, .. 2534 CONGRESSIONAL RECORD-SENATE. APRIL 18,.
IN SENATE. out requiring them to pay in advanc-e, as they have been ordering tb~m up to a. recent time, when the ::ttention of the Congre sional TUESD.A.Y, April 18, 1876. Prmter was brought to the law and te has some doubts about hi right to furnish them in that way. M, r own opinion is that he bas. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. the right; but still I appreciate his desire to act in strict conformity The Journal of yesterday's proceedings was read and approved. with the law. The law reads: RETURN OF A BILL TO THE HOUSE. SEc. 3809. If any person desiring extra cop1es of any document printed at the Government Printing Office by authority of law shall, previous to its being put to The PRESIDENT pro tempore laid before the Senate the request of press, notify the Congressional Printer of the number of copies wanted, and shall the House of Representatives for the return of the bill (H. R. No. pay to him, in advance, the esti.ma.ted cost thereof, and 10 per cent. thereon the 2799) to amend certain sections of titles 48 and 52 of the Revised Congressional Printe:r may, under the direction of the Joint Committee on P~blio Statutes of the United States concerning commerce and navigation Printing, furnish the same. and the regulation of steam-vessels; :tnd, by unanimous consent, the Then there is this provision in one of the general appropriation request wa,s granted. bills of 1875: HOUSE BILLS REFERRED. It shall be lawful for the Congressional Printer to print and deliver, upon the order of any Senator or member of the House of Representatives or Delegate ex The bill (H. R. No. 256) for the relief of Herman Hulman, of Terre tracts from the CONGRESSIONAL RECORD, the person ordering the sam~ paying' the Haute, Indiana; was read twice by its title, and referred to the Com cost thereof. mittee on Finance. It seems to me that this later law covers the other, but if this act The following bills from the House of Representatives were sever shall paRS it will remove all possible objection. I think that no one ally read twice by their titles and referred to the Committee on Pub can object to the provision. The Government has not suffered any lic Lands: thing by trusting the members of Congress. So long as the Congres A. bill (II. R. No. 1765) respecting the limits of reservations for town sional Printer has furnished them under the apprehension that that sites upon the public domain; was the law, there has not been a dollar lost. • A. bill (H. R. No. 1947) granting to the city of Stevens Point, Wis Mr. COCKRELL. I should like to hear the bill read again. consin, a certain piece of land; The Chief Clerk read the bill at length. . A bill (H. R. No. 2110) fortherestorationtomarketofcertainlands Mr. SAULSBURY. I inquire of the Senator from Rhode Island the in the Territory of Utah ; and object of requiring 10 per cent. in addition to the cost upon other A. bill (H. R. No. 3136) extending the time within which homestead public documents furnished to members f entries upon certain lands in Michigan may be made. Mr. ANTHONY. Because that is the existing law, and I diu not MUTUAL FIRE-INSURANCE COMPANY. like to p_ropose a law that should allow members of Congress to have The PRESIDENT pro ternpore laid before the Senate the bill (H. R. documents at lower rates than other citizens. No. 700) to incorporate the Mutual· Pl'otection Fire-Insurance Com Mr. SAULSBURY. That is what is paid for them now by the com- pany of the District of Columbia, returned from the House of Repre munity generally f • sentatives at the request of the Senate; and, on motion of Mr. Mr. ANTHONY. That is what is paid by the community in gen eral; but speeches and extracts from the CONGRESSIONAL RECORD are INGALLs, it was ordered to lie ~n the table. at cost. I think the 10 per cent. on documents should be stricken off PETITIONS AND MEMORIALS. anyhow. I think when we are in the habit of distributing so many Mr. INGALLS presented a petition of citizens of Delavan, Kansas, documents gratuitously, if the people will pay the cost upon them, praying for an amendment of the homestead law so aa·to give patents the Government ought not, poor as it is, to make money out of that to homestead settlers, irrespective of the time of residence, when the transaction; but I did not like to embarrass the bill with anyi!hing homesteader gives proof of·cultivation; which wa.s referred to the which I tbou~ht might delay its passap:e either here or in the other Committee on Public Lands. House. Mr. GORDON presented the petition of J. P. Major, praying the The bill was reported to the Senate without amendment, ordered removal of his political disabilities; which was referred to the Com- to be engrossed for a third reading, read the third time, and passed. mittee on the Judiciary. . Mr. WHYTE presented the petition of Andrew D. Worman, of REPORTS OF COMMITTEES. Frederick County, Maryland, praying. for compensation for cert:tin Mr. MERRIMON, from the Committee on the District of Columbia, supplies furnished to the Quartermaster's Department; which' was to whom was referred the bill (H. R. No. 1256) to regulate the duties referred to the Committee on Claims. of constables and marshals in the District of Columbia where prop Mr. DORSEY presented a petition of citizens.of Arkansas, praying erty is claimed to be exempt from execution, reported adversely there for the e-stablishment of a mail-route from Malvern, in Hot Springs on; and the bill waa postponed indefinitely. Connty, to Lea's Ferry, in Dallas County, in that State; which was Mr. KERNAN, from the Committee on Finance, to whom was re referred to the Committee on Post-Offices and Post-Roads. ferred the bill (H. R. No. 1100) relative to the redemption of unused Mr. ALLISON presented a letter from the Secretary of the Interior, stamps, reported it without amendment. with accompanying papers, relative to the deficiency for the subsist Mr. BOUTWELL. I am directed by the Committee on Finance, to ence of the Southern Apache Indians in New Mexico; which was re whom was referred the bill (H. R. No.1585)toauthorizetheCommis ferred to the Committee on Appropriations, and ordered to be printed. sioner of Internal Revenue to designate and fix the points at which Mr. MORTON presented the petition of W. W. Norris, of Iowa, late collectors and supervisors of the revenue shall hold their offices, to lieutenant-colonel Forty-third Regiment Indiana Volunteers, praying report it without amendment. In connection with this bill I pre ent compensation for services rendered as physician and surgeon in the a letter from the Commissioner of Internal Revenue addressed to the 1·ebel military prison at Tyler, Texas, during the late war; which was chairman of the Committee on Finance of the Senate in relation to referred to the Committee on Claims. abolishing the office of supervisor of internal revenue; which I move :Mr. WITHERS presented a petition of citizens of Virginia and be printed. North Carolina, praying for the establishment of a post-route from The motion was agreed to. Suffolk, Virginia, to Sunbury, North Carolina; which "Was referred Mr. BOGY, from the Committee on Indian Affairs, to whom was to the Committee on Post-Offices and Post-Roads. referred the bill (S. No. 669) authorizing the Secretary of the Interior to set aside a reservation for the Turtle Mountain band of Chippew:l" SALE OF PUBLIC DOCUMENTS. Indians, and for other purposes, reported it without amendment, and Mr. AN'rHONY, from the Committee on Printi:ng. reported a bill submitted a report t~ereon; which was ordered to be printed. (S. No. 749) relating to the sale of the CONGRESSIONAL RECORD and He also, from the same committee, to whom was referred the me other public documents; which was read and passed to the second morial of the Chippewa Indians of Turtle Mountain, Dakota Terri reading. tory, praying for the segregation and confirmation of a certain tract :Mr. ANTHONY. This bill relates merely to the convenience of the of their land to them and that certain provisions be made for their Senate and House, making the law M we thought it was and as I am protection, asked to be discharged from its further consideration ; inclined to think it is now; but the question bas been raised and the which was agreed to. Con~re sional Printer is unwilling to furnish speeches as he has been He also, from the same committee, to whom was referred are olu furrushing them without more authority than the committee can tiou of the Legislature of Minnesota, in favor of the adoption of legis give him. I would like to have the bill read at length and I will ex lation providing for the removal of certain bands of roving Indians plain it. from that State and their settlement upon proper reservations, asked The PRESIDENT pro tempore. The bill will be read the second to be discharged from it.a further consideration; which was agreed to. time at length. Mr. ALLISON, from the Committee onindi.an .Affairs, to whom was The bill was read the second time, and considered as in Committee referred the bill (H. R. No. 2133) to amend section 10 of the act mak-· of the Whole. It makes it lawful for the Congressional Printer to ing appropriations for the current and contingent expanses of the furnish to Senators, Representatives, and Delegates in Congress copies Indian Department for the year ending June 30, 1876, reported it ·Of the CONGRESSIONAL RECORD and e:rlt'acts therefrom at cost, and without amendment. other public documents at cost with the addition of 10 per cent. 1\Ir. SHERMAN. I am instructed by the Committee on Finance, thereon, and to collect the moneys due therefor after the same have to whom was recommitted the bill (S. No. 263) to amend the laws re b~en delivered. lating to legal tender of silver coin, to report it back with: certain Mr. ANTHONY. This bill merely allows Senators, Representatives, amendments. I gi.ve notice that I will call up thia bill on Th~4ay a.nd Delegate in Congre to order speeches or other documents with- if I can get the opportunity to do so. . 1876. CONGRESSIONAL RECORD-SENATE. 2535
some similar measure, may receive your support. Mr. .TONES, a member of the House TAX ON FERMENTED LIQUORS; of Representatives from New Hampshire, has a practical acquaintance with the whole subject, and c:m give y-ou full information thereon. ~Ir. LOGAN. I am directed by the Committee on Finance, to whom We are, very respectfully, your obedient servants, was referred the bill (H. R. No. 522) to define the tax on fermented .JACOB OBERMANN, IQr malt liquors, to report it without amendment, and I ask for its President Brewers' Association of MilwtM.tkee. tpresent consideration. . EMIL SCHANDEIN, Secretary. The PRESIDENT p1'o tempore. The bill will be read for informa Mr: LOGAN. I will say that the bill is merely in aecordance with tion, subject to objection. sections 3337 and 3339 of the Revised Statutes, authorizing the as The Chief Clerk read the bill. sessment of the tax on beer, porter, or ale brewed. The law as it Mr. EDMUNDS. I should like to bear it explained a little, reserv stands now imposes a tax on the quantity in barrels of the article, and ing the ·ri
2536 CONGRESSIONAL RECORD-SENATE. APRIL 18, and collect the tax. This bill does not prevent that, but it only says seem to me that it is very strange that the man himself should be re that he shall not a-ssess the tax on the quantity except in cases of fraud. quired to prosecute a suit all the time to get justice against the Gov Inca es of fraud he may assess the tax on the quantity under the reg ernment, instead of the Government prosecuting the man who has ula,tion. That is the whole of the bill. It is merely to prevent the acted fraudulently. That is the only object of this bill. Commissioner of Internal Revenue from assessing a tax in violation of I will state to the Senator that I have talked with the Commi ioner law. It is a fact, for insta,nce, :ts was read at the desk, that two on this subject, and I will read a letter from him. He does not claim bushels and a half of barley raised in Canada will produce a barrel of that he has a right to a-ssess a tax on this excess of quantity over his beer. Barley raised in the Northwest., at least in some seasons, is not rule. He claims no such right. I had a talk with another gentleman of sufficient heft and weight to produce that quantity, and hence it there who has charge of this matter. They claim no such thing. But requires more in the brewing of a barrel of beer. The Commissioner of course they give no opinion in reference to this question; they does not take into consideration the chamcter or kind of barley used, leave that as a matter for Congress to deal with. They do not claim but he says where they use more than two bushels and a ha.lf they that the law is any different from what I have stated it. I must say must be taxed more. that the letter_that was written looks a little a-s though the re ponsi Mr. DA. vVES. If the Senator will allow me a moment, I see the bility was not desired to be taken in reference to it; but I am satisfied, difficUlty in practice and the need of legislation. I am not opposed from information I have received, and from information that was pre to the legislation proposed, but the existing law was made after con sented and rend before our committee, and inforl)lation that was pre ference with the brewers. I think the brewers did not take into con- sented to the House of Representatives, that this bill is entirely fair ideration this difference between Canada barley and the barley. that and right. A .committee of these men were here, went before the i raised in the Northwest. I think the small quantities of barley House committee or before portions of it-I do not know now exactly raised in the EMt are like the Canada barley. They supposed then how that was, but I am told so-and they talked with me, and perhaps t hat this method which has been adopted wonld be a just method. I with others, in reference to this question, and stated the case just as do not see ho.w the officers are going to ascertain the number of gal they have stated it in the written statement they have made to the lons if you pas this bill. I wish to know whether the committee have Commissioner of Internal Revenue or to the Congress of the United contemplated any method of accomplishing this. l think the views of States. I will read tho Commissioner's letter: the president of the brewers' association would have great weight, TREASURY DEPARTl\ffiNT, OFFICE OF INTERNAL REVE.YUE, and in any fmiher legislation we should confer with these very men Washington, .April13, 1876. jnst as we did when the law originated. Sm: In accordance with your verbal request of yesterday I have examined Hou!>e Mr. LOGA.N. If the Senator will read the bill he will see that it bill No. 522, to define the tax on fermented or malt liquors. · The practice established by my predecessor, Mr. Douglass\ upon information does not affect this regulation in the least particular whatever, ex leading to belief in its correctness, hna been to treat the excess snown by a brewer's cept that it prohibits levying a tax on thn.t quantity and quality material-account above two and a half bushels of malt to the barrel of fermE-nted which is in violation of law. The Commissioner himself will not liquor as representing liquor which was unaccounted for, and to make asse. sment pretend that he has any authority in law for levying the tax in that for the same, without anv further or other imputation of fraud again t the brewer. In the exercise of the duty resting upon the Commissioner to ruake inquiries, de way. terminations, and a~sessments, this use of the brewer's materia.l-accotmt seem to l\Ir. EDMUNDS. I should like to call the attention of the Senator be one not to be overlooked or disre~arded ; and were the proportion of material to from Illinois to a clause in the middle part of the bill, which does the barrel ~f liquor positively established and beyond dispute the rule tated would seem t.o me to go further than the Senator has stated the effect of afford a convenient method of ascertaining and fixing the liability of the brewer. Its reliability as a measure of production hna been, however, strenously denied by this bill to be. I entirely agree with him that there is no authority representatives of the trade. • · in the lfl>w now to tax the material out of which fermented liquor is The purpose of the bill is evidently to preclude a.'3sessments under this rule based made; but undoubtedly the assessor, inasmuch as the law req_uires upon the material used except in cases of fraud. Should it become a law in its the beer-maker to report the amount of his grain and malt used, 1s ex present form I should consider it as preventing assessment swe where fraud is charged to have been practiced, and to be shown either by the reports themselves pected, with a view to see that there is a fair result, to take into con or to be established by other evidence. sideration the circumstance, for instance, that a thousand bushels of Respectfully, barley have been used and only two hundred barrels of beer accounted D. D. PRATT, Oommissioner. for. That appears to be expected under the statute. That is one of Hon. JoHN A. LoGAN, the thingA which the maker of the beer is required to keep for the United States Senate. in.pection of the tax-layer. 'fhis bill says, in the center of it: That is exactly what the bill does mean. It does mean that, except Nor shall the quantity of materials so used or purchased be evidence for the pur in case of fraud, the tax shall not be assessed, but in cases of fraud pose of taxation. it shall be assessed on the material used. There is no pretense that That means, as I take it-I am quite sure it does in point of law there is any law or any authority for this thing whatever. and the Senator will n.gree with me-that it shall not be evidence of The paper already presented states the case briefly and better than any kind for auy purpose in respect of taxation. Therefore there I can state it. These facts were stated to me before I came t.o this sult would be that the assessor, in the extreme case I have put of a session of Congress, and have been known to me as facts. Let me thousand bushels of barley and only two hundred barrels of beer, read from the paper : would be at liberty to take no step except in the way of prosecution, The Commissioner of Internal R.evenue has made a general regulation to the effect that two bnshels and a half of malt are sufficient to make a barrel of boor, none in the way of taxation. He would not be at liberty to take any and that for all malt used in excess of that quantity it shall be presume<] that beer step for pushing up his assessment based in any degree upou this cu: has been brewed in that proportion. In pursuance of this re"ula.tion he ha as cumstance, that a prodigious amount of barley had gone into the sessed taxes against the principal brewers of theNorthern States for beer a. sumed lil,c.'tlt-house and a prodigiously small amount of beer come out. I to have been manufactured by t.hem in the months of August, September, October, November, and December, 1874. The sole ground of such a sessment is that submit to tile Senator whether that clause ought not to be stricken during those months they used iu the manuf.wturo of beer more than two bushels out so as to leave t his element that the statute evidently intended, and a balf of malt to the barrel There is no other evidence whatever to indicate aml a very necessary one, of precaution, within the reach of the as that they manufactured beer upon which they did not pay the tax. In fact, the sessor, to be taken into consideration with other circumstances accord evidence is incontrovertible that they actually did use more malt than two and a half bushels to the barrel ; and they have sin co that time and are now using more ing to the weight it might justly be entitled to bear. than that quantity to each barrel of beer. There is no act of Congre s, or other Mr. LOGA.N. In reply to the Senator I will say that the quantity authorized requirement, limiting the amount of malt to be used in the manufacture used now under the law is not evidence for the assessment of taxes. of a barrel of beer ; and we believe that the re~ulation of the Com missioner is not That is t he law just as it is to-day. You cannot show in the sections only arbitrary but wholly unauthorized. Be that as it may, it is llll;just in the ex of the statutes referring to the brewing of ale, porter, or beer that treme. any authority is given for assessing a tax upon the quantity of ma Now the reason for it: terial n ed. It differs in that from the assessment made on the ma The a.monut of malt necessary to manufacture a barrel of beer is by no means uniform, and more often exceeds (at least with us) the quantity mentioned than terial used for the, purpose of distilling spirits. The law now does otherwise. The beer manufactured by us is strong and neces arily mnst be In not authorize it. The bill now onlv means that it 8hall not be used the course of our bu iness we ship this beer in large quantities to all parts of the as evidence for the a se sment of taxation, not that it shall not be United States, north, south, east, and we t. It is frequently kept in store for monthfi u 'eLl a evidence in case a fraud is cha.rged against the person, be after shipment before it is used. In order that it may bear the Yicis;jituues of the climate and transportation we are forced to make it heavy ancl strong, ancl for that ca u e there is a proviso inserted excepting cases of fraud. Then it reason we are obliged ordinarily to use more than two bushels and a half of malt may be used. If the Commissioner charges fraud against a brewer of in the manufacture of each barrel Tha saccharine principle. essential to a hi6h beer, then this is part of the evidence, that the quantity is in excess degree in beer made for these purposes, is not sufficiently dev(jloped in the barley of the quantity of the same character of mat.erial used by other grown in the Northwestern States, and, in order to obtain enough of that element, brewers for brewing beer. For instance, if one brewer should use a we are obliged to use more baJ:ley than is ~nired by brewers in some other parts thou and bushels of malt for the purpose of brewing a hundred bar of the country. rel of beer. and that malt should be purchased in the Northwest, in There is the statement, plain and simple, that, our ba.rley not being Wi cousin or Minnesota, or any of the Northwestern States, and an of the heft and not containing the same quantity of saccharine mat other brewer by the side of him should use five hundred. bushels for ter that barley raised in other portions of the country does, it requires t4e sj:),IUe purpose, it -certainly would be evidence that the man who the use of a· greater amount of material to brew a barrel of beer; and nseu the 1hou ariu hqshels of the same character of material had acted for transporta.tion purposes, it being shipped to warm climate . the n·autl.~leotly. There ~s no question ahout that; and. this bill would brewers necessarily ha;ve to m.a,ke a heavy beer, and that requires ~ot prohibit that. T4at would. ue evi<.hmce before a conrt. The ob more than two bushels and a half of malt to the barrel. This is the j ect 'of ~hi' uill id not tq r-eq~ire a lllaQ. to go into court in order to statement of these men, and I believe that it is t trqtqftll sta.temeut. prr)\:e tll;:tt he iti innocen~ ~e'fore he can be e~clu decl from taxation 1 It is a ha.rdshlp on them that they shall be asses eu oq. the quantity !Jut· it i& to requil:e the Oommi 15ioner of Internal Revenue 'to prose. of the material use<.l where no fraud whatf}ve r is charget\, llUd that cqte tq~ li!~!f for fr~qq H !1 b ~ij EF~ .• P.e l ~il.t of ~~qq.. It dQe& ~~e! ~ ~oulq be re~ ui+e 1876. CONGRESSIONAL RECORD-SENATE. 2537 provides that the tax shall only be levied on the quantity of beer register takes the plats and surveys into his office, and, apparently, brewed. That is the law; and if in violation of the law yonr officers the land is open to entry, homestead settlement, cultivation, and so on. can assess taxes unauthorized by law, and there is no remedy for it, The trick of the thing is that the persons who have been so liberal it seems to me to be a strange mode of proceeding in a government of as to file these petitions, make these affidavits, and get this survey, law. have, a-s the Commissioner of the General Land Office supposes, and This bill, as I have stn.ted, will not interfere with this regulation a.s I suppose the truth will turn out, secured land scrip of various de in the least particular whatever, except that the Commissioner must nominations, possibly agricultural scrip; and far back beyond that charge fraud against thE:' individual; and if he does, then be may use various cla-sses of scrip are still outstanding, and when in the posses this evidence to show that that fraud has been committed. Then sion of a person, he may lay it upon land and take jt without pur that evidence can be used in court, as a matter of course. As I have chase, without pre-emption, and without homestead settlement. The stated, if one brewer uses more materials than other persons using apprehension of the people of these two counties and my apprehen the same character of material, it will be good· testimony. I think sion (and I am sure my colleague has the oame view about it) is that the the bill is a fair and just one. It passed the House of Representa moment this land gets in the register's office these men will take this tives almost unanimously. I do not remember now; I have the pro scrip, locate it upon it, and up-trip the people there, get possession of ceedings before me, but I ha.ve not time to look at them; I think this land under the claim that it is agricultural and farming land, and there was no opposition to it. There was no opposition to it in our not a dollar will come to the Government, not a cent, not a picayune. committee. They will get control of it, and the land which is absolutely swamp The PRESIDENT pro ternpore. The Chair will remind the Senator land and can never be an.ything else-you can scarcely go upon it at that it is not in order to refer to the proceedings of the other House. all-will go to speculators. The Commissioner of the General Land Mr. LOGAN. I beg pardon of the Chair for having made that refer Office, on having thefacts explained to him, telegraphed the register ence. I have no right either to refer to our own committee; but I to suspend locations as far as he could. am satisfied that this is a satisfactory bill to every one who has ex This bill simply proposes, as it is swamp land in fact, that it be amined the question, and I think it ought to pass. conveyed to the State of Illinois for the benefit of these two counties Mr. EDMUNDS. I am sorry to be an obstacle in the way of the as swamp land, and a provision is in the bill requiring these two passage of this bill even for a single day; but if it is so important aa counties to protect tho people who have been living along the margin it strikes me in respect of this absolute exclusion of any reference to of this lake for years and years, with forty or sixty or eighty acres of the quantity of material used in order to ascertain how much beer land, as they could pick it up, by allowing them to go forward into has been manufactured, I think we ought to consider of it for a day, the lake where the waters have subsided or receded, and finish out and unless it will make a very great difference to my friend from the location of an eighty or n one-hundred-and-sixty acre tract, as Illinois, I object and let it go over. their claim may be or n.s their purpose may be, and pay for it. That Mr. LOGAN. n makes no difference to me. I only reported this privilege is to be given to those actual inhabitants upon the margin, bill and asked that it be taken up, because I did not suppose there so that they may add to the land they occupy fractiona,l portions of would be any objection to it, as it provides the same as ~he law does t.he bed of the lake, and get the ownership by paying $1.25 an acre. now. The balance of the bottom of the lake will go to the counties as swal!lp Tho PRESIDENT pro tempore . . Objection is made; the bill will go land, to be expended in draining it off and then for common-school on the Calendar. purposes. · Mr. LOGAN. I n.sk that it shall not go on the Calendar, as I wish The Government can lose nothing by it; and if it permits it now to call it up again. Let it lie on tho table. to go off nuder this strategy, under this secret plan of men who do The PRESIDENT pro tempote. The bill will lie on the table. not live around it, who have nothing to do with it, but who have slipped in and taken these preliminary steps, my opinio:rris that the PISTAKEE LAKE. Government will never get a dollar. Some of the old scrip that is :Mr. OGLESBY. The Committee on Public Lands, to whom was :floating aronnd, and seems to gather around Chicago as much as any referred the bill (S. No. 732) to dispose of the lands formerly covered other pla-ce in the country, will be put upon this laud ; a body of by ·t .he waters of Pistakee Lake, in the. State of Illinois, have in speculators will go in there and get four or :fi~e thousand acres of structed me to report it back. without amendment, and recommend land for the purpose of profit, and the people living around the lake, its passage. I should be very glad to have the present consideration the people interested in these counties, will lose the benefit of it, al of it:. for rea~ons I can state, and which I hope will be satisfactory to though they have bee.n thflre for a quarter of a century by this lake, the Senate. I do not like to take up the time of the Senate in the watching for the time to come when the waters would recede, so that morning hour, but the circumstances in relation to tho subject-mat the land could be got as swamp land and applied to educational pur ter of the bill seem to demand its pa-ssage at an early day, if it is to poses. All there is in the bill is to give it to the State for the benefit ' be pa sed at all. I ask for its present consideration. of the two counties, to be disposed of under the legislation of the The PRESIDENT pto tempore. Is there objection to the present State, and to compel the two counties to let the actual settlers around consideration of the bill f the margin come in and complete their titles. .Mr. EDMUNDS. I should like to hear it first explained. Mr. BOUTWELL. The Senator understands that these shore-own Mr. OGLESBY. I supposed, if the Senate wonld pass the hill at all, ers obtain title by watching Y it would do it perhaps as well on a five minutes' explanation as on one Mr. OGLESBY. Very la.rgely; that is, they actually entered forty of tive hours. acres, or eighty acres, proposing of course to extend the entry eighty There are two townships of land, lying in two northern counties of a-cres or forty acres more, as the water would 1·ecede ; and now that the State of Illinois, adjoining Wisconsin, through whichariverruns it has receded, and they have been waiting and hoping to get it as called the Fox River. As it gets into those two counties it spread swamp land, these interlopers come in, and in a quiet and stealthy out formerly into a large lake called Pist.akee Lake. All around the ~anner, proceeding in exact compliance with the law, have nearly border of the lake the people settled from time to time as close up as torn it away from them. It is only within a few days that they found they could, to gflt agricultural land. !twas surveyed by the Govern out the facts. I have a resolution of the board of supervisors of one ment of the United States, and a meandering line was run around tho of the counties. They were utterly astonished and taken by surprise. out-side. The surveys of c.ourse stopped there. It was then unsur The purpose of the bill is right and proper; and I ask the Senate to veyed land, but covered by this lake. People took forty acres, or pass it. . eighty acres, or sixty acres, and so on, as they could; and then as the .Mr. EDMUNDS. Before I decide whether or not to object, I should waters would recede, being drawn off by Fox River, they would go like to make an inquiry or two. I see that this bill states in the pre on and cut the grass and gather it, but could not, in the sense of pre amble that Congress has alreauy conveyed to the State of illinois emption or homestead settlement, get possession, because it was still "the swamp and overflowed lands lying therein." This lan this was not surveyed land when that act passed. Now, it has been BILLS INTRODUCED. surveyed recently, and the survey paid for by these men, and there is Mr. INGALLS asked, and by unanimous consent obtained, leave to a question as to whether the land goes as swamp land to the State or introduce a bill (S. No. 750) granting a pension to T. B. Murdock; not. which wa-s read twice by its title, referred to the Committee on Pen The PRESIDENT pro tempore. The morning hour has expired. sions, and ordered to be printed. Mr. OGLESBY. Let the bill pass. He also (by request) asked, and by unanimous consel).t obtained, The PRESIDENT pro tempore. Is there objection to continuing the leave to introduce a bill (S. No. 751) granting a pension to E. 0. Nye; consideration of this bill f which was read twice by its title, referred to the Committee on Pen- Mr. EDMUNDS. I have no objection, subject to objection. sions, and ordered to be printed. . The PRESIDENT pro tempore. Is there -objection, subject to objec- Mr. SPENCER asked, and by unanimous consent obtained, leave to tion f The Chair hears none. . introduce a bill (S. No. 752) authorizing the recorder of the District Mr. DORSEY. I must object to the continuance of debate. of Columbia to appoint an assistant with certain powers; which was Mr. OGLESBY. I hope the Senn,tor from Arkansas will let the bill read twice by its title, referred to the Committee on the District of pa.ss. The bill will pass in a very few minutes. Columbia, and ordered to be printed. Mr. DORSEY. I have no objection, unless the bill is going to lead Mr. CRAGIN asked, and by unanimous consent obtained, leave to to debate. introduce a bill (S. No. 753) to extend the jurisdiction of the supreme Mr. EDMUNDS: It will not be deb!\ted long. We only want to court of the District of Columbia; which was read twice by its title, ascertain what it is. It must be debated to that extent. referred to the Committee on the Judiciary, and ordered to be printed. The PRESIDENT pro tempore. The proposition of the Sena-tor from He also asked, and by unanimous consent obtained, leave to intro Vermont is that the bill continue under consideration, still subject duce a bill (S. No. 754) granting a pension to John H. Glidden; which to objection. .Any Senator will-have a right to object at any time. was read twice by its title, referred to the Committee on Pensions, Mr. DORSEY. Very well. and ordered to be printed. The PRESIDENT pro tempore. The objection is withdrawn; and Mr. CLAYTON asked, and by unanimous consent obtained, leave the bill reported by the Senator from illinois [Mr. OGLESBY] remains, to introduce a bill (S. No. 755)to establish a post-route from Dallas, t.he question being whether the Senate will consider it at this time. Arkansas, to Stringtown, Choctaw Nation, Indian Territory; which Mr. EDMUNDS. I was merely going to say that the Senator from was read twice by its title, referred to the Committee on Post-Offices Illinois as he states the case is, I am afraid, likely to lead us into fu and Post-Roads, and ordered to be printed. tme difficulty. I have no objection that I know of to these people Mr. WITHERS a-sked, and by unanimous consent obtained, leave having this land; but if other p~ple und~r th~ existing law~ of the to introduce a bill (S. No. 756) for the establishment of a post-ronte United States have already n,cqnrred any ngbt m any part of 1t, then between Suffolk, Virginia, and Sunbury, North Carolina; which was we ought not to be ground between the two mill-stones and give it read twice by its title, referred to the Committee on Post-Offices and to these counties and these people now and then be obliged to in Post-Roads, and ordered to be printed. . demnify those who have alren,dy acqnired rights in it, or if their rights turn out to be paramount, to indemnify these counties for the land ACTIONS UPON OFFICIAL BONDS. they have lost that we have undertaken to convey to them. We ought Mr. MERRIMON submitted the following resolution; which was not to be asked to do that, I submit to the Senator. considered by unanimous consent, and agreed to: Mr. OGLESBY. Not at all. Resolved, That the Committee on the Judiciary be instructed to inquire into the Mr. EDMUNDS. The effect of this bill is to make an out and out expediency of providing a rea..sona.ble statute of limitations barring all right on the part of the United States to sue upon official bonds, with leave to report by grant of aU the area of this lake to the State of Illinois for the ben bill or otherwise. efit of these counties, and to provide a particular method by which REPORT ON THE BLACK HILLS. • private claimants inay obta.in priority in its purchase. s~ far a.s there Mr. ALLISON submitted the following resolution; which was con are any existing claims by way of pre-emption entries, or homestead sidered by unanimous consent, and agreed to: operations, or bounty claims, or whatever, those so far as they have Resolved, That the Secretary of the Interior be requested to furnish a copy of ()'one would natmally under the law override this bill. They ought the report, dated A.pril15, 1876, of Professor Walter P . .Tenney upon the agricultnre to do so, in justice. On the general principles of legal justice, any climate, and other resources of the Black Hills, which.he surveyed uniler orders or1 body who haR acquired the first right under the laws of the United the Commissioner of Indian Affairs. States ought to have it, and the courts would undoubtedly give it to RESERVED GALLERIES OF THE SENATE. him. Then passi-ng this bill as it stands we find ourselves having Mr. EDMUNDS submitted the following resolution ; which was made a double grant of this land, :first under the grant to the State of considered by unanimous consent, and agreed to : illinois and. under this a-ct, and second under the general laws of the Resolved, That the Committee on Rules be directed to inquire and report as soon ' United States to the people who have been attempting to get ont as as may be what further provision, if any, is necessary in order to secure the use the lake has receded, by fresh operations at the land office ; and it will of !be reserved portions of the galleries to those for whom they are designed. result as it did in Indiana in just such a case as this of a lake there AMENDMENTS TO APPROPRIATION BILL. which dried up or was drawn off, or at any rate went out of the way when we undertook to do the generous thing, as this bill asks us to Mr. DORSEY and Mr. SAULSBURY submitted amendments in do and we found in two years that we had to do the generous thing tended to be proposed by them to the bill (H. R. No. 3022) making tw'i.ce; we had to secure it to the people to whom we had given it appropriations for the construction, repair, preservation, and comple-. tion of certain public works on rivers and harbors, and for other pur first, and then gi~re as much J?Ore to ~he people whom we tried to g~ve it to the second trme. That lS not nght. The Senator does not Wish poses; which were referred to the Committee on Commerce, and to accomplish that. Now if he will consent to have added to this bill ordered to be printed. a provision that this shall merely operate to release whatever title we Mr. SPENCER submitted an amendment intended to be propo ed possess at this moment, subject to everybody's lega.l rights, I shall have by him to the bill (H. R. No. 3128) making appropriations to supply no objection. deficiencies in the appropriations for the fiscal year ending June 30, Mr. OGLESBY. I will do that. I will consent to that amendment. 