900 CONGRESSIONAL RECORD-SENATE. APRIL 25,

Mr. ROOKER. I am not aware that it did, and if it did it did not the few days needed to secure a suitable location. We have taken affect it enough to make it successful. In my own district, when I care of hundreds of such people; we can take care of hundreds and was hundreds of miles away, I was elected by a majority of thousands thousands more; and we are willing to do so. We are entirely will­ against a man who came out in a secret circular and when I was not ing that these people should come; we want them to come; but we aware that I had any contestant. I desire to say that it was on that do not want them to come in such a way that the hands of our benev­ account that the vote of last year was different from the vote of for­ olence ancl philanthropy will be taxed beyond the possibility of pro­ mer years. But I am not to be driven by interrogatories of gentle­ viding for them. men from the charge I make upon you, that so far from being the Mr. HOOKER. Will the gentleman allow me to have read in re­ true friend of the colored man yQu have enacted in Northern States, ply to what he has just said a paragraph from one of the papers pub­ where you manumitted him, more onerous laws against him than lished in his State Y were ever enacted in the State of Mississippi. In Mas achusetts you Mr. HASKELL. The gentleman ha.cl read a few moments ago a would not allow him to vote because he mjght not be able to read. paragraph from a paper not published in my State. But that is all right in Massachusetts and all right in Maine. Mr. HOOKER. This is from a paper published in the gentleman's The trouble is you never had any use for the negro unless you could State. run him in the interest of the republican party. The moment you Mr. STEVENSON. As thehourof twelvee'clockisat handimove lost control of him, the moment the shackles of party were struck that the committee rise. . from him and he voted as he wanted to, then you had no further use The motion was agreed to. for him. In the capital of my own State, where were Federal judges The committee accordingly rose; and the Speaker having resumed and marshals, and armed men upon my own homestead, we carried the chair, Mr. BLACKBURN reported that the Committee of the Whole the ceanty of Hinds in 1875 by twenty-six hundred majority. And on the state of the Union had had under consideration the bill (H. R. now you say the colored man does not vote freely because he votes No. 2) making appropriations for the legislative, executive, and judi­ the democratic ticket. cial expenses of the Government for the fiscal year ending June 30, I say that this is all a simulation of interest in the negro. When the 1880, and for other purposes, and had come to no resolution thereon. distinguished gentleman on the other side of the Chamber, [Mr. GAR­ l\Ir. BLACKBURN. I move that the House do now adjourn. FIELD,] with magnificent and Jupiter-like nod, announced the senti­ The motion was agreed to, and accordingly (at eleven o'clock and ment that this was revolution, and when the distingui~hed gentle­ fifty-eight minutes a. m.) the House adjomned. man from Maine, whom I see sitting on this side of the House now, [Mr. FRYE,] reiterated the sentiment and talked about the destruo-­ tien of thousands of people ; when that sentiment was revamped by PETITIONS, ETC. the gentleman from Wisconsin, [.Mr. WILLIAMS,] I could hardly think The following petitions, &c., were presented at the Clerk's desk, that they themselves believed the statement that they made. Why, under the rule, and referred as stated: sir, we have sent our money to Georgia, Alabama, South Carolina, By Mr. BROWNE: The petition of 200 citizens of Wayne County, and all the other States to bring these colored people to Mississippi, Indiana, against granting any renewal of the Birdsell clover-huller Louisiana, and the more fertile lands of the Mississippi Valley. Now, patent-to the Committee on -Patents. will you be able to convince the people of the North that we have By Mr. DIBRELL : The petition of Henry B. Tyler, jr., :first lieu­ sent money for the pmpose of bringing these colored people to our tenant United . States l\farine Corps, that his name be placed on the States in order that we may have the delectable pleasure of killing rolls of the Marine Corps and Naval Register in the rank to which them f Even if we had not humanity, even if gentlemen forget he 'claims he is entitled by law-to the Committee on Naval Affairs. that we are their brethren of the same blood, even if they do not By l\Ir. DICKEY: The petition of T. Worthington, fora pension­ give us credit for anything of humanity or Christianity, in God's to the Committee on Invalid Pensions. name give us credit for some of the pocket virtue which is said to be By l\Ir. HENDERSON: Papers relating to·the claim of Sabin Trow­ possessed by people in certain regions of the country, and do not ac­ bridge, postmaster at Lee Centre, Illinois, for relief from loss of post­ cuse our people of investing money to bring negroes to our States for age-stamps stolen by burglars-to the Committee of Claims. the purpose of maltreating and killing them. By Mr. HURD: The petition of T. P. Bierly and others, for-an in­ When I heard the~e distinguished gentlemen speaking so positively crease of the pension of Charles Heath-to the Committee on Invalid upon this subject, with so much ardor, with so much wisdom, with so Pensions. · • much learning; as I saw their violent gestures, their earnest faces, I By Mr. McKINLEY: The pet;ition of W. C. Boffinger and 603 citi­ was reminded of what was said of a distinguished jurist in England zens of Ashland, Ohio, a.gainst the extension of the Birdsell clover­ on one occasion when he was delivering an opinion; A lawyer said huller patent-to the Committee on Patents. of him that be was a hypocrite; and when his neighbor asked him By Mr. MILES: Papers relating to the petition of John Tweedy, why he made that statement he replied that it was impossible that for relief from loss of postage-stamps stolen by burglars-to the Com­ any one man could be as wise as that man looked. So I think it is mittee of Claims. impossible for any set of men on the other side of t.he Chamber to By Mr. YOUNG, of Ohio: The petition of Vann & Adair, for the bold these views and be sincere and honest. payment of a debt due them from the Osage Nation of Indians-to I have two other letters here which I desire to embody in my re­ the Committee on Indian Affairs. marks. With reference to this particular measure I desire to say that By Mr. YOUNG, of Tennessee: The petition of George W. Payne & the gentleman from Michigan [Mr. BURROWS] asserted the doctrine Co., of Memphis, Tennessee, for an extension of a patent known as that it would be necessary to apply to the President to know what his the eclipse cotton-gin-to the Committee on Patents. views were upon certain questions. The doctrine has been asserted that it was revolutionary for this House to pass any bill unless we had the assurance that it would receive the sanction of the President. Has it come to this that we in this House, the majority, must go to IN SENATE. the Executive and say: "Will it please Your Excellency to approve FRIDAY, this bill Y If not, the democratic majority in the House will fold their April 25, 1879 .. arms a.nd be quiet." Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. Shall we let the dignified Senate say," May it please Your Excel­ The Journal of yesterday's proceedings was read and approved. Y If lency, will you approve this bill not, this Senate will fold its PETITIONS A1U> MEMORIALS. arms ia quiet." Shall it be said we are "starving the Government" because the majority in Congress choose to exercise their power f Mr. CONKLING. Mr. President, I present concurrent resolutions Who dares say what the President will do Y Let him take the respon­ of the senate and assembly of the State of New York, which I ask sibility of doing what he deems proper with the view of protecting maybe read. the Constitution and preventing hasty an,d inconsiderate le~islation; The PRESIDENT pro tempore. The resolutions will be reacl. but let it not be said that the hands of the majority in both Houses of The Secretary read as follows : Congress shall be tied and that action upon any measme shall be STATE OF NEW YORK, L'f SENATE, prevented simply because the Executive may choose not to approve · .Albany, April 9, 1879. Resolved, (if the assembly concur,) That the refusal by a partisan majority in Con­ it and because there may not be two-thirds in either branch to pass gress to appro~riatefor the support of the National Government thdmoneys raised the measure over his veto. by the people for that purpose, except upon condition of the repeal or amenclment [Here the hammer fell.] of existing laws, is a. dangerous violation of the Constitution, amounting practi­ cally to revolution, which should be at all times resisted by the·Executive by all Mr. HASKELL. Just one word of expl:m::i.tion; just one word by constitutional means, and especially in the present crisis, when an attempt is being way of refutation is all that I desire. My State has been alluded to made to prostrate just laws heretofore enacted for the protection and purity of the on this floor as hostile to colored immigration. I deny it. My State elective franchise, under threat of withholding the means for carrying on the Gov­ is not hostile to colored immigration; on the contrary, we welcome ernment which the Constitution enjoins. Resolved, (if the assembly concur,) That a copy of this resolution be sent to each such immigrants and will do our utmost to provide for them comfort­ Senator and Representative from this State in the Congress of the United States. able homes. But simply in the interest of humanity it is not deemed STATE OF NEW YORK, L'l SENATE, wise that hundreds and thousands of poor people, white or bla.ok, A.pn19, 1879. should be landed at any one point in my State or any other State, The foregoing resolutions were dnly passed. destitute and homeless, to depend entirely upon the charity of the By order: residents in that locality. JOHN W. VROOM.AN, Clerk. This is all that is meant by any letter which has bee:n written or lN ASSEMBLY, April 21, 1879. COllcurred in without amendments. any expression which has been made, merely that immigrants when By order of Assembly: they do come should come prepared to ta~e care of theip.selves for EDWARD M.. JOHNSON, Olerk. lt>'79. CONGRESSIONAL RECORD-SENATE. 901

The PRESIDENT p1·0 ternpore. What disposition does the Senator which was read twice by its title, and, with the accompanying papers, from New York desire shall be made of these resolutions. referred to the Committee on Claims. Mr. CONKLING. I move that they be printed and lie on the table. Mr. MORGAN asked, and by unanimous consent obtained, leave to The motion was agreed to. introduce a. bill (S. No. 501) to amend section 5440 of the Revised Mr. FERRY presented a concurrent resolution of the Legislature of Statutes; which was read twice by its title, and ref'!rred to the Com­ Michigan, in favor of the passage of a law by Congress authorizing mittee on the Judiciary. the building of a bridge across the Detroit River at or near Detroit, Mr. VOORHEES asked, and by unanimous consent obtained, lea.ve in that State; which was referreel to the Committee on Commerce. to introduce a joint resolutfon (S. R. No. 23) autherizing the purchase He also presented a joint resolution of the Legislature of Michigart, of the pictures known as the portraits of Webster and A.shburton, in favor of such legislation by Congress as willsecare due protection painted by Healy while the Ashburton treaty was being negotiated; to settlers under the homestead law in the counties of Oceana, Mason, which was read twice by its title, ::i.nd referred to the Committee on Charlevoix, and Emmet, in that State; which wa~ referred to the the Library. Committee on Public Lands. PAPERS WITHDRAWN AND REFERRED. Mr. CAMERON, of Pennsylvania, presented the petition of Jacob On motion of :Mr. GROVER, it wa.s S. Upp and others, citizens of Philadelphia, Pennsylvania, praying for the passage of a law repealing the stamp tax on matches; which file~~~lli~' ~!~~a!cf~~F!:r~ :~h~ac~~~i[~!;:1C~i~~~ms be taken from the was referred to the Committee on Finance. On motion of .Mr. MORGAN, it was Mr. TELLER presented the petition of Wolff & Brown, praying Ordered, That the petition and exhibits of Henry F. Lines be taken from the for the passage of a law granting them compensation for property files of the Senate and referred to the Committee on Claims. taken and appropriated to the use of the Government in Jefferson Ordered, That the papers in the case of Adilicia Cheatham be taken from the County, Colorado, in the year 1865; which was referred to the Com­ files .of the Senate and referred to the Committee on Claims. mittee on Claims. APPOINTMENT AND REl\:lOVAL OF SENATE E1\£PJ,OYES. Mr. JOHNSTON presented the petition of Sallie Yerger, Maggie J. Miller, and others, praying that their claim for compensation for The PRESIDENT pro tempore. If there are no" concurrent or other property taken by the Government in the late war be referred to the resolutions" to be offered, the next business in order is the resolution Court of Claims; which was referred to the Committee on the Judi­ offered by the Senator from Pennfllylvania [Mr.WALLACE] on the 17th ciary. instant to amend the standing order of the.