere with vested rights in one particular class of cases tion. by necessary implication excludes the power in every other class of It was held in the highest court of Kentucky in a case reported in cases. The Constitution, in section 8, article 1, in enumerating the 15 Munroe's Law and Equity Reports, 357, as follows: powers of Congress, says : A reservation by the Legislature in a charter to alter, amend, or repeal does not The Congress shall have power to establish uniform laws on the subject of bank­ imply the power to alter or change the vested rights acquire1l )Jy the corporators ruptcies throu~hout the United States. under the charter, and to add new parties and managers without the consent of the corporators. - Here, then, is an express grant empowering Congress in this par­ In the case of Mumma vs. Potomac Company, 8 Peters, 286, the ticular class of cases to pass a law that will affect the obligation court held, in substance and efl'ect, that under the reserved power to of contracts, that will divest vested rights. If, therefore, this great "alter, amend, or repeal," Congress, while it may exercise control power, so in conflict with the first principles of private and individ­ over the franchise it has granted, cannot divest vested rights, impair ual right, is in one class of cases expressly given to Congress, is not the obligation of contracts, or take from the corporators their prop­ the inference irresistible and logical that no such power can be ex­ erty without due process of law or without making just compensa­ ercised in any other case whatever, the more especially whon no im­ tion. plied power exists to do such thing in carrying jnto execution any of Chief-Justice Shaw, of Massachusetts, in the case of The Common­ the other express powers conferred upon Congress Y wealth vs. Essex Company, 13 Gray, 253, in speaking of the reserved Where, then, does Congress obtain the power to pass this bill f In power under the laws of that State, which provided that all acts of what section or line of the Constitution does it exist' Is it to be incorporated companies were subject to amendment, alteration, or found in the general grant to Congress of legislative powers f Most repeal at the plea-sure of tho Legislature, uses this language: certainly not. The Constitution provides, it is true, that "all legis­ It seems to us that this power must have some limit, tbou~h it is difficult to de­ lative powers herein granted shall be vested in a Congress," &c. ; but fine it. Suppose an authority bas been given by law to a railroad corporation to when we come to examine the legislative powers that are therein purchase a. lot of land for purposes counceted with its business, and they purchase granted we fail to find anything that would authorize interference such lot from a third party, could the Legislature 11rohibit the company from hold­ ing it 1 If so, in whom should it vest, or could the Legislature direct it to revest in with the obligations of a contract or that would justify the invasion tho grantor or escheat to the public, or how otherwise 7 Suppose a manufacturing of vested rights, save in t.he particular instance or class of cases to company is authorized to erect a dam and flow a. tract of meadow, and the owners which I have attracted attention. claim gross damages, which are assessed and pairl, can the Legislature afterward But suppose the grant of legislative power had been unlimited, un­ alter the act of incorporation so as to give to such meadow-owners future annual dama::res 1 Perhaps from these extreme cases-for extreme cases are allowable to restricted, absolute1 if you please, in so far as any restriction con­ test a legal principle-the rule to be extracted is this: that where, under power in tained in the Conshtution itself is concerned, and the clause had read a charter, ril!bts have been acquired and become vested, no amendment or altera­ in .this wise: "All legislative powers shall be vested in Congress," tion of the charter can take away the property o.r rights which have become vested instead of "All legislative powers herein granted shall be vested in under a. legitimate exercise of the powers granted. Congress;" still I contend that under this sweeping grant of unlimited It is needless to quote further authorities, as those already cited power Congress could not invade the domain of private right by im­ settle beyond controversy the doctrine of the law that Congress, un­ pairing the obligation of contracts or divesting individuals of rights der a reserved power to alter, amend, or repeal acts of incorporation, already vested. And why not Y I answer, for the sufficient reason has no power to divest the corporation of its property or impair the that t.o do so would be to transcend the legitimate powers of lcgisla4 obligation of its contracts. And even should it be conceded that the lation. It would be to step beyond the outer limit of unrestricted contract itself between the Government and the railroad companies legislative power. It would be to depart from the province of legis­ coulu be repealed under the reserved power to alter, amend, or repeal, lation and to enter the domain of the judiciary. Tile passage of a inasmuch as this could not be done wi tbout depriving these companies law, therefore, having this effect, even though there were no restric­ of tlleir property, another provision of the Constitution is enconn- tions in the Constitution on the legislative power vested iu Collgreso 1084 . CONGRESSIONAL RECORD-SENATE. JANUARY 29, by that instrument, would not for the reasons etated be a. legitimate as thus defined by onQ party to the contract. That Congress has the" exercise of legislative power. A law deciding a controversy between po'wer to do either the one or the other, I deny. And, first, as to its individuals in a case pending in a court of justice wherein a. matter right to declare the meaning of the term" net earnings." of private property was involved would be no greater usurpation of 'Vben the Government contracts wit-h one or more of its citizens it, legislative power than the former. The proper, well-defined bound­ in so far as relates to the construction and interpretation of the termli ary of the unlimited powers of legislation, if I may so speak, would be and conditions of the contract, is divested of its sovereignty, and transcended in either case. The limit&tions to legislative power in all stands precisely in the same position as a private individual, with no legislative bodies are not merely those prescribed by the fundamental greater and no less powers in this Fespect. It stands on a perfect law, for, in the language of the Snpreme Court of the United States equality with the person with whom it is contracting, and has no more in the ca~e of The Loan Association VB. Topeka, 20 Wallace, 662: power to construe or interpret the contract for itself, if this construc­ There are limitations on such power which grow out of the e sential nature of tion or interpretation be doubtful, than bas the" other party to the all free governments; implied reservations of individual rio-hts, without which •he contract to construe or interpret it for itself. If the term" net earn­ social compact could not exist, and which are respected by ill governments entitled incrs" as applied to railroads had, at the time this cont.ract was made, to the name. No court, for instance, would hel!itato to declare void a statute which enacted that A and B, who were husband and wife, should be so no longer, but that a definitive meaning in law, then neither the Government nor the cor­ A should thereafter be the husband of C, and B the wife of D, or which should poration ha8 the right to change that meaning without the consent enact that the homestead now owned by A should no longer be his but shoulu of the other. If, upon the other band, the meaning of tho term was henceforth be the property of B. uncertain and indeterminate in law and in fact at the time the con­ Again, in the same case, the court uses this langnage: tract was made-, then neither party to the contract can determine It must be conceded that there are such rights in every free government beyond such meaning to be one thing or the other in the absence of assent the control of the state. A government which reco~mzed no such rights, which or aequiescence from the other, but in that event the jmlicial tribu­ held the live8, the liberty, and the property of its citizens subject at all times to nals are tho only common arbiter. the absolute d.e8potism and unlimited control of even the most democratic deposi­ tory of power, is after all but a despotism. It is true it is a despotism of the many, Bnt, again, is it not a fact that the meaning of the term" net· earn­ of the majority, if you choose to call it so, but it is none the less a despotism. * * * ings" did have a. definitive meaning in law at the time this contract The theory of our governments, State and national, is opposed to the deposit of was entered into between the Government and these corporations Y unlimited power anywhere. And is it not, furthermore, a fact that the bill reported by the Ju­ ChiQ-f-Justice Marshall, hil Fletcher vs. Peck, 6 Cranch, 103, lays diciary Committee changes that meaning to the (letriment of the e down the law upon this important sub,ject in these words: companies and without their consent, and thus impairs the obligation Where, then, a law is in its nature a contract, when ab olute ri!lhtS have vested of their contract and interferes with their vested rights 'f under that contract, a repeal of the law cannot dh·est those rights, and the act of The first section of the bill, say the committee in their report in its annulling them, if legitimate, is rendered so by a power applicable to the case of favor, " defines what shall be considered net earnings of said railroad every individual in the community. It max well bo doubted \Vhether the nature of companies respectively," thus assuming that the term bad no well­ society and of government doas not prescnbe some limits to the legislative power, and, if any be prescribed, where are they to be found, if the property of an indi­ understood meaning when used in the original contract, and then as­ vidual, fairly and honestly acquired, may be seized without compensation~ To the suming, furthermore, that the Government alone bas the right to ad­ Legislature all legislative power is granted- judicate upon the subject and