1876, and for prior ·yea.rs, and for other pmposes; which was referred Mr. EDMUNDS. Therl I move to add at the end of the bill these to the Committee on Appropriations, and ordered to be printed. words: HARBOR A.T BRUNSWICK, GEORGIA. That nothing in this act shall be construed to convey any other title than are Mr. GORDON submitted the following resolution ; which wa-s con lease of all interest of the United States now existing in a.nd to said lands. sidered by unanimous consent, and agreed to: Resol'Ved That the Secretary of War be, and he is hereby, directed to communi There being no objection, the bill was consid.ereu as in Committee cate to th~ Senate all information now 1n possession of the De_pa.rtment or of the of the Whole. eng_ineer in charge of the district of Georgia, relating; to the unportance of the Mr. EDMUNDS. I move the amendment I have indicated. haroor of Brunswick, Georgia, and the necessity for the improvement of said The amendment was agreed to. haroor. The bill was reported to the Senate as amended, and the amend ENROLLED BILLS SIGNED. ment was concurred in. A message from the Honse of Representatives~ by Mr. G. M. ADAMs, The bill wa-s ordered to be engrossed for a thh·d reading, read th~ it.s Clerk, announced that the Speaker of t.he House had signed the third time, and passed. following enrolled bills; and they were thereupon signed by the Pres ident pro tempore : PRESIDENTIAL APPROVALS. A bill (S. No. 34) to confirm pre-emption and homestead entries of A message from the President of the United States, by Mr. C. C. public lands within the limits of railroad grants in cases where such SNIFFEN, one of his secreta.ries, announce(l that the President had, on entries have been made under the regulations of the Land Depart the 13th instant, approved and signed the following acts: ment; and An act (S. No. 3~6) for the relief of the widow of L. H. Rousseau, A bill (S. No. 701) further to provide for the administering of oaths deceased, late brigadier-general and brevet major-general of the in the Senate. United States Army; and · TAX -QN FERl'tiENTED I..IQUORS. An act (S. No. 431) granting a pension to Elizabeth "B. Thomas, Mr. EDMUNDS. At the suggestion of the Senator from Illinois, widow of General Lorenzo Thomas, ~ate of the United States Army. [Mr. LOGAN,] touching -the beer bill, I wish to withdraw the objec The message also announced that the President had, on the 17th tion I made to it. I do not desire to debate it any further, but only insta:r~t, approved and signed the a-ct (S. ·No. 2:~5) providing for the to suggest two little amendments. If it is agreeable to other Sena sale of part of the c~tom-house lot in Rockland, Maine. tors I will withdraw the objection I made to its present consideration. '· 187G. CONGRESSIONAL RECORD-SENATE. 2539 The PRESIDENT pro temp01·e. The Senator from Vermont with· I am not precise in my .figures-on the Diatrict of Columbia abont draws his objection, and the Senator from DlinoiB moves to take from $80,000, and the balance on the property-holders on ·Pennsylvania the table the bill (H. R. No 522) to define the tax on fermented or avenue. malt liquors. Is the1·e objection¥ The Senator from Illinois [Mr. LOGAN] seemed to think that the Mr. DORSEY. I object. Government of the United States ought not to contribute to this ex The PRESIDENT pro tempo,.e. The bill cannot now be considered, pense. I do not agree with him. Pennsylvania avenue is the great objection being made. thoroughfare between the executive and legislative departments of REPA VEMENT OF PENNSYLVANIA AVENUE. the Government. I suppose that at least one-third, or perhaps one half, of all the transit over this avenue is for Government purposes, Mr. DORSEY. I call for the regular order. or by employes of the Government; and it seems to me that as the The PRESIDENT p1'o tempo,.e. The Chair will lay before the Sen· thoroughfare iB so wide, far wider than is necessary for business pur ate the unfinished business of yesterday. poses, the Government of the United States ought at least to pay The Senate resumed the consideration of the bill (S. No. 680) for one-half of the expense of paving it. This amendment does not put the repaving of Pennsylvania avenue, the pending question being on quite one-half the expense on the Government, but a little less than the amendment of Mr. BAYARD, which was in section 3, line 7, after one-half. Still it is a fair proportion to be paid by the Government. the word ''repair," to in ert : The PRESIDENT pro tempore. The first question is on the amend The co t of paving the intersections of all streets and avenues and all public ment proposed by the Senator from Delaware. parks lying and abutting upon said avenue to be paid out·of the general revenue of the District, except the portions of such intersections lying between the tracks Mr. SHERMAN. My amendment is a substitute for that. Qf the said railroad company and two feet on each side thereof, which shall be paid The PRESIDENT pro ternp01·e. But the Senator from Delaware pro by the said railroad company. The cost of the said pavement lying between the poses to perfect the text of the section, which comes fu·st. Botanic Garden and a line two feet outside of the said railroad tracks to be paid by Mr. BAYARD. I do not object to the substitute for this plain rea the United States; and, after the aforesaid deduction, the residue of the cost to be as follows : by the owners of private property lying and abutting on Said Pennsyl son: It still further diminishes the cost of this improvement to the vania avenue. citizens who own property along its ronte. As I said yesterday when this matter was under discussion, the object of my amendment was And in line 13 to strike out "one-third" and insert ''one-fourth;" to diminish the cost of this expensive outlay to the people who hap in line 15 to st1'ike out "one-third" and insert "one-half;" and in pen to own property along the route, and who have no voice what line 17 to strike out "one-third~' and insert "one-fourth;" so as to ever in regard to the expense. They are unrepresented in Congress; make the section read: they are compelled to pay for improvements in the expense of which That the cost of laying down said pavement shall be paid for in the following they have no voice, in regard to which they are not consulted; and proportions and manner: The Waahington and Georgetown Railroad Company shall bear all of the expense for that portion of the worlr lying between the tracks t-herefore every measure that tends to diminish their burdens I favor. of their road, and for a di tance of two feet from the track on each side thereof I believe that the proposition of the Senator from Ohio lessens the and of keeping the same in re:J?air. The cost of paving the intersections of ali cost to them, and therefore it is that I favor it. · streets and avenues and all public parks lying and abutting upon said avenue to be paid out of the general rsvenue of the District, except the portions of such inter The difference between his amendment and mine is this: The sections lying between the tracks of the said railroad company and two feet on amendment offered by me threw upon the District of Columbia the each side thereof, which shall be paid by the said railroad company. The cost of cost of paving the streets at their intersections where there was no the said pavement lying between the Botanic Garden and a line two feet outside of frontage whatever upon private property, and, knowing the great the westerly side of the said railroad tra.cks w be paid by the United States; and, after the afor aid deduction, the residue of the cost to be as follows: By the own width of the streets, the unusual width of the avenues of this town, ers of private property lying and abutting on said Pennsylvania avenue, in ;propor· that portion of the cost iB very great. It is now proposed by the tion to their front.age thereon, one-fourth of the expense, after deductinJ:t the amendment of the Senator from Ohio to divide the cost of paving amount paid by said Washington nnd Georgetown Raih-oad Company; one·h!tlf to the intersections between the United States and the District of Co be paid. by the United States out of any money in the Treaaury not otherwi.s~ ap propriated; and the remaining one-fourth to be paid out of the general revenue of lumbia, leaving the owners of private property, who of course can the District of Columbia from any funds in the hands of the commissioners or the not abut upon intersections, no portion of that expense. That less treasury of said Distt ict, upon the warrants or orders of said com:niission, when the ens the amount to be paid by the citizens of the District generally, same s!Jall have been passed in the Treasury Department, as in case of the dis and so far as that iB concerned I approve it. lmrsement of public money. The PRESIDENT pro temp01·e. The Senator from Delaware, as the Mr. DORSEY. \Vhen this bill was last under consideration the Chair understands, a.ccepts the amendment of the Senator from Ohio amendment of the Senator from Delaware [Mr. BAYARD] was pend· in lieu of his own. ing. That amendment pla.ces a larg~ part of the burden of this pave Mr. BAYARD. I do. ment upon the United States Government, avery much larger part in The PRESIDENT p1·o tempore. The question is on the amendinent my judgment than ought to be charged to the Government. I con of the Senator from Ohio, [Mr. SHERrtiAN.] ferred \\ith many of the citizens owning property on the Avenue be Mr. DORSEY. I should like to inquire of the Senator from Ohio fore this bill was prepared, and I have al o conferred with them since if that is a substitute for the third section f it was reported, and since the discussion has begun in the Senate, and ·Mr. SHERMAN. For all except the first part, which relates to the I am sati .fied that the great majority of the property-holders would railroad company. It comes in after the word "repair," in line 7. · prefer to pay the entire cost rather than not have the Avenne paved The PRESIDENT pro tempore. The question is on the amendment until next winter. I do :!lot believe that there is a resp~ctable num- . proposed by the Senator from Ohio. ber of property-holders on the Avenue who object to the proportion Mr HITCHCOCK. I call for the yeas and nays. allotted to them by thi3 bill, which as we all know is one-third. The yeas and nays were ordered; and being taken, resulted-yeas I hope the amendment of the Senator from Delaware will not be 26, nays 15 ; aa follows : adopted. YEAS-Messrs. Bayard Bojzy, Cameron of Pennsylvania, Caperton, Cooper, Mr. SHERMAN. I submit an amendment to the amendment of the Cragin, Davis, Dennis, Eaton, Ferry, Frelinghuysen, GOldthwaite, Gordon, Ham Senator from Delaware, and I am not sure but that the Senator will lin, Kelly, McCreery, Morrill of Maine, Norwood, Randolph, Ransom, Sargent, Saulsbury, Sherman. Stevenson, West, and Withers-26. accept it. I move to strike out all after the word "repair," in lines NAYS-Messrs. Allison, Cameron of Wisconsin, Clayton, Cockrell, Conkling, 6 and 7, of section 3, to the e.nd of t.he section, and to insert the fol Dorsey, Edmunds, Hitchcock, Kernan, Logan, Merrimon, Morrill of Vermont, lowing : Oglesby. Robertson, and Windom-15. The United tates shall pay the cost of paving the spaces between its property ABSENT-Messrs. Alcorn, Anthony, Booth, Boutwell, Bruce, Burnside. Chris . and the part of the A venue to be paid for by the said railroad company, and one-haff tiancy, Conover, Dawes, English, Hamilton, Harvey, Howe, Ingalls, Johnston, of the cost of paving the intersections of the streets and avenues, less that to be prud · Jones of Florida, Jones of Nevada, Key, McDonald, McMillan, Ma.xey, Mitchell, by the railroad company, and the other half shall bepaidoutoftherevenues of the Dis Morton, Paddock, Patterson, Sharon, Spencer, Thurman, Wadleigh, Wallace, trict of Columbia, and the residue of the cost of such paving shall be paid as follows : Whyte, and Wright-32. One-third by the owners of pt ivate property lying and abutting on sa1d Pennsylvania So the amendment was agreed to. avenue in proportion to their frontage thereon as-hereinafter provided; one-third by the United States; and one·thlrd out of the general revenue of the District of Colum Mr. DORSEY. Now, in order to perfect the amendment just bia; and the amount required to pay the part of said cost asson1ed by the United inserted, aa an amendment inserted yesterday to the section has been States shall be paid out of any money m the Treasury not otherwise appropriated; stricken out by its adoption, I move after the word "avenue," in line and the amount required to pay the part of said cost charged to the District of Co 9 of the amendment. just adopted, to insert : lumbia shall be paHl by the commissioners of said Distr1ct from any funds in the treasury of said District, upon the warrants or orders of said commission dnly aud Including the frontage of the ground occupied by the Washington Market Com- ited in the Treasury Department. pany. • . Mr. ~HERMAN. ~ dre"'Y this ame!ldme~t after li~~nin~ t~ t~e Mr. WEST. That conflicts with the first line of the amendment ' . 2540 CONGRESSIONAL RECORD-SENATE. APRIL 18, ber, the market company bas a lease of that property for ;nin~ty-nine gregate $4.60 a square yard, and I think, if it is done for that., it will years; and it seems to me they ought to pay for the pavmg m front be very cheaply done, and if it is done as this commission no doubt of their property. will require it to be done, will be done in the most thorough and sat The PRESIDENT pro tentpore. The question is on the amendment isfactory manner. of the Senator from Arkansas. I hope the amendment will not be adopted. I think it is against Mr. SHERMAN. I snggest the addition to the amendment of the the interest of the Government, the interest of property-holders, and words : the interest of the District. 'The cost of which shall be paid by the said company. Mr. BAYARD. I do-not care to prolong this debate, but I fail to see the reason in what is urged by the Senator from Vermont [Mr. Mr. DORSEY. I accept that. MoRRILL] in reply to my proposed restriction as to the amount, that Mr. MORRILL, of Vermont. I think the amendment as modified in all probability the pavement will cost less than I am disposed to ought to prevail. state as the maximum for it. If he is ri~ht about that, we might as The PRESIDENT pro tempore. The question is on the amendment well strike out all limit whatever. If it Is for us to judge, if we mean of the Senator from Arkansas as modified. to exercise any discretion and to impose our discretion upon those who The amendment was agreed to. are to construct this pavement, then we should fix it according to the Mr. BAYARD. I move thatsection5 be amended in line 7by strik lights we have. I am by no means satisfied that if the members of ing out the words" and sixty cents." the Senate of the United States, or of both Houses of Congress, owned The taxable cost by this bill is limited to 4.60 a square yard. I this property themAelves, and owned the Avenue, they would resort to remember very well that the most expensive and certainly the best one-fifth of the proposed expense of paving. I am not sure that a piece of pavement in this District, laid in front of the Arlington careful and sagacious economy would not dictate t.he paving of the Hotel, was said to have cost $5 per square yard. I lived near by at Avenue in a very much less expensive manner than is proposed; but the time and saw it in the course of its construction; .and I believe it appears.to me that there seems to be a very :fine and generous spirit it to have been very thoroughly and well done-much better than abroad when the expenditure of public money is concerned. I think any other pavemen,t that I have seen in this place. I understood it has run to an expense that is certainly dangerous. I do not like that the cost of that at the time was $5 a square yard. Since that rigid small economy, I do not like rigid false economy; but, at the time it is well known that the cost of material and labor ha-s very same time, I think we cannot by this system of unlimited expenditure considerably declined, and what would have cost $5 per square yard preserve our pnblic credit, and I do not see why the attempt to re in 1870, or 1871, or 1872 can reasonably be accomplished for one-fourth strict it should not be applied as much to the paving of this single less in 1876. I do not say that the very competent gentlemen to street as on any other larger scale. The truth is the expenditures in whom is proposed to be confided by this bill the paving of this Ave this District have been almost fabulous. Millions of dollars have nue will spend even as much as $4 per square yard; but 5 was con-· been poured out on the streets of this District in a manner that some • sidered then a most expensive pavement, and I am sure that it can times seems to me bordering on insanity. There have been miles upon be supplied now for $4 per yard. Therefore it is that I think it safer miles of the most luxurious and extensive avenues I ever saw in any that the limitation of $4 should be imposed. city created for the use of no adjacent residents. Any man who will Perhaps it is worth while for me to say further that I have great walk or drive through the suburbs of this town-or what I call the question in 1·e~ard to incurring this expense, or anything near this suburbs, theunbnilt portions of Wa(3hington-willsee an outlay that expense, for this street; but supposing that it was the intention of is almost incredible, and which is, for the purposes of the present gen Congress to repave this avenue, I baye offered the amendments which eration, absolutely useless, for, being created of a most perishable ma have been in substance adopted here diminishing the cost to the peo terial, these wooden pavements will hot be in existence when houses ple of the District. I still fool that in the present condition of the shall be built along their route; and here now comes the proposition finances of the country, and with the amount of suffering that exists to replace by an expenditure of $300,000 a miserably constructed in the country from poverty, it is very questionable whether so large pavement laid down at a cost of 300,000 barely five years ago. an amount of money as this should be expended either under the Mr. President, as this pavem~nt is in such a condition as to need re United States authority or that of the District; but at any rate there pair, and as sound economy may require that it should be removed sti·iction of the cost of this improvement to $4 per square yard strikes altogether and a good pavement take its place, it is evident that as a me as being entirely reasonable in view of the cost of materials a few prerequisite and as a necessary prerequisite to it all, it should be placed years ago and their cost at this time. I hope therefore the amend in t.he hands of competent and honest gentlemen to see that the ment that I have offered will receive the approval of the Senate. moneys which are expended are faithfully bestowed and do not float Ml·. MORRILL, of Vermont. I do not see any necessity for the off into the pockets of fraudulent contractors. But not only should amendment propo ed by the Senator from Delaware. If these men wetaketbat precaution, which ~ think this bill does, but we should take are fit to be trusted to select a pavement and to make the contract, the second precaution of seeing that even under their administration it eems to me that they ought to be of such character that we are the cost of this undertaking should be kept down to the lowest reason willing to trust them as to the amount to be paid for this pave able :figure. Three hundred and three thousand dollars is the esti ment. I suppose it will cost something to remove the old mat.erial, mated cost of this pavement between the Capitol and Fifteenth street something to clear out the street so as.to make it possible for it to be at the rate of $4.60 per square yard. If, as I said, $.5 in labor and repaved. I do not ·know precisely what the Neucb~tel pavement building mat.erial expended in 1872 or 1873 can be equalized by an ex can be obtained for. I should be unwilling that any kind of concrete penditure of 4 for the same purpose in 1876, why should it not be im or asphalt should be used except the N eucb~tel. I do not b~lieve pressed upon this bill f The sixty cents will be abont the one-seventh, that the other kind of concrete and Mphalt that is used here, made roughly calculated, of the whole. One-seventh of 300,000 is about partly of coal-tar and partly of Cuban asphalt, will answer any good 40,000, and I certainly think that for $260,000 an excellent enduring purpose, and this Neuch~tel pavement I understand can be obtained pavement can be laid over the route proposed. I have heard no one for less e.ven than 4; but at the same time I would not like to limit here deny the fact that there bas been a great diminution in the cost the bill at a less rate for the entire cost than what is proposed by the of labor and material in the last three years, fnlly equal to 25 per committee. cent. Any man who has had anything to do with bu.jlding knows thn.t Mr. DORSEY. I understand the amendment of the Senator from fact. Whether. it is his own experience or from others, he can easily Delaware to be to strike out "sixty cents." Is that it f ascertain it. Labor is exceedingly low: materials are low; business The PRESIDING OFFICER, (Mr. CAMERoN, of Wisconsin, in the is dull. Therefore I cannot understand why it is that we should not, chair.) It is. havin~ a duty to perform, the duty of guarding other people's money, Mr. DORSEY. That amendment was proposed by the Senator from establish a limit to this expense and reduce it if we can. I confess Maryland [Mr. WHYTE] yesterday evening and voted down by the that, although I believe the Avenue sadly needs repair, I should have Senate. The fact is that the base of this pavement on Pennsylvania ~eat hesitancy in voting for any further expenditure upon it; but, avenue, where as it is well known there is a marshy, soft, uncertain if I do so, it must be because the measure proposing any outlay is foundation to be built on, bas got to be very heavy; there must prob coupled with every guard upon the cost and upon the expenditure. ably be sixteen or eighteen inches of hydraulic concrete laid, which I think it perfectly reasonable to say that $4 in 1876 will do all that may cost more than the whole pavement on some other streets where · $5 did' in 1872; and I cannot see why gentlemen should object to vot the land is higher. ing a limit upon the expenditure. Again, it is not the intention of the Senate, as I understand and I am Mr. MORRILL, of Vermont. I am sure the Senator from Dela sure it will not be of the commission appointed under this bill, to select ware cannot be more strait-laced about economy than I am myself. anything but a pure asphaltum pavement; and if a pure asphaltum What he propose& here is to limit the amount to $4 for the entir~ ex pavement is laid down there with a proper foundation it cannot be penditure. I do not know that it will cost any more than that suni, done for less than four dollars and a half a square yard, in my judgment. but I am sure that we have a. security in the character of the men, Such a. pavement as ought to be laid on the A venue cannot be laid whom we select to make this contract. The Senator from Delaware much under the limitation of this bill; but if it can be, the com assumes that we know more about doing this work, the cost and the missioners will not exceed the price for which they can get a good value of it, than the men whom we are to select. pavement. I have no doubt the Senate and the country will have Mr. BAYARD. I think we do know enough to put on this limit. faith in the integrity and good sense of the commissioners appointed Mr. MORRILL, of Vermont. I do not believe that is so. Under under the bill, let their action be what it may.; but it was thought the denunciations of the Senator from Delaware in relation to the best to limit it so that the entire expense, inclniling the clearing out past work, I do not wish that we should pass a bill here that will se of the Avenue, the removing of the old pavement, and laying the cure us precisely the same result which we have bad in the past. fJA W raYellle~t 0~ a. vrorer fo-q~~~t~Oll Sbo-qlq IlO~ ~ C eq tJ1 tbe R~· Tbf\.t i to sar, this OU\Ull SJO!l ab,~n e 0 ha.mvered br t4e ltmit t~~ 1876. CONGRESSIONAL RECORD-SENATE . 2541 they cannot select the best pavement for the .A. venue. I know it .A. venue. Under the provisions of the bill as amended, I understand is true so far as labor is concerned that lou can obtain it at. a less the Government of the United States is to pay one-third of the ex price than you could five years ago ; but It is not true so far as this pense of paving the Avenue adjacent to the property of private own NeuchMel asphalt is concerned, which is only to be obtained in one ers and to pay one-half the expense of paving all the crossings. place, and the use of it in England and France is so great that the '!'here are some fifteen or more crossin§O'S of streets of the paving of price has not gone down. Yet the labor of preparing and mixing it which the Government of the United tates is to pay one-half; ·and properly for the purpose of a pavement has gone down so that the then we are to pay one-third of the residue. I am not sure but that price is diminished almost one-half as compared with a few years ago. that is an undue proportion. I am willing that the Government of Mr. BAYARD. I should like to ask my friend from Vermont, does the United States shall contribute something, because I think in the· he not believe as a matter of fact that the people who laid down the first place we are bound to contribute according to the property which pavement in front of the .A.rlin~n Hotel in 1870 or 187lfor $5 a yard the Government owns, and I think in justice to the property-holders. would be very glad to repeat tne operation now at $4 T we are bound to contribute some of the expense that might other Mr. DORSEY. If the Senator will allow me, I will state that I wise fall on them because of the fact that without theit· consent, have been informed by the authorities of this District that the pave against their protest in many instances, we caused a pavement to b& ment laid down in front of the Arlington Hotel was laid down as a laid down in front of their property which has become rotten and sample, and that its actual cost was $7 a yard; and that the same which is driving business away from their stores and places of business. party who laid down that pavement has laid down a great deal of Under all the circumstances I may perhaps vote for this bill, but pavement in the streets of this city of the same material as there is I say it is with great I'eluctance that I vote for it, and especially when on other streets. it will become a precedent for the further a-ction of the Senate. . There Mr. MORRILL, of Vermont. Let me say another thing in relation are about a hundred miles, as I understand, of public streets im to this_avenue. It will be noticed by Senators in traveling over the proved in this city; I do not know the precise amount, but I am told city that there are defects arising from inferior concrete or asphalt in in the neghborhood of one hundred miles of improved streets. Your a great many places. Where the foundation is damp, where there are action in reference to this bill will become a precedent, and will be springs beneath, the pavement is at once destroyed. Many of these pressed upon you in the future as such when these other streets need places are being repaired, and it is done at a very considerable expense, repairs, many of which are beginning to need them already. Accord wher~as if we shall now authorize a pavement that can be put down ing to the present calculation of the expense of the Government in of the Neucha.tel character, whenever it decays or needs repair it reference to Pennsylvania avenue, which will be in excess of . 100,000 will be ~f some service, while this ordinary concrete that we have if you apply the same ratio of appropriation to the improvement of , .... here can never be reworked at all. It is a total loss from the start, the other streets, in less than five years, in less than ten years a~ the and yet the asphalt is not destroyed but can be reworked. There furthest, you will be called upon to appropriate from five to ten million fore it seems to me that it is the wisest economy, if we wish to put of rlollars out of the public Treasury of the United States to repair down a pavement that is going to last for a long series of years, that streets in this city. we should authorize such !fn expenditure as will secure that kind of Is this expense of this Government for the national capital never to pavement. I am not for any sort of experiments in trying these fif end? .A.re the people of the United States, who have already con teen, twenty, or thirty different kinds. I desire that we shall be able tributed from twenty to thirty million dollars toward the expenses to have the very best. I do not wish to have a bill here again in an of this capital,. still to be saddled with expense from now to tlle end other five years for the same result. of time in order to maintain the streets of this city¥ Whil~ I may Mr. SAULSBURY. I shall vote for the amendment because I have possibly vote for this measure, I do it with the understanding that it no doubt, from the best information I can get, that the amount it is only because of the peculiar circumstances existing; that the prop allows is fully ample to lay down a pavement in any condition and erty-holders on this street have actually been damnified by the action out of any material of which it shall be the pleasure of the Senate to of Congress, and have therefore an equitable claim to be remunerated have it made. The cost of the improvements in this city, I have been to some extent for the injury we have inflicted upon them. I am not told, amounts to between $30,000,000 and$40,000,000. I was informed sure that I shall hold myself bound by auy action of .mine· in refer by one of the oldest and most respectable citizens, and one of the ence to this street to apply the same rule of action to any other. I heaviest tax-payers in this city, that every part of the improvements shall h9ld that question in reserve until the time shall come; and yet made in this city, in his judgment, including the laying of streets I can see very well how it will be pressed as a precedent on the Sen and including the sewerage system, could have been done, by proper ate of the United States when the necessity arises for the repa.ir of economy, at an expense not exceeding $8,000,000. I do not know other streets in this city. At any rate, at the present time I am in whether that is correc~ or not; but that is the assertion of a gentle favor of limiting the expense not to exceed $4 a square ya,rd, anu I man in whose judgment I place great confidence. He himself has shall therefore vote for the amendment of my collea,gue. been here witnessing all the time the improvements that have been 'I'he PRESIDING OFFICER, (Mr. CAMERON, of Wisconsin, iu the made in this city and contributing out of his large substance by the ch!l>ir.) The question is on the amendment proposed by the Senator · payment of taxes to the expenses that have boon incurred; and yet from Delaware, [Mr. BAYARD.] . he assured me that, in hit:1 judgment1 all t.hat had been done could The question being put, there were on a division-ayes 15, noes 16; have been done, and as well done a-sit has boon done, at an expense no quorum voting. not exceeding $8,000,000. If that judgment is correct, it does notre Mr. DORSEY. Let us have the yeas and nays, and then we shall quire $4 to the square yard to lay a pavement. have a quorum. I feel some hesitation about voting for this bill at aU. Pennsyl The yeas and nays were ordered. vania avenue is in a very dilapidated condition. I have no doubt the Mr. SARGENT. I shall vote against this amendment because I property-holders upon the street feel justly aggrieved at the fact that fear that the difference between $4 and .4.60 may be just enough to it is in the condition it is. 'l'he business men upon the street claim give us so poor a .pavement that in the course of four or five or six that the carriage trade, as they call it, is now leaving them because years we may be compelled to do this work all over again. 'l'he the street is in such a condition that ladies and persons using caiTiages wooden pavement which waalaid down :five years ago now needs to be do not like to drive over it, and hence their business is being seriously replaced obviously; we all agree upon that; wher~as if a good pave injured by the condition of Pennsylvania avenue. 'l'hat is an evil ment had been put down then there would have been no necessity of which they have a rigbt to expect to be remedied; but who is the d~ing the work over again and incurring this expense of 300,000. I proper party to pay for it f That is a question which I have thought am well aware that at that time wooden pavements were supposed something about, and about which I confess that I feel somewhat at to be a success. 'l'he property-holders to a very large extent influ a loss. I am unwilling, with my friend, the Senator from Illinois, enced the choice of that pavement. Experience since t.hat time has that my constituents, a large propm·tion of whom never come here, shown that it was entirely inadequate, and that several other pave never look at the Capitol, never ride on Pennsylvania avenue, should ments are not what they were at that time thought to be. It may be be taxed to any serious extent to keep it up ; and yet, when I take in to that this difference of sixty cents, which will make very lit tle in the consideration the fact that in 1871 the Congress of the United States, gross cost added to the $4, will be enough to give us a pavement that of its own volition, of its own motion, without consultation with the will last twenty or thirty years. I therefore think it is bad economy property-holders upon the Avenue, without consulting.them in refer to strike off the sixty cents. ence to how the street should be paved, without consulting them as 'l'he question being taken by yeas and nays, resulted-yeas 19, nays. to the material of which the pavement should be made, without giv 25 ; as follows: ing them any voice in the formation of the contracts by which it was YEAS-.Messrs. Bayard, Bogy Cameron of Wisconsin, Caperton, Cockrell, Cooper, laid, and when I consider that under that law they were compelled, Davis, Eaton, Goldthwaite, Gordon, Harvey, Kelly, Key, .McCreery, Ransom, Sauls without a voice in the question, to bear the burdens imposed upon bury, Wallace, Whyte, and Withers-19. N A. YS-Messrs. Booth, Boutwell, Burnside, Clayton, Cragin, Dawes, Dorsey, Ed them, and that they have been sadly cheated by the manner in which munds, Frelir.ghuysen, Hamlin, Howe>, Jones of Nevada, .Merrimon, Morrill of the work was done, and that their property haa been rendered less .Maine, Morrill of Vermont, Morton. Paddock, Patterson, Randolph, Robertson, Sar valuable, and the business driven from their street, I can see very gent, Sharon, Shel'Illan, Spencer, and West-25. well how they think that in common justice and common honesty the ABSENT-Messrs. Alcorn, Allison, Anthony, Bruce, Cameron of Pennsylvania, Christiancy, Conkling, Conover, Dennis, English, Ferry, Hamilton, Hitchcock, In strEmt should be paved in part at least at the expense of the Govern galls, JoLnston, Jones of Florida, Kernan, Logan, .McDonald, .McMillan, Maxey, ment of the United States represented by the Congress of the United Mitchell, Norwood, Oglesby, Steven~:~on, Thurman, Wadleigh, Windom, and States. • Wrightr-29. I say again that I do not like to vote to tax the people of this So the amendment was rejected. country for improvements in this city or on this avenue unless ac Mr. MQRRILL, of Vermont. I ask unanimous consent that the cording to the proportion of property the Government owns on tbe amendment a{}opted in relation to the market company shall be 2a42 OONGR~SSIONAL RECORb-SENATE. APRIL 18, - - stricken out and inserted in a proviso. There seems to be a little I will detain the Senate but a moment. I have no idea that the confusion about it, as it might possibly be included in the first part amendment will be adopted by the Senate, but I offer it to give m of the section; and so we should be providing for the payment of the an opportunity of saying what I desire to say. expense twice. I therefore offer the following proviso, to come in at The amendment proposed by the Senator from Ohio doe more than the end of the third section, and let the amendment included in the yesterday evening I said the bill with its amendments then did. It preceding pa,rt be stricken out : now requires the Government of the United States to pay the entire p ,rovided, That the expense of paving the space opposite the locality occupied cost of the paving in front of its own property; not half, as wa pro by the Washington Market Company shall be paid by said company in the same posed yesterday, but all, and then one-third of all the residue. Beside , ratio as is paidoy tlie owners of private property on the line of said avenue. it makes the Government of the United States and the District in The PRESIDING OFFICER. The Senator from Vermont asks equal proportions pay the cost of the pavement of all the cross-str ets unanimous consent that the amendment just propose(l be adopted in except that portion paid by the railroad company. If there is any lieu of the provision heretofore inserted in regard to the market com- thing that could have been added to this bill as it was yesterday, pany. Is there objection Y The Chair hears none, and the amend- that was known to be by every Senator who oted for it as having ment is adopted. the object t.o l'equire the Government to pay more than it ought to M.r. WEST. Now, for the purpose of preventing any possible mis- pay under any rule as principle that could be laid down, this amend apprehension as to the obligation of the railroad companies as to the ment does that very thing. extent of their pavement, I move in line 5 of section 3, to insert before The principle advocated by Senators yesterday was that Pennsylva the word "tracks'' the words" exterior rails of the." AB the hill now nia avenue, being used by the Government, should be paid for by the reads, the companies are obliged to pave "between the tracks." Government in greater proportion than it should be paid for by citizens, 'fhere is a very great difference between the expressions "between but now they add to that that the Government shall pay one-half of the tracks" and "between the outer rails of the tracks." "Between paving all the cross-streets. What effect does bat have Y What in- • the tracks" would be the spa-ce between the two tracks. To prevent terest has the Government ill the cross-street , I ll.ould like to know ¥ that misunderstanding, I move to insert before the word "tracks," in Now we require the Government to pay one-half the co t of paving at line 5. of section 3, the words "exterior rails of the." the cross-streets, all in front of its own proiJert,v, and one-third in .Mr. DORSEY. I think that is a necessary amendment. front of all other property. · Mr. CLAYTON. Does not the bill now provide "between the I merely enter my protest agajnst this tbir g, whi(·h I look upqn a tracks !"