1877. . . CONGRESSIONAL RECORD-HOUSE . 771 finding out what is the vote that you are to count, and compelling ent power that is talked about vested in him by the Constitution as yon, as it does courts, presidents, everybody, to follow the judgment being the supreme judge only in the presence of indifferent witnesses of whatever tribunal should have ascertained that fact for you, be­ who have no more right to interfere than a witness in court has with cause it is only an act which you a.re to tlo, not a decision that you the proceeding of the judge, would they have done thatT 1 do not are to render. think that the idea ever entered their heads. Anti as you sweep along But, as I have said, I only intended on this occasion to explain in down through the course of time of cases when there was no contest as brief a way as I could exactly what the bill is and in a general or dispute, but the merely formal readirig and counting of papers, way the grounds upon which it rests. The illustrations that might it is of very little consequence to inquire whether the President of be still further made to show that this deciding power of which I the Senate read and counted them, or whether the tellers read and am speaking does not rest wit.h yon, and as I think to show equally counted them. or whether nobody read and counted them, so that you that it does not rest with either House of Congress until Congress got at what everybody knew beforehand was the result. But when­ provides a law that allows it to rest there, are so numerous that the ever and on the first occasion that any question arbse as to what was whole day might be spent upon them. the constitutional vote of a State, tJither arising from ineligibility or ; There is one other topic which I will only just allude to at this pl'es­ other question about its electors or from the condition of the State ent time, which of course bears upon it, and that is, what is called the itself, (which is exactly the same thing, for there the question is, is contemporaneous construction of the Constitution in snch cases. It it the \Ote of a State, and that involves not only the eligibility of '!Ia-s been said by many persons, and it appears to be largely believed, the elector, the day of the meeting, or the existence of the State, or if you can take the statements of newspapers, that for a great many the pursuit of the State law-it involve& one as much as the other,) years the occupant of your chair ·has, with the acquiescence of every­ you :find that the President of the Senate never hinted on the face l>ody, so construed the Constitution; and so it is implied that that of the earth that he had such a power, and that each Honse in the ab­ must be the true construction of the Constitution in the present case, sence of legislation assumed-I think there is great doubt about the because for so many years or until a few years back, fifteen or twenty correctness of their assumption-but they did assume, either by the or whatever the time may be, it had always been done. If that were expression of their judgment or by the dictates of their command, true, it would be entitled to weight in the consideration of this ques­ to determine wbat should be done. tion, perhaps to great weight; but a material inquiry, aa it is with So, then, Mr. President, it cannot be.maintained that this bill is un-­ all cases of precedent, is to know whether it is trne to begin with. constitutional upon tho ground that it takes away from thePresident

1 Now I deny emphatically that that is the history of the practice of the Senate or the House of Representatives a power which the under the Constitution ; and when I say that I do not mean to say Constitution has vested in them free from limit, and free from guide, that the President of the Senate has not counted the votes in the and free from regulation, to be exercised according t.o their own opin- arithmetical sense, although I suppose as a matter of fact that from ion of what may be the public propriety of the occasion. , the time of John Langdon to Schuyler Colfax the President of the Having said so much, Mr. President, for the present I dismiss the Senate never counted one of them. I will take it for granted that as subject, in the hope that the Senate will carefully consider whether a matter of law he did do the enumeration, although I suppose as a it is wise, by stimulating doubts in their own minils, or by allowing matter of truth in e\ery instance the tellers who sat at the Clerk's their wishes to outrun their judgment, to send this Republic on the desk did all the counting. What did take place for the first forty first Thursday in February, or the second Wednesday in that month, years of the Republic T There never was an instance in which a paper like the mountains that the poet haa spoken of that were coming from a State under its great seal and certified by its governor Toppling evermore as to who had been elected electors, or the certificate of the electors Into seas without a. shore, themselves as to how they had voted, was ever drawn into question; and the thing that the President of the Senate had to deal with was or whether it is better that in the fair course of equal law a dispute exactly the sort of thing that you had to deal with when yesterday shall be justly settled. · · you laid before os, under the great seal of the State of Maine, the Mr. WRIGHT. I move that the Senate now adjourn. credentials of a Senator, a public act of that great State in a con­ Mr. CONKLING. I ask the Senator to withdraw that motion, if dition of peace and order, with only one government or pretended he will, and let me move that the Senate proceed to the consideration government, with only one seal, and with the universal acquiescence of executive business. of all parties, althontzh it is full of parties. The reign of law had .Mr. WRIGHT. Very well. produced a result and there was nothing for yon to decide, if you Mr. CONKLING. I make that motion. had the power of decision ; all that you had was to do ; for the act of The motion was a~reed to; and the Senate proceeded to the con­ 1866 says that the governor of the State shall certify to the President sideration of execut1ve business. .After fifteen minutes syent in ex~ of the Senate who has been elected. Suppose you were to assume on ecutive session the doors were re-opened, and (at two o clock and such a set of papers as that that you had the right to decide whether fifty-five minutes p.m.) the Se~ate adjourned. that was the certificate of the governor-and the Constitution says pretty much the same thing in this case-would you eYer think of doing such a thing! I rather think not. .. But that is.a little off what I was saying about the precedents. On the :first occasion when, in the language of the suggestion of the con­ HOUSE OF REPRESENTATIVES. stitutional convention in order to put the Government into force, the eiectors were recommended to send their certificates, not to the Presi­ SATURDAY, J_anuary 20, 1877. dent of the Senate as the Const.itution in explicit terms says, but to The House met at twelve o'clock m. Prayer by the Chaplain, Rev. the Secretary of the United States, and that the Senate, not yet hav­ I. L. TOWNSE~'D. ing a Vice.-President, not yet having a constitutional President, for The Journal of yesterday was read and approved. the Constitution says ilhat the Vice-President shall be the President of the Senate and it is only in his absence that a President pro tern­ J. M. MICOW. pore is to be appoint-ed, a President of the Senate shoultl be appointed On motion of Mr. WILLIAMS, of Alabama, by unanimous consent, for the sole purpose of opening and counting, as the words aro, the the bill (S. No. 109) for the relief of the estate of J. M. Micow, of electoral votes. What did it mean f Is there anybody who hears me the State of Alabama, was taken from the Speakeis table, read a first who believes that that constitutional convention by those words in­ and second time, referred to the Committee on Military Affairs, and tended to command the President of the Senate elected for the sole ordered to be printed. purpose of counting to enter into or have a right to enter into an REVISION OF THE LAWS. inquiry as to what States had ratified the Constitution, which inquiry should bind anybodyT Suppose the Senate differed with Mr. John Mr. DURHAM, by unanimonB consent, from the Committee on the Langdon, suppose he had said when the papers all came in "There Revision of the Laws, reported back the bill (H. R. No. 3156) to per­ is one from Rhode Island," that had not yet ratified the Constitution, fect the revision of the statutes of the United States, with amend­ as we know historically; suppose there was a vote from Rhode Island ments by the Senate, and moved that the House non-concur in the for somebody and Mr. Langdon had undertaken to say, "Certainly, I Senate amendments and request a committee of conference on the take the vote of Rhode Island, she is in the Union," do you suppose disagreein~ votes of the two Houses. there was a single Senator present who, as the sayin~ is, would have The motwn wa8 agreed to. submitted to it for a moment f The Constitution said that the votes Mr. DURHAM moved to reconsider the vote by which the House should be counted. The constitutional convention asked the Senate, non-concurred in the Senate amendments and requested a committee as it (lid, to appoint him for the purpose of counting the votes. It did of conference; and also moved that the motion to reconsider be laid not appoint him for the purpose of judging votes. If it had, it would on the table. have said so. That was the first instance . The latter motion was agreed to. . But if you are to give the language its broadest possible interpre­ RESUMPTION OF SPECIE PAYMENTS. tation, fill it with all the hopes and wishes of the five millions of people who wish as I do, what would you find f You would find that Mr. llE:HDEE, by unanimous consent, presented a joint resolution on that very day each House of Congress ·oy d t•esolution of its own of the Legislature of the State of Vermont, asking for an early re­ provided for the manner in which he should pronounce that result, sumption of specie payments; which was referred to the Committee and commanded him in what form he should make it known to the on Bankin,O' and Currency, and ordered to be printed. persons whom they said he should send information to that they had Mr. HENDEE. I ask that, by unanimous consent, the joint resolu­ been elected, and he obeyed the command. If he bad this indepen~- tion may be printed in the RECORD. CONGRESSIONAL RECORD-HOUSE. JANUARY 20,

There was no objection. The joint resolution is as follows: United States courts in and for the district of California, a bill (H. .A joint resolution ior an early resumption of specie payments. R. No. 4476) to provide for the appointment of an official short-hand Whereas the act of Congress which made greenbacks a legal temlor in place of reporter for the United States courts in anJ for the district of Cal­ coin was cheerfully submitted to as a measure of necessity, to preserve the na­ ifornia; which was read a first and second time. The bill reported tional llle ; as a substitute was read, as follows: And whereas eJewn years have clap ed since the close of the wa. .. , which have been years oi extra.'\"agance and rp-eat indebtednesR, both public and private, pro· .A. bill to provide for the appointment of an official short-band reporter for the rooted in a large measure by our 1n'Cdeeruable paper cnn-ency: Therefore, United States courts in and for the district of California. Resolved by the senate and house of representatives, 'i'hat the present time, when Be it enacted by the Senate and House of Representatives of the United Staf.es of business is depressed, while the values of all kinds of commodities arc low and lar~e America in Oongress assembled, That the circuitjnstico of the ninth judicial circuit amounts of currency are lying idle, while the balance of trade is in our favor and of the United States in and for the district of California shall havo authority to large amounts of gold are "flowing into our country from foreign countries, presents appoint a short-band reporter for the circuit court of said district, whose duty it n. favorable opportunity for the adoption of measures leading to tho resumption of shall be, under the direction of the court, to take in short-hand writing full notes specie payments. Thst we respectfully instructourSI'Dators and request our Repre­ of the oral testimony and other proceedings upon trials of issues of fact in said sentatives in Congress to use all honorable means to procure the enactment of such court, in any case in which both patties request it; and he sb.'lll file such notes mws at the next session, as, by a gradual reduction of the currency, a gradual ac­ with the clerk of the court. And such reports, when written out in long-band; cumulation of gold in the Un:fed States Treasury and in the national banks, and a sbn.ll be deemed to be prima facie a correct record of any proofs or proceedings 110 strict economy m the administration of lJUblic affairs, will make practicable a sure, taken, after being authenticated by the certificate of said reporter. eaay, and permanent resumption of speCie payments by the l st day of January, 1879. SEc. 2. That the official reporter of the circuit court in and for the district of Resolud, That his excellenc~ the governor be requested to transmit to each of California shall be, ex ojficio, the short-hand reporter of the distdct court of said the Senators and Representatives in Conil'ess from this State a copy of the fore­ district. But should his services be required in both courts at t-he same time or going preamble and 1·esolution. should it be necessary for the dispatch of business, be may, with the consent of REDFIELD PROCTOR, the circuit and district judges, employ an assistant to aid biro in the discharge of President of the Senate. his duties. JOHN W. STEWART, SEc. 3. That the official reporter so appointed shall be skilleJ. in the practice of Speakr:r of the House of Representatives. his art, shall be an officer of the court., and hold office during good behavior and so STA'l'E OF VRRMO:iT, long as he efficiently discharge.~ the duties of his office. Before entering npon his Ojfice of Secretary of State : official duties he shall talte and subscribe the oath prescribed by section 1756 of the I, Geor~e Nichols, secretary of state of the State of Vennont, hereby certify tha.t Revised Statutes of the United States and also an oath to faithfully perform the the foregoing is a true cop~ of a joint resolution adopted by the General Assembly, duties of his office, which oath shall be filed as required by section 1759 of theRe­ at its biennial session, .A. D. 1876. vised St;a.tutes. In testimony whereof I have hereunto set my hand and affixed the seal of this SEc. 4. That the same fees which are now allowed by law to reporters of the dis­ office, at Montpelier, this 28th day of November, A. D. 1876. trict courts of said State in Sa.n Francisco shall be paid to the reporter appointed [sEAL.) GEORGE NICHOLS, by this act, and shall be paid by the parties and be chargeable in like manuer. Secret4ry of State. Mr. HOLMAN. It js not too late, I believe, to make the point of CONSTITUTIONAL AMENDJ\1ENT-WOMAN SUFFRAGE. order upon that bill. Mr. LANE, by unanimous consent, presented a petition of Lucinda The SPEAKER. The Chair thinks the point of order comes too F. Proebstel, Sara J. Riggs, E. P. Henderson, and others-204 men and late. 280 women-citizens of the State of Oregon, aaking for a sixteenth 1\!r. HOLMAN. Well after this I call for the'regu1ar order. amendment of the Constitution of the United Stat.es prohibiting the Mr. McCRARY. .Allow me to say to the gentleman from Indiana several States from disfranchising United States citizens on account for his information especially, that the bill provides for t.he employ­ of sex; which was referred to the Committee on the Judiciary. ment of a reporter only in cases where both parties request it, and the fees are to be paid by the parties, and not by the Government. WITHDRAWAL OF PAPERS. Mr. HOLMAN. There is no objection to that. Mr. WAlT. I ask unanimous consent to wghdraw from the files of Mr. LUTTRELL. This bill meets the approval of those inte.rested the Committee of Claims the papers in the case of Edward H. Wilson, in legal proceedings on the Pacific coast. for reference to the Court of Claims. The bill was ordered to be engrossed and read a third time ; and it The SPEAKER. Has an adverse report been made in that case f was accordingly read the third time, and passed. Mr. '\V .AlT. There has been no adverse report. Mr. McCRARY moved to reconsider t.he vote by which the bill was The SPEAKER .. Then, if there be no obJection, leave will be granted passed; and also moved that the motion to reconsider be laid on the for the withdrawal of the papers, copies being left. table. No objection was made, and the leave was granted. The latter motion was agreed to. DESTITUTE POOR OF THE DISTRICT OF COLUMBIA. PERSONAL EXPLANATION. Mr. SINGLETON, by unanimous consent, introduced a bill (H.' R. Mr. COCHRANE. I rise to a question of privilege. No. 4473) for the relief of the destitute poor of the District of Colum­ The SPEAKER. The gentleman will state it. bia; which was read a first and second time, referred to the Commit­ Mr. COCHRANE. I desire to make a correction of the RECORD of tee for the District of Columbia, and ordered to be printed. Thursday last. The gentleman from West Virginia [Mr. WILSON] DARIUS B. RANDALL. asked unanimous consent to take up and consider the bill H. R. No. l'l'Ir. FENN, by unanimous consent, introduced a bill (H. R. No. 4474) 1016, which bill was reported by myself as a member of the Commit­ for the payment of Darius B. Randall for certain improvements relin­ tee of Claims. It was discovered that the bill which was reported by quished by him to the United States for the use of the Nez Perce In­ the committee, and which contained the amendment "Strike out the dians; which was read a first and second time, referred to the Com­ words, 'with interest thereon from the 12th day of May, 1865,'" was not mittee on Indian .Affairs, and ordered to be printed. at the Clerk's desk, e.ome one having substituted a bill without such amendment. Now, it appears from the RECORD that the Speaker made WITHDRAWAL OF PAPERS. the following statement: l\1r. WILLIS. On behalf of the Committee on Naval .Affairs, I ask The Chair does not doubt that the amendment wa.s intended to be reportoo, but leave to withdraw from the files of the committee the memori::U of in some manner it has been omitted, and the Chair will therefore submit the Rear-Admiral R. N. Stembel, United States Navy. amendment to the House. No objection was made, and the leave was granted. In point of fact the amendment was reported, but the bill reported REMOVAL Oll' POLITICAL DISABILITIES. by the committee was mislaid or lost. The SPEAKER. The Chair desires to say that his statement at Mr. HARTRIDGE, by unanimous consent, introduced a bill (H. R. the time was correct. Subsequently the actual bill which the com­ No. 4475) removing the political disabilities of Joel S. Kennard, of mittee reported was found, and the amendment found accompany in,.,. Savannah, Georgia; which was read a first and second time. it; and the bill was engrossed from that bill subsequently fou.nd, and l\1r. HARTRIDGE. I will state that the bill is accompanied by the not from the uill read to the House. usual petif.ion. Mr. COCHRANE. I did not desire the RECORD to show that there Mr. HURLBUT. I ask for the reading of the petition. had been any neglect on the part of the committee, for there was no The Clerk read the petition, as follows: snell neglect. To the honorable the Senate and House of Repres_entatives of the United Staf.es: The SPEAKER. The Chair is further informed by the Clerk th:1t The petition of Joel S. Kennard, of Savannah, Georgia, respectfully shows that the matter appears on the Journal correctly. he was an officer in the Navy of the United States: tJiat on the 2'2d day of April, in the year 1861, he resigned his commission in said Navy, and entered into the serv· GREAT .AND LITTLE OSAGE INDIA.l~S. ice of the late Confederate States, whereby he incurred the political disabilities prescribed by the fourteenth amemlment to the Constitution of the United States; Mr. GOODIN by unanimous consent, introduced a bill (H. R. No. wWch di abilities he prays may be removed by your honorable bodies; and your petitioner will ever pray, &o. 44.77) to amend an act entitled " .An act to confirm to the Great n.nd J. S. KENNARD. Little Osage Indians a reservation in the Indian Territory," ap­ SAVA.l>NAH, GEOBGIA, January 15, 1877. proved June 15, 1872; which was read a first and second time, m­ The bill was then ordered to be engrossed and read a third time ; ferred to the Committee on Indian .Affairs, and ordered to be printed. and it was accordingly read the third time, and passed, two-thirds vot­ DENI\TIS M'CARTY. ing in favor thereof. Mr. GOODIN also, by unanimous consent, introduced a bill (Il. R. STF.NOGRAPIIER FOR THE IDUTED STATES COURTS FOR CALIFORNIA. No. 4478) granting arrears of pension to Dennis McCarty, late a pri­ Mr. McCRARY, by unanimous consent, from the Committee on the vate Company D, First Regiment Virginia Volunteers, in the Mex­ Judiciary, reported, as a substitute for the bill(H. R. No. 42-36) to pro­ ican war; which was read a first and second time, referred to the vide for the appointment of an official short-hand reporter for the Committee on Invalid Pensions, and ordered to be printed. 1877. CONGRESSIONAL RECORD-HOUSE. 773

ARCTIC DISCOVERIES. The SPEAKER. Then the Chair would think the gentleman from Mr. LYNDE, by unanimous consent, presented the following pre­ New York entitled to the remaining time of the gentleman from In­ amble and rcsol u tions; which were read a.nd 1·oferred to the Commit­ diana. tee on Appropriations: Mr. WILLIS. I speak in my own right and am entitled to my full CHAMBRR OF COMMERCE. hour. Mt'lwaukee, January 13, 1877. Mr. HURLBUT. The understanding was that whatever time I Wbereas this chamber bas-been and is now interested in matters of scientific chose to use might be nsed at a later stage of the debate. in~.ere.'it, and bas by iGRANT, his Private Secretary. Mr. WELLS, of Missouri. Does the Chair refuse to entertain the motion to postpone the special order for the purpose of going into JAMES C. BWABICK. Committee of the Whole T Mr. COWAN, by unanimous consent, ii:J.trodnced a bill (H. R. No. The SPEAKER. On the contrary, the Chair is trying to reach some 4479) granting a pension to James C. Swasick, of Ohio; which was way by which amicably that motion can be entertained. The Chair read a first and second time, referred to the Committee on Invalid believes that a majority of the Honse has the power tQ regulate its Pensions, and ordered to be printed. own business and the manner of its proceedings. ORDER OF BUSIJ\"ESS. Mr. ·wiLSON, of Iowa. If the gentleman from New York insists on proceeding, the motion to postpone would not be a privileged one Mr. HOLMAN. I call for the regular order. lllltil he yields the floor. The SPEAKER. The regular order of business is the report of the The SPEAKER. That is what the Chair thinks. select committee on the rights, duties, and privileges of the Housein Mr. WILSON, of Iowa. I think the Chair is correct. counting the electoral vote, and the resolutions which were reported Mr. HALE. Then we can get at the question at the end of the from that committee by the gentleman from Kentucky [Mr. KNoiT.] hour. Mr. WELLS, of Missouri. I move that the rules be suspended and Mr. WILLIS. I wish to inquire before I proceed whether I am con­ that the House now resolve itself int.o Committee of the Whole on fined to twenty minutes or whether I have a full hour! the state of the Union for the purpose of considering the Indian ap­ The SPEAKER. In view of the statement made by the gentleman propriation bill. from Maryland, [Mr. O'BRIEN,] the Chair would rule that the gentle­ The SPEAKER. The Chair would rule that the unfinished business man has hiR hour. is first in order. The Chair, however, wonld entertain a motion to Mr. HOLMAN. At the end of the hour of the gentleman from New lay aside the unfinished business, and, should that motion prevail, then York the qnestion of further consideration, as I understand, can be the motion of the gentleman from Missouri [Mr. WELLS] would be in raised. order even before the morning hour. The SPEAKER. The Chair has so ruled, .and would hold that the Mr. KASSON. I would ask the gentleman if he is not willing to let question of consideration could be raised now but for the fact that us have a morning hour, and then to make his motion immediately the gentleman from New York is on the floor and does not yield for after the close of the morning hour t We have not had a morning that purpose. hour for several days, and if we can have one at this time the House COUNTING THE ELECTORAL VOTE. might bo able to dispose of some committee business. Mr. KNOTI'. The gentleman from New York, [Mr. WILUs,] I be­ · The House resumed, as the unfinished business, th~ consideration lieve, is entitled to the floor on the regular order. of the following report of the committee to ascertain and report what Mr. HOLMAN. Does the Chair hold that a motion go into Com­ are the privileges, powers, and duties of the House of Representa­ mittee of the Whole on an appropriation bill is now in orcler f tives in counting the votes for President and Vice-President of the The SPEAKER. The Chair holds that the unfinished 'business first United States: • comes up after the reading of the Journal; but it is competent, if Resolved, First. TM.t the Constitution of tbe lJnited States does not confer upon any gentleman can secure the :floor with the consent of the gentle­ th.e President of the Senate the power to examine and ascertain the votes to ue con.nt-ed as the electoral votes for "dent and Vice-President of the United man entitled to the floor on the unfinished bnsiness, to move to lay States. the re~ular order of business a~ide. And then the motion to go into Second. That the only power which the Constitution of the United Sta.tes con­ Committee of the Whole on an appropriation bill will be in order fers upon the President of the Senate in respect to the electoral votes for Presi· even before the morning hour. dent and Vice-President of the United States is to receive the sealed lists trans­ mitted to him by the several electoml colleges, to keep the same safely, and to open 1\lr. WILLIS. I have-not yielded the floor for any motion to be all the certificates or those purporcing t{) be such in the presence of the Senate and made. the House of Representatives. Mr. HOLMAN. Then I would raise the question of the further Third. That tbe Constitution of the United States does confer upon the Senate consideration of this proposition at this time. and the House of Representatives the power to examine and ascertain the votes to be counted as the elect{)ral votes. The SPEAKER. The Chair would entertain that motion, if the Fourt-h. That in the execu+ion of their power in respect to the con.nting of the gentleman can obtain the floor for that purpose, for it ought to be electoral voto the Honse of Representatives is a.t least equal wit.b the Sana~. within the power of the majority of the Honse to regulate its business. Fifth. That in the counting of the elect{)ral votes, no vote can be counted against Mr. KNOTT. If the gentleman from New York [1\Ir. WILLIS] is en­ thojndgiilent and determination of the House of Representatives. Sixth. That the committee have leave to sit again and report hereafter further titled to the floor, can he be taken from it for the purpose of enter- matter for the consideration of the House. · taining such a motion T · The SPEAKER. The Chair is informed-and if he is mililinformed The pending question was npon the adoption of the following sub­ of course be will be corrected-thatthe gentleman from Illinois [Mr. stitute, submitted by Mr. BURCHARD, of Illinois, on behalf of the BURCHARD] did not flse all his hour, but yielded twenty minutes of minority of the committee : it to his colleagu~, [Mr. HcRLBUT,] who waived the use of it at the Resolved, First. That it is the power and duty of the House, conjointly with tl1e time. The present occupant of the chair was not in the chair at Senate, to provide bylaw or other constitutional method a. mode for fairly and truly ascertaining and properly counting the electoral vote for each State so' as to give that time. effect to the choice of each State in the election of President and Vice-President. Mr. HURLBUT. The facts of the case are these: My colleague Resolved, Second. That in the absence of legislative provision on the subjec~r [Mr. BURCHARD] yielded to me the remainder of his time. I did not authoritative direction from tho Senate and ifonse of Representatives, the Presi­ desire to use it then, but preferred that some gentleman on the other dent of tbe S e nat~, upon opening the certificates, declares and count..s the electoral side should first speak, as I proposed to antagonize these resolutions. votes for President and Vice-President of the United States. I therefore yielded the floo1· in order that the gentleman from New Mr. WILLIS. Mr. Speaker, we have bnt recently emerged from a York [Mr. WILLIS] might take it. contest in which forty millions of i_ntelligent, self-reliant people en- 774 CONGRESSIONAL RECORD-HOUSE. JANUARY 20, gaged with honest zeal, in ol;>edience to the forms and requirements where no violence occurred; sometimes, as in Florida, without any of law, to determine who for the four ensuing years ahould be Chief pretext whatever. where no justification is even claimed; sometime , Ma~istrate of the Republic. as in South Ca.rolina, for the pretended reason that the National Gov­ The Constitution contemplates, the spirit of our institutions re­ ernment had been called upon to secure to the people a republican quires that such determination shall be the free, unhampered choice form of government. Where no outbreak had occurred, the Army of the people, expressed by a majority of electors. has-shame-a shame human lips cannot express-upon its officers­ We have universal suffrage. No man is denied the elective fran­ overthrown republican government by stamping upon the mandates chise. No man is exempt from the responsibility which ita exercise of its highest courts. imposes. How imposing and sublime! A mighty people, respecting O, how American manhood is deb!lsed, how American soldiership conscience and manhood, participating in choice of rulers. This is sullied by the example of a Ruger I Unhappy Republic, when the spectacle mankind have witnessed all through our history, first with defenders of its people become their oppressors I This is no novel ex­ distrust, then with envy, and finally with an admiration so intense perience. Strange these soldiers have such poor memories I After that in our centennial year all the nations vied with each other in Sheridan had by his cold-blooded, heartless crime against the people yielding us unqualified praise and homage. I know not the man who of Louisiana oppressed the people with sadness and shame, provoking was base enough to breathe the thought that the laBt election would a feeling of wmthful re entment in the heart of every honest man, be exceptional in our experience; that when the election was con­ democrat or republican, the President in his annual message denounced cluded the result would not be acknowledged, business resumed, and the wrong and declared its commission to be without his authority. partisan hates and prejudices buried as heretofore; for no one be­ He evidently had learned a lesson from Coosar Borgia, who, after lieved a Coosar or aNapoleon breathed our free air. No one supposed conquering Romagna, appointed Ramiro d'Orco as governor and gave that even Grantism could ha;ve Mexicanized freemen. No one sup­ him limitless authority. He oppre ed the people by his baseness and posed a people who had proclaimed their independence in 1776, and cruelty; when Coosar'Borgia, who had instigated all, intent only upon afterward extorted it from a monarchy, then the most formidable on his t:!chemes, with a view of escaping the reproaches which were j nstly earth; who in a later struggle had vindicated their right to inde­ his due, caused Ramiro to be massacred in the market-place, before pendence by compelling t.he respect of the same power; who, yet the eyes of all the people. more recently still, in a supreme struggle for national life had over­ Our President did not massacre Sheridan, nor even cashier him, but mastered a rebellion more fierce, more resolute than was ever before he did not hesitate to do that which to a soldier of honor should be confronted, surely have not in the brief period of eight years become deemed a punishment more disgraceful than death. He made him the so poisoned and infected by bad government as to unlearn all their scorn of his countrymen. past, forget all their traditions, all the wise maxims and blessed mem­ In Ruger he found another Ramiro, and soon poor Ruger will be ories which, like brilliants of the Orient, glitter in almost every chap­ abandoned and disowned; at least so soon as the purposes of the Ex­ ter of our history. ecutive or of his party can be subserved thereby.. TILDEN'S ELECTION CONCEDED. The President then, to resume the narrative, issued an order, in The morning after election day almost every newspaper in the land language which justly iru!pired the whole people with pride and contained theintelligencethat SamuelJ.Tilden was the President-elect confidence, insisting that a fair count should be had and called upon of the United States. Democratic edit<>rials abounded with exultant certain gentlemen to proceed to New Orleans and elsewhere, and expressions of joy, hope, and thanksgiving. Republican editorials supervise the action of the returning board. were crowded with philosophic reflections counseling acquiescence The President assumed the boards were dishonest, or wherefore and submission. All, save ba-sest partisans, indulged in a sigh of have them watched t \Vhy shoot arrows at the stars t relief that the ordeal was over. American securities became buoyant ·Then, indeed, very many believed that the President, a man who and advanced in value. Confidence sprang into life. Joy and pros­ had carved through hostile legions a pathway to victory; whose perity were, seemingly, just ahead. brow had been laureled with glory by a grateful people; who bad been honored, even as he who wa.a :first in war, :first in peace, and first A CONSPIRACY. in the hearts of his countrymen, by a re-election as Chief Magistrate, But, gentlemen, when unprincipled party leaders recovered from the would in the hour of supreme peril have a proper consciousness of shock of their defeat they conjured up a fiend in their hearts. Auda­ duty, and once more place his countrymen under an obligation which cious assertions that Tilden had been defeated were made and per­ would cause him to be glorified in remembrance by after-genera­ sisted in. Though the people disbelieved, apprehension and distrust tions. They dared, in a moment when hope was in the ascendant, to came and with them a period of gloom and depression which veils us be oblivious of his political offenses and to think that he might agree­ in the black darkness of night. The people seized the meaning of ably disappoint the country by a-sserting an honorable manhood as these reckless asseft\ons. They knew by sad experience that the he did so unexpectedly before when he vetoed what was known as authors of them were men wholly wanting in scruples, wholly stran­ the inflation bill. By satisfying a hope so just the President could gers to honor. They knew instinctively that a conspiracy was de­ have climbed upon the heights of Olympus. He chose rather to de­ termined upon involving the overthrow of popular government by thn scend. inauguration of a defeated candidate as President. They know it to­ The committee then sent to those States, as I have remarked, re­ day, and ere long those plotters will realize the existence of a power fused to confer with political opponents who were therein the interest before which theii· conspiracy will break away aa do nnstab1e daiDB of justice; they encouraged the returning boards in their work of when overridden by a flood-a people terribly in earnest to avenge infamy; they gave the plotters to understand that the military arms their wrongs. of the Government was behind them and would sustain them in.any They who but a few weeks before declared that the South was a crime they might commit against a bleeding and oppressed people ; solid unit for Tilden and Hendricks now vociferously proclaim that they entered into conclave with conspirators, and so well assured South Carolina, Florida, and Louisiana have voted for Hayes. were they of the result alrea~y agreed upon that weeks before any ··why South Carolina, Florida, and Louisiana T- Palpably because adjudication upon the returns was had, and when they showed prima they ca-st just enough votes to give Hayes and Wheeler a majority of facie an acknowledged majority for Tilden electors, telegraphed over one in the electoral college. · the North that a given number of parishes would be thrown out suf­ Does any man, knowing the conspirators, familiar with their meth­ ficient to secure the electoral votes of those States for Hayes. Wltat ods and their desperation, doubt that, had it been necessary for their I have said everybody knows to be trne; every step taken by this purpose, they would have insisted just as emphatically that North election board, either through the Administration or it.s agents; gives Carolina or Mis~issippi, or both, had voted the same way! indubitable proof of a conspiracy to overthrow popular government. But those two States were sufficient for the end in view; they abounded in apt agencies, in men who could escape righteous retri­ NO SUBMISSION TO WRONG. bution only by a continuance of this administration in power. Elec­ Now, let it be understood, when I say the Amerio:m people will tion laws were in force there, enacted for the express purpose of per­ never submit to the overthrow of self-~overnment by conspirators. petuating their authority. Returning boards were there whose crimes, There lives not au honest, patriotic c1tizen, democrat or republican, already exposed and denounced by honest men of all parties, by the but would, if he could, suffer death a hundred times rather than be­ voice of honorable committees appointed by both Houses of Congress, hoM the wreck of liberty, wrought by a scoundrelly returning board, were such as to give assurance to their masters that they were equal upheld and spurred on by unwort.hy rulers. Such a conspiracy un­ to any infamy; even to that infamy which towers above all others, a.a der the auspices of a Coosar or a Napoleon might be borne, but sub­ does the giant peak above the surrounding earth: the murder of mission to a conspiracy nnder the auspices of a returning board com­ American liberty. They had a Chief Magistrate already practiced posed of scalawags and Federal officers would imply a moral degra­ iD assaults upon the rights of his countrymen, who had already caused dation disgraceful even in a South American republic. Anglo-Saxon every honest cheek to blush with shame and every honest heart to manhood will never fall to such a depth in ti\e world's scorn and throb with madness by the use of bayonet and cannon in suppressing contempt. the voice of the people. Could not the men who had perpetrated the This conspiracy has exposed the nation to a peril mightier than foul crime against Louisiana in 187 4 perpetrate anew the same crime any it has ever encountered. Jt bas aiders and abettors in every in 1876 f So they, instigators of this conspiracy, believed, and so branch of the Government. Foreign war means expenditure of blood they trusted not vainly. and treasure and the glory and shame consequent upon victory or Armies were hurriedly forwarded to the St.ates in question, with defeat. Rebellion meant a. Union saved or a divided Republic; in orders to sustain the criminal returning boards and uphold the totter­ either case liberty would not ~risb. To-day we are staggered by an ing wretches who misgovern and oppress their peoples; sent some­ unhallowed attempt to blight and destroy, utterly and forever, the times on a plP.a of suppressing domest.ic violence, as in Louisiana; divine right of the people t.o govern themselves. How to avert 1877. CONGRESSIONAL RECORD-HOUSE. 775 this peril,.how to rescue this people from a destiny the contempla­ they will overthrow the last vestige of carpet-bag rule on this con· tion of which curdles the blood ancl palsies the lips is the fearful tinent. problem to be solved, wisely, if a.t aJJ, by the sworn Representatives, Mr. Speaker, let us brush aside these questions, which are inci not of a party, but of a people. dental, but not vital, which bear upon the equities, but not the law THE DUTY OF CONGRESS. of the case. LOUISIANA. If we fall not far short of our obligations, the toils will be speedi1y As to Florida and South Carolina, though their electoral votes in broken ; the chains forged by conspirators will melt in the hot wrath fairness should, I believe, be counted for Tilden, I confess myself of tho people; it is our especial province to right every wrong, to not sufficiently familiar with the fa-cts to intelligently present a pursue every fraud, until ajust result is reached and self-government/ proper course of conduct for us to pursue t-oward those States. made triumphant. Some gentlemen seem to doubt our power, and to But as to Louisiana, there an issue is fairly presented. Tilden and regard with nonchalance the fraudulent manipulation of canvassers Hendricks electors had a certain honest majority of over 8,000. Are­ and returning boards, because they are State officers, subject only to turning board has arbitrarily set aside that majority and given cer­ State laws, beyond the reach of Federal interference or Federal author­ tificates to Hayes and Wheeler electors. Was such action legal f If ity. Such a sha.llow pretense cannot stand alone or be supported for not legal what is the remedy and bow to be applied f an instant I It only occurs to tpem as a convenience, as a dodge: Mr. Speaker, assuming that the returning board is possessed of It is belied by their own acts ! powers sovereign and unappealable, as is claimed by the visiting Why did Federal troops proceed to the State of South Carolina and committee and also by gentlemen in this House; that it can, at will, there, under the direction of an unprincipled and insignificant man reverse majorities, set popular opinion at defiance, and actually de­ by the name of Dennis, interfere with the organization of a State termine the choice of President and Vice-President, I think that no Legislature anu give moral support to Chamberlain and his confed­ one will have the hardihood to dispute that the exercise of such ter­ erates f rible powers sh.ould be confined within strictly defined limits; the law Why was a Federal judge dispatched there to spit upon the man­ granting it this authority should be strictly construed. One step dates of the highest State court and to give impunity to the men who outside the law and this acta are ultra vires, inconsequential and void. were in contempt for a disregard of its orders J Why were troops hurried to Florida to overawe democrats and en­ ILLEGAL CONSTITUTION OF THE RETURNING BOARD. courage fraud f Why were United States bayonets and cannon put I maintain that the returning board is illegally constituted; the at the service of unconscionable partisans; and why were they shel­ . essence of the law is that it should be unpartisan; the letter of the tered by United States authority t law requires it should consist of members belonging to both politi­ Why were partisans commissi~ned to go to Louisiana and else­ cal parties. This is a needful presumption. In every State where where, on the plea of securing an honest count and in consummating there is an approach to fairness, election officers are unpartisan ; gen­ a conspiracy f erally speaking, they are equally divided between the parties. Why all these things f I inquire if those counts were State mat­ Section 2, law No. 98, 1~~. provides: ters, with which the people had notbin~ to do f That five persons to be elected by the senate from all political Tllis reasoning was not employed unttl villainy had done its worst, parties shall be the returning officers for all elections in the State­ until the popular result in three States had been reversed by Federal and further-in case of any vacancy, such vacancy shall be filled by interference, Federal intimidation, and Federal support. Now you the residue of the board of returning officers. want to profit by the fraud, it becomes necessary to abandon old The board i.s unanimously repu~licau. Though there w~ a vacancy, tactics. You say a wrong done by the Federal Government, the Fed­ yet the remamder of the board dlSregarded the law and violated their eral Government cannot undo. oaths by refusing to fill the vacancy and select a democrat. To the winds with such false logic. You may urge the troops were There is no principle of law which can be invoked to legalize this sent to secure a republican form of Government. If no republican board. Its constitution is wholly unlawful and defeats the very pur­ form of government existed in these States, assuredly they could not pose of the act: a fair canvass and compilation. It of necessity pre­ participate in that sovereign duty which implies a free exercise of cludes all fairness, and in consequence all of its acts are illegal, and choice on the part of electors, the election of President and Vice­ we are bound out of respect to the people of that State to disregard President of the United States, and it follows their votes cannot be them altogether. counted. If republican government was not overthrown, the Army In New York the law provides that inspectors be appointed from had no business there, the rights of the people were invaded and both political parties. Imagine that provision disregarded and all the trampled upon without possible justification. inspectors appointed democrats. Would their a~ts command obedience In any case, the result of the elections in those States would not or respect f Would they be in any sense binding f N_o, sir; and fur­ have been reverseu but for the interposition of Federal authority. thermore the people of New York would not for an iust.ant tolerate What has been done by Federal authority will be undone by Federal such a gross and unwarrantable subversion of their rights. authority. This election law, construed by legal rules and maxima, means an The President is a mere agent of the people; the Constitution and unpartisan scrutiny and compilation of returns; construed by gentle· laws made pursuant thereto are together the letter of his authority. men on the other side, it means that it is a republican machine, made What be has done in the South is· outside of the Constitution, is in to order to keep that party eternally in power. defiance of the Constitution, and must be disowned and made of no I insist that laws in Louisiana must be construed by the same max­ effect by us. The product of this unconstitutional interference is, ims as laws elsewhere, subject to the same presumptions; and in that the people of the United States have had their will nullified and their view the Louisiana returning board is an illegal body, whose judg­ sovereignty usurped. Some justify the conduct of the Executive by ment should command no respect and whose findings are simply atro­ the assumption that those States are naturally republican. cious. .. • ILLEGAL ACTION OF RETURNil'W BOARD. . But further, Mr. Speaker, supposing the law had been complied with Distinguished party leaders have asserted that they will never per­ touching the requirement that it should comprise members of both mit the electoral vote of a State where negroes are in a majority to political parties, let us ascertain whether any validity can attach to be counted for Tilden and Hendricks. The same men who assert this ita declarations reversing a popular majority in favor of Tilden elect­ to-day before the election endeavored to rekindle the furious hates of ors exceeding eight thousand votes. It claims under section 3 of ibe a struggle te!.l years ago well ended, by the cry of a solid Soutll. act of 1872 that it has the right to reject and exclude votes from the Gentlemen, this will not do. Ten years of misrule and oppression compilation of returns, when- have brought starvation and sorrow to the freedmen! After examination, provided the said returning officers shall be convinced t.11at Wherever republican rule has obtained, chaos still presides-social said riot, tu.mult, acta of violence, intimidation, armed disturbance, bribery. or cor· oruer and security are unknown. · rupt influences did materially interfere with the purity and freedom of the election at such poll or voting-place, or did prevent a sUfficient nnmbt>r of the qualified Wherever virtue and intelligence have dominated over carpet-bag electors thereat from registering and voting to materially change the result of the rule, business has revived and peace reigns. election, then the said returning officers shall not canvass or compile tbe statement The colored men have been robbed of their earnings by fraudulent of tbe votes of euch poll or voting-place, but shall f'xclude it from their returns: Provided, That any person interested in said election by reason of bein,tr a candi· savings-banks; they have been stuffed with lying promises; they llave date for office shall be allowed a bearing befoce said returning officers upon making been deceived until deception no longer availeth. application within the time allowed for the forwarding of the returns of said elec· The negroes are intelligent beings. Why wonder, then, that they tion. · a.re undeceived T Why wonder that they prefer peace rather than But preliminarily it is declared, in the same statute, that such ac­ tumnlt; plenty rather than want; honest democrats rather than dis­ tion can be had only in hmo verba, we say- honest republicans; their old friends and masters rather than adven­ Whenever from any poll or voting-place there sball be received a statement of turers, who have proved to them devouring vultures. any supervisor of registration or commissioner of election, in foTID as required by Gentlemen, uo man iu this country detested slavery more than I; section 26 of this act, an affidavit of three or more citizens, of any rjot, tumult, acts l\O man welcomed the proclamation of emancipation more than I; and of violence, intimidation, armed disturbance, bribery, or corrupt influences, which therefore do I, for humanity's sake, protest against the attempt to prevented or tended to prevent a fair, free, and peaceable vote, not otherwise. bind the black man with chains more galling than those which, by Now, sir, here is a prerogative given to five men t-o review, and, God's providence, were snapped asunder in war. under certain circumstances, reverse, tl.Je result of a popular election ; '!'be colored men understand all this; they are turning away with a prerogative which has never been ext>rcised in a government pro­ a sense of loathsomeness from ibeir deceivers, and when t.he arm of fessedly' democratic, outside of the South under military rule, e:x.Obpt Federa.l power is withheld, under the auspices of a benigner ruleJ under Napoleon III, when he concluded to overthrow the French re· 776 CONGRESSIONAL RECORD-HOUSE. JANUARY 20, public and seize the reins of absolute power. Every fair-minded man Maine can console himself with the reflection that, after all, thepresi· will concur with me that when such a power is exercised it shoul<.l dent of the returning board was not born in the pine woods of his be in literal and rigid compliance with the letter of the statute and native State. with every condition therein expressed. I charge here, an examina­ REQffiREME.\"'TS OF THE LAW. tion of the case as presented by the visiting committee, in the interest Now, sir, the law is explicit; it requires by the terms of section 26 of. the returning board, will bear out the charge, that no foundation that the statement should constitute a part of the return itself, con­ was in any case laid which gave legal justification for throwing out taining all the facts upon which the charge is predicated and the ef­ the vote of any one parish. Here is what the statute says upon the fect of the violenc~ or intimidation charged ; the protests and state­ subject: ments must be attached by wax, paste, or other adhesive substance; Sxc. 26. Be it further enacted, cl:c., Thatinany:r,>arish, precinct, ward, city, or town and section 43 of the same statute requires such protests ancl state­ in which, during the time of registration or reVISion of registration, or on any da.y of election, there shall be any not, tumult, acts of violence, intimidation, and dis· ments to be sent in with returns within twenty-four hours after their turbance, hriberyor corruptinfluencesatanyplacewithin said parish, or at or near reception by the supervisor of registration. These provisions are any poll or voting-place or place of registration or revision of registration, which certainly plain enough. All the election machinery was in the bauds riot, tumult, acts of Yiolenct<, intimidation, and diSturbance, bribery, or corrupt in· of the republicans, republican supervisors and assistant supervisors flnences shall prevent, or tend to :r,>revent, a fuir, free, peaceable, and full vote of all the qualified electors of said pansh, precinct, ward, city, or town, it shall be the of election, republican constables ilJ. charge of the buxes. duty of the commissioners of election, if such riot, tumult, acts of violence, intimi­ .As a rule all the sheriffs, judges, and district attorneys were re­ datiOn, and disturbance, bribery, or corrupt influences occur on the day of election, publicans, and the commissioners of election were appointees of the or of the supervision of registration of the parish, if they occur during the time supervisors. The law gave these officials power to m.a.ke summary of registration or revision of registration, to make in duplicate and under oath a clear and full statement of all the facts relatin~ thereto, ann of the effect produced arrests; to disarm all electors; to close place8 where intoxicating by such riot, tumult, oots of violence, intimidat10n, and disturbance, bribery. or cor­ liquors were sold; it required complaints to be forwarded by the reg­ rupt influences in preventing a fuir, free, peooeable, and fnll registration or election, istration officers from time to time, if any intimidation was resorted and of the number of qualitied electors deterred by such riots, tumult, oots of vio­ lence, inti.midation, and disturbance, bribery or corrupt influences from registering to which interfered with the registration, to be completed by term8 or voting, which statement shaH also be corroborated under oath by three respecta­ of the statute ten days before the election; and if the story of Kel­ ble citizens, qualified electors of the parish. When such statement is made by a logg and his allies is to be believed, in all the parishes in contro­ commissioner of election or a supervisor of registration, he shall forward it in du­ versy the republicans vastly outnumbered the democrats, and there, plicate to the supE-rvisor of registration of the parish, if in the city of New Orleans, to the secretary of state, one copy of which, if made to the supervisor of registra. too, was the United States Army, which bull-dozers never ventured tion. shall be rorwardoo by him to the returning officers provtded for in section 2 to reRist, ready to aid when called upon in the enforcement of the of this act, when he makes the returns of election in his parish. His copy of said election laws. Therefore there is no room. for excuses and pretexts statement shall be so annexed to his returns of elections by paste, wax, or some ad­ that the laws could not be enforced. besi ve substance, that the same can be kept together, and the other copy the super­ If st.atements were not forwarded pursuant to law, the sole respon­ visor of registration shall deliver to the cl~rk of the court of his parish for the use of the district attorney. sibility is upon republican officials, who had ample power, and cer­ SEC. 43. Bt it further enacted, tfe., That immediately npon the close of the {lOlls tainly were not wanting in disposition. And yet there ha-s not been, on the day of election the commissioners of the election at each poll or voting·place there was not made, a single complaint that registration was inter­ shall proceed to count the votes as provided in section 13 of this oot, and after they shall have so counted the votes ani! made a list of the names of all the persons fered with or that violence occurred at any poll, in the manner pre­ voted for, and the offices for which they were >oted for, and the number of votes scribed by law. No statements were made in duplicate or otherwise, received by each, the number of ballots contained in the box, and the number re­ and attached by wax, paste, or other adhesive material, to the elec­ jected, and the reasons therefor, duplicates of such lists shall be made out, signed, tion returns as provided by law, and consequently, under the law, and sworn to by the commissioners of election of each poll, and such duplicate lists shall be delivered, one to the supervisor of registration of the parish, and one to there were no returns which the returning board bad a right to in­ the clerk of the district court of the _parish, and in the parish of Orleans to the sec­ vestigate or go behind. retary of state, by one or all of said commissioners in person, within twenty-four No gentleman who has examined the statute will controvert this, hours after the closing of the polls. that the intent of the law was that the statements as to intimidation It shall be the duty of the supervisors of re!dstratio,n, within twenty·four hours aft-er the receipt of all the returns for the dilferent polling-~looes, to consolidate or in~rference either with re~istrat. ion or election should be made such retums to be certified as correct by the clerk of the district court, and for­ out contemporaneously with the returns; that the 8npervisor and ward the consolidated returns with the originals received by him to the returning commissioners of election should act without concert or consultation, officers provided for in section 2 of this act, the said report and returns to be in­ closed in an envelope of strong paper or cloth, securely sealed, and forwarded by so that the officers of one voting-prednct would at the time be ignor­ mail. He shall forward a copy of any statement as to violence or disturbance bri­ ant of what had occurred in any other voting-precinct. It required all bery or corruption, or other offenses specified in section 26 of this oot, if any there statements to be made up and forwarded before the result in the State be, together with all memoranda and tally-lists used in making the count and state­ could be known or even conjectured. And yet not in a single instance ment of the votes. were complaints made out at the time and in the manner specified in I challenge, sir, any gentleman on the other side to point out a the law, and therefore the returning board never possessed