• Senate in regard to the He also presented the petition of Alexander Donnon, of Petersburgh, appointment and removal of the employes of the Senate, tho pending Virginia, administrator of David Dunlap, deceased, praying for the question on which is the amendment offered by the Senator from passage of a law granting him compensation for certain property Vermont, [Mr. EDMUNDS,] to be added to the amendment offered by ta.ken by the Government during the late war; which was referred the Senator from Ohio, [Mr. PENDLETON,] which was adopted as an to the Committee on the Judiciary. addition to the original amendment of the Senator from Vermont, He also presented the petition of Mrs. Virginia Taylor, of Peters­ [Mr. EDMUNDS.] The amendment to the amendment will be re­ burgh, Virginia, executrix of Joseph Taylor, deceased, praying that ported. her claim for compensation for certain property taken by the Govern­ The CHIEF CLERIC It is proposed to add to tho amendment the ment during the late war be referred to the Court of Claims; which following : was referred to the Committee on the Judiciary. But no officer or employe. of the Senate who served in the forces of the United States in suppressing the late rebellion shall be removed except for cause stated He also presented the petition of David B. Tennant, of Petersburgh, in writing to the President of the Senate and approved by him rn writing. Virginia, praying for the passage of a law granting him compensation for certain property taken by the United States Government during The PRESIDENT pro tempore. On this qnestion the yeas and nays the late war; which was referred to the Committee on the Judiciary. have been ordered. · He also presented the petition of Watson McGill & Co., of Peters­ ·The Secretary proceeded to call the roll. burgh, Virginia, praying for the passage of a law granting them com­ Mr. HEREFORD, (when the name of Mr. DA.VIS, of West Virginia., pensation for certain property taken by the United States Government was called.) I desire to state that my colleague (Mr. DA VIS] is paired during the late war; which was referred to the Committee on the with the Senator from Minnesota, [Mr. WIXDOM.] If my colleague Judi~iary. were present, he would vote "nay." REPORTS OF COMMITTEES. Mr. EATON, (when his name was called.) I should like my friend from Massachusetts [Mr. DAWES] to tell me whether be regards me Mr. HARRIS. The select committee to investigate and report the as paired with his colleague, [Mr. HOAR.] best means of preventing the introduction and spread of epidemic Mr. DAWES. I supposed the pair with my colleague had been diseases, to which was referred the bill (S. No. 108) to prevent the transferred to the Senator from New Jersey, [Mr. McPHERSON.] introduction of contagious or infectious diseases into the. United Sta.tes, Mr. EATON. Then I vote "nay." instruct me to report a substitute for the bill. I desire to givo notice Mr. DAWES, (when :Mr. HOAR'S name was callec-1.) My colleague, that as soon as the Army appropriation bill is disposed of, if the sub­ [Mr. HoAR,] as I stated yesterday, is still necessarily absent from the stitute that I now report shall have been printed by that time, I !!hall city, aml is paired upon all political questions with the Senator from ask the Senate to proceed to the consideration of the bill that I now New Jersey, [Mr. McPHERSON.] If my colleague were present, he report. would vote "yea." . Mr. CONKLING. What is the bill' Mr. McMILLAN, (when Mr. WINDOM's name was called.) My col­ Mr. HARRIS. It is a bill clothing the National Board of Health league [Mr. WINDOM) is absent from the Senate and is p;.i.ired with with certain powers, and imposing upon it certain duties, lookiag to the Senator from West Virginia, [Mr. DAVIS.] If my colleague were a national quarantine. here, he would vote ''yea." BILLS INTRODUCED. The roll-call was concluded. Mr. SAUNDERS askecl, and by unanimous consent obtained, leave Mr. ALLISON. On political questions I am paired with the Sen:i.tor to introduce a bill (S. No. 494) to authorize the President to restore· from Maryland, [])fr. WHYTE.] This seems to take that turn, and I Charles Brewster to his former rank in the Army; which was read therefore refrain from voting. twice by its title, and referred to the Committee on Military Affairs. The result was announced-yeas 25, nays 31; as follows: Mr. KERNAN (by request) asked, and by unanimous consent ob­ YEAS-!:!5. tained, leave to introduce a bill (S. No. 495) to reinstate Thomas H. Anthony, Conkling, Kellogg, Plumb, Lawrence as third lieutenant in the United States Revenue .Marine; Bell, Dawes, Kirkwood, Rollins, a Burnside, Edmunds, Logai;i, Saunders, which was read twice by its title, and referred to the Committee on Cameron of Pa., Ferry, McMillan, Teller. Commerce. Cameron of Wis., Hill of Colorado, Morrill, Mr. WITHERS asked, and by unanimous consent obtained, leave Carpenter, Ingalls, Paddock, to introduce a bill (S. No. 496) providing for the examination and ad­ Chandler, Jones of Nev:i.da, Platt judication of pension claims; which .was read twice by its title, and NAYS-31. referred to the Committee on Pensions. Bailey, Grover, lfoDonald, Thurman, Beck, Harris, Maxey, Vance, Mr.WALLACE asked, and by unanimous consent obtained, leave to Butler, Hereford, Morp:an, Vest, introduce a bill (S. No. 497) grantj.ng a pension to J. Clint@n De Witt; Cockrell, Hill of Georgia., Pendleton, Voorhees, which was read twice by its title, and, with the papers on file relat­ Coke, Houston, Randolph, Walker, ing to the case, referred to the Committee on Pensions. Eatou, Johnston, Ransom. Wallace, Garland, Jonas, Saulsbury, Withers. Mr. EA.TON asked, and by unanimous consent obtained, leave to GQrdon, Kernan, Slater, introduce a bill (S. No.498) changing the time of holdingtheNovem­ ABSENT-20. ber term of the United States district court in the district of Connect­ Allison, Call, Hamlin, 1UcPherson, icut; which was read twice by its title, and referred to the Commit.- Bayard, Davis of Illinois, Hampton, Sharon, tee on the Judiciary. · Blaine, Davis of W. Va., Hoar, Wh:vte, Mr. ALLISON asked, and by unanimous consent obtained, leave to Booth, Farley, Jones of Florida, Willia.ms, introduce a. bill (S. No. 499) granting a pension to Lee R. Seaton; Bruce, Groome, Lamar, Windom. which was read twice by its title, and referred to the Committee on So the amendment to the amendment was rejected. Pensions. The PRESIDENT pro tempore. The question now is, shall the orig­ Mr. GROVER asked, and by unanimous consent obtained, leave in::i.l amendment offered by the Senator from Vermont [Mr. EDMUNDS] to introduce a bill (S. No. 500) for the relief of. W~am L. A.dams; as amended on the motion of the Senator from Ohio [Mr. PENDLETON] 902 CONGRESSIONAL RECORD-SENATE. APRIL 25, be substituted for the resolution offered by the Senator from Penn­ The Secretary read the amendment of Mr. CARPENTER. sylvania, [Mr. WALLACE .] On the amendment offered by the Sen­ The PRESIDENT pro tempore. ls the Senate ready for the ques­ ator from Vermont, the yeas and nays were ordered, and tho Chair tion 'f supposes that that order requires the yeas and nays to be taken on The Secretary called the roll. the whole substitute as it now stands. Mr. McMILLAN. My colleague [Mr. WINDOM] is absent, and is Mr. EDMUNDS. May I ask the Chair if I correctly understand paired with the Senator from West Virginia, [Mr. DAVIS.] If my the qaestion Y Do I understand the Chair to stalie that the question colleague were here, he would vote " yea." now is on agreeing to the original amendment that I had the honor Mr. HEREFORD. I desire to say that my colleague [Mr. DAVIS, to offer, as it was changed by the Senate on the motion of the Senator of West Virginia] is paired on this resolution and all the amend­ from Ohio, so as to substitute for the original resolution this matter ments to it with the Senator from Minnesota, [Mr. WINDOM.] If as it now stands T my colleague were here, he would vote "nay" on the pending ques­ The PRESIDENT pro tenipore. That the Chair understands to be tion. the question. The Secretary will call the roll. Mr. ALLISON. I will only repeat that I am paired with the Sena­ Mr. EDMUNDS. Perhaps the time of the Senate can be saved, if tor from .Maryland, [Mr. WHYTE.] If he were here, I should vote nobody desires the yeas and na~ s, by having the demand for the yeas "yea." and nays on this question withdrawn. There is practically now no Mr. DAWES. I desire to repeat the pair of my colleague, [Mr. difference whatever between the original resolution and the form in HOAR.] If he were here, he would vote ''yea" on this amendment. which the Senate has put the amendment. Therefore, if there be no The result was announced-yeas 26, nays 34; as follows: objection I will withdraw my request for the yeas and nays and ask YEAS-26. for the yeas and nays on adopting the resolution after this amend­ Anthony, Conkling, Jones of Nevada, Platt, ment is disposed of. Bell, Dawes, Kellogg, Plumb, The PRESIDENT pro tempore. Is there objection to withdrawing Burnside, Edmunds, Kirkwood, Rollins, the order for the yeas and nays 'f Cameron of Pa., Logan, Saunders, Cameron of Wis., ~. Mc~illan, Teller. Mr. CONKLING. I do not know that I shallobject, but I wish the Carpenter, Hill of Colorado, Morrill, Senator from Vermont for my benefit would state how this stands Chandler, Inga.Us, Paddock, now. I have lost the run of it a little. NA.YS-34. The PRESIDENT Jro tempore. The Senator from Vermont offered Bailey Garland, Kernan, Thurman, an amendment as a substitute for the original resolution. On the Bayard, Gordon, McDonald, Vance, Beck, Grover, Maxey, Vest motion of the Senator from Ohio additions were ma-de to the substi­ Butler, Harris, Morgan, Voorhees, tute offered by the Senator from Vermont. Now the question is, shall Call, Hereford, Pendleton, Walker, the amendment offered by the Senator from Vermont, as amended on Cockrell, Hill of Georgia, Randolph, Wallace, the motion of the Senator from Ohio, be substituted for the original Coke, Houston, Ransom, Withers. Eaton, Johnston, Saulsbury, resolution T On the original amendment offered by the Senator from Farley, Jonas, Slater, Vermont the yeas and nays were ordered. The Senator from Vermont now suggests that that order be rescinded. Is there objection to re­ A.BSENT-16. Allison, Davis of Illinois, Hoar, Sharon, scinding the order for the yeas and nays 'f The Chair hears none, and Blaine, Davis of West Va.., JonesofFlorida., Whyte, the order is rescinded. Booth, Groome, Lamar, Willia.ms, Mr. EDMUNDS. Mr. President, I will now state just how the ques­ Bruce, Hampton, McPherson, Windom. tion stands, so that the Senate can see which of the two propositions, So the amendment was rejected. if either, it desires to adopt. . The original resolution is in these words: The PRESIDENT pro tempore. The question is on the passage of .llesolved, That the standing order of the Senate regulating the appointment and the resolution as amended, on which the Senator from Vermont [Mr. removal of clerks and other employes of the Senate be, and it is hereby, amended by striking out of the same all after the word "respectively," in the third line, so EDMUNDS] demanded the yeas and nays, but there was no second. that the same shall read as follows : Does the Senator still wish the question taken by yeas and nays Y "Resolved, That the several officers and others in the departments of the Secretary Mr. EDMUNDS. Yes, sir; give us the yeas and nays. of the Senate and of the Sergeant-at-Arms shall be appointed and removed from The yeas and nays were ordered, and the Secretary proceeded to office by those officers respectively." call the roll. The pending amendment to that, as it is .now perfected (speaking Mr. HEREFORD, (when the name of Mr. DAvIS, of West Virginia, parliamentarily) by the vote of the Senate, is to strike out all after was called.) My colleague [Mr. DAVIS] is paired as I stated before, "Resolved," and insert these words: with the Senator from Minnesota, [Mr. WINDOM.] If my colleague That in the opinion of the Senate the correct and safe transaction of the busi­ were here, he would vote " yea." ness of the Senate is materially dependent on retaining in its service a corps of experiencerl, well-trained, and diligent otticers; and this can only be done by se­ The Secretary resumed and concluded the call of the roll. curity in their respective positioDS so long as they continue faithful in the dis­ Mr. McMILLAN. I desire to announce again that my colleague charge of their duties and acceptable to a. majority of the Senators. [Mr. WINDOM] is paired with the Senator from West Virginia, [Mr. And inasmuch as the appointment of the subordinates and the power of dismis­ DA VIS.] If my colleague were here, he would vote "nay." sal should remain with those officers respectively, who must be responsible for all the service committed to their charge : Therefore, Mr. ALLISON. I am paired, as before stated, with the Senator from Resolved, That the standing order of the Senate regulating the appointment and Maryland, [Mr. WHYTE.] If he were here, I would vote "nay." removal of clerks and other employes of the Senate be, and it is hereby, amended The result was announced-yeas 33, nays 26; as follows: by striking out of the same all after the word "respectively," in the third line, so YEAS-33. that the same shall read as follows : ".Resolved, That the several officers and others in the departments of the Secre­ Bailey, Grover, Lamar, Vance, tary of the Senate and of the Sergeant-at-Arms shall be appointed and removed Bee It, Harris, McDonald, Vest, from office by those officers respectively.'' Butler, Hereford, Maxey, Voorhees, Cal..t, Hill of Georgia, Morgan, Walker, The question is on agreeing to what I proposed with the addition Cockrell, Houston, Randolph, Wallace, that baa been made by the Senate, that they' not only be faithful, Coke, Johnston, Ransom, Withers. well-trained, and diligent, and are to have security in their respect­ Farley, Jonas, Saulsbury, Garland, Jones of Florida, Slater, ive positions so long as they continue in that way to discharge the Gordon, Kernan, Thurman, duties, but they are also to be "acceptable to a majority of the Sen­ ators." And inasmuch as the appointment of these subordinates and NA.YS-26. the power of dismissal ought to remain with those officers respect­ Anthony, Conkling, Jones of Nevada, Platt, Bell, Dawes, Kellogg, Plumb, ively, who must be responsible .for their services: Therefore, Re­ Burnside, Edmunds, KirkWood, Rollins, solved, That they be pat at their mercy. Cameron of Pa., Ferry, Logan, Saunders, I rather think I am in favor of it on the whole. Cameron of Wis., Hafillin, Mc.\fillan, Teller. Carpenter, Hill of Colorado, Morrill, The PRESIDENT pro tenipore. The question is on agreeing to the Chandler, Ingalls, Paddock, substitute as amended. The amendment, a-s amended, was agreed to. A.BSENT-17. .Allison, Davis of Illinois, Hoar, Williams, The PRESIDENT pro tenipa.re. The question now is, shall the res­ Bayard, Davis of W. Va., McPherson, Windom. olution as amended be adopted. Blaine, Eaton, Pendleton, Mr. EDMUNDS. I ask for the yeas and nays. Booth, Groome, Sharon, Mr. CARPENTER. I wish to offer an amendment. I move to add Bruce, Hampt:.on, Whyte, at the end of the resolution the following: So the resolution, as amended, wa-s agreed to. But no office or employment made vacant by the removal or dismissal of a. per­ PERSONAL EXPLANATION, son who served in the forces of the Union during the late war shall be filled or supplied by the appointment or employment of any person who served in the con­ :Mr. EATON. Mr. President, I a-sk for one moment the attention federate army at any time during said war. of the Senate to a matter somewhat personal. It is not often, in fact The PRESIDENT p1·0 tempore. The question is on the amendment never before perhaps, that I have taken any notice of what news­ of the Senator from Wisconsin. papers may have said with regard to my action; but manifest injus­ Afr. CARPENTER. On that I call for the yeas and nays. tice by a certain portion of the press is now being done to a distin­ The yeas and nays were ordered. · gnished citizen of the United States who is abroad, and likewise to Mr. PENDLETON. May I ask to have the amendment reported a committee of this body of which I have the honor to be chairman. again f It has been stated in several newspapers that the Committee on The PRESIDENT pro temp01·e. It will~e again read. Foreign Relations of which, as stated, "Mr. EATON, of Connecticut, 1879. CONGRESSIONAL RECORD-SENATE. 903