• There are two rails to each track. If you say" between a legal robbery of the people of the United Sta.te3 of America for the the tracks," is not that sufficient¥ When you speak of a double-track beneftt of the people of the District of Columbia. That is all it is. I railway, you mean a railway with four rails. If you say" between shall call for the yeas and nays on this question. I do not know the tracks," it is all you require, it seems to me. whether I shall get more than a half-dozen votes, but I want to see .Mr. WEST. The proposition is to I)lake the bill read just in this how many there are who aTe in favor of the Government paying for way: "between the exterior rails Qf the tracks of their road." No- the paving of streets in the cj.ty of Washington without reference to body can fail to understand what that means. the citizens of the city. • The PRESIDING OFFICER. The quest.ion is on the amendment Mr. McMILLAN. M.ay I ask the Senator what proportion his · proposed by the Senator from Louisiana, [Mr. WEST.] amendment imposes upon the railroad company Y • The av:J.endment was agreed to. Mr. LOGAN. The same as is proposed in the bill. Now, to perfect that, I move also to amend on line 6 of sectio~3 by The PRESIDING OFFICER. Does the Senator call for the yeas inserting before the words " the track" the words " and extenor to and nays Y . the track on each side thereof;" so as to read: Mr. LOGAN. I did not mean to call for the yeas and nays on this And for a distance of two feet from and exterior to the traok on each side thereof. amendment, but I meant that I would call for them on the passage of the bill if this amendment be not adopted. Mr. EDMUNDS. After "from'' insert "exterior to;" that will do. Mr. WITHERS. I ask the Chair if the amendment offered by the Mr. WEST• . Very well; I will put it in that form. Senator from Illinois has not been acted on adversely already by the The amendment was agreed to. Senate t Mr. ALLISON. I wish to move an amendment to the amendment The· PRESIDING OFFICER. The Chair does not understand that of the Senator from Ohio, [Mr. SHERMAN,] which is now a part of .the it has been. bill. In line 6 of that amendment, after the words ''District of Co- Mr. LOGAN. While I have been in the Senate it has not been. lu.mbia," I inove to insert "derived from taxation." Inasmuch as we Mr. WITHERS. It provides for a different proportion of the have provided now for the portion the United States shall pay and amount to be paid by the United States Government from that which the District of Columbia, I think we had better insert the words is provided in the amendment offered by the Senator from Ohio and "derived from taxation;" so as to read: "out of the revenues of the adopted by the Senate. . District of Columbia derived from taxation." Mr. LOGAN. Yes, it provides differently from that. The amendment was agreed to. Mr. WITHERS. It is antagonistic to what the sense of the Senate .Mr. ALLISON. The same words should be inserted in line 12. After has already declared, and I was under the impression that for that the words "gen~ral revenue of the District of Columbia" add ''de- reason it would not be in order. rived from taxation." . M.r. LOGAN. That is not the rule. · Being antagonistic in princi- ~hr.eAar~niSclmONe~t ~_: :!::;,~~ndment should be made in line . ple does not affect it. The amendment itself has not been voted upon. M 17 I have concluded to ask for the yeas and nays on the amendment itself. At the end of the line the words "derived from taxatjon" should be The yea-s and nays were ordered; and being takeu, resulted-yeas inserted. , 16, :i::tays 26; as follows : · The amendment was agreed to. YEAS-Messrs. ·cameron pf Wisconsin, Cockrell, Dawes, Edmunds, Hamilton, 1\Ir. LOGAN. The amendment offered by the Senator from Ohio Hitchcock, Key, Logan, McCreery, McMillan, Maxey, Merrimon, Morrill of Ver· aud adoptred by the Senate is now, I believe, a part of the bill. mont, Morton, Robertson, and Sharou-16. The PRESIDING OFFICER. The Chair so understands. NAYS-Messrs. Anthony, Bogy, Booth, Boutwell, Burnside, Caperton C1ayton~ Mr. LOGAN. I move to strike out of that nortion of the bill which Cooper, Davis, Dennis, Dorsey, Eaton, Frelinghuysen, Goldthwaite, Gordon, Ram- r lin, Howe, Morrill of Maine, Norwood, Sargent. Saulsbury, Sherman, Spencer, Ste- thali amendment makes lines 1, 2, 3, 4, 5, 6, and 7. I will state my venson, West, and Withers-26. reasons for this very briejly. ABSENT-Messrs. Alcorn, Allison, Ba~rd, Bruce, Cameron of P1mnsylvania, The PRESIDING OFFICER. The Clerk will report the amend- Christiancy, Conkling, Conover, Cragin, English, Ferrv, Harvey, Ingalls, Johnston, Jones of Florida, Jones of Nevada, Kelly, Kernan, McDonald, Mitchell, O_g!esby, ment. Paddock, Patterson, Randolph, Ransom, Thurman, Wadleigh, Wallace, w hyte, Mr. LOGAN. My motion is to strike outthe first seven lines-ofthe Windom, and Wright-31 .. amendment proposed by the Senator from Ohio. So the amendment wa-s rejected. Mr. MORRILL, ~f Maine. Let it be reportetl, that we may know Mr. EATON. I know, Mr. President, that the Senate a a body have how the bill will ~ead. . . no discretion in regard to the material to be used or the manner in Mr. WEST. I nse to a quest10n of or.der. This amendment that · which the work is to be done; but in order that certain information the Senator now proposes to ohan~e havrng -been adopte.d PY the Sen- which I have received may go to tpis very respectable board that we a:te, I conte~d that no one.has a ngbt ~further amend It. I should create by this bill, I desire to say a word or two in regard to the ex- / like the ruling of the ChaiT on that pomt.. . . terior pavement. The PRESIDING OFFI~ER. T~e Charr sustains the pomt.of or- There has been one great difficulty in regard to the construction of der. The amendment w~ adopte~ m the Senate;, a~d tha:t bemg so, horse-railways and the paving from the outside of the rails in every as the pre ~nt occupant of the charr understan~, It I~ not m order to section of'the country where these horse-railways have been u ed. move to stnke out th~ amen9-ment or auy portion of It. Senators will remember in passing about our streets here that there Mr. LOGAN. Or any port10n of the bill f . are to be perceived gutters directly on the outside of the rails, espe- The P!ffiSIDING OFFICER. Any portlOn of the amendment cially where the asphalt pavement is used. In tal.kinO' recently with adopted m the Senat~...... a very distinguished engineer, he spoke of a plan which he ha-4 in Mr. LOGAN. I beheve It ISm ord~r to add to the bill, IS It not f view, having given the subject a good deal of thought. He commu- The PRESIDING OFFICER. It 18• • • nicated with me on the subject, thinking the Senate had the entire M.r. LOGAN. I move to add the followmg proviso: power to determine the manner of construetion, and I give it here Provided, That this act shall not be so .construed as to require the l!nited States that these commissioners may have t D.e opinion of an engineer as dis- Governmenttopayany morethanone-thirdofthewhol~co~tofthesa~d~a-yement, tin171111!!bed as any in the United States .Army in my jud~ment. the residue to be paid by the property-owners and the D1str1ct of Columbmm equal . ~.-. . . · ' h · h t h proportions, and by the railroad company in the pruportion hereinbefore provided. His Idea 1s1 taking the blocks of gramte on t e outs1 e, t a t ey I I 1876. CONGRESSIONAL RECORD-· SENATE. 2543 should be laid, not all of an even width, but like teeth; that is to .Mr. COCKRELL. Is this appropriation intended to meet their ox- say, if it is to be two feet let the first line be twenty inches. and then pent:~e toot alternate with blocks of twenty-six and twenty, twenty-six and Mr. MORRILL, of Maine. No, sir; it does not reach them. · twenty, so that no matter at what angle a wagon may cross the track Mr. COCKRELL. Then why change "Senate" to "Cong1·essY" it will meet with a solid opposition, and no matter whether it be di Mr. MORRILL, of Maine. I have just explained. · rectly at right angles or whether it be in any other direction it will Mr. COCKRELL. I have tried to hear. strike at right angles with this alternate layer of materials. I think Mr. MORRILL, of Maine. As it now stands, members of the other all Senators who have noticed will agree with me t~at the cause of branch of Congres.~ becoming Senators, under a sharp construction of the rut is that in taking the track not at right angle the wheel of a the original amendment, might draw their mileaga although they did heavy vehicle rolls along between the track and the pavement, and not travel. The object of the amendmen~ is to provide mileage for thus you cut off the rut; but in the opinion of this en~eer the lay the travel of Senators who were summoned here on the proclamation ing of the outside pavement in this manner will entrrely heal this of the President in March of last year who otherwise would not have difficulty. come until December. It originally read "and who were not mem I take the liberty of making these remarks in regard to that sub bers of the previous Senate" If any portion were members of the ject here so that this plan may go before this commission if the· bill other branch, and came up ffom that House to this, although they should pass. . . had not traveled, they might be included in this amendment, as has · The bill was ordered to be engrossed for a third reading, and was been suggested to me, and I think it is obvious enough; and as that. read the third time. would not be within the general scope of the amendment, this modi Mr. LOGAN. I ask for the yeas and nays on the passage of, the fication is deemed proper. It is simply to provide for such Senators bill. as under the President's proclamation were required to come here on The yeas and nays were ordered; and being taken, resulted-yeas the 4th of March, when otherwise they would not have had to come 37, nays 11, as follows: until December. My honorable friend I trust by this time will see YEAS-Messrs. Anthony, Bayard, Boutwell, Burnside, Cameron of Wisconsin, the Hertinency of this amendment. Caperton, Clayton, Conkling, Cooper, Davis, Dawes, Dennis, Dorsey, Eaton, Eu- Mr. COCKRELL. I understand it now, sir. [Laughter.] munds, Ferry, Frelinghuysen, Goldthwaite. Gordon, Hamlin, Howe, Jones of Ne Mr. MORRILL, of Maine. I hope it is not ofi~nsive to my honor vada, Maxey, Morrill of Maine, Morrill of Vermont, Norwood, Patterson, Ran dolph, Ransom, Robertson, Sargent, Slierman, Spencer, West, Whyte, Windom, able friend from Missouri. aml Withers-37. Mr. COCKRELL. I was not a member of the lower House at the N.A.YS-Messrs. Bogy, Booth, Cockrell, Hamilton, Kernan, Key, Logan, Mc- time I came here. Creery, McMillan, Merrimon, and Oglesby-11. · ABSENT-Messrs. Alcorn, .Allison, Bruce, Cameron of Pennsylvania, Chris· Mr. MORRILL, of Maine. Then certainly my honorable friend has tiancy, Conover, Cragin, English, Harvey, Hitchcock, Ingalls, Johnston, Jones of no solicitude on that subject. [Laughter.] Florida, Kelly, McDonaJd, Mitohell, Morton, Paddock, Saulsbury, Sharon, Steven Mr. ANTHONY. Does that say" previous Senatef" What is the son, Thurman, Wadleigh, Wallaoo, and Wright-25. phraseology T So the bill was passed. Mr. MORRILL, of Maine. Let the Clerk read the whole clause. The PRESIDING OFFICER. The amendment to the amendment DEFICIENCY APPROPRIATION BILL. and the amendment will be read. Mr. MORRILL, of Maine. I move that the Senate p.roce~d to the Mr. ANTHONY. I have it before me. It reads: "And who were consideration of House bill No. 3128, being a bill making appropria not members of the previous Senate." Should not that be "who were tions for ~undry deficiencies for the current year. uot previously members of the Senate T" We never have had but one The motion was agreed to; and the Senate, as in Committee of the Senate. That commenced in '1789 and has continued ever since. Whole, proceeded to the consideration of the bill (H. R. No. 3128) Mr. MORRILL, of Maine. What it means is "the previous Con- making appropriations to supply deficiencies in the appropriations gress." · for the fiscal year ending June 30, 1876, and for prior years, and for Mr. ANTHONY. That would be proper; but I think it should be other purposes. "not previously members of the Senate." . Mr. MORRILL, of Maine. I a.sk that the amendments reported by Mr. MORRILL, of Maine. That might be a little comprehensive, the Committee on Appropriations be acted on as they are reached in because once in a while a man who has been in gets back. tl:re reading of the bill. Mr. EDMUNDS. That is rare. [Laughter.] The PRESIDING OFFICER. That course will be pursued, if there :Mr. MORRILL, of Maine. Very rare, to be sure; but that might be no objection. be a little hard on some of us. [Laughter.] The Chief Clerk proceeded to read the bill. The first amendment Mr. ANTHONY. "Members of the previous Congress" will do. I of the Committee on Appropriations was to insert after the word do not like the expression "previous Senate;" as though the Senate "dollars," in line 35 of section 1, in. the clause appropriating for the expired at a particular time. expenses of the special committee of the Senate to inquire into the Mr. MORRILL, of Maine. That is what I propose to strike out. l\fissls!:!ippi election, the following words: Mr. ANTHONY. My friend from Vermont, [Mr.EDMUNDS,] who .A.nd the disbursing officer of the Senate shall advance such parts of said sum to is always accurate, suggests "who were not members of the Senate the Sergeant-at-Arms of the Senate as the chairman of said committee shall in writ at its next preceding session." · ing direct for the purposes aforesaid; and the Sergeant-at-.Arms shall, as soon as may be, make a detailed report of the expenditures thereof, with proper vouchers, Mr. SARGENT. It seems to me that the amendment proposed by which, when so made, shall be received by said disbursing officer and returned with the Senator from Maine is very apt. It simply strikes out "Senate" his accounts to the proper officer of the Treasury Department. and inserts "Congress." We do not intend that this shall apply. to The amendment was agreed to. anyone whowas a member of the previous Congress, because he, be I•. The next amendment of the Committee on Appropriations was to ing here, did not perform the travel. If he was not a member of the insert after line 43 of section 1 : previous Congress, he will be entitled to it. SENATE. Mr. ANTHONY. All I object to is the phraseology, which implies For compensation of Senators for the fiscal year 1875, $83.19. that the Senate expires with every Congress. If you avoid that, I . Mr. COCKRELL. I should like to know what the object of that is. am satisfied. Mr. MORRILL, of Maine. That is a balance due a particular Sen Mr. MORRILL, of Maine. I propose to use the word "Congress." ator whose pay is short that much. '!'hat is all. Mr. .Al\TTHONY. I move to make the latter clause read" who were Mr. DAVIS. I understand that there was an error, probably in the not members of the Senate at its next preceding session." calculation of the milea~e of a Senator. It is less than $100. Mr. SARGENT. That does not cover the case, because then if they 1\ir. MORRILL, of Marne. Exactly this sum, $83.19. were members of the previous House of Representatives they might The amendment was agreed to. receive this mileage though they did not perform the travel. There 'I'he next amendment of the Committee on Appropriations was to fore by saying "members of the previous Congress" we cover the insert after the amendment just adopted the following clause: whole case. Then the amendment will read: For the payment of mileage to Senators who took their seats at the session of the For the payment of mileage to Senators who took their seats at the session of the Senate convened on the 5th day of March, 1875, by proclamation of the President, Senate convened on the 5th day of March, 1875, by procla.ma.tion of the President, and who were not members of the previous Senate, ,6,336. and who were not members of the previous Congress. That is the way we propos: it to read. · If they were members of Mr. MORRILL, of Maine. I move to amend by striking out the the previous Congress in either branch, they will not be entitled to word " Senate," in the last line, and inserting "Congress;" so as to the money; and therefore we say they shall not have been members read: of the previous Congress. • And who were not members of the previous Congress. Mr. ANTHONY. I think a man who is a member of the House and The object of .the amendment is to provide milea~e for Senators is elected a member of the Senate is entitled to mileage. who, not being members of Congress and not being nere in attend Mr. SARGENT. For an extra session, when he was sittiug on the ance on Congress at the capital, were called here, as otherwise they 4th of March in ·the House of Representatives f. would not have been but for the extra session. Mr. ANTHONY. Although I think this provision is perfectly right, Mr. COCKRELL. I do not understand the Senator. What other it is a departure from the precedents certainly. It has not been cus officers of Congress besides Senators were called here T tomary to pay Senators mileage for attendance at a called session . .Mr. MORRILL, of Maine. I am not aware of any. When a session has been called on the4th of March, at the beginning :Mr. COCKRELL. Were ·any of the officers of the Senate called . of the term of a Senator,.it has not been customary to pay him mile here that this appropriation is to meet T age; but I think it ought to be done. It .was not done in my case, I Mr. MORRILL, of Maiue. There were uudoubtedly. know. I ·- 2544 CONGRESSIONAL RECORD-SENATE. APRIL 18, Mr. SARGENT. For a number of years past it has been the cus ing out of the Black Hills expedition, the Sioux Indians were found tom where new Senators have come in on the 4th of .March, at an ex to be in a6tate of great disorder, and the President of the United tra se::;sion, to pay them mileage. I remember distinctly, and can call States deemed it expedient to institute a commi sion to treat with my friend's attention to the statutes where this appropriation has the Indians for the pacification of that question by settlement, by been made, and it is just that it should be made. treaty, or otherwic;;e. A commission was instituted to go out and :Mr . .ANTHONY. I think it is." treat with those Indians, at any rate to endeavor to postpone, until Mr. SARGENT. But if they were members of the previous Con Congress should meet or until something further should be done, a gress, either in the Senate or the House, and performed no travel at collision between the Black Hills people and the Indians, which was all, we have ceased for a number of years to pay mileage. I remem deeme·d to be imminent. This expense grows out of that general ber that when I came over from the House of Repres~ntatives I re fact. A commission was instituted by the President on the recom ceived no mileage, and I ought not to have received any. It had mendation of the Secretary of the Interior; the commis ion went not been done then for several Congresses. It is one of the reforms out; and this appropriation is for the personal expenditures of the that we have wrought in this department of expenditure. commissioners, their incidental expenditures in negotiating aud in The PRESIDING OFFICER. The question is on the amendment communicating with the Indians. It turns out that one of the com proposed by the Senator from Maine to the amendment of the com missioners is now the chairman cf the Committee on Indian Affairs, mittee. and if any more definite statement or substantial evidence is neces The amendment to the amendment was agreed to. sary I shall be obliged to refer to him. The PRESIDING OFFICER. The question now is on the amend Mr. EDMUNDS. That is definite enough for me. I should like to ment of the Committee on Appropriations as amended. ask the Senator from Ma,ine further whether there has been any pre Mr. EDMUNDS. I move to insert after the word "mileage" the vious appropriation out of which any of these expenses could have words" for actual travel only;" so that, if thus amended, the amend been paid f ment will read : Mr. MORRILL, of Maine. None at all. The Senator is aware that For the payment of mileage for a{ltual travel only to Senators who took their seats under our present mode of making appropriations there is no author at the session of the Senate convened on the 5th day of March, 1875, &c. ity for an expenditure out of any specific appropriation for any other :Mr. MORRILL, of Maine. . There can be no objection to that; but purpose. I am not aware of any fund out of which they could have whether it is not supererogatory matter altogether is another ques been paid unless it might have been a contingent fund, and latterly tion, Of course not being members of the Senate before that time, we have not appropriated a contingent fund to the Department of they would necessarily travel to get here. That was our idea about the Interior for this purpose. · it. However, there is no objection to the Senator's amendment. Mr. EDMUNDS. So that the Senator understands there has as yet Mr. EDMUNDS. I have been under the impression from some ob been no exp·enditure of public money for the class of objects named servation that in order to prevent money from get~ing out of the in this amendment ' Treasury it is necessary that a law should be as carefully drawn as a Mr. MORRILL, of Maine. None at all that I know of. I have no plea in abatement; that it should absolutely exclude every possible reason to believe that there has been any expenditure for this pur means of guessing that it could possibly include something else. pose. Therefore, out of abundant caution, I would put this in, particularly Mr. EDMUNDS. I move, in aid of this amendment, to-insert after as it applies to people who I know in this instance would never think the word "the" in line 290 the word " lawful;" so that the clause, if of taking money except for actual travel, so th!tt there can be noth amended, will read: · ing invidious in beginning the example on this particular cla-ss. For this amount, or so much thereof as may be necessary, to pay the lawful com- The PRESIDING OFFICER. The question is on the amendment pensatjon. · proposed by the Senator from Vermont to the amendment of the com The amendment to the amendment was agreed to. mittee. !t!r. EDMUNDS. I move in the same line to strike out the word The amendment to the amendment wa.s agreed to. "and" after the word "necessary." It now reads "the com pen ation The PRESIDING OFFICER. The question recurs on the amend and necessary and incidental expenses," so that the word " necessary" ment proposed by the committee, a.s amended. does not apply to the word "incidental." You have provided for the The amendment, as amended, was agreed to. compensation, and if you then provide also for the necessary inci The next amendment of the Committee on Appropriations was dental expenses, it covers the wh.ole subject and limits the authority after the amendment-just adopted insert: for allowance of accounts to necessary incidental expenses and com to pensation. For labor, 18,000; and $1,000 of said sum, or so much thereof as may be neces sary, shall be used to pay the L'l.borers employed in the Secretary's office. Mr. MORRILL, of Maine. I suppose as it stands it nieans neces sary expenses ·and incidental expenses-- The amendment was agreed to. Mr. EDMUNDS. Whether necessary or not f · The next amendment was after the amendment just adopted to Mr. ALLISON. I think there is no objection to the amendment. insert: Indeed, I think it is rather an error to have the word" and" before Fm:.folding documents, $1,400. ·. - · "incidental." The amendment was agreed to. · Mr. EDMUNDS. I think so, too. The next amendment was after the amendment just adopted to Mr. ALLISON. Of course it ought to be corrfined to the necessary insert: incidental expenses. For horses and wagons, $565. Mr. MORRILL, of Maine. I do not know what the idea was, but The amendment was agreed to. I supposed a distinction was intended to be drawn between the com The next amendment was after the amendment just adopted to pensation of the commissioners, their personal expenses, and the ex penses incidental to the negotiation with the Indians. insert: !t!r. EDMUNDS. But I submit to my friend fro_m Maine toot the For furniture, and repairs of the same, $6,500. personal expenses of the commissioners are incidental to the object The amendment was agreed to. they have in view; perfectly so. The next amendment was after the amendment just adopted to Mr. MORRILL, of Maino. Very well. insert : . Mr. EDMUNDS. Whereas, if you leave it as it stands in the com For advertising proposals for reporting congi'6Ssional proceedings for the fiscal mittee's amendment, the necessary expenses of the commission are to year 1872, $36. be paid, and besides that whatever incidental expenses they may have The amend.m.ent wa.s agreed to. · incurred, whether necessary or not. Of course the Senator does not The Chief Clerk continued the reading of the bill. mean that. The next amendment of the Committee on Appropriations was in The PRESIDING OFFICER. The question is on the amendment line 285 of section 1 to strike out " Office " and insert " Bureau; " and of the Senator from Vermont to the amendment of the committee. in line 286, after "Education," to insert "exclusively;" so as to make The amendment to the amendment was agr~ed to. the clause read : Mr. ALLISON. On the motion of the Senator from Vermont, in line For rent of rooms for the use of the Pension ~ureau and Bureau of Education ex. 290, befor~ the word "compensation," the word ''lawful" was in dusively, for the fiscal year ending June 30, 1876, $9,000. serted. I do not know precisely what object the Senator ha4 in view The amendment was agreed to. in inserting that word. I do not know that there is ::my objection to The next amendment was to insert after line 288 of section 1: it, but I should be glad to have some little explanation of it, if it is For this amount, or so muc~thereof as may be necessary, to pay the compensa not too late. ·tion and necessary and incidental expenses of the commission appointed June 18, !t!r. EDMUNDS. My object wa.s to make this appropriation bil1 1875, to treat with the Sioux Indiaus for the relinquishment of the Black Hills keep within the scope of the law and that this provision should not -country in Dakota T erritory, $25,000. allow the {l.ccounting officers of the Treasury Department t.o pay any Mr. EDMUNDS. I should like to hear that explained. unlawful claims, and to confine this definition of the expenditure of Mr. :MORRILL, of Maine. Tlie chairman of the Committee on In money to any lawful compensation and to a.llow none that ruay be · dian Affairs [Mr. ALLisoN] can explain it. unlawful. That was thA object, and it was so manifest that I did 1\fr. EDMUNDS. I am asking the chairman of the Committee on not think it nece-ssary to make a speech upon it. Appropriations to explain it. · Mr. HOWE. Mr. President, under the provision as amended by the 1\lr. :MORRILL, of Maine. I will respond to the Senator from Ver Senate could any compensation be paid if there was no statute in mont. This deficiency arises in this way : Apprehending troubles, existence authorizing the appointment of.this commission and fixing •or in the presence of troubles already existing on the fr'!~tierJ?~~- the compensation of the memoers f 1876. CONGRESSJONAL RECORD-SENATE. 2545 Mr. EDMUNDS. You must ask the President, not me. pay, e~ allowance, or compensation •. in any form whatever, for the disbursement of p~blic money or for any other serVIce or duty wha~ver unless the same is au Mr. MORRILL, of Maine. Allow me to answer that. tbo~Ized by law ami the appropriation therefor explicitly states that it is for such Mr. HOWE. I do not care who .answers it. additional pay, extra allowance, or compensation. Mr. MORRILL, of Maine. I raised ~o question as to the amend ment proposed by the Senator from Vermont because I did not think Without the word ''lawful" the clause would prevent any officer it affected the amendment. I have no doubt at all that the appro of the. Government from receiving the compensation or pay. I do priation is perfectly legal. I think the President, having by the Con not think t.he word " lawful" would make any change in any partic stitution of the United States the authority to negotiate a treaty with -qlar. the Indians, is authorized to institute proceedings to that end: Obvi Mr. EDMUNDS. ~t bas been sometimes claimed, let me suggest to ~usly enough, that is the province of the President, and in this par the Senator from Ohio, that the later act which contained no limita ticular instance I have no doubt that the exigency existed which tion has been construed to be additional to the old law, and to change called upon him to do that thing, not by himself but by his embas the effect of the standing statutes, as all new laws are generally ex sadors. These commissioners were in that nature; they were insti pected to do either by way of addition or alteration. Therefore to tuted a commissi~n to go into that country and negotiate a treaty guard against what has sometimes, as I have known, been claimed I with these Indians, as has been done heretofore. Would not that thought it desirable to put in that word. , ' create an obligation on the part of the Government to pay them f Mr. HOWE. With the operation of the word ''lawful" as limited Mr. HOWE. But to pay how much, may I aakmy friend f by the Senator from Vermont and by my friend from Maihe of course Mr. MORRILL, of Maine. To pay a reasonable compensation. there is no exception to be taken; but it struck me that the use of Mr. HOWE. Who is to be the judge of what is a reasonable com- the word "lawful" would prevent the paying of any compensation. pensation f . whatever. · I am doubtless mistaken •about it. If the Senator from Mr. MORRILL, of Maine. Congress. We say it is reasonable that Vermont and the Senator from Maine are right in supposing that the they should be paid $25,000, if it was lawful to incur it. The onlv President has at anyandatalltimestherighttomuster into his serv-· question here is as to the amount which we will sanction by fix:in!J' a ice in the negotiation of treaties, either with Indians or with foreign sum. As ~o t~e qualification of the amendment by the _term "lawfcl," powers; any number of citizens that he chooses to employ and by do that applies stmply to the ~ baracter of the transaction, whether legal ing that can create a liability on the part of Governmen't to pay for or illegal. those services-- Mr. HOWE. Of coursetheappropriationis limited. Nomorethan Mr. EDMUNDS. If by "liability" you mean "duty," I agree with $25,000 can be disbursed both for compensation and expenses. Sup you. pose it should turn out that the expenses are only $5,000, would the Mr. HOWE. Of course if there is a liability, there is a duty. If disbursing officers be at liberty to disburse $20,000 for compensation f that can be done, as there were some citizens on this commission I Mr. MORRILL, of Maine. I do not think there is the slightest believe, who were drawing pay from the Government as officers~if limitation as to that. Certainly there is no limitation on the author the designation of those gentlemen to that duty creates an obligation ity of the disbursing officers a,s to how much of it shall apply to the on.the.part of the Government, a legal obligation to pay them for compensation and h9w much to the incidental expenses. Twenty-five domg It, and fixes the sum that should be paid to them then there thonsaud rlollars is appropriated to this particular object, that is for is no sort of objection to the use of the word "lawful."' I thought compensation and incidental expenses. The only question that could there wa8 no provision of law-I know of none-which authorized aJ:iso possibly, it seems to me, in the case is, Wa.ll it lawful f That it the app()ip.tment of those men. was lawful, I submit, is clear because the President is by the Constitu Mr. EDMUNDS. Does the Senator from Wisconsin mean to inti tion authorized precisely to do this thing, to make a treaty. That he mate that he believes that the action of the President on this occa undertook to do, and whether it failed or not does not become impor sion was contrary to law T tant. I suppose the idea of the Senator from Vermont in inserting Mr. HOWE. I meant to say that I believed there was no law that '' lawful" was to fortify the amendment. I think it does fortify it I knew of no law, authorizing their employment. ' and without it I confess I think there would be an omission. ' Mr. EDMUNDS. And he therefore had no authority to do that l\Ir. EDMUNDS. If a private citiZen were appointed on this com thing T mission to negotiate a treaty which the President, as the Senator Mr. HOWE. No authority to do that thin!J'. says by the Constitu~ion, if any of it is left yet, apparently may do, Mr. EDMUNDS. Then it was a violation of the duties of his officef w batever compensation may be thought proper, any amount that is Mr. HOWE. If there was a law, where was itY reasonable pay, it would be lawful to pay him,·if Congress provided Mr. EDMUNDS. The Senator from Maine has stated that it was in the money, undoubtedly. Butsupposingthat thePresidentshouldbave the Constitution, authorizing the President, by and with the consent selected the General of the Army, the Secretary of tne Navy the of ~he Sena~, t? mak~ treaties, &c., and as necessary to that to en Attorney-General, and so on around, to ne!J'ohate this treaty, then ter mto negotiatiOns With the people with whom he is to treat. there is a statute of the United States which declares that no officer .Mr. HOWE. I am undoubtedly wrong, because I am at variance of the United States shall draw double pay. Therefore leaving out w1th the Senator from Vermont and with· the Senator from Maine· the word" lawful," if tl).e Secret.ary of War and the General of the but when ~he Co~titution confers upon the President the power ~ A!~Y and so on bad been selected, t~is would be making a fresh pro make treaties,.! did not suppose that that of itself carried the power VlSIO~ of the law that would authonze those gentlemen to draw their to t}mploy all the citizens of the United States to help him make salanes as lJeads of Departments and officers of the United States and treaties. The law from time to time provides for re-enforci.llg him in addition thereto to receive· compensation and reasonable compen sometimes by Indian commissioners, sometimes by Indian a!J'ents some~ sation for this special service. That is contrary to the express stat times by sp~cial agents, sometimes by.:(oreign ministers, a:d when the utes of the United States, and is contracy, in my opinion, to sound law: authonzes such re-enforcement, 1t provides the compensation to principles of administrative government. Leaviug the word "law which they shall be entitled. However, this is not a matter that in ful" in, as it has been a~reed to, you obviate that difficulty and apply ter.ests me at all. I .simpl~ thought the disbursing officers would be same principles of law to this case that the general statutes of a. little embarrassed m paymg anybody connected with that commis United States already existing apply to other cases. siOn. There were some gentlemen who were not to get pay at all and M~. ALLISON. I happen to k?ow something about this particular I thought they ought to be paid a fair sum. " ' provts1on. I know that the President of the United States designated Mr. EDMUNDS. I think so, too. certain private citizens and also certain public officers. The let Mr. flO WE. If they can be paid under the clause as it stands I ter o~ designation and instruction•pJ;ovided that the private citizens . am entirely content .with it. ' app~mted upon the commiss~on should .receive $8 per day for their The PRESIDENT pro tempore. The question is on the amendment · serviCes and expenses; and 1t also provtded that those who were in o£ the Committee on Appropriations as amended. . office-! be]).eve two of the commissioners were already holdin(J' of The amendment, as amended, was agreed to. fice-should receive no compensation, but should be allowed their The Chief Clerk continued the reading of the bill. ordinary expenses. . The next amendment of the Committee on Appropriations waa to Mr. EDMUNDS. That is according to the law. insert after line 311 of section 1 : Mr. .ALLISON. That I understand to be in exact accordance with Fo~ the purpo~e ~~ paying the expenses of ~ran~portation, care and custody, ar the law. ThE.Irefore, I understand t4e effect of the amendment ~o rangmg and exhibiting, .a~d s~e return !Jf articles belonging to the United States posed by the Sonator from Vermont simply t.o be that those persons ~ ~e presen~d and e~br~d m the Umted States bmlaing at the centennial exhi bition at Philadelphia, dnnng the year 1876, in pursuance of an act of Con"'ress who served upon this commission who were already in office shall not approved March 3, 1875, the following sums are hereby appropriated na:ely· aga.in be paid ou~ ·of this appropriation. If tha~ is the object of it, I Fo~ the ~terior. D~partment , $15,000 ; for. the War Department, $1H, 500 ; for th~ entrrely concur With the Senator; and I can assure him that no officer Snnthsomanlnstitution, $21,000; for the Uruted States Commission of Food-Fishes upon t.hat commission will ever make any claim for any portion of $5,000; for the Treasury D.epartment, 814,00~; the same to be disbnrsed by th~ board on behalf of the Um~d States Executive Departments appoir.t.ed in pursu this fund. ance of the order of the President of January 23, 1874: Provided That for contin Mr. EDMUNDS. I hope the Senator did not suppose that I thought gent expenses any surplus arisinl! from appropriations made to ~ither of said De he was going to make any claim. part~ents by a{lt of March 3, 1875, is hereby authorized to be used for the purposes Mr . .ALLISON. No; I did not for a moment suppose that. herem mentioned. .• . Mr. SHE~MAN: I think. Senators ou~ht to understand ~he precise Mr. COCKRELL. I should like to have an explanation of ihe rea· effect of then actiOn. I think the case IS covered by sectiOn 17.65 of son why this amount is placed in the hands of the board to be dis· the Revised Statutes, which provides that- . bursed, instead of being disbursed by the bea-ds of Department them No officer in any branch of the public service or any other porson whose salary selves. pay, or emoluments are fixed by law or regulations, shall receive _any additionai Mr. MORRILL, of Maine. The board is the agent of the Depart IV-160 2546 CONGRESSIONAL RECORD-SENATE. APRIL 18, menta, appointed by the Presid~nt for that particular purpose. We . ~addition to balances due from a few marshals whose accounts are not yet ad- · appropriated $500,000 last year to enable the Departments to make Jnsted. · this exhibit, and the President tt.ppointed a board, at the head of I respectfully suggest that ap.Plication be made by you for an appropriation of that amount to s~pply the defiClenC¥ for the fiscal year ending June 30, 11375. which is a general of the Army, to make the disbursements. That is Your obedient servant, the pa.rticular reason why it is done. . · R. w. TAYLER, Oompt1·oller. Mr. COCKRELL. A board of officers f Ron. EDWARDS PnmREPoNT, Mr. MORRILL, of Ma.ine. General Lyford is at the head of it. Attorney-Gemral. Mr. COCKRELL. And the other members of the board are civilians! Mr. EDMUNDS. I should like to ask the chairman of the commit- Mr. MORRILL, of M:1ine. I am told they are officers detailed from tee, if I am not trespassing too mueh upon his time, whether under the different Departments, probably representing each Department. the head of "expenses of suits in which the Unit.ed State are con Mr. COCKRELL. Then the proviso makes an additional appro- cerned," in lines 337 and 338, is included, or could be, the expen e of priation. • the employment of special cOlmsel, which goes to make up this Mr. MORRILL, of Maine. That does not ma.ke an additional ap· $65,~, or any part of itf I do not mean by this inquiry to say that propriation. That provides that any of the unexpended appropria- spemal counsel ought not to be employed. They must be employed, tion for tmy one of these Departments may be used. That is all that as a matter of course, very often ; but I merely ask for information. it provides for. l'!Ir. MORRILL, of Maine. I suppose the expenses of special coun- Mr. COCKRELL. Suppose there is a surplus due to any or all of sel would come under that term. "Expenses" is a pretty broad · these Departments. Five hundred thousand dollars might be appro- word. 'priated by this amendment. Mr. EDMUNDS. Is this sum adequate, supposing the payment of Mr. MORRILL, of Maine. The specific appropria.tions for the pur- special counsel would fall under that expre sion, as I think it would, pose of exhibiting have all been exhausted except in one instance, looking at the face of the.law a.lonef Is this sum of $65,000, which and that is in the Navy Department. ·It will be perceived that these seems to be chiefly accounted for in some other way, adequate f specific sums are for expense of transportation &c. If it should turn Mr. MORRILL, of Maine. It occurs to me that the counsel fees out that there should ·be a surplus, then we give them authority to are really not included in that item. use it; that is all. 1\Ir. EDMUNDS. I imagine so. Mr. ALLISON. If I understood the objection of the Senator from Mr. MORRILL, of Maine. Because what I have had read runs up Missouri, it is to the last proviso. to $60,000 and a little more for other than counsel fees. The Sena- Mr. EDMUNDS. He has no· objection now. tor from Ohio [Mr. SHERMAN] suggests a solution of the whole Mr. ALLISON. Then he waives his objection. I only wanted to thing. He says that counsel fbes are always paid first , and there say that the former appropriation for th~ contingent expenses was fore there is no occasion to appropriate for them. only 25..1..000. . Mr. EDMUNDS. That unhappily iR not the case in my experience, Mr. CoCKRELL. I understood the oha.irman of the committee to but I have never had any with the United States. say $500,000. Mr. MORRILL, of Maine. They do not do that way up in Vermont Mr. ALLISON. That was the total a£propriation. The appropri- perhaps. [Laughter.] ation for the contingent expenses was $25,000. · Mr. EDMUNDS. It is not according to my experience. Will the The amendment was agreed to. Senator be kind enough to tell us in respect of this second item how The Chief Clerk in reading the bill read the following cla.ilse, lines it happens that the8e territorial expenses have run up in this way, 334 to 342 of section 1: · when according to our territorial system, as I understand it, the Ter- For defrayii1g the expenses of the Supreme Court and circuit and district courts ritories are expected to bear the expense of summoning juror and of the United States, including the District of Columbia; and also for jurors and witnesses so far as respects the administration of the law of the Ter witnesses, and expenses of suits in which the United States are concerned, of pros- ritory, setting aside for the time being the United States law per se, ecutions for offenses committed against the United States, for the safe-keeping of J·ust as is the case in the States f Why has not this Territo1-v if it p1isoners, being a deficiency for the fiscal year 1R75, $65,000. ·J 1 The next amendment of the Committee on Approprin,tions wa in has not, made provision for these expenses t If it has not, why is it line 346 of section 1, to reduce the appropriation ''for the defraym· g not required to do it instead of its being paid out of the Treasury of the United States' of the expenses and fees of the United States marshal of the Terri- Mr. MORRILL, of Maine. 