give to thsse words construction and And here it will be perceived the court ii speaking of the Legisla­ definition. And then in the clause in the pending bill determining in ture of the State of Georgia, wherein there was no restriction upon the language of the committee " what shall be considered net earn­ the legislative power- ings," all sums owing or paid by said comps.nies as interest on any portion of their indebtedness are excluded from consideration; which but the ~uestion whether the act of transferring the property of au individual to the public be in the nature of a legislative power, is well worthy of serious reflec­ is in direct conflict with the only case of which I have any knowl­ tion. It is the peculiar prpvince of the Legislature to prescribe ~eneral rules for edge wherein this precise question upon a similar provision was de­ the government of societ.y; the application of these rules to indiVlduals in society cided by the highest court in the land. In the case of St. John 1'8. would seem to be the duty of other departments. How far the power of ¢ving the law may involve every other power in cases where the Constitution is silent, never Erie Railway Company, 22 'Vall., 137, which was a case wherein St. has been and perhaps ne>er can be defioitely stated. The validity of this rescind­ John, who was a holder of preferred stock in the Erie Railway Com­ ing act, then, might well be doubted, were Georgia & single, so>ereign State. pany and as such entitled to a dividend from the net earnings of the The supreme court of Vermont, in the case of Briggsvs. Hubbard, road, sought to compel the company to pay him his dividend out of the net earnin,t::s, exclusive of the payment by the company of inter­ said: · est upon its indebtednes or rents of leased roads, the comt said: Every law that takes away or impairs rights vested agreeably to existing Jaws is re,trospective. To say the least of snob laws, they are ~enerally unjnst and neither We are of the opinion that the rents for that vear, accruing under leases taken accord with sound le.gislation nor the fundamental prineiples of the social com­ by the company after the issuin~ of the prcferreu stock, aml the interest upon the pact. sterling bonds for that year were properly paid, and that there wereo no net earn­ i~g~ earned in that :year whicl1 could be propel'ly applied in paJlllent of preferred Chancellor Kent, in Gardner vs. Village of Newburgh, 2 Johnson, div1uenlls. These VIews are fatal to the complamant's case. 161, said: My conclusion ie that, upon principle as well as upon anthOse (except where property such earnings as remain after deducting from the gross earnings not is taken for public use am] upon a just compensation) IS to be adjudged invalid, as only all operating and other necessary expenses bnt also the interest being above the power and beyond the scope of legislative authority. wTrich has been paid by the company during the year in maintaining But not only has the doctrine that Congress has no power to pass a its corporate existence and carrying forward its business, find warrant law impairing the obligation C1f contracts or divesting vested rights for legislating that said term shall be_'' construed" to be something been asserted by commentators on the Constitution, lmt by numerous else 7 It seems to me not. The companies have paid and are paying judicial decisions. Duer on Constitutional Jurisprudence, page 357, annually from the earnings of the road, as it is alleged, interest OQ uses this la.ngnage : the first-mortgage bonds. To the ext-ent of 5 per cent. annually upon A similar restriction with regard to the bills of attainder and ex.post facto laws tbitJ amount of interest this bill proposes the company shall pay to the is imposed by the Constitution on Conp:ress as well as upon tbe State I,ogislatures, Government, when the contract under the rule laid down by the Su­ but not with regard to laws impairin~ the obligation of contracts, which are also retrospecti>e in their operations ann equally mcensistent with sound legislation preme Court of the United States in the case just quoted only callerl. and the fundamental principles of the social compact. * * * The power pos­ for 5 per cent. on the net earnings exclnuing this interest. To this sessed by a State Legislature, to which everything not e:z:pressly reserved is granter requiro the defendants to extend it to one hundred feet or to build it across DfPROVE~fE:yr OF HARBOR OF BRUNSWICK, GEORGIA. entire space between the shore and the adjacent island. Mr. HARTRIDGE introduced a bill(H. R. No. 4541) making an ap­ That Congress would haTe the power to declare a forfeiture of said propriation for the improvement of the harbor at Brunswick, Georgia; railroads or le~islate for the purpose of keeping the same "in repair which was read a first and second time, referred to the Committee on and use," and m such latter event to direct the income of such com­ Commerce, and ordered to be printed. panies to be devoted to the use of the United ~tates to repay all such LEGAL REPRESEXTA.TIVES OF :URENCH GRA.HA."\f. expenditures caused by the default and neglect of such companies, or any of them, whenever there has been a failure to comply with the Mr. BLOUNT introduced a bill <_H. R. No. 4542) for tb'e relief of terms of the charter, no one will pretend to deny. But the theory of the legal representatives of French Graham; which was read a first the bill presented by the Judiciary Committee does not proceed upon and second time, referred to the Committee on War Claims, and or­ the assumption that there has been any such failure upon the part of dered to be printed. these corporations or any of them. It is not pretended that the road WILLI.Al\f HARBOR. was not completed within the time fixed by law, nor could it be, for, M:r. NASH introduce(] a bill (H. R. No. 4543) to afford relief to as a matter of history, that speaks volumes for American enterprise WiJliam Harbor, a resident of Pointe Conpee, in the State of Loui­ and which most assuredly is not to the discredit of these companies; siana, for damages sustaineu by him during the rebellion, all in Octo­ this great continental highway was in running order before one-half ber, A. D. 1863; which was read a first and second time, referred to the time had expiretl within which the act of Congress required it to the Committee on War Claims, and ordered to he printed. he done. July 1, 18i6, was the limit prescribe(], whereas the road wa-s Al\IE~"'DME~T OF REVISED STATUTES. in rnnuing order, if not permanently completed and accepted, according l\Ir. BANNING introduced a bill (H. R. No. 4544) to amend section to the terms of tho charter, in April, 1869. Nor is it pretended that 1105 of the Revised Statutes of the Uniteu States, and to repeal an there has been any failure to keep said road ''in repair and use," or act of August 15, 1876; which was reall a first and second time, re­ that they have permitted it to remain" out of repair and unfit for ferred to the Committee on Military Affairs, and ordered to be printed. use," which, under the express terms of section 17 of the act of 1862, would authorize legislation of a character different from that now 1\IEET:rnG OF CO~GRESS. anthorizecl; nor can it be said that the contingency provided for in . Mr. BANNING also introduced a bill (H. R. No. 4545) to fix the section 18 of the original act has happeneu, wherein Congress is au­ times for regular meetings of Congress; which was read a first and thorized to "a01l to, alter, amend, or repeal the act" in certain re­ second time, (one reading being in full upon the call of Mr. DURHAM,}· spects aml for certain purposes. But in what respects ant! for what referred to the Committee on the Judiciary, and ordered to be printed. purposes 'l I answer in the plain language of the act itself: MARTHA A. . JO~TES. To promote the public interest and welfare by the construction ot said railroad Mr. HOLMAN introduced a bill (H. R. No. 4546) granting a pen. and U>legraph line, anti keeping the same in working order, and to secure to the Government at all times (but particularly iu time of war) the use and benefits of sion to l\Iartha A. Jones, of Wayne County, Indiana; which was reacl the same for postal, military, and other purposes. a first aml second time, refcrreu to the Committee on Invalid Pen­ Can it, I ask, be succeu fully maintained as a legal proposition that sions, and ordered to bo printed. so long as these companies keep this road in good working order, so BE~JAl\IL~ F. ROGERS. long as it remains as is it is now, one of the very bc~t conditioned and ~Ir. STEVENSO~ introduced a bill (H. R. No. 4547) granting a. pen­ most carefully operated roads on the continent, so long as the Gov­ sion to Benjamin F. Rogers, late a private in Company F, Nineteent-h ernment in peace as well as in war has the uso and benefits of the Regiment Illinois Infantry Volunteers; which was read a first and same for postal, military, and other purposes secured to it by tbe second time, referre(l to the Committee on Invalid Pensions, and or­ terms of its own charter-can it, I repeat, so long as these things con­ dered to be printed. tinue to exist, be succes fully maintained as a legal proposition that REXT OF POST-OFFICES. under or in virtue of tho provisions of section lH of the act of 1862 Congress could, by any mere assumption upon its part that the "pe­ Mr. CLARK, of .Mis'3onri, introduced a bill (H. R. No. 4548) to au­ cuniary condition " of these roads is not uch as it might or should t.horize the Postmaster-General to pay rent as it may fall dne under be, entertain jurisdiction to pa s this bill on the ground that tho lease bv the Government of certain premises for post-offices now held contingency had bappenell that authorizes Congress to" add to, alter, and occupied by the postmasters of the United States; which was read amend, or repeal tho act" for the purpose of promoting the public a first and second time, (one reading being in full upon the call of Mr. interest, keeping the samo in working ortlerJ and securing to the Gov­ TowxsE~"'D, of New York,) referred to the Committee on the Post­ ernment tho u e and benefits of the same for postal, military, and Office aml Post-Roads, aml oruerecl to be printed. other purposes¥ To give to this section such a construction, it seems DIPROVE:.\ill:XT OF TilE S..UXT FRA.....'."COIS RIVER, 1\fJSSOURI. t~ me, w~mlcl ue to (~O violence to language and every recognized rule Mr. HATCHER intro