the j urisdic­ solitary case where the law was complied with by the returning tion claimed to reject the returns of any parish; they violated their board as provided by sections 26 and 43. I challenge any·reference oaths when they did so. They could truthfully confess themseb;res, as to the case, as presented by the supporters of Mr. Hayes, which will Medea did: show compliance. Yon say, while condemning by implication the Our lips are sworn, but our minds are unsworn.. law aml the conduct of the returning board thereunder, this is a le­ gal result; it is an unappealable judgment. You insist upon the law, They wholly ignored both the letter and t.he intent of the law; the letter of the law. Well, you shall have it, but you will find it they permitted the returns to remain in the hands of supervisors gall-wood. We cannot impugn you as you do proceed ; proceed, there­ up to the very hour of the count still open and unsealed, to be filled fore, until you are as fond of law as Shylock was when, in his despair, with affidavits yet unwritten ; they kept matters in abeyance until he exclaimed," Give me the bare principal and let me go." the precise majority of Tilden and Hendricks electors, to wit, R,957, was known. • This is the same returning board precisely which had an' enga.ge­ Then the returning board and their advisors, whose bitter ancl re­ ment and performed in 1874; and here is what the honorable com­ lentless partisanship was never disguised, counseled toget,her, sur­ mittee, among whom was the distinguished member from Maine [Mr. veyed the :field, and ascertained precisely what was required to be FnYE] who eulogized with ecstatic phrase as the paragon of every done, how many voters would have to be dlsfra.nchised that the Hayes human excellence J.Madison Wells, said in relation to their conduct and Wheeler electors might be counted in. They gravely contemN in a. case precisely similar, in their report made February 23, 1875: plated the mode by which the mischief was to be wrought. They knew We are constrained to declare that the ootion of the returning board, on the whole, the extent to which the Chief Magistrate could be relied upon. They was arbitrary, unjust, and in our opinion illegal. were schooled in precisely the same villainies they found it now ne­ Also: cessary to practice and repeat. They boldly set to work. How they Upon this statute we are all clearly of opinion that the returning board has no did the work, and with whatTesult, although well known, I am about right to do anything except to canvass and compile the retnms whicli were lawfully to relate. made to them by local officers, except in ca-ses where they were a{) companied by thfl As they began, disregarding the law, so they continued unto the certificates of the supervisor or commissioner provided in tbe third section. In such cases the last sentence of that section shows that it was expected that they end. Their chiet work they did in secret. True, they invited commit­ would ordinarily exercise the grave. and delicate duty of investigating charges of tees from the North of five each, representing both parties, to attend riot, tumult, bribery, or corruptiQn on a hearing of the parties interested in th~ their meeting; but whenever a point was considered involving the office. It never could have been meant that this board, of its own motion, sitting in disfranchisement of a parish, they at once went into executive session, New Orleans, at a distance from the place of voting, and without notice, could decide the right of persons claiming to be elected. and there four republicans, so called, whose souls were reeking with * * * * * * * partisan hate and selfishness, devilishly contrived to cheat the people There is no ruore dangerous form of self-delusion than that which induces men of Louisiana, and so a-djudicate upon the returns as to annihilate an in high places of public trust to violate law, to redress or prevent what they deem honest majority of over 8,000 for Tilden, and give to Hayes a pre­ public wrongs. tended majority of more than 4,000. In all of which I heartily concur. And upon what proof! Nonewhateverbut byrejectingvotesupon I appeal now to those honorable witnesses to abate naught in their ex patte affidavits, drawn up generally in New Orleans by office-hold­ zeal for fair play; to frankly repeat to their deluded followers "that ers, which ignorant negroes were induced to sign with a. cross. Of they are constrained to declare the action of the returning board was course these persons could not read the affidavits, and the language arbitrary, unjust, and in their opinion illegal." Yield your party fealty was certainly not their own, and very generally such as they could "to your love of truth and your reverence for the sacred right of the not understand. The candidates interested had no fair opportunity people to govern themselves." The country will then forget and for­ to be heard; cross-examination was rarely allowed. None of the give the eulogy onJ. Madison Wells, and my honorable friend from methods for the investigation of truth which have been found neces- 1877. CONGRESSIONAL RECORD-HOUSE. 777 sary by experience and have the sanction of immemorialUBage were tion; it is not even a court; but a commission of special, limited ju­ employed. risdiction; no facts giving it jurisdiction, can be presumed. The The all-sufficient, self-righteousjudges of the returning board could maxim "Omnia prresu1nuntur ·rite esse acta" does not apply. As is said dispense with these appliances. They assumed the right to shape by Judge Holroyd in Rex VB. All Saints, 1 Mass. & Ryl, 608: the destiny of a Republic, to settle a question involving the rights All the facta which show the jurisdiction must be stated, and they must also be of forty millions of people, on ex pa1·te affidavits, full of opinions and proved. conjectures, without ahy legal force or effect, signed generally with In a court of general jurisdiction, power and authority shall be crosses, by parties ignorant of their contents; for there is no proof iniended, but inferior or limited courts are bound affirmatively to to the effect that they were even read to the affiants. What mock­ show jurisdiction. So, too, in snmmary proceedings, and more es­ ery of justice! And yet the decrees of this court are proclaime~ by pecially in proceedings before a commission authorized to act in spe­ republican statesmen as infallible! cial matters, where certain requirements have to be complied with, l!'ortunate judges, who rejoice in such eulogies, bestowed upon and then only in a certain mode, as in the case of the Louisiana re­ them while living, and that, too, by men who in 1874, after due re­ turning board; which requirements and mode are distinctly and spe­ flection, characterized action entirely similar, as ''arbitrary, unjust, cifical1y set forth in the statute, whereby the returning board was and in their opinion, illegal." Two years of Grantism has enlight itself created. ened their understanding and heightened their moral perception! This doctrine prevails, and this rule is enforced in all civilized Verily, the people were right when they ~eclared. by a popul3;r .ma­ count.Jj.es, as uniform decisions, made from time to time through the jority, which even the frands of South Carolina, Flonda,and Lomstana centuries, clearly attest. have not extinguished, that Tilden and reform had become a neces­ To dispel all doubt upon the question as to whether the action of sity which could no longer be deferred without danger to the Republic. the returning board is null and void, I will state this proposition, the Mr. Speaker, it happened, also, that supervisors of election with­ terms of which are such as to cover precisely the subject-matter of held returns, and the returning board declined sending for them; and controversy: why f Because no moneys bad been appropriated for such purpose; it In all cases in the courts, and especially in courts of inferior jurisdiction, where was determined to put the confederate House of Representatives to the authority to proceed is conferred by statute and where the manner of obtain. the blush by zeal for retrenchment; the cost required was seventy­ ing jurisdiction 18 provided by the statute, the mode of proceeding is mandatory five cents. Wonderful economy! Gentlemen, we are surpassed! But and must be strictly complied with or the proceeding will be utterly void. in such cases it invariably happened thatthereturnsshowedaheavy This proposition is lucidly discussed and laid down with emphasis democratic majority! How sublime, such economy! How disinter­ in numerous cases found in Potter's Dwarris on Statutes, page 224, ested such virtue! And yet, my distinguished friend from Maine edition of 1871; Corwin vs. Merritt, 3 Barbour, 341 ; Harrington VB. omitted to mention all this in his remarkable eulogy on the character The People, 6 Barbour, 607 ; The People VB. Common Council of of J. Madison Wells. Brooklyn, 2'2 Barbour, 405; Bloom VB. Burdick, 1 Hill, 130; People VB. I have succeeded, gentlemen, in establishing beyond the reach of Schermerhorn, 19 Barbour, 541 ; and many others of like import. controversy these propositions: The returning board did not possess general jurisdiction, even over First. That the returning board is illegally constituted in that all the subject of elections; its functions were prescribed specially and its members belong to the republican party, contrary to section 2, act limited by the teriDB of act No. 98, 1872, botmd up with laws of 1673, of 1872. page 15. It was bound to count and compile all votes found in the Second. That, waiving the illegal constitution of the board, it had returns, as provided by section 2 of the act of 1872, save as provided no right to reject the votes of any parish or to examine into the n sections 3, 26, and 43. legality of the votes of any palish, unless a statement had been made In view, then, of the legal proposition stated, sustained uniformly by supervisor or commissioner of election and attached to the election by authorities, it will require some audacity in endeavoring to justify return and forwarded within twenty-four hours after their reception, the action of the returning board in rejecting votes honestly cast suffi­ supported by testimony of three witnesses, to the effect that intimi­ cient in number to ·convert a Tilden majority of more than 8,000 into dation and violence bad been resorted to to such an extent as to ma­ a Hayes majority of more than 4,000. terially affect the result of the election. Third. That the returning board illegally assumed jurisdiction of FOIWER TREATMENT OF RETURNING BOARD BY CONGRESS. the disput-ed parishes without warrant of law, proceeded upon illegal This unspeakable infamy will never be indorsed by an American and unauthorized protests, based on fabricated ex pa1·te affidavits, Congress. It is unfair to assume that the Senate, any more than the refused interested candidates a fair hearing, and in so doing com­ House, will disregard in this respect the voice of the people, not of mitted a crime without parallel in its bold infamy. of Louisiana alone but of the whole conn try. In 1873 the perjured Admitting all contained in the affidavits, permitting every allega­ certificate of Kellogg, certifying a list of presidential electors, was in­ tion affecting the integrity of the democratic party in the State of dignantly disregaraed and ignored. In 1874 and 1875 his fraudulent Louisiana to stand, these propositions remain uncontroverted, and senatorial certificates were contemptuously spurned. Why should gentlemen on the other sidehaveneitherthe ingennitynortheaudacity not a certificate stained with perjury and fraud yet more devilish not to gainsay Oi' deny them. All we ask is that the judgment of are­ meet the same fate in 1877 f publican House of Representatives, solemnly pronounced after due I am not among those who believe that the sworn representatives investigation and reflection, be entered anew. The democratic party of the people, for the selfish purpose of inaugurating a member of a accepts it as their judgment and deems the matter res adjudicata. certain party as President, will in a crisis like the present, whilE\ the safety of the nation is jeopardized, cancel their declarations and CONDITION OJ.o' LOUISIANA A..lW THE CAUSES. their votes, made and given when partisan feeling was aboont and In parts of Louisiana society is in a deplorable condition. Repub­ their judgment disinterested. lican rule in that State has well-nigh brought upon the people the I have supreme faith in the House, in the Senate, in the people, blight of death. Oppression and extravagance have yieldecl a har­ most of all in the people, who, if all else fails, will, let what will be­ vest of crime. Lawless bands roam throughout her borders. White tide, see to it that the President of their choice is inaugurated on the men and black men have yielded to the contagion. Murders are fre­ 5th of March. quent, but I refuse to believe they have a political significance. If so, why were the proofs withl1eld before elections when it was known POWE& OF CONGRESS TO COUNT AND DETERMINE VALIDITY OF ELECTORAL VOTES. of all men that the Administration yearned for a pretext upon which As to the question on whom devolves the duty of counting the troops might be sent to that State and interfere. electoral vote and correcting wrong, fraud, or illegality, I apprehend AU reputable citizens there desired peace, and they recognized the there are few who are perplexed with doubt or uncertainty. The fact that their only safety consisted in a peaceable election, while the Constitution is fully adequate and sufficiently explicit for the pur­ only hope of Kellogg and Packard depended upon riot, murder, and pose of settling it satisfactorily. The clause governing this duty is confusion. in these words, found in section 1 of article 2 in the Constitution: Probably restraints were sometimes imposed upon voters; they are The President of the Senate shall, in the presence of the Senate and House of in every State more or less; but the election law of 1872 provided a Representatives, open all the certi.fl.cates and the votes shall then be counted. penalty. If such penalties were not enforced the criminality belongs The specific duty of the President of the Senate hi defined, "he to republican officials and is due to a neglect on their part of sworn shall, in the presence of the Senat-e and House of Representatives, duties. Restraints, however, have, as the proof stands, been more open all the certificates." Nothing beyond. Even the exercise of this frequPntly imposed upon democrats than upon republicans. power is subject to congressional inspection, supervision, and t.lirec­ All the crimes, all the disorders, all the woes which afflict Louisiana tion. proceed from a vicious government, conducted by adventurers and Mark the language, "in the presence of the Senate and House," not thieves, sust.ained by ignorance. The only remedy is a change of of the members of both Houses, but clearly both Houses, must meet rulers, to the end that the virtue, intelligen«;~e, and manhood of the together and be present at the opening of the certificates, with all State can come to the fore-front and control the government as in their officers, complete in organization, with clerks, sergeant-at-arms, Mississippi, and Arkansas, where the people are Georgia, Alabama, and all appurtenances necessary, ready to act severally in le~islative rejoicing in social security and a revival of business prosperity. capacities. Both Houses must appear and be present, not the mem­ Let me present briefly a purely legal reason why the action of the bers of both Houses. The direction amounts to an absolute mandate. returning board should be set aside and declared null and void. The President of the Senate has no right to open tho certificates un­ FACTS CONFERRING JURISDICTION UPOX RETUlli'>IXG BOARD CANXOT DE PRESUMED, less in such presence. A..'ID l\IUST BE AFFillMATIVELY SHOWN. "And the votes shall then be counted." How and by whom f Ao This returning board is not a court of general or original jurisdic- Congress sba.ll enact or direct. 778 CONGRESSIONAL RECORD-HOUSE. JANUARY 20,

POWER OF CONGRESS ~ LEGISLATE. This mere supposition was subsequently nullified by the learned Therewillnotbefoundonthisfloororelsewhereanybodypossessedof au thor himself, who in the same treatise distinctly holds that Congress bcnesty and intelligence who will seriously dispute the right or the bas power to legislate upon the subject. JJOWer of Congress to prescribe the mode whereby the President of Tile same honorable member attached great consequence to the fact tile Senate shall perform his duty in the premises, or the manner in that this certificate, to wit: which the vote shall be counted and declared, subject to constitu­ That * * * on the second Wednesday of February, A. D. 1801, the under­ written, Vice-President of t.be United SLates and President of the Senate, did. in tional provisions. Were not such right and power inherent in and the pres(:'.nce of the said Senate and House of Representatives, open all the certifi­ a necessary incident of the provision in question, all dispute would cates and count all the votes of the electors for President. * * "' be absolutely disposed of by the last clause of section 8, a;rticle 1, of In.witness whereof, I have hereunto 11et my hand and seal this 18th day of Feb­ the Constitution, that Congress shall have power "to rbake all laws ruary, 1801. which shall be necessary and proper in carrying into execution the THOMAS JEFFERSON. fGre~oing powers and all other powers vested by this Constituti.on in was signc<-1 respectively by Vice-President Adams and Vice-President the uovernment of the United States, or in any department or officer .Jefferson; but such certificates weigh nothing because directly con­ thereof." tradicted by the Journals of both Houses~ and can weigh nothing That there remains an open question regarding this electoral count, against the evident sense of two Houses as indicated by their uniform is not a fault to be imputed to the Constitution or to the unwisdom action. of its authors. It is due wholly to the failure of t.be National Leg­ The country now confronts a crisis the most momentous t-hat has islature to act. The advocates of all theories coincide in t.he ,j ndg­ occurred since the birth of our Government. ParLisanship is wrought me.nt that this power to legislate on this subject exists. Every bill to a pitch of fury. The wisest a,ncl most prudent of our citizens offered affecting this duty or power recognizes the right; the rules of deem the occasion fraught with supreme peril. In the Senate, the interpretation are unneeded, the constitutional text is unequivocal republican party has a majority. In the House, the democratic party nncl ample. Every joint resolution touching this question, either in­ has a majority. If fealty to party is stronger than love for country troduced o1· passed, affirms t.be existence of t.he power. revolut.ion is nigh. The proposit.ion that Congress has express power t,o legislate is out Now, where can be found the man, acting as a trustee for the peo­ of the domain of disc-ussion. ple, in sworn service, who will assert the monstrous purpose to set If this proposition be trne, it follows logically and necessarilyt.ha.t aside precedent, to ignore contemporaneous exposition, to strike down its exercise is dependent on the concurrent action of the two Houses land-marks, and resort t-o innovation! May the Iipij which utter such in their distinctive, separate capacities. treason be blistered. The very earth such a man tramples on, be pro- If Congress has the right. to constitute an agency t-o count the vote, fanes. · it certainly has the right, the original right and power as t.he source Is a republic less tolerable than a monarchy f In England, with­ of all authority, to exe~cise it within itself, a.nd in the absence of leg­ out a written constitution, liberty is safe, because the people tolerate islative provision, the power resides nowhere else save in Congress. the invasion of no custom which has t.he sanction of age, of wisdom, As Chief-Justice Marshall declared in Cohens t'8, Virginia, 6 Whea­ and of experience. Even the Magna Charta is but a collection of t-on, 418: maxims born of custom. The safest rule of interpretation will be found to look int.o the nature and objects Now, sir, suppose the Constitution silent, th;) -two Houses, bv vir­ of the particular powers, duties, and rights with all the lights and aids of contem­ tue of an unwritten law, which has been accepted and acted upon by poraneous history, and _give to the words of each jostsnch operation a.ud force, con­ all political parties, will exercise absolute ·control in determining sistent with their legitimate meaning, as may fairly secure and attain the ends upon the validity and legality of all votes; of ascertaining whether proposed. any are vitiated by fraud or for other cause, and fina,Uy: in declaring This power is expressed in clear phrase. The object was that each who is the duly electedPresidentof the Unit.ed States, provided there State in itself should: in such manner as tbe Legislature thereof might shall have been a President elected, and, if not, then to proceed with direct, choose presidential electors in number equal to the number of th~ election in t.he mode which the Constitution has provided. Senators and U.epresentatives. Mr. Speaker, that I may not be misapprehended, I insist that. aside The duty of ascertaining whether electors have been chosen pursu­ from the rule which custom has sanctioned, aside from the interpre­ ant to the Stat-e laws and the national Constitution is in Congress. t.ation contemporaneous with the Constitution, the express letter, There is no other department of Government, there is no other func­ the plain text of the Constitution invests Congress with the power to tionary, endowed with such power. That the States have a right to count votes and adjudicate upon their legality. But beyond the choose electors as their Legislat.ures direct, subject to constitutional rea,sons already urged there is yet another, which, if any doubt or restrictions, is a proposition universally accepted. But who is to de­ perplexity remained, would effectually determine the question. termine whether the State laws have been obeyed f Who is to deter­ mine whether the will of the people has been regarded t Where'there l!'l EMERGENCY, HOUSE TO ELECT-HOUSE JUDGE OF THE EII1ERGENCY. are two sets of electors who is to determine which set is valid t The Constitution declares, in the article which relates to the count­ If the postmasters or other officials holding positions of profit and ing of votes, that in the event of no election in tb('. coUege the Hoose trust under the UnitOpular will would be effective in either alternative. In the smooth seasons and the calma of life. Not now, as in 1800, when Jefferson and Burr received each a ma­ Mr. SEELYE obtained the floor. jority, to wit, 73 electoral votes, and John Adams 65, does there exist Mr. HOLMAN. I ask the gentleman from Massachusetts to yield the possibility which Madison deplored, of a minority candidate being to roe in order that I may move that the rules he suspended and the elected by the House. We are not threatened by what he termed a Honse resolve itself into Committee of the Whole on the state of the usurpation-a surreptitious intrusion; Tilden elecf;Qrs have a popular Union, so my colleague on the Committee of W.ay and Means [Mr. 780 CONGRESSIONAL RECORD-HOUSE. . JANUARY 20,

WELLS] may proceed with the consideration of tho Indian appro­ is disposed of. But perharps on the same day, I think on the same priation bHl. This will facilitate business very much. day, a motion under Rule 104 may be entertained; for it only requires Mr. SEELYE. I have no desire to speak except for the sake of ad­ a majorit.y vote to proceed to the consideration of business in Com­ dressing the House, but I certainly could not a.sk their attention if mittee of the Whole. llut if there is any difficulty on that point- they wish to gi·ve it to anything else. I am certainly willing to yield The SPEAKER. The gentleman from Indiana [Mr. HOLMANl tbe floor for the House to decide upon the question of the gentleman must see what confusion it would create in the public business, if the fro~ Indiana, [Mr. HOLMAN,] on condition that I retain the floor on House, while a-cting under a suspension of the rules, were to proceed this question when the discussion is resumed. to the consideration of other business. If it were to entertain another The SPEAKER. The gentleman from Massachusetts will be en­ motion before the disposition of that business to again suspend thb titled to the floor whenever the unfinished busine-ss comes up again. rules and go to something else, the business would get into inextri­ It will be necessary to lay aside the unfinished business to keep it in cable difficulty. . direct line of discussion. l{r. HOLMAN. Allow me to suggest, Mr. Speaker- Mr. HOLMAN. I wish to present a question of order. I wish to Mr. BRIGHT. I rise to a point of order. I submit that this debate call the attention of the House to what I understand to be the rule, is entirely out of order, there being no question before tho House in­ although I may be mistaken. It is this : Rule 145 provides- volving any necessity for it. No standin~ rule or order of the Honse shall be rescinded or changed without lli. HOLMAN. I move to lay aside the present business that the one day's notice being given of the motion therefor. gentleman from Missouri [Mr. WELLS] may make the motion he has * * " * * * * indicated. By Rule 104 a majority may, at any time, suspend the roles for the purpose of go. ing into Committee of the Whole on the state of the Union, and also for closinu The SPEAKER. If that be agreed to the Chair will recognize the debate therein; and by Rule 119 to make :my of the generalappropriation bills a gentleman from Massachusetts [Mr. SEELYE] when the unfinished special order. These are exceptions to this rule. business again comes np . I submit, Mr. Speaker, that the rule contemplates in the ca.se of an .Mr. SEELYE. Will the Chair permit me to inquire when in regu­ appropriation bill the importance of going into Committee of the lar order, provided the motion now pending before the House is as­ Whole and the necessity of t.he Chair recognizing the right to make sented to, this unfinished business would again come up Y that motion. It contemplates, in my judgment, that it may be enter­ The SPEAKER. Immediately after the disposition of the bill that tained by the Chair at any time. Indeed, the compiler of these rules tho gentleman from Missouri now proposes t-o bring up. The busi­ puts the words" majority" and" may at any time" in italics, as in­ ness on which the gentleman from Massachusetts has been recognized dicating the force of those words that the majority may at any time continues right along as unfinished business. suspend the rules and go into Committee of the Whole on the state Mr. SEELYE. Will it come up on Monday! of the Union. I make the point that under the rules it is in order The SPEAKER. It will come np to-day after the Indian appro- at any time to move to go into Committee of the Whole on the state priation bill is disposed of, if that bill shall be disposed of to-day. of the Union on an appropriation bill. Mr. SEELYE. And if not to-day, will it come up on Mondayf The SPEAKER. The Chair thinks it competent for the House at The SPEAKER. On Tuesday. any time to regulate the conduct of business, and whenever any gen­ Mr. SEELYE. It would pass over Mondayf tleman can be recognized for that purpose, then it is in order to make Mr. HOAR. Allow me to inquire of the Chair if it would not come the motion provided for in Rule 104. up on Monday after the morning hour, subject, however-- Mr. HOLMAN. The Chair now recognizes the gentleman from The SPEAKER. Subject to any one being taken off the floor by a Massachusetts, [Mr. SEELYE fl motion to suspend the rules. The SPEAKER. But the Chair thinks that a gentleman cannot be lli. HOAR. Not subject to any one being taken off the floor by mo­ taken off the floor by any other member for the purpose of making tion to suspend the rules provided the gentleman on the floor at the the motion provided for in that rule. time, in other words, provided my colleague, [Mr. SEELYE,] after the :Mr. HOLMAN. But if the gentleman voluntarily yields for that call of the States. on the expiratio?- of .the morning hour on Monday, motion! should be reco~ruzed to proceed with hl8 remarks. Then no motion to The SPEAKER. Undoubtedly he may do so. suspend the rules could be made while he holds the floor. Mr. SEELYE. I hope the gentleman from Indiana does not under­ The SPEAKER. The Chair thinks that on Monday a motion to stand me as raising any objection to his proposition. suspend the rules, which requires a two-thirds vote, ha-s preference Mr. HOLMAN. No, sir. of even a motion to suspend the rules which only requires a majorit.y Mr. BURCHARD, of Illinois. It is qttite unnecessary to raise the to go into Committee of the Whole on an appropriation bill. question of order at present. Mr. COX. Suppose the Chair should recognize the gentleman from The SPEAKER. If the pending business be laid aside, the Chair Massachusetts, could any member then take him off the floor to make will recognize the gentleman from Missouri [Mr. WELLS] to make the that motion to suspend the rules after the expiration of the morning motion indicated. hour on Monday t Mr. WELLS, of Missouri. I rise to move that the House now re­ Mr. WILSON, of Iowa. Certainly not; because he is speaking solve itself into Committee of the Whole for the purpose of consid­ under a suspension of the rules. ering the Indian appropriation bill. The SPEAKER. He is speaking already under a suspension· of the Mr. WILSON, of Iowa. Before the question of order is left, I de­ rules, and that is the point the Chair stated a moment ago, that a sire to call the attention of the gentleman from Indiana to this state­ motion to suspend the rules having· prevailed and business having ment on page 207 of the Digest : come before the Honse under that suspension, it is not open for any one to make a. motion to suspend the rules again. It is not in order to move a suspension of the rules while the House is acting under a suspension of the rules, unless connected with the business immediately be­ Mr. COX. The Chair is clearly right in that. fore the House; nor while considering a special order, it having been made under The SPEAKER. The Chair would say that the easy way to dispose a suspension of . the rules, unless connected with ths consideration of such special of the matter is for the gentleman from Massachusetts [Mr. SEELYE] order. to take the assurance of the Chair that when this business is finished The SPEAKER. The gentleman from Iowa is undoubtedly right he will again be recognized. in suggesting that the pending business should be laicl aside before Mr. SEELYE. I have no hesitation in taking that assurance. My the gentleman from Missouri can make his motion. The Chair sug­ only inquiry is a-s to when the matter will be likely to come up again, gested the propriety of laying a-side the unfinished business for the and whether its coming up on Monday would depend upon my taking present. 1lhefloor. Mr. WILSON, of Iowa. I read the statement in the Digest in re­ The SPEAKER. The impression of the Chair is that it would be ply to the gentleman from Indiana. interfered with on Monday, and that the gentl~man had better con­ Mr. HOLMAN. I wish it to be understood I do not yield the point clude that it will come up on Tuesday. I have made. Mr. HOAR. Is it not competent for the Honse now by nnantmous The SPEAKER. The Chair inclines to adhere to the judgment he consent to order that it shall come up on Monday after t.lle morning gave an hour ago upon this point. hourf Mr. HOLMAN. The Chair holds then that when the House is pro­ The SPEAKER. The House can do anything by unanimous con­ ceeding under a suspension of the rules ma-de on l\fonday, a motion sent. Tho Chair, however, is inclined, upon first thought, to doubt to suspend the rules to go into Committee of the Whole conld not be whether the House on Saturday can by unanimous cousent waive a entertained. proceeding on Monday, provided that proceeding shall be under a sus- The SPEAKER. The Chair believes this. that where the House is pension of the rules. · nctiug under a suspension of the rules it is not competent for the Mr. HURLBUT. Is not this tho case: if the motion prevails to post­ House to again suspend the rules; in other words, to duplicate the pone the pending matter, so long as the House is in Committ.ee of the suspension of the rules. Whole, when the House goes out of Committee of the Wholo the gen­ Mr. HOLMAN. That is undoubtedly the rule as to the same mo­ tleman from Massachusetts will have the floor f tion ; that is to say, a motion for the suspension of the rules by a The SPEAKER. The Chair has so decided, and the question is two-thirds vote. But the very use of these words "may at any upon the motion of the gentleman from Indiana tha~ the Honse re­ time" all through the rules as to going into Committee of the Whole solve itself into Committee of the Whole on the state of the Union. on the sta,te of the Union with a view to consider appropriation bills, Mr. WE.LLS, of Missouri. Pending that motion, I move that all is undoubtedly for the purpose of meeting this case. If a motion is general debate upon the Indian appropriation bill be limited to two made on Monday to suspend the rules to consider a given business, hours. certainly no ot-her motion to suspend the rules is in order until that The motion to limit debate was agreed to .. 1877. CONGRESSIONAL REOORD-HOUSE. 781