1 do not know that I can recall with tory of Utah and of summoning jurors and witnesses, of keeping and · h f hi transportin!! prisoners and caring for the penitentiary," from $6,000 entrre accuracy t e act about t s matter, but last year the Senator $ ~ may remember the proposition was referred to his committee. There to ~~ administered, by this means, instead of the people bearing the ex he accounted for all the articles that were cbnrged to him during his pense as they do in the other Territories, the Treasury of the United term of service. One case I know especially, where there was a States to that extent, in addition to what we have appropriated for charge of perhaps $.100,000 against a former quartermaster, and there their legislative expenses, is to bear it. was compensation due him of about $1,800. He had to settle his ac Mr. SARGENT. It grows out of the anomalous condition of Utah, counts and pay whatever he could not satisfactorily explain into the unquestionably. Treasury before his account for pay could be settled. These balances Mr. EDMUNDS. That does not make it any better in point of tax grew out of snch differences as that. ing the people of the United States for it. Mr. DAWES. That evil arises-! do not know that any one is to Mr. SARGENT. I admit it is very bad. blame for it-from the fact that accounts remain unsettled in the The PRESIDENT pro tempore. The question is on the amendment Treasury Department year after year, and in the War Department of the committee. particularly. Often a man's representatives are called on to pay upon The amendment was agreed to. accounts after he is dead and gone, :.md so smeties ou bonds are held The next amendment reported by the Committee on Appropri:ttions responsible for a-ccounts that have lain year after year in the De was in section 2 to insert the word "dollars'' aft.er "thousand" in line partments and been supposed by parties and by their representatives · 2 ; 130 as to read : and their bondsmen to be settled. Now I hope this is an indication That the sum of $1,165,000 remaining to the credit of the appropriation for pay of the fact that they are settling up these accounts, and closing the of the Army, &o. books, and opening up new books, which was the intention and the The amendment waB agreed to. purpose of the act of 1870, to which the chairman of the Committee The reading of the bill WaB continued and concluded. on Appropriations ha8 alluded. The purpose of that was to open Mr. DAWES. I should l.ili:e to inquire of the chairman of the com n~w books at the beginning of every fiscal year, and to carry that mittee how came these deficiencies for all these back years which are out it was necessary to settle up the old books. provided for in the third section on pages 18, 19, -20, and 21 f What Mr. MORRILL, of Maine. In lines 166 and 167 of section 1, after new process in the War Department has developed these deficiencies l the words "secretary's office," I p1ove to insert "of Wyoming 'ferri Mr. MORRILL of Maine. If the Senator will excuse me, I do not tory." quite llnderstand the inquiry. . The amendment was agreed to. Mr. DAWES. I see that these are deficiencies occurring six, seven, Mr. MORRILL, of Maine. I am directed by the Committee on or eight years past in the War Department. Take the one hundred Appropriations further to move to amend the bill by striking out in and thirteenth line of section 3 ; there is a deficiency that occurred line 169 of section 1 " 2,500," and inserting "$2,839.53;" and adding in the " year 1871 and prior years." I simply desire information on to 'the clause : the subject. Provided, That the sum of S1,710, a.p:propriated by act of March 3, 1875, for legis. Mr. MORRILL, of Maine. If the Senator will look to Executive la.tivj:). expenses of sa.id Wyoming Terntory, having been actually appropriated Ior will the current expenses for the fiscal year ending .June 30,1876, and expended a.cc,prd Document No. 151, he find all these balances stated. They are indy, shall be so regarded by the accounting officers of the Treasnry Departnf{mt. small balances resulting from the settlement of the accounts of former l'or amount dne George W. French, secretary of Wyoming Territory, for salary years, the accounts not having been settled before, and so the bal from the 24th day of February, 1875, to April29, 1877, $499.20. ances were not ascertained. They accrued in that J oar, but as by our recent legislation nothing can be paid except what accrued in the The amendment Wll.S agreed to. current year, the House of Representatives have, as the Senator will Mr. MORRILL, of Ma.ine. I submit an amendment to the consid see by turning back, provided for settling these balances by reviving eration of the Senate proposed by the Committee on Finance : ·the appropriations applicable to their payment. To enable the Secretary of the TreaRnry t-o pay for stone delivered under con· Mr. DAWES. I get an idea. How have these unpaid accounts been tract for the post-office building at Pa.rkersbnrgh, West Virginia, 10,000. lingering along' Mr. SHERMAN. I oug?t to correct a misapprehension. That does Mr. MORRILL, of Maine. There is no other explanation of it, and not come from the Committee on Finance. It is based on an esti probably it is susceptible of no other explanation than that these a-o mate from the Treasury, showing a defi • 2548 CONGRESSIONAL RECORD-SENATE. APRIL 18, DEPARTMENT OF THE INTERIOR, OFFICE OF LWI.AN AFFAIRS, 20,000 pounds, when he knew that he had not enough money to meet TYtlShington, D. 0., Aprill3, 1876. the necessities of the Indians. That is an interesting fuct that should Sm: I have the honor to trnnsmit herewith a copy of a letter of the 7th instant, go along with it for our consideration, I take it. from Hon. S. B. ELKINS, inviting attention to a letter dated the 29th ultimo1 ad dressed to him by J'. M. Shaw, n.gent for the Apache Indians at the Soutnern Mr. ALLISON.' If the Senator will pardon me, he makes a mistake Apache agency, New Mexico. · when he says the Commissioner knew that be was exceeding the ap In his letter Agent Shaw details the dangerous condition of affairs at his aaency propriation. I doubt very much whether the former Comrrils ioner on account of the limited quantity of supplies at his disposal, which, at the da:te of did know that fact. his letter, were nearly exhausted, and setting forth the disastrous consequences to result from a stoppage of issue of supplies to his Indians. Mr. 'DAWES. The former Commissioner knew. that there wa,s I also inclose a copy of a. letter from Agent Shaw of the same nate. addressed to 125,000 appropriated the year before and he knew that there was this Office, upon the same subject, in answer to a telegram of the 28th ultimo, and only 100,000 appropriated last year, and he knew there were more copies of Office letter of the 19th February la,st, and telegram above referred to. Indians the last year than there were the former year; and with that In l'eferring this matt~r for your consider11tiDn. I will state that the amount ap propriated for the Apaches inNew Mexioo fo:t the current fiscal year was $100,000- knowledge he felt compelled to exceed his appropriation. The curios $25,000 less than was appropriated for the same purpose for the past fiscal year; ity of the thing is that, knowing that he was obliged to exceed hi~ that according t.o the annual reports of the several agents in New Mexico for 1875 appropriation, he should indulge in this exce sive purchase of sugar. fotir thousand and fifty Apa~hes were on reservations during that year and cared for and snb is ted; while t:he reports of said agents for 1874 show that only three One would suppose that if he were obliged to exceed his appropria thousand one hundred and sixty of said Indian':! were on reservations; ,ibus show tion he would have tn.ken care to have it in the line of the absolute ing a decrease of 20 per cent. in funds and an increase of over 28 per cent. in the num necessities of the Indians. Now they have the sugar on hand, and the ber of Indians to be cared for, against the service for the present fiscal year; or a chairman of' the committee is solicitous for fear the ants will eat it. per capita of $39.55 !or the past, and of only $24.69 for the current fiscal year. . This latter sum was deemed inadequate, and my predeces or entered into con That is an interesting feature of the .ca&e that I should like to hear tracts for a larger purchase of supplies than was warranted by the appropriation. the chairman of the committee upon. A deficiency which had accrued before my entering into the service, and which Mr. ALLISON. I have no solicitude on the subject whatever. I now exists, of about 24,000 wa-s thus created. only suppose that New Mexico is a reasonably hot place, and I know Every effort has been made to carry on the service in New Mexico without ap pealing for congressional aid, but a-s there· is already a deficienc.v of the amount that ants light upon sugar as well as on other things. I have no named, thus leaving the Department powerless to comply with the requirements of interest in this matter other than any other Senator. -It is true the sixth section of the act of March 3, 1875, which provides that no deficiences that the former Commissioner of Indian Affairs did purchase more shall exist, and in view of the urgent demands for additional supplies for the In sugar than was needed. It is also true that he has already exceeded dians, not only at the Southern Apache agency, but at all the agencies in New Mexico, I am constrained to lay the matter before the Department, with the hope the appropriation. It is also true that that was in violation of a that the same may be forwarded to Congres& with favorable recommendation for statute. But that Commissioner ha-s passed away and a new Com early action thereon by that body. · missioner is now discharging the duties, and he tells us that this ap There will be required to meet the present deficiency, as before stated, about propriation io absolutely necessary to carry ou the operations of his $24,000; to pay for the actual necessn.ry cost of running the several agencies to the close of the fiscal year, $6,000, and for the purchase of additional supplies, 10,000, office. I have faith in his integrity, and I have faith that this appro making in all $40,000. priation will be properly administered; and having bad these paper Agent Shaw reports that he has a surplus of about twenty thousand pounds of presented to me and having consulted the proper persons connected sugar, which will not be needed, and has asked that he be authorized to sell or ex with the Committee on Appropriations in reference to it, I have dis change the same for beef, flour, &c. As there is no law which would authorize a transaction of thiS character he was notified that authority could not be granted charged any duty that I have in the matter, and now leave it with him to do so. the Senate to decide. I recommend, however, that Congress be asked to authorize the Department to Mr. DAWES. It is true the Commissioner has passed away, bot I sell the said sugar and use the proceeds in the purchase of supplies for the South have een somewhere some observations of a commi sion that were ern Apache agency; or ~ant the requisite authority to exchange the same for beef, baoon, flour, &c., (wnich can be done for its full value.) sent out to review his great work, commending that work as worthy This sugar cost nearly twenty cents per pound delivered at the agency, and of commendation and approval. should Congress authorize it.'l disposal in the manner inclica.ted, the amount neces Mr. ALLISON. That was as to civilizing and Christianizing the sary to be appropriated for the object-s herein named mi~ht be reduced to 636,000. I have the honor to be very respectfully, your obedient servant, Indians, and not so much in reference to the materials supplied. · . J'. Q. SMITH, Oommissioner. Mr. DAWES. It may hJtye been that the approval wa intended to To the Honorable THE SECRETARY OF THE INTERIOR. cover simpJ.y the work of civilization ; but the commuhity have failed _ to make the distinction. Mr. ALLISON. Only one word of explanation in reference to this Mr. STEVENSON. May I ask the Senator from Iowa if this 'is an appropriation. I have in my hand a number of other papers showing amendment offered by the Committee on Appropriations f the necessities of the Indians at this agency. The reading of the Mr. ALLISON. I may say, in answer to the Senator from Kentucky document just presented discloses the fact that whoever purchased that it is an amendment offered rather informally by the committee. ~upplie-9 for this agency seemed to think that a large amount of sugar It wa-s not considered in the committee-room by the committee, but was neces&'hl'y, so that the report indicates that there is a surplus of the variollS members of the committee were consultecl, and it wa 20,000 pounds of sugar at this agency, with no beef or flour. The regarded as so obvious a matter that so far as I did consult the mem agent thereupon applies to the Commissioner of Indian Affairs for bers of the committee they agreed to it. authority to exchange this unnecessary article of sugar for the very Mr. STEVENSON. May I aak further whether it is recommended necessary articles of beef and flour, and receives a reply, which I by the Indian Committee f have here, stating that the Commissioner of Indian Affairs has no Mr. ALLISON. No, sir. authority to authorize such exchange. I have read these papers very Mr. STEVENSON. Then I raise the question of order. It mm.ot carefully. They disclose I think the necessity for this appropriation. come from some committee, aa I unde1·stand the rule. The papers only reached me last evening, and I have consulted with The PRESIDING OFFICER, (Mr. MERRnWN in the chair.) The such members of the Committee on Appropriations as I could consult amendment is not in order. · · during the day, and they have agreed that I should offer this amend 1\lr. ALLISON. I trllSt the Senator from Kentucky will not raise ment. I do so believing that it is absolutely essential to carry on that question. the Indian service in this remote region. 1\lr. SARGENT. It seems tomemyfriend from Kentucky is rather Mr. COCKRELL. Will the Senator permit me to ask him a ques late in raising the point of order. tion' Mr. STEVENSON. I will withdraw it. I think it is in time, but Mr. ALLISON. Yes, sir. still I will not insist on it. Mr. COCKRELL. When waa this report of destitution made Y The PRESIDING OFFICER. The point of order is withdrawn. Wa.s it back in the cold weather! The question is on the amendment offered by the Senator from Iowa, Mr. ALLISON. The first paper that I have here is dated Febru- [:Mr. ALLISON.] . , ary 19. The question being put, a division was called for,· and the ayes Mr. COCKRELL. That was in midwinter, I suppose. were 22. Mr. ALLISON. I presume so. Several SENATORS. Give it up. . Mr. COCKRELL. Cannot they subsist themselves now in hot The PRESIDING OFFICER. The amendment is agreed to. weather when they can roam :md range at will J,fr. COCKRELL. I aak for the yeas and nays. Mr. ALLISON. I think there is uo way of subsisting these Indians The yeas and days were not ordered. unless they u e the sugar. They have sugar there, and, unless it 1\fr. PAD DOCK. Mr. President, I wish to offer an amendment. should be eaten up by the ants, they probably could su bsi!>t themselves Mr. COCKRELL. What has become of the amendment of the Sena- a short time on the sugar. tor from Iowa, [Mr. ALLISON f] Mr. COCKRELL. The same- agent, I suppose, that is there and The PRESIDING OFFICER. It has been agreed to. asks for this appropriation is the Iill1n who bought the 20,000 pounds 1\lr. COCKRELL. How was that amendment agreed to, I should of sugar more than were necessn.ry. like to know Y I called for the yeaa and nays, :md I thought the call Mr. ALLISON. It may be so. I know nothlng about the facts ex wa.s sustained. · cept what I find in these papers; but I am satisfied that it is true The PRESIDING OFFICER. The call of the Senator from Missouri economy for the Senate to appropriate this sum of money in orde1· to wa.s not seconded. save the expenditure of a much larger sum in the future. 1\lr. COCKRELL. Has there been a quorum voting f Mr. DAWES. The papers very likely do di clo e the necessity, but The PRESIDING OFFICER. Twenty-two voted in the affirma they disclo e two other interesting facts. One is that with an appro tive, and the negative yielded the que tion. priation of $100,000 against $125,000 the 'year before the officer in Mr. MORRILL, of Maine, [to Mr. COCKRELL.] Make the point in the charge deliberately exceeded his appropriation, and he seems to have Senate. exceeded it in the purchase of sugar. He ba an excess of sugar of Mr. COCKRELL. It i immaterial with me. I simply desire to • 1876. CONGRESSIONAL RECORD-SENATE. 2549 say that I am opposed to this amendment, and record my vote in that priation bills. · As the bill itself comes from the committ,ee, it ap way. Others may do as they choose. pears to provide for any amount of private claims, which I propose to Mr. PAD DOCK. In line 290 of section 1, I propose to strike out the strike out if I can get the Senate to agree with me. · · word" lawful," inserted on the moti nof the Senator from Vermont, Mr. SARGENT. The committee has not reported any private claim. [Mr. EDMID\"DS,] and in lieu thereof insert at the end of the sec We took the bill as it came from the House, and did not see fit to tjon-- strike out items which may be regarded perhaps as claims. The PRESIDENT pro tempore. The Senator proposes to strike out 1\.lr. EDMUNDS. The committee reported the bill containing pri- a word which the Senate has agre~ to insert. That is not in order. vate claims. · The Senator can move to do that in the Senate on the question of con- Mr. SARGENT. I doubt if there are really any private claims in currence. . the bill. . 1\.lr. PADDOCK. Very well. Mr. MERRIMON. I trust the Senator from Vermont will find it The PRESIDENT pro tempore. Does the Senator propose to add to consistent with his conscience and judgment to let this matter go in. the section f 1\lr. EDMUNDS. I will pay it myself with great pleasure if I can Mr. PADDOCK. Yes, sir. I move to add, at the end of line 294 of borrow the money of somebody. [Laughter.] section 1, the following: Mr. MERRIMON. This daiman.t does not want the Senator or my Provided, That nothing herein contained shall be so construed as to allow com self to pay it. He wante it because the United States owe it to him pensation to the members of such commission, who are J>rohlbited from receiving justly and honestly. the same by the provisions of section 1765 of the Revised Statutes of the United Mr. EDMUNDS. He ought tohaveit, aud the Committee on Claims, States. if he makes his application in the proper quarter, will report a bill Mr. EDMUNDS. There are two sections of the Revised Statutes which will pay him. which apply to that subject. Mr. MERRIMON. There is no money to pay him. The officer says Mr. PAD DOCK. If I name one that will be sufficient. I think my the fund out of which he ought to be paid was turned over into the amendment will better guard the disbursements under that subdi Treasury. • vision .of the bill than the amendment which prevailed, offered by the Se-nator from Vermont. The word "lawful" I think is not so ju- :Mr. EDMUNDS. That is the case in respect to every private claim. dicious a word to use as the proviso: - That is just· the trouble. There is not any money to pay it until The PRESIDENT p1·o tempore. The question is on the amendment Congress appropriates it and allows it. of the Senator from Nebraska. Mr. MERRIMON. The Senator's objection cuts it out. Let it go. The amendment was agreed to: Mr. EDMUNDS. I do not wish it to be let go. 1 will vote for a Mr. MERRIMON. I gave notice of an amendment providing for a bill with great pleasure that provides for. it; but the point which I very small claim. It is $9 to pay the claim of A. N. 1\fcKimmon for always endeavor to make on these bills and that I make now is that services rendered to a general court-martial which sat at Raleigh. It the appropriation bills ought not to be loaded with legislation or with is duly certified. It was taken before the Department, and I will private claims. I believe that to be vicious legislation, and therefore read the statement made by the Department upon which the claim is I hope the Senator will not feel that I am ungracious in making the based. A letter was addressed by a bank officerin this city, to whom point upon him and his small proposition. the claim was sent, to the Quartermaster-General, in reply to which Mr. MERRIMON. I certainly should not think so if there were not he says: so many private claims provided for in this bill; and what is mani QUARTERMASTER-GENERAL's OFFICE, JantUJrrJ 8, 1876. fest is that they axe going to stay. This is a trifling matter that this Respectfully returned to Mr. George H. B. White, cashier National Metropoli- young man is anxious about because the Government owes it to him. tan Bank, Washington, D. C. . He will never get it in any other way. He does not care so much about The within account should be presented to the Payron.ster-General of the .Army. the amount as that he wants to have what is due him for service that RUFUS INGALLS, he rendered the Government as clerk to this court-martial. I might . Acting Quarter7rut.ster-General, Brevet-Major GeneTal United States Army. introduce a bill, but I do not want to introduce a bill simply to pay It was then referred to · the Pay Department, whose .action was 9, his claim. • I thought that as other claims were on this bill, surely this: no Senator would object to allowing this little one to go on. Respectfully returned to Mr. White. Mr. EDMUNDS. If the Senate has, either on the report of a com This acco1mt was payable from the appropriation for general expenses of the mittee or the motion of any Senator, authorized any claim to be put .Army for the fiscal year ending June 30, 1872. on the bill, then I shall not stand in the way. Under the law the balance of that appropriation bas been turned in to the credit of the surplus fund. There is therefore no appropriation from which tho account Mr. MERRIMON. Not ten minutes ago a claim for several hun can now be paid. · di·eds, if not thousands, of dollars was put into the bill when a single The bar to the payment of this cla.ini is due to the long delay in its presentation. objection would have excluded it. . CHARLES T. LARNED, Mr. ED~IDNDS. I should like to have that clause of the bill read • Acting Paymaster United States Army. PAYMASTER-GENERAL'S OFFICE, January 19,1876. that has been put in. The PRESIDENT p1'0 tempore. The Senator asks for a clause to RALEIGH NATIONAL BANK OF NORTH CAROLINA, be read. Will the Senator indicate what it is f J anoory 24, 1876. :Mr. EDMUNDS. I refer to the clause named by the Senator from Respectfully returned to the Paymaster.General of the United States, and asks North Carolina, put in by way of amendment as I understand him. if the voucher is correct and would be paid were there funds to the credit of the Mr.MERRIMON. The amendment of the Senatorfrom Iowa, [Mr. appropria.tion. .ALuso T.]. One Senator raised the point of order on it, and then on ' C. DEWEY, Ca~shier. appeal of the Senator from Iowa he withdrew it. Repectfully returned to the cashier National Bank of Raleigh. · The within voucher appears to be correct and was properly payable by thls De Mr. SARGENT. That was not a claim, as I understand. partment had it been presented in a reasonable time. Mr. EDMUNDS. I should like to hear that claqse read. .BENJAMIN ALVORD, Mr. ALLISON. The amendment I offered was to come in aft-er line • Paymaster-GeneTal United States Army. 233. That is not a private claim. PAYMABTEB-G&~RAL's OFFICE, January 28, 1876. Mr. EDMUNDS. We will hear what it says. The money out of which this ought to be paid was turned into the Mr. MORRILL, of ~!aine. I inquire what is the question before Treasury. It is a deficiency of 9. The amendment is to eBable the the Senate! Secretary of the TreMury to pay the claim of A. N. McKimmon, $9. The PRESIDENT pro tempore. The Senator from Vermont has Mr. EDMUNDS. Is not that a private claim f asked to have a _certain portio~ of the bill read. There is no ques The PRESIDENT pro tempore. The Senator from Vermont makes tion peuding except the consideration of the bill. the point of order. The Chair sustains the point of order. Mr. EDMUNDS. I am discussing the bill. Mr. MERRIMON. I trust the Senate will not sustain that point. The Chief Clerk read as follows: This money is due to the young man who did the service. For subsistence of Apaehe Indians at the southern Apache agency, New Mexico, :Mr. EDMUNDS. · I have not the slightest doubt that it is due, and $36,000: Provided, That the Indian a.$ent located at said agency may, under in I have not the slightest doubt that the claimant is a young man, be structions from the Commissioner of .1ndian ..A:ffaJrs, exchange sugar belonging to cause my friend from North Carolina says he is; but it will do this said agency for beef or flour. young man less injury to make the point of order on this claim for 1\fr. EDMUNDS. Is that the private claim referred to by the Sen $9 than on one for 9,000. Therefore, if we can make the point of ator from North Carolina f order at all, under the rules, against private claims, it is the most gra ?l.lr. MERRIMON. I said it was a claim that could not properly go cious thing to do to make it on very small ones, because it does much into the bill if an objection was raised. An objection was raised, and less injury, as the Senator will see. upon the appeal of the Senator from Iowa it was withdrawn. It did Mr. MERRIMON. It is a very small claim, and I present it be not come from the committee. cause the claimant urges me to do it. I offered it because the money Mr. EDMUNDS. Now, in order to test the sense of the Senate on is due, and this is the deficiency bill, and it is proper here, as it the question of having private olaims in these bills, I move to strike seems to me. Then I see that other private claims are provided for out lines 188 to 192, inclusive, of the first section, which I ask may bt> in this bill; and why discriminate against this young man for $9T I reported. trust the Senator will withdraw his objection and let it go. I appeal The Chief Clerk read the words proposed to be stricken out, as fol- to the Senator from Vermont to withdraw his objection. There. are other private claims provided for in the bill. lows: . · Mr. EDMUNDS. So there are; and when I can get the floor I am For amount due Continental Bank-Note Company for printing national currency as per letter of the UomptroPer of ~qe C qrre~c , being a deficiency for the :fis(llt ! going to move to strike them out, for it i ~:~>n outrage on aU appro- l ear l 875, ~2 , 571 . 94 , 2550 CONGRESSIONAL RECORD-SENATE. APRIL 18, Mr. EDMUNDS. I move to strike out that clause on the ground Which service in this respect is fouuded on the statute to which I that it appears to me to be clearly a private claim that there does have referred, to wit, the authority to print and the authority also not happen to be any money in the Treasury to pay. We owe this to do this particular thing. Now, I submit that is not a private claim much, as is tated, to this particular corpomtion. I make the motion, by any means. There may be something that I have not noticed in not upon the ground that the claim is not due-for I do not know the bill, but I do not understand that to be in the nature of a private that it is not, au 1876. CONGRESSIONAL RECORD-SENATE. 2551 Mr. DAVIS. The papers, I understand, from the Senator· from Mr. EDMUNDS. The Senator from Nebraska has called my atten Ohio, who had the amendment in charge, are in the House. There tion to the amendment just adopted about the Indian commission. were some special reasons why that Senator desired the appropriation It says, ''not exceeding per day for the time actually employed." of this amount to pay for stone already delivered, and which is now It may be construed to mean $8 per day for the whole body of gen 1 past due; some special reason which I cannot assign myself, because tlemen. Of course it is intended to mean $8 for eu c_ - member. I ask I did not look into it carefully, but there are some recommendations. unanimous consent to add to it, so as to reap, " ~ ~ per day for each Mr. EDMUNDS. Recommendations from the Department T member of said commission for the time actually employed." Mr. D.A.VIS. From the Department. At the same time there is a Mr. OGLESBY. I understood the amendment to be $8 a day for communication from the Treasury recommending a still further ap the whole commission, and voted for that. [Laughter.] propriation, but the amount I do not 1·ecollect, for I have not exam The PRESIDEN'npro tempm·e. Does the Senator from Illinois ob ined the matter. ject to the amendment proposed by the Senator from Vermont! Mr. MORRILL, of Maine. I ought to say in reply to the inquiry Mr. OGLESBY. No, sir. of the Senator from Vermont that this amendment was sent to·the The PRESIDENT pro tempore. By unanimous consent that amend Committee on Appropriations yesterday. The committee had no pa ment will be made. Tho Chair hears no objection, and it is con pers in regard to it and took no a{}tion upon it, but it was hal}.ded to cilrred in. me by the Senator from Ohio, not now in his seat, [Mr. SHERMAN,] Mr. MORRILL, of Maine. If it is in order, I wish to call the atten and I presented it to the Senate as coming from the Committee on l!~i tion of the Senate at this time-perhaps it may be done by general nance, as I supposed it did; but the Senator from Ohio corrected me consent-to the amendment on page 15, line 346, w4ere the committee in the presence of the Senate, saying that it did not come from the proposed to strike out "six" and inse1·t "five," so as to make it read Committee on Finance, but was an amendment offered by him in the "five thousand" instea-d of "six thousand." Since I have been sit Senate and referred to the Committee on Appropriations. ting in my seat here, on an examination of the papers, I have satis Mr. EDMUNDS. Then we have no official information before us fied myself that a mistake was made in the committee in making that at all. • amendment. At the time it was made I had iu my hands the wrong Mr. MORRILL, of Maine. The Senator from Ohio then addressed paper; and as the amendment has been agreed to in Committee of the himself to the Senate, stating that the papers in the case were with Whole and again in the Senate, I suppose it can only be reached now the committee of the House of Representatives and stated ·his knowl by general consent. edge or information on the subject; and upon that state of the case The PRESIDENT pro tempore. By unanimous consent it can be the Senate a.cted. done; ]?ut, before it is done, the Chair will put the question on con Mr. EDMUNDS. I should like to hear the amendment read. curring in the last reserved amendment made aB in Committee of the The PRESIDENT pro tempore. The amendment will be read. Whole, which will be read. The CHIEF CLERK. The amendment is: The Chief Clerk read the last reserved amendment. which was to To enable the Secreta.11 of the Treasury to pay for atone delivered under con insert after line 333 of section 1: ' tract for the post-office building at Parkersburgh, West Virginia, f].O,OOO. For subsistence of Apache Indians at the Southern Ap:whe agency, New Mexico, $36,000: P.rovided, Thatt}leindian agent located at said agency may, under instruc Mr. EDMUNDS. I move to amend the amendment by inserting at tions from the Commissioner of Indian Affairs, exchange sugar belonging t{) said the end: agency for beef orflonr. H he shall find the same to be a lawful claim. Mr. DAVIS. In consideration of a certain amount of sugar which The amendment to the amendment was agreed to. can be converted into necessary supplies, and $36,000 being a large The amendment, as amended, was concurred in.· sum, it has been suggested by more than one Senator that the amouut The PRESIDENT pro tempo1·e. The next reserved amendment Will ought to be reduced. I therefore move to strike out " 36" and insert be read. "25" before" thousand." I hope that will not be objected to by the The CHIEF CLERK. The next reserved amendment is oil page 13. chairman of the Committee on Indian Affairs. The Sen at~ as in Committee of the Whole inserted the following clause: Mr. ALLISON. I have no objection whatever to it. i accept that proposition. Of course if $25,000 proves not to be enough, the con For this amount, or so much thereof aa may be necessary, to pay the lawful com pensation and necessary and incidental expenses of the commission appointed June ference committee, and there is likely to be one on this bill, can ar 18, 1875; to treat with the Sioux Indians for the relinquishment of the Bl:wk Hills range it. I want it thoroughly examined, and of course I do not want country in Dakota Territorv, $25,000: Provided, That nothing herein contained shall an excessive amount fixed. I have no objection to the proposition. be so construed aa to allow Compensation to members of such commission aa are pro The PRESIDENT pro tempore. Is there objection to this modifica hibited nom receiving the same by the provisions of section 1765 of the· P..evised Statutes of the United States. tion 7 The Chair hears none. The question is on concurring in the amendment as modified. Mr. P .AD DOCK. I move to amend by striking out the word "law The amendment, as modified, was concurred in. ful." I desire to state that my proviso takes the place of the word The PRESIDENT pro ternp01·e. The Senator from Maine now asks "lawful," and, as I think, more carefully guards the disbursement irnanimous consent to change "5" to "6" in line 346 of section 1. Is than the word " lawful" does. there objection f The Chair hears none and that amendment is made. Mr. DAWES. Was not the amendment of the Senator from Ne The amendments were ordered to be engrossed and the bill to be braska adopted T read a third time. _ Mr. PADDOCK. Yes, sir; the proviso. That proviso meets the The bill was read the third time, and passed. purpose sought to 'be accomplished by the Senator from Vermont, and therefore the word "lawful" is surplusage. PROTECTION OF WITNESSES. The PRESIDENT pro ternp(rre. The question is on the amendment Mr. EDMUNDS. I move that the Senate proceed to the consider to the amendment, striking out the word " lawful." · ation of House bill 2572, to protect witnesses who shall be required 'The question being put, there were on a division--ayes 19, noes 15. to testify in certain cases. I merely want to get it up to-day. · ;Mr. EDMUNDS. I call for thE\ yeaB and nays. The motion was agreed to. The yeas and nays were ordered; and being taken, resulted-yeas 21, nays 20 ; as follows : EXECUTIVE SESSION. Mr. CONKLING. I move that the Senate proceed to the consider YEAS-Messrs. Allison, Bogy, Booth, Brnce, Cameron of Wisconsin, Clayton, Cooper, Davis! Dawes, Ferry, Frelinghuysen, Gordon, Hitchcock, Howe, Logan, ation of executive business. McCreery, Og esby, Paddock, Ransom, Saruent, and Windom-21. Mr. FRELINGHUYSE.N. I will ask the Chair if there is not ames- NAYS-Messrs. Bayard, Burnside, Coc?hell, Conkling, Cra"in, Dennis, Ed sage from the President of the United States on his table f munds, Goldthwaite, Hamilton, Kelly, Key, McMillan, Maxey, i:rerrimon, Morrill of Vermont, Robertson, Saulsbury, Stevenson, Wall:we, and "'\Vithers-20. The PRESIDENT pro tempore. There is. ABSENT-Me rs. Alcorn, Anthony, Boutwell, Cameron of Pennsylvania, Ca Mr. FRELINGHUYSEN. I ask that it be read. perb>n, Christiancy, Conover, Dorsey, Eaton, English, Hamlin, Harvey, Ingalls, The PRESIDENT pro tempore. The Senator from New Jersey asks Johnston, Jones of Florida~ Jones of Nevada, Kernan, McDonald, Mitchell, Morrill that a message from the President be laid before the Senate. Does of Maine, Morton, Norwooa, Patterson, Randolph, Sharon, Sherman, Spencer,. Thur man, Wadleigh, West, Whyte, and Wright-32. the Senator from New York insist upon his motion f Mr. CONKLING. I suggest to the Senator from New Jersey that So the amendment to the amendment was ag~·eed to. it may not be convenient to-morrow to have an executive session, and Mr. EDMUNDS. I move now to amend the amendment by insert it is late now. The reading of the paper be refers to will take some ing after the word" compensation" the words "not exceeding $8 per time. If the Senator from New Jersey prefers to have it read to-day, day for time actually employed." I will not stand in his way; but I should like to have an executive Mr. P .AD DOCK. I would state that I understand the accounts which session. the Department of the Interior sent to the other Honse are made up Mr. FRELINGHUYSEN. I do not insist upon my request. I on that ba>Sis, 8 per day. merely wanted to call attention to it. I thought it would be no The PRESIDENT pro ten1pore. The question is on the·amendment more than respectful to read it at once. of the Senator from Vermont to the amendment made as in Commit The PRESIDENT 11ro tempore. The Senator from New York moves tee of the Whole. that the Senate proceed to the consideration of executive business. The· amendment to the amendment was agreed to. The motion waB a~eed to; and the Senate proceeded to the con The PRESIDENT pro tempo'l'e. The question recurs on concurring sideration of executive business. After five minutes spent in execu in the amendment as amended. tive session the doors were re-opened; .and (at five o'clock and seven The amendment, as amended, was concurred in. teen minutes p.m.) the Senate adjourned. • 2552 CONGRESSIONAL RECORD-HOUSE. APRIL 18, HOUSE OF REPRESENTATIVES. COMIDTTEE ON EXPENDITURES IN DEPARTMENT <.; F JUSTICE. The SPEAKER. The gentleman from Ohio, Mr. McMAHON, now n, TUESD.A.Y, Ap'ril 18, 1876. member of the Committee on Expenditures in the Departmeutof Jus tice, asks to be excused from further service on that committee on The House met at twelve o'clock m. Prayer by the Chaplain, Rev. the ~ound that his other committee duties are such as to absorb all I. L. TOWNSEND. . his time. Is there objection to excusing the gentleman from Ohio f The Journal of yesterday was read. [After a pause.] .The Chair hears no objection, and it is so ordered. CORRECTION. The Chair appoints the gentleman from New York, Mr. MEADE, to Mr. ADAMS. Yesterday on the question to substitute the amend the vacancy thus occasioned in the Committee on Expenditures in the ment of 11-fr. LYNDE for the proposition then pending from the Com Department of Justice. mittee on the Judiciary in the habeas cor-pus case of Hallet Kilbourn, The Chair also appoints the gentleman from Connecticut, Mr. WAIT, I am recorded as not having voted. I clid vote most distinctly in the to the vacancy in the same committee caused by the death of Mr. affirmative, and ask the correction be made accordingly. Starkweather. The correction waa made accordingly. TEXAS AND PACIFIC RAILWAY. The Journal wn,s then approved. Mr. CULBERSON, by unanimous consent, introduced a bill (H. R ...... ENROLLLD BILLS. .No. 3140) to extend the time for the construction of the Texas and Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, Pacific Railway; which wa-s read a first and second time, ordered to . reported that they had examined and found truly enrolled bills of the be printed, and referred to the Committee on the Pacific Railroa Mr. TOWNSEND, of New York. I should have said nothing but for The election was held on the 3d day of November, 1874, and in that the remarks of. the chairman. I deem it my duty to say, after what Stat.e the elections are conducted hy three inspectors of elections hue been said by the chairman, that he is right in stating that the who are appointed by the county commissioners at a session held by report of the committee is unanimous. But I wish to state to the the county commissioners. within thirty days before the election. House and to the country that in this case, in my opinion, the com They are to be three discreet men ; and they are, in connection with mittee are unanimous because the perjuries, glaring and flagrant, the clerk, to act in conducting the election. The clerk is elected by that were committed by the witnesses who underto.ook to testify in the inspectors, so that the board is organized thus : Three inspectors this case were such as condemned the men that testified, and that appointed by the county commissioners and a clerk chosen by the the witnesses themselves showed that the allegations which they un inspectors. There is a registration-list made up by the county com dertook to maintain were impessible; that they could not be true. I missioners within thirty days of the day of the election, and a person have ha-d an experience of three-and-forty years as a lawyer, and whose name is not upon that registration-list six days before the date I owe it to myself and to the case to say that in all my life I have of the election has not a right to vote. The registration-list is fur never seen snch infamous, such glaring, such self-confuted perjury as nished from the county commissioners by the sheriff to the inspectors was attempted in opposition to the sitting member. of election, as it has. been corrected by the board of county commis Mr. CALDWELL, of Alabama. Will the chairman of the commit sioners, so that in conducting the election the inspectors and clerk tee allow me one moment Y I desire to say a word in reply to the have before them a registration-list giving the name of each individ gentleman from New York who has just taken his seat. · ual voter. The vote is by baJlot, and at this election they voted for · Mr. HARRIS, of Virginia. It will be difficult to keep down dis Representative in Congress and for State senator, and also for a mem cussion if it is once entered upon. I desire that the case shall not ber of the State Assembly. be thrown open to discussion, but I will yield ten minutes to the gen A person who was challenged at that election wa , under the laws. tleman from Alabama. of Florida, obliged to take the oath which is set forth in section 16 of .Mr. CALDWELL, of Alabama. I desire to occupy just one mo the election laws of that State; and it is as follows : ment. I had intended, Mr. Speaker, when this case was first reported Yon do solemnly swear that yon are twenty-one years of age ; that you are a citi· to ask the privilege of being heard and. to take part, on behalf of zen of the United States, (or that you have declared your mtention to become a contestant, in this debate. citizen of the Ultited Stares: according to the acts of Congress on the subject of During the last few days, as far ~ I have had opportlin.ity from naturalization;) that you have resided in this State one year and in this county sa other labors, I have ~ven the subject a calm, careful, deliberate, months ne:rl preceding this election ; that you have not voted at this election, and honest, and conscientious investigation; and, as the result of that that you are not disqualified to vote by the judgment of any court. inve tigation, I have reached the conclusion that my judgment and That is the oath that a J?erson who is challenged is compelled to conscience, under the evidence, would not allow me to antagonize the take, whether his name be on the registration-list or not. But if his report of the committee so far as relates to the first resolution. name is not found on the registration-list then he also bas the right But, sir, the gentleman from New York [Mr. ToWNSEND] has stated to vote by taking the oath which is prescribed in section 9 of that a _trnth, a truth that will impress itself upon the understanding of law, which is as follows: · every member on this floor and every citizen of the country who will That if any person wh!