HOT SPRINGS RESERVATIO~, ARKANSAS. movefl by the gentleman from Missouri, rMr. BucK~ER,] striking out J\.Ir. SLE~fONS presented n. joint resolution of the General Assem­ all after t.he enacting clause and insert.ing in lieu thereof what the bly of the State of Arkansas, in relation to the Hot Springs reserva­ Clerk will read. tion; which was referred to the Committee on Public Lancls, and or­ The Clerk reau as follows: dered to be printed. That the Secretary of tho Trea>!ury bo, anrl. b e is hereby, directed to deliver to Mr. GAUSE presented a joint resolution of the General Assembly sai1l James n. Ea1ls, or his assigns or ll•_ga \ r epreseutath·es, the snm of ~300,000 m bonds of the United States, as provided for by an act entitled "An act making of the State of Arkansas, in relation to tho Hot Springs reservation; provision for the repair, presenal iou, an1\ completion of c01·tain public works on which was referred to the Committee on Pul>lic Land~>, aml ordered ri>crs and harbors, anti for other purposes." approved March 3, 18i5, tile Secretary to be printe(l. of War hasin_g fletPrmiuell that said sum is uue to saitl Eatls by the terms of a. cer­ tain written contra1:t enterecl into bv said Ea..ls with the Uuited States unuer and FORFEITI~G OF LAND GR~:NT L~ l\UCHIGAN. by the pr-ovisions of said act of Ma.r·ch 3. 18i5. Mr. W. B. WILLIAMS introduced a bill (H. R. No. 4550) to declare Mr. STO~E. Is this before the House by unanimous consent f forfcite.d to the United States certain lands granted to the State of ThB SPEAKER. It is. Michigan for railroad purposes, and to provide for their sale to actual Mr. STONE. Then I o~ject. settlers; which was read a first anu second time, (one rea eli ng being Mr. CLYMER. The gentleman's ohjection comes too late. in full,) referred 'to the Committee on Public Lands, anu ordereu to The SPEAKER. Tbe Chair ashed for objection. aml nono was be printeu. made at the time, ancl. the consideration of the subject having been RAILROAD FRO:\I THE ATLA..~TIC TO THE MISSOURI RIVER. proceeded wit.b, objection now comes too late. Mr. HUBBELL introduced a bill (H. R. No. 4551) chartering a Mr. HOLJLu~. I ask that the bill be read as reporteu from the double-track freight railway company from tide-water on the Atlan­ committee. tic to the Missouri River, and to limit the rates of freight thereon; The bill, which was read, directs the Secretary of the Treasury to which was read a first and second time, (one reading being in full pay "'00,000 to James B. Ead, of Saint Louis, or his assigns or lc~al upon the call of Mr. HUBBELL,) referred to the Committee on Rail­ representatives, the Secretary of War having determined that that ways and Canals, and oruered to be printed. amotmt is due to said Ends by the terms of a certain written con­ JAMES AUSTDi M'CREIGHT. tract entered into hy saicl Eads with the United States to construct such permanent and sufficient jetties ana such auxiliary works as -Mr. FINLEY introduced a bill (H. R. No. 455'2) to remove the legal may be necessary to create a wide and deep channel between the 'Mid political disabilities of James Austin McCreight, of Alachua South Pass of the Mississippi River and the Gulf of 1\fexico, to be County, Florida; which was read a first ancl second time, referred to paid under and in pursuance of the provisions of the net approved the Committee on the Judiciary, and ordered to be printed. Uarch 3, 1875, making :tppropriat.ious for tho repair, preset·vation, NATIO~AL METROPOLITAN LIFE-INSURANCE COMPANY. and completion of public works on rivers and harbors, and for other Mr. HANCOCK, (by request) introduced a bill (H. R. No. 4553) to purposes. incorporate the Nat,ional Metropolitan Life-Insurance Company of the Tho SPEAKER. At the arljournment on Saturday the House di­ District of Columbia ; which was read a first and second time, re­ vided by tellers on the substitute and no quorum appeared. The ferred to the Committee for the District of Columbia, and ordereu to gent.leman from Indiana [Mr. HOL:\IAN] and the gentleman from Mich­ lw printed. igan rMr. COXGER] will resume their places. ORDER 01!' BUSINESS. The House again divided; and the tellers reported-ayes 54, noes 93. Mr. BUCKNER demandeu the yeas and nays. Mr. KASSON. Has the morning hour expired' The yeas and nays were ordered. The SPEAKER. It bas. The question was taken; and decideu in the negative-yeas 58, Mr. DUNNELL. I hope, Mr. Speaker, that the States that have nays 162, not voting 70; as follows: not been called will be called for the introduction of bills and joint YEAS-Messrs. Bagby, .Tohn H. Bagley, jr., Ballou, Blrulkbnrn, Blair, Buckner, resolutions for reference. Candler, Cannon, Caulfield, John B. Ulark, jr., of Mi !!Ouri, Conger. Cook, Crapo, The SPEAKER. Is there objection to calling the States that have Dunnell, Eames, Ellis, Foster, Franklin, Benjamin W. IIarris, Hartrid~e. Hatcher, not yet been called for the introduction of bills and resolutions Y Henkle, Hurd, Kchr, Kelley, Knott, Lamar, Leavenworth, Levy, Mai h. Monev, Morgan, O'Brien, O'Neill, .Tohn F. Philips, Pierce, Powell, John Reilly, William :M. Mr. KAS.SON. Is this the day for the District of Columbia busi­ Robliins, Singleton, Siemon , William E. Smith, Stenger, Stone, Swann, Tarbox, ness at two o'clock Y Thomas, Throckmorton, Wadtlell, Waldron. Alexander S. Wallace, John W. Wal· The SPEAKER. It is. lace, Walosh, Watterson. G. Wiley Wells, White, Willard, and Alan Wood, jr-58. Mr. KASSON. If they will not call for their time I am perfectly NAYS-Messrs. Abbott, Aclams, Ain!lworth, Antler on, A!lhe. Atkins, George willing to agree to the proposition of the gentleman from .Uinncsota. A. Bagley, John H. Baker, William II. Baker, Banning, Bland. Blount, Boone, Bradford, Bradley, .Tohn Yonng Brown, William r.. Brown. Samnel D. Bur· The SPEAKER. The Chair ha3 no power to make any such condi­ chard, Burl, iah, Buttz, Cabell .Tohn H. Caldwell, William P. Caldwell, Carr, tion. Cason, Caswell. Cate. Chittenclen, .John B. Clarke of Kentucky, Clvmer, Cowan, Mr. KASSON. The chairman of the District of Colnm hi a Committee Cox, Crounse, Culberson, Cutler, Danford, DarraH. Davis~ Davy, benison. Dib­ rell, Dobbins, Durand. Durham, Eden, Egbert, E\"ans, F:uukner, Felton, Finley, ill here and he can say. If that committee shall demand their time Flye, Forney, Gause. Glover, Goodin, Gunter, Halo, Andrew H. Hamilton, Rob­ at two o'clock I wish to say there are some motions which should ert Hamilton. Haralson, Hardcnberl!h, Henry R. llaTTis, John T. Harris, Tiar. be acted on this morning. I therefore object to the proposition of rison, Hartzell, Haymon1l, Hendee, Ilenucrson, IIereforJ, Abram S. Hewitt. Gold­ tbe gentleman from Minnesota. smith W. Hewitt, Hoge, Holman, Hopkins. Hoskins, lions , Hubbell, Humphreys, Hunter, Hunton, Hyman, Frank Jones. Thomas L . .Jones, .Toyce, Km~ on, Kimball, REPRESENTATIVE FROM COLORADO. .Franklin Landers, George M. Landers, Lane, Lapham, Lawr~>nce, Le 1\Ioyne. Lewis, Luttrell, Lynch, Lynde, Mackey, McFarlanrl, McMnhon, Miller, Milliken, Monroe, The SPEAKER. The regular order of business being demanded, Nash, Neal, Norton, Odell, Oliver, Packer. Pa:re, Payne. Phelps. Piper, Plaisted, the House resumes the consideration of the motion to suspend the Platt, Poppleton, Potter, Pnrman, Rainey, Rea , ~eagan, Riudle, Roberts, P..obinson, rules coming over from last Mond.ay made by the gentleman from Iowa Sampson, Savage, Scales, Schleicher, Schumaker, Sheakley, Smalls, A. IIetT Smith, [Mr. KAsso:x] and pa s the resolution reported from the Committee on Southard, Sparks, Springer, Stanton, Strait, Teese, Terry, Thompson. Thornburgh, Tufts, Turney, Van Vorhes, Robert B. Vnnce, Walling, Ward, Warner, "Tarren, the Judiciary, seating Mr. Belford as a member-elect from the State Erastus '\Volls, Whiting, Whitthorne, Wig,!!inton, Anclrow Williams, AJpheus S. of Colorado. Williams, Charles G. Williams, Jere N. Williams, William ll. Williams, Willis, Mr. KASSON. I may be able to withdraw my motion without ob­ Benjamin Wilson, .James Wilson, Woodworth, and Yonng-162. jection. I understand the chairman of the Committee on the Judi­ NOT VOTL~G-Messrs. Banks, Ba s. Beebe, Bell, Bli s, Bri1;bt. Horatio C. Bur· oharu, Campbell, Chapin, Cochrane, CoUins, De Bolt, Dougla.s, Field. Fort, Freeman, ciary [Mr. KNorr] said on Saturday that the subject-matter of my Frye, Fuller, Garfield, Gillson, Goode, Hancock, Hathorn, lla.ys, llill, Hoar, IIooker, resolution would be called up to-morrow. Am I correct! Hurlbut, Jenks, King, Lord, Mag_n Townsend, Tucker, he would call up the resolution reported from his committee on that .John L. Vance, Wait. Charles C. B Walker, Gilbert C. ·walker, Wbeeler, White­ subject to-morrow. house, Wike, James Williams, Wilshil'e, FernandoWood, Woouburn, and Yeates-70. Mr. KASSON. In that case then I withdraw the motion to suspend the rnles made by me and which comes over from Monday last. So the substitute was uot adopted. During the call of the roll, JAl>IES B. EADS. . :Mr. ASHE eaid: l\Iy colleague from North Carolina, Mr. YEATES, is :Mr. HOLMAN. I ask, by unanimous consent, the Honse resume and confined to his room by sickness. complete the cousideration of the bill pending at the adjournment on The result of the vote was then announced as above recorded. Saturday, making appropriation to pay Captain Eads certain moneys The SPEAKER. The question is now on the engrossment and third under his contract to open the mouth of the Mississippi River. reading of the original bill. There was no objection, and it was ordered accordingly. Mr. O'BRIEN. Let it be read. Mr. JONES, of Kentucky. I desire to ofter a resolution for refer- The bill was again read. ence, calling on the Secretary of War for information. ' Mr. CONGER. I desire to offer an amendment to the bill. Several members demanded the regular order of business. The SPEAKER. That would not be in order, the previous question The SPEAKER. The Honse now resumes the consideration of the having been ordered on the substitute and engrossed bill. bill (H. n.. No. 4540) to provide for the payment of James B. Eads for Mr. CONGER. I move to reconsider the motion by which the main the construction of jetties, and other auxiliary works, to make wide question was ordered. aucl deep tho channelbctwcen the South Pass of the Mississippi Ri>er The SPEAKER. The previous question having been only partially anu the Gnlf of Mexico, under contract with the United States, re­ executed the gentleman is not in order in making that motion. Jlorteu from the Commit tee on Appropriations by the gentleman from Mr. O'BRIEN. I woulll suggest to the gentleman from Michigan Iuuiaua., [Mr. HuL~fAN.] The pending qnestion is on tho substitute that ho wait until the engrossment and third reading of tho bill. 1877. CONGRESSIONAL RECORD-HOUSE. 1087