Mr. P .A.YNE. Before the !f.ouse goes into Committee of-the Whole, I do not know who is going to speak, I want to have tho hundred I desire to give notice that""! shall move on Tuesday, immediately and fourteenth rule, which controls the discussion of a special order after the reading of the Journal, that the report of the joint com­ in Committee of the Whole, read. mittee on the counting of the electoral votes for President and Vice­ The Clerk read the rule, as follows : President shall be made a special order for that day and Wednesday, 114. In Committ~e of the Whole on the state of the Union, the bills shall be taken with evening sessions. np and disposed of in their order on the Calendar; but when objection is made to The SPEAKER. The Chair desires to inform the gentleman from the consideration of a bill, a majority of the committee shall decide, with.out debatei whether it shall be taken up and disposed of, or laid aside: provided, that genera Ohio that be would be bound, notwithstanding this notice, to recog­ appropriation bills, and, in time of war, bills for raising men or money, and bills nize the gentleman from Massachusetts [Mr. SEELYE] on that day concerning a treaty of peace, shall be preferred to all other bills, at the discretion aft.er the morning hour. of the committee; and when demanded by any member, the question shall .first be , Mr. BURCHARD, of illinois. I desire the question to be tn.ken pnt in regard to them ; and all debate on special orllers shall be confined strictly to upon the motion to go into Committee of the Whole, so that the House the measure under consideration. may have an opportunity to vote between going into Committee of Mr. WELLS, of Missouri. I have no means of knowing what the the Whole or allowing the gentleman from Massachusetts to proceed. gentleman desires to speak upon. Mr. HOLMAN. I suggest to the gentleman that there is an imme­ Mr. WILSON, of Iowa. I do not know who is going to speak, but diate necessity for the passage of this bill now. I will insist that the rules shall be obj;erved. You took the gentleman • Mr. WILSON, of Iowa. Before the House votes on the motion to from .Massachusetts [Mr. SEELYE] off the floor in order to go into go into Committee of the Whole, I desire to know how much time is Committee of the Whole upon an appropriation bill, and I will ob­ to be allowed for general debate. ject to any political debate. Mr. HOLMAN. I understand that two hours are allowed for gen­ Mr. HOLMAN. It has already been decided by the House that there eral debate. shall be two hours for general debate. Mr. WILSON, of Iowa. That is, debate on political questions 7 Mr. WILSON, of Iowa. Yes, under the rule; and I have asked Mr. HOLl\-IAN. The gentleman from Missouri [Mr. WELLS] can that the rule upon the subject be read. answer that question better than I can. Mr. WILSHIRE then proceeded to address the committee, but, af- Mr. WILSON, of Iowa. I want to make the point that it is not ter a few sentences, was interrupted by fair t.o take the gentleman from Massachusetts off the floor and go lli. WILSON, of Iowa, who said: I rise to a point of order. into Committee of the Whole and have general deba.te. The CHAIRMAN. The gentleman will state his point of order. Mr. HOLMAN. I quite agree with the gentleman in that. 1\Ir. WILSON, of Iowa. I did not know who was going to speak, Mr. WILSON, of Iowa. 'fhere is a rule of the Houst\ upon the sub­ and I am glad that I raised the question when I did. Personally I ject under which I shall raise a point of order the moment any gen­ feel kindly toward the gentleman now on the floor, [Mr. WILSHIRE.] tleman attempts to speak upon questions not connected with the bill But we were told that it was necessary to go on with the considera­ itself. _ tion of the appropriation bills; the gentleman from Indiana [Mr. Mr. BURCHARD, of Illinois. I hope the gentleman from Massa­ HoLMAN] insisted that the public service demanded it. Yet it seems chusetts will be permitted to proceed. we are to have a speech similar to the one which we expected from The SPEAKER. The sense of the House can be tested. the gentleman from Massachusetts, [Mr. SEELYE,] who was taken Mr. HOLMAN. Allow me to suggest to the gentleman from Iowa from the floor. I ask the Chair to rule upon the point I have raised t.hat I understand the gentleman from Missouri [Mr. WELLS] is com­ under the rule which I have required to be read. • pelled, by order of the House, to allow a couple of hours for general 1\Ir. HOLMAN. I suggest that the practice has been so uniform debate upon this bill, and if those two hours are not occupied now it heretofore, in regard to general debate on these appropriation bills, is quite clear that we cannot get through the bill as speedily as it ought that the strict severity of the rule should not now be enforced. I to be done. · trust that it will not be pressed by the gentleman from Iowa [Mr. Mr. BURCHARD, of illinois. I do not see the necessity. WILSONl upon thia bill; we are to have only two hours' debate. Mr. DURHAM. Is it in order to move an amendment to the motion Mr. COX. I raise the point that it is too late for the gentleman to close debate so as to limit it to one hour 7 from Iowa [Mr. WILSON] now to make his point upon the gentleman The SPEAKER. The House has already decided to give two hours from Arkansas, [Mr. WILSHIRE.] to general rlebate. Mr. WILSON, of Iowa. Is it too late to make the point, as soon The question was taken on Mr. HoLMAN's motion; and on a divi­ as I learn what the gentleman is to speak about f I did make the sion there were-ayes 60, noes 51. point before he spoke a word. Mr. TOWNSEND, of New York. I call for the yeas and nays. Mr. COX. Let me say that it is altogether probable that the gen­ Mr. HOLMAN. Yes, if gentlemen opposite do not wish to go on tleman from Arkansas will speak directly to the bill before he gets with the appropriation bills, let us have a record on the subject. through. . Mr. KASSON. We can reconsider the vote by which the motion to Mr. WILSIDRE. I desire to say for the information of the gentle­ allow two hours for debate was agreed to. man from Iowa [Mr. WILSON] that it is quite probable that before Mr. WELLS, of Missouri. I trust not. I conclude I shall have something to say about Indian affairs. Mr. KASSON. That is the point of difficulty. We have no objec­ Mr. WILSON, of Iowa. The rule directs that debate upon a spe­ tion to going on with the appropriation bills, but if general debate is cial order shall be confined strictly to the sn bject under consideration. to go on, then certainly the gentleman from Massachusetts [Mr. Mr. WILSHIRE. I do not understand that t.he rule puts in the SEELYE] should be allowed to proceed. mouth of any gentleman the words he shall employ in conveying his Mr. HOLMAN. The gentleman knows that there have to be two ideas to this committee. hours for general debate on the bill, and the question is whether that Mr. KASSON. I think the practice heretofore has been that the debate shall take place to-day so that we may proceed with the bill Chair, on the readin~ of the rule, should state to the gentleman about and pass it Tuesday. to address the comm1ttee the fact that such a rule exists, and then it Mr. KlSSON. I do not know that any general debate is necessary is left to the discretion of that gentleman to apply his remarks to the on this appropriation bill, although I do know that it is necessary to bill under consideration. I think that has been the practice hereto­ pass the bill promptly. fore, and I suggest to my colleague [Mr. .WILSON] that it is not easy Mr. HOLMAN. I should be perfectly willing to proceed with the for the Chair to prescribe the form of speech. immediate consideration of the hill itself. The CHAIRMAN. The attention of the Chair hn.ving been called Mr. WELLS, of Missouri. It has been customary always to allow to the rule, the Chair is bound to enforce it, and to say to the gentle­ some general debate on the appropriation bills. man from Arkansas that under the rule he must confine his remarks Mr. SEELYE. May I be allowed to make the request that the to the subject of the bill under consideration. gentleman from New York [Mr. TowNSEND] will withdraw his call Mr. HOLMAN. I trust the gentleman from Iowa [Mr. WILSON] for the yeas and nays and let the vote stand as it has already been will waive his point of order for the present, inasmuch as it has not announcedf been customary to enforce the rule strictly on these appropriation Mr. TOWNSEND, of New York. In compliance with the wish of bills. I trust, however, the rule will be enforced hereafter, but I ask the gentlemn.n from Massachusetts, I withdraw the call for the yeas the gentleman to waive his point for the present. and nays. Mr. WILSOK, of Iowa. I have considered this matter very care­ So the motion of Mr. HoLMAN was agreed to. fully. I have no objection to· the gentleman from Arkansas [Mr. WILSHIRE] having his remarks printed in the RECORD, if he so desires. INDIAN APPROPRIATION BILL, But in consideration of the way in which this matter has come up, Tho House accordingly resolved itself into Committee of the Whole tho urgent request of my friend from Indiana [Mr. HOLMAN"] that the on the state of the Union, (Mr. HATCHER in the chair,) and proceeded House should proceed immediately to the consideration of the Indian to the consideration of the special order, being the bill (H. R. No. appropriation bill, and the further fact that the gentleman from Mas­ 4452) ma.kiug appropriations for the current and contingent expenses sachusetts [Mr. SEELYE] was taken from the &or for that purpose, I of the Indian De~artment, and for fulfilling treaty stipulations with cannot see how, with any degree of consistency, I can refrain from in- various Indian tribes, for the year ending J nne 30, 1878, and for other sisting upon the strict applict~.tion of the rule. • purposes. Mr. COX. How can the gentleman from Iowa [Mr. WILSON] tell Mr. ·wELLS, of 1\fissouri. I move to dispense with the first rea~ing what will be the drift of the speech of my friend from Arkansas, [Mr. of the bill. WILSHIREf] He is now speaking as it were in limine upon the Presi­ The motion was agreed to.· dential election. For all that we know he may comprehend all races Mr. WILSON, of Iowa. Before the debate commences and while and conditions of men in his consideration of that question. If his 782 CONGRESSIONAL RECORD-HOUSE. JANUARY 20,

mind is as comprehensive as I think it is, be will wind up by inclnd-1 which ru-gnment I find incorporated in the very admirable work of ing the red man. I hope that the gentlema,n from Arkansas, after ,Judge Cooley on Constitutional Limitations. the admonition of the Chair, will be allowed to proceed in order. Tho Clork read as follo\Ys: · l'tfr. WELLS, of Missouri. The gentleman from Arkansas applied What is a constitution, and what are its ohject.s i to me for a little timo when this bill should come up, saying that ho It~s easier to tell. ":hat it i~ not th!ln wha~i~ is. It is not tho b.cginn.ing o-f a com· would soon be obliged to leave for his horne in Arkansas on account !'lJU~:u~y. nor the ongm of pnm~ ~1ghts; 1t 18 not the foundation of law, nor the · · · f · h · t b · k ~nmp1entsta.teof government; Itlsnotthecansebutthoconsequenceofpersonal of sickness m blS amily, and e was anx.wus o su mit some remar 8 freedom; it grants no rights to the people, but is the creature of their power, the to the House. I trust that, under the cucumstances, the gentleman instTUment of their convenience. Designed for their protection in the enjoyment from Iowa will withdraw hi!:! objection. ?f.the rights 3nd powers which th~Y: possessed before the constitu~ion was made, Mr. WILSON of Iowa. If the gentleman from Arkansas wishes It IS but ~e ~-ame-wor~ of the ~olitica.l government, and necessa!'llY ha~ed urou · · ' · · · bl' d 1 f the pre-enstmg laws, n~hts, habits, and modes of thought. There 18 nothing pnm- t~ submit his remarks at .this t1m_e be.canse ~e IS o . tge to eave or itive in it; it is all derived from a known source. It presupposes an organized so- his borne on account of Sickness m h1s family, I Will for the present ciety, law, order, property, personal freedom, a love of political liberty, and enough withdraw my point of order. But I give notice that I will insist up- of cultivated intelligence to know how to guard it against the encroachments of on it and not wai~e it upon the next gentleman who undertakes to t~~tten constitution is in every instance a limitation upon the powerll of gov­ address the comnnt.tee. ernment in the hands of at election, and the will of tbe Nor, sir, am I one of those who would detract from the Constitu· voter recognized and regarded. This is the logical conclusion to be tiou of the United States the least of that high veneration we have all drawn from the theory of our Government. been taught to entertain for it; but I may be permitted to say that it Two questions are to be determined: First, what should the repre· must not be regarded as the charter of our liberties or the origin of sentatives of the people do in so great an emergency to produce a private rights. In support. of this view of the Constitution, and the just and peaceful settlement of the questions presented f Second1 rights of the people which I regard as paramount to it., I send to the how shall that be done 1 The former can be more easily answerea Clerk's desk and ask to have read an argument of the late Attorney- than the latter. General, Mr. Bates, made as far back as 1851, long before the causes It is the :first time in the history of tlte Government that such ques­ . arose that ha-v-e recentlyexcited the passions of men in this country; tions have arisen. So we,have but littlo, if any, light in the way of 1877. CONGRESSIONAL RECORD-HOUSE. 783 precedent to guide us. The modes formerly adopteddonotnowseem construction of the Constitution woultl render the provisionn requiring to be acceptable to the domina.nt party in the other branch of this the presence of the two Houses nu~i:ttory and meaningless. Congress. To my mind the thing to be done is for the representa­ Heretofore in the history of this Government there have never been tives of the people in both Ho:1ses of Congress to first, by all possi­ raised questions so grave, commanding the earnest consideration and ble means that are just and fair, ascertain tlle true state of facts re­ impartial judgment of Congress and the people, as those now pre­ lating to the elections held in those States now called in question, and sented and which must be decided. Similar ones have arisen in the then, like patriots, forgetting party spirit, agree on same plan that past, but in no instance did their determination decide the election, comports ·with the genius of our institutions, and not violate the as will probably be the result in the present case. Therefore we are Constitution that will commend itself to the intelligence of the . brought face to face with the issue presented and must decide it. country. Up to the present time the only questions presented and disposed The language of the Constitution, conferringthepower onthePresi­ of were whether the votes of particular States should be counted, and dent of the Senate, in the presence of the Senate and Honse of Rep­ in every instance in cases where the decision either way would not resentatives, to open the certificates or returns does not confer on change the result. The present case is quite different in the effect that officer the power to count the votes or to determine the impor­ of a decision, as well as the nature of the questions to be decided; tant questions that may arise prior to the count. It is insisted by for the determination of them will decide who was elected President, some that the Constitution by implication does confer that power. and we must not only say wha.t votes may be conn ted, but will have I cannot concur in that view, for the reasons, first, that such a power to decide in some instances which of two returns from the ~;arne State vested in one person, over whose action in so doing, according to that are the true ones, if any be counted. Heretofore, wbensimilar ques­ theory, there would be no control and from which there could be no tions were presented, and when they could have been settled and appeal, except to arms, however wrongfully or arbitrarily he might ex­ 'Jome permanent rule established to govern in the future without ercise the power, does not comport with the well-recognized checks being followed by consequences so serious as those now threatenil1g, and balances running through our whole system of Government. these questions were ingeniously avoided, or, in the language of a dis­ Second, because the constitutional requirement that the President of tinguished gentleman," given the go-by." the Senate shall, in the presence of the Senate and House," open all It .is unfortunat-e that some plan, either by legislation or constitn­ the certificates" clearly implies tbat the votes" shall then be counted" t.ional amendment, had not been adopted at a time when no violent or by the two Houses in joint assembly, and not by the President of the serious results could have followed. But it was not done; and it now Senate. There are stronger grounds in reason for the lattorimplica­ becomes the duty of Congress, at least for the purpose of determining tion than for the former, because the requirement that the two the election of the nex~ Chief Magistrate, to do so; and I most ear­ Houses should be present means that it was for some purpose: There nestly hope and confidently believe that there is enough of the patriotic seem to be but two purposes requiring their presence: one to pass fire that animated the hearts of our revolutionary ancestors remain­ upon all questions of the returns and their right to be counted that ing in the two Houses of Congress to rise in such an emergency above might arise ; the other tO count the votes, when it is ascertained by partisan feeling or personal ambition, aml agree upon some fair and them what votes are to be counted. just plan for the settlement of the difficult questions presented. This seems to me to be the most reasonable and harmonious con­ The absence of a.ny mode being prescribed by the express declara­ struction of that clause of the Constitution. Any other would render tion of the Constitution or by statute leads to many and serious diffi­ meaningless, iille, and nugatory the requirement that both Houses culties. I will call attention to a few that are presented to my mind : should be present. This view is not repugnant to the power and duty The notion that it is the prerogative of the President of the Senate to conferred upon the President of the Senate. The universally recog­ decide, in the last resort, what are the lawful electoral votes that shall nized rule of construction and applicable in this case is: be counted is not to my mind entitled to respectful consideration. He That effect is to be given, if possihle; to the whole instrument and to every section is to open the certificates,

If no person have a majority the House is to choose from the three cannot be impeached, and the House decides that it is not conclu­ highest on the list, if there be so many. Suppose there were four, sive and can be impeached. There is a dead-lock; neither opinion and the one who ha-s the majority required is proven ineligible. To can lawfully prevail over the other; no tribunal can decide which is have a right to vote for the fourth, or lowest, the House is by the Con­ right. The Constitution dies of paralysis; as fraud "Vitiates every­ stitution forbidden to consider the vote for the person ineligible, and thing into which it enters, even the most solemn judgments, it would therefore must necessarily have the power to decide for itself whether be 3 most lame and impotent conclusion to bold that either the Senate he is ineligible. If be is, the fourth has the right to be one of the or House must not only look patiently on and see a State cheated out persons between whom it is to choose, and to be President if he of its votes, but even become a party to the fraud. obtain the votes of a majority of the States. Suppose, again, that the ineligibility of one elector was not known . It is not necessary to inquire as to the result, or the course to be until his vote was being.counted; certainly the question whether it adopted, if only two having been voted for the one having the should be counted could be raised, and the Senate might decide that required majority wa-s found ineligible. Neither provision of the it could not and the House that it could. Suppose that it were alleged Constitution seems to cover such a case, as there cannot be two that the list of Vf)tes bad been tampered with, or a forged list sub­ persons, excluding the person ineligible, between whom to choose; stituted, would this not raise an issue to be in some way determined r and the person eligible has not a majority of the votes "of the whole And when and how would it be determined, if ea-ch House would have number of electors appointed." the right to pass upon it separately and independently! If they tind Suppose, again, that four-persons were voted for, and no one has the differently on the facts, all is at sea again. req!Jired majority; the Honse is limited to the persons having the There should long ago have been provision ma.de by law for all these highest number of votes, not exceeding three from whom to choose. contingencies. To live under a system of government by which ques­ One, then, is to be excluded. Which! The one having the lowest tions on which the legitimacy of magistrates and the peace of the vote T Who, then, is to decide which of the four received the lowest country depends are to be submitted for decision to two bodies or vote f Clearly, the House. tribunals at ibe same time, when if they disagree there can be no Suppose, also, it was contended lbat the electora of one State, who decision, no final settlement would be intolerable. A system or device voted for the person having the highest number of votes, were not like that would be discreditable to a less Christian and civilized peo- the lawful electors of the State, but only made to appear so by fraud­ ple than ours. • olen taction on the part of a returning board, or by a certificate fraud­ The two Houses are not dummies, defenseless against frauds that ulently caused to be given by the executive of a State f And suppose shrewd rascals may perpetrate; bound to permit their tellers to count there were two executives, each claiming to be lawfully in office, any votes that are clothed with a prima facie semblance of authority certifying to different lists of electors; and that one set had voted and legality without regard to their legality or truthfulness. for one person and the other set for another, and the question who Sir, questions growing out of the late election have already arisen that had the highest or lowest vote must depend on the question which mu,st be settled or worse will come of them. Questions will continually were lawful electors, and this on the question who was lawfully gov­ arise which must be decided, if possible, without appeal to arms. ernor! If no law be enacted on the subject and the Senate insists, to the end, It is perfectly evident to my mind that to determine whether A or that no vote shall be rejected unless by concurrent vote of each House, B must be excluded as having the lowest vote, the House must de­ the House, in accordance with the well and long-recognized usage of termine what are legal votes of the given State, unless there be some both Houses heretofore, wiH insist that the vote of one House shall mode prescribed by l.ato for determining this elsewhere or otherwise. reject. If the matter stands thus until the two Houses meet to count If upon any such question the Senate is to decide separately and the the votes, with the question in dispute whether the former usages and House separately, there is a dead-lock between them and the Consti­ rules of the two Houses are in force or should be observed, each body tution does not cover the case. Must the House surrender to the Sen­ will of course adhere to it-s own views, and everything must come to ate and substitute the Senate's judgment for its own f If so, then it a dead halt. There will be two Houses blocking each other's way, and will be idle for the House to consider the question at ·au. If the the wit and ingenuity of man will not there be able to find a peaceful power to decide belongs to the Senate alone, the House can proceed to solution of the difficulty. There will be an end of constitutional gov­ elect only when the Senate permits it by deciding that it has the right ernment and anarchy will rule in its place; and yet we have fancied to do so. But no word in the Constitution sets the Senate above the that we were wise enough to govern ourselves, and magnify the Con- House in this matter. stitution. . If the House should decide that Tilden and Hendricks have a law­ The Constitution provides that the Senators shall be chosen by the ful majority of all the lawful electoral votes cast, and the Senate ·Legislature of each State. It will be remembered that when Mr. Har­ decides that Hayes and Wheeler have it, and there is no arbiter to de­ lan, of Iowa, was decided not to have been legally elected, Mr. Benja­ cide between them, the result is anarchy. Such an emergency as that' min argued that no one could be legally Sena.tor unle88 elected by a. can be met only by affirmative legislation or by amending the Con­ majority of each house of the Legislature voting by itself, and as the stitution. Legislature must elect as a Legislatm·e, there waa force in the argn- · If there were three candidates for each office, and the House, re­ ment. But by an act of Congress, after a vote taken in each bouse jecting the votes of one or more States, which if counted