>Se name may be erased shall, on offering to vote at anv take the trouble to rea-d the evidence and report in this case, that election, declare on oath that his name bas been improperly struck off from the liSt much of the testimony that has been submitted to the committee of registered voters, and shaJ.l take the oath required to be taken by persons whose bears upon its face willful falsehood and has within it internal evi right to vote shall be challenged. dence of deliberate perjury upon the part of some of the witnesses. So that when a person presents himself to vote and his name is not But I state to the gentleman from New York, to the House, and to found on the registration-list, before he is entitled to vote he is not the country that every witness whose testimony is tainted with false only compelled to take the oath prescij.bed in section 16, but is aJso hood and perjury is an active, energetic, working member of the compelled to take a further oath prescribed j.n section 9, that he has republican party and the partisan friend of the sitting member; that been registered and that his name has been improperly strickep from all the false swearing, all the vile ·machinations that have been dis the registration-list. closed to the country in this investigation were perpetrated by and Now one of the questions which the committee had to pass upon, had their origin in the brain of active, leading members of the repub and a question of very considerable importance, is this: what shall lican party in Alabama. be done with those votes, if any, cast by persons whose names were Mr. HARRIS, of Virginia. And friends of the sitting member. not found upon the registration-list at the election precinct; what Mr. CALDWELL, of Alabama. Yes, sir. I ought to have added shall be done with them when they fail to take the oath prescribed they were active friends of the sitting member. by section 9 T The committee were unanimously of the opinion that Mr. HARRIS, of Virginia. I now insist on the previous question. unless a. person took the oath prescribed in section 9 he could not Mr. LEWIS. I wish the gentleman would allow me a few mo vote; that that oath had reference to the qualification of the voter, ments. and was material and mandatory. But in many precincts it is shown Mr. HARRIS, of Virginia. I cannot. that a large number of persons voted who did not take the oath pre The previous question was econded and the main question ordered; scribed in section 9 and whose names were not on the registration and under the operation thereof the resolutions reported by the Com list. mittee of Elections were agreed to. This singular fact appeared also, and the committee were unable to ELECTION CONTEST-FINLEY VS. WALLS. explain it, and cannot account for it now, except upon the ground that there was gross negligence or inefficiency on the part of the clerk Mr. HARRIS, of Virginia. I now call up the contested-election of t.he circuit court who was ~'Officio clerk of the county commission case of Finley vs. Walls, from the second congressional district of ers, and whose duty it was to make out a certified copy of the regis Florida. In this case, Mr. Speaker, I refer its conduct to the sub tration-list which was used at the voting-precinct. The commit committee who examined the case by the authority of the commit tee found, upon a comparison of the poll-lists kept at the voting tee, and-who ought, therefore, to have the conduct of it upon this places, that the names of many persons who had been challenged and floor. I yield, therefore, to the gentleman from Massachusetts, [Mr. who had voted without taking the oath prescribed by section 9 were THOMPSON,] who was chairman of the subcommittee which reported actually on the registration-lists at the office of the county clerk. the case. · The committee were satisfied that there was a mistake on the part of The Clerk read the resolutions reported by the majority of the com the county clerk in making out those lists. mittee, as follows : The majority of th_e committee said that it was unfair to reject the Resolved, That Josiah T. Walls was not elected, and is not entitled, to a seat in the House of Representatives in the Forty-fourth Congress from the second con- vote of a party whose name was not on the registration-list at the gressional district of Florida. . polling-place, and who had failed to take the oath required by sec Resolved, That J e se J. Finley was elected, and is entitled, to a seat in the House tion 9, when his name was actually on the registration-list at the of Representatives in the Forty.fourth Congress from the second congressional dis· county clerk's office. The committee said it was not his fault, and as trict of Florida. they believed he was-actually entitled to vote, if deprived of that The Clerk then read the resolutions reported by the minority of the right it was only through the action of the county clerk in not mak committee, as follows: ing out a proper registration-list. And as there had been a mistake Resolved, That J. J. Finley was not elected, and is not entitled, to a seat in this in that respect, and also a mistake by the inspectors in not adminis House. tering the oath, the committee held that they should not say the .Resolved, That Josiah T. Walls was elected, and is entitled, to a seat in this party was not entitled to vote because he had not taken the oath pre House. . scribed in section 9, when if his name had been where it should have Mr. THOMPSON. Mr. Speaker, to a _clear understanding of this been put by the county clerk he would have been entitled to vote case it will not be necessary to go into the details with reference to without taking t.b.e oath required by section 9, 6nd if challenged all of the questions which have been considered by the committee. would only be required to take the oath in section 16. There was upon many of the question that arose but little difference We considered it too harsh a rule to be applied to disqualify those between the majority and the minority, and I propose very briefly to parties from voting and to say that their votes were not legal where state those points upon which we differ and to give the views of the at most they had been deprived of their apparent right to vote by committee as we have reported them in the report which is now be- the action of the county clerk. ·In those cases the committee have . fore the Honse. • applied this rule; they have said that where the names appeared on The election la_w_s of th~ State of Florida give the right of su:ffra.ge the registration-list in the county clerk's office· they would count to nearly every e1t1zen of the State, and the mode of conducting elec those votes, rejecting only those in cases where there wa.s a failure tion is all that it will be 11-ecessjl.ry for tbe House to p.IJder~ta"!l _not found upon the registration-list in the clerk's office of the circuit o'clock, without waiting a moderate time, the partie then present had court. proceeded to elect inspectors, they would have been guilty of great And they applied this rule soaa not to take the whole nnmberfrom wrong in taking it for granted tha.t the inspectors regularly appointed the candidate having the highest numbe~-from the sitting member; did not intend to appear. But certainly to go there at even o'clock but so as to take proportionately from each, which they considered and pretend to make an election not only rendered that election of no was certainly a liberal rule for the contestee. Therefore, in those account, but it was evidence it elf of gro fraud. cases where that state of facts existed they have applied that rule, The testimony shows that Dr. Johnson had those persons at his and have taken proportionately from the contestant and the con house, some of them over night-all, I thinkf at breakfast; that he testee. Certainly no objection can be found with that rule. had made arrangements with them befol'e that day to be present and There is one other question that is quite material. It is provided to act as officers of election. This appears also with reference to Mr. by the laws of the State of Florida that where the votes in the bat Carroll, who was chosen a-s clerk by the newly-cho en inspector . lot-box shall be found to be in excess of the names on the poll-list, There being no legally-elected inspectors, there could be no legally then the inspectors of election-the votes having been taken out of elected clerk. He also said to .Mr. King and Mr. Tompkins, two of the box, counted, the fact of an excess a.Hcert;rined, and the votes the inspectors, "We shall want you to act." So this man who wa a placed back again-the inspectors shall then draw out from the bal candidate for the State senate, who had such a vital interest in this lot-box and destroy unopened the number of votes in excess of the Mection, himself appointed the parties who were to preside at the names on the poll-list. This is to be done by the inspectors of elec election and to have the full and entire management, manipulation, tions. and control of the vote. That of it&elf was such a gross fraud, that Now,it becomes a question, as the law specifies the party who shall no reliance could be placed upon the action of tho e pretended offi perform that duty, whether the Committee of Elections of this House cers. They consented to it; and when a man assist in placing him have a right to su11!3tantially perform that duty themselves ; that is, self in a fraudulent position, his acts cannot be relied upon. They where the inspectors of elections have failed to perform that duty, consented to be there; they must have been there at seven o'clock in whether the committee ought to say," It is uncertain for whom the the morning, because the voting commenced as early as tha.t. They excess of votes was cast; it is impossible for us to determine what knew perfectly well that no one there had a right to elect them; they the real vote of that precinct is, and therefore the whole vote mnst knew perfectly well that they could not be legally elected. The be rejected," or shall they undertake to perform the dnty which the clerk knew perfectly well that he could not be legally chosen. Not inspectors of elections were called upon to perform f The majority withstanding all this they went to work, took posses ion of the bal of the committee believed that it would be a severe rule to say that lot-box, and conducted that election. They were p r ons acting by reason of that duty not having been performed by the inspectors, without any authority, aud their acts have no validity, and the pa.rty therefore the entire vote should be thrown out. who claims any benefit from the votes ca t at that precinct must They came to this conclusion; that there were two things established show in some other way than by the returns of those officers the vote by the law. One was the principle, and the other the mode by which which was actually cast for him. the object which was designed to be effected should be carried out. But we have further proof. The clerk himself admit he wa ready We acted upon this assumption, which we belieyed to be the assump to commit fraud. He says that on the evening before the election, at tion of the law, that that excess appeared through mistake; ·that there the house of Dr. Johnson, the latter called off from what he believed was not sufficient proof to vitiate the entire poll on account of actual to be the registration-book some fifty-two names! which he supposed fraud ; that the excess occurred through mistake, and therefore a to be the names of parties not living in the countyi persons whom he drawing out of the excess in the mode prescribed by t.he statute would understood himself were not entitled to vote, and that he gave Dr. draw out a proportionate number from each candidate. The commit Johnson to understand he would as ist him in enabling them to vote. tee therefore said, "We will perform that duty; we will throw out a Here you have the clerk acting a.t this election who is shown to be in proportionate number .ourselves; we will not discard t.he entire conspiracy with one of the parties who was a candidate for office and poll, qut will substantially perform the duty which the inspectors who ha.d so great an interest in the result. through some reason or other have neglected to perform." That is the It appears furthermore, .Mr. Speaker, that at this plaee at least from way in which we have disposed of cases of that kind. Then we have in seventy-five to one hundred persons voted who e name were not upon this case given the most liberal construction to the law in favor of the the registration-list without taking the oath provided for in ection contestee in all matters which are merely directory. 9, and without being legal voters. It is impossible exactly to tell Now, as to one of the precincts, (which is the main one where there how many, but the testimony is from seventy-five to one hundred, is a contest and the decision of which in the view I take of it is con and that, too, from the parties who presided at that election; that is, clusive of this case,) the committee find that the vote at that precinct from the very inspectors themselves. · They admit themselve that ought to be rejected on the ground of :qaud, gross fraud. That is the they permitted from seventy-five to one hundred persons to vote who· colored academy precinct, in Columbia County. In that county the had no legal right to vote. Can you place any reliance upon returns vote between the conservatives and the republica.ns is very close. Dr. made by parties who have been guilty of such an act aa that 7 You Johnson, who was a candidate for the senate on the part of the repub cannot determine how many voted illegal1y. licans, had great anxiety aa to his election. He was declared elected It also appears by looking at the registration-list sixteen persons I think by some 16 votes. But he, knowing that the vote would be voted at the colored academy precinct and the market-bouse precinct, very close in that county, set to work before election d1l.y to take con another voting-place in the same county. Fraud will not be pre umed trol of the polls, to manage in his own interest that election in the at the other precinct where they were legally organized, but it will colored academy precinct, (where the larger number of the colored certainly be presumed at this place which was fraudulently organized. men voted,) and to aid in making up any deficiency which he thought Nothing will be presumed in favor of the fairness of tlie election at by any pos ibility might exist if a fair and free vote were had. this precinct. It is shown that other persons not entitled to vote In tha.t precinct, instead of having three men regularly and legally were permitted to vote at this precinct. appointed to act, two of them were -substantially appointed by Dr. It appears furthermore that the registration-list was burned up, so Johnson himself. The law of the State of Florida provides that the that it is impossible now to compare the poll-list with the registration polls sbal1 be opened at eight o'clock in the morning; but under tho lis~. The committee had before them nothing by which they could ·direction of Dr. Johnson the poll was opened at seven o'clock in ascertain the correctness of this vote. If they bad, they would have the morning, as the testimony most clearly shows. The poll was gone to work and attempted to purge the poll. They would have open one hour at lea-st before the time fixed by law, before the in been unwilling to throw out a poll which possibly might be purged. spectors or electors were called upon to be present. They were disposed to give the rule of law in favor of the contestee, I know ;it has been decided in election cases that the polls may be and to ascertain if possible, if it could be done with any probable opened for a few minutes after or a few minutes before the appointed certainty even, the actual vote which had been cast. But, as I have time without the election being thereby vitiated. That undoubtedly said, it was impossible to do it, because they find that the election is good law. But here is the point in reference to which the fact that was commenced in fraud, wa-s carried on in fraud, and that there is the polls were opened an hour before the time fixed bylaw is very ma nothing by which they can determine the extent of the fraud, aud terial. The law of the State provides that if an inspector shall fail to the fraud being on the part of the persons having charge of the elec serve, then the vacancy shall be filled by an election from the electors tion, it is of that character which makes their acts wholly unreliable. present. In this caBe two of the inspectors failed to appear at seven The committee, therefore, were compelled, although reluctantly, to o'clock, so that a majority of those inspectors were elected, or there throw out this precinct. They have done it, and we believe the was a pretense of electing them, at seven o'clock that morning, an House, reading the testimony fully-and the testimony is sub tan hour before the voters were called upon to be present. I submit that tially reported in the report of the majority of the committee- o a uch an election could not qualify them to act. Why, sir, it is as bad to give the· fullest opportunity for examination while the case is as if a ballot were-held on the day before the day appointed. The being heard, will .find that it was impossible for us, acting with jnst people had a right to pass upon the question who should have control regard to our duty, to do otherwise tha.n report in favor of the con of the ballot-box on that day. It was an important question, a vital testant. question, to them. They _had a right to be present. They understood Mr. BAKER, of Indiana. I move to substitute for the resolutions the law of the State. They knew perfectly well that if the parties reported from the majority of the committee those which I send to who bad been appointed by the county commissioner failed to make the Clerk's desk to be read. their appearance at eight o'clock in the morning, not a.t seveu, new The Clerk read as folld\vs: inspectors might be chosen. The common, ordinary course would be Resolved, That J. J. Finley was not elected, and is not entitled, tO a seat in this to wait till a little after eight o'clock for the regularly-appointed in Hou e. spectors to make their appearance. I submit that if as early as eight Resolved, That J osia.h T. WaJ.ls was elected, and is entitled, to a. seat in this House. • 1876. CONGRESSIONAL RECORD-HOUSE. 2555 Mr. BAKER, of Indiana. Mr. Speaker, in my judgment, the simple testimony by the contestant, for some reason, was postponed until t.be question presented by the resolutions now depending before th~House 13th day of August, 1875; and Dr. Johnson, the man who wa charged is whether or not a member who shall occupy a seat upon this :fl.oor with having organized this conspiracy! o.n which the wholt:l vote of is to be elected by the people or whether he shnU be elected in defi the colored population of Columbia County is asked to be thrown out, ance of the will of the people by the action of a ma~ority of this House. was on the 5th day of June, 1875, conveniently murdered and his With reference to many questions which have been determined by lips are sealed; so that he is unable to make answer to this report the majority of the committee, I have no disposition to dissent from that charges him with attempting infamously to corrupt the purity them. I desire, however, to say, before passing on to ·one question of the ballot at the colored academy precinct. I do not say, Mr. which will occupy the greater portion of the time I wish to consume Speaker, that the contestant or any of his friends are in any way jn this discussion, that I do not agree with the committee in refer answerable for the destruction of the court-house and of the records ence to one or two propositions, although these questions, howevor of election. I do not say· they are in any wise answerable for the found, are not essential to the determination of the question now de- fact that Dr. Johnson himself, whose memory is blackened now by pending before the House. · · the report of the majority of the committee, was conveniently taken In the first place, Mr. Speaker, by the laws of the State of Florida out of the way by the shot of an assassin before the contestant found a registration of voters is required to be made and corrected by the it convenient to take his evidence at the colored academy precinct. board of county commissioners at least six days before the day of I allude to that for the purpose of showing that the circumstances election. That corrected registration-list is required to be deposited surrounding the taking of the evidence at a period ten months after in the office of the clerk of the circuit court and the clerk of that the election had been held are of such a character as to require that court is required to send a duly-authenticated copy of the original every scintilla of evidence that was offered by the contestant in this list to each voting-precinct· in the county. And inasmuch, Mr. case should be jealously and rigidly scrutinized, and that the mere Speaker, as by the laws of Florida a citizen is entitled to vote at any hearsay evidence of self-convicted, self-confessed villains and con election precinct within the county, it follows that each certified copy spirators shall not be taken, as it has been by the majority of the of the regi tration-list which is sent to the various polls must contain committee in making up their report, as sufficient. the names of each voter registered within the county. The law fur There is another consideration which, in the minds of members on ther requires that when a voter offers himself at the polls, and his the :fl.oor of the House who are desirous of deciding this case on the name is not found on the certified copy of the registration-list, he law and the evidence, must not be passed over and is entitled to great shall take an oath, among other things swearing his name has been weight. That is. the fact that the evidence in this case is wholly •improperly stricken from the registration-list. ex pa1·te. A. notice wal given by the contestee, as the minority re I desire to say that, in my judgment, the registry list that must be port shows, that he would take testimony. Counsel was employed referred to is not the certified copy that is sent out by the clerk to for that purpose, and in consequence of the sickness of that counsel the various precincts, but it is the re~istration-list found in the and the failure of another counsel to attend, who was telegraphed to clerk's office a.t the county seat. That IS app3aent from the ninth by the sitting member, who resided in a distant part of the district, section of the statute, which provides: and who was unable to be personally present at the time the testi That if any perso~ who e name may be erased shall, on offering to vote at any mony was to be taken, the contestee failed to have an opportunity election, declare on oath that his name h..'\8 been improperly struck off from the list to take any testimony at this precinct. I say in consequence of of registered voters, and shall take the oath required to be taken by persons whose these facts the sitting member is here without having had an oppor right to vote shall be challenged, such person shall have the right to vote, and, on tunity of offering one single word of evidence for the purpose of ex making oath beforetheclerkof the court that his name ha.s been improperly erased from the list of registered voters, mfly have his name again entered upon said list. plaining either the testimony that may be c.alculated to raise a suspi cion against him or the hearsay evidence that is relied upon by the The oath, then, tliat he is required to tn.ke is that his name has majority of the committee in order tO sustain their report, as I shall been improperly stricken from the registry-list; and t.here is only one have occasion to show before I have got tbrough with what I have registry-liBt, the list at the county seat. Now I desire to say, as re to say on this subject. gards the evidence with reference to several of these election pre The contestee presented these facts to the committee in a sworn cincts, that where objection has been made in the report of the ma application for leave to take evidence, in order that he might show jority to the vote which was there cast, it is made to appear by the that the colored people of Columbia County were being robbed of the same evidence that shows that the names of the voters were not in new-born right to vote. He was denied the privilege of ~oing into the certified copy of the registry-list, that the great majority of them that precinct and taking evidence for the purpose of .meetmg this ex were found on the fegistration-list at the county seat. So much is parte case made by the contestant ten months after the elect.ion had shown in this regard that I venture to say there is no gentleman of been held, and which was of such a c.haracter as to demand that an the majority of this committee that will dare to affirm on the :fl.oor of explanation should have been given, unless there was something rot the House that the certified copies of the registration-lists that were ten and corrupt in the case made in behalf of the sitting member. sent down to the various voting precincts were on their face honestly Now then, Mr. Speaker, what are the issues with reference to the and truthfully made. The minority of the committee believe that colored a~ademy precinct in Columbia County T The issues are ·re where the certified copies sent down to the various voting precincts duced to four, and I propose to discuss them in their order. are thus shown not to be correct copies of the original registration The first is that a majority of the inspectors of election was not lists found at the county seat, the one at the county seat controls, appoint,ed by the board of county commissioners, but they unlawfully and that no vote can be thrown out or rejected on the ground that and fraudulently assumed to act a.s such, and were mere intruders. the party is not a leg 1 voter, simply because his name is not found The second is, the polls were opened more th~n· an hour.before the on a certified copy of the registration-list at the voting-pla~e, which regularly-appointed time, and a large number of votes were polled is proven by the evidence of the contestant himself to have been before the legal hour for opening the polls had arrived. grossly and :fl.agrantly incorrect. · The third is, many persons not registered were allowed to vote I do. not desire, however, to dwell longer on this point, because, Mr. w~thout taking the oath that their names had been improperly stricken Speaker, the whole contest circles around the vote of the colored acad from the registry-list. emy precinct, Lake City, in the cotmty of Columbia. That county is very And the fourth is, that the illegal conduct of the inspectors ·was nearly equally divided between the two parties that are now dominant such a.a to indicate a fraudulent purp<;>se to defeat the legal result of in the country; so nearlysoihat in the election in 1874 there was a dif- the election. . ference of only thirty-eight votes. It further appears in evidence that One word with reference to the last ground. It does not con in consequence of the impla~able hatred of the white conservatives tain a single affirmative fact ; it is simply a loose, naked deduction toward their colored fellow-citizen&, almost the entire colored vote of of law from a statement of facts which are not set out. It is a char Columbia County was cast at what is known as the colored academy acter of pleading that would not be respected on a demurrer to it in precinct.. It further appears in evidence here that at this county seat any court in all the land, and yet it is gravely presented here before in which the colored academy precinct was located the deputy clerk the Honse which has been characterized as the grand inquest of of the circuit court wa.s a candidate on the conservative ticket for the the nation, the grand tribunal of the country, as an issue of suf office of State senator, and it appears that a Dr. Johnson, residing in ficient weight and gravity to justify the introduction of evidence the same town, was a candidate on the republican ticket for the same to sustain. But bald and naked as this statement is, it is still more office of State senator. bald and more naked so far as the proofs are concerned that axe in The election was held on the 3d of November, 1874. By some in troduced for the purpose of supporting it. I refer now to the first scrutable dispensation of Providence the court-house, with all the question, namely, that the majority of the electors were mere intrud records of the election-these records being in the custody of a man ers; and I preface what I have to say on that subject by observing by the name of Waldron, the democratic clerk of Columbia County that the law is universal in its application and sustains this as the was on the 20th day of December, 1B74, destroyed by :fire. correct rule: that wherever men are found exercising the functions Another circumstance that to my mind is of great significance is of office the law presumes that they are rightfully in office, and that this: that the evidence of the contestant was not taken until almost whenever any one challenges the authority of such an officer he is ten months after the election WM held. The majority of the com compelled to introduce evidence in order to establish the fact that mittee predicate their report in favor. of throwing out the vote at the man is improperly exercising the functions of the office. Toes the colored a~ademy precinct, and in favor of disfranchlsipg the tablish that fact, we find here three persons were acting as inspectors whole colored population of that county, upon the ground that a con all clay in the presence of all the voters who voted there ; in their spiracy had been formed by one Dr. .Johnson, the republican candidate presence without objection, and also in the presence of the democratic for State senator, in order to perpetrate a fraud upon the election at candidate for State senator, and that democratic voters were there all the Cl)lored academy precinct. I have said that the taking of the taking part >vithout challenging the sufficiency of the election board. ' 2556 CONGRESSIONAL REOORD-·HOUSE. APRIL 18, Now, then, what is the evidence on which the majority of the com just a sort of by-play carried on. On page 78 J. V. BroWJ?., another mittee say that they will strike down these officers on the ground that democratic challenger, says: they were not legally appointed t I want to make that point so thn.t I was present at the colored a~emy precinct in Lake City, Colwnbia Connty, it shall be clear and well understood. I say that these men having Florida, m the second congressional district, on the 3d of November last, at the gen exercised the functions of this office dnring the whole day, whenever eral election. I waa actiug as a. challenger for the conservative party. I was tiiere abont seven a. m.. ; it could not possibly be ten minutes after seven. Wbeu I got the contestant seeks to clk"tllenge their right to do it he has gflt to do ~here the honse was closed. I looked through the window and saw the managers, it by clear affirmative proof. Now, what is the proof he introduced and I asked for.admission, and they let me in. for the purpose of showing that these men were not originally ap pointed by the county commissioners f The evidence of Mr. Tomp By the way, this man remn.ined in the room where the inspectors kins, which will be found upon page 83 0~ the record, states : were carrying on the election all day, as his evidence shows. He wa right there; so that everything that was done by the election board I was at the colored a,cademy proomct in Lake Citv, Columbia. Countv, Florida, in the second congressional district, on the 3d day of November last, ann t~erved aa was under his eye. He went so far, as shown by his testimony, as to one of the inspecoors of election there. I wasnominatedaa inspector by Dr. John keep an independent list or tally-sheet, showing every vote taken; son. Dr. Johnson asked me the night before the election to act either as clerk or and his tally-sheet corresponded exa~tly wit4 the tally-sheet that inspector. Mr. Cleaveland bad declined to act. Mr. Cleaveland wa,.. the re.,ola.rly appointecl inspector. Dr. Johnson told me that Mr. Cleaveland had decline:! to act, was kept by the duly-constituted board of inspectors on that day. and that Mr. Cleaveland had suggested to him (Johnson) to get me. He goes on to sn.y : John W. Tompkins, Charles R. King, John A. Carroll, and Francis Carolina, and There is the testimony of Mr. Tompkins, the first witness who spoke George G. Keen, (magistrate,) and fonr or five others whose names I do .not now with reference to this question. He swears Mr. Clen.vebnd had con remember were in the room where the ballot-box: was. Dr. E. G. Johnson was in sulted him to act, and Mr. Cleaveland was the reCI'ul:)>rly-appointed the next room, issuing paper of a. green color, which I took to be tickets, to the col ored people. There was a partition between the rooms- They were voting in there inspector. On page 86of the record he says "Mr. cieaveland told me when I arrived. he could not serve that day." On page 81 I find this statement : Now it is clear that this witness :tt the out.set does not deign to give Before the polls were open George G. Keen was called or sent for and swore ns us any information aa to how he knew what the time was, for· he says: in; fonr of ns were sworn in; I was swo~ separately, the rest I think together. When I started to the precinct I saw Mr. Ba.ya's watch, and it was five minutes Now, then, Mr. Speaker and gentleman, there is every single word after seven. of evidence that there is in this record for the purpose of proving But he is as dumb as the tomb of the Capulets as to the distance these officers were intruders and had intrudedtthemselves in the pla~e he went to re:wh the polls or how he knew the hour when he arrive~ that belonged to the board of inspectors appointed by the board of there. But on that evidence the majority of the committee would county commissioners. It shows that one of those who acted as in throw out the poll of this election precinct. I will turn now to the spector on the day of this election had been appointed "by the board evidence of F. M. 'Weeks, a democratic candidate for State senator, of county commissioners; it shows also that the others appointed had on pages 82 and 83. · declined to act, and that one at least of them had suggested the ap I was at the colored academy precinct in Lake City, Columbia County, Florida, poin~ent of the very man who constituted one of the board of in in the second congressional district, on the morning of the 3d day of November, A.. spectors selected by the people next morning. D. 1874. I got there abont seven o'clock a.m. When I arrived there I went to the cler~'s desk. :md found a.bont twenty persons had already voted, as appeared from .And yet we are told, forsooth, that these men were intruders; the lists. that these men had no right to hold this election; men who sat there and received 600 votes, and in whose presence were these demo Now this witness does not deign to tell how he lmew it was seven cratic challengers; men in the presence of whom was this ma.n Weeks, or eight o'clock. Now, I submit that, even on a fair, bright morn the democratic candidate for State senator, who__was working around ing on the dn.y of election in November, no man can tell with any the polls all day where this election was held. Yet there was not a considerable degree of accumcy what time it is by looking at the single one of the whole number who ventured to make the suggestion sun, or in any other manner, without looking at a watch or clock. that these men were intruders. It is not found that thoy were intrud But we have taken in this contest the evidence of Mr. ~ompkins, ers until arson had destroyed the court-house and cowardly assassins ihat is conclusive both as to the fact and the law, and it shows in had murdered the republican cn.ndidate who that day was elected to contestably that this was a fair and logal election. the senate of Florida. . I refer now to the testimony of Tompkins, an inspector of elections, Now, I say that if anentire.poll can be rejectedonsuchevidenceas on pn,ge 84. Up~m cross-examination he says: · that, then unfortunate indeed is the condition of all the electors of this We were at the polls some time before we opened them, and arrived at an early country. The ignorant poor-and we are told that the poor are to hour. It was insisted by several persons present that it was time to open the polls, be always with us-the ignorant poor are at the mercy of the shrewd bnt having considerable fixing to do-- . Qnestion. Why were not the polls opened~ • designing villains of the land. I any that if the six hundred colored Answer. Before it was possible to begin the election, it was necessary to open a men who voted at this precinct are disfranchised in this way, and panel throngh a. door before we conld receive ·tho ballots. This took twenty or their rights stricken down by turning out of this House their Repre thirty minntes, as it took some time to send fur a saw to open the aperture. The sentative, who was fairly elected to a seat here, it will be one of the door wa.s broken by doing it. In addition to this we had to arrange the table for grossest outrages, iD. my jud(J'ment, on the elective frn.nchise and on the inspectors and clerk. It was qnite a c!ondy morning. the rights of the humble and the ignorant by the shrewd and the de- There is the fact, gentlemen, thn.t demonstrates the impossibility of signing. • determining without looking at the watch the hour when the polls So much, then, w;ith reference to intruders. I will take occa~ion, if were opened; and Mr. Tompkins is not contradicted as to it being my time permits, to read a little law on this subject before I get a cloudy morning. through. I will pass now to the next grou.Q.d of contest. It was impossible to tell without a watch wbJ;ln the snn did rise. It occurred to What is that f The second ground of contest is that the polls were me it was not eight o'clock. Mr. ()a.rolina being preRent with a watch stated that opened more than an hour before the appointed time, and that a large it was twenty or twenty. five m.inntes :r.ast seven o'clock. By Mr. Duval Selph's watch it was two minutes past eight o clock; by Armstrong's watch it was three number of votes were received before the time for opening the polls. or fonr minntes past e~ht o'clock. Armstrong stated that he was jus£ from a. I desire to say to the gentlemen of the majority of the Committee of watchmaker's (Mr. Ross s) shop, and that he had the watchmaker's time. Con Elections, and also to the House, that in order to sustain that proposi senting to be governed by the majority of the watches pre~ent, we opened the polls. tion two elements of proof are required. It must be first shown, and This is in the ex pa1·te case mn.de by the contestant himself, showing that satisfactorily, that the polls as a matter of fact were opened be that according to tbe majority of the watches the hour of eight o'clock fore the appointed time; and secondly, I say that every single respect had arrived. able authority that I have been able to put my hands upon hold that But, gentlemen, suppose 'that .honr had not arrived; what then' I you must further show that if the polls were in point of fact opened say that the law is-and it would be monstrous if it were otherwise before the hour at which they ought to have been opened, the officers that if a, boarcl of election commence the election at an hour pre who did thus open the polls did so with a fraudulent and corrupt pur maturely early, still, if it is done innocently, if it is done ignorantly, pose. nay, I will put it stronger, because the authorities support me in do Now, what is the evidence for the purpose of establishing those ing so, unless it is affirmatively shown that the officers of the election facts Y I want members of the House, if they desire to do justice in thus opened the polls for the frq,ndulent purpose of receiving ballots this case, to listen to the evidence that is offered for the purpose of that ought not to be received, the election is not invalidated. proving this allegation. It will not take long to read it, and it is Now, here is the evidence: Mr. Duval Selph, who is made to figure .well worth perusal in the light of the majority report. On page 76 so largely in this case, testified that he ran his watch an hour and of the testimony W. I. Barnett says: twenty minutes ahead. But in this computation of numbers of I was in Lake City, in Columbia County, Florida, in the second congressional watches for the purpose of showing the time I have · thrown this district, on that day, and at the colored aCademy precinct the greater part of the day. I was there as a challenger. I reached the polls abont eight o'clock; when man's watch out of the account,just as I say that this House is bonnd a bout three hundred yard.s from the J!Olls I looked. at my watch, which was set the to throw his testimony entirely out of the account. He is a self-con- da:y before to railroad time, and fonnd it wanted five m.inntes to eight o'clocka. m., · fessed conspirator. He has undertaken to blacken the memory of and I went immediately to the polls, walking fast, directly, and in haste. The polla one who is dead; and there is not a word of corroborative proof to were open when I arrived there, and they were voting. sustain him. He comes here reeking with his own infamy, swearing 1 He says he reached the polLs "about eight o'clock ; ' but wbich side to his own turpitude ; yet we are asked to take his hearsay evidence of eight o'clock t He does not tell us. He was a democratic cha,J for the purpo e of supporting the resolution submitted for our adop lenger, sent there for the purpose of challenging the colored men who tion by the majority c;>f the committee. went there to vote. They exercised very liberally tha.t day their i:·ight I say that the commencement of the election prematurely or the pf challenging. Yet we are told there was not any election held there; keeping of the. polls open too long do~ not affect t4e legal I'eslll~ of - •, .. --· , 1876. CONGRESSIONAL RECORD-HOUSE. 