Mr. CONGER. Very well. the Chair will see that this ie the only stage where a bill is prop­ The bill was ordered to be engrossed and read a third time. erly debatable. Although our rules permit bills on their passage to The SPEAKER. The question is on t he passage of the bill. be debated, yet I think a motion to reconsider at this stage of a bill 1\Ir. CONGER. I move to reconsider the vote by which the bill was in order to bring it back for amendment should be supported by de­ ordereu to be engrossed and read a third time. bate. If there should be debate at any stage of a bill there is Mr. HOLMAN. I call for the previous question on the passage of rea-son why it should be debated at this stage. I think if the Chair the bill if the operation of the previous question is exhausted. will reflect be will see that this question is properly debatable, and Tile SPEAKER. The gentleman from Michigan, being recognized, therefore a motion to reconsider after the previous question is ex­ has the right to make a motion to reconsider the vote by which the hausted is debatable. If the gentleman in charge had a.<~ked the pre­ · bill was ordered to be engrossed and read a third time. vious question on the passage the motion to reconsider would not Mr. CONGER. I uesire to state that my object in making that have been debatable, but he did not insist upon his right to move the motion is that I may ask the House to adopt an amendment to the bill. previous question. It is customary for a member in charge of a bill ADMISSIOXS ON THE FLOOR. to move to reconsider and table at each stage, which shuts out those opposing the bill from getting the floor if the House supports the Mr. DURHAM. I ask that Rule 134 may be read and enforced. member in charge. In this case thls was not done, and the privilege \Ve caunot pass this morning outside the seats without running I think good to reconsider now. against four or .five lobbyists. Mr. KASSON. I did uot hoar my colleague distinctly and do not Tile SPEAKER. The gentleman from Kentucky demands the read- khow if be referred to the statement in tb.e Digest on page 199. The ing of the one hundred and thirty-fourth rule. .Mr. O'BRIEN. I hope it will be enforced. construction put upon the rule will be found there; and with the The SPEAKER. Tile Chair will enforce it. permission of the Chair I will read it: Where a vote taken nuder the operation of the previous question is reconsidered, The Clerk read as follows : the question is then divf' ted of the previous question, and is open to debate and 134. No person except members of the Senate, their Secretary, heads of Depart­ a.mendment.-Journafs, J, 27, page 129; 1, 33, page 127. ments, the Presiucnt's Private Secretary, foreign ministers, tho governor for the time being of any State, Senator and Representatives elect, judges of the Supreme Then comes this note in brackets: Court of the Un•ted States and of tho Court of Claims, and such persons as have These decisions apply onlv to cases where tho previous question was fully ex­ by name received the thanks of Congress-March 15, 1867-shall be admitted with­ hausted by votes taken on all the questions covered by it uefore the motion tore­ in the Hall Gf the Honse of Representatives-March 19, 186Q.-or any of the rooms consider was made. In any other case, the pendency of the previous question would upon the same fioor or leading into the same-March 2, 1865; provided that ex-mem­ bers of Congress who are not interested in any claim pending before Congress, and preclude debate. shall so register themselves may also bo admitted within the Hall of the House; Therefore, as I construe the ruling, this bill has been fnl1y divested and no persons except those herein specified shall at any time be admitted to the floor of the Ilonse.-.Jlarch 15, ld67. of the operation of the previous question, and my recollection of the decisions of the Chair heretofore has been that the motion to recon The SPEAKER. The Chair directs that the officers of the HQuse sider could only be avoided by the person in charge of the bill im­ enforce the rule as read. mediately calling the previous question on the passage of the bill. .Mr. DURHAM. I desire to make the point of order that no per­ sons other than those named in the ru1e can be introduced to the floor ORDER OF BUSINESS. of the House, oven unuer the direction of the Speaker, except by a. The SPEAKER. The hour of two o'clock having arrived, the Chair suspension of the rules. recognizes the chairman of the Committee for the District of Colum­ The SPEAKER. The Chair feels that be has been trying his very bia, LMr. BuciL.--mR,] to-day being devoted to the business of that com­ best to enforce the rule; and he asks now that members, without ex­ mittee. ception, will co-operate with him in doing so in the future. Mr. CONGER. Will the Cilair recognize me when this question comes np ag-ain f PAYMENT OF .JAMES B. EADS. The SPEAKER. The Chair will do so, and in the mean time the Mr. HOLMAN. I move to lay the motion to reconsider on the table. Chair will examine this question more fully. The SPEAKER. The gentleman from :Michigan [.Mr. Co~GER] moves to reconsiuer the vote by which the bill was ordered to be en­ WASHIXGTON CITY A~TD ATLANTIC COAST RAILROAD COMPANY. grossed and read a third time. That motion is not debatable. The Mr. BUCKNER. When the Honse had last under consideration the gentleman from Indiana moves to lay the mot.ion to reconsider on the business of the District of Columbia there was pending a bill as un­ table. finished busiJ1ess which my colleague on tile committee, Mr. HK..~KLE, Mr. CONGER. Does the Chair decide that the motion to reconsider has charge of. is not debata~le J Tile House resumed the consideration of the bill (H. R. No.lSGO) to The SPEAKER. Yes, sir. incorporate the Washington City and Atlantic Coast Railroad Com­ Mr. HOLMAN. Of course it is not debatable-the previous ques- pany. tion still operating. The bill was read, as follows : Mr. CO~GER. The operation of the previous question is exhausted. Be it enacted by th.e Senate and House of Representatives of tlte United States of .America in Oongress assembled. T?at C. C. Cox, A . .A. Gangewer_, M. Meig,., Allan The SPEAKER. The Chair will read from the Digest: Rutherford, J. A. Lynch, W. F. Sliney, C. D. Sloan. G. W. C. Wrute, --, --, A motion to reconsider is not debatable if the question proposed to be recon­ together with such persons as may become associated with them for that. purpose, sidered is not debatable. toaetber with their successors. are hereby rreated antl erected into a body corpo· rate and politic, in deed and in law, by the name and title of the Wasbin;rton City Mr. CONGER. But in this case the question was evidently debat- and Atlantic Coast Railro'le the same; and whenever tltat amount shall h:n·e been sub cribed, and 20 per Mr. WILSON, of Iowa. There are certain questions which under cent. of the same paid as abo•e l!ubscribed, it shall bo the tlut.v of tho above-named the rules of tho House arc not debatable, and motions to reconsider corporators (a. majority of whom shall constitute a quorum for the transaction of them are not debatable. A bill or resolution is debatable on engross­ business) to call a meeting of tho stockholders, at the city of ·wa shin~n. for the ment, and a motion to reconsider that question is debatable; a mo­ purpose of eloctinJ! directors of tho said corporation; autl each share of saill stock on which tho sai

ignated shall certify under their names the directors thus duly elected, and shall which was not accepted by the committee because it was not thor­ notify them of their election and the time and place of the first mee'tin~ of the said board of directors. At such meeting the above corporators shall deliver to the oughly understood. Upon a more thorough nnderstanding of the im­ said directors the books of subscription tt> the said Wasbin::ton City and .Atlantic port of the amendment the friends of the bill were willing to consent Coast Railroad Company, together with tho amount paid tuereon, with a full re­ that it should become a part of the bill, ·aml I will now yield to the port of their proceedings unuer this act; and thot eupon tho duties of the corporators gentleman from Iowa, [Mr. OLIVER] to offer that amendment. hereinbefore named shall cease and determine forever; and thereafter the said directors, with their successors or assigns, shall constitute the said body politic Mr. OLIVER. I offer the following amendment to come in as an and corporate. The directors thus chosen shall hold their office for one year, and additional section: 'W!til others are elected and qualified to till their places. .A majority of said direct­ That the company receiving the benefit.~ of this grant shall not char::re for trans­ ors shall constitute a quorum for the transaction of business. portlng persons or mercbantliso moro for ale :~ than for a greater cbtance, nor dis. SEC. 6. 'l'hat the said directors shall, at their first mcetin,t.r, elect. from their own criminate against shippers from the samo point on their li11e to any other point on number a president and a vice.prcsident. They may also from time to time elect their line or to points ou other lines of railrvad. a treasurer, a secretary, a chief engineer, and a fcncral auperintemlent, to,gethcr with such other officers, agents, and employes as hey may deem nect>ssary, each of Mr. HENKLE. I have no objection to the amendment. whom shall hol{l oflice or po ition during the plea~~ure of said board of directors. The amendment was agreed to. . The directors shall have power to fill all vacancic~ in the board which may be I caused by death or resignation, except as is hereinbefoxe provided for. The treas· Mr. HENKLE. now move the previous question on the bill as m.