would give of a Legislature for Senator, if no one bas a majority of votes of both, A the majority for President and M the majority for Vice-President, the two houses ntust meet in joint assembly and a majorit.y of indi­ should declare that no one had the required majority, and thereupon vidual votes of members of both houses elect; so that one can be elect F President· and the Senate should decide that A and .M were elected Senator without obtaining a single vote in the up~er and elected, and should therefore recognize :M as Vice-President, declining smaller body of the State Leaislature. As the Senators now m office to proceed t.o an election, it is clear that one or the other would hold were all, or many of them, elected in this manner, they will hardly his office by usurpation and the Constitution is proven an abortion. venture to say that they were not chosen by the Legi&latures or that The Constitution contemplates no delay. The votes are to be the mode was not a fair one, and refuse to resort to it in another case opened in the presence of the two Houses and "then" to be counted ; where it wonld be equally fair, and where it offers the means of all matters of detail in regard to counting the votes are left to be pre­ having fairly decided all questions that arise, and decided finally scribed by law. If there be found to be no choice, the Honse is im­ and peaceably. ?nediately to choose the Pre8ident by ballot. Either there can be no It is unfortunate that a law upon this subject bas to be enacted contest there in regard to the votes from any State, or the eligibility when it must apply to a case already arisen; but if it be wise and of any elector, the validity of any certificate, or any contest that may necessary, just and fair, for all cases that have arisen, or that may arise must be settled by the Senate and House. It is ridiculous to arise, and will avoid dead-locks and anarchy, it is of little moment that suppose that such powers are intrusted to the President of the Sen­ one party may, just now, win and another lose by it. Let the people ate, even if be is t.o count as well as open the votes; to count is· sim­ see that the Senate and House are not likely to come together breast ply to enumerate, a purely ministerial duty. to breast, like two locomotives meeting each other, and that what­ It bas always been a high and solemn duty, hitherto neglected by ever questions may arise .will be settled by a majority of their votes, Congress, to provide by law for the due exercise by itself of this high and there will come up from them a universa! voice of approval; there jurisdiction. This House owes it now to the people to insist upon the will be a universal sense of relief, a feeling of gladness all over tho enactment of such a law, or by proposing a suitable amendment of the land. It is not the quarrel that disturbs the country, but that there Constitution, that republican government may not become contempt­ is no lawful and feasible way to settle the quarreJ. The people know ible. By the bill reported by the joint committee, the two Houses do that makeshifts will not do it, and that procrastination in this mat­ not part with their constitutional powers, .bnt prescribe a mode of ter will only lead to further complications and more serious conse­ their exercise in this great emergency, the importance of which can­ quences. not be too keenly felt. The true object of both Houses should be, and I hope will be, in the In the last resort, it being determined that no person is elected, the exercise of their constitutional powers, to ascertain which, if either, l:Iouse, having to elect, must determine its own jurisdiction. of the candidates for President and Vice-President were elected by It may be insisted that the questions that may arise in regard to the votes of the pe.ople, fairly polled, honestly and fairly counted and the election and qualification of electors of a State must be settled returned, and honestly and legally canvassed and certified. in some way provided by the law of the State; that without the cer­ To accomplish this end, should the bill reported by the joint com­ tificate caused to be given by the executive no list of votes certi­ mittee fail to become a law, it would seem that it would be right and fied by persons as electors can be regarded, and that the certificate just that a rule should be established req_uiring the two Houses in in due form accompany the certificate of votes; these ntust be counted. joint session to settle all such questions, 3,nd upon the question of · Suppose, then, that the Senate decides, aa a matter of law, that wholly rejecting the votes of a State, or of substituting other votes the certificate caused to be given by the executive is conclusive and for those prima facie entitled to be counted, the rejection or substitu- 1877. OONGRESSIO:NAt RECORD-HOUSE. 785' tion should not be adjudged by a mere majority of the members of the The Clerk read as follows : two Houses in joint session, but by a vote of at least three-fifths of Mr. Clay said 11 he would merely observe that the difficulty is before ns ; that we the members of the two Houses present and voting. This requirement must decide it when the two Honses meet or avoid it by previous arrangement. would, it seems to me, free the mode of adjudication of its partisan The committee, being morally certain that the question would arise on the vote in ioint meeting, thouglit it best, as he had before stated, to give it the ~ro-by in this.< objections, and secure a more just and satisfactory settlement of such Suppose thiS resolution not adopted, the President of the Senat-e will proceed to questions. open and count the votes, and would the Honse allow that officer, singly and alone,\ ' The sepamte powers of the House are defined by the Constitution. thus virtually to decide the question of the legn.lity of the votes 7 If not, how, then were they to proceed 7 Was it to be settled by_ the decision of the two Honses It possesses the powers of the House of Commons of England in that conjointly or by the two Houses separately 9 One Honse would say the votes ought it may censure the government, pass a vote of want of confidence, to be counted and the other that they ought not, and then the votes would be lost and compel acquiescence in its will by President and Senate-by altogether." threatening to stop supplies. It only has to call into exercise its con­ stitutional powers to at once curb the Senate in offensively asserting · Mr. WILSHIRE. Presentin~ the very difficulty that I have en­ a superiority over it. deavored to point ont. Again m the course of that debate, Mr. Clay· Mr. Chairman, the Constitution will not stand the strain of another said" there was no mode pointed out in the Constitution of settling civil war; it is almost in articulo mortiB now. A dead-lock such as litigated questions arising in the discharge of this duty; it was a I have described is death to constitutional liberty, and another power casuB omiBBU8; and thought it would be proper, either by some act of than that of the Constitution becomes sovereign. Let us see how derivative legislation or by an amendment of the Constitution itself early that may come. to supply the defect." ·I · Suppose nothing is done by Congress in the matter and the Sem~.te The idea that the President of the Senate possessed the power to demands that the Honse shall, when the time arrives for counting the determine litigated questions growing out of the count of electoral votes, repair to the Senate Chamber. The Honse declines. The Sen­ votes ha.s never before now been asserted or claimed; on the contrary, ate, in its dignity, refuses to go to the Hall of the House of Representa­ the proceedings of the two Houses, from 1793 to the present time, tives. The vntes then cannot constitutionally be counted. But the show that, in every such instance, the power to decide rested with the Senate alone, or its President, counts them without right; and the two Houses. The uniform practice has been for the two Houses, for that House acts as if no one were elected and elects a President, equally purpose, to pass joint resolutions, in each case, prescribing where the without right, because forsooth the electors 1tave elected some one. A tw9 Houses should meet and providing fortheappointmentof tellers to most alarming condition of public affairs would exist. receive from the President of the Senate the votes as the certificates Suppose again that difficulty over, and the President of the Senate were opened by him and handed to them, who made a list of the votes and the Speak~r of the House presiding ; so soon as a q nestion of any astheywere declared; and in all cases of objection to the count of anyi sort comes up to be decided by them and they disagree, who is to vote or votes by any member of either Honse, the question arising settle itt on the objection has been determined by the two Houses, and in all , If the Senate is to give its opinion and decision, and the House its cases requiring the concurrence of both Houses to entitle the vote ob­ opinion and decision, they will probably disagree; and here is the jected to to be counted. In 1865, this time-honored custom wns crys­ same difficulty. The bill under consideration is intended to provide tallized into the form of what has been known as the twenty-second against such a contingency; yet I believe the plan I propose of decid­ joint rule, by the terms of which the persistent objection of either ing such questions fuially should by the two Houses in joint session, Honse would reject the vote of a State. I will now call attention to and, to reject or exclude votes, require a three-fifths vote of t.he what will be regarded by the republican side of this Honse, as good joint assembly. authority. As before remarked, the questions that will arise are legal and con­ In determining the election of 1864 for President and Vice-Presi­ stitutionAl questions, requiring for their solution the exercise of ju­ dent, Congress passed a joint resolution declaring that certain States, dicial powers. If to decide them two bodies of men, one large and naming them, were in rebellion, and that no valid election of elect­ the other small, have equal voices and can only decide by agreeing, ors for President and Vice-President was held in them, and that the process is not judicial in ita nature. There cannot be two judges, those States were not entitled to representation in the electoral col­ the Senate and the Honse acting separately. lege, &c. That joint resolution was presented to President Lincoln A decision pronounces the conclusions to which individual intellect for his executive approval, which was approved by him and returned comes upon the law and the facts, and a final decision is that in to the two Houses with a message, from which I ask to have read the which the larger number of the individual intellects concur. following extract : The opinion of a Senator, because a Senator, is not entitled to five The Clerk read as follows : times the weight to which it would be entitled if he were a mem­ To the honorabletheS~ andHomeoj Representatives: ber of the Honse. .Each Senator and Representative in the deter­ The joint resolution entitled "joint resolution declaring certain States not en· titled to representation in the electoral colle~e~" has been signed by the Executive mination of the questions at issue is invested with judicial func­ in deference to the view of Congress implien in its passage and presenmtion to tions, and each is the equal of the other in this great tribunal. The him. In his own view, however, the two Houses of Congress, convened under the decision of the right then •must be according to the majority of in­ twelfth article of the Constitution, have complete power to exclude from counting dividual opinions; but it may, and I think ought to be agreed and all electoral votes deemed by them to be illegal, and itis not competent for the Ex­ enacted that, upon certain most grave questions, the majority shall ecutive to defeat or obstruct that power by a veto. be of three-fifths, or less or more as may be thought best. It is my . Mr. WILSHIRE. By that executive message of Mr. Lincoln, whose deliberate opinion that such a mode would satisfy all sober and just honesty, ability, and patriotic devotion to the Constitution and laws men everywhere. none will now question, the doctrine that the determination of all The silence of the Constitution on the subject of determining sucl_l questions like those, of what are legal returns and wh&t votes should important questions does not argue that Congress has not the power be counted, belongs to the two Houses was distinctly recognized and to prescribe some mode by which such questions may be decided. officially announced. , , As before remarked, the power conferred on the President of the Mr. Chairman, in conclusion I will say that neither will this Honse Senate, in the presence of the two Houses to open all the certificates, nor the people tolerate such an usurpation of power by any one per­ ends upon the performance of that duty by him; and from that mo­ son, however high in authority he may be, as that of assuming to ment his_powers. are no greater than those of any member of either determine alone those grave questions, except by the authority and House. The language that "the votes shall then be counted," clear­ under the direction of the two Houses of Congress. ly implies that they should be counted by the two Houses, or ~such Sir, the gravity of the questions pending not only call upon Con­ manner as the two Houses should direct. The power to count the gress to perform one of its most important duties, but are engaging votes carries with it all powers incidental to its proper exercise. the serious attention of the people of the whole country, and not of The power to determine what votes shall be counted is a judicial one section or class only. The people of the North and the South, the one, and the two Houses are perfectly competent to make all needful East and the West, the white man and the colored man, the rich and rules for a just and complete exercise of it. It will not be seriously the poor man, the capitalist and the laborer, and producer and the contended that the exercise of such power by the two Houses is for­ consumer, are all alike interested in and affected by them, and all de­ bidden by the Constitution. Then, if it be not forbidden, and we manding a just and fair determ.ination:of who were elected President find that it can be exercised by them without repugnance to the and Vice-President at the late election by the votes of the people; and power granted to the President of the Senate to "open all the cer­ they will and ought to demand that the will of the people, as expressed tificates,'2 it is competent for the two Houses to adopt the mode I have by their ballots, shall not be defeated, either by judges gf election, suggested, or any other mode that will be effective and accomplish returning or canvassing boards, governors' certificates, or the usurpa­ the much-desired end-a just and fair settlement, and the preserva­ tion of power by the President of the Senate. tion of peace and tr8.D.quillity. It is a universally recognized doctrine that, in all contested elections A similar question to those now presented arose in 1321 on the right depending for their determination upon majorities, the power to de­ of the State of Missouri to have her electoral votes counted. To avoid termine will always examine the ballots to ascertain which of the the question as to the right of that State to have her votes counted, contestants were the choice of the people. The questions before us the joint committee of the two Houses, appointed to consider and re­ are in the nature of a contested election; they, in their determination; port a mode of procedure for the count of the electoral votes-it ap­ reach back and appeal to those great natural and inherent rights of pearing that the counting of the votes of Missouri either way would man, that existed prior to the Constitution or the creation of return­ not change the result-reported a hypothetical resolution. ing boards and rise pre-eminently above either when invaded. During the discussion on the adoption of that resolution, Mr. Clay, Sir, the appMent calm with which the whole people are now look­ n. member of the House, in. the course of his remarks snid, I send to the ing on, awaiting our action, evidences to mymindtheir:fixeddeterm­ Clork's desk to be read. ination to demand at our hands a settlement of those questions upon 786 CONGRESSIONAL RECORD-HOUSE. JANUARY 20, the eternal principles of liberty and human rig:hts that this Govern­ Mr. TARBOX. Mr. Chairman, I suppose that upon the question ment was established to maintain, and they will accept nothing less whether we are to have a country or not depends the question whether from us. the representatives of the people shall in the exercise of their con­ ' It may be said that in three of the States, whose votes will be called stitutional powers make appropriations for carrying on the Govern­ in question there was intimidation by violence and otherwise. It ment of the country. will not be claimed that any system of elections can be devised so Mr. WILSON, of Iowa. If that remark is in reply to my point of perfect as to absolutely prevent all fraud. I suppose there never was order, I desire to say that the bill now being considered has been a popular election at which there was not more or less wrong com­ made a special order under a suspension of the rules. mitted. All that human ingenuity can do is to prevent wrongs or fraud The CHAIRMAN. The gentleman has not yet said enough to indi­ in elections as far as possible. cate ihe character of his remarks. - But why has there been intimidation, if any, in those States f Sir, Mr. CLYMER. It will be impossible for the Chair to determine every man who has been much in the Southern States since recon­ the question as to the pertinency of the gentleman's remarks until he struction, who will be frank enough to admit it, knows that it has has heard what the gentleman has to say. been because the people of those States were not permitted to govern Mr. :MILLS. I make the point of order that the rule which the themselves as in the Northern States; that through disfranchisement gentleman from Iowa invokes is merely directory to members, and is or the unwarranted use of the .Army the free voice of the people has like the rule which requires every member to vote, but which the been hushed, liberty imprisoned, and republican institutions virtually Chair has repeatedly decided he has no power to enforce. This rule assassinated. Even now, in the State of South Carolina, I am in­ in regard to latitude of debate is simply a suggestion to the member formed by members of the committee of this House to investigate the speaking; and it is a question for him whether he will adhere to it late election in that State that, in order for its peaceful citizens or or not. I suggest that it is calling on the Chair to take ftl very grave even high·officials to see the governor or attend the supreme court, responsibility if he is to decide whether the gentleman is speaking they must pass the outer door through a guard of militia and the directly on the question before the House. The subject immediately hall through files of armed United States soldiers. ·what a commen­ under consideration is capable, of course, of being considered from tary on republican government I What an insult to the memory of many points of view; and I think it would be very difficult for the our patriotic fathers! Oppression and misrule stalked abroad in the Chair to say when the genileman's remarks are foreign to the ques­ land. What would not the people in the most favored of the Northern tion and when they are not. The rule, I submit, was never intended States do under similar circumstances, I ask 7 They would at once to be enforced by the Chair. seize and fling the authors of such oppression into the ocean as did The CHAIRMAN. The Chair has called the attention of the gen­ the early patriots' British tea. tleman from Massachusetts to the point that has been raised, and In the Southern States where the management of their local con­ would request him to speak in order. cerns is entirely in the hands of the people, there are no such cries of Mr. TARBOX. Mr. Chairman, I have a most conscientious wish to force and intimidation. I will instance my own State, .Arkansas. It respect the rules of the House. Certainly I do not desire to transcend is well known tO every gentleman on this :floor that before the adop­ the rules as I understand them from the usage here. But in my brief tion of the present constitution, which placed the power to govern in experience in this body I have always observed that when the House the hands of the people, the same as in theNorthern States, there were is in the Committee of the Whole on a subject of this character, the continually complaints of fraud, violence, andintimidation in elections, largest latitude is permitted to debate; and I would ask the gentle­ and murders, for opinion's sake. Since then no more is heard of such man from Iowa to concede to me the grace which has never been re­ things. The people of that State are as quiet, orderly, law-abiding as fused to him. any in the Union, and the civil and political rights of all classes and Mr. WILSON, of Iowa. The gentleman is not now arguing the color there are as cheerfully accorded and as thoroughly guarded and point of order; but in this connection I will say that on our side we protected as in any State. This I understand to be the case in all the consider the proceedings of this afternoon as a gross violation of other Southern States where the people are not robbed of their rights good faith. The gentleman's colleague [Mr. SEELYE] had the :floor. io govern themselves. He was requested by the gentleman from Indiana [Mr. HOLMAN] in Then, sir, the conclusion is irresistible that the causes for any charge of this appropriation bill to let the House go into the Com­ violence or intimidations that may have been committed n.re attribut­ mittee of the Whole upon the bill. He consented with the 'under­ able entirely to the false, wrong, and contemptible policy of the standing that there was to be bona fide consideration. National Government, pursued in reference to those States, in sus­ Now, if the question of the electoral count is to be discussed it oc­ taining a minority against the expressed will of a majority of the curs to me that it is unfair and unmanly to take the floor away from people, by the abuse of executive patronage, and the unwarranted the gentleman fromMassachus(jtts [Mr. SEELYE] and give it to other use of the .Army. Such practices are the legitimate outgrowth of a gentlemen. We have had three speeches from the majority side of disregard of those great fundamental rights of man. The people, the House and there has been no n1>ly. That is my point, and that who have been realizing the effect, have discovered the cause, and, if is the reason of the feeling I have about ibis matter. Apart from I mistake them not, are determined to apply the remedy, by relig­ this point I am very far from intending to offer any discourtesy to iously enforcing the complete recognition of those great rights. the gentleman from Massachusetts, [Mr. T~ox.] 1 Unless some plan shall be agreed upon by which these troublesome Mr. O'BRIEN. I was in hearty accord with the gentleman from questions can be lawfully and peaceably adjusted upon the well-un­ Iowa [Mr. WILSON] in regard to his point of order when made some derstood principles of a representative democracy, anarchy and revo­ three-quarters of an hour ago; and I then sustained him to the ex­ lution will follow the failure, and the Constitution will be swallowed tent of my ability, believing that he was right. But as he withdrew up. That expression, I hope, will not be misunderstood. Nothing I the point of order and has allowed this debate to run for three-quar­ would deprecate more than war, and I know that I express the sen­ ters of an hour, I submit that it is now too late for him to renew the timents of the people of the State I in part represent when I say that point. they want peace and not war, and I feel confident that is the feeling Mr. WILSON, of Iowa. NQ.t at all. I withdrew the point of.order of the people of the who1e South. But, sir, while that is true so far because of the plea made by the gentleman from .Arkansas or by others as I am concerned, and I believe so far as those I represent are con­ on his behalf that on account of sickness in his family he desired to cerned, rather than consent to a surrender of the great right of the leave for his home and wanted to submit his remarks before going ballot, freed from fraud, or force, or defeat by canvassing boards or away. The question now is whether it is to be the universal princi­ governor's certificates, I would not only accept but cheerfully invite ple to treat the rules in this way. war with all its horrors. Mr. MILLS, [to Mr. WILSON, of Iowa.] We willletyoursidespeak But I apprehend no such danger. I have too much confidence in two or three hours after this is through. the good sense and patriotism of the people's representatives not to Mr. WILSON, of Iowa. That does not often happen. believe that some plan will be adopted by which the questions will Mr. TOWNSEND, of New York. We have had a regular run of be settled without doing violence to the fundamental principles of speeches all on one side. free government. Mr. WILSON, of Iowa. I believe that the Chair ought to put to a Let any plan be adopted by the two Houses for the ex~rcise of their gentleman who starts out to make a prepared speech, as I presume constitutional powm-s in this behalf, that will insure the full force of this is, whether it bears upon the subject under consideration. If the voice of the people and the white winged angel of peace will con­ the gentleman says it does, the Chair must take his word of course; tinue to hover over us, insuring perpetuity to the Government, and but if not, it is ihe duty of the Chair to rule him out. happiness and contentment to the people. The CHAIRUAN. The Chair cannot anticipate what the gentle­ Mr. WELLS, of Missouri. I now yield one-half hour to the gentle­ man is going to say. All that the Chair can do is to call the atten­ man from Massachusetts, [Mr. TARBOX.] tion of the gentleman to the rule with the admonition that it has been Mr. TARBOX proceeded to address the committee in remarks given invoked. · hereafter, but at the end of his first sentence was interrupted by Mr. WILSON, of Iowa. Then the honorable Chairman concedes Mr. WILSON, of Iowa, who said: I raise the same point of order that if the gentleman does not confine himself to the special order it that I did on the gentleman from Arkansas, [Mr. WILSHIRE,] that he is his duty to call him to order. must speak to the bill under consideration. Several MEMBERS. How can he know' The CHAIRMAN. The gentleman has not yet indicated the line :Mr. WILSON, of Iowa. There are some things that members of of his remarks. Congress do not know, [laughter,] but there are some things they are Mr. WILSON, of Iowa. Well, I will raise the point in due time. supposed to know. The CHAIRMAN. The gentleman from :Massachusetts will proceed Mr. COX. As there is a point of order raised here, I desire to say in order. one word. - My friend from Iowa charges this side of the House with 1877. CONGRESSIONAL RECOilD-HOUSE. 787