2557 the election. I invoke attention to the authority of the court of ap That, as I have already shown, is entirely gratuitous. On page 19, peals of the State of New York on this subject. I read from 4 Sel again referring tp the inspectors, the majority in their report say: den's Reports, page 9-2 : They cannot stand better than mere intruders having no official character, in If the particular hour for opening an~ closi~g the poll be dire~tory an~ n?t i~ truders not for the purpose of ai tion shonld be appointed by the supervisor of the township and an were five voted that day that I positively know were not citizens of the connty: William Williams, Huison Yates, Mitchflll Yates, Peter Rani~s on, and Sam .Tones. other officer and two justices of the peace to act in the places of those Henry Ellis, Charles Jones, and George Sanders were challenged on acconnt of t.beir · first appointed. There was a failure to attend, and election officers being sent to the penitentiary. They refused to take the oath in the morning; they were appointed with the co-operation of a single justice of the peace. came ba{)k in the afternoon and took the oath, and voted at the instance of Dr. There was only one justice acting; so that the board that made the Johnson. return of the election was one that was not dnly and le~a-lly consti Cross: tuted and had no authority to make it; and yet they aid make it. Q. When I started to the precinct I saw Mr. Baya's watch, and it was five min The officers exercised the functions of the office. And after an able utes after seven ; it was just good daylight. The ballot-box was in the room sitting on a little table by the window when I went in; there was an alley-way from the argument, the case going through the supreme court of the State to other room to the window; the other room was openi· the voters had to go up the the court of appeals, the highest judicial tribunal in the State-after alley-way to vote. With the exception of the illega voting referred to, as far as the question bad been ably and elaborately discussed by counsel, it my own observation extended, the election seemed to be a fair one. was held by the court tba,t although the body that elected the in JOHN W. TOMPKINS, being duly sworn, testifies: spectors had no legal power to do it, yet inasmuch as they undertook Answer. We had two oaths, and Captain King almost invariably administered to do it, and the men thus attempted to be chosen went into the exer the oath, and in every instance, as well as I remember, we administered the oath. cise of the functions of the office, were sworn and acted, they consti I recollect occasionally they swore their names had been improperly struck from tuted a de facto board, their action was conclusive. But this precedent the rolls. The oath, section 16, act 1868, page 5, was the one generally adminis- . tared in almost every case, There were only a few took the oath that their names is ridden over rough-shod by the majority of the committee in order were improperly stricken from the list. I asked Johnson to let me stay at his that they may strike o:ff the vote of these poor colored people in the house the night before the election, as it was threatening rain and I wished to be colored academy precinct. early at the polls next morning. The same doctrine is maintained, and I will incorporate in my FRANCIS M. WEEKS, being duly sworn, testifies: remarks a paragraph from the case which I have not time to read, in I was at the colored academy precinct in Lake City, Columbia County, Florida, The People vs. Piatt, 29 Illinois Reports: in the second congressional district, on the morning of the 3d day of November, A. A mere irre!!Ularity in conducting an election which does not deprive any voter D. 1874. I got f.here about seven o'clock a. m, When I arrived there I went to the of his franchise, or allow an illega.I vote, or change the result, will not vitiate the clerk's desk and found about twenty persons had already voted, as appeared from poll. Altbou~h the law directs that the polls shall be closed at five o'clock-and the lists. I staid there nntil about three p. m. I then left for about half an hour. this question IS in issue-unless it is made to appear that illegal votes were cast I t.ben returned to the colored academy precin(lt and remained until the polls were after that hour which change the result, the irregularity will not affect the vote of closed. There were a good many voted at the colored academy precinct whose names the precinct. were not found on the registration-list, but I do not remember how many. Question. Were the colored academy precinct and the market-house precinct both The last ground of contest is "that many person were allowed to in the town of Lake City Y vote who were not registered without taking the oath that their (Objected to by contestee's connsel.) names had been improperly stricken from the registry-list." This Answer. They were. I partly examined and compared the colored academy precinct returns and the market-house returns. As well as I recollect, I only charge, it is claimed, is supported by the proof; and from it it is ar fonnd about seven persons whose names were checked on both lists. I was then gued that the inspectors were shown to be ready to commit a fraud called away to other business, and Mr. Waldron, who was assisting me, continued on the election. . · the examination nntil he was called away. Mr. Waldron was the clerk of the cir The law applicable to the question involved is th:us stated in the cuit court, and I was his deputy. My impression is the seven persons voted at both precincts, and I base my impressions on the names being checked on lists. case in 8 New York, from which I have already quoted: I based my conclusions that a good many vcfted not on the registration-list by being Fraud' can never, in judicial proceedings, be predicated of a mere emotion of the present and looking over the registration-lists. I think there were four in one crowd. mind, disconnectea from an act occasioning injury to some one; a fraudulent trans I observed from ten to fifteen who thus voted, as well as I recollect. I was the op action implies a wrong done, as well as a person wronged. The term fraud when ponent of Dr. Johnson at this election. I pzid particular attention to those who applied to inspectors of an election implies, e$ vi termini, that some legal voter has thus voted, and kept a list of the nam.ea until three o'clock; but the list was ajte:rward been designedly and wrongfully deprived of his vote or that an illegal vote has burned in the cle1·k's ojfiee. ·Mr. Brown and Mr. Barnett got names that l did rwtget. been purposely and unjustly received hy these officers or that a false estimate has When I saw them take the names I did not do it. The clerk's office was burned been imposed upon the public as a genuine canvass. on the night of the 20th of December, A. D. 1874. The contestant must show that the copy of ·the registery-list fur The mere impression of Barnett that seventy-five persons illegally nished the inspectors of the colored academy precinct was a correct voted amouni~:~ to nothing so far ns impeaching the returns are con one, or no inference of fraud can be made against the election officers~ cerned. No one of these witnesses swears to any fact tending to prove But the contestant's witness Waldron, clerk of the court, leaves it in any fraud. No poll in the land would be good if it was set a-side as doubt whether he furnished any certified list for 1874. It is fairly fraudulent because the partisan challengers testified they thought inferable that the list used was an old and uncorrected one. Here is somebody who swore in his vote was not a qualified voter. • Every his testimony : witness testified that except in respect t.o the voters who were chal I was clerk of the circuit court of Columbia Connty, Florida, and had custody of lenged it wa-s a fair a:Q.d legal election. Certainly no more votes ought the connty records and election returns in November, A. D. 1874. Since the last to be thrown out than are shown to have been illegal. This, on the general election the clerk's office and (I believe) all the county records had been destroyed by fire; this occurred in the month of December last. largest estimate, conld not exceed seventy-five. This wonld leave the sitting member undisturbed, and with a large majority in his fa Cross: vor. The testimony of Duval Selph is not deserving of credit. He I do not remember whether, as clerk, I made certified copies of the registration loists before the fire. I do not know of any being in existence at the present time. testifies to his own infamy; besides, his evidence is hearsay. He pre tends to give conversations with a man who had been murdered be Thus it appears that the clerk had not furnis~d the certified list, fore the·testimony was taken. This man, however, does not swear to and it is quite fair to assume that, if the ballot-box, poll-list, returns, any actual fraud committed by Dr. Johnson or any one else. The and registry-list were in existence, they wonld utterly explode the portion of his testimony most nearly looking to the existence of fraud charge of illegal voting. is the following. Duval Selph testifies: But let us examine the testimony on this point as it appears in the Question. Did yon do anything unfair yourself at the election 7 record: Answer. To my knowledge, I did not. The reason I think the election was con W. J. Barnett, (page 77 :) ducted unfairly is that from seventy-five to a hundred persons received tickets from J obnson. He called a nanie and a number and they put it throuuh an ape.rture in Question. Were there any votes ca.St at that precinct when the names were not the wall where the ballot-box stood, and called out the name and'number, and the on the registration-list~ · ballot was thus received; this is one of my reasons. Johnson called the Danieand (Objected to by connsel foF contestee.) gave the number which he gave to these parties from what be told me was a copy of Answer. A great many. I am satisfied there were seventy-five, and J>robably a the registration-list, and the parties took the number with the ticket and passed it hnndr~d, voted whose names were not on the registration-list, who only took the throu~h the hole to the insJ?ectors, calling out the name. The returns from the following oath : "You do solemnly swear that you are twenty-one years of age ; Ellisville precinct were not mtercepted. that you are a citizen of the United States, (or that you have declared your inten tion to become a citizen of the United States, according to the acts of Congress on Redirect: · the subject of natuialization ;) that ~on have resided in this Stat~ one year and in Q. State other reasons why you consider the election unfair. this county six months next preceding this election ; that you have not voted at A. My other reason is that the number of men who voted through the window by this election, and that you are not disqualified to vote by the judgment of any number, as above stated, were (as I believe) voting under fictitious names ; no one court." No other oath was taken by those who voted and whose names were not told meso. on the registration-list. None of the above took the oath that they had been regis tered ana their names had been improperly stricken from the registration-list. This circumstance, if it occurred, is capable of a simple explana Cross: tion. There was a large number of men to vote. It would require Q. You stated that there were seventy-five, perhaps one hnndred, voted whose more than one vote to be cast each minute. The registry-list had the names were not on the registration-list; will you st..'tte o:p. what gronnds you make names of all the voters of the county on it. It took some time for that statement ¥ • the inspectors to hunt up each voter's name. Hence if Dr.. Johnson A. From the number who voted whose names were not on the registration-list. When a man came up to vote his name was looked for, and if not fonnd the inspect when he gave out a ballot also ~ave the voter his number on the reg ors administered the oath. It is my impression the nu,mber is as large as seventy istry-list, it would enable the mspet:ltors at once to :find the name, five ; not less. and thereby would facilitat~ the election. This man Selph thinks, J. V. Brown, a democratic challenger who remained in the room however, these seventy-five or one hundred men were voting under where the officers of the election were, testifies: · · fictitious names. He does not claim 1!0 know ,it; it is his i1np1·esBion. Such a fraud would be a .stupendous one and must have attracted There was a number of votes polled that day of persons whose names were not on the registration-list. I looked over the list with Charles R. King, who was an attention. Yet neither Brown, who was inside the room as challenger, inspector. nor Barnett, who was challenger outside, nor Weeks, the democratic Question. Do you know of any who voted twice on that day~ senatorial candidate, observed this occurrence, or, if they did, it was Answer. One Huison Yates, a citizen of Duval Connty, to my certain knowledge, voted twice . •In the morning be voted for Walls; in the afternoon he voted a so manifestly proper that they do not allude to it in their testimony. folded ticket, a green one, (the republican color that dav .) A majority of the regu They testify to the fairness of the electi~n, except as to certain men larly-appointed mspectors were not present when I arrived in the morning. There who offered to vote whose names were not found on the copy of reg- 1876. CONGRESSIONAL RECORD-HOUSE. 2559 istry-list at the polls, and who on being challenged swore in their Now what do we find in this case f We find that Dr. Johnson, who votes without taking, it is claimed, the proper oath entire. The was an active republican partisan in Columbia County, and who was whole testimony, however, fails to impeach the returns. It is manifest a ca.ndidate for the State senate, a few days before the election was that in no event can more than seventy-five votes be struck off. riding about the county endeavoring to get persons to act·as inspect Our duty seems plain. We are furnished with the data whereby we ors of election at that colored academy precinct, and on the night be can purge this poll of every vote about which a question is raised. It fore the election a man by the name of l'ompkii1s and a man by the is our duty to do it. Strike off 75, the number estimated by Barnett name of Carroll staid all night at the house of this Dr. Johnson. · to have illegally voted, or strike off 100, the number suggested by Tompkins was one of the inspectors that Dr. Johnson had selected to Selph, and the sitting member still has a large majority. In this way act on the following day, and he staid all night at Dr. Johnson's will we preserve the purity of the ballot-box and at the same time give house. Carroll was the man whom Dr. Johnson had selected to act effect to the honest ballots cast at this precinct. Only by preserving as clerk of the election, and he staid all night at Johnson's house the the purity of the ballot-box and by b'\ving honest, unhesitating obe~ night before the election. King, another inspector, did not stay a11 ence to the expressed will of the majority can we hope to perpetuate night at Johson's house, but he was there the next morning before our republican institutions and save libe17tyitselff.rom perishing from daybreak. Carroll, the man who acted as clerk, says that he and Dr. the earth. Johnson and King and 'rompkins left Dr. Johnson's house together [Here the hammer fell.] aJ!d went to the voting-place and arrived there a little after daylight. Mr. HOUSE. I do not desire'D.or do I intend to consume the time Now the election law of Florida says, and all laws say, that fraud may • of the House in discussing anything that is not proper for the House be proved by circumstances. Here. wa-s a man who was himself a to take into consideration in making up a calm and unbiased judg candidate for office at the election, an active partisan, and he goes ment upon the merits of this case. But I must be permitted, Mr. himself and selects men to act as inspectors and a man to act as clerk, Speaker, to enter my protest against the spirit in which the honor- and on the next morning a little after daylight, before any one could . able gentleman who has just liaken his seat has seen fit to consider be presumed to be abroad, before the voters of the precinct could this question. A Committee of Elections occupies a quasi-judicial be presumed to have got their breakfasts, these men, a little after po ition, and if their opinion upon a ca e is worth anything to the daylight, go to the polling-place and open the polls and commence House their investigations must be conducted in a judicial spirit. voting. There is no proof in this rega~d that any human being in The spirit of the partisan is wholly foreign to a question of this sort Cblumbia County ever had anything to do with the appointing of and entirely out of place in an investigation of this character. Why these inspectors except Dr. Johnson himself. the gentleman from Indiana [Mr. BAKER] felt himself called upon in Now, I beg the House to bear in mind that the Jaw says that, if the discussi.ng what is nothing more than a purely legal question to travel inspectors of the election are not pres~nt to officiate, then the voters outside of the record and make an attempt to stir up party feeling on present-when 7 At daylight f About sun up f No; but the voters this subject against the majority of this committee is a question which present at the time fixed by law for the opening of the polls-may, he perhaps oan answer. I say everything of that sort is wholly for viva voce, select inspectors. ·Now it is perfectly idle for any one to eign to this question. argue to me or, I think, to any fair-minded man in this House that an The question is whether under the laws of Florida the contestant or active partisan can go about before the election and select the men the contestee is entitled to a seat upol! this floor, and the attempt on the that are to act as inspectors and clerk and take them to his house and part of the gentleman from Indiana to excite prejudice against the keep them over night, and then take them to the polls and commence majority of this committee or to attribute to them a motive to ride operations before other citizens are abroad or can possibly participate rough-shod over the poor colored voter and to deny him his legal rights in the election. Isaythatthat of itself was afraud upon the election does the majority of this committee gross injustice, and the gentleman laws of Florida. will allow me to say, without any offense to him, is unworthy of him. I do not controvert the position taken by the gentleman from In There is nothing, Mr. Speaker, which has occurred in the investiga diana, [Mr. BAKER,] tha,t if the inspectors of elections should happen tions of this committee which would justify the gentleman from In to open the polls a few minutes before or after the tin1e fixed by law diana in indulging in any such insinuation against the majority of the the election would not b~ invalidated; but here was a deliberate at committee. Why, sir, he came very near charging, he did by innuendo ~mpt to open the polls before the time fixed by law had arrived. Dr. charge-if he did not mean to cast a suspicion of that character, I am Johnson said to Mr. Tompkins, "I want you to act as inspector." at a loss to know why he made the allusion he did-he came very near What right had he to appoint an inspector T He said to Carroll, "I charging that the contestant in this case had burned the court-house want you to a-ct a-s clerk." He had no right under the election laws to destroy the records and murdered a witn~ss to suppress evidence. I of Florida to appoint either inspectors or clerk; yet he did so·and he submit here in all fairness if this line of argument is not entirely out opened the polls when there were no persons present but his own per of place in the discussion of this matter. sonal friends, :fifteen or twenty in number, while the citizens of the . It is very true, Mr. Speaker, that the court-house was burned; how precinct were not there at that early hour. or by whom this evidence does not disclose. It is true that this Dr. Now the gentleman from Indiana undertakes to say that there is Johnson who figures in this election was killed by somebody; but some discrepancy in the proof about the hour at which they com where, by whom, and under what circumstances, this record fails to mencen voting. I undertake to say that the proof is overwhelming disclose; there U; not one particle of proof upon the subject at all. So that they opened the ballot-box about seven o'clock. • much, Mr. Speaker, in reference to these outside charges which the Mr. Brown says that he got there about seven o'clock, and that gentleman from Indiana has seen fit to insinuate against the majority they were voting when he got there; that there were about twenty of his colleagues upon this committee. And I must express my snr votes in the ballot-box when he got there, about seven o'clock. pri~:;e that the gentleman should have exhibited such a partisan spirit. Another witness proves the same thing. This man, Selph, proves I could not have been induced to believe that under his calm exterior that it was eight o'clock and twenty minutes by his watch, but be the fires of partisanship would burn so intensely as they seem to do. says he set his watch ahead an hom and twenty minutes the evening Now, the charge, Mr. Speaker, that the majority of the committee are before, at the suggestion of this same Dr. Johnson. There is one re depriving the colored voters of their rights I deny, and there is noth markable coincidene.e in this matter. There was a colored .divine by ing in this record to warrant any such remark on the part of the gen the name of Armstrong, who was a candidate for the Legislature. The tleman. strange coincidence is that Armstrong's watch and Selph's watch Now, sir, I do not intend to go into the whole case. A. great many corresponded. Selph admits that he put his watch up an hour and ofthe points that we1·e made by the contestant and the contestee in twenty minutes at Johnson's suggestion, and it is a remarkable thing this case the committ ee do not disagree about. The whole contest that A.rmstron~s watch should correspond with Selph's watch. He here hangs upon one precinct in Columbia County, known as the col was a colored divine and a candidate for the Legislature, and I have ored academy precinct in Lake City. no doubt that he put his watch up at ·Johnson's instigation. Some The sitting member cla.ims to have been elected to this House by a thing of that kind must have been done, or else the watch of this majority of 371 votes. He claims to have received at this colored divine, Selph, would not have corresponded with Armstrong's. academy precinct 588 votes, while the contestant received there only Mr. TOWNSEND, of New York. Do you say that Selph was a col 11 votes ; so that if the vote of this colored academy precinct is ored divine f thrown out it settles the contest as between t.he contestant and the Mr. HOUSE. Not Selph, but Armstrong. The manner in which contestee; and I shall not go into the question of this election any the gentleman from Indiana [Mr. BAKER] and the minority report further than as relates to the colored academy precinct. of the committee denounce Selph is conclusive proof that he had Now, Mr. Speaker, the election law of Florida provides that the none of the colored element in him. election shall be opened at eight o'.clock in the morning and that the Mr. TOWNSEND, of New York. I am glad of tlilltfor the sake of polls shall close at sundown. It further provi~es that three discreet the colored people. . men shall be selected to act as inspectors of election, and that, in case Mr. HOUSE. I would take that a-s P''imafacie evidence of his color they are absent or sick or refuse to act, then the voters who are present every time. So much for the manner in which these inspectors were at the time fixed by law for the opening of the polls shall select three appointed. I say that from the circumstances you can come to no other men to act in their place. other conclusion than that it was a deliberate and concocted fraud Now I desire to refer to the law on that subject. upon the election laws of Florida. If Dr. Johnson meant to do noth In case of the death, ab ence, or refusal to act of any or all of the inspectors ap ing wrong, meant to do nothin~ more than to comply with the law, pointed by the county commissioners, the electors present at the time appointed why did he go there about daylight, and why did it so happen that in for ope nin~ tl1e election may choose, viva voce, from the qualified electors, such a number as, together with the inspect()r or inspectors present, if any, will constitute his selection of inspectors and clerk he took every one from his own a board of three, aml the persons so chosen shall be authorized to act as inspectors political party and gave the other side no showing whatever in the 9f that election . selection of officers who were to preside impartially at t4at election T • 2560 CONGRESSIONAL RECORD-HOUSE. APRIL 18, Mr. WALLS. Will the gentleman allow me a moment Y And here we have from seventy-five to one hundred men coming up :Mr. HOUSE. Certainly. to the ballot-box and offering to vote when they were not entitled to Mr. WALLS. The evidence will show that not one of these in vote, unless they took the oath that their names were stricken from spectors was my political friend; or rather the evidence does not the registration-list; and we :find these inspectors, with both oaths show that they were, and I will prove to the House that not one of before them, administering to men whose names did not appear upon them voted for me, but they all voted for the contestant. I hope the the registration-list this oath which I have just read, which did not gentleman will not undertake to discredit my case by saying that entitle them to vote. they were party friends of mine. Now let us see wh~t Tompkins said about this matter: :Mr. HOUSE. The evidence shows that they were all republicans. We had tWo ooths. Mr. WALLS. No;· nowhere does it show that. This shows that they had both oaths right before them then and Mr. HOUSE. I will not stop to read the evidence, but it certainly there. If they had not had the oaths with t.hem at the ballot-box, doe show that. Tompkins proves that they were all friends of Dr. we might suppose that through. mistake they administered to these Johnson or voted for him. And the testimony of Weeks, I think it unregistered voters the wrong oath. But Tompkins removes alto is, shows that every man present at the polling-place of that. precinct gether that ground of escape for these inspectors. Tompkins, an when he got there was~ republican except~g himself and ano~her inspector himself, testifies : man. King and Tompkins and Carro~ were ~1 there at that t~e, We had two oaths, and Captain King almost invariably administered the oath, and and there can be no dispute about therr belongmg to the republican in every instance, as well as I remember, we administered the oath. I recollect oc party.. That is clearly shown by the testimony. casionally they swore their names had been improperly struck from the rolls. But I will show a little further on in this case why it was that Dr. Now mark you, not one of them wa-s entitled to vote whose name Johnson wanted King and Tompkins and these other men to act as was not on the list unless he took that oath. inspectors. The minority in this ca e make a statement in their re The oath, section 16, act 186fl, page 5, was the one generally administered in al port which I was very much surprised to see in view of the proven most e~ery case. There were only a few took the oath that their names were im- • facts in this record. They say there is no proof that a single illegal properly stricken from the list. vote was cast at that precinct. Now I beg the Ho.use to understand Now I call upon gentlemen on the other side of this House who sup one thing; there is a registration Jaw in Florida. No man can vote port the minority report to argue this question from the proof in the in Florida unless be is a registered voter; that is clear; there is no ca-se, and not to indulge in partisan passion. I say that even upon the ilispute about that. testimony of Tompkins, the inspectors of .elections, with both oaths When a man presents himself to V()te, if his name is not found upon before them, deliberately committed a fraud in allowing men to vote &he registration-list, before he can vote he is required to take an oath who they knew were not entitled to vote under the la'Ys of Florida. that his name has been improperly stricken from the registration-list; Gentlemen cannot escape this conclusion. be cannot vote without that. That oath is as much a condition prece Let me now read one statement from the minority report, a most dent to his voting, if hi name is not found on the registration-list, extraordinary statement to have been made by a.ny gen'tleman who as that he shall be registered at all. That will not be disputed by had read the proof in this case : gentlemen on the minority side of this question. If, when a person It appears from Tompkins's testimony that men whose names could not befonnd comes up to the polls, the inspectors look over the list and :find that were challenged and took both oaths required by law. his name is not there, they will say to him: Mr. A, your name is not Now this minority report represents Tompkins as saying that the on this list. He then has no right to vote unless he swears that he men who offered to vote there took both oaths, when Tompkins's tet; has been registered, and that his nwte has been improperly stricken timony, which I have just read, shows that very few of them took from the list. this oath that t.hey had been improperlystruckfi·om the registration Now, what was done in this caseY Between seventy-five and a list. Now I call upon the gentleman who wrote that report-- hundred voters-some pnt it more and some less, but certainly a very Mr. TOWNSEND, of New York. I wrote it; n.nd I will meet the large number of the votes received there that day-were offered by gentleman at Philippi. Let him be patient. men whose names were not on the registration-list. Now, the minor :Mr. HOUSE. I did not want to meet the gentleman anywhere else ity say that these inspectors have done nothing illegal; that no illegal than at Philippi. It was at Philippi I wanted the gentleman to votes were cast at these polls. I say that the proof shows, and abun speak-not now. But whether he speaks here or at Philippi, I say dantly shows, that from seventy-five to a hundred voters-the number that he incorrectly represents-not intentionally, of course, as he will is not very accurately defined, because no one kept count of them understand-- presented themselves there to vote who e names were not on the reg :Mr. TOWNSEND, of New York. Certainly. istration-list, and they were permitted to vote without taking the :Mr. HOUSE. But that he does erroneously represent Tompkins as oath which the law imperatively required they should take before swearing to what he does not swear to; he swears to the contrary. they could vote legally. _ It appears from Tompkins's testimony that the men whose names Now that is proven by several witnesses here; among them by could not be found on the registration-list were challenged and took Tompkins, one of the inspectors appointed by Johnson himself. both oaths required by law. He says that only a few took the oath Before going further in my argument on this question, I wish, in that their names were improperly stricken from the list. I know the support of my statement that the proof showed that these inspectors honorable gentleman is able, and I know he is ingenious, but if be were republicans, to read from the testimony of :Mr. Barnett, page 77: can reconcile that, then his ingenuity exceeds anything I have ever Question. Were these inspectors republicans or conservatives¥ · • seen exhibited. Answer. They were republicans. I insist, :Mr. Speaker, that all this is sufficient to utterly destroy There are several other witnesses who speak to the same effect, but any return that these mspectors could make out; that having both I will not stop to read their testimony. One of them was a colored oaths before their faces, they permitted men to come up and deposit man. There can be no dispute on this point at all. The gentleman votes in the ballot-box without taking the oath which the law re- [:Mr. WALLS] has not read the evidence in his own case, I presume, quired they should take. . . . . if he says that this pr9of is not in the record. . This record also shows that men were allowed to vote not livmg m :Mr. WALLS. I have read all the evidence; and I pronnse to sub- the county, although not challenged, and yet challengers were there. stantiate my assertion. ' · Mr. Tompkins, who was one of the inspectors, says: . · :Mr. HOUSE. :Mr. Speaker, I will . not, if I know it, Illi.Rrepl"esent There was cousidera,ble challengin_$ at the polls; John V. Brown arid W. J. ;tlar· the testimony in this case, and I think I know what it is. I say that nett did most of the challenging. ..trrancis M. Weeks challenged a few. There these inspectors themselves perpetrated a willful and deliberate fraud were I imagine, at least fifty or sixty votes challenged. Persons were challenged beca~e they were not on the registration-list. Two or three because they had been upon the ballot-box over which they presided. As I said a while ago, in the penitentiary. no gentleman who sustains the minority report will pretend that any man who presented himself to vote, whose name was not found on the Their attention wa.s called to that, "I challenge this man because registration-list, could be allowed to vote unless he took the oath, he was not on the re~stration-list;" but with both oaths before them, prescribed in section 9 of the election laws of Florida, that he had instead of malting him take the oath he m_ust take bef~re. he can .vote been a registered voter, but that his name had been improperly and which they knew he could not take Without coDliDltting per:Jury, stricken from the list. There wa.s another oath that t.he voter took they committed the fraud upon the law of putting the other oath to where the question of registration did not arise, or where he was chal him, which did not amount to a row of pins, and deliberatelyput his lenged for ot.her causes. That was the oath contained in section 16 vote into the box. That is of itself sufficient to destroy the returns of the election laws: • of this election precinct. It is well understood and well established that when an officer of election is occupied in the perpetration of de If any person offering to vote shall be challenged as not qualified by an inspector or by any other elector, one of the board shall declare to the person challenged the liberate wrong upon the ba.Uot-bo"x, although it may not be sufficient qua.iifica.tions of an elector. If such person shall claim that he is qualified and -the to change the result, it destroys the integrity of the returns, and you challenge be not withdrawn, one of the inspectors shall administer to him the fol cannot look to that return for any purpose whatever. lowing oath: I understood the gentleman from Indiana [Mr. BAKER] to remark "You do solemnly swear that you are twentv-one years of age; that you are a citizen of the United Stat-es, (or that you have declared your intention to become a that when the testimony of Weeks was taken the contestant fa~ed citizen of the United States, acco~g. to tp.e acts of Congress c~m ~e subject of to ask him a question, and that Weeks failed to prove there were ille naturalization ·) that you have resided ill this State one year and ill this county six gal votes cast at this poll. That is altogether n. mistake. months next p~eceding this election; that you have not voted at this election, and Mr. TOWNSEND, of New York. If the gentleman from Tennessee that you are not disqualified to vote by the judgment of any court." will allow me, the assertion of the gentleman from Indiana was that Now that is one oath; that is the oath required to be taken by a Weeks failed to state any of the twenty names, or thereabouts, of man challenged for other cause than not being a registered voter. votes upon the list when he arrived were illegal. 1876. CONGRESSIONAL RECORD-HOUSE. 