·er shall give bonds with security, as the board shall from timo to time require. amended. Meetings of the stockholders of the saicl corporation for the election of directors Tile previous question was seconded and the main question ordered; and for the transaction of business shall b~ holden annually, and at such other times and under the operat.ion thereof the bill was onlere(l to bo engro sed and upon such notice aS may be presmibed by tho by.laws. The directors of t.ho said corporation may require the subscribers to the capi tru stock to pay the amount and read a third timo; aud it was accordingly read the third time, by them subscribed respectinly at such times and in such manner and in such in­ an regulations, or may the table. sue for and collect the unpaid installments in any court of competent jurisdiction. The latter motion was agreed to. SEC. 7. That the said corporation is hereby empowered to purchase, lease, receive, MESSAGE FROl\f THB SENATE. irupro~e. and hold such real estate or other property as may be necessary for accom­ plishing the objects of this act, and may, by their a~ents, engineers, contractors, A message from the Senate, by Mr. SY:\IPSO~~ one of its clerks, an­ or workmen, immediately enter npon, take possession of, and uso all such real estate nounced that the Senate bad passed a. resolution, in which he was di­ and property as may be necessary for the construction, maintenance. and opera. tiou of said railroad and t.he accommodations appertaining thereto. But all real rected to ask the concurrence of the House, to print extra copies of estate or property thus entered upon and appropnated by said railway, and the ac· the report of the board of health of the District of Columbia for the commodations appertaining thereto, which are not donations, shall be purchased year 1::376. by s:ticl corporation from the owner or owners of the same at a price to be mutually The message further annonnced that tho Senate had passed bills of agreed upon between them ; and in case of a disa,t.rreemont as to price of any real estate or property situate in the District of Columbia, the said corporation, or the the following titles; in wllich they asked the concurrence of the owner or owners of such real estate or property, shall apply by petition to a. justice House : of the supreme comtof the District of Columbia., particularly describing the prop· A bill (S. No. 1185) to ratify an agreement with certain bands of erty; and the said jnstice shall direct the manner of ascertaining the true value of the Sioux Nation of Indians; also with the Northern Arapahoe and said real estate or other property, together with the damages which the owner or owners thereof have sustained or may Slllltain by reason of the appropriation, occu­ Cheyenne Indians; aml pation, and use thereof by the said corporation; and the said juatioo shall appoint A bill (S. No. 1143) for the relief of the legal heirs of Ann Lynch. not lo!.s than three nor more than seven competent and disinterested commissioners, 1\fESSAGE FUOl\1 TilE PRESIDENT. who shall be freeholllers of tho District of Columbia, and who shaH, under the ill· rection of saitl justice, view said premises or property, take such testimony as they A message, in writ'in~, from the Presi(lent of the United States waa may deem proper, make appraisement, and determine said damal?es, and report the communicated to the House by :.Mr. GRANT, his Private Secretary. same under oath and in writing to said justice. The report shall contain a minute -and accurate description of the real estate and other property appraised, together DESTITUTE POOR OF THE !>!STRICT OF COLUMBIA. with all the evidence taken by the commissioners in the case. It shall be the duty of said justice to examine the report of saicl commissioners, and, upon application Ur. STEVENSON, from the Committee for the District of Columbia, of either p:uty! he shall give the parties a. hearing in relation thereto; and be shall reported back, with a recommendation that it do pass, the bill (H. R. h~ve power to increase or diminish said appraisal or dama~es, if he shall become No. 4473) for the relief of tho destitute poor of the. District of Co­ satisfied upon such heating that injustice has been done. upon prQof to the said lumbia. justice, to be made within sixty days after his determination, of payment to the owner or owners, or depositing; to the credit of the owner or owners, or their The bill was read, as follows: legal representativ-es, in such banking institution as said justice shall direct, the Be it enacted b1J the Senate and Hou,se of Repre.~entatives of the United States of amount of said award, and the payment of all e:xpense~ attendin~ the same, in· America in Oongrus assembled, That the sum of 20,000, for the relief of the desti­ cludiug an allowance of ~ per diem to e:wh of the aforesaicl commiss10ners, the saill tute poor in the District of Columbia, be, and the same i!l hereby, appropriated, out justice shall ortler or decree, particularly dtlscribing said real estate or other prop­ of any money in the Treasury of the United States not otherwise appropriated; ei·ty, and reciting the appraisement of damages, and the mode of making it. together the same to be drawn by warrant.~ of the commissioners of the District of Colum­ with such facts as he may deem pertinent; and when the said order or decree shall bia on the Treasurer of the United States, in such weekly installments as shall be be recorded in tho recorder's office of said court, the said corporation, or its succes· necessary to relieve the distress of those in absolute want. sors or assigns, shall be legally and equitably seized aml ~ssessed of such real estate SEC. 2. That fm the purpose of ascertaining the amount thus necessary to be or other property, for the use aml for the purposes herem before de crihell. In case drawn for each weekly mstallment, the com mi. ioners of the District of Colnm bia any married woman, infant, idiot, insane pei'SOn, or non. resident of the District of shall require the relief commissioners of the District to furnish them the list of Columbia, in which said real estate or other property may be situated, shall be in­ 0 terested in sncb real estate or other property, the said justice shall appoint some fi~~hf~·~~h~ ~~r,e T~:~~~tU~~~ :u ~~:ti~~~~h~h~r~~~~~!e o~n~~~~~~: competent disinterested person to appear before saitl commissioners, anlic money in other quarters, we are willing to provide for pauper population to come within the limits 0f the city of Washing­ those persons in this District who are in want and suffering. ton. Wherever an appropriation is made for purposes of charity yon I ask the Clerk now to read a portion of a letter which I have re­ will fmd that those who are not disposed to work, tllo lazy, the im­ ceived from the committee appointed uy the commissioners of this provident, will flock to that point in order to become the beneficiaries District to look after the poor, t.bat part of it which I have marked, of the approprin.tion. I rega.rd this bill as a premium upon vagrancy. and then I shall trouble the House no further. I n.pprehend that yon now have here a population snfficient.ly large The Clerk read as follows: t-o tax to the utmost the benevolence aud the charities of the good We are now in daily receipt of from three hundred to five hundred application!!. people of this District. The five visitors a.re at work from daylight till dark antl yet are consiuerahlv b.,. I now ask the Clerk to read the portions I havA marked in the re­ hind. We have but one clerk, but will soon bo obligcu to have another a'l be is port of the commissioners of the District of Columbia.. not able to fill all tho orders, keep up Ws index, ancl hoar the stories of suffo:ring The Clerk read as follows: that the poor creatures are too ready to pom· into his ea1·s. We discourage personal applications, but we bave a hundred or more every day. Among the most embaiTassing qtw.stions refen-ed to the assiRtant attorney have Our funds are entirely exhausteu and the commission is working upon the faith been those growiog out of application!! to tlle commissioners for charits. It bas that Congress will come to the relief. Volumes could be filled with the tales of been supposed by some tha.tyour honorable boarit had the powert.o pension worthy destitution and Tacious by the faithful discharge of any duty is to issue one dollar of this money opposin(J' even for a moment this bill reported from the Committee to the pood Does it go into the han-ds of charitable institutionsf for the District of Columbia. But the gentleman from Mississippi The officers of those institutions are unbonded, aml they will dis­ [Mr. SINGLETON] has. invoked the unanimous support of this House burse thefnnds at their own pleasure. Hence, if this bill is to pass, for the bill under consideration. A cursory examination of the bill I beg the gentlemen having it in charge to allow it to be so amen fled has satisfied me that it is wrong in principle and is inexpedient. As that the money shall be disbursed by the commissioners of the Dis­ embodying the reasons why this bill should not pass I will ask to trict of Columbia or some other officers who are under bond. have read in_the hf!aring of the House a portion of the report of the Mr. STEVENSON. Mr. Speaker, I wish to say to my friend from commissioners of the District of Columbia, an extract from the re­ Alabama [Mr. CaLDWELL] that be need have no apprehension that port of the assistant attorney of the District. any portion of this money will be used as was money ap.propriated I would a-sk when it came to pa-ss that the American Government for the suffering poor in his own State, for political pnrposes. This beoam~ an eleemosynary institution t I woulu like to have tile Com­ money is to be appropriated for the relief of those who aro in abso­ mittee for the District of Columbia tell me what more prossing reason lute want. As bas been shown beyond all question by statements there is for a.n appropriation of $20,000 in the interest of the poor oi made to members of the committee and to many other gentlemen on tllis District tha,n of the poor of any State or of any other community this floor, there in this city hundreds of oases of actual starvation. in tho Union. · Upon the question raised by tue geut.leman from Ala.b::upn., as to how V-G9 1090 CONGRESSIONAL RECORD-HOUSE. JANUARY 29,