a gross violation of faith in taking off the floor oor distinguishetl upon the point which he is speah.i.ng to. [Laughter.] Now my friend friend from MnBSachusetts, [Mr. SEELYE.] Now the gentleman from from Iowa does not seo the point in these remarks. [Laughter.] Be­ Massachusetts yielded the floor, and he yielded to two hours for debate cause he does not see the point it does not follow that tho point is not ' upon the bill. This side of the House did not know the nature or within the rule. For myself, I do see the point. character of the debato for the two hours which was already prom­ Mr. WHITE. I rise to a point of order. ised. I do not know bot what it was definitively to be upon the The CHAIRMAN. Only one 'point at a time can be entertained. Indian appropriation bill. But two hours were yielded. There WaB Mr. BANKS. I thlok my colleague is in order, and I hope he will no lack of faith on this side, and any member of the House with or­ be allowed to speak, even though we should not be satisfied as to the dinary ingenuity, as has been always illustrated here, can make con­ point he is coming to. · nection between the Indian bill and appropriations out of the United Mr. HOAR. State the point. States Treasury and the general safety of the country. And n:o man Mr. BANKS. I will. As I understand this is a bill appropTiating can make a point of order that will hold water. It is like pouring money for the support of the Indian service, the Clerk will please water into a sieve : you cannot possibly hold it. These points of read the tit.le of the bill. order when made heretofore have always been overruled. All that The CHAIRMAN. The title of the bill will be read. can be done is what the Chair ha.a done, to admonish the gentleman The Clerk read a.a follows : from MassacChusetts to keep if he can within the Indian bill. [Laugh­ A bill making appropriations for the current and contingent expenses ot the In­ ter.] dian Department, and for fulfi.Uing treaty stipulations with various Indian trtbes, Mr. WILSON, of Iowa. What a spectacle is here presented, a fo;rmer for the year ending J nne 30, 1878, and for other purposes. Speaker of the Hoose indicating the way in which the rules of the Mr. BANKS. Now, Mr. Chairman, I understand what is the purpose House can be violated. of this ~ill. I think I understand the argument of my colleague [Mr. :Mr. MILLS. I hope the Hoose will come to order. TARBOX] up to this point. He has been speaking of the importance Mr. TARBOX proceeded with two or three more sentences of his of a just and proper settlement of the presidential election and the speech. selection of the proper presidential c&ndidate. I do not think you Mr. WILSON, of Iowa. I raise the pointthatthegentlemanisnot know, Mr. Chairman, I do not know myself, bot he intends to propose speaking to the pending question at all. that the settlement of the presidential question shall be referred to The CHAIRMAN. The gentleman will state his point of order. the several chiefs of the Indian tribes-[great laughter]-and, if so, Mr. WILSON, of Iowa. The gentleman has proceeded far enough he is in perfect order, in better order, I say, than I have known any to indicate that he is not speaking to the Indian appropriation bill. other member of the House to be in for a long time. I hope the chair­ Mr. O'BRIEN. Give him time and he will get to Indian affairs. man will permit my colleague to go on until he comes to a point when [Laughter.] we can see, every one of us, that he is speaking pertinently to the bill Mr. WILSON, of Iowa. I am not disposed to treat this matter as under consideration. [Laughter.] one of levity. It is a rule of the House, and I wish it enforced. The Mr. WILSON, of Iowa. Before I rose the last time to make the point gentleman from Massachusetts is not speaking to the question under of order, I WaB satisfied1 as the gentleman's time had nearly expired, consideration, and I call him to order. that he was not to speak at all to the bill under consideration. The CHAIRM.A...~. The Chair will submit the question to the Hoose Mr. COX. I desire to raise the point of order that all this does not whether the gentleman from M388a.chusetts is in order or not. come out of the time of the gentleman from Massachusetts. Mr. WILSON, of Iowa. I beg the Chair's pardon. He cannot sub­ Mr. WILSON, of Iowa. Of course not; everybody knows that. I mit whether the gentleman from MaBSachusetts shall be allowed to want to reply to the point made by the gentleman from Massachu­ proceed or not out of order. If he does not take the responsibility to setts, [Mr. BANKs.] Wh~n we go into Committee of the Whole on decide the question he can submit it to the committee. I ask then the state of the Union for the consideration of the general orders that the title of the bill be read. which are in Committee of the Whole, a member·can s-peak on any Mr. WOOD, of New York. Let me suggest to the gentleman from subject he chooses. It is his right to do so. But Rule 114 explicitly Iowa that in the discussion of an appropriation bill everything per­ states that when we go into Committee of the ·whole on a special taining to the nature of the Government necessarily may be discussed order members shall confine themselves strictly to that order. Now, as pertinent to the question of appropriating money out of the United the question at issue is: is that a rule or not, or will we defy that States Treasury. rule or not t That is the question. Mr. WILSON, of Iowa. But this is a special order and the rules I do not want to advert aga.in to the manner by which the floor limit debate to the -special order. was taken from this side of the House and given to the other. I have Mr. WOOD, of New York. This is the first time any gentleman has spoken on that subject. But I want to know now from the Chair, taken any other view than when in Committee of the Whole on the and finallv, whether that role is to be enforced or not. state of the Union on a general appropriation bill the largest latitud.e • The CHAIRMAN. Will the gentleman from Iowa [Mr. WILSOY] of debate should be allowed. state whether the Chair can do otherwiso than call the attention of Mr. WILSON, of Iowa. But this is a special order, and the roles the gentleman from Massa-chusetts [Mr. TARBox] to the rule and ask are that you must confine all discussion to it. that he confine himself within the rule, the Chair not being able to Mr. WOOD, of New York. The House haB allowed general discus­ anticipate in what manner that gentleman will connect his present sion for two hours. remarks with the question before the committee~ Mr. WILSO"N, of Iowa. But it should be confined to this subject. Mr. WILSON, of Iowa. There might be some doubt, Mr. Chair­ Mr. WOOD, of New York. Bot that general debate implies we man, if the gentleman roseto speak extemporaneously; bot when he shall have general discussion, and finally the gentleman from Massa­ rises with a printed speech, I believe the question should be put to chusetts may reach a conclusion afiecting appropriations under this his· honor whether that speech is pertinent to the question before the general appropriation bill. committee. That is what I think. Mr. WILSON, of Iowa. I ask to have the Chair decide the question Mr. COX. 0, that makes no difference. of order which I have put to him. Mr. BANKS. I make a motion which I think is in order at this The CHAIRMAN. The Chair has already stated that he cannot stage of the proceeding. I move that my coJleague [:Mr. TARBOx] decide whether the gentleman from Massachusetts will or not con­ who is on the floor be allowed to proceed in order. nect what he is now saying with the pending appropriation bill, and Mr. COX. The point of order has not been sustained. he therefore will permit the gentleman from Massachusetts to pro­ Mr. BANKS. I ask that the motion I have made be submitted to ceed. the committee. Mr. TARBOX proceeded for a minute or two longer. Mr. COX. The gentleman cannot make that motion until the point Mr. WILSON, of Iowa. Now, Mr. Chairman, I rise to the point of of order has been sustained. oo-der that the gentleman's remarks are not upon the pending special Mr. BANKS. Certainly it can be submitted now. ordQr. If the Cha.ir is disposed to let this go on, very well; but I ask The CHAIRMAN. The Chair will call the attention of the gen­ the decision of the Chair upon the point that the gentleman from tleman from Massachusetts [Mr. TARBOX] to the one hundred and Massachusetts is not speaking to the pending bill, and does not in­ fourteenth role and requests him to proceed in order. tend to speak to the question under discussion. Mr. HOSKINS. I submit to the Chair whether as a matter of fact Mr. BANKS. I should like to say a word on this point of order, if the words in the title of tho bill" and for other purposes" are not the gentleman from Iowa will permit me. sufficiently broad to make gentleman's remarks in order. Mr. WILSON, of Iowa. Certainly. The CHAIRMAN. The gentleman from Massachusetts will pro­ Mr. BANKS. I do not think my colleague who has the floor should ceed. be deprived of it on account of any understanding between my col­ Mr. TARBOX then resumed and concluded his remarks, which were league from another part of the State and the chairman of the Com­ as follows: mittee on Appropriations. Whatever mistake there may have been, 1\Ir. Chairman, if e\er in the life of the nation a time especially is it should not be charged to my colleague, who is entitled to the floor. when moderation, a scrupulous sense of justice, and a patriotic tem­ On the question of order I think the Chair is perfectly right. I un­ pershouldrole.thepopular heart and judgment and in the public coun­ derstand him to say that he does not as yet so far understand the ar­ cils, such a time is now. The country IS moved to its depths with gument of my colleague as will enable him to decide my colleague loyal apprehension both f-or the high interests of public order and the will not bring his argument within the pending question. [Laogh­ yet higher interests of the public honor and liberties. The subject of ter.l It must be apparent to every member of the House that a mem­ concern is the disputed title to the Presidency, and the body of the ber is not required to pot so much force and vigor and convincing controversy regards the electoral votes of the States of South Caro­ argument into his speech as will satisfy every member of the House lina, Florida, and Louisiana, in each and all of which the authorities 788 CQNGRESSIONAL RECORD-HOUSE. JANUARY 20, or persons in possession of the State government accredit the republi­ ing of veneration for the principles of the Constitution, every precept can electors who, in form of law, have certified their vot.es for the re­ of our political education, every maxim of constitutional liberty, rise publican candidates. If these certificates are admitted in the count in revolt against the suggestions we hear put forth of a compromise by Congress, the presidential republican candidates are apparently of the question by agreements between party chiefs, and that in case chosen by a majority of one vote in the electoral college, provided of disputed legitimacy between contesting claimants of the presi­ the whole vote of Oregon shall be connted for that side. And yet it dential office the country shall abide the decision of the present Ex­ is the superior judgment of the country, and by no means a wholly ecutive, thereby enablinoo him in effect to name his successor. As partisan one, that the democratic candidates who received a quarter though it were permissible for the Executive to exercise judicial or of a million majority of the popular suffrages are also, in an honest legislative powers, or for the will of the people to be ignored and administration of the law, e.learly entitled to a majority of the elect­ Presidents made and unmade by a post-election political intrigue t If oral vote, and so to the presidential offices. How vitally important aught of outrage could recall the fathers to the scenes of their earthly the just determination of this controversy is to domestic content and achievements, proposals so monstrous would surely cause their statues the permanence of republican institutions is measurable only by the to break their marble trance and from their pedestala thunder anew heights and depths of the love and loyalty the true citizen bears to in the deafened ear of the nation the essential truths of civil freedom the Republic. The investiture in the chief magisterial office of a they taught while their mighty spirits dwelt in the flesh. claimant whose fair title to it is denied by the honest belief of the Hitherto, Mr. Chairman, in our national elections no question of major part of his countrymen over whom he assumes to rule would doubt haa arisen that the popular judgment was fairly taken, and inc'lude in its disastrous consequences the withdrawal of the respect hence a uniform and complete submission in the declared result by due and cheerfully accorded by the people to their chosen rulers, victors and vanquished alike. This has often and justly been the and, worse omen, the loss of faith in the ballot as the infallible oracle theme of proud reflection to the dignity of onr institutions and the of the public will and the sovereign arbiter of political disputes. The credit of the national character. How chances it that now, in a sea­ possibility of an event so inauspicious challenges the solicitude of all son that should be most auspicious for peace and a satisfied and con­ to whom the Republic is dear, and signally of those who, in official gratulatory sentiment in the land, as we recount the triumphs that place, legislative, judicial, or executive, are called to deal with the grace a century of national existence, we behold the mortifying and matter in any form. unwonted spectacle of a country in passionate quarrel over a presi­ This, sir, is no partisan statement of the public situation. It is the dential election months after the votes have been cast f It is not that common expression of wise and honorable men whose interest in state the people are iess loyal to the ballot-box, or less submissive to its affairs is unselfish, except that they are nobly covetous of the honor decisions. The cause of the unhappytumult,sir, is the suspicion, well­ of the country and the common prosperity. The sentiment of this nigh if not quite conviction, widely entertained by the people that an class of citizens is worthily voiced in a recent utterance by one of the attempt has been organized and is now urged on, in a selfish partisan most distinguished orators of the New England pulpit; a man, no interest, to falsify and reverse the true popular verdict by a dishonest more eminent as a divine than as a citizen, who caQ.iea a conscience and arbitrary use of the election :machinery in the three mentioned into politics. In his Thanksgiving-day discourse to his congregation, States, and by the consummation of the fraud in the count by Con~ess; James Freeman Clarke, of Boston, speaking of the late election and and certain notorious incidents and the course of events, all consistent its disputed result~ in connection with our national perils, says: with a corrupt design and conspiracy, have combined to confirm suspi­ The result now depends on the vote of three Southern States, and the danger is cion into belief. On the day next after the election, when the honest in­ that these votes when returned will be believed to be fraudulent and false; a.nd that telligence of the country accepted the success of the democrats as an the will of ibe nation is to be nullified by a. few meninSouthCarohnaorLonisiana. undoubted result, the chairman of the republican national committee That is the great danger now. * * * The highest crime that can be committed proclaimed a republican victory by one electoral vote. This assumed in this country is that against the purity of electiol).s; it strikes at the very root of national life. That is what we are in danger of now. I myself am a republican. I the appointment of republican electors in all the States of South Car­ bavebeensofromthebegi!lniug; sincetherepublicanpartywasformedihavenever olina, Florida, and Louisiana. No information as to the actual voting voted any other ticket. I was a free-soiler before that, and a. member of the liberty in either of those States was then at hand to indicate the result, and party before that; but I would a thousand times rather have the republican party the general expectation was that all or a majority of them would vote defeated by an honest vote tban successful by a fraudulent one. .As the Southern States, on whose vote the matter now depends, are in the hands of republicans, the democratic. What, then, was the secret of the republican chairman's danger is tbat a fraud will be permitted by the party to which I myael:f belong. I boastful confidence in opposition to the general sense Y Was it not therefore wish to enter my earnest protest against any success AO obtained. The his knowledge that the election machinery of those States was in the chiRJ danger, I am obliged to say, is of a. fraudulent eleCtMal return 1Jy the republi­ cans of Louib-iana. The danger is from them, because the men now in power there absolute control of men devoid of integrity and reckless of methods have already commiUed the &Mne crime. in the pursuit of political ends; whose private reputation and public * * * * * * * acts were a sufficient assurance that they could be relied on to exe­ Letusferventlypraythatwhen CongreAs meets the question of the next President cute any baseness the partisan crisis asked for Y The harnessed light­ may be settled beyond any doubt; but if any doubt then exists, let the whole peo­ ning was invoked to aid. Telegraphic messages from the republi­ pl~.let the honest men of both parties see to it that, after the fullest and most care­ ful inve~~tigation, perfect justice be done. There must be power somewhere to do can national committee to republican State officials and party manag­ this according to raw. It would be a very dangerous claim that the decision of who ers in South Carolina, Florida, and Louisiana emphasized the "grave shall be our next President should depend on tne Executive and the military force importance" of the electoral vote of those States and exhorted a'' most at his command._ A presidential election decided by military power would virtually be the end of the Republic. careful supervision" of the count, return, and canvass of the votes. ~ * * * * * * A plan was incubated to ambush and capture North Carolina, by con­ There is another vary serious danger. a.t the present time to our republican iusti· spiracy with its pliant executive, if necessary to success. All this on tutions;. it is the growing practice of sending United States troops into States at the day after election. The pretense of guarding against possible the request of one party to protect them ag:ainst some supposed danger from the other. If an insurrection actually exists in a Sta.te the President should assist the democratic frauds is the thinnest of transparent disguises. The votes executive to suppress it. But it was never intended that United States troops had been cast, counted, declared, and the returns were in republican should be sent to assist one party in a State that took possession of the government custody for official canvass by republican boards, and the election at to the exclusion of the other. It was never intended that they should stand at the every poll had been held under the supervision of republican officials. door of a legislative hall to decide who should be admitted aud who excluded. What was intended in the Constitution for a rare medicine in extreme cases has Chairman Chandler and his colleagues knew their men. It waa enough become our daily food. * * * .As a. republican, I protest against such interfer­ to suggest the "grave importance" of the matt.er to men so quick of ence by the executive power of the United States to decide by military force be­ moral perception as Chamberlain, Stearns, and Kellogg, and with th_e tween rival candidates for the governorship of a State. It is a dangerous thing when the Executive undertakes to decide judicial or legislative questions, or to en­ material support of "money and troops" the "most careful supervis­ force its decisions by armed troops. ion" was not difficult. The answer was prompt and to the purpose. * * * In sense, if not in precise terms, it ran thus between the lines: " We I Preceding the election the discussion concerned the comparative hold the fort t Who has the majority of votes we know not. But the merits and qualifications of the candidates as statesmen and as rep­ invincible, the omnipotent returning boards are our garrison, and all resentatives of political organizations, principles, and objects. That the powers of the ballot-box shall not prevail against us." Chandler, debate iij closed, sir. The merits of men or of parties are no longer the less of that illustrious surname, with other expert craftsmen, were in issue. The question is not who the people should have chosen for sent to aid in " holding the fort." Federal troops, too, were mus­ their rulers, but who as matter of fact they have chosen. There is no tered for the same valiant service. The chairman of the republicsn tribunal under the throne of Heaven to revise the judgment of the national committee seems to have combined in his own most sover­ American people in the selection of the instruments and agents of eign person the powers of both the Interior and Wax Bureaus of the their sovereignty. Our proper debate is as much graver than the de­ Government, and even of the Commander-in-Chief. He could prom­ bate which preceded the ballot of the 7th of November as the per­ ise Governor Stearns the use of the Army of his own warrant, with­ manent government is greater than its temporary administration, out consultation with the Secretary of War or the President. In the Our institutions can endure the burden of even a corrupt and licen­ conduct of his political campaign he has in effect been permitted the tious administration and not be utterly crushed out. That we have use of more power than vests in any official under the Constitution. proven. But the induction into power of rulers who hold not title The intervention of the President in these affairs; the manner and by fair and legal election is the overthrow of free government. The outcome of it; the selection by the Executive, without official warra.n t constitutional right of duly cho.aen Presidents to rule is a thousand­ and for no legitimate official object, of unofficial persons of no peculiar fold more sacred than the pretended divine right of kings. And, sir, weight in the country, and all having a lively political interest in the it is the people in their original capacity, and never Congress, surely resUlt of the election, to visit New Orleans as sort of ambassadors of never the Executive, and only in one contingency the House o~ Rep­ the Executive; the investing the correspondence of these persons resentatives as the most reliable exponent of popular opinion, by and ex parte testimony with an official dignity, and sending it for­ whom Presidents are legally elected and clothed with the right to gov­ mally to Congress as though it were the report Qf authorized agents of ern within ordained limits.- Every free instinct, every in-bred feel- the Government acting under the responsibility and in the exercise of 1877. i CONGRESSIONAL RECORD-HOUSE. 789 legal functions; impresses me aa a most singular episode of our pub­ ning or got grace since 1874. Further, on this point, the committee lic history and, if not a gross impertinence, at least an executive in­ state: decorum most unworthy of imitation. Had the President been orig­ The registration of the colored voters e:ueed.ed. by 4,000 the total number of col­ inally in the suggested plot he could not have more artfully employed ored adult males returned by the census, while the registration of the white voters his station to facilitate its operations. Was it the motive of the Pres­ was 10,000 less. ident in this action to estab1ish such an inquisition over the proceed­ Upon the subject of intimidation the committee say: ings of the returning board as that its honorable and fair conduct Of course in so large a State it would be impossible there should be no instances should be avouched by a weight of impartial testimony the country of refusal to employ or of intimidation. Such occur in every State. But the would be content with, and so the title to the Presidency be cloudless evidence certainly: indicates no general intimidation of colored voters, and that such intimidation as did e:rist in the State was rather in the interest of the republicans in its occupant if perchance the vote of Louisiana should decide be­ than of the conservatives. The United States marshals, whoseohief was chairman tween the respective claimants T If so the President was unhappy of the republican State committee, armed in some cases with blank warrants and in his instruments. He should have selected men whose names were aided by Federal troops, made constant an·esta before election, but not afterward. The oversight of the election and of the returns was in the handS of Governor Kel­ synonymous to the country of highest judicial temper and incorrupt­ logg's officials. ible probity, and representatives of each of tho rival political inter­ ests. The men the President chose were all of one side of politics, Here we have Marshal Packard, after fixing the false registration, and the steadiest of partisans of that side, chiefly known to the coun­ carrying on an intimida..tion campaign by the lawless use of the Fed­ try for distinguished fidelity to the political interests of that side; eral court process, backed by Federal troops. The conclusions of the chiefly too (and I mean no personal disrespect) men whose pursuit committee are stated thus: was politics and public employment, and whose thriftin that pursuit We hold, therefore, that in November, 1874, the people of the State of Louisiana was largely contingent on. the continued ascendancy of the political did have a. free, peaceable, and full registration and election, in which a. clear con­ servative majority was elected to the lower house of the L~eaislature, of which ma· organization to which they owed their present prominence in affairs, jority the conservatives were deprived by the unjust, ille , and arbitrary aotion . to which they looked for future preferment, and which must surren­ of the returning board. We understand the committee to e unanimous in finding der its scepter of rule unless the vote of Louisiana could be scored in the fact that the action of the returning board has defeated the will of the people as expressed by them at the polls on the 3d of November 1874. The people then its favor. Did the President suppose the people of the United States elected to the lower house of their Legislature a majorityot1 conservative members; would give heed to the opinion of judges so strongly prejudiced by a portion of the conservative members thus elected were refused their certificates. their politic~! sympathies and with so tempting a stake in the issue T This is an act of great injustice to the individuals, of gravest danger to the State and free government, and ought to be immediately COITected by any power compe­ W ell1 sir, as we know from the familiar history of these events, other gentlemen went to Louisiana. by invitation of the democratic na­ tent to correct it. tional committee. The democrats had cause to have representatives A significant item of testimony is to the effect that the board sought there, for, even in the law's defiance, they were forbidden all repre­ to exculpate its conduct in throwing out the vote of one democratic sentation on the election board of returns, and had weightiest reason parish by exhibfting an affidavit of Wells, the now chairman of the to fear a denial of justice by its arbitrary action; a fear a_bundantly board, certifying to intimidation in that parish; and when Wells was justified by irrefragable testimonies spread on the records of Congress requested to appear and substantiate his affidavit he refused to do so. by republican witnesses constrained by honor and conscience, to Thus, as the committee finds, it results: that the Kellogg-Packard­ .which men of honorable strain are nobly subject, to testify the truth Wells politicians, controlling the State government, the courts, and the though it hurt their political interests. What of the men who acted Army, used these agencies to make a false registry of voters and sys­ upon the invitation of the democrats T They were men of unsullied tematically to intimidate their opponents, and then, beaten at the public reputation, honorably known~ prominent actors in the events polls in spite{)£ all, coined false charges of intimidation against dem­ of a great political epoch of our history. Not one holds a public ocrats, and by the" arbitrary, unjust, and illegal" use of the return­ office. Only one can fairly be classed as a partisan democrat. The ing-board powers reversed the result of the election. Sir, the stake others were eminent republican leaders when that party was in its these political gamblers, with loaded dice, played f<>r then with such best estate and in its counsels confessed the leadership of Lincoln, audacity of moral recklessness was the control of a State Legislature. Chase, Seward, Sumner, Adams, and their compeers in character and Have they practiced the like desperate official perfidy now, when the capacity. They did not view the situation through an atmosphere stake is so much higher, and when a great political party, accustomed of old political predilections or friendly prejudices toward southern to power and loath to relinquish it, seems willing to profit by the crime men and affairs. These gentlemen were there to learn the truth and and shelter and reward the perpetrators! Ay I millions of true men establish it to public satisfaction. They invited the President's agents believe it, nml clouds of witnesses rise up to testify to it. to co-operate in the object. The invitation was declined. Can any­ Originally President Grant invited his agents to go to Louisiana. and body hesitate in opinion of the reason for the declination T A criminal see that a fair count was had "of the votes actually cast." At that lawyer never defended his guilty client with more obstinate evasion time the republicans claimed to have the State by the actual poll; no of the fatal evidence than the President's select commission exhibit claim of intimidation yet. For days the republicans held firmly to in their partisan report on the Louisiana election. their claim, but gave no figures and were very secret. The democrats Mr. Chairman, the cause that depends upon a successful defense of claimed the State by a large majority and published the figures of the illt-egrity of the Louisiana returning board is desperate, lost! their returns. Then was heard the charge of intimidation, but con­ That body has a reputation which no interested indorsement by par­ fined to five specified parishes. More days elapsed and then it came tisans, who take profit from its venality, can dignify or rescue from to be known that the exclusion of the votes of the alleged "bull­ contempt. Ita character is legible in t.he record it bas made. Of dozed" parishes would still leave the democrats a sufficient majority. Madison Wells, the chairman, General Sheridan, in 1867, wrote offi­ Here waa an unlooked-for dilemma. The garment had been cut too cially to the Secretary of War: small! But necessity was again the mother of invention. The con­ I say now un6ftuivocally that Governor Wells is a :political trickster and a dis­ spirators were equal to the emergency; their knavish genius mounted honest man; * * * his conduct has been as sinuous as the mark left in the dust with occasion. Fresh charges of intimidation, involving thereto­ by the movements of a snake. fore unchallenged polls, were set up. The law required, in order to Again, in 1868, Sheridan wrote to General Grant: clothe the board with jurisdiction, that the charges of