2561 Mr. HOUSE. I did not understand that. poll under circumstances which at the worst could only decrease Mr. Mr. TOWNSEND, of New York. That is what he said. Walls's majority from one to two hundred, instead of 577, a.s the ex Mr. HOUSE. Then I do not care to reply to that, but Weeks does clusion of the entire poll would do. The state of this poll is such that say there were 11 good many who voted at the colored academy pre it can only be thrown out for frauds which render the returns totally cinct whose names were not found on the registration-list, but I do a.nreliable; for if the only fault be illegal voting we can throw out not remember how many. One says from seventy-five to one hundred. every illegal vote that the contestant can even claim was cast there They proved that various parties from other counties, who did not and still have a maJority sufficiently large upon the report of the belong to Columbia County, were allowed to vote at that precinct. majority of the committee to elect Mr. \Valls; for in this precinct he The challenges were disregarded, and these inspectors, appointed as received out of 599 votes all but 11. .Any fraud that under any rules I have indicated to the House, allowed other votes to be received. would make it admissible to throw out the entire noll must be fraud So, :Mr. Speaker, I do not think any other conclusion can be reached ulent conduct on the part of the officers of the eiection; it must go upon any sound principle than that this colored academy precinct to the extent of satisfying us that the returns do not import verity; must be thrown out. If thrown out, as I stated before, then it settles that they are not even presumptive evidence of whom the votes were the result of this election. The contestee claims to be elected by 371 for or how many were cast for each candidate; for, if the ~fficers did majority. He claims to have received 588 out of this colored acad not act corruptly, if the poll-books were correctly kept, the ballots emy precinct. Of course, if the poll at the colored academy precinct not changed or tampered with, the returns properly made according is thrown out it settles the question. The other minor questions re to the ballots, then it is· possible by evidence to prove.the illegal votes ferred to in reference to other precincts I do not care to touch upon and to arrive at the truth. But, on the other hand, if fraud enters any further. the portals of _the polling-place, exists among the officers of the elec One thing was said by the gentleman from Indiana [Mr. BAKER] tion, enters the ballot-box, so that we have no reason to believe that the which I will notice before I take my seat. He made a statement in returns are correct, then all reliability is gone, and the only way is to relerence to the contestee being deprived of the privilege of taking exclude the whole returns a-nd resort to other evidence to determine proof, and some\bing is said m this minority report of the testimony how the legal electors voted. . in this case being ex pm·te. I wish to state to the House that every Now, what is the evidence in reference to this precinct f To what witness examined in reference to this colored academy pr.ecinct was extent does _it got .Are the officers of the election even implicated cross-examined by a party who certainly represented himself to be in any frauds which the contestant bas even attempted to provo f the attorney of tile contestee. Every witness was cross-examined, The inspectors of the election were John W. Tompkins, Charles R. and t.he testimony is not ex parte. King, and a colored man named .Alexander Ha. milton~ who, with John But it is further said that the contestecrmad.e an applicat.ion to the .A. Carroll as clerk, constituted the election board. ·The evidence committee for time to take additional proof. The contestee never shows that t.hese men were republicans, and friends and supporters took any proof whatever in reference to this colored academy pre of Dr. E. G. Johnson, republican candidate for the State senate from cinct; but he made an affidavit before the committee for time to take Columbia County, and also of Mr. Walls, the contestee; but with the additional proof. The committee considered his application, and possible exception that they assisted in opening the polls too early with only one solitary exception, the gentleman from Indiana, [Mr. on election morning there is not one scintilla of evidence even tend BAKER,] every member on the committee, democratic and republican, ing to prove that they acted fraudulently; and can it be possible decided that his application was who1ly insufficient. His affidavit that this House, on ·the mere proof that the election was commenced did not disclose the name of a single witness whose testimony he pro at too early an hour and that the election officers were republicans, po ed to take, nor did it disclose what fact he desired to prove by a is prepared to disfranchise the whole republic:m party in Columbia. single, solitary witness. His affidavit was so general in its terms County and throw out 50 legal republican votes, which the adoption and indefinite, that every member of the committee, with the excep of the majority report would certainly doT tion of the gentleman from Indiana, ruled without hesitation the ap We would ask yon to take the evidence of the democrats who were plication was wholly inadmissible, and that as a committee we could at this precinct watching the interests of their party from the time not permit the sitting member upon such a vague and indefinite ap the polls were opened till they closed. Francis M. Weeks, the demo plication to ret.ain his seat forever, when he had given no good reason cratic candidate for the State senate in opposition to Dr. Johnson, wily he had not taken proof when he ha-d snch a long time in which swears he got to the voting-place when the lists showed tilat only to do it. about 20 votes had been polled, and, with the exception of half an . So that there is nothing in that. His application to take additional' hour, remained at the polls all day. Mr. Brown and Mr. Barnett proof was fairJy, impartially, and justly considered·by the committee, were also there a.s democratic challengers, and remained all day, and it was overruled as wholly insufficient by the unanimous vote of though probably they were not there as early as Mr. Weeks. These that committee with the exception of one. So much for that. I men had every opportunity to see and know how the election was will not det~in the Honse with any further argument of the case. conducted; it was their interest and busjness to know, and whatever BUREAU OF INDIAN A.FF AIRS. evidence they gave would naturally, from their party affiliations, be Mr. WILSHffiE, by unanimous consent, from the Committ~e on strongly against the sitting member and yet, so far as the evidence Indian Affairs, reported the evidence so far as taken by ·the commit of these men goes, properly weighed, instead of being evidence that tee in the iuvestigation.of the conduct of the Indian Bureau; and the officers acted corruptly, it is a thorough ind01-sement of their gobd moved that it be printed and referred back to the committee. faith, especially when taken in connection with the evidence in refer The motion was agreed to. ence to Alachua County, which shows there was a wide-spread mis apprehension as to what was the oath which unregistered voters were CONTESTED ELECTIO-N-FINLEY VS. WALLS. required to take and that any presumption that the officers acted Mr. BROWN, of Kansas. Mr. Speaker, this contested-election case corruptly in adr6inistering the wrong oath is completely overcome by hinges entirely upon our disposition of the colored academy precinct the fact that this mistake was also made in the precincts which tile in Columbia County, as even the majority report of the committee majority of the committee do not refuse to count. While each of would only show frauds in the rest of the district sufficient to reduce these democratic chaUengers claims the election to have been illegal :Mr. Walls's majority to 234. And therefore in what !.shall say I shall and corrupt, it is noticeable that they each and all cla!.m it, because confine myself exclusively to this precinct and leave the other ques unregistered voters were allowed to vote without taking the proper tiQns as immaterial and not necessary in the decision of the case. No oath; and that beyond this not one of them testifies to anything ille principle of law is better settled in election ca-ses than that the throw gal and corrupt at this precinct. Barnett testifies: ing out of the returns of an election district is the very la-st expedient Iwasthereasachallenuer. I staid therefromabouteighta.m. tillaboutthroof. m. to be resorted to. 'fhe right Qf the legal voter to have his vote counted A great many persons w~ose names were not on the r£1gistration-li8t voted. am is sacred, and we have no right to refuse to count it unless frauds satisfied thero were seventy-five and. probably a hundrea voted whose names were not on the re~istration-list and ·who only took the following oath: "You do sol • have been committed to such an extent that the returns are abso emnly swear tnat you are twenty-one years of age; that you are a citizen of the lutely valueless. The mere fact that illegal votes were received is United States, or that you have declared your intention t{) become a citizen; that not alone sufficient to base the rejection of a poll upon unless it be you have resided in this State over one year and in this county six: months next preceding this electioll; that you have not voted at this election, a.nd t.bat you are comes impossible to show whom such votes were cast for and unless notdisquaJified to vote by th{ljudgment of any court." Nootheroathwaa taken by they are sufficiently numArous to change the majority. When they those who voted and whose names wo-re not on the registration-list; none of them can be eliminated, even by the most violent presumption against the took the oath that they had been registered and their names bad beem improperly person receiving the majority that they were all cast for him, it should stricken from the registration-list. Quite a number of persons voted who were not ue done as long as it leaves him still in the majority, a.s he should not citizens of Columbia County. As I remember, they were all colored. I challen:retl these vot~rs, and Dr. E. G. Johnson insisted on their right to vot~, and Charles be made to suffer to an extent greater than any possible injury the Thompson msisted on the right of one to vote whom I loicw not to be a citizen of illegal votes may have caused to the opposing party. For instance, the county. In the morning many of these refused to take the oath, but in the if 50 illegal votes are shown to have been cast in a precinct giving afternoon Dr. E. G. John.son and others came up with them and insisted. on their a candidate 100 majority and it could not be proved whom they were right to vote, and they took the above oath and voted. cast for, it would be absurd to say tha-t the whole poll should be re -To my mind the above evidence is a grand vindication of the offi jected, for there could be no doubt he must at the worst have had 50 cers of the election, showing that challenges were respected, that majority supposing every illegal voter voted for him. But when the the forms of law were complied with, and that no man was allowed illegal votes are sufficiently numerous to change the majo.rity, then to vote until he swore to the facts constituting him a legal voter. we are all at sea, and there is no certainty whatever as to the legal If the officers administered the oath they believed to be the legal oDe, result. and would allow no unregistered person to vote without taking it, We state these principles because we fear there may be some mis they did their whole duty; and if under these circumstances illegal apprehension, and some members may vote to throw out the entire votes were polled they cannot be blamed, for they were clearly com- IV-161 2562 CONGRESSIONAL RECORD-HOUSE. APRIL 18, - pelled to receive the votes of all persons who on their oaths brought Brown have sat in the room and seen such things done and yet swear them elves clearly within the 1·equirements of the Jaw. The same that except in receiving the votes of unregistered per on's be saw witness then, in answer to the question, "Was the eJection that day at nothing wrong f Could this have been going on and Mr. 'V cek , the colored academy precinct, according to your observation, fairly whose interests were being jeopardized by the tran action, not have and legally or fraudulently and illegally contincted t " answered: se.en it f It is absuTd, unle ·s it wa_.s innocent. Now when we can There were illegal votes cast; there was a. good deal of fra.ucl practiced. Some reasonably explain a transaction in accordance with innocence we who came in the morning anc!_ were challenged and told by the inspectors thev must do it. could not vote vote, on that account the election is fraudulent. Dr. Johnson pro~ which Mr. DAWES made the-report. In his argument before this House posed to commit frauds; therefore his friends, the officers of the he makes use of this language: election, did commit them. Hearsay evidence is considered fully as There was one othet point. At one of the wards in t.he city of Detroit the elec good if not a little better than direct evidence; and the rule of the tion was not conducted in such a. manner as to make it possibl~ to ascertain, after law that fraud is to be proved and not presumed is reversed, and the polls were closed, whether the vote was honestly t-aken or not. There were two ticket-s, one for city officers and tho other for the State ticket and Representatives tho fraud is presuqted and not proved. in Congress. Th y were both put into the one box. .A. voter walked up with two We are satisfied that the evide~ce will not warrant the rejection of tickets folded up and put them into the box. There was 110 poll-list so kept that these returns ; that any purging must elect Walls; and that he is it could he ascertained whether the two tickets which the voter deposited were one entitled to retain his seat. for the State officers and one for the city officers, or whether both were not for the State officers or both for the city officers. · There was no thin~ in the mode of keep LEMUEL D. EV.L.~S. ing tho polls to prevent frauds from being committed in tha.t way ; and when the polls were closed it appeared t.bat there was some variation in the votes. The com Mr. REAGAN, by unanimous consent, introduced a bill (H. R. No. mittee, therefore, thought tha.t this irregularity was of such a character as to render 3141) for the relief of Lemuel D. Evans; which was read a first and it impossible to say how many bona fide votes were cast at that ward for Represent second time, referred to the Committee of Ways and Means, and ative in Congress. ordered to be printed. That report was adopted by this Honse a.nd.the member was seated. MESSAGE FROM THE SENATE. I read now from pages 90 and 91, 2 Bartlett: The committee ·are not satisfied by proof, beyond any reasonable and fair doubt, A message from the Senate, by Mr. SYMPSON, one of their clerks, in that any actual fraud was committed upon the ballot-box during the day of elec formed the House that the Senate returned to the House, in compli tion, and that the conduct of the officers of election and men about the polls, testi ance with its request, the following bill: fied to, should subject them to indictment for misdemeanor, rather than the box it-self to rejection. The fraud upon t,he canvas.~ during the night after electi,ion, as A bill (H. R. No. 2799) to amend certain sections of titles 48 and 52 testified to by Hargin, if fully subst.antiat,ed by reliable testimony, would require of the Revised Statutes of the United States concerning commerce that tho return made by such officers and in such manner should bo set aside; but and navigation and the regulation of steam-vessels. - the testimony of Hargin, upon which this charge mainly rest-s, is so shaken by his own appearance as a witness, and the direct contradiction of Uonnolly and Lyst, The message further announced that the Senate had passed, and that it would be altogether unsafe to base any judgment upon it. . The committee, requested the concurrence of the House in, bills of the following titles: therefore, find that the allegations against this district by the contestant have not A bill (S. No. 732) to dispose of the lands formerly covered by the been sustained. waters of Pistakee Lake, in the State of lllinois ; and I read now from pages 604 and 605 of the same work: A bill (S. No. 749) relating to the sale of the CONGRESSIONAL REC When the votes were being counted in the evening the democratic clerk WaB ORD and other public documents. taken sick, and William Speers was asked to take his place, and without being sworn first as clerk until the close of the com1t. ELECTION CONTEST-FINLEY VS. WALLS. On counting, six ballots was found in the boxes mo:re than the names of persons having voted on the tally-lists of the clerk, which agreed, and only one person is The House resumed the consideration of the contested-election case shown to have voted whose name is not on the list. of Jesse J. Finley vs. Josiah T. Wails, from the second congressional * * * • • • district of Florida. From all the evidence, I think we must conclude that the returns of such an election are too unreliable to be received, and as neither party has attempted to Mr. DE BOLT. Mr. Speaker, the case before us is one of very great prove that votes were cast for him at tha.t election, that the whole poll of Dunbar importance. As a membeJ: of f,he Committee of Elections, I have en township must be rejected. deavored to give it. careful consideration. By reference to the report of the committee and a .note thereto appended it will be observed that I read now from McCrary's American Law of Elections, page 336, I concur in the conclusion reached by the committee, but differ some which. he quotes approvingly : But when the votes were counted there were six ballots in the box over and what in regard to the application of certain rules to certain precincts above the number of names on the tally-list. These facts, together with the fur therein named. ther fact that one Speers acted as clerk without authority and without being sworn, Before speaking of the rules that I desire to have applied to those were regarded by the committee and by the House as furnishing good gwund for precincts, I willfii'st observe that at the precinct of sheriff's office, rejecting tho return. in Madison County, and at several of these precincts, many electors At the Archer precinct there was a discrepancy also in the number voted whose names uid not appear upon the registration-list in the of ballots in the box and the number of names on the poll-list. In hands of the inspectors. By a. reference to the law of Florida it will the ballot-box there were 309 ballots, 248 for :Mr. ·walls and 61 fqr be observed that it is the duty of the county commissioners thirty Mr. Finley, and only 298 names on the poll-list. Here we have a dis days before the election to make a corrected registration-list, and from crepancy of 11 ballots. that list the clerk of the county court must make a ce1i.ified copy, Again we find that at this pre_cinct a man by the name of G. W. That certified copy passes into the hands of the inspectors ; not the Bogue acted as clerk in the absence of the regular clerk without be~ original list, as has been claimed by the gentleman from Indiana, ing sworn. The law which I have read shows conclusively that in [Mr. BAKER,] but the- certified copy. -And it is agreed by the com case of such irregularities the House has heretofore thrown out the mittee unanimously, I believe, that where an elector's name fails to entire vote of the precinct. That is all I desire to say upon that appear on the registration-list in the hands of the inspector at the point, as it iS unnece-RSary to pursue the argument further. This case polls he has no legal right to vote until he takes the oath prescribed seems to turn upon . the colored academy precinct in Lake City, Co in section 9 and also the oath prescribed in section 16. Section 9 re lumbia County. My friend from Indiana [Mr. BAKER] lays down the quires him to swear that his name has been improperly erased from rule that fraud must be actually proven. I read from the American the registration-list-by whom! By the county commissioners, whose Law of Elections, section 303: duty it is to make the registration-list. That the whole conduct of election officers may, though actual fraud be not a~ Now a large number of these electors voted without taking that parent, amount to such gross and culpable negligence, such a disregard of the1r oath. It is held by the committee, or the majorit.y of them, as the official duties, as to render their doings unintelligible or unworthy of credence and evidence shows that many of these naines were found on the registra their action entirely unreliable for any purpose. tion-list in the clerk's office upon examination, that that makes them Again I read from section 442 of the same book : legal voters. I hold it does not make them legal voters for this rea Fraud in the conduct of an election. may be shown by circumst-antial evidence. son : Their names did not appear on the list in the hands of the in It is sometimes a difficult matter to decide whether misconduct on the part of elec spectors, certified by the county clerk from the list made by the tion officers is t~ be re~~rded a.s constituting fraud or as only the resnlt of careless county commissioners; and the presumption at once is raised that ness, ignorance, or negligence. If, however, such misconduct has tho effect to de· stroy the integrity of the returns and avoid tho pri1llll facie citaracter 'Wit1cn tiloy their names were stricken off from that list by the county commis o~ght to bear, such returns will be rejected and other proof demanded of each vow sioners. Wbyf Simply because their names do not appear upon that relied on. And this is the rule concerning such misconduct, whether it be shown list in the hands of the inspectors. And if that is true, then they to have been fra.n ~ade a list of fifty or sixty n~mes: Dr. Johnson had previously told Again, as further evidence that the witnesses were examined on Car~·oll that he bed brought.mto the county from otht)I' countie fifty that day I will read the certificate of the notary: or s1xty electors, and tha.b 1t bad cost him about , 300 to do it, He I certify tba~ the foregoi~g testimony is the original testimony take.n before me mado out this list and handed it to Carroll. Carroll on oath said as. not.'ll'~ pu_blic,. at Lake C1ty, ColuJ?llia County, in the second coogre ional eli .• trict of J!lorula, m the matter wherem Je se J. Finley is contestant and Josiah T that John on did not tell him directly what he wan'ted him 'to do Walls is contestee, on the 13th and 14 th days of A.ngnst, A.D. 1875. · with the names, but he understood that he wanted him to work them in next day for the purpose of securing his election. What does . When was Mt'. Walls present On the 13th d.ay of August, with Carroll say Y When a.sked the question, "Did von work the names in hts attorney. · next day!'' "0, no; I saw that Dr. Johnson ·was doing the work so True, Mr. Walls says that he filed hiR affiili1.vit before that commit well that they would be unnecessary and I put them in my boot and tee askin.g time to t:tke further testimony. And, as has been stated ~fterward gave them to some one whose name I have forgotten." by ~y fne?d from Tenne~see,_[Mr. HousE,] the committee, after due Now, what was Dr. Johnson's part! He goes there earlv in the consideratiOn of that aftidav1t, rule-d it out as wholly in ufficient · morning before the proper officers were expected to meet there, opens and I can tell the. Bon e that the geutloman from Ma a.chusett : the pol~ at ~r near seven o'~lock, when the law specifies eight. Who [Mr. HoAR,] who was then .a member of that committee1 made the goes With hrm t Carroll, Kmg, Selph, and one or two others of his only r~marks t~at were made in !e~erence to it; and he is a trong particular friends. A..ll ~o there for the purpose of opening the poll., · repubhcan I belteve. The afficlaV1t lS before me; but I ,rm not lill early, so as.to have full time to cast all tbe vut.es-" get them in ~arly," dertake to read it. I ~ays one Witness. Now, what time wa-s that poll opened t On parre Before concluding my remarks wish to call attention to the man 17 of the report you will find the evidence of five witnesses· four o~t ner in which Dr. Johnson provitled tho electors with tickets and their of the five witnesses swear that the polls were opened at sev~n o'clock manner of handing them in. Johnson would call out a number alld or near that time, and the other says that he got there about eirrht a name. Up would step a voter having the same number and name o'clock and they were voting; he does not know just what time the and stick a ballot through a hole in the door. That is the testimony. polls were opened. How did Dr. Johnson know just what number that man held in his Ah, says my friend from J!ldiana, [Mr. BAKER,] that miserable hand f How did he know what name that man boref ·why he had scoundrel, D~val Selph, who 1s a self~convicted villain, put up his taken down his book the night before; he had made a 'list of the fifty watch thEJ rnght before, or that mormng, one hour and twenty min or sixty ~en that ~e wn.s to bring into the county. He knew his men, utes. Now I ask the gentleman at whose solicitation it was that he and a wttness testifies further that Dr. Johnson told him in conversa tion: ."I do not know whether I can get these men to come from their put up his watch f It was at the solicitation of your friend 1 Dr. J?hnson. With whom w~s Dr: Johnson a sociatingf He was rtm c.ountles_; they have a close fight over there, and perhaps the repub mng for days and days w1th this man Duval Selph, this self-convicted hcans w11l not let me vote them," naming some men in tlte adjoiuinfl' scoundrel, as you would have him understood to be. Dr. Johnson county. But these parties did come in, and that is the way Dr. Joutf well knew his subject. I will admit, for argument's sake that Selph · son vot~d them. He had their names. They may have been on the was a villian. How mueh better is Dr. Johnson than D~val Selph t registratio.n-list; ther? i~ no .evidence whether they were or were not. Selph 1s found in Johnson's company and Johnson surrgested to Selph ~ut t~er~ 1s one peculiarity m ~eg~rd to ~e making of the registra to put up his watch; what does he want his watch p~tup fort You · twn-hst m tha~c?unty .. That list 1s m~de m the cou.nty clerk's office; say the party Dr. Johnson is running with is a self-convicted villain. and the comnnsswners, mstead of erasmg a name, s1mply leave it off The minority report of the committee says: of the copy given to the clerk, from which the clerk makes a certified copy which he gives to the inspectors. They do not erase any nam..e · ;rh~;e is no .lawyer who 'Yill fai.l to appl~ to tbe testimony of this man the doe trme Falsus tn una, falSU8 -m orMnbus." Bern o- confessedly a villain in one;:espect, theref man who baa this matter in charge, that we take a recess at half past Mr. BALLOU moved to reconsider the vote by which tbe joint reso four o'clock, with a view to proceeding this evening with the busi lution was passed; and also moved that the motion to reconsider be ness of the House. If there be no objection, I n.sk that the House laid on the table. take a recess at half past four o'clock till half past seven o'clock this The latter motion was agreed to. .,: evening: to proceed with the regular business. WILLIAM RUTHERFORD .. Mr. FORT. What business! . Mr. RANDALL. I desire to say that if the Committee ~f Elections On motion of Mr. BALLOU, by unanimous consent, leave was granted or the Committee on Indian A1Iairs should not desire to go on to for the withdrawal from the files of the House of the papers in the night, I stand ready, as the chairman of the Committee on Appropria caae of William Rutherford, no adverse report having been made. tions, to occupy the time with.the legislative appropriation bill. In .WASHINGTON AND OIDO RAILROAD COMPANY . . • any event, there should be a night session. Mr. HUNTON, by unanimous consent, introduced a bill (H. R. No. I attempted· the other day to antagonize the legislative appropria 3142) for the relief of the Washington and Ohio Railroad Company; tion bill as against the bill to transfer the Indian Bureau from the which was read a .first and second time, referred to the Committee on Interior to the War Department and was beaten. I do not feel dis Railways and Canals, and ordered to be printed. posed to test the sense of the House again in the same way, as the DANIEL CLEABY. House ba-s indicated they prefer going on with the Indian transfer bill to the legislative appropriation bill. 1\Ir. 'SPRINGER, by unanimous consent, introduced a bill (H. R. No. Mr. SPARKS. We would like to go on with the Indian bill to-night. 3143) granting a pension to Daniel Cleary; which was 1;_ead a .first and Mr! FORT. If it be with the understanding that it shall be for de- second time, referred to the Committee on Invalid PetlBions, and bate onJy, there will be no objection. . ordered to be printed. . - Mr. RANDALL. I could not agree to that ; I have no power to REDEJ.IPTION OF LANDS SOLD FOR DIRECT TAXES. agree to it. 1\-fr. YOUNG, by unanimous consent, introduced a bill (H. R. No. The SPEAKER pro tempo1·e. Is the motion of the gentleman from 3144) to provide for and regulate the manner of redeeming lands sold Pennsylvania that the House take a recess now f for direct taxes; which was read a first and second time, 1·eferred to Mr. RANDALL. No, my motion is that at four and a half o'clock the Committee on Private Land Claims, and ordered to be printed. the House shall take a recess until half past seven o'clock this even ing. I understand the Committee of Elections does not wish to pro REFUNDING DIRECT TAXES. ceed: Mr. SCALES, by unanimous consent, introduced a bill (H. R. No. Mr. SPARKS. We do desire to go on with the Indian bill. 3145) to refund certain direct taxes on lands, collected from citizens Mr. RANDALL. In that caae gentlemen can go on with the Indian in the late insurrectionary State-s under the act of August 5, 1868; bill at once if they wish to do so. which was read a first and second time, referred to the Committee of Mr. FORT; What is the session to-night for f Ways and Means, and ordered to be printed. Mr. RANDALL. I desire to state if any other of these committees · DISTRICT COURT OF WE..ST VIRGINIA . . does not desire to come to the front, so to speak, I am rea-dy with the legislative appropriation bill. · . The SPEAKER pro U:ntpore announced as managers of the confer Mr. SPARKS. I suggest that the Indian Committee is ready to go on. ence on the part of the House on the disagreeing votes of the t PAY OF MESSENGER. EVENING SESSION. Mr. DOUGLAS. I a~k unanlmons.con.sent to submit the following The Honse re-assembled at half past seven o'clock, and was called prea.mble and resolution: ~ · to ~rder by Mr. SAYLER, as Speaker pro tempore. Wherea., the messenger and watchman ro t.be Committee on Investigation of the Freedman's Savings and Trust Compan:y was inadvertently not sworn; and TRAJ.~SFER OF THE INDIAN BUREAU. whoreas his pay has been fixed and authonzed 'by the House of Represent.'\tives: Mr. SPARKS. Mr. Speaker, I move that the House re.solve"itsel£ Therefore . into Committee of the Whole on the state of the Union on the bill (H. • Be it resolved, That the Clerk be, and is-hereby. authorized ropay him out of the con tingent. fuDfl of tbe House th{'l amount as fixed by the ComiUlttee of Accounts and R. No. 2677) to tra.nsfer the Office of Indian Affairs from the Interior approved by tho House of Representatives from the date of his appointment. to the War Department. • The motion was agreed to; and accordingly the House resolved it;. The Clerk refuses to pay this messenger and watchman -because he self into Committee of the Whole on the state of the Union on tho was not a sworn officer. As his pay has been authorized by the Honse bill. (H. R. No. 2677) to transfer the Office of Indian Affairs from the of Representatives, I ask that t.his resolution be passed, so that he Interior t.o the War Department, (Mr. SPRINGER in the chair.) may receive out of the contingent fund of the Honse the pay allowed The CHAIRMAN. The gentleman from Mississippi [Mr. HOOKER] by the Committee of Accounts. is entitled to the floor for half an hour, but as he is not present tho There wa.s no objection, and the preamble and resolution were Chair supposes there will be no objection to his occupying the floor agreed to. · at some future time when he is present. JUDGME'lii"T LIENS. Mr. CULBE.RSON. .Mr. Chairman, I feel in rising to address the Mr. McCRARY, by unanimous consent, from the Committee on the Honse this evening on this question that no apology is due from me, Judiciary, reported as a substitute for Honse bill No. 1945 a bill (H. although I understand that there is scarcely a member upon this floor R. No. 31&0) in relation to judgment liens; which was read a first and now who would not rather be at his lodging at this hour then to re second time, ordered to be printed, and recommitted to the Committee ceive the infliction of a. speech; and yet it ought to be remembered on the J ndiciary, not to be brought back on a. motion to reconsider. that we are expecte bring in another Indian named Big Tree, and a fourth Indian, who was known to (and a fa<'-t not stated in the report, bnt within the knowledge of his co.mra ' . 1876. CONGRESSIONAL RECORD-HOUSE. 2569 find these Indians roaming not only through the Indian country but of the military, and let them understand that they must submit, that crossing the Red River opposite Texas and coming down along the they must cease to roam, that they must lay down their arms, and settlements from four to five hundred miles. What we desire, what seek the arts of peace and the ways of civilization. ( we demand, and what we have a right to demand, is that these In- Mr. HOOKER. 1\fr. Chairman, I will proceed in the few moments diana shall be \)laced in a condition where they ca,n no lo~ger depre- left to me of the time to which I am entitled to present to the com date upon the people upon the border. mitte9 the remainin~ views which I have upon this question, and How can we accomplish that f I undertake to say the cheapest, they·will consist mamly of the proof which was presented to the the l>est, the most efficacious mode to accomplish that resalt is to committee, inducing them to present the bill which they have. That turn these Indians over to the War Department. I do not say to turn evidence constitutes the foundation of the report of the majority of the them over to the military in order that they may be exterminated. committee. That evidence was·taken with reference to the question Not so; but the Army has the power,·it has the ability, and the dis- of making this transfer, as I have before remarked, in the first place position to regulate the conduct of these Indians, to control them looking to the interest of the Indian, and secondarily to the interest of and to keep them within proper limits: That is not asking too much, the citizens who live in the States bordering upon the territory. because if we feed the Indians, if we clothe them, we have the right · The necessity of some more efficient and honest government .than to aak and to demand they shall no longer depreda.te upon the bor- that which bas been established under the Department of the Inte ders of the country. rior seems to be manifest to every one, not alone in its economic I do not advocate the transfer of the Indians to the War Denart- sense, l>ut also in reference to the final settling of the rolations be ment because I believe all the honesty, all the virtue, all the in0elli- tween the Indian tribes and the people of this country. Even the gence of the country is in the military arm of the Government; l>ut Commissioner of Indian Affairs, in his last report to the Government, I believe the :Military Department is just as honest, just as efficient, which has been published since this Congress has been in session, ·and far more able and trustworthy for the execution and successful and which is found doubtless upon the desks of all the meml>ers in a{}complisbment of the .objects of 'the Government in respect to the the House, concedes the fact that even with reference to those tribes Indians than the Interior Department. inhabiting the Indian reservation in the Indian Territory it is essen- The gentleman from New York, [Mr. Cox,] in his speech the other tially necessary t.o have some more formidable and powerful system day, attempted to array the prejudices- of the country against the of management than that which belongs to the Indian Bureau as it Army with a view to defeat the transfer of the Indians from the In- exists in the Interior Department. He says, upon page 48 of this terior to theWar Department. I understand the cost of the Military report : Department of the Government is enormous, and that it has reached No census has boon taken of the Western Cherokees in the Indian Territory since the startling figure of 42,000,000 per annum. I think that it can be 1872. They were then reported, in round numbers, at 17,000, which number has .:~ d h b ttin th t bli h ts tt h d probably been swelled by natural increase ancl immigration to 18,000. re'lnce' owever, yen gaway epeacees a s men a ace 'J.'heyhavebeenmuchdistnrhetlllnringthepaatyearbyanattempttodistribnte • to the Army, and letting the Army stand alone. a per capita relief fun1l of $~00,000. M.my perRons who claimed w belong to the If the gentlema~ from New York lived on the border of Texas be nation wertl excluded from participation in the distribution, being declared aliens would be, as we are, opposed to reducing the Army in number or the by the authorities. Army proper of this country. Now I call the attention of the committee especially to the follow- But he says that the Military Department of this Government is ing observation of the Commissioner : , honey-combed with fraud, alluding to what ha.'l occurred recently in The cont.entions between the Downing and Ross factions are often bitter and connection with the late Secretary of War. Wemu.y admit for the pur- sometimes bloody. Except for the moral effect of the garrison at Fort Gibson pose of the argument that the Military Department of this Government is filled with corruption, but I undertake to say that the gentleman "Except for the moral effect of the ganison at Fort Gibson-'' himself will hardly deny that this Indian Bureau is filled with cor- it is aoubtful whether these f:wtions could long be held from open war with each ruption from top to bottom. Although the late Secretary of War other. •: ay have inflicted upon this country the keenest cli~grace that ever Now that is the testimony of the Commissioner of Indian Affairs befell it since Benedict Arnold betrayed its cause, yet that is no ar- in .reference to the condition of a portion of the Indian tribes who are gument, it is no re3.son why the very highest trusts may not Le con- ordinarily supposed to have matle, and who certainly have made, fided to the officers of the Army. No more did his dishonor or his great advancement in civilization and in the arts of civilized life. disgrace sully the honor of the brave and gallant men of the Army It is apparent, therefore, that even the Commissioner of Indian Af than did the tr!