this money will be used, I think the bill is sufficiently guarded in that wanting in the kimUyfeeling belonging to the best hearts. All efforts respect. It provides that this money shall be drawn from the Treas­ to give a political turn to this matter I depreciate. There is no polit­ ury of the United States upon warrants of the commissioners of the ical significance in this bill. Any effort on the part of the gentle­ District of Colnmuia, who are officers under bond and under oath. man to show that because certain appropriations were made to assist Alphabetical lists are to be kept of the families who are in want and the poor and the destitute in other localities, which, perhaps, were who need this relief in order to sustain life; and the board of com­ not as proper in their character as they should have been, and that missioners, when satisfied that there is necessity, draw their warrants therefore we should turn a deaf ear to the suffering poor people of upon the Treasury of the United States, and this money is then distrib­ this District, is to my mind no respom;e to the appeal. uted. Mr. CALDWELL, of Alabama. Let me ask the gentleman how The gentleman from Alabama [Mr. CALDWELL] has suggested that long this $20,000 will last, and how far it will go in feeding the great an :tppropriation of this amount will be a premium upon crime. I bocly of the hungr:v people of this country f am at a loss to know how it can increase crime to feed the starving; Mr. SINGLETON. In answer to that I have this to say. I have whether they are criminals or whatever maybe their position or con­ conversed with intelligent ladies and gentlemen in this city and they c1ition in life. It seems to me that if the doctrine of the gentleman have assured me that while the sum may not be enough to answer is carried out ancl these men are required either to starve or to steal, all the wants of the poor of this city, yet it will go a great way to­ they will in reality become criminals; whereas if the Government of ward relieving their present distress. the United States should appropriate this small pittance for the pur­ Mr. Speaker, they are not a.U criminals who are a.pplying for as­ pose of relieving their distresses, of tiding them over the winter, they sistance. I repudiate such an idea altogether. The class of people may possibly be preserved from crime as well as from starvation. who commit crimes and are brougilt up before the judicial tribunal8 In recommending this bill, Mr. Speaker, the committee have not to answer for them are not the only onP;s asking for our charity. There stopped to consider the character or previous condition in life of are men and women, and more especially females in this city, who those who will be benefited by it. Many of them may be bad people; ha.ve been tmned out of employment and are to-day without a penny many of them, no douot, are indolent; some of them, doubtless, are in their pockets, and perhaps no place to lay their hen.ds for the night, criminals or persQns of bad character. Possibly such is the fact. were it not for the charity of some kind citizens of Washington. Many of them are unfortunate people of color, who in l:trge numbers Mr. CALDWELL, of Alab:tma. We have thousand~; of that sort have congregated in this city. I base this appropriation, Mr. Speaker, everywhere in tho country. solely upon the ground th:tt those whom it is intended to benefit are Mr. SINGLETON. I know we Ilave thousands of them, but it is in actual want, that they are starving, and their condition appeals our duty as stewards of the grace of God, when we find suffering hu­ to our common hum:mity. manity, to extend a helping hand to them. I will commend to the The gentleman from Alabama should bear in mind the fact that in gentleman that portion of the Billie where tho man who journeying his own city, in perhaps every city or municipality in these United from Jerusalem to Jericho fell among thieves and was left wounded States, appropriations are made for the relief of the poor-to prevent by the way-side, and while the Levite passed by on one side and .the starva.tion, to prevent suffering. The city of Washington has no gov­ priest on the other, the poor Samaritan came along and extended to ernment. The District of Columbia has no city government. Here him a helping hand and received the blessing of Heaven for it. It there is neiLher district nor municipal government. It is completely is easy for gentlemen who sit here and draw 5,000 a year and ex­ and exclusively in the hands of Congress; :tnd unless this appropri­ pend it as they please to talk about the criminal8 of the city of Wash­ ation or one of similar kind be made by Congress, these poor unfortu­ ington and throw odium npon this bill upon tile ground that they nate people will be compelled to depend upon privat,e charity or starve. alone will be benefited by it. Wily, sir, some of the very best pe.ople Mr. BLOUNT. I desire to ask the gentleman a question. I know have been impoverished !Jy recent events and to-clay are nu­ Mr. STEVENSON. I yie1d for the question. der the•necessity of asking charity at the bands of their friends. Mr. BLOUNT. The gentleman has e;tated, very properly, that Con­ Now, shall we l'Cfuse to grant this pitt.ance to them f Why, sir, I gress is tile government of this District. I concur with him in refer­ would rather to-day vote to give ·20,000 and sn.vehuman life than to ence to t.he apparent nece sity of this measure; I do not question witness to-morrow the cm·tege of some poor woman who had starved that; but as I understand tile provisions of the bill the property of the night before for the want of bread as she is borne off to her silent this District is not at all chargea.ble with this expense. In the po­ resting-place, or to visit some home of squalid wretchedness where lice of the District, in tile care of its health, in all municipal matters, some little inoffensive child had frozen to death fm.· want of covering it is supposed ane that an appropriation of this kind would perhaps terest on the $2~,000,000 of debt, or tho principal eit.her. not benefit a person of that sort. But there are many thousand. young Mr. BLOUNT. 'fherefore it is that we should like to know how and old men and women, children and grown persons, who are suffer­ much more, in addition to this $20,000, we will Ila.ve to give to the ing absolute want., who are upon the ver~e of starvation, and who people of this District. would be relieved by an appropriation of this kind. Mr. BUCKNER. There is a bill pending on that subject before the Now, sir, the Government of the United States cannot evade some House. degreQ of responsibility for this condition of things. The necessity Mr. STEVENSON. "Sufficient unto the day is the e>il thereof." wllich is resting upon the business people, anc.l more particularly upon Mr. BLOUNT. I know that. the industrial cJasses of this country, for the relief of adversity and Mr. BUCKNER. It is not for this Honse to pass the bill upon any suffering, is one which they share with the people a£ other nations. such idea as that a(lvanced by the gentleman from Georgia. vYo do not know to what cause we can attribute it. But certainly Mr. SINGLETON. Mr. Speaker, I have been somewhat surprised there is something due to these people and some respousiuility on the that my kind-hearted and amiable friend from Alabama should have part of the Government which we ought to consider, and which we made the opposition he has done to this bill. I do not think he is ought to recognize on the one side and on the other. 1877. CONGRESSIONAL RECOR.D-HOUSE. 1091 .•

There is not a single municipality in this country, not a city, not a This is not a new appropriation. I find that it has been the custom town that will not feel itself compelled to aid the suffering poor in for years to vote these appropriations to the poor of this District. I this inclement weather, who, through depression of business and dep­ find that in the Forty-second Congress an appropriation was made of rivation of employment are wit.hout the means of comfortable hous­ $12,000, and again in 1875 there was an appropriation of $20,000. It ing and even of food. And our situn,tion is just exactly like each one seems to me therefore that it a little too late now in this emergency of these municipalities throughout the length and breadth of the In.nd. to raise any fine constitutional point in this matter of benevolence. This Congress is now acting as a municipal legislature. It is acting As the gentleman from ).Iassachnsetts [~fr. BA...~Ks] has well said, we for a municipality. It is not acting as a Congress. It is not at work are acting here as a merciful Legislature, and I know from a letter for the nation. It is discharging its duties to the suffering people of which I hold in my ha.nd, and written by a benevolent lady who has this municipality just exactly fLS every city, and every town is taking charge of one of the soup-houseii or bread-houses on Capitol Hill, that the same action in regard to the suffering poor of its own locality. tl1ere is here au emergency to-day for some help beyond that of pri­ We h!l.ve increased in a large degree this suffering on the part of in­ vate benevolenee. I do not overstate it, nor do I pretend to any ex­ dividuals and of families, because of tllat indispensable necessity for travagant-rhetoric when I say that in the very sight of this Capitol, the reduction of the expenses which has thrown many hundreds of upon this hill, men and women, old and yonng, have been crying for people suddenly and without any preparation for the future out of bread n.ud haYe been unable to get it; men have been seeking to bar­ employment. They cannot go away from the city. They cannot sup­ ter their muscles and sinews for work and bread and have been un­ port themselves here. They have been brought here by the Govern­ able to make the exch:mge. Following these kindly precedents to ment. Their families are here; their wives and their children are which I have referred, I will not now stick in the bark on any con­ here in many instances by the action of the Government; and we stitutional quest.ion. But I wonlcllike to see tbis money wisely and mnst relieve them if we have any consideration for the calls of hu­ fairly distribnted over tile entire city. I do not know in full the de­ manity or any proper regartl to the sense-of public duty. I hope, sir, tails of these benevolent provisions which have been made here for that this bill will be passed. the poor, but from a letter which I have here from a friend, a htdy Mr. STEVENSON. I yield two minutes to the gentleman from friend, written yesterday to my wife, and from the personal observa­ Alabama, [l\lr. CALDWELL. J . tion