intimidation, He has not one friend who is an honest man. sustained by affidavit, should be made within twenty-four hours sub­ sequent to the closing of the polls and accompany the returns of the I commend this opinion of Sheridan to the reflection of such as con­ commissioners. But that wa-s ignored. Affidavits were fabricated, fide in his judgment. For myself I frankly own I give little weight and in one and probably more instances corruptly smuggled into the to it. But the opinion of the soldier, formed under no inducement to sealed packages of returns in the custody of the board. Some of these misjudge, is a fair o:ff~set, with a margin left, to the opinion of the affidavits were made in New Orleans as late as the 25th of November; politician given under violent temptation to exalt charity at the ex­ when the board was engaged in its canvass. To effect its object, to pense of justice. I trust, sir, to other evidence not obnoxious to sus­ count in the republican electors, State officers, and Congressmen, the picion of malice or interest. The majority report on Louisiana affairs board found it needful to eliminate from the canvass the votes polled submitted to the last House by a committee of its most distinguished in the whole or parts of seventeen parishes or counties. It did it with members oi both political parties is characterized by a judicial tem­ a bad heroism, fairly rivaling its former exploits in the same field. I per that wei~htily commends it to credit. The House and the coun­ suppose it a conceded fact that the rejected ballots were legally cast try are familiar with its substance. Inasmuch as the late election and by qualified voters, and they numbered upward of fifteen thousand. ca.nva$weremanaged by the same men who manipulated theelection The illegality of the action of the board in rejecting from their com­ and canTass of 187 4, some of the findings of the report are singularly pilation, on the pretext of intimidation, votes of polls the returns pertinent. I !luote from the st-atement signed by Messrs. FosTER and from which were unaccompanied by charges and affidavitS of intimi­ Phelps, republicans, and Potter and Marshall, democrats, the major­ dation, as the statute prescribes, is affirmed by-the unanlmous opin­ ity of the committee: ion of the committee of the last House, of which my distinguished The registration was incorrect and exceeded the true colored vote. The registra­ colleague [Mr. HoAR] was chairman, and the republican vice-presi­ tion was wholly in the hands of the Kellogg officials, with whom a. republican com­ mittee, with United States Marshal Packard at their head, co-operated. In only dential candidate [Mr. WHEELER] was a member. The board repeats three parishes did the republican supervisors of registration make any compla.i.rit in 1876 the usurpation the committee convicts it of in 1874. Will of unfair or insufficient registration. On the other hand, very great complaint was those who condemned it then ul>hold it now, bribed by a. share of its made by the consorva.tives, who specified, with proof, fifty-two hundred cases of spoils! Excuse is sought to be made for the unlawful acts of the conceded. faJ.se registration in New Orleans alone. board in 187 4, that they may have erred in good faith through an hon­ The :MaJ'shal Packard here referred to, who" co-operated" in the est mistake as to their rightful powers, and so are not proven morally fra.udule_nt registration, was the republican candidate for governor in corrnpt. Sir, that judgment may commend itself to the charitable, the late election, and neither he nor his associates have lost their cun- but tile mantle is not broad enough to cover tho sin from the eyes 790 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 20, of the well-judging. The law is too plain for intelligent men toinno- by the presence of Federal troops, to impress the fancy and constrain cently err therein. But if the plea of ignorance may avail to ex.tenu- the homage of an ignorant and superstitious race of people, bred in ate their fault and save them from moral obloquy in 1874, it is worth- servitude and accustomed to submit to authority. Add to this the le s to justify or excuse their repetition of the same crjme in 1876, despotic clanshiprulemaintained bythecoloredpopulationovertheir when the illegal and wrongful character of their conduct had been class and the sum of democratic intimidation is readily seen to be made clear to the commonest apprehension. vastly overbalanced by the intimidation practiced in the interest of Under the law of its creation, Mr. Speaker, the returning board, the republicans. But, sir, it is profitless to attempt to balance these when constituted for the discharge of its duties, was to consist of five accounts. Elections are not so to be decided. The ballot-box alone members, of different political parties, vacancies that might occur speaks the public will. And if its decisions are not to be accepted as after it-s original constitution to be filled by the rema.'ning members. authoritative and final, popular elections are a delusion and repub­ It was, in fact, composed in this canvass of but four members, all re- lican government a snare. Mr. Chairman, the committee of the last publicans, with one vacant seat, which it obstinately neglected, though House fully admitted the great evils the unfortunate people of Louisi­ much entreated, to fill. Was the board, so i~perfectly constituted, ana suffer from the gross maladministration of their public affairs. legally qualified to act at all f Be that as it may, the refusal to obey But, say the committee," the ballot, not violence or assassination, is the clear mandate of the law and fill the vacancy with a democrat the peaceful remedy." Yes, indeed; while the ballot-box r~tains its fully confirms the distrust universally felt by honest men in the integ- unshackelt-d majesty. But, sir, how can a people defend their liber­ rity of the board. Were the purposes of the members fair and bon- ties, how redress public grievances, when the ballot-box itself is in est, they could not object to a democrat in their official company; but, bondage and its solemn judgments are overthrown by the arbitrary if they meditated the wrong they are charged with, his presence in will of a cabal of men themselves the authors and profiters of the their secret councils would be inconvenient and undesirable. very abuses the people seek to reform T On the same page on which One fact, Mr. Chairman, is incontestable: of the votes legally cast by the committee write the sentiment I have quoted they record, a-s if in the qualified voters of Louisiana at the election of the 7th of Novem- satire, their judgment that the returning board had by its'' arbitrary, ber as returned by the commissioners of election, a large majority unjust, and illegal" action defeated the will of the people of the State were given for the Tilden electors. This majority is counted by as expressed at the polls. thousands exclusive of all polls void by legal informalities. Upon As respects Louisiana in the electoral count we have not the case what plea, then, is it so~~ht to justify the setting aside of the chosen of a State in the full enjoyment of its right of self-government, with of the majority of qua.lined citizens who exercised their right of suf- its seats of official trust filled by agents of its free election, for whose frage in conformity to law, and giving credentials of election to can- acts the people ought in law and sound political ethics to be held re­ dida tes who received a minority of the legal votes Y For, argue how- sponsible. We have no need to stake out the limits of the power of Con­ ever speciou ly, that is what the returning board Ras done. Well, gress to go behind the certificate of competent State authority in this sir, the reason assigned is that certain voters were frightened from matter. No such competent authority existed, unless McEnery had it. t heexercis~ of their right of franchise, and therefore, as some through Those who had possession of her great seal had no right to its official fear did not vote, the lawfully cast votes of others should be null. use. Nobody of intelligence, I believe, now contends tnat Kellogg was Now, Mr. Chairman, if it can be shown that such a state of affairs in possession of the ~overnor's office by legal title. The Senilote Com­ existed in considerable portions of Louisiana as that the fair sense of mittee on Privileges and Elections, in their elaborate investigation its people was not taken, then let us pronounce the late election in- and report of the matter, decided that Kellogg certainly had no legal effective and invalid, on the ground it was not full and free. But claim, that McEnery, if any one, wa-s de jure governor and would have there is neither reason nor safety in the proposition that a qualified been peaceably installed in the office but for the illegal intervention voter who legally casts his vote shall be disfranchised becanse some of a Federal judge supported by Federal bayonets. The House com­ other voter, for any cause, fails to exercise his right. To purge the mittee unanimously concur in the opinion. Since, then, all govern­ ballot-box of illegal ballots, when possible, is competent to the ments derive their just powers from the consent of the governed, and proper authority, butto throw out a portion of legal ballots andcer- since the Kellogg government wa"3neither created nor existed by the tify the rest as the collected sense of a people of a State is a mon- act or consent of the people of Louisiana, it had no just powers. This strous usurpation. Sir, I protest that the appointment of presiden- must be true, or the Declaration of Independence is a lie and Wa-sh­ tinJ. electors is the act of the majority of the whole body of the qual- ington was both rebel and traitor. The people submitted to it under ified voters of a State who exercise their franchise right, and that, if the compulsion of superior force. But submission is not consent. in fifteen parishes of Louisiana the people were denied the free ex- They would long since have overthrown it, and would to-day over­ pression of their will and excluded from all voice in the election, then throw it, but for the misapplied power of the Federal Goverment, the election is invalidated a.s completely ae though the same condi- which set up the usurpation by fraud and maintained it by force. Of tion prevailed throughout the entire State. this usurpation the returning board is a part. Neither the governor Suffrage, sir, in its perfect estat-e is where the suffragists give their in possession nor the board were the qualified stewards of the authority votes without thought of persona.! interest, fear, or favor, solely with of the State, nor has the act of the one or the seal of the other any char­ intelligent concern for the common weal. But where is this ideal acter of legal sacredness. The Senate refuses Mr. Pinohback his seat, suffrage realized f Nowhere. In every contested election, in every though his certificate of election is in due form under the seal of the State, the arts of intimidation, inducements of gain, threats of harm, State, because of the illegal constitution of the body that elected him. and (by the lawless-minded in communities where the public author- Why may not Congress go behind the formal certificate and inquire lties are imbecile to maintain order) violence and outrages are used if the electors who assume to vote for President and Vice-President to control voters through their self-interest, cupidity; ambitions, and are qualified by due election and eligibility under the Constitution to fears. I doubt if there is a single poll in the Union wholly virgin of discharge the office t And, suppose, upon full consideration of the these influences. '!'hey are the most powerful where the voting pop- law and the testimony, it appears to a clear demonstration that the ulation is the least enlightened and the local government the least Tilden electors in Louisiana were fairly elected and by willful fraud capable. Deplore the fact as we may, it is nevertheless the inevita- or legal error the Hayes electors were certified as elected and formed ble incident of our system of universal su:ffrage. And doubtless, in and acted a-s an electoral college, is there no power of remedy left ns, my mind, these evils exist in rankest luxuriance in the State of Louisi- and must full effect and validity be given to their action T Take, ana; not that the body of the people there are ill-disposed to law and also, the Florida case. The republican canvassers of that State­ order and the refinements and pbilan thropies of civilized life, but due, worthy fellows of the Louisiana ilk-by similar illegal warrant stole sir, to the utter imbecility o£ the government to en£orce the authority the State government offices and the congressional seats. That of the laws and keep the public peace. Crime is unpunished and plunder they have been obliged to relinquish to the rightful owners. thrives on immunity; the courts and officers of the law give no pro- Should it appear on investigation that they also stole the electoral col­ taction to life, limb, or property; and society to save itself from utter lege, is there no power anywhere to compel them to disgorge that toot anarchy submits to the irresponsible charge of vigilance committees Mr. Chairman, I affect no skill toresolveniceproblemsof constitu­ and bandsofrogulators. Threethousandmurders,theytell us, within tional construction, and I wish to speak withdue modesty. I rever­ a decade, and not a murderer brought to justice! What a government ence established legal fonns, which I recognize a-s the body of liberty, must that be under whose rule such things are possible; how un- without which its spirit is but riotous license in human affairs. But worthy of respect, how fruitful of disorder. it seems to me incredible, in the case supposed, that no method is Now, Mr. Chairman, the election of the 7th of November in Lonisi- admissible bywhich,consistentwithessentialformsof law, the wrong ana was held under these conditions: The registration of voters was ma.y be redressed to the extent at least of a rejection of the false re­ made by republican officia]s, and therefore no advantage was given turn. The consummation of so gross an outrage upon the purity of to democrats in the registry lists; the officers who had charge of the elections would shock the moral sense of the country and seriously ballot-boxes were all Kellogg's appointees; the republicans had at disturb public confidence in the sufficiency of an elective system in­ their command for the preservation of order and the protection of the capable of its own defense in a vital part. This question, sir, is not ballot the police power of the State, the processes and instruments of the exclusive property of the lawyers. The "plain people" are ca­ t he courts, both State and Federal, and close at hand, ready at need, pable of an intelligent opinion upon it, and, in the end, are jury and the military forces of the United States. The election at every poll judge was peaceable and without any dem~nstration of violence. With all Th~ Constitution provides that the certificates showing the action the e advantages in t])eir f:1vor the republicans were beaten in the of the State e1ectoral colleges shall be severally sealed, transmitted State by thousands of votes, as shown by the returns of their own · to t.he President of the Senate, and by him kept until he opens them officers of election. Intimidation, was thereT Probably. But, as in in the presence of the two Houses. Is not the obvious and only ob- 1874, the republicans cljd the most of it and profited the most by it. ject of this provision to designate a safe and convenient custody of 'l'hey had all the insignia of power, the possession of authority, dignified the certifica. tes until they are brought within the inspection and con- 1877. CONGRESS!ONAL R.ECORD-HOUSE. 791

' ' trol of Congress, with the inviolate seal testifying to their identity ion of the matter. The judicial temper is rufiled by the political and that they have not been tampered with Y When he has opened storm, and the atmosphere is not serene enough for clear vision. If them his constitutional function is discharged. His specifically enum­ democrats are content to adopt the law of the republican precedent, erated duties are to receive, to keep, to open. By what canon of in­ with what show of consistency, or grace, or integrity ca.n republicans terpretation can a power beyond the enumerated ones be conferred object~ The law, in my judgment, is right; its acceptance is expe­ by implication Y Suppose the constitutional provision, otherwise dient. It will pacify the political situation, disarm public discontent, identical in terms, had named some other person or official as custo· and avert all possible danger to the peace of the country. Of one dian, for instance the Secretary of State, as well might h..'\ve been, matter, Mr. Speaker, I hope we shall b_e scrupulously careful, as of a would it be contended that he, by virtue of his expressly enumerated special trust. The House of Representat.ives, nearest to the people authority, was also to count the votes, adjudicate any contest, and in the Federal order by election and by the nature of its responsibili­ make proclamation of the result 1 I apprehend not. And yet, I can­ ties, owes it to its own dignity and to the people to guard and assert not imagine how the otherwise official character of the custodian can its rightful prerogatives. Let us, sir, wisely know our rights and du­ enlarge or qualify in the least the powers conferred. Were the mat­ ties and fearlessly perform the one and maintain the other; patient ter in doubt, the invariable usaO'e of the Government should settle to counsel, but dauntless in conviction. the question decisively against the claim of right in the President of Both of the national committees of the rival political organiza.­ of the Senate to count the votes. It has uniformly been done by the tions, by their chairmen, have published bulletins to the country two Houses, by their selected agents. Whatever declaration of the announcing the election of their respective candidates; and one of result the President of the Senate makes, he does as the mouth·piece these chairmen, a Cabinet officer, with an air that breathes of threat, of the joint assembly, and the declaration is simply the statement of a.a of one who speaks by authority, proclaims that his candidate wi11 a fact the two Houses have ascertained. Obviously, sir, some an· be put in office. If this merely signifies confidence in the final result, thority must make the count. If not the President of the Senate, it is well; but if it means insubordination to the constitutional au­ then who Y Not the Senate alone or in conjunction with its Presi­ thority which is to adjudge the result, it is ill. The authoritative dent; not the House alone; but the Congress. It is an affirmative decision of the president.ial succession is not rendered yet, nor will it act and requires the concurrence of both branches as fully as a leg­ be until the united voices of the two Houses of Congress shall an­ islative act does. Congress has hitherto asserted not merely its right nounce the election of one or the other candidate, or until in default to count the votes, but has construed its powers in the count itself. of a choice by the electoral colleges an election shall be made by the In the count of the presidential vo~ of 1872 the vote of Louisiana House of Representatives, as the Constitution provides. Whoever wa.s excluded by the concurrent action of both Houses, while the that elect may be, whether Mr. Tilden or Mr. Hayes, he will be our objection of the Senate alone sufficed to exclude the vote of Arkan­ lawful President, and the American people will take heed that he sas, though the House voted to admit it. But, it is objected, this was comes into the full possession and enjoyment of his right. done under the twenty-second joint rule, which is no longer in force. A majority of a quarter of a. million of the voters of the country, Well, sir, a constitutional grant cannot be enlarged or abridged by and a million majority of the voters of the white race, have given any less solemn ordinance than a constitutional amendment. The their swages for Mr. Tilden. He is the po_pular choice for President. rule was a mere piece of parliamentary mechanism contrived for the If Mr. Hayes shall be elevated to the Presidency over him, it will be orderly and decorous performance of a power which existed inde­ the first instance in our history of a minority candidate preferred pendently of it; it could not add to or subtract from the measure of over the choice of the majority. And yet, sir, if that is the legitimate constitutional authority; and if under the rule the power resided in event of the electoral method, and Mr. Hayes is constitutionally elected, either branch of Congress by its negative voice to exclude a vote, the people will freely recognize his right, for they are loyal subjects that power existed as potentially before the adoption of the rule and of the law. But they demand that the determination of the election survives h full vigor its abrogation. Whether the rule is in force shall be md.de by the authority within whose constitutional domain for the regulation of the intercourse of the two Houses I do not es­ the dispute lies. They insist that the question is legislative and ju­ teem of great importance; but its value for our present purpose con­ dicial, and that the executive department in no contingency can sists in that it was a legislative interpretation of the Constitution. have a right to intervene. They will not submit to the military arbi­ By its adoption and practical assertion in three presidential elections, ter. They will not consent to a civil government that holds its tenure Congress has determined and adjudged, and affirmed and re-affirmed of authority by the grace of any martial power such as now makes its judgment, that the count of the votes of the electoral colleges is its muster and lifts its front about the national Capitol. They want by Congress,· not by the President of the Senate or by that officer in peace, but that peace which consists with justice and the dignity of conjunction with the Senate, and that the assent of both Houses as a free form of government. independent bodies is requisite, and the objection of either House is We hear forebodings and even menaces of public violence in the effectual to reject any disputed vote. Further, sir, this interpreta­ fullness of these events. Sir, who is to make the war! It certainly tion was made when the political complexion of Congress was over­ is not within the contemplation of the majority of this House. We whelmingly republican, and under no temptation of a partisan exi­ have no arsenal but the Constitution, no weapons save the ones it gency to falsely construe the law. We may therefore fairly conclude arms us with. There is no power we claim, no act we propose, that it embodied the conscientious judgment of the able lawyers and is novel or unsanctioned by use. The entire scripture of our preroga­ statesmen who sanGtioned it. No serious doubt of its correctness tive is written by the republican pen in the fresh records of public seems to have arisen unt~ the reversal of the partisan majority in history. Our battle is waged under the identical standards of law the House of Representatives. Where precedents conflict, the later our opponents have set up. Will they desert their flag f The are superior in weight of authority; but here is no conflict; the chain people represented by the majority here, relying on the law and their of precedent stretching back to the foundation of the Government is right, have no occasion or desire for revolutionary resorts, and if any unbroken in a single link. Publicists and lawyers have developed attempt is made to set up a revolution they will unite with all good divergent views as to the true constitutional construction and the patriots to put it down. They, sir, do not make revolution who abide boundaries of power, but the practice of the Government has been by accepted interpretatiofi.a of law and pursue the methods approved inv::triable. Always the two Houses, by concurrent action, have set by usage. The revolutionists are they who in political crises insist up and managed the machinery of the count. Whatever the function upon the overthrow of established determinations of lawful preroga­ is, ministerial or judicial, the Congress has assumed and executed it. tive and ust1ges of government, and seek to set up a new authority by In all cases of controverted votes that have arisen, those anterior to usurpation and force. We propose no revolution, and will consent to equally with tho e under the joint rule, the Congress took jurisdic­ none. Nor will the people submit to one. tion as of obvious right and without challenge, and in each instance I share in no apprehension of war or its semblance. To admit its the determination of the matter was made by the two Houses, each possibility is to doullt the public spirit, judgment, and integrity of acting in its separate capacity as a unit of authority. Not only has the men in charge of the several departments of Government, and, the President of the Senate never asserted the right in himMelf, and what is more difficult yet to a lover and disciple of the Republic, to always disclaimed it when the question arose, but the uniform prac­ doubt the rectitude and power of the enlightened and robust public tice, utterly inconsistent with such a right, is an absolute denial of opinion of the country, before whose majesty the strongest partisan it. If, as is contended by some, the Constitution is guilty of a casus must subject his purpose. But while so confident of peace and the ontissus in the matter of the count, so that the duty to count devolves capacity of lawful agencies to conduct the nation safely through its on no one, it is only the law-makin~ power can supply the omission, difficulties, I enter an indignant dissent from the doctrine-unworthy and that has been accomplished by e1g~ty years of Government usage, of citizens and freemen; fit only for subjects and serfs-of peace at thereby acquiring the force and valiaity of law. I do not think Con­ any cost. Public order is much ; the public liberties are more. So gress, had it the powm:, should abdicate its proper authority in favor thought and felt the fathers who fought a seven years' war to main­ of any anomalous tribunal unknown to the Constitution. Certainly tain their right to be governed by laws of their own ordination and not now, when the composition of such a tribunal must be governed by rulers of their choice. So think and feel their worthy descendants by sinister calculations of partisan chances and interest, rather than and inheritors of their blood-bought estate to-day, who celebrate by: a conscientious regard for righteous results. Far better, it seems their renown and inherit their virtues and free spirit. The American to me, t.o settle the present contest by the established precedents which people, sir, do not forget the caution of wisest lips of patriotic coun­ have sett.led former like contests, and leave provision for future ex­ sel, that" eternal vigilance is the price of liberty," and they also bear igencies, if. any be needed, to be made in a time of political tranquillity in faithful and brave hearts the knowledge that the safety of their when selfish interests and partisan passions shall not be present to liberties lies in their constant readiness to defend them to the last mar right counsel. extremity of resistance to aggression. They will not betray the free Now, sir, why not follow the trodden path, accept the construction instincts of their race, nor sllame the proud memories and traditio~ and act upon the precedent! The time is not seasonable for a revis- of their great history. 792 CONGRESSIONAL RECORD-HOUSE. J.A.NU.A.RY 20,