\ason of Arnold affect the character of the bra.ve men fairsz under the present system as it exists, is of opinion that that sys of the Continental Army. He may have been false to himself; false tern IS an inefficient one. And the Sec~atary of the Treasury, in the to the President who trusted him; false to the true men who compose latest.reportwhich he bas made to us on this subject, has shown that the Army; false to his country, yet the proof shows that no officer of the amount of ·expenditure for the past year for the Indian Depart the .A.rmy shared the profits of his disgrace. ment in all its branches exceeds even the estimates which have hith- 1\-fr. Chairman, t.he gentleman from New York misunderstands the erto been put upon it, and is greater than I supposed in tho ramarks character of the Army altogether, if he will remember, as we who I made at a former time to the committee. On page 17 of this report live in the South know, when the soldiers of the South laid down their of t.he Secretary of the Treasury it will be found that he estimates a.rms and took up their lonely, melancholy march homeward, along the Indian expenditmes for the year ending the 30th June, 1876, t.o which every hillock marked the grave of some comrade, and upon the be ,000,000; so that it will be observed that from 1849, when the threshold of every house was·seen the weeds of widowhood, and upon management of Indi:m affairs was taken from the War Department every side fields and farms and homes lay desolated, baptized in fire and transferred to the Interior Department, the increase in expendi and l>lood, that the true friend of the southern sqldier in the midst of tures bas been $7,000,000- $7,100,000 since 1849-though the census his sorrow and ruin was the true soltlier in the Union Army. The shows there has been a very considerabl~ diminution of the number agents sent down to run the southern governments, and to whom the of the Indians since that time. Army was made subordinate and whom it w~ required to obey, robbed I now briefly call the attention of the committee to the evidence · and plundered the southern people-the Army never; and I have no which wa-s taken before the Committee on Indian Affairs. They ex doubt to-day, if a true expression could come from the hearts of these amined a· number of gentlemen who have lived upon the border, and Indians, an exclamation would be heard throughout the. border, "Take they testify as to what baa been the character of the contest that ex,. away your robbers and send us the men whose word the world over isted betw-een the Indians and our Army and the depredations which is their honor." had been committed on the frontier. A gentleman who represents a 1\Ir. Chairman, I have but a few more words to say. I"have called State on the border, the State of Texas-I allude to :Mr. TRRocK attention to the fa{}t that the people of Texas are suffering .from the MORTO~; from that State-was examined before this committee, and depredations committed by these re~erve Indians. I have attempted among the circumstances which he brought to the attention of the com to show the system of this Government aa now attempted to be carried mittee he alluded to the fact of extraordinary depredations having out in relation to these Indians is too weak and powerless to effect been committed on a train which wa-s in progress through the Terri the objects of the Government, and that every consideration of econ- tory in which there were some twelve teamsters. They were attacked omy, of fair dealing, and of justice to the people along the border by the Indians only a few hours after General Sherman himself had requires these Indians should be placed under the strong hand of the passed along in that direction. They were slaughtered. One of them Army, which can control and regulate their conduct and preserve the captured by the Indians was tied by them to the wagon--wheels and peace and tranquillity of neighboring States. the wagons were piled up and Lurned. Those Indians, among them They tell us that they want to civilize these Inrlians by sending the chiefs Satanta arid Satank, were captured by order of General among them preachers and agent.s. Of course this humane and Chris- Sherman shortly after this occurred ancl were brought to the garrison tian disposition will not be interfered with by the transfer of the In- to which General Sherman was proceeding. They were aaked whether diana to the Military Department. Who ever beard of a savage, with or not they did commit this offense. There were three of them ; and a six-shooter buckled around him, being converted either to the arts the answer was, "We have already told tho agent." The agent at this of peace or to Christianity f And General Sherman says in his testi- post had been the first confidant to whom was communicated the mony before the committee that every Kiowa Indian on the Fort Sill account of the depredations which had been committed by the Judi reservation has not only a carbine l>ut two six-shooters besides. Now, ans; and when General Sherman propounded t.he question himself to the idea of .teaching savages such aa they are, with guns in their these two chiefs and the other chief, whether or not they had com hands and piBtols buckled around them and permits to travel around mitt~d these depredations, the answer was, " We have already tohl the country ostensibly to hunt but really to murder and rob, seems the story to the agent; where is the necessity of repeating it to y.ou f" ttl me altogether fallacious. I would display before them the power One of these chiefs, in attempting to escape from capture, _which 2570 CONGRESSIONAL RECORD-HOUS]J. APRIL 18, General Sherman ordered to be made, was killed, aml the other two were This was the address of the Genern.l of the Army to the man who sent. to the penitentiary. This is only one instance mentioned in the had control of Indian affairs ip. that vicinity. testimony of Mr. THROClC 10RTO"Y of the character of the depredations "~atl"!m, :what do you propose to ~o about it 1 You are tl1e Indian agent." Said there committed, and tho agencies that now have the control and he, Ig1ve 1t up; I cannot do anything." "'Veil" saitl I "are you willi11"' to turn guidance of Indian affairs, which are so powerful that the Indian the matter over to met" "General," said he, "I ~ish yo~ wouldf(,ake tho~ ofl' my ~a~ds." "Very well," said I, "stand back; I want JOU to ,got them in to me hcr'3 agents on the reservation are powerless to give 11rotection to any one, rn ulethe post. Tell Sat~nta that I want to seo him, and in tho mean time a certain and for the reason, first, that they have been depredators and spoilers the names of all tho parties present who were personally with him on that. occasion to the very tribe of which they were sent as agents, and like nJl men bec~,uso we will limit our action to t_hem without inTolving the whole Kiowa peo: who ·have. committed spoliations on the persons whom they shonld ple. In ~e ~urso of h~lf an hour, m rode Satanta on a pony, hitched his pony on t~o oppos1t~ sid~ to~ rail, and camo on to tho porch. 011.1 Satank, another ba tleman, a member of this House, said to me," I have received letters ing the number of arable acres in the Indian Territory and other sta from members of that society expressing opposition of this change tistics showing how far the lndia.ns are civilized: because they think that, if it be ma~e, then salutary religious in In reaard to the population of the Territory, I know the:oo are those who contend struction imparted to the Indians in various agenci{'s as well as that that an'lndian, under whatever in.tlilences he may be placed, will remain an In dian still But no other refutation of snch an idea is required than the presenta given by other religious denominations will be terminated ; that the tion of the following statistics. schools which have been efltablished will be broken up ; that the im The board of Indian commissioners in 1813 estimated that there were: provement of the Indians in agriculture and the other arts and sciences Improved lands in farms, acres ..•...... ••...... •••• ·-----...... 204,677 of civilized life will be discontinued." "Why," said I, "no such t.hing Wheat, corn, &c., produced, bushels...... 6, 739,355 is proposed·in this bill. On tho contrary, the majority of the com Horses, cattle, &c., number ...... • ...... • • • ...... • • • • . . . . . 464 465 V nlue of farm products, inclurUng increase of stock...... $4, 663; 610 mittee propose simply to use the accurate and· precise a~ency of the Value of personal property, not inCluding re..'tl estate and stocks held in War Department in its Quartermaster and Commissary vepartments trust ...•...... 16 987 818 for the purpose of doing what by stipulation it is our duty to do in The Government bolus in trust for the tribes in the Indian Territory ' ' disbursing the annuities and supplies which the Government fur not less than. ·.·-...... ••.. •.. .• ...... •...... •...... •.•.• 8, 000,000 nishes to these Indians." From the published report of the proceedings of the Gtlneral Conncil which con Now, it was said by the distinguished gentleman from Massachu vened at Ocmulgee in May, l875, I learn that, omitting schools and arr!ITerrate at. setts [Mr. SEELYE] (and it occurs to me jnst now to speak of it) that tendanco of schools in successful operation among the Kaws, Osagci;"Sbawnce.'l Sacs, and Foxes, the number of common schools is 185, with afTrrregate attend:mc~ at one agency there was a very great difference in the prices of the com of 5, 962; the church membership among the Creeks, Chocta.w~~Chlckasaws Cher- modities furnished by the War Department t-o the post and those fnr okees, and Seminoles is upward of 7, 500. ' nished through the Indian Department to the agency. But wns the distinguished gentleman from Massachusetts aware tha.t the difference I~ is not. propos~d that these. scbools"and Christian organizations between the cost of the supplies furnished by the War Department which are mstructing these Indians shall be abolished. Not at all· and those furnished by the Indian Department was owing to the fact but, on the contrary, it is proposed to conduct them under an efficient that the beef furnished for the officers and men of the Army was sold system of management by the War Department. Instead of breakin,.,. after it was slaughtered and butchered, aml therefore sold for more, them down it is proposed to give them the strength and force and w bile the other was sold on the hoof T protection to which they are entitled. . Mr. SEELYE. The gentleman surely does not wish to misrepre I am ~ure not one of the Indian ?qmmittee bas been animated by sent, and will allow me to correct a misapprehension underwhich he any desire to. do wrong to the Indtan. They have appreciated the is evidently laboring. I was not unaware of the fact that the beef fact that he 18 .now surrounded by the tiue.s of civilization comincr · sold to the Army was sold on the block, while that sold to the Interior from the Atlantic and from the Pacific, and that there is no lon!Ye~ Department was sold ~m the hoof; and· consequently it was necessary any western ~ll!l!ing-~round to wh~ch he can go. We m"ust exp~ct that the figures furmshed to me by those respective Departments therefore to CIVIlize him where he 18. He has been connected with • should be reduced in order to make a fair exhibit. The figures fur our conn try from its earliest settlement, from the time when our Gov nished by the \Var Department showed that there were two contracts ernment was founded, :when our ancestors came across the water to made during the present year for beef at Camp Robinson : one at $8 inhabit this very Territory. He is indissolubly connected with us in per hundred-weight furnished on the block, the other at 6 per hun many respects. The first object of art which strikes the mind of the dred-weight furnished on the block. I took the mean prioo, 7: and bebol.der as he walks into the mn,gnificent Rotunda of the Capitol is in order to make a proper comparison with the price paid by the In the piCture of an Indian woman married to a. white man, kneelin(J" to . terior Depnrtment I reduced that 50 per cent. So that the fi!!llres I receive the ·sacred ceremony of Christian baptism. Everywhere~:\tll gave repre~ented the price in gross in both cases. Reducing $7 by 50 over our land, from the ice-ribbed region of the north to \vbere the per cent. makes the price of beef in gross, not on the block, at Camp !abled murmurings of our own Biloxi b.reak in perpetual ripple npon Robinson, $3.50 per hundred-weight. Of course I mi . 1876. CONGRESSIONAL RECORD-HOUSE. 2573 with less hypocritical cant about christianizing and civilizing the Indians than is chairman of the Indian mission of the Episcopal Church committee, now done. The military can teach the Indians bow to lay down the rifle and take in charge under the present management of certain agencies, a man up ~gricultnral impl~ments a~d use t~e~.; t~is done, an~ ~ur _bo~e.~t and sin~ere Cbnstian workers will see to 1t that CIVIlization and Christmmzation follow nght who gives laJ:gely of his abundant means to the Indian people along aa the s..wage is prepared for these blessings. through Indian missionaries, a man of high and pure character who General .Marcy's opinion, which is found on page 145 of the report has spent much time in the Indian country studying the Indian peo of the Military Committee, is a careful and able review of the subject. ple and Indian management, and who .is doubtful of the civilizing in His knowledge of, and experience in, the mana.gement of the Indian fluences of the Army, says: Question. Tell us in what condition you found themana~~mentof Indian affairs. entitle his opinion to great weight. General Marcy says: Answer. When we commenced the Indians were under t.n.e control of AI1lly offi The mea-sure of returning the Indian Bureau to the control of the War Depart cerR. Very little seemed to be done toward civilizing them; but, as General Stan· mont h.'ts long been indic , ~574 CONGRESSIONAL RECORD-HOUSE. , APRIL 18, In 1868 another Indian commission wa& sent ont, composed of General Shennan, dians should be left where it now is, in the Interior Department, General Terry, General Augur, General Harney, General Sanborn, Senator Hen derson, and Major Tappen. They took testimony again it was too baa to publish. under the control of the Young Men's Christian Association and the I am told that when the Inclian chiefs met the commission at Medicine Lodge Indian ring. Cr ek. they gave as a reason for not ma.k.ing another ~ eaty with ~s that "three Let. him tell Tn.mmany, in the face of the proof, that nine out of times men have come to us and made treatles ; 11 they said that "their Great F:l.thcr ten of the half-breed Indian children are the offSpring of Indian llen t them;" "Ther were liars ;" "we have not S(len one th.ing which they pl'Omised. 11 After long discu.ssion the Indians said that "they believed the men who wore our agents and traders; without any proof whatever of his a ertion, ha uniform had strnigbt ton,2'ues." charged the Army had ruined the Indians "by giving them a loath some disease." Mr. Chairman, since the discussion commenced the question bas And if Tammany is not satisfied with this unprovoked and unjust frequently been asked, havo the Indians been consulted;· what do they attack of-her scalping-chief upon our Army and defense of the Inte sav to the transfer! • rior ma.nagement of the Inclians, run by the Indian ring, then let Tam I hold in my hand General Custer's book,· Life on the Plains. many send for Red Cloud, Black Kettl~, or Sitting Bull, to come and On page 122 is found an opinion of the " Indian Parker," well known take the honorable gentleman's place.f as a distinguished chief of the once powerful Six Nations, and better Mr. Chairman, the economy of this bill, in addition to the fact.tl1at known as .the Commissioner of Indian Affairs dming the early part it costs more to mana ere the Indians in the Interior than it diu to of the present Administration. Colonel Parker quotes from messages manage them in the War Department, is sustained by the evidence of of Washington and Jefferson, showing that they had fuvored the ex General Sheridan, who says: · clusion of civil agents and traders. His recommendation then pro 1 If the transfer is made the Secretary of War will modify his estimn.tes for the ceeds: coming fiscal year $3,500,000. It is greatly to be re!!l'Otted that this beneficent and bn,.mane policy had not bee:q adhereil to, for it is a i''\Ct not to be denied that at this day Indian tra!ling licenses A table prepared by Adjutant-Genera] Townsend, found on page are very much sought after, :md when once obtained. although it ma_y be for alim 229 of tho report, states the amount saved by the reduction of the it.cd period, the lucky possessor is considered as having already made his fortune. number of officers, in their salaries alone, to be 189,000 annually. The ea:rerness also with which Inilian agencies are sought after and large for On page 158 of the report can be found a tab1e showing conclu tunes made by the agent~ in a few years, notwithstanding the inadequate salarl. given, is presumptive evidence of frauds against the Indians and the Govern men . sively the extravagance, waste, and profligacy of the present Indian M:tny ot.ber reasons might be suggested why the Indin.n Department should alto management, and which of itself should be sufficient to convince gether.' be under military control; but a familiar knowledge of the practical work every member of tho House of the necessity of removing the Inclian Ing of the present system would seem to be the most convincing proof of the pro- management away from the Interior Department. This table shows prietr of the measure. . · It. IS pretty gene111lly advocated by those most familiar with our Indian relations that while the Quartermaster's Department pays 4.50 per hundred. and, so far as I know, the Indi\lfis themselves desire it. pounds from New York, Philadelphia, and Baltimore to Colorado, the Ci ,.il officers are not usually respected by the tribes, but they fear and regard the Indian agents pay $9 per hundred pounds; and so on the different military, and will submit to their counsels, advice, and dictation when t.hey would amounts paid for freights, rnn for three pages in this book, showing not listen to a civil agent. . · that tho Indian agents pay 60 per cent. more for transportation of Further along, in regard to Army management of the India,ns, freight than the Quartermaster's Department. Parker says : I ask now to have read, to prove the economy of the transfer, Dr. I believe it to be more economical than any other pLm that could be suggested . Walter Burleigh's opinion, found on page 216 of the report of the .A. whole army of Indian aaen•.a, traders, contl-nctors, jobbera, and hangers-on Military Committee. Dr. Burleigh says : wo'l.ld be dispensed with, and' from tht"m would come the strongest opposition to the adoption of this pL1.n, as it would effectually ,close to them the corrupt sources Question. Do the agents ever turn over beeves on the foot to the Indians so that of trbeir wealth. they can drive them off7 Answer. Frequently; at lea t I think so. I have looked at this question very Mr. Chairman, with such an array of testimony upon this subject from closely and have given it a great deal of study, and my impression is that the trans honest, upright, and disinterested persons, who have had tho amplest fer of the Indian Bureau to "JUe War Department, by di pensing wit,h civilians opportunities of judging, it would seem that further argument as to whose duties can be performed just as well by officers of the Army-my impression is that t-he saving in that alone will be ~> 1,500,000. My impre sion is, (and I think I t.he propriety of t.he proposed transfer is unnecessary, especially in have seen enough of these matters in the last fifteen years to enable me to come to view of the fraud, extravagance1 and profligacy known to exist in a correct conclusion,) that it will save, in supplies furnit~h ed that never reach t·lle the present management of the Indian question. · Indians at all, fully $500,000; that makes two millions. It will save in the adm.in I wish now to call the attention of the Honse to the economy of this istration of the .Ariny directly, by enabling them to bring tho Indians clown to n.w igai.Jle highways where supplies can be distributed without the monstrously expen tmnsfer. General Marcy's able letter, in which he reviews the entire sive transportation thatis now necessary, fully $3,000,000, makin" iS,OOO,OOQ. Take, subject, found on page 145 of ·the report, gives the following tables for inst.·mce, the Red Cloud and Spotted Tail agenci~s. the two ~argest agencies on of appropriations for the Indians in 1848, when tho management was tho continent, I believe; it costs as much to haul the flolir from the point wheTe it in the War Department, !lnd 1875, unrler the present management: is landed on the Missouri to tho e agencies as it costs to purchase the flour. The distance of those agencies from the river is about three hundred miles, and they For co~tingent expenses :J:IId for f";~ling tre.'l>ty stipulations... . . • . $6, 851, 681 96 are in a poor country, whereas the corm try on the rinr h1 pretty good. In addi Pay of officers and clerks ill Comnuss10ner s Otlice...... 75, 520 00 tion to that, our Indian wru-s for the last twenty years have co t 120,000,000, O>er Pay of superintendenf4, inspectors, agents and their clerks...... 136, 000 00 $6,000,000 a year, and we are Just as sur~ to be afllicted a~ain with that enormous expenditure as we have been ill the past if we continuo the present system. There Total appropriation in 1875-'76...... • • .. • • • • • • .. .. • • • • • • • • • • 7, 063, 201 96 fore you may add ~·00 Now, Mr. Chairman, these heavy frauds have attracted to the Indian settled hostility to all the modes of civilized life. They are not in a ring all the shrewder rascals of our country. There is no combina condition to be civilized or christianized. They are governed by fear, tion that can be conceived by the wicked mind in which such L'U'ge they are restrained by power, and to them the military system is the profits can be obtained so safely. The tenure of office to such is not only pract;ical system, the only guarantee of safety nnd protection to of long duration. One thief m·owds out another, who, satisfied with smroundiug or advancing settlements. . a fortune, retires from the pursuit. And herein lies the great ad The second class may he called the reservation Indians. They fully vantage of a transfer to the War Department. The officer of the acknowledge the authority and power of the Government. They have United States Army holds his place for life on good behavior; he has tried war with the whites and they have utterly failed. They have a character to sustain, a reputation to defend; and all in the safe felt the power of the Government and the-y acknowledge the suprem keeping of his brother officers, .who regard the good name :mil glory acy of that. power. There is not the least disposition remaining to of t.heir profession of eno~gh importance to give to it the service of enter upon the war-path. '!'hey have gone upon the reservation set a life. apart for them, and the great body of them 1·emain there. They It is not true, as urged, that a disposition prevails on the part of are acquiring an attachment for a permanent home, are yielding to the Army to a bloody extermination of the Indians. All the instances the influences of civilization, and are slowly but surely adopting the evoked in fav-or of such argument have occurred after the thieving modes of civilized life. They need not the presence of power to over agentR have provoked and stimulated the war tho Army is called upon awe, but the ministers of peace to instruct them. to fight out. Such, sir, is the charadter of the Indians in Washington Territory. A war, we all know, means desolat.ion and death, and in this line There are in that Territory between thirteen and fourteen thousand our Army has been as efficient as it will be in the better peace policy, Indians, thirteen reservations, and seven Indian agents. when the officer acts as the civil official agent. · Before I call attention to the present condition of these tribes I Mr. Chairmen, I beg leave to remark in conclusion that an examina want to look at the past policy of the Government in Indian affairs. tion of the record shows that in December, 1868, a bill for the trans First we had what I ma.y caU the political system. Under this sys fer of the Indian Bureau to the War Department, reported by Mr. tem superintendents and agents were appointed, not for any supposed GARFIELD, after a careful investigation of the subject, passed this fitness they may have had for the service, not for any desire they were House hy a vote of 116 for to 3J against. supposed to have to ameliorate the condition of the Indians, but as a All the members of this House who were then members of Congress, reward forpolitical services. The position of Indian agent wassought, who voted at t.hat time-being Mr. BANKS, Mr. BLAINE, Mr. GARFIELD1 not for its legitimate salary, but for the opportunity given to plunder !\fr. WILLIAM D. KELLEY, Mr. LAWRENCE, and our Speaker, Mr. KERR the Indians and cheat the Government. Men have grown rich on the aU of these gentlemen voted for the bill then,except Mr. KERR, who, paltzy salary of $1,500 a year. Every-thing that one of these political I am authorized to say, is in favor of the passage of the bill now. agents touched turned to gold. It is needless to say that the system Again, Mr. Chairman, much bas been said by the gentleman from was dishonorable to the Government and demoralizing to the Indians. :\1assachnsetts [.!\Ir. SEELYE] in favor of the humane and careful man Understanding as I do their language, I have heard them complain agement of the Indian in the Interior Department comJ;>a~ed with his bitterly of their wrongs under the dominion of these political agents savage and murderous management by the Army. and to ridicule the assumed superiority of a civilization that tolerated Without stopping to argue this question, and as an unanswerable such gross injustice. The moral sense of the American people, and evidence of the present destructive and murderous management of especially of the religions portion, protested aga.inst this system of the Indians, I read from the census of the Indians in 1848 under the plunder and demoralization and broug-ht about a change; introduced War Department, when there were four hundred and eighteen thou what is known as the -religions system. · sand Indians.. In 1874 the census shows the total number of Indians Secondly, I wish to call attention to the elements and -practical to be three hundred and seventy-nine thousand, showin~ that the working of this system from actual observation. present management is not only robbing the Indians of tbeusnpplies, First. The agents are appointed through the nomination of the but destroying them rapidly, and that under the present manage different churches from their real fitness for the· work of the civ ment in '"" few years no vestige of the red man will be left upon the ilization and Christianization of the Indians. They are acquainted continent. · · with the character, habits, and mode of thought of the Indians. Above . One word as to the cruelty and low standard of the American sol an, they haYe a love tor· the work they undertake, and approach it dier charged in the speech of the honorable gentleman from Massa under a sense of religious duty, and impelled by moral considera chusetis. When that gentleman pictures the soldiers of our Army, as tions. he does, as wanting in morals and carriers of foul disease among the Secondly. They all speak the Indian language well. There is not Indians, it is certainly .a comfort to the old soldiers to know that the an agent in \Va.shington Territory who cannot address the Indians man who utters these statements has never been in and knows but in their native language. The intervention of an interpreter is not little of our Army, composed as it is of brave men, of whom every necessary. They are .thus much closer to the l\}dians . . Every one at American citizen has occasion to be proud, not only for its conduct all acquainted with this matter knows the value of this acquisition. in Indian wars but in every war in which the country bas ever been Thirdly. The great obstacle in the way of the civilization of the In engaged. Sir, it is riot •necessary for me to defend its honor, its dian is his religious belief. Before you _can commence the work you must morality, or its decency against any charges to the contrary made weaken, if not break, the power of his native teachers. This can be here or elsewhere. · done by association with the whites, but it is a slow process. The The honorable gentleman is mistaken when he jumps to the con more direct and effective mode is that of direct teaching. The relig clusion that soldiers are rude and cruel and low. Upon the contrary ious agent is eminently fitted for the work. His zeal is ever activo; they ru-e generally tender-hearted and generous men, whose blood is he knows the Indian's mode of reasoning; he addresses him in his ns freely given for the defense of the right as were the gent.leman's native tongue, and wins him to the better way. Let me Mk what words spoken in giving publicity to the American soldier's bad char fitness the officer of the Army bas for this necessary work f What acter, without 1·eason1 without cause, and contrary to the facts. disposition ha.S he to enter into it f There are about three thousand 1\Ir. Chairman, charges of cruelty and immorality against the men of Indians in my Territory completely under the power and control of our Army h~ve been most freely spoken here by gentlemen who would these JJ-ative teachers. They refuse to live on the reservations. Their do well to first study the character of the men of the Army before pries~ denounce the mode of life of the whites as impious, and these making such wholesale dennnciatioqs. The men of the West and bands wander over the Territory without any fixed abode. They are the South, and all men who have mingled with the :Army, know the threatened with everlasting banishment from the happy hunting charges are not true; while all men who have studied the question. grounds if they abandon the traditions a-nd customs of their ances have learned, as every man mnst learn who studies, that it is the In tors. Work is not only dishonorable, but it is absolutely impious. dian agent, and Indian tra~ers, and the Indian 1·ing who debauch I adduce this to show that the first great step in the civilization of - the Inilian women, steal from the Indian appropriations, and then stir the Indians is the breaking of the power and influence of their native up an Indian war to conceal their wickedness and fraud. teachers. Sir, I look upon this measure as the greatest reform proposed by Fourthly. It cannot be averred that these religions agents in Wash this House. The defeat of the bill will be a great misfortune both ington Territory have ever defrauded the Government out of a dollar. to the Indian and to the country. Its passa-ge cannot possibly make It has been a faithful and honest administration, and now what the management worse than it .now is, and will, I believe, make it has been the result T As an illustration I will take the Yakama what it shoultl be, firm, honnst, just, and kind. agency, where Rev. J. F. Wilbur is agent. He was appointed in 1864, Mr. JACOBS. Mr. Chairman, having lived for twenty-five years in and with the exception of about a year has been-agent ever since. Oregon and Washington Territory, having seen much of the Indians There are thirty-six hundred and fifty Indians belongin-g to the agency, in that portion of the American Union, having studied to some extent and all but about three hundred reside there. When Wilbur took their lauguage, habits, modes of thought and life, and having watched charge of this agenby the only property the Indians had was horses. attentively the policy of the Government toward them and its effects They now have fifteen thousand head, worth $195,000; three thou upon them, I may be pardoned for offering a few suggestions upon sand head of cattle, wortQ $15,000; a good :flouring-mill, a ~team this bill. . saw-mill, with shingle-machine attached; a carpenter and black-· First, then, there are two classes of Indians~ smith shops, all operated by Indians. The grain and vegetables pro First. Those who are in active hostility to the authority of the Gov duced by them the la.st year was sufficient to give every Indian on (;rument or are ever ready to enter upon the war-path. Some tribes the reservation twenty-six bushels of corn and oats, one bushel of veg belonging to this cla.ss have entered intO' treaty stipulations with the etables, and a ba,rrel and a half of flour. They have two schoohl .in Government, but the obligations of such stipulations have no restrain successful operation, and two Methodist churches, one of which h:ts ing control over the tribes. There is among this class of Inuiaus a a native pastor. The reservation has been surveyed aud the families 2576 CONGRESSIONAL RECORD-SENATE. APRIL 19, were fa-st settling on forty-acre lots, upon which substantial houses The SPEAKER prQ tempore. That is the understanding of the have been built. The sanitary condition of the tribe is excellent, and Chair. the births far exceed the deaths. I mention the last fact because the And then, on motion of Mr. RCALES, (at nineo'clock and fifty min- surest evidence of disease and tribal deca.y is the absence of children. utes p. m.,) the House adjourned. 4 What I have said of this agency is true of every other agency in the Territory-of the Catholic agencies, of the Presbyterian and Con gregational agencies. PETITIONS, ETC. Now, sir, these Indians are already self-sustaining, and under the The following memorials, petitions, and other papers were pre benign influence of these Christian agents are fast adopting the modes sented at the Clerk's desk under the rule, and referred as stated: of ci viii zed life and are moving slowly but surely up to a higher pbne By Mr. G. A. BAGLEY: The petition of Mrs. Mary Danahay, for a of civilization. · pension, to the Committee on Invalid Pensions. The chancre proposed in this bill will check if it does not entirely By Mr. BELL: The memorial. of H. P. Rolfe, relating to an appro nrre t this good work. I am not left to conjecture and speculation priation for expenses incurred and for services rendered in the matter as to the correctness of this declaration. This cpange has be on tried of the extradition of William Johnson, to the Committee on Appro before and abandoned, because it was a cold and cheerless negation priations. and was without beneficial results. FathAr.Wilbur and all of those By Mr. DAVY: The petition of S. P. Pitts, for compensation for a Christian acrents were removed in A. D. 1871, and military officers quantity of salt destroyed by British forces at Oswego, in May, 1814, snbstituted ~for them. The result is shown in a marked manner on to the Committee of Claims. this Yakama re e-rvation. The Indians abandoned their homes on the By Mr. HENDERSON: The petition of J. H. Paddleford and 72 reservation, let their houses, shops, and mills go to decay, left their other citizens of Cleveland, Dlinois, for the repeal of the resumption farm untilled, and drove their stock to the plains and mountains, act, to the Committee on Banking and Cturency. · and they did not return until Father Wilbur was restored. Also, the petition of S.M. Brown and 351 other citizens of Geneseo, The lo~s to the Indians was heavy. Their horses and cattle were Illinois, for the repeal of the resumption 'act, to t.he same ocmmittec. slnugbtered for food, the work of civilization entirely arrested, By l\fr. HEWITT, of New York: Memorial of the Society of Ruspicion and mistrust of the whites took the place of a confiding Friends, on behalf of the Indians, to the Committee on Indian Affairs. trnst in their agent, and for a time there was danger of another In By Mr. HOOKER: The petition of 2,967 citizens of l\lissi ippi, for dinn war. When Father Wilbur was restored the Indians came in the refunding of the cotton tax paid by them in the years 1865, 1866, from the plains and mountains with the remnant of their stock and 1867, and 18&:!, to the Committee of Wa~s and Means. settled down upon the reservation again. From that time to the By Mr. HOPKINS: The petition of Citizens of Pittsburgh, for the 11resent they have been making rapid advancement in civilized life; regulation of commerce and to prevent discriminations by common have fenced'lands, built houses, plowed and sowed fields, established carriers, to the Committee on Commerce. and sustained churches and schools, and now enjoy a large degree of By Mr .. HUNTON: The petition of P. H. Hooff, for compensation material prosperity. , for property taken by and furnished to United Stn.tes troops, to the A wonl or two for pioneers and border-men, and I am done. I know Committee on War Claims. . that there is a popn1'1r belief that there is a. settled hostility on the By Mr. JACOBS: Papers relating: to the establishment of a post part of the pioneer toward the Indian-that he values the Indian only route from Snohomish to Falls City, Washington Territory, to the for his scalp ; but, sir, this is a· great mistake. Every consideration Committee on the Post-Office and Post-Roads. of protection and safety to himself, his •family, and his property By Mr. LEAVENWORTH: The petition of Mrs. Charles 0. Roundy prompts Lim to live on friendly terms with the India.;~s. He. kn?ws and 250 other 1'1dies and gentlemen of Cayuga County, Ne)VYork, for tile Indian's mode of warfare, he knows that the lnd1an recogmzes the appointment of a collll1lission of inq niry concerning the alcoholic no non-combatants, but that he slays alike women and children as liquor traffic, to the Committee of Ways and Means. well as men. Under these circumstances it would be madness for By Mr. MAGOON: The petition of Allen R. Law and 38 other citi , Lim to provoke a contest tha.t would imperil the lives of his wife and zens o~ La Fayette County, Wisconsin, that the present duty on flax little ones and consign his property to the fia.mes. Whenever Indian seed and linseed-oil be maintained, to the Committee of Ways and wars have sprung from the wl'Ongful acts of white men those acts Means. were not perpetrated by pioneers, but by the parasites of civilization By Mr. MAISH: Memorial of John A. Rea, for the return to him coming in their wake. They were the individual a~ts of bad men of certain taxes paid to the Government, to the Committee of Claims. resented l.ly the Indians on their principles of justice, which were By Mr. ROBERTS: The petition of R. L. Thomas and 70 others, satisfied not by the punishment of the offender, but upon some other citizens of Cecil County, Maryland, for an appropriation for the im white man. But, sir, most Indian wars sprang from no indivjdual act provement of the Northeast River, and remonstrating against any of injustice perpetrated by the whites, but were· the result of matured suggestion that the opening of navigation can do any one harm, auq plans among the Indians to check the encroachment of the whites representing that the promotion of commerce will benefit all, to the into what they deemed their country, and to preserve to themselves Committee on Commerce. the domain of their fathers . By Mr. TUFTS: The petition of dealers and manufacturers of en .M.r. SCALES. I move the committee rise. . velopes at Davenport, Iowa, relative to the manufacture of envelopes, The motion wa.s agreed to. post.a.l cards, &c., by the Government, to the Committee on the Post The committee accordingly rose; and Mr. SAYLER having taken the Office and Post-Roads. chair as Speaker pro te~nporE, Mr. SPRINGER reported that the Com By Mr. VANCE, of North CaroliJ?a: Papers relatin~ to· the petition mittee of the Whole on the st.ate of the Union had, according to order, of Mrs. Kate L. Usher for a pensiOn, to the Committe~ on Invalid had under consideration the special order, a l.lill (H. R. No. 2677) to Pensions. tmnsfer the Office of Indian Affairs from the Interior to -fhe War De By Mr. WHITTHORNE: Memorial of J. H. Sims, for compensation partment, and had come to no resolution thereon. for property taken by United States troops, to the Committee on War Claims. ORDER OF BUSINESS. By Mr. .A. S. WILLIAMS: The petition of citizens of Detroit, :Michi Mr. VANCE, of Ohio. I '!ish to .ask the 9hair ":bether the order gan, importers and dealers in crockery, china, and glass ware, that a made this afternoon precludes the rntroductwn of bills' uniform rate of duty of 30 per cent. be levied upon these articles, ex The SPEAKER p1·o tempore. The understanding of the Chair at the clusive of packages, inland freight, shipping charges, and commis- time the recess was taken was that no other 'business would be trans ions, to the Committee of Wa.ys aud Means. acted this evening than the Indian bill, and be will so rule. By Mr. YOUNG: Tho petition of Mary .M:el\Iannamon, for the recon Mr. ·vANCE, of Ohio. I ask unanimous consent to introduce a bill sideration of her claim filed before the southern claims commission for reference . and rejected, to the Committee on War Claims. .Mr. COX. I do not like to interfere with the gentleman, but we must abide by the understanding of the House before the recess was taken. . The SPEAKER pro tempore. The Chair will rule that no other busi ness can be transacted to-night. Mr. RANDALL. Such was the understanding. Although it may IN.SENATE. not be a matter of record; nevertheless that was the agreement, that WEDNESDAY, April19, 1876; no other business should be transacted this evening. Therefore I think we ought not to put ourselves in any posit~on which is open to Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. criticism. 'fhe Journal of yesterday's proceedings was read and approved. :Mr. LORD. I rise to make a privileged report from the managers SALARY OF THE P.&ESIDENT-VETO MESSAGE. of the impeachment. Mr. RANDALL. I think I must object for the reason I have stated. The PRESIDENT pro tempore laid before the Senate the following The SPEAKER pro tempore. The Chair must refuse, under the un message from the President of the United States: derstanding as to the order of business for this evening, to entertain To the Senate of the United Statu: any other business than the bill for the tra.nsfer of the Indian Bureau. Herewith I return Senate bill No. 172, entitled "An act fixing the salary of the President of the United States." without my approval Mr. COX. I understand from the reporter that before the recess • I am constrained to this coUI'8e from a sense of duty to my successors in office, 1o the question was asked, and it was distinctly settled that no other myself., and to what is due to the di_gnity of the position of Chief Magistrate of ll business was to be transacted this evening. nation of more than forty millions of people.