of that lady who visits around among the poor, I know that Mr. CALDWELL, of Alabama. I take the floor merely to return these arc not cases of sham benevolence. These destitute poor are my sincere thanks to the gentlemttn from Mississippi [Mr. SL~GLE­ not tramps who haYe beeudrawn into this District for the purpose of TON] for the kind words uttered in compliment to m.v·self, and to say livingupou the public Treasury or upon the public kindness; but men, in reply to his allusion to his friend who tra.veled down to D·tmas­ women, and children in utter nakedness, in fever, in sickness, in cus-- death, are now starving within sight of this Capitol, and the appeal Mr. SINGLETON. I said Jericho. comes here to us with strong emphasis to help them. I hope that all 1\fr.CALDWELL,ofAlabama. Well,Jericho; beitso. [Laughter.] technicalities will be forgotten and t.hat we shall make a generous I am as favorably inclined to the suffering poor as any man upon appropriation for this purpose. the floor of the House c.au be. But I beg leave to say to the gentle­ Mr. STEVENSON. I desire to say to the gentleman from New York man from Mississippi that my opposition to this bill arises from the that the bill provides that this money shall be distri lm ted in all por­ conviction that we have no right to take the money of tho whole tions of the city, no one portion of tile city or locality having an ad­ people to support a very small portion of the poverty-stricken people vantage over another. of the country. Mr. COX. I was about to offer an amendment to come in at the Mr. SINGLETON. Will the gentleman allow me one question 'f end of the second section, a proviso that in the distribution of this Mr. CALDWELL, of Alabama. Yes, sir. appropriation due regard shall be had to tb~ various societies, asso­ Mr. SINGLETON. Is it not a fact t.hat we have taken out.of the ciations, and sections of the District. I would like to put some stress hands of the citizens of the District of Columbia the power to legislate upon that and make it specific. for themselves and to rnako proper legislative provision for the poor f Mr. BUCKNER. I would say to the gentleman from New York Mr. CALDWELL, of Alabama. That is true. that there are organized committees of relief under the commlSsion­ Mr. SINGLETON. Other cities have that power which we have ers of the District scattered all over the District. taken from these people. ·we have to do all the legislation regulat­ Mr. COX. I know that Mr. Stickney's organization has some men ing these matters and have become to some extent, therefore, responsi­ working on ealaries, but the Jadies for whom I speak are giving their ble for the care of the poor. time to this work with·no reward except that which comes to their 1\fr. CALDWELL, of Al:l.bama.. I concede, Mr. Speaker, that it is hearts, and I have a surmise that the distribution from the commission­ our duty to legislate for this District; but, sir, when I call for the ers might be a little more equal. I have been requested to offer an reading of the report of the attorney, he tells us that the appropri­ amendment to make this matter a little more specific than the bill ations made here have brought into the capital city a population makes it, but I cannot do it in view of what the gentleman from Dli­ that are paupers and vagrants, ancl I insist, sir, that every appropri­ nois [Mt·. STEVENSON] has sa.id. ation we make will buj; increase thv.t population in the District. I Mr. STEVENSON. I now yield five minutes to the gentleman from would be glad, sir, to see relief brought to the worthy suffering of Pennsylvania, [Mr. KELLEY. J the country, but I would rather see it brought as the good people of 1.lr. KELLEY. I have several times voted and sometimes spoken the city are now endeavoring to bring it, by private charity, by act­ in favor of such a bill as this. It is no novelty, and I want to say to ive efforts on their part to relieve want. And I would commend to gentlemen who have constitutional scruples 1hat in the anti-war the gentleman from Mississippi the suggestion that it would be be~ter times when the strictest constrnction of the Constitution prevailed for him and better for me~ drawing our $5,000 as Congressmen, rather it wa.s found legal and constitutional to send foocl in a Government than put our hands into the public treasury and take $20,000 of the vessel to the starving people of Ireland. If in those days that was people's money to appropriate to those who will uot work-that it constitutional, it certainly cannot be unconstitutional for us to fee

The previous question was seconded and the main question ordered; gat.e of said t.axes, penalties, costs, and interest Any sm·plus recei\ed. from said and under the operation thereof the bill was ordered to be engrf"lssed sale over said aggreg:ate and the costs of the court, including tho commission of tho trustee, shall be pa1d to the person in equity entitled to receive it; and, on con· and read a third time; and being engrossed, it was accordingly read firmation of tho sale, the cow't shall canso to be issued to the purchaser a deerl the thircl time, and passed. which shall have tho effect to convey to said purchaser all tho right, title, anrl e11tato Mr. STEVENSON moved ·to reconsider the vote by which the bill of all persons whomsoever claiming an interest to sn.id property, except as herein­ was passed; and also moved that the motion to reconsider be laid on aft-er provid!:'d : .LI.nd provided also, That minors or other persons under legal dis­ ability be allowed one yl".ar after such minors coming to or being of full al!o, or the table. after the removal of such le2al disability, to redeem tho property so sold, or of which The latter motion was agreed to. the title has, as aforesaid, become vested in tho District of Columbia., from tho pur­ chaser or purchasers, his, her, or theit· heirs or a.~signs, or from tho Disb·ict of Co­ TA..~ BILL FOR THE DISTRICT. lumbia, on payment of the amount of purchase-monov so paid therefor, with 10 per Mr. NEAL, from the Committee for the District of Columbia, re­ cent. per annum interest thereon as aforesaid. aml all taxes ann as11e smcnts that have been paid thereon by ti.Jo purchaser, or his assigns, between the day of sale pm-ted as a substitute for House bill No. 4293 a bill (H. R. No. 455-i) aud the period of such redemption, 10 per cent. per annum interest on tho amount for the support of the go\rernment of the District of Colt'unbi:t for of such taxes and assessments, and also the value of improvements which may have the fiscal year ending Jlllie 30, 1878, :md for other purposes; which been made or erected on such property by the purchaser OI' by the District of Co­ was reall a first and second time. lumbm whilo tho same was in his, her. or their, Ol' its possesaion. SEc. 6. That the collector of taxes, immediately after he shall have made sale .1\fr. NEAL. I ask unanimous consent thn.t the reading of this of ~ny property .as aforesaid, shall tile with tho comptroller a written report., in on tire bill be dispensed with; I can explain its provisions in a few which ho shall g1ve a statement of tbo property adver-tised and the prnperty sold, words. to whom it was assessed, tho taxes due, to whom sol1l. the <~mount paid, the date Mr. HOLMAN. Let the bill be read. of sale, the cost thereof. and the surplus, if any,. anil tho lands so as a.fort•saitl sold t.o the District. .Any surplus remaining. after collection of taxes, penalties, and The bill was read, as follows : costs, O}l any real estate, shall be deposited. by the collector of taxes to the cre1lit Be it enacted, d!c., That for the support of the government of the District of Co­ of the surplm1 ftmd, t.o be paid oo tho owner or owners. or their legal representa­ lumbia for the fiscal year ending June 30, 1878, there shall be lev-ied upon all lands tives, in the same manner as other payments matlo by the District of Columbia. outside of the citie:; of W:tahington and Georgetown held and nsed solely for ag­ Sue. 7. That when the in11tallmentof one.half of the taxes on personal property so ricultural purposes a tax of $1 on each $lOU of the assessel.act. provided; aml therenponsaiu collect­ in any of said funds enumerated in said :J.pportionment ma.v be supplied from any or shall immediately proceed to advertise the same. b.v public notices posted in surplus in either of said funds so apport-ione77, and the other on8- where surh property shall be sold, the ln t pniJlication to boat least six clays bc­ bali of such tax shall become duo anlank to be provided for that purpose, aud tho amoLmt thus ascertained, aHcr l::t~, gi vinp: these cases prccetlenceo\er cu-:ren t business, decrea the sale of said prop- making the deductions provided for in this act, shall be entered upon the books for 1 0 0 taxation : Provided, That if any person, firm, or corporation, aumiuistra.tor, ex· ~{'!tr~~t8~~iCfo'J ~!~t~~e:nS~h~ ~~=t:~'f~~u~~~d~~1~t s~l: ;~:~~eb~ ~f~~h~ :a~: ccutor, guardian. or trustee, shall fail to make for furt.r-fivedays after tile til-st ad­ manner as of foreclosures, mortgages. or trust deeds in said court. No sale shall vertisement of the notico above required, aml rleliver to the a..."sessors, or oue of be ma.de, unless hy express ord::r of the court, for an amount less than the a~gre- them, the schedule of his or ita said property held in trust or otherwise, as in this 1877. CONGRESSIONAL RECORD-HOUSE. 