is chairman," have under investigation the amount of moneys, &c., I have referred. Our Army cannot, as the law now stands, ~ivo aid which have been expended by the United States in furthering the to a sheriff or other civil officer anywhere, for any_parpose whatever. voyages of a distinguished citizen, Geneial Grant, abroad. Indeed, as for any service the United States troops can render they I on1y desire to say here that I never have beard in my position as might as well be armed with Quaker guns, for no musket can be law­ a Senator or as a gentleman one word with regard to this 'matter; fully :fired, and each and every officer and soldier who trans:;resses and if there was any investigation of that or any other subject be­ in this regard is liable under this section-the modification of which fore the committee of which I am chairman it wou1d be known to the I ask-to a :fine "not exceeding $10,000 or imprisonment. not exceed­ Senate of the United States and to the country as early as to myself. ing two years, or by both such :fine and imprisonment." I quote the I felt it my duty to say this much not on my own account as much exact words of the statute. And so it has happened that at least one as on account of the distinguished citizen who is now abroad. of the most important interests of the whole country, which under ARMY APPROPRIATION BILL. the policy that had theretofore obtained of giving milita ry snpport to the civil authority when needed -for the protection of frout1cr in­ The Senate, as in Committee of the Whole, resumed the considera­ terests generally had developed into vast proportions, h a that region has been almost lost. At the last session of Congress I men were taken from a sheriff and lynched, and their bodies burned introduced a bill, substantially the same as this, which passed the while smipended from the tree which formed. their gallows. This Senate. It went to the House-I shall of course be permitted to speak was done in retaliation for an assault resulting in the murder by the of this because it relates entirely to the action, or rather the non-action, the parties afterward lynched of a sheriff who was about to arrest of the House of Representatives of a former Congress. I say it went these men for cattle-stealing. Our whole State was aroused. From ·to the House, and although there was no end o.f importunity, although every community came a demand for the apprehension and punish­ I myself went personally to many of those who control politically and ment of these men. otherwise the action of that House, and urged upon them its imme­ The feeling wa{'I more intense because at that time it was reported. diate consideration, and although there was abundant proof of the and believed that the victims of this violence had been first tortured existence of a semi-state of war, so to speak, along that frontier, by burning and then hung ; but the proofs afterward, as I am in­ showing that lives were being sacrificed and property stolen and de­ formed, satisfied the public mind that this was not true ; on the con­ stroyed, there seemed to be a political necessity to smother the bill, trary, that the burning was accidental, and occurred after the men and it did finally go down, buried deep beneath the dem·is of dead were dead. These offenders were finally arrested, but more than measures that fell with that Congress. once after their arrest were they in danger themselves of being I was moved to the introduction of that bill then by an appeal from lynched by the angry populace, and more than once was their ca.p­ citizens of my State, nearly all of whom are democrats, and quite all ture from the State authorities threatened by their Texas allies. But,. of whom are among the most wealthy and respected of our people. I sir, at length the majesty of the law has been vindicated; these men. submitted their communication, which related to the condition of have been tried, convicted, and sentenced. things on the"N ebraska frontier particularly, and to the peril in which Now, sir, it is my firm belief thn.t if the troops could have beeD vast interests of their own as well as of others were placed by the used on that frontier during the past year as formerly there would enforced non-action of the troops stationed there, to the General of have been no such crimes committed; and no such troubles, no such the Army, and he made answer thereto. I have this correspondence demoralization nor dishonor would have befallen our State. With here and will ask my good friend, the Senator from Wisconsin, who the usual .Army restraints in tho border country, the steps in th~ di­ sits by me [Mr. CAMERON] to kindly read it, as he is a better reader rection of disorder and lawlessness that led nata.rally up to these either than the Clerk or myself. grave offenses against the law could not have been taken. The spirit Mr. CAMERON, of Wisconsin, read as follows: of outlawry would long before have been stamped out, and ordor OMARA, DecemlJer 2, 1878. would have been everywhere maintained. My State, whose people DEAR Sm: We beg to call your attention to the present condition of Indian are essentially peace-loving and law-abiding, has suffered terribly affairs in the northern and western portions of our State. Within the last ten or from this condition of things. They who have principally made this fifteen days the agency Indians from Spotted Tail, and possibly from Red Cloud, camp have commenced depredations on the stock interests, and a.re stealing and trouble are not our citizens; they are the natural outlaws who hang running off the horses from the cattle ranges, and they have ah'eady taken quite a always upon the borders of tho Indian country and the cattle-herders large number of horses from various parties, and have also in some instances who have come into the great ranges in the extreme western part of killed cattle,.and several herders have been wounded. We are, as we believe, re­ the State from the southwestern border, whose life is nomadic, wh<> liably informed that demands have been made at the a~ency for stolen stock held by Indians, but they refused to surrender the same, ana unless this state of things reside permanently nowhere. And yet these infamies have been iB remedied at an ea.rly date it must lead to serious complications and ultimately to charged up against our whole State. Crimes and acts of lawlessness very great loss if not total destruction to our stock-raising interest, which iB fast in other States very many years older than Nebraska, possessing a becoming one of the most important interests of this State as well as of the West territorial area in ext0nt perhaps not one-third that embraced within generally. We would therefore suggest that it would be greatly to the interest of all this western country if the law prohibiting the military authorities from inter­ our State limits to guard, with courts everywhere accessible, in popa.­ fering with civil cases could be suspended, as we have a large district of very lous counties, have been attempted to be justified by cGmparison sparsely settled country occupied mainly by cattle interests, and throu~hout this with these outrages to which I have referred, committed by non­ portion of the country a.re scattered very many desperate characters wno prey on citizens hundreds of miles distant from our capital in an unorgan­ both whites and Indians and cause much disturbance, and the civil authorities are too weak or too remote to cope with them; hence the necessit-Y, of giving the ized country having :i. sparse population and contiguous to the great military authorities power to deal with them where civil authorities are not at Sioux Indian country which lies along all the northern and a part of hand, and we hope you will make an effort to have the law modified as indicated. the western border of the State. This will not do. Very truly yours, A State scarcely twelve years old, with a population of four hun­ W. A. SHARP. W. A. PAXTON. dred thousand distributed sparsely over seventy-five thousand square B. A. SHEIDLEY & BROS. miles of territory, seven-eighths of whom are engaged in agricultural JAMES CREIGHTON. pursuits, possessing six hundred churches, three thousand or more dis­ JOHN A. CREIGHTON. trict schools at which more than one hundred and twenty thousand COE & C.A..RTER. KOUNTZE, YA.TES & CO. children attend, with more than 2,000,000 invested in common-school Hon. A. s. p ADDOCK.. houses and school property; a State in which the sentiment of tem­ perance is so strong that a bill to prohibit the sale of all spirituoa.s HEADQUARTERS ARMY OF THE Ul\-YTED STATES, liquors lacked only one vote of its passage in its last Legislature; a. Washington, D. 0., December 12, 1878. State that gives anywhere from ten thousand to twenty thousand re­ MY DEAll. Sm.: I beg to acknowledge receipt from you of what amounts to ape­ tition to Congre11s to repeal the fifteenth section of the act of Congress approved publican majority, is not the natural abiding place of law-breakers June 18, 187e. I recognize the great importance of protecting and encouragmg the and desperadoes. The bare statement of these facts is a sufficient an­ growing and most valuable cattle interest in Nebraska; but with the most pro­ swer to the reflections from which we have suffered on account of these found respect for yonrself and for Congress, do not see bow soldiers can do impos­ border troubles, ancl for the· removal of which we demand a change sibilities with both.bands and feet tied. Should Indians or white desperadoes come into Nebraska. from the Indian country north, you make it a fine of 10,000 aiftl im· of this law enacted in the interest of politics elsewhere, as we think prisonment for two years if the soldiers help your sheriff. Now our officers do not without reason and without a due regard for the interests of the whole­ usually have $10,000 handy about them, nor do I feel disposed to advise them to country. Recollect that these border settlements of ours are the out­ spend a couple of years in your penitentiary by trying to belpyour sheriff to arrest posts along our common frontier. Beyond is the country belonging­ and pUili~h these horse and cattle thieves. On the other hand, in the Indian coun­ try the soldiers can only act on the application of the Indian agents, and these In­ to and occupied by the great Sioux nation, more than forty thousand dian agents think that your constituents steal the ponies and cattle of their Indians; strong. Millions of acres of the domain of the United States are there so we soldiers occupy a most unpleasant position, and I prefer to sign my name to to be settled and to be defended. the petition itself, for I sympathize sincerely and deeply with Messrs. Sharp, Creighton. and others who desire to add to the wealth and prosperity of our Bation; It is your duty and not ours to protect it, because it is an interest. but must frankly say that the law takes away from tbe Army the only legitimate common to all the people of the country. The westward wave of im­ way of helping them, by supplying the sherills of the border counties tke neces­ migration, representing in it.a constituent elements many States of the sary posse comitatus to make arrests. Union and many different foreign nationalities, moves onward un­ * * * With respect, ceasingly. It is estimated th~t at least one thousand souls every day­ W. T. SHERMAN, G-rneral. pass beyond the turbid waters of the Missouri up into the fertile val­ Hon. .A... s. p ADDOCK, leys, out upon the beautiful prairies and plateaus of Nebraska, seek­ United St.ates Senate, Washington, D. 0. ing homes upon her broad acres. The line of permanent settlement: Yr.PADDOCK. This correspondence was presented to the Senate; is each day advancing, and very soon the frontier itself will have dW- 1879. c ·oNGRESSIONAL RECORD-SENATE. 905 appeared from us and from you all forever. So that in helping us you nary incentives of ambition do not exist, and the manliest of manly are helping your own people everywhere as well. Considering these qualities are demanded in the personnel of the army so employed. things, I have no patience with this political strategizing which, under This service has shown our Army to possess in a greater degree than a false pretense of protecting the liberties of the people, pla-ces the any other on the face of the earth these very qualities. Such an most important interests of my section in jeopardy. army cannot be made a partisan auxiliary. In its constitution it is Mr. President, our friends in the South tell us that they do not essentially non-partisan, and necessarily so, because in it.a composi­ want the Federal soldiers in their States. They are not needed there. tion all parties are represented. It cannot be used for oppression, or­ They are dangerous. They may be used to interfere with elections, tbe abridgment of the constitutional rights and privileges of citi­ and through such interference somebody may be deprived of his Gocl­ zens anywhere at the behest of any party or cabal, because the Army given right to vote. It is very commendable for the people of our understands full well that under our system such an abuse of power­ country, in whatever State or section they reside, to be jealous and in the interest of any party temporarily controlling the Government watchful of any method or effort threatening this great privilege. would bring upon it swiftly and surely the same condemnation which Indeed, it is one of the first duties of citizenship to guard it with would befall the party itself in whose interest it should thus act, :i.nd religious care, to the end that no citizen, however humble, may have that its speedy destruction through legislation by the representatives occasion to complain of its abridgment. But, sir, permit me to say I of the people would be inevitable. The Army is eminently conserva­ do not believe this sacred boon has been in the smallest degree inter­ tive, and this conservatism in times of great excitement is a: restrain­ fered with by the Federal troops anywhere, at any time, except when ing influence both upon its own action and upon that of the civil power. rebellion