:Mr. Chairman, the remarks I have submitted were meditated before · Corrupt elections are no new thing under the sun. From the time the report of the joint committee on the subject of the electoral count of the consular republic o.f Rome to the last election in New Or­ waa made; and I wish to add that while the views I have expressed leans, it has been so. Everybody knows that corrupt elections are are my convictions of the proper treatment of the situation by this as old as the history of republics. Why, then, all this howling about body of representatives of the people in the execution of its consti­ corrupt elections at theSouth f Was there no such thing ever heard tutional trust, I do not wish to be understood as antagonizing the of before f My colleague knows perfectly well that never on the measure which that committee submits as the best product of their face of the earth, since the name of republic was heard, have there been . wisdom. It comes to us with a sanction of ability and patriotism more shamefully corrupt elections than he and I have both submit­ that compels great deference. It appeals strongly to the anxioU's ted to in the State and city of New York. Every attempt to make hope of the collntry for peace and order. I reserve an expression of the American people or the world believe that there was anything opinion upon it until further discussion of its provisions. exceptional in the corruptions which have happened in this last pres­ Mr. CHITTENDEN. If I have made a fair count, two hundred and idential election, when made by an intelligent man, is insincere and one of the two hundred and ninety-two members of this body have untruthful, and designed to mislead. . studied law, leavin~ ninety-one to represent all other professions, in­ Now a word further and I will stop, for I have already said a great cluding the immediate Representatives of the colored race. It is not deal more thah I intended to do when I rose. I wish to be under­ until very recently, Mr. Chairman, that I have discovered that the stood. I believe that the latest elections in at least three of the South­ occupant of the chair is not a lawyer, and I hope there is no great ern States were an absolute farce. I do not think there is any other impropriety in my making mention of this for the encouragement of word to express it. I believe that must be the :final conclusion of the other ninety lay members of this House. It is not my intention, every fair-minded man. I believe that the leaders of both parties did .Mr. Chairman, in the few observations I have to make to disparage all they could to carry their tickets, and the result was what I have the great profession. On the contrary, I bow to it with reverence stated, and according to the forms of law Hayes and Wheeler have and respect; but, Mr. Chairman, I do not doubt that the legal mem­ been elected President and Vice-President of the United States. And bers of this House are entirely competent and equipped to discuss the I claim and sincerely believe that all the advantages offair considera­ great constitutional questions which now agitate the country, includ­ tion are in favor of their inauguration ; the cheating on both sides ing the status of the Louisiana returning board and the horrible con­ having been so absolutely universal that it is1mpossibleforanybody spiracy which my colleague, Mr. WILUs, this morning so vividly re­ to determine where the real truth lies. I venture to say that there vealed to us on this side of the House. is not a candid gentleman on either side of the House who sitting by I say I have no doubt that the legal members of this body are my fireside will not admit most"if not all that I claim. fully prepared to discuss these questions to the end of the session Well, now, sir, it is worse than boy's play; it is a crime for us t.o or the century without coming to any practical conclusions thereon. threaten to tear this country to pieces or to mar or to destroy its ma­ It is the easiest and most natural thing in the world that lawyers terial interests under such a condition of things for either party. I should love to discuss such questions and become intensely interested moreover wish to confess myself, according to the doctrines preached in them, and the people are within certain limitations necessarily by my colleague this morning, a conspirator. I am a conspirator, if and always interested in· them. God forbid I should here or else­ his conspiracy exists, and while I do not court anything disreputable, where undervalue these discussions within proper limitations. But I think I can stand his indictment. If I understood him, he included I say, Mr. Chairman, that the people of this country at this hour do among the conspirators those who believe that the President of the not enjoy these eternal diatribes, for reasons which may occur to any Senate ha.s a right to count the electoral vote in case of need. But gentleman who will take the trouble to consider the true condition of I am not going into that question ; it is happily now in abeyance, the country. Scourged by war and debt, sunk to the deepest pit of and I am not disposed to prolong the discussion in regard to it for commercial and ·political demoralization, by reason of a genuine con­ one moment to-day. spiracy, which culminated in the wickedest rebellion in all history, But I wish to say this much about it: if any dozen members of this to which my friend did not allude, the people of this country cry to­ House were to meet together to-night to frame a rule of action for day for wise and temperate counsels, for patriotic and practical states­ every morning of this year, we should probably conform our action manship to lift them from a horrible pit to a better national life. to-morrow morning, especially if it referred to an important matter, to I wish to say to my colleague, who addressed the House in a very the strict meaning of the rule adopted over night. Nobody will deny elaborate speech this morning, that if I understand the popular that. And it will forever remain in the archives of the Government thought and heart of the country, the priceless boon which the peo­ that the framers of the Constitution, when they came to interpret their ple craved in thoso hours and days of supreme peril, now in my judg­ own words in regard to counting the electoral vote for the first time, ment ~appily passed forever, were voices of genius and patriotism, elected a President of the Senate, there being no Vice-President, for which, ringing through these halls, should be heard in every hamlet the sole purpose of counting the vote, and it was in that way that and city in the land, speaking light and peace to the dark currents the :first President was elected. I think the framers of the rule knew of party spirit. better what they meant by it than we know. It is nearly or quite Sir, let us not deceive ourselves. The people thank God for there­ certain. that their proceedings in the :first instance were in strict har­ port of the joint committee made the day before yesterday. The mony with their purposes in the language employed. That, however, mass of the people will confirm that report with a unanimity which is a question that can never be settled. has scarcely been matched since the election of Washington to the [Here the hammer fell.] , Presidency in 1789. The spirit and conclusion of that report will, The CHAIRMAN. The time of the gentleman has expired. unless I am entirely mistaken in regard to the popular sense, sweep Mr. HOLMAN. 1 ask that the bill be now read by paragraphs for and control the popular judgment of the people of this country as amendment. fire driven by the wind sweeps and burns the browned and parched Mr. MILLS. I move that the committee now rise, in order that pra.iries of the West in autumn. I hope, l\Ir. Speaker, that the voice the gentleman from Massachusetts [Mr. SEELYE] may have an oppor­ of the people will be listened t<>. I hope that the cry of the people tunity this afternoon to make his speech. I think it is but fair and from the North, ana from the South, from the East and from the West, right, after so many speeches have been made by others, that he should for better politics will be listened to. It must be listened to, or our now have the privilege of addressing the House. institutions are gone. We have descended as far as we can go. We Mr. HOLMAN. Of course, if he desires to do so now. have to look upward, to act upward, not in the spirit of partisans. Mr. BURCHARD, of illinois. Of course not. I say it without. any disrespect-not in the uncharitable spirit my Mr. SEELYE. I certainly do not wish to address the House at good friend and colleague [Mr. WILUS] manifested this morning, in this time. broadly intimating that the party of this side of the House and all Mr. MILLS. Then I withdraw my motion. who believe as I do in the election of Hayes and Wheeler are con­ The Clerk then proceeded to read the bill by paragraphs for spirators. Let us have done with all such stuff. Let all hard words amendment, and read the following : be dropped. We have had partisanship enough. The people of the OSAGES. • country will not be misled by such nonsense. They think and 210t, For interest an $00,120, at 5 per cent. per annum, being value of fifty-four soo­ and will expect and compel us to act, on principles of eternal justice tions of land set apart by treaty of J nne 2, 1825, for educational purposes, per Sen. ate resolution of January 9, 1f:tJS, $3,456. in regard to this matter, now soon to be settled. For interest on $300,000, a.t 5 per cent. per an.nnm, to be paid semi-annually, in lli. Chairman, I rejoice to believe that we are now upon the edge money or such articles aa the Secretary having jurisdiction of Indian affairs may of a new revelation, that we are at the day-break of better times. I direct, aa per first article treaty of September 29, 1865, $15,000. , think that the intelligence and patriotism of the people rule the Mr. WELLS, of Missouri. I rise to amend by inserting after the hour and that every man who dares to stand here in his place and paragraph just read that which I send to the Clerk's desk. speak the words or make the motions of a partisan will be reprovedj It The Clerk read as follows : should be so i i~- must be so. God grant that this House shall have That the Commissioner of Indian Affairs is hereby authorized to expend for the the wisdom, s.ba.Jl have the patriotism to dispose of this question and subsistence and civilization of the Osage Indians, out of funds belonging to them to dispose of it in the manner proposed by this joint committee. Let now in the Treasury of the United States, $100,000, of which a.monnt not over one­ us not forget that the people who framed our Constitution never fifth shall be paid to the said Indians per capita.. dreamed of fonr millions of slaves being suddenly liberated and en­ The amendment was agreed to. franchised; they never dreamed of such a contingency as we have The Clerk read the following in relation to the Pawnees: been compelled to grapple with. We have been drifting here with­ For this amount, or so much thereof as may be necessary, for teachers and fuel, out chart and without compass, so to speak. No man will claim tha.t books and stationery, for schools, $3,000. there is anything in the committee or anything in the laws which Mr. WELLS, of Missouri. I move to amend by inserting after the frovides for such an exigency as has now come upon the eountry. pa.ragraph just read that which I send to the Clerk's desk. 1871. . CONGRE-SSIONA.TI · RE.ODRD-HOUSE~ 793

t.;,; : \ I The Cfer:K:' read as follows :· era of Alabama claims;' which was referred· to the 6ommittee on the That so much of the appropriation under the third· article of the treaty with the Judiciary, and ordered to be printed• . Pawnee Indians of September 24, 1859, made in the act of August 15, 18761 appro­ CONTRACTS BY WAR DFtPARTMENT BUREAUS .. priating for the Indian service for the year ending June 30, ld'77, a.s proVIdes for the support of two manual labor schoolS for the Pawnees, ·as remains unexpended, The SPEAKER also, by unanimous consent, laid before the Hpuse is hereby made available for the building o:f a school-house at the Pawnee agency; a letter from the Secretary of War, transmitting a statement of con-: and so much of the act aforenamed as provides for the supervision of the Cherokee schools by the superintendent of common schools of North Carolina, and payment tracts made by the bureaus of the War Department for the year 1876 ;t of salary to him for the service, is hereby repealed. which was referred to the Committee on Appropriations. The amendment was agreed to. JAMES T. LEARY. Mr. TOWNSEND, of New York. I move that the committee now The SPEAKER also laid before the House a letter from the Secre·· rise .. tary of War, transmitting a report of the Adjutant-General on theJ Mr. HOLMAN. I hope tho gentleman from New York [Mr. TowN­ bill (H. R. No. 1746) for the restoration to the retired list of James T~ SEND] will permit us to proceed with this bill at loa-st until five Leary, late of the United States Army; which was referred to the; o'clock. · Committee on Military Affairs. Mr. TOWNSEND, of New York. This is Saturda.y afternoon, and PRESIDIO RESERVATION, CALIFOR1\'IA., we must prepare for the Sabbath. We have heard a great many good speeches to-day, and I hope the committee will now rise. The SPEAKER also laid before the House a letter from the Secre­ Mr. HOLMAN. I hope the gentleman will net insist on that motion. tary of War, transmitting a report relative to the bill (H. R. No. 1301 )! Mr. TOWNSEND, of New York. I want to prepare for the Sa.bbath. authorizing the use of a portion of the Presidio reservation, Cali; Mr. HOLMAN. It is very necessary that we should get on with fornia; which was referred to the Committee on Military Affairs;. these bills. FORT UNION MILITARY RESERYATION1 NEW MEXICO. Mr. MILLS. There is a portion of this bill upon which l desire to The SPEAKER also laid before the House a letter from the Sec­ be heard. Ail there are documents and p::tpers which I wish to use in retary of War, transmitting a report of the Adjutant-General on the) my remarks, and as those documents are at my room, I hope the com­ bill (H. R. No. 4304) to secure title to Fort Union military reservation! mittee will now rise, and that the gentleman from Indiana [Mr. in N~w Mexico; which was referted to the Committee on Military' HoLMAN] will not insist upon completing the consideration of this Affall'S. bill this evening. PAY' OF ACTING PAYMASTER. Mr. HOLMAN. I desire to say that it is going to be exeedingly The Speaker also laid before the Honse a letter from the Secretar~ difficult to have these appropriation bills prepared and got before this of War, transmitting a report of the Adjutant-General in reference House and before the Senate in time for final passage during the pres­ to the pay of brigadier-general for the office of Payma,ster-General ; ent session of Congress. which was referred to the Committee on Military Affairs. Mr. TOWNSEND, of New York. I will yield to the wishes of the gentleman from Indiana, who I know is engaged in service upon these JAMES B. EADS. appropriation bills, the passage of which are very important to the The Speaker a1so laid before the House a letter from the Secretary Government. of War, transmitting, in conformity to the river and harbor act of Mr. HOAR. I would suggest to the gentleman from New York March, 1875, a settlement in favor of James B. Eads; which was re­ [Mr. ToWNSEND] that the best-way to prepare for the Sabbath is to ferred to the Committee on Appropriations. obey the commandment, six days shalt thou labor and do all thy El\IPLOYES IN WAR DEPARTMENT. work. [Laughter.] The SPEAKER also laid before the House a lette:~; from the Secretary Mr. TOWNSEND, of New York. AB we have spent most of this day of War, transmitting the reports of clerks and employes in the War· in doing nothing whatever but listen to partisan speeches, I think we Department during the year 1876; which was referred to the Com=­ have already violated the commana so much that we should prepare mittee on Appropriations. for repentance. [Laughter.] Mr. WELLS, of Missouri. We have been doing so well for the last PA.PERS IN THE INTERIOR DEPARTMENT, half hour that I hope we will be allowed to proceed with the bill. The SPEAKER also laid before the House a letter from the Secre­ Mr. HOLMAN. I understand that the motion of the gentleman tary of the Interior, recommending the enactment of a law to pro­ from New York [Mr. TOWNSEND] is withdrawn. vide for the furnishing of papers on file in that Department; which The CHAIRMAN. The motion is withdrawn, and the Clerk will was referred to the Committee on the Judiciary. proceed with the reading of the bill by paragraphs for amendment. JACOB F. RUTH. The Clerk resumed the reading of the bill. Mr. MILLS. It is now near five o'clock, and I move that the com­ :Mr. SMITH, of Pennsylvania, by unanimous consent, introduced a mittee rise. bill (H. R. No. 4480) granting a pension to Jacob F. Ruth, late a pri­ Mr. HOLMAN. Let us go on till five o'clock. vate in Company I, Fifth Regiment Pennsylvania Heavy Artillery Mr. MILLS. w ·ill the gentleman agree that when the paragraphs Volunteers; which was read a first and second time, referred to the relating to the Sioux are reached they may be passed over, to be con­ Committee on Invalid Pensions, and ordered to be printed. sidered when the committee shall again sit f WITHDRA.W A.L OF P .A.PERS. Mr. HOLMAN. Yes, we agree to that. Mr. SAVAGE, by unanimous consent, obtained leave for the with­ The Clerk again resumed the reading. drawal from the files of the House of the papers in relation to the Mr. DURHAM. I move that the committee rise. We cannot get claim o~ Amanda Stokes, no adverse report having been presented. through to night anyhow. ARREARS OF PENSIONS .. Mr. HOLMAN. I trust that the gentleman will allow us to con­ tinue till five o'clock. Mr. REA, by unanimous consent, presented a petition of 72 citi­ Mr. DURHAM. I want to go home. zens of Buchanan and Andrew Counties, in the State of Missouri, Mr. HOLMAN. I hope that the gentleman will not insist on his asking for the passage of an act allowing pensioners the arrears to motion. which they wonld be entitled by a removal of restrictions and to Mr. DURHAM. I do insist upon it. allow pensions from date of discharge; which was referred to the The motion was agreed to. Committee on Invalid Pensions, and ordered to be printed in the The committee accordingly rose; and the Speaker having resumed RECORD, as follows: the chair, Mr. HATCHER reported that the Committee of the Whole We, the undersigned, do most eal'I!estly urge upon Congress the passage of the act allowing pensioners the amount of arrears to which they would be entitled by on the state of the Union had had under consideration the bill (H. R. a removal from the statutes of the unjust limitation which has debarred them from No._4452) making appropriations for the current and contingent ex­ receiving their just dues,. and that they shaJ.l be entitled to receive in all cases pen­ penses of the Indian Department, and for fulfilling treaty stipula­ sions from date of discharge of the soldier; that a limitation acto£ the kind in force tions with various Indian tribes, for the year ending June 30, 1878, is unjust and that the representatives of the people had no right to take advantage of the accidents and incidents which have occUlTed in many ways, to prevent those and for other purposes, and had come to no resolution thereon. who have made the most extreme sacrifice for the country from receiving the full MESSAGE FROM THE SENATE. mea.sure of justice to which they are equitably entitled. A message from the SenateJ. by Mr. SYMPSON, one of its clerks, in­ , Mr. HOLMAN: I move that the House now adjourn. formed the House that the ~::senate had agreed to the report of the ' The motion was agreed to; and accordingly (at four o'clock and committee of conference on the disagreeing votes of the two Houses fifty-five minutes p. m.) the House adjourned. upon the bill (H. R. No. 4307) making appropriations to supply cer­ tain deficiencies in the contingent fund of the House of Representa­ PETITIONS, ETC. tives, and for other purposes. The message further announced that the Senate had passed, and The following petitions, &c., were 'Presented at the Clerk's desk requested the concurrence of the House in a bill of the following under the rule, and referred as stated : title: By Mr. BANNING: The petition of Herman Levi & Co., of Cin­ cinnati, Ohio, for the repeal of the bank-tax.law, to the Committee on A bill (S. No. 1034) for the relief of Louis Rose. Banking and Currency. COM"mSSIONERS OF ALABAMA. CLAIMS. By Mr. BLAND : The petition of citizens of Missouri, for cheap The SPEAKER laid before the House a message from the President telegraphy, to the Committee on the Post-Office and Post-Roads. of the United States, transmitting, with accompanymg papers, a re­ By Mr. CANNON, of Illinois: The petition of B. J. McMullen an£1 port from the Secretary of State relating to the court of commission- other citizens of Illinois, that arrearages of pension be ::tllowed pen- 794 CONGRESSIONAL RECORD-SENATE. J .ANU.ARY 22,

.sioners from the date of their discharge from the Army, to the Com­ June, 1876, duly elected, in conformity to the provisions of the Constitution and laws of the United States and the State of New Hampshire, a Senat~r to represent mittee on Invalid Pensions. the State of New Hampshire in the Sena.te of the United Sta,tes for the term of six By Mr. CAULFIELD : The petition of the Chicago Historical Society, years, commencing on the 4th day of March in the year of our Lord, 1877, and on for the purchase by the Government of the papers of the General Count the 21st day of said June, at twelve o'clock m., the members of the said two houses de Rochambeau, the commander of the French forces in the revolu­ being convened in joint assembly, and the journal of each house being then read. and the said Edward H. Rollins having been found to have received a majority of tionary struggle for national independence, to the Committee on the the votes in each bouse, was declared duly elected Senator as aforesaid. Witness his excellency Person C. Cheney, governor of New Hampshire, and our Li~;~. COX: The petition of Robert .Fenwick! th~t aid be giv~n seal hereunto affixed. at Concord, this 14th day of July, in the year of our Lord by Congress to the public schools of Washmgton, D1stnct of Columbia, 1876, and of the Independence of the United States of America the one hundred and.first. · to the Committee for the District of Columbia. P. C. CHENEY, Governor. By Mr. CUTLER: The protest of citizens of New Vernon, New By his excellency the governor. Jersey, against the assumption by the President of the Senate of the B. F. PRESCOTI', power of counting the electoral votes, to the committee on counting Secretary of State. the electoral votes. EXECUTIVE COMMUNICATION. Also, the protest of citizens of Green Village, New Jersey, of similar import, to the same committee. The PRESIDENT pro tempare laid before the Senate a letter of the By Mr. FORNEY: The petition of A. C. Copeland and other citi­ Secretary of War, transmitting, in compliance with a resolution of the zens of De Kalb County, Alabama, for cheap telegraphy, to the Com­ Senate of the 19th instant, a copy of a report of Lieutenant-Colonel mittee on the Post-Office and Post-Roads. Q. A. Gillmore, Corps of Engineers, on a water line of transportation By Mr. FRYE: The petition of Ann F. Greely, William 0. McDon­ from the mouth of Saint Mary's River to the Gulf of Mexico ; which aJd, and others-78 men and 70 women-148 citizens of Maine, for a was ordered to lie on the table and be printed. sixteenth amendment to the Constitution of the United States pro­ PETITIONS .AND MEMORIALS. hibiting the several States from disfranchising United States citizens The PRESIDENT pro tempo·te presented the following communica­ on account of sex, to the Committee on the Judiciary. tion; which was read and ordered to lie on the table: By~ Mr. GOODIN: Papers relating to the claim of Dennis McCarthy . CmcAGO, ILLINOIS, Janua,ry 22, 1877. for arrears of pension, to the Committee on Invalid Pensions. Ron. T. W. FERRY, By :Mr. KASSON: The petition of citizens of Iowa, for the removal President of the Smate, Wa.shingttm : of the excessive taxation on banks, to the Com.mi ttee on Banking and I am instructed to communicate to yon, and to respectfully request that yon will lay: before the Senate the following, adopted by this board on Saturday last, to Currency. Wlt: By Mr. PLAISTED: The petition of Harlan P. Sargent and 39 citi­ Resolved, That the Board of Trade of the City of Chicago, representing largely the zens of Brewer, Maine, for the purchase by the United States of tele­ commercial and manufacturing interests of the Northwest, and without distinc­ graph lines for postal, military, and other purposes, to the Committee tion of political parties, heartily approves the report of t.he joint congressional committee for the final determination of all questions as to the late election of on the Post-Office and P.ost-Roads. presidential electors and the counting of their votes. By Mr. POWELL : The petition of .R. R. Little and 30 other citi­ By order of the board. zens of Tunkhannock, Wyoming County, Pennsylvania, for tb.e adop­ CHAS. RANDOLPH, Secretary. tion of measures for the amicabl6 adjustment of the present political The PRESIDENT p1·o tempore presented a memorial of the General difficulties, to the eommittee on counting the electoral votes. Assembly of Colorado, in favor of an appropriation by Congress for Also, the petition of Thaddeus W. Hunter and 149 others, that the establishment of a military wagon-road from White River agency, pensioners be allowed arrears of pension from the date of their dis- Summit County, to Hot Sulphur Springs, Grand County; which was charge from the Army, to the Committee on Invalid Pensions. . referred to the Committee on Military Affairs. By Mr. TURNEY: The petition of citizens of Greene County, l\!r. WINDOM. I present a memorial of a large number of soldiers Pennsylvania, for the enforcement of the provisions of the act of July of the Mexican war, respectfully calling the attention of the Federal 24, 1866, relating to the purchase of telegraph lines by the General Government to the fact that as one of the results of their service in Government, to the Committee on the Post-Office and Post-Roads. connection with the regular and volunteer Army we acquired the : By Mr. VANCE, of Ohio : The petition of Smith Partingale and 41 golden State of California and the Territory of New Mexico and set­ others, that pensioners be allowed arrears of pension from the date of tled the boundary of Texas, and that some further recognition of such their discharge from the Army, to the Committee on Invalid Pensions. service is due the few survivors of that war after a lapse of twenty­ • By Mr. WALSH: The petition of Rev. Thomas Scott Bacon, that seven years. They therefore "petition your honorable body that we Congress refuse to recognize the pretended State government of the may be placed upon the pension-rolls of our country." I move that usurpers in Louisiana; that such wrongs to the people of Louisiana the petition be referred to the Committee on Pensions. may be prevented in the future as have been perpetrated in the past The motion was agreed to. by civil and military officers of the United States; that the perpe­ 1\Ir. CHil,FEE presented the petition of Alida C. Avery, N. W. trators of past wrongs who may be reached by impeachment may be Smith, and others-15 men and 12 women-27 citizena of the State of punished; and that tbe newly-elected President may be installed and Colorado, praying for a sixteenth amendment to the Constitution of maintained as such in spite of any fraud or force which may be used the United States prohibiting the several States from disfranchising to prevent it, to the Committee on the Judiciary. United States citizens on account of sex; which was referred to the • By Mr. A. S. WILLIAMS : Resolutions of the Board of Trade of De­ Committee on Privileges and Elections. troit, Michigan, composed of members of both political parties, and Mr. WRIGHT. I am requested to present the petition of 0. W. representing the business interests of that city, communicated by Garrison and a large number of citizens of Iowa Falls, Iowa, com­ telegraph, expressing satisfaction with the report of the joint com­ plaining of the unjust limitations of the present law touching pen­ mittee on counting the electoral vote for President and Vice-Presi­ sions, and praying for relief. As the subject bas been reported upon, dent of the United States, and declaring that it receives the support I suggest that the petition lie on the table. of the commercial classes without regard to party, to the select com­ The PRESIDENT pto tempote. The petition will lie on the table. mittee on the privileges, powers, and duties of the House of Repre­ l\!r. CAMERON, of Wisconsin, presented the petition of Lavinia sentatives in counting the electoral vote. Goodell, Mathilde Franceske Anneke, Carl Doerflinger, and others- Also, the petition of Joseph Lovanger and 60 other citizens of 213 men and 264 women-477 citizens of the State of Wisconsin, pray­ Brownstown, Michigan, that pensioners be allowed arrears of pen­ ing for a sixteenth amendment to the Constitution of the United sions from the date of their discharge from the Army, to the Com- States prohibiting the several States from disfranchising United mittee on Invalid Pensions. . States citizens on account of sex; which was referred to the Com­ 1 By Mr. WILSON, of Iowa: The petition of H. T. Bassett and others, mittee on Privileges and Elections. of Blairstown, Iowa. for cheap telegraphy, to the Committee on the Mr. KERNAN presented the petition of Jesse Howell, of New York, • Post-Office and Post-Roads. a sea-faring man, praying compensation out of the fund known as the Geneva award for loss and damages sustained by him by the destruction of an American vessel of which he was an officer by the confederate cruiser Florida; which was referred to the Committee on the Judiciary. IN SENATE. Mr. BURNSIDE presented the petition of Catharine Cornell Knowles, l.IONDAY, January 22, 1877. John C. Nichols, and others-56 men and 70 women-126 citizens of the State of Rhode Island, praying for a sixteenth amendment to the Prayer bJ the Chaplain, Rev. BYRON SUNDERLAND, D. D. Constitution of the United States prohibiting the several States from The Journal of the proceedings of Saturday last was read and ap­ disfranchising United States citizens on account of sex; which was proved. referred to the Committee on Privileges and Elections. CREDENTIALS. Mr. SHERMAN presented two petitions of citizens of O~io, praying the modification of the pension laws so as to allow pensiOners tore­ The PRESIDENT pro tempore laid before the Senate the following ceive pensions from the date of discharge of the soldier; which were certificate ; which was read and ordered to be filed : ordered to lie on the table. STATE OF NEW HAllPSHIRE, Erucutive Department. Mr. ALLISON. I present a petition signed by a larg~ number of .To all to whom these presents sluiF. come, greeting : citizens of Iowa, praying for an amendment to the pensiOn laws al­ Know ye, that Edward H. Hollins, of Concord, New Hampshire, was, by the con. lowing pensioners the amount of arrears to wh~ch t~ey.wo~ld be ?n­ current vot~s of tlle two houses of the Legislatnre of tllis State, on the 20th day of titled by a removal from the statutes of the unJUSt limitation whwh