1093 section providecl for, any one of sahl assessors shall, without delay from the best 1\Ir. HOLMAN. Since the gentleman from Missouri [Mr. BuCKl'ITER] information he can procure make an assessment against such person, firm, or cor­ showed me the amendment which he intenetl tor, !!llardian, or trustee, any one of said assessors may, from the best informa­ under his amemlment would hardly be sufficient to meet the require­ tion Re can procure, or by making such au examination of the personal property as may be -practio.1.ble, assess tl.Je same in such amount as to him may seem just; and ments of the common-school system of tilis city. I think it woul~ments theretofore made by them, an41 for the purposo of hearin"' and de­ as this District bears less taxation than any other city perhaps in the terminin~t any anrl all appeals from the Yalaatious theret~fore made u.v the~. Ea.ch country, taking into account all the elements of taxation, l think it assesssr shall, at the meetings of tho nsse ors as aforesaid, make full and detailed can well afford to bear a tax amply sufficient for the support of the reports of his acts as such assessor. And durin~ saiu pt)riod they shall have power to revise assessments theretofore made by thf'ru or an.v of them. or by their preue­ school system. Even with tho school tax at forty cents, the whole ceasors in oftice, appointell under the act of March 3, 1875, by either justly increas­ amount of taxation will be but $1.90 on 100, while $2.50 on $100 is ing or justly diminishing any particular assessment. Upon tho assessment so as about tilo minimum taxation borne by the people in other parts of aforC!:oaitl made and finally revisetl, the tax hcreinllefore J1rovided for shall be lev­ ied, anu the collector of mxes shall be in readiness t() receive payment of the same tile Union, even the most favored sections. on aml after the 1st day of Novemller, 1877. Said assessors, before entl'>rin;! upon I do not insist upon any excessive taxation; but the fact is now their duties, shall respectively take or subscribe an oath or affirmation, before a.ny apparent that we must support all the charities of this District. We otlkor authorized to administer oaths or affirmations in sai(l District, to faithfully are called upon annually to '1ppropriate large sums for educv.tional a.i.itl; mote the prosperity of tilis city, I do not think tile rate o£ taxation but such a essors shall proceed 'l'fitb all reasonable tliligence to complete such du­ ties. and their acts shall bo Y:tlid, as if performed within the'tinle fixecl thert~for. should be placed lower than that borne by the people of other sec­ SEc. 13. That the treasurer of the District upon receiving any moneys shall forth­ tions so as to throw an unreasonable burden upon tax-payers through­ with ?eposit the same in the Treasury of the United States; and said moneys thus out the country, compelling them to contribute largely to the support depos1teu shall be drawn from the Treasury of the United States only in such sums and at such times as tho same shall be aetna lly required, and only for the expendi· of public institutions in this District. I hope, therefore, that this t.ures authorized by la.w, and only upon wa.riants of the accountin~ officers of the change from thirty cents to forty cents will be made so as to insure a District anu is~ ned unuer the direction of the commissioners of the vistrict or their sufficient fund to support the common schoo1s of the District. successors in office. Mr. BUCKNER. It occurs to me that if the gentleman from Indi­ ::iEC. 14. That tbe twonty-thlrcl section of the act of tho Legislative Assomblv of HOLMAN] the District of Columbia entitle

Mr. BUCKNER. The valuation of the real estate of this District PETmOXS, ETC. as given by me is no doubt very high; I doubt whether it will reach The following petitions, &c., were presented at the Clerk's desk the figures I have given. under the rnle, and referred as stated: Mr. HOLMAN. I do not make a motion to amend; but I wish to By the SPEAKER: Memorial of the Legislature of Dakota Terri­ admonish my friend that if this school tax remains at thirty cents the tory, for the ratification of the agreement wit-h the Sioux Indians for people of this District, who I think would cheerfully bear a proper the cession of the Black Hills, to the Committee on Indian Affairs. tax for the support. of their common-school system, will have to come AI o, memorial of the American Medical Association, for the pub­ to Congress aml ask money out of the public Treasury to support their lication of the subject catalogue of the National Medical Library, to schools. the Committee on Printing. Mr. BUCKNER. I do not know bnt that Congress is in duty bound By Mr. ANDERSON: The petition of 37citizens of Hamilton County, to pay for the euucation of the children of their public servants in this Illinois, for cheap telegraphy, to the Committee on the Post-Office and District. Post-Roads. Mr. HOLMAN. I think the enlirrhtened citizens of this District By Mr. COCHRANE: The petition of H. B. Smithson, assignee, for would prefer to educate their children by paying their own proper compensation for quartermaster stores furnished the United Btates share ot taxation rather than tax the people of other sections for this .A:rmy, to the Committee on War Claims. purpose . By Mr. CROUNSE: The petition of E. S. Williams and otherR, of .Mr. NEAL. I demand the previous question upon the bill nnd Esteinn,, Nebraska, for cheap telegraphy, to the Committee on the pending amendments. Post-Office and Post-Roalls. The previous question was seconded and the main question ordered; Also, the petition of L. T. Hill and others, of Nebraska, of similar and under the operation thereof the amendment of Mr. BUCK..'rnR to import, to the same committee. the substitute of Mr. NEAL was agreed to; and the substitute, as By Mr. DUNNELL: The pt'tition of D. F. Crane and 26 other citi­ amended, was adopted. zens of Minnesota, of similar import, t.o the same committee. The bill, as amended, was ordered to be engrossed and read a third By Mr. l!,OSTER: The petition of citizens of Ohio, of similar im­ time ; and it was accordingly read the third time, and passed. port, to the same committee. Mr. BUCKNER moved to reconsider t.he vote by which the bill was Also, the petition of citizens of Ohio, that pensioners receive pen­ passed; and also moved that the motion to reconsider be laid Qn the sions from the date of their discharge from the Army, to the Commit­ table. · tee ou Invalid Pensions. The latter motion was agreed to. lly Mr. HARDENBERGH: The petition of citizens of New York, for the passage of the electoral bill, to the committee ou counting the COUNTING THE ELECTORAL VOTE. electoral votes. Mr. BUCKNER. I yield a moment to my friend from Ohio, [Mr. Also, the petition of citizens of New Jersey, of similar import., to PAYNE.] the same committe.e. Mr. PAYNE. I understand that thero is at the Clerk's desk ames­ By Mr. HARRIS, of Virginia: The petition of William Lally and sage from the Senate announcing the approval by the President of others, of Virginia, for cheap telegraphy, to the Committee on the Post­ the bill to proviue for counting the electoral vote. I ru:k that t!Je Office and Post-Roads. message be read. By Mr. HENDEE: The petition of John H. Fay and others, of Wil­ A message from the Senate was read announcing that the President liston, Vermont, of similar report, to the same committee.,.., had returned to the Senate with his approval the bill (S. No. 1153) to Also, the petition of Cerini Holcomb, for a change in the pension provide for and regulate the counting of the electoral >otes for Presi­ law approved March 3, 1o73, to the Committee on Invalid Pensions. dent and Vice-Pr&~ideut, and the decision of questions that may arise B.v Mr. llUNTON: The petition of l\L L. Gager, for compensation thereon, for the term commencing March 4, A. D. 1877. for lumber seizeu at the Memphis navy-yard by United States authori­ Mr. PAYNE. I wish to give notice that on to-morrow, the 30th in­ ties in 1863, to the Committee on Naval Affairs . . stant, at one o'clock p. m., I will moYe that ilie House proceed to ap­ Also, the pe+ition of 0. F. Bresee, to be re-imbursed the amount point five members of the commission, a provided in section 2 of an rea1ized from the sale bv the United States authorities of the vessels act entitled "An a-ct to provide for and regulate the counting of votes Sally McGhee and Amy' Warwick and their car~oes, seized and solu for President and Vice-President, and the decision of questions aris­ in 1861 as prizes, to the Committee on the Judiciary. ing thereon, for the term commencing March 4, A. D. 11;77." By Mr. KASSON: The petition of citizens of !owa, for cheap teleg­

. APPROPRIATIO~S FOR TH:Z DISTRICT. raphy, to the Committee on the Post-Office and Post-Roads. By Mr. LEAVENWORTH: The petition of E. H. Underhill and oth­ Mr. HOLMAN. The gentleman from Uissouri [Mr. B"GCK~ER] ers, of New York, for the passage of the electoral bill, to the com­ yields to rue a moment t!Jat I may ma.ke a statement. I am tol<.l by mittee on countinrr the electoral vote. the gentleman from Missouri [Mr. WELLS] that according to his rec­ By Mr. McFARLAND: The petition of John G. Easby and 28 other ollection the amount set apart for this District for the present fiscal citizens of Grainger County, Tennessee, for cheap telegraphy, to t!Je year was something over 290,000, instead of '370,000. It is very Committee 011 the Post-Office and Post-Roads. likely the gentleman from :Missouri is correct. I think it proper to By Mr. NEAL: The petition of John Shelton and 73 other citizens make this statement, as I might readily be mistaken in reference to of Adams County, Ohio, that pensioners be paid arrears of pen ion a matter occurring some months since. from the date of their discharge, to the Committee on Invalid Pensions. Mr. BUCKNER. I now yield to my collengue on the committee By Mr. OLIVER: Five petitions, signed by F. J. Gay and others from Vermont [Mr. HE~DEE] to submit reports from the Committee R. Heffelfinger and othe.rs, G.l\I. Wells and others, C. E. Robinson .for the Dist.rict of Columbia. and others, and Richard Plumbe and others, citizens of Iowa, for, Mr. O'NEILL. I move the House do now adjourn. cheap telegraphy, to the Committee on the Post-Office and Post-Roads. The SPEAKER p1·o tempm·e. Pending that, by unanimous consent, By Mr. .POTTER: 'fhe petition of W. S. Chamberlain and 5H other the Chair will present some requests. citize11s of .Michigan, of similar import, to the same committee. JOHN KELLY. Also, the petition of l\1. H. Nye and 50 other citizens of Michigan, On motion of Mr. HA.RRIS, of Virginia, by unanimous consent, for a repeal of unjust limitations in regard to pensions, to the Com­ leave was granted for the withdl'awa.l from the files of the House of mittee on Invalid Pt-nsious. the papers in the claim of John Kelly. By Mr. RUSK: The petition of citizens of Pierce County, Wiscon­ sin, of similar import, to the same committee. JOH:'i PLUNKET. By Mr. SPRINGER: Two petitions, signed by H. H. Sharp and On motion of Mr. WADDELL, by unanimous consent, leave was other citizens of Sharpsl>urgh, Illinois, and A. E. lloyd and other citi­ granted for the withdrawal from tho files of tho House of the papers zens of Christian County, Illinois, for cheap telegraphy, to the Com­ in the case of John Plunket. mittee on the Post-Office aml Post-Roa