was abroad in the land. Undoubtedly there have been Moreover, it is absurd to assume that any political party would be suf­ times when the presence of Federal soldiers in the vicinage, operating ficiently fool-hardy to attempt at any time anywhere to employ the only as a moral support, would have assisted in securing a pure elec­ Army against a pure ballot. The people are sovereign in this coun­ tion; whereas without such restraining influence there could be no try; and the sovereign is not only intelligent and patriotic, but just, election at all, because an actual majority at the polls through intim­ and jealous above all things of military intervention in civil affairs: idation refrained altogether from exercising thiRinestimableright of We have inherited a prejudice in this regard which will last so long citizenship. Our southern friends certainly, in these days of peace as the Republic shall stand. No party can afford, no party dare, and pacification, would not object to the use of troops for such a pur­ make up a record to submit to the people seeking justification and pose provided that no other power is able and willing to afford pro­ indorsement for the use of onr Army to curtail in the least degree tection to the citizen who seeks to express his political opinions any constitutional right or privilege of a faithful citizen of the United through the ballot-box by his vote for a member of the National States. On the other hand, sir, no political party can live long in Legislature? this country after the great masses of the people come to understand At all events let us hope that those of our friends here who so ve­ that these same rights and privileges of citizenship are being tram­ hemently protest against the Army in the interest of a pure election pled in the dust, because the laws that party bas caused to be en­ will always hereafter, if they may not have heretofore, demand for acted preclude the use even of the Army itself when it may happen a certain class of voters who in large numbers dwell among them, and to be the only instrumentality wherewith these rights can be pro­ yet do never complain of these laws, nor of the presence of the sol­ tected. diers of the Union, but for some reason do not vote, the same immu­ But, Mr. President, there are other piatters to be co:i;isidered here. nity in respect of the use at elections of armed men under local author­ The people of the great North do not forget that only a few years ity as our fr:ends demand for themselves in respect of the use of the since, without reason, without cause, the people of another great sec­ national forces on. such occasions. And as an assurance in that direc­ tion of the Union sought its overthrow. That section, through the tion, I urge them to support the amendment offered by the distin­ powerful party that represented it, had control then of this branch of guished Senator from Maine. We have no fear of the soldier in our the National Legislature. The peculiar views of its people were held State. We respec~ and love and give our fullest confidence to the by a majority of the Supreme Court of the United States, so that no Army of the United States. A nobler, a more gallent set of men legislation trenching upon their rights within their own States would does not live in or out of uniform anywhere on God's green earth. be possible. Moreover, they were assured by the platforms of the We can never forget the great service they have rendered us in de­ successful party, by the frank and positive declarations of Mr. Lin­ fense of our exposed border. We know the hardships they have coln and those chosen to aid him in his administration of the Govern­ endured, the sacrifices they have made, the dangers they have braved ment, that every State of that section should have as full and complete­ in that most trying, most laborious, most important service. 1\Iany protection as the other States in the Union, as to life, liberty, and instances of heroism, of unparalleled endurance, of suffering and death property; bat nothing would satisfy them. They retired from the on the frontier by the brave soldiers of the regular Army are fresh in benches of the highest courts of the land; they withdrew from the­ oar memory, and will there remain so long as we live. haills of tho National Legislature; they left their pla.ces at the beads. I do well remember, sir, that every house in our State wa-s a house of brigades, regiments, battalions, and companies of the Army, for­ of mourning a few years since when the sad intelligence reached us which honorable service they had been educated at the expense of that five or six- companies of cavalry-the very flower of the Army the whole nation; they went back to their States and organized a. of the United States-commanded by the gallant Custer, bad been government within the jurisdiction and in defiance of the authority utterly annihilated ~n an encounter with the fierce and barbarous of the United States, and behind that government they gathered Sioux. These brave soldiers, ca.rrying with them the flag and bearing great armies for the destruction of the Union. More than this : they the great name of our country, went to that distant frontier to at­ seized the forts and arsenals and the munitions of war at the military tempt there, after all peaceful means long employed had failed, to and naval stations in the South, to which they had been carefully dis­ establish the authority of the Government, which had hitherto been tributed by a democratic administration; they seized the custom­ set at defiance by the sa.vages who did maraud and murder, and for houses and mints and post-offices and the moneys and properties of many years had held undisputed sway throughout that vast region the United States found therein, and with all these they made war­ of country. upon and undertook to overthrow oar Government. More even than This little band, under the leadership of their intrepid commander,· this: whatever there was of our little Army and Navy bad been scat­ after a long and most fatiguing march, suddenly rode into the very tered to remote stations whence they could not readily be gathered "jaws of death "-into the very gates of an Indian hell. Of all who together for the immediate defense of the Union against the impend­ followed the immortal Custer in that memorable charge not one re­ ing blow, and as a proper climax for all they had so managetl. the- mained to tell the story of their gallant deeds and of their untimely 1inances of the Government that there was not a dollar left in the death. Not one of all was left to bear for his comrades the last words Trea-sury, nor any credit upon which to rely for loans for its suppport­ of affection, t.be la-st sad token of remembrance to their families and and its protection in that hour of trial and danger. friends. All we do certainly know, sir, is that they bravely died in And now the people who saved the Union see within fifteen years. the service of their country, and that tteir mutilated bodies were from the close of that memorable struggle, the cost of which in blood buried, all in one common grave, in that far-off wilderness, remote and treasure was so enormous that no figures are equal to its measure­ from their homes, their kindred, their friends. But, Mr. President, I ment, that they who la.bored and suffered and made such sacrifices a-s must not indulge myself nor consume the time of the Senate in ex­ men rarely ever before had done, to destroy the Republic, are in un­ pressions of sorrow for the brave unfortunates who fell atthatTher­ disputed possession of both branches of its National Legislature, with mopylre. There have indeed, sir, been many military events in our the nation's purse and the nation's sword under their control. They history of vastly greater importance than this in respect of the num­ see that only they who were among the most conspicuous of thcir­ bers engaged, thES remarkable character of the combinations formed, leaders in the cabinet and in the field are thought to be fit a.ntl quali­ the skillful movement of forces, and the great a-cbievements resulting fied for seats in these halls. They hear their advent to power signal­ therefrom, but there has been none which, from the painful nature of ized by declarations from some of these former leaders in rebeJlion, the service rendered and the. terrible catastrophe which marked its these representatives of southern sentiment, that all the measures of· termination, will live longer in the memory of the people of this coun­ protection and safety made necessary by the acts of the southern peo-­ try. ple, for whom here they do stand, are to be blotted out, and, natur­ It is easy for an army ro be faithful, ~allant, and brave in a great ally enough, they who fought for the Union are now a little suspi­ war like that against the recent rebellion, when the eyes of all the cious that this new-born zeal for anti-military legislation on the part world are upon it and the rewards for great achievements are always of those who fought against the Union does not mean what is pre­ ready, but in this frontier service, where glory awaits not the tedious tended, the placing of additional restrictions upon the use of the­ daily routine of guard duty, nor the march to death at the hands of Army because loyal citizenship is anywh~re in peril,_bnt becau~~ these skulking savages, and in which promotions are necessarily slow, (it laws are in the way of party, and possibly of sectional amb1t1-0n~­ ia proposed by this bill that they shall be utterly refused,) the ordi- in the way of certain theories of State rights and State power, which. 906 CONGRESSIONAL RECORD-SENATE. APRIL 25,

.once brought the nation nigh unto death, theories yet cherished byonr Senate to a portion of section 9. I would not venture to do this if friends of the South, who only a little time ago imperiled all in assert­ it was at all political; but as it is not, I venture to make a sngges­ ing and defending them, and which, whatever they may now think, tion to the Senator who ha.A charge of the bill, ~hat a distinction i 11 re­ whatever they may now say, it is not in human nature for them so gard to promotions has been provided fm~ in this section which l think soon to surrender. And I tell them in all kindness they are commit­ unwise and unjust, and I feel that. he will appreciate the objt>ction. ting a grievous blunder; it is too soon for them to undertake these I am bound to assume that this distinction bas crept in without clue things, it is too soon for them to employ such methods as in this ses­ consideration, and that it will be the pleasure of a majority of the sion have been adopted by them. Loyal people nowhere in this Senate to see that it is removed. country are alarmed about our insignificant little Army, nor about I refer to that portion of the section which forbids promotions or these laws, but they are alarmed by this exhibition of a determina­ appointments in the Army above the rank of captain, except in the tion here, throagh these unfortunate methods, to force the repeal of Corps of Engineers. I can very well see whytbecurnmitteeor wbyCou­ these acts. • gress might desire to limit promotions to vacancies occurring l>elo\v Mr. President, there has been no end of references here to Roman, the rank of captain; but I cannot at all see why that limit !!hould to English, and other history to prove that a great peril hangs over not apply as well to the Corps of Engineers as to any other porLion us-a new-born danger threatens our institutions from the presence of the Army. My idea of an army has been an organization created :upon our statute-books of these laws, even if they shall only remain for the purpose of :fighting; and as incident to that, for the purpose for .a few months longer; and this although for many yea.rs they have of aiding it in developing the :fighting functions, there are certain been there, and the Republic has endured, growing stronger each staff departments; but the essential part of an army after all h! that year, and although so far as the execution of these laws has gone it portion which does the field duty. It is the part that we ha.ve the has been for the sole purpose of giving protection to life and prop­ hardest work to get into the service. It is the only part, so for as I erty, altogether in the interest of pure elections, and to enable citizen­ know, that ever required a draft to be resorted to to raise it. Nobody .ship everywhere to assert itself, to be supreme in its sphere in respect ever beard of an engineer, or a qua.rtermaster, or a commissary, or a of the rights and privileges thereunto belonging. No precedent, no au­ paymaster, or a surgeon having to be drafted. In fact those branches thority has been cited by our friends on the other side which is in the of the Army take care of themselves by· free and voluntary enlist­ .slightest degree applicable to our situation. Recollect, sir, we are ment. There has always been, I think, also fairly, a struggle to get not called upon to cast out these statutes because anybody has been into those positions. But when we wanted men to serve in the ranks -0ppressed, but at the imperious demand of a powerful majority here, where fighting duty was to be done, they sometimes have had to be made up largely of those who only a little time since sought to cast got by other processes than volunteering. It is that part of the Army -0ut the very Constitution itself, and who now, sir, in contravention which we ought, as I think, to take the best caro of; it ought. to be both of the letter and the spirit of that charter of our liberties, at the best paid; it ought to have the best chance of promotion; it de­ the commencement of a session, when there is abundant time to de­ serves the grateful consideration of the people of the United States. liberate, make their repeal a condition of voting the supplies for the This is not 11lone true of the Army a-s it was during the war, it is maintenance of Government at all under that Constitution. When equally true of the Army as it is now. our friends will find a parallel for this case anywhere in the history of There are about twelve or fifteen thousand men guarding a double ancient or modern times-remembering what wa.s very recently done line of frontier some four or five thousand miles long. They are the or attempted to be done in this country, with all of which most of sole barrier against the incursions of Indians along that lLne. They those who now make this demand were intimately connected, and are the protection of the mining aud agricultural settlements anc.l. of considering their present exalted relationship by its generous con­ the cattle ranches, and of all that diversity of intere::it which is grow­ .sent to the very Government which within a space of time so short ing up a.long that extended line. They are not in sufficient force to that it counts not more than a day in history they labored to destroy­ protect them as well a-s they might or a-s well as they deserve to be it will be time enough to talk of Roman and of English precedents protected; but whatever of protection they have to-day grows out to justify this legislation on behalf of our institutions which we are of the fact that the fighting part of the Army is encamped along that told are thus imperiled. line. Mr. President, I very much dislike to say these things. There is I know something by observation of that section of country. The no Senator on the other side of this Cham her toward w horn I do not line on the map as it is shown conveys no iclea of its nctual extent .entertain the warmest sentiments of personal regard. I hn.ve as a or of the hardships involved in its protection. The men who have rule refrained from political discussion here, but I have thought it marched and fought, who have been vigilant in season and out of to be my duty at this time to speak frankly and freely the words season daring the la.~t four or five years iu the protection of that that the great majority of my constituency are now thinking and frontier, deserve as well of their country as any class of men ever did . .speaking at home about these very matters, and this I have sought Not only have they to protect this frontier against the Inc.l.i::i.us, but to do with moderation and courtesy, bat plainly and positively. they are the protection to-day of that magnificent empire known as . Mr. President, there have been soldiers near the city of Omaha and the State of Texas from the incarRions of hostile persom.i fur tile pur­ .at other points in our State at every election for ten or fifteen years. pose of robbery aud murder and rapioe from the Mexican sit.le. No one ever heard of a voter being intimidated there. Bot, sir, if This is the class of persons, this is the part of the Army that is to our native-born citizens, or if the Germans or Irish or Scandinavians, be cut out from promotion. They are to have no increased pay grow­ -0f which foreign nationalities there are many in that city and State, ing oat of their dangerous service. They are to have no increased should either of them take up arms to prevent either of the other rank by reason of any casualty. Under no circumstances whatever nationalities from voting at an election for members of Congress, or can they have any promotion. Bot an exception is 1n:1de which brio: gs if either or all of them combined should turn out to intimidate the out more strongly the injustice of that by excepting that brnnch of three or four hundred negro voters there from casting their honest the Army which is practically to-day the c•vil branch of tb.tl Army. ballots at such an election, there is not a citizen of that State of any if I may use the term. What are the duties of the engineer¥ I party who would not thank God for the presence of United States would not say a word against that branch of the Army in any way, troops and for a law governing their movement that would permit. either a-s individuals or as a corps; but the duties of that corps to-day their use in protecting the weaker against the stronger class of voters, are purely civil. There is not only no necessity for increasing the when no other force could be commanded to perform such duty; and Corps of Engineers, but there is no necessity for incren.siug their no man of any sense in that State would be afraid of the abuse of rank or increasing their pay. R!tnk, as it is ordinarily understood, such a law. They who mean to do exactly right themselves in these .is created primarily for the purpose of command. Such a thing as a matters need have no fear of the United States soldiery. command is not known in the Engineer Corps, and never has been, · There are no people in our State, as I believe, who have any dread of and never will be, because there is nobody to command, in the ordi­ their presence or of the laws as they have stood for m:i.ny years, except nary sense of that term. Consequently rank is to be given under this the outlaw on the border hundreds of miles away from our main bill or fa permitted to be continued in that portion of the Army where .settlements. It is only the outlaw and the Indian in the neighbor­ rank is not needed, and in that portion of the Army, as I said, which hood of our distant frontier communities whom we fear, and we do bas now devolved on it solely civil functions. insist that no such restrictive measures as this which I seek to amend, But this is not only a discrimination against the men who do the -0r as those that our democratic friends are now urging, shall be forced fighting, but it is a discrimination against the other staff corps. The upon us whose Htates and Territories border upon tho Indian coun­ paymasters and the quartermasters and the commissaries, a large try. In the interest of pea{!e, for the enforcement of the laws, for the portion of them; do field duty. They on occasions take the musket protect.ion of life and property, for the purpose of insuring to every as officers are required to do on that frontier service, where one m im -0itizen of every nationality, whatever may be his religious faith, has to do the duty of three in watching and in marching ancl in whatever his political opinions, whatever the color of his skin, what­ fighting. The quartermasters and the commissaries and the paymas­ ever his occupation, whether he be rich or poor, high or low, citizen ters frequently take the musket also and go into the ran1>s au

ons duty; they are a long way off; they have not the ear of power; him how it is that this being an Army appropriation bill, its provis­ they feel under any circumstances the most favorable as though to ions are applied to the Navy as well as to the Army 'l m~tion which is proposed; that Mr. LOGAN. No, sir; I did not assume ignorance on the part of

•, 908 CONGRESSIONAL RECORD-SENATE. APRIL 25~

utes of 1878, in the act of June 18, 1878, founditswayintoanappro­ bills, by some outside friend very kindly offering an amendment that priation bill. What does it do T Under the law organizing the Army is precisely to fit some peculiar case. If the Sen 1 ~or knows who of the United States, the officers are allowed :in increa~e of pay ac­ drafted this section, I shall be glad to hear him state. cording to the time they have served in the Army, so much percent. Mr. WITHERS. So far as my opinion in concerned, if I were awartl­ increa~e for every five years of service. That increase continues up of the author of the section, I do not think it would be necessary for only until it shall reach 40 per cent. of the regular salary. That is me to state it. The provision is in tlie bill as it came from the House,. the law. Now, instead of providing that it shall stop at 40 per cent., and has been repol'ted back by the Appropriations Committee of the you, by inference at least, repeal that part of the statute which pro­ Senate without amendment. vides that the time shall be computed in that way, and allow them to Mr. LOGAN. But is it not in this bill as it was in the last bill 7 receive pay irrespective of cutting it off at 40 per cent. 1\lr. WITHERS. It is in this bill as it came from t he House. I have noticed sections of this kind sometimes before slipped into :Mr. LOGAN. I beg the Senator's pardon. If be will make an ex­ bills. To-day a colonel in the regular Army draws not only his amination he will probably find some little differences. salary, but if he has served many years in the Army, either n.s a pri­ Mr. WITHERS. The Senator might, perhaps, without doing any vate. or an officer, his salary is increased 10 per cent. for every five violence to his imagination, suppose that the committee had.ex­ years of service until that increase shall amount to 40 per cent. of his amined the bill. They have reported the bill as it ca.me to the Senate­ regular salary, and there it stops. But here you provide, without any from the House, without amendment. stopping whatever, that it shall be computed according to all the time Mr. LOGAN. I see that. That is very evident. We all know that. . that he has served in the Army: so that when a party bas served 'l. Mr. WITHERS. I am glad that we agree on one point. sufficient number of years you double his salary instead of stopping Mr. LOGAN. I will now call attention to another portion of this. at 40 per cent. increase. particular section : If the committee intended that, we understand them; if that is .And that no officer below the .rank of major shall be transferred to the retired what it means, let us know it. You not only give a longevity pay list, except upon the r eport of a. duly constituted bo!ll'd of officers, to the effect under this act paying 40 per cent. of the salary, but then under this that such offic~ris no longer fit for active service. section you give longevity, it is no matter how much; it may amount I suppose the meaning of that is that no officer below the rank of to 100 per cent. That is your proposition precisely. If that is what major shall be put on the retired list except on the order of a board the committee meant, very well; that is what the law means if this duly constituted deciding and declaring that he is uo longer fit for­ shall be enacted into law. active service. What does that mean Why should not that apply Mr. WITHERS. That is not what the committee mea,nt, and that to all officers of the Army if it is a good thing T Why should a cap­ is not what the section under consideration means. · tain or an officer of less rank than a colonel or brigadier-general be Mr. LOGAN. Well, if thn.t is not what the committee mea,nt, the placed upon a different basis, so far a retirement from the Army is. committee bad bet+-er change the language of that section. concerned, than others ~ Why shou\d a. major or a captain be re­ Mr. WITHERS. No doubt the suggestion is very judicious in the quired to be declared unfit for active service when any one ahove­ opinion of tlle Senator; but the committee think ditterently, unfor­ that rank may be retired, after he arrives at a certain age, by order tunately, and adhere to the language in its present form. It might of the President ~ Why is this distinction made that an officer of possibly occur to the Senator, if he examined the question with the the rank of colonel may apply to be retired because of length of serv­ usual acumen which he devotes to such investigations, that the ::tct­ ice in the Army, and may be retired by order of the President, bnt ual time of service in the Army or N a.vy-is a different provision from if he is below the rank of major he is not entitled to that retirement f the one ·he quotes, which says nothing about service in the Navy. I should like to know why this distinction is made. If my honorable There are officers in the Army who have also served in the Navy friend from Virginia will state, I will give way for him .to explain. during the time of their service. Under the provision of the general Mr. WITHERS. I would profer that the Senator make his criti­ Jaw heretofore quoted by the Senator, their time of service in the cisms upon the whole section, and t~en I will endeavor to giv~ him Navy cannot be computed in fixing the amount of their pay in the information. Conversational debate is interminable. Army; and this is simply designed to give them credit for their Mr. LOGAN. The reason I ask the information n.s I go along is service in the Navy in computing pay, just as well as :for their serv­ because I actually wish to know. The language in this section is. ice in the Army. surprising to me; I may be mistaken, and I should like very much In reference to the other of the criticisms of the Senn.tor, that this to hear the explanation from the Senator from Virginia.. Aud furthe:r­ is a virtual abolition of the provision restricting longevity pay, I will this section provides: say that it is not designed, nor is it susceptible fairly of any such .And that :my officer herM.fter retired by reason of wounds­ construction. It only prescribes the mode in which that pay shall be computed, of course subject to the provisions of the genoral law Mark the language that I sh:i.ll now read- as to the 40 per cent., but they can compute the length of service in And that any officer hereafter retired by reason of wounds received in action shall be retired upon the highest rank, exclusive of brevet rank, actually held by such the Navy as well as in the Army to an officer now iu the Army. officer in the regular or volunteer service before retirement. Mr. LOGAN. Now, in order that we may fairly understand e!Wh other, I will read the law in reference to longevity in the Army. I Let us see what that means. That men.us this, if I can understand quote from the Revised Statutes: tha.English language: a gentleman holding the rank of capt ain in SEC. 1262. There shall be allowed and paicl to each commissioned officer below the Army to-day, who held the rank of major-general in the volnn­ the rank of brigadier-general, including chnp!.alns and others having assimilated teer service and wn..<> wounded in that service, no matter whether rank or pay, 10 per cent. of their current yearly pay for each term of five years of wounded as a major-general, as a private, or as a subaltern officer, is service. now to be retired on the rank of major-general. That is the meaning· SEC. 1263. The total amount of such increase for length of service shall in no of that particuln.r provision, is it not T I here o.ssert that in all the case exceed 40 per cent. on the yearly pay of the grade :i,s provided by law. laws that h:we ever been enacted in England, in America, in Prussia,. },ollowing these provisions in the Revised Statutes, in 1878, on the or i~ any country where armies are organized, such a provision has. appropriation bill for the Army, Congress provided: never found its way into a law regulating an army before. At least if That on and after the passage of this act, all officers of the Army of the United it has, it bas escaped my examination. No such law has ever exiskd States who have served as officers in the yolunteer forces during the war of the rebellion or as enlisted men in the armies of the United States, regular or volun­ from the organization of this Government down to the present time­ teer sball be and are hereby, credited with the full time they may have served as in reference to the retirement of officers of the Army. There wa.s a . such officers kid as such enlisted men in computing their service for longevity pay clause inserted in the Army bill :.1.pprovecl July 28, 1 66, to this effect: and retirement. Officers of the regular Army. entitled to be retired on account of disability occa­ And in this bill, following that, you pro\ide that the full length of sioned b.v wounds received in battle, may be retired upon the full rank of the com­ time shall be allowed n.ll officers of the Army and Navy in computing mand held by them, whether in the r egular or volunteer service 'l.t the time such their pay. Now, if all the time is allowed, if you allow all the time wounds were received. they have served in the Army in computing their pa.y, then I ask That was the language of an amendment moved by Senator where is the restriction T In the statute as it stand!:! the time is only Fessenden, of Maine, and inserted in an appropriation bill in July, allowed up to 40 per cent. at 10 per cent. for every five years, but in 1866, in that parti9ular section of the law. Quite a number of offi­ this bill yon allow all the time, so that there is no restriction of time cers applied for retirement, and some officers outside wanted to be­ of service at all and the time of service may in computation increase retired with the rank of their command. There has been no such the allowance up to 100 per cent. or an amount equal to the saJary of thing known in the Army as rank of command. The ''rank" applies the officer in addition to his regular pay. '£hat is your provision, and to the person. He is a major-general, a brigadier-general, ~ lieuten­ that is the meaning of it. No other construction can be given to it ant-general, or a general. The rank is to himself, and not to bis. in my judgment other than that which I have given. command. This law waa found to be so contrary to every rule that I do not believe that this committee intended any such thing; and had ever been known in the regulation of armies that a few years ago. that is the reason why I said I feared that they had not probably it was repealed by an act of Congress. I did not wish to advert to· given a.a critical examination to this case as it would be well for them the many reasons that perhaps operated on the Senate and the House­ to have done. at the time for passing this clause in 1866, but it is the only time that. But then, sir, there is another very serious objection to tllis section. any such law ever found it.sway on the statute-book, and t~at w'.18' I do not a.ssert it as a fact; but if the Senator does know who did considered entirely out of all rules that bad ever been estabbshed m draft this section I wish he would sa.y to the Senate whether it was any army the retirement of a man with the rank of command. It drafted by the committee or a member of the committeo, or whether has n.lway~ been the case th~t the retire~ent ~as :wJ.th the rank h~ld it found its "!ay there, aB sections sometimes do in appropriation at the time the party wa,g retued, except m special rnstances by spema1

• 1879. CONGRESSIONAL RECORD-SENATE. 909 legislation. So in this case now you do not retire a man with the addressed to myself, but not based on anything that was sa.id yester­ rank that he held at the time of receiving the wound. The Jaw that day, because it came last evening: was enacted in 1866 put the retirement with the command held at CHARLESTON, S. C., April 24, 1879. -the time the man r~eived the wound. Now, how do you retire~ Senator JAMES G. BLAINE, Wll8hington, D. 0.: Ancl that any officer hereafter retired by reason of wounds received in action In the Barnwell case, recently tried in United States court, the defendants were shall be retired upon the highest rank, exclusive of brevet ran~ actually held by charged with breakin~ up a republican meeting in Barnwell County. The evi­ .such officer iu the regular or volunteer service before retirement. dence for the prosecution is correctly stated in a telegram to the Trilmne of Satur­ day. The defendants' counsel asked the court to instruct the jury to bring in a So that you do not retire him with the rank he held at the t ime he verdict of not guilty, because in the first four counts there was uo allegation that Teceived the wound or the rank of his command at that time; but if the conspiracy as iilleged wa.s on account of race, color, or previous condition of servitude, and, although the fifth count did so allege, vet there was no proof tbat he was a major-general in the Mexican war in the volunteer service the acts charged were committed on account of race or color. The witnesses for and received a wound in the late war aio a captain, you retire him as the Government having stated that they did not believe that the defendants inter· a major-general. Th~t is the effect of your provision. fered with their meeting on account of their race or color, but simply because they Now, sir, I want any man, lawyer, judge, or anybody else, to tell were republicans, Judge Bond accordingly charged that the right to meet peace· ably for consultation in respect to public affairs as charged in the first four counts me if ever there was such an unheard-of provision in any law either was neither granted nor guaranteed by the Constitution of the United State·s, but in England or America as this is. The idea of a man who was a belonged to the people before the Constitution was adopted ; and, under the decis­ -major-general of volunteers in the Mexican war receiving a wound ion of the Supreme Court in the Cruikshank case, the Federal coul"ts had no juris· in the late war as lieutenant shall be retired with the rank of a diction to punish its obstruction or hinderance. In reference to the fifth and last count, which charged the defendants with conspiracy to intimidate, injure, and major-general! Why, sucl;t a thing is unheard of. A person may oppress certain persons in the free exercise of the right to vote on account of their Jiave been a colonel and may have been mustered out of service hold­ race and color, the court charged that there was no proof to show that the parties ·ing the rank of major-general in the volunteers, and may now be were injured and oppressed on account of their race and color. In other words. mustered into the service as a lieutenant for the very purpose of being the proof showed that certain parties were interfered with. injured, and oppressed on account of their republicamsm, and not on account of their race and color; and :retired, and then he is retired on what' He goes and asks retire­ through this technicality the defendants were acquitted, notwithstanding the proof ment on account of wounds received in s~rvice, no matter wheij:ier wa.s overwhelming that they did all that was Charged ; but it was impossible to the wounds prevented him from occupying his position in the Army prove that it was because of the race and color of the "Parties i.Jljured. or not, and he is :i'etired by a board for wounds received in tho serv­ E. W. M. MACKEY, ice and draws a major-general's pay. Assist.ant United StateJi Attorney. I merely call the attention of the Senate to these provisions; and This shows in behalf of South Carolina a remarkable degree of I do say without hesitation that the Committee on Appropriations, impartiality in the oppreseion of republicans. It is wholly without if they did consider this section as they propose to put it on the laws regard to race, color, or previous condition of servitude. -0f this country, have violated every principle that ever governed any Mr. CARPENTER. Mr. President-- .army since the world began that I have ever heard or read of. Mr. BUTLER. Before the Senator from Wisconsin proceeds, inas­ If there was a provision in this section that authorized the retire­ much as the honorable Sena.tor from Maine has read the dispatch, I ment of a civilian who never held rank in the Army at all, who never should. like very much to have read the evidence taken for the Gov­ .served in the Army even as a private soldier, I presume it would be ernment and for the defense in that case, so that the whole ca1'e may passed just the same as any other. I do not presume that any argu­ go into the RECORD. I should like to ask the honorable Senator if ment or any statement of the question would affect in the slightest he has any information from Mr. E.W. M. Mackev, assistant United -degree the passage of this bill, or would so change "the views of any States district attorney, of the case of the United. States vs. Osceola Senator on the other side as to allow the dotting of an "i" Ol' the Gantt, Daniel White, Andrew Bennett and others f .crossing of a "t." I presume that is true; but I will say to Senators Mr. BLAINE. I have nothing but what I read, and I wanted to -0n that side of the Cb amber, that the next time they bring a bill into add (though I think I guardecl it sufficiently yesterday) that I did the Senate irrespective of objections to it, irrespective of faults t.hat not intend any reflection on Judge Bond. I disclaimed that yester­ may be found in it, I hope they will at least consider the bill before day and disclaim it now. I had no intention to say whether there they bring it before an intelligent Senate; at least understand what was, what w&s inferahle from the statement in the Evening Star of there is in it that tbey intend to place upon the statute-books of this the previous evening, an arrangement made in South Carolina. I .country. knew nothing more about it than was contained in the Evening Star. Why, sir, this provision in this bill would make the Senate of the That did not in the least degree, in my judgment, implicate Judge United States and the Congress of this country, so far as the Army Bond, and it is propQr that I should entirely discln.im the least inten­ is concerned, a laughing-stock. It will be laughed at by every intel­ tion of so doing. ligent soldier from one end of this land to the other, except by some Mr. CARPENTER. Mr. President- particular person that desires to receive the benefit of the act, who Mr. BUTLER. If the Senator from Wisconsin will permit me one .cannot be retired with so high a rank as the law now stands. If you moment, I should like, inasmuch as that dispatch recites that the are legislating for the benefit of some partieular individual, and in testimony wn.s overwhelmingly in favor of the Government, to have .doing that you wish to put the Army in a condition where every offi­ the testimony taken on behalf of the defendants read in that connec­ cer who held high rank in the volunteer service, who is now of low tion, as published in the Charleston News and Courier, in full. That rank in the Army and was wounded, either as a private soldier or as is all. .a lieutenant or a captain, may go and say "I have wounds, and I ask Mr. EDMUNDS. That would require the time to be extended for a retirement now under this section," I can understand it. No doubt couple of hours. in s'uch a case the officer would be retired. He would say, "Retire The PRESIDENT pro tempore. Does the Senator from Wisconsin me before the next meeting of Congress, for they may repeal this sec­ yield for the reading of the matter referred to by the Senator from tion," so as to give him retirement as a brigadier-general or a major­ South Carolina f general. Put him on the retired list, drawing high pay, when he Mr. BUTLER. I ask to be allowed to print it in the RECORD as never was entitled to it. part of my remarks. - This is all I desire to sa.y with reference to this particular section Mr. EDMUNDS. That has never been dono in this body and can­ .except that the retired pay of an officer is 75 per cent. of his regular not be done with my consent. pay; so that the retired pay of a major-general is that which will Mr. BUTLER. Will not the Sena.tor from Wisconsin yield to me f .support a very considerable family and in very good style, too. I Mr. CARPENTER. I do not propose to enter into any political dis­ .could name you, if I chose, quite a number of gentlemen to-day in cussion on this bill. I only want to call attention to one or two amend­ the Army with a rank less than major who held the rank of briga­ ments that I shall move when the time comesz and as I cannot ex­ dier-general in the volunteer service, who bear scars, not such as to plain them then under our understanding, I ask to do 80 now. .seriously injure them, however, but such as would authorize them The PRESIDENT pro tempore. The Senator from Wisconsin de­ to be retired under this bill by a board of their friends ; and officers clines to yield further. never fail to retire for wounds, there are so many seeking places. No Mr. CARPENTER. In section 9 it is provided: man bas ever failed yet, that I have heard of, to be retired when he That from and after the passage of this act, and until it shall be otherwise pro presented himself on account of wounds recefved in the service. Thus vided by law, there shall be no promotions or appointments in the Army above the you open the doors of retirement with high pay, for what purpose T rank of capmin, except in the Corps of Engineers. -God only knows; but it seems to me that this it an inducement held I shall move to amend that by ri.dding there the words "and in the -0ut to officers of the Army to seek retirement, and at the same time artillery." that they seek that retirement you provide that the Army shall not 9e I cannot speak of anything done in executive session, but from the filled up above a certain grade, that no promotions or appointments newspapers I learn that nominations have been made for all the nro­ ahall be made above that grade in the Army, and to leave this vast motions which can be ma.de in the cavalry and infantry branches of number of vacancies there until you can have an opportunity of pro­ the service. This wo"Q.ld stop all promotions except in the Engineers, viding how they may be filled. In that way the Army may be filled when, if those nominations are confirmed, the infantry and the cavalry up again, perhaps, by a different class from those who now are the would have their promotions by these nominations which the news­ -0fficers in tho Army. If that is not the reason, God knows, I cannot papere say have been sent to the Senate ; and this would open the fathom it. door to the engineers; but it would produce this practical result : Mr. BLAINE. Mr. President, I desire to read, by way of explana­ now the ranking lieutenant-colonel in the Army to-day is Lieuten­ tion, (not to participate in the present debate,) a dispatch which I ant-Colonel R. B. Ayres, of the Third Artillery, and he is entitled to received from Charleston, South Carolina, yesterday afternoon, but the first promotion to the rank of colonel ; but if these nominations .too late to make use of it in the little discussion which went on. It is which the newspapers say have been sent to the Senate be confirmed, 910 CONGRESSIONAL RECORD-SENATE. APRIL 25,.

this bill leaves the door open for promotion in the Corps of Engineers, ABSENT-8. and would just put the artillery entirely back of all the other corps Bruce, Davis of Illinois, Hoar, Sharon, in the Army, which of course would be a. gross injustice to them. Conkling, Davis of W. Va., McPherson, Windom. Again, in the fourteenth line of this section, I find the following: So the amendment wa.s ordered to lie on the table . .Promded, That D;Ohlli!1g shall prevent the appointment of a Chief of Engineers, Mr. ED~UNDS. I wish to move to amend the bill on page 14, line with the rank of brigadier-general, when a. vacancy shall occur, nor shall it- lG of section 6. I move to add after the word "section " at the end Which refers to nothing- of the paragraph, the following words: ' · prevent the promotion of any captain who has served twenty years in the United .And nothing in this l!ection contained shall be held or deemed to ab ~ idge the pow­ States Army. er or duty of the Pre~1dent of the UnitE}d States, existing under the Constitution There is, of course, an accidental omission, and I shall move, when thereof, or under sections 5298 or 5299 of the Revised Statutes of the United States. the time comes, to perfect it by inserting words so as to make it I shoql9- have b~e.r;i glad to J;iave said something upon the merit of read "provided that nothing in this act contained shall" do so and the quest10n that is mvolved m the sixth section; but havin(J' been so. That was evidently the intention of it, and it was omitted by a out of health for a we~k or ~wo, an go on and administer the law of the Senate and put the bill to its ~hich my a!D~ndm~nt applies, beginni~g with the act passed in 1792, passage after we dispose of it in the various ways. If the Sena.tor m the admrmstmtion of George Washington, stating in these very from Connecticut merely wishes to dispose of this amendment so that words, I believe, certainly substantially so, tha.t- it being disposed of I can have the floor to offer one or two amend­ Whenever, by ~eason ?f unlawful ob~tructions, combinations, or assemblages of I persons, or rebellion a.garnst the authonty of the Government of the United States ments that I have, to save time, ha-ve no objection to yielding for it s~ become imp;oo?~ble in th~ judgment of the President, to enforce, by th6- that purpose, if I can have the floor afterward to offer an amend­ ordina.ry course of .1udi01al proceedmgs, the laws of the United States within an ment that I have myself. State or Territory, it shall be lawful for the President to call forth the militia. J Mr. EATON. That is all. an:v: or all the States, and to employ such parts of the land and naval forces of th&­ Umted States as he may deem necessary to enforce the faithful execution of the· Mr. EDMUNDS. Then I yield to the Senator from Connecticut. laws of the United States, or to suppress- Mr. EATON. I 1:1imply desire to end that matter, but with no dis- respect to my friend from Nebraska. I simply move that this amend­ this violence. The act of 1792 said, to suppress obstructions to the ment lie on the table. exec.utio!l of the la'!s of the United ~tates, and to see .that they were The PRESIDENT p1'o ternpore. The Senator from Connecticut earned mto execution. Therefore, if the election of a member of moves that the amendment offered by the Senator from Nebraska do Congress is a part of the thing to be done by the Constitution of the lie on the table. . United States and u~der its authori~y, and is to be done pursuant to Mr.PADDOCK called for the yeas and nays, and they were ordered; t~e laws of the Umtetl ~tates, w~1~h have. provided, aa we agree,. and the Secretary proceeded to call the roll. right or wrong, _for a certam superv1s10n and rnspection, and security Mi·. DAWES, (when the name of Mr. HOAR was ca.lled.) My col­ of peace and fair play at the polls, where there is a forcible obstruc­ league, [Mr. HOAR,] as I have announced on other votes, is neces­ ti~n t? the execution of .the laws of the .U:nited States, then I say that. sarily absent from the city, and is paired with the Senator from this bill ought to contam all the proviSion which has existed since· New Jersey, [Mr. McPHERSON.] My colleague would vote "nn.y," if t~e administratio:r;i of Washington, that forcible and violent opposi- . present. t10n to the execution of the laws of the United States may also be Mr. WINDOM, (when his name was called.) I am paired with the suppressed, as well us opposition to the laws of the States by the forces of the Union. Senator from West Virginia, [Mr. DA VIS.] If he were present, I should vote "nay." That is the object of this amendment, and on it I aak for· the yeaa The roll-call having been concluded, the result was announced­ and nays. The time is up. yeas 40, nays 28; a.a follows: Mr. EATON: I move that the amendment offered by the Senator· YE.AS-40. from Vermont lie on the table. Bailey Gordon, .Jones of Florida, Slater, Mr. EDMUNDS. Let us have the yeas and nays, Mr. President. Bayard, Groome, Kernan, Thurman, The PRESIDENT p1·0 tempore. The Senator from Connecticut Book, Grover, · Lamar, Va.nee, moves that the amendment offered by the Senator from Vermont do­ Butler, Hampton, McDonald, Vest, lie on the table, on which motion the Senator from Vermont demands Call, Harrl.S, Maxey, Voorhees, Cockrell, Hereford, Morgan, Walker, the yeas and nays. Coke, Hill of Georgia, Pendleton, Walla.ce, The yeas and nays were ordered and taken. Ea.ton, Houston, Randolph, Mr. WINDOM. I will announce again, once for all on the unim­ Farley, Johnston, Ransom, W1~aiiis. portant votes, that I am paired with the Senator from West Virginia. Garland, Jonas, Saulsbury, Withers. [Mr. DAVIS] on every vote relating to this bill. NAYS-28. The result was announced-yeas 40, nays 28 ; as follows : Allison, Cameron of Wis., Hill of Colorado, Morrill. . Y.EAS-40. Anthony, Carpenter, Ingalls, Paddock, Bell, Chandler, Jones of Nevada, Platt, Baileyt Cockrell, Garland, Harris, Blaine, Dawes, Kellogg, Plumb, Baya.ra, Coke, Gordon, Hereford, Booth, Edmunds, KirkWood, Rollins, Beck, Davis of Illinois, Groome, Hill of Goor~ . Burnside, Ferry1 Saunders, Butler, Eaton, Grover, Houston, Cameron of Pa.., Hamlin, t?c~lan, Teller. Call, Farley, Hampto~ Johnston~ 1879. CONGRESSIONAL RECORD-SENATE. 911 _,

Jonas, Morj?an, Slater, Walker, Mr. EA.TON. There is· no dodging about it. A motion to by on Jones of Florida, Pendleton, Thurman, Wallace, the table is perfectly proper under the understanding. It is a vote Kernan, Uandolph, Vance, Whyte, McDonald, Ransom, Vest, Williams, on the amendment to place it upon the table, where it belongs, in Maxey, Saulsbury, Voorhees, Withers. our opinion. NAYS-28. The PRESIDENT pro tempore. The Chair will state that there Alliso11, Cameron of Pa., Hamlin, Morrill, was nothing in the understanding which induced the Chair to sup­ Anthony, Carpenter, Hill of Colorado, Paddock, pose for a moment that a motion to lay an amendment on the table Rell. Chandler, Ingalls, Platt, would not be in order. The Chair did n9t suppose that there was Blame, Conkling, Jones of Nevada., Plumb, Booth, Dawes, Kirkwood, Rollins, anything in the order that intended to make it obligatory upon the Ilumside, Edmunds, Logan. Saunders, Senate to vote directly upon an amendment instead of laying it on Cameron of Wis., Ferry, McMillan, Teller. the table, especially as this is an appropriation bill, and one of the ABSENT-8. modes of getting rid of an amendment on an appropriation bill is to Bruce, Hoar, Lamar, Sharon, lay it on the table. · Davis of W. Va., Kellogg, McPherson, Windom. Mr. EDMUNDS. Then I will ask if it is within the understand­ Sot he amendment was ordered to lie on the table. ing of the order that I may ask for the yeas and nays on the motion The PRESIDENT pro tempore. The hour of three o'clock having to lay the amendment on the table f Is that within the understand­ arrived, all debate on this bill ceases. Tho bill was read and consid­ ing! ered by sections up to and including section 6. If there are no fur­ The PRESIDENT pro tenipore. The Senator from Vermont demands ther amendments to section 6 to be offered, the Chair suggests that the yeas and nays on the motion t-0 lay the amendment on the table. the reading proceed and that amendments be offered to the subse­ Is there a second T quent sf'ct10ns as they are reached. The yeas and nays were ordered; and being taken, resulted-yeas. Mr. EDMUNDS. I do not know any rule which provides for the 40, nays 30; as follows : proceeding of the Senate in that way. I suppose the bill is open to ~AS-40. amendments. Bailey Garland, Jonas, Slater, The PRESIDENT pro tempore. Undoubtedly it is open to amend­ Bayard, Gordon, Jones of Florida, Thurman, Beck, Groome, Kernan, Vance, ment. The Chair only suggested that course as a matter of conven­ Butler, · Grover, Lamar, Vest, ience. Call, Hampton, Maxey, Voorhees, Mr. EDMUNDS. Do I understand the Chair to say that it is an Cockrell, Harris, Morg:an, Walker, order of the Senate that the debate ceases, or is it an understanding Coke, Hereford, Pendleton, Walla-0e, Davis of Illinois, Hill of Georgia, Randolph, Whyte, such as bas always been bad heretofore T Eaton, Houston, Ransom, Williruns The PRESIDENT pro tempore. The understanding is such as is Farley, Johnston, Saulsbury, Withers.' usually bad. NAYS-30. Mr. EDMUNDS. Ah, yes; I shall obey that with equal pleasure; Allison, Cameron of Wis., Hill of Colorado, Paddock, I only wanted to know which it was. I have an amendment to offer. Anthony, Carpent-er, Ingalls, Platt, The PRESIDENT pro tem.pore. To which section 'f Bell, Chandler, Jones of Nevada, Plumb, Blaine, Conkling, Kellogg, Rollins, Mr. EDMUNDS. To section 6. Booth, Dawes, Kirkwood, Saunders, The PRESIDENT pro tempore. Then that is a proper amendment Bruce, Edmunds, Logan, Teller. to be offered at this time. Burnside, McMillan, Cameron of Pa., Morrill, Mr. EDMUNDS. On page 14, line 24, which is in section 61 after ~. the word "States," I move to insert: ABSENT-6. Or unless such force shall be necessary to be used to execute the laws of the Davis of W. Va., McDonald, Sharon, Windom. United States contained in sections 5297, 5298, or 5599 of the Revised Statutes of Hoar, McPherson, the United Sbttes. So the amendment was ordered to lie on the table. I ask that the section may be read in connection, so that we may Mr. CARPENTER. I move to amend the bill by striking out the see how it would read if amended as I propose. ninth section. The PRESIDENT pro ternpore. The whole section Y Mr. WITHERS. I suggest to the Senator that it would be better Mr. EDMUJ\"'DS. No, sir; the clause beginning at line 17, to save to have read the seventh and eighth sections and then reach the time. ninth section. . T.l;le PRESIDENT pro tempore. That portion of the section will be The PRESIDENT pro tempore. If the Senator has no objection the read. seventh and eighth sections will be read. The Secretary read as follows: Mr. CARPENTER. Certainly. And that section 5528 of the Revised Statutes be amended so as to read as fol­ The Chief Clerk read the seventh section of the bill, aa follows : lows: SEC. 7. That the Secretary of War shall be authorized to detail an officer of the Every officer of the Army or Navy or other person in the ~ivil, military, or naval Army, not above the rank of captain, for special duty with reference to Indian edu­ service of the United States, who oi!ders, brings. keeps, or has under his authority cation. or control any troops or armed men at any place where a general or special elec­ tion is held in any State, unless such force be necessary to repel armed enemies of Mr. EDMUNDS. Has there been any vote upon that section 7 the United St.ates, or unless such force shall be necessary to be used to execute the laws of the United States contained in sections 5297, 5298, or 5299 of the Re­ The PRESIDENT pro tempore. None whatever. vised Statutes of the United St.ates, shall be fined not more than $5,000, and suffer Mr. DAVIS, of Illinois. Mr. President-- imprisonment at hard labor not less than three months nor more than five years. Mr. EDMUNDS. I wish to move an amendment to it. Mr: EDMUNDS. On that amendment I ask for the yeas and nays. Mr. CONKLING. The Senator from Illinois [Mr. DAVIS] has an Mr. EATON. I move that the amendment lie on the table. amendment to offer. Mr. EDMUNDS. I have a right to have the yeas and nays ordered, Mr. EDMUNDS. I yield to the Senator from Illinois, of course,­ on my request, I think, if I can.get a fifth of the Senators to do it. the only impartial man in the body. Then the Senator can make his motion if he thinks it is within the Mr. DAVIS, of Illinois. I thank yon, sir, for that compliment, m1derstanding. whether meant in jest or earnest. Mr. EATON. I am obliged to the Senator. I certainly did not Mr. EDMUNDS. It was meant in jest. intend to prevent the Senator from Vermont from securing the or­ Mr. DAVIS, of Illinois. Captain Grant of the Army has charge of dering of the yeas and nays. certain Indians for the purpose of educating them at the Hampton The PRESIDENT pro tern.pore. The Sena.tor from Vermont offers school, at Hampton Roads. He met me the other day and sug­ an amendment, which has been read, and on that he demands the gested-- yeas and nays. Mr. WITHERS. I would suggest to the Senator-- Mr. WITHERS. I rise to a parliamentary inquiry. The PRESIDENT pro tenipore. The Chair will remind Senators The PRESIDENT pro tempore. The Senator from Connecticut that debate is not in order. moves to lay the amendment on the table. Mr. WITHERS. I only intended to suggest to the Senator from Mr. WITHERS. That is it. Illinois that any remarks would open the door to debate. Mr. EDMUNDS. Mr. President, I rise to a parliamentary inquiry, Mr. DAVIS, of lliinois. I want to change the section by striking or whatever it may be. I read from the CoNGRESSIO:N"AL RECORD of out in line 2 the words "an officer of the Army" and inserting "one to-day the proceedings of yesterday afternoon: or more officers of the Army," and at the end inserting: The PRESID~'T pro tempore. The Chair will once more state the proposition And authority is given the Secretary of War to use any unoccupied forts and and again ask the Senate whether there is any objection to it. The proposition is, barracks available for Indian education so long as not required for military pur­ that at three o'clock to-morrow all debate on this bill shall cease, and the Senate poses. shall then proceed to vote upon any pending amendment or amendments that may So as to make the seventh section read : be offered, and finally on the bill itself, witliout further debate. That the Secretary of War shall be authorized to detail one or more officers of I wish to ask the Chair and gentlemen on the other side whether the Army, not above the rank of captain, for special duty with referencetolnilian laying these amendments on the table and not voting upon them as education; and authority is given the Secretary of War to use any barracks a>ail­ amendments, but laying them aside (for under our rules it is merely able for Indian education so long as not required for military purposes. laying them aside in the technical sense, although we know it is death I would not have said a word, but I did not know that it would now) is within the understanding! The understanding waa that we violate the understanding. should vote on the amendments, and not dodge a vote on the amend­ Mr. WITHERS. I move that the amendment be laid upon tho .ments. table. 912 CONGRESSIONAL RECORD-SENATE. APRIL 25,

The motion was agreed to; there being on a division-ayes 34, Mr. EDMUNDS. But preceding the motion to lay on the table there noes 24. is a demand for the yeas and nays. Of course, if ordered, the call The PRESIDENT pro tempore. The Secretary will report section 8. will be superseded by a motion to lay on the table. The Chief Clerk read the eighth section of-the bill, as follows: The PRESIDENT pro tempore. The demand, then, must be consid­ Section 8. That section 6 of the a-0t approved .June 18, 1878, making appropri­ ered a part of the motion; but that is not the impression of the Chair. ations for the support of the Army, be, and is hereby, repealed: Provided, That However, the Chair will conform to the opinion of more experienced when the economy of the service requires, the Secretary of War shall direct the Senators and entertain the call. Is there a second to the demand for -establishment of military headquart.ers at pointa where suitable buildings are -owned by the Government. the yeas and nays Y The yeas and nays were ordered. The ninth section was read, as follows : The PRESIDENT pro tempore. Now the Senator from Virginia SEC. 9. That from and after the passage of this act, and until it shall be other­ wise provided by law, there shall be no promotions or appointments in the Army moves to lay the amendment on the table. above the rank of captain, except in the Corps of Engineers; and the actual time :rtlr. CARPENTER. I ask for the yeas and nays on that motion. <>f service in the Army or Navy of the United States shall be allowed all officers The yeas and nays were ordered; and being taken, resulted-yeas in computing their pay; and that no officer below the rank of major shall be trans­ 40, nays 29; as follows : ferred to the retired list, except upon the report of a duly constituted board of officers, to the effect that such officer is no longer fit for active service; and that YEAS-40. any officer hereafter retired by reason of wounds received in action shall be re­ Bailey, Gordon, .Jones of Florida, Slater, tired upon the highest rank, exclusive of brevet rank, actually held by such officer Bayard, Groome, Kernan, Thurman. in the regular or volunteer service before retirement: Provided, That nothing shall Beck, Grover, Lamar, Vance, prevent the appointment of a Chief of Engineers, with the rank of brigadier-gen­ Butler, Hampton, McDonald, Vest, eral, when a vacancy shall occur, nor shall it prevent the promotion of any captain Call, Harns, Maxey, Voorhees who has served twenty years in the United States Army. Cockrell, Hereford, Morgan, Walker, Coke, Hill of Georgia., Pendleton, Walla-Oe, The PRESIDENT pro ternpore. The Senator from Wisconsin [Mr. Eaton, Houston, Randolph, CARPENTER] now moves to strike out the ninth section of the bill. Farley, .Johnston, Ra.nsom, ~~D!6~e Mr. ALLISON. Before that motion is made I wish to move to Garland, .Jonas, Saulsbury, Withers.' amend the ninth section in line 14. NAYS-29. Mr. EDMUNDS. Let the question be first taken on striking out. .Allison, Cameron of Wis., Hill of Coloraio, Platt, The Senator can move the amendment a.fterward. .Anthony, Carpenter, .Jones of Nevada, Plumb, Bell, Chandler, Kellogg, Rollins, Mr. ALLISON. Verywell. Blaine, Conkling, Kirkwood, Saunders, Mr. EDMUNDS. It is not likely to be stricken out. Booth, Dawes, Loganl. Teller. Mr. CARPENTER. I move to strike out section 9 of the bill. Bruce, Edmunds, McMiua.n, The PRESID ENTpro tem,pore. The Chair has just stated the motion. Burnside, Ferry, MoITill, Mr. WITHERS. I move to lay the motion on the table. Cameron of Pa., Hamlin, Paddock, Mr. CARPENTER. I call for the yeas and nays. ABSE...'IT-7. Davis of Illinois, Hoar, McPherson, Windom. Mr. CONKLING. I rise to a parliamentary inquiry. Does the rule Davis of W. Va., Ingalls, Sharon, permit a motion to strike out to be laid on the table as an amendment t Mr. WITHERS. It is in the form of an amendment, and snch So the amendment was ordered to lie on the table. motions can be generally laid on the table. Mr. CARPENTER. Mr. President, I move to amend the ninth sec­ The PRESIDENT pro tempore. Rule 29 declares that- tion, in the fourth line, by inserting after the words "except in the Corps of Engineers" the words "and in the artillery." Any amendment to a general o.ppropriation bill ma.v be laid on the table without prejudice to the bill. • Mr. WITHERS. I move to lay the amendment on the table. The PRESIDENT pro tempore. The Senator from Wisconsin moves There is no doubt that this is a general appropriation bill, and in to insert the words" and in the artillery." The Senator from Vir­ the opinion of the Chair a motion to strike out a portion of the bill ginia moves to lay on the table the motion to amend. The question is an amendment to the bill, and the motion may be laid on the table. is on the motion of the Senator from Virginia. The question is on the motion of the Senn.tor from Virginia. to lay the The motion was agreed to. amendment of the Senator from Wisconsin on the table, on which Mr. ALLISON. Mr. President, in the same line, after the word" en­ the yeas and nays are demanded. . gineers," I move to insert '' and chiefs of the several staff corps." The yeas and nays were ordered; and the Secretary proceeded to Mr. WITHERS. I move to lay the amendment on the table. call the roll. The PRESIDENT pro ternpore. The Senator from Virginia moves Mr. ROLLINS, (when his name was called.) On this question I am to lay the amendment on the table. paired with the Senator from Georgia, [Mr. GORDON,] who is detained The motion was agreed to. from thE\ Chamber. If he were present I should vote" nay." Mr. PLUMB. I move now to strike out all the words after" cap­ The roll-call having been concluded, the result was announced­ tain," in line 4 of section 9, to and including the word "engineers" yeas 39, nays 28; as follows : YEAS-39. in line 5, striking out the words " excepting in the Corps of Engi­ neers." Bailey Groome, Kernan, TbUI'IIllliD, Bayard, Grover, Lamar, Vance, Mr. WITHERS. I move to lay that amendment on the table. Beck, Hampton, McDonald, Vest, Mr. PLUMB. I ask for the yeas and nays on that motion. Butler, Harris Maxey, Voorhees, The yeas and nays were ordered; and being taken, resulted-yeas Call, Heref~rd, Morgan, Walker, Cockrell, Hill of Georgia, Pendleton, Wallace, 39, nays 29; as follows : Coke, Houston, Randolph, Whyte, YEAS-39. Eaton, .Johnston, Ransom, Williams, Bailey, G-<>rdon, Kerna.n, Thurman, Farley, .Jonas, Saulsbury, Withers. Ba.ya.i'd, Groome, Lamar, Vance, Garland, Jones of Florida, Slater Beck, Hampton, McDon:\ld, Veat, NAYS-28. Butler, Harris, Maxey, Voorhee11, Call, Hereford, Mor~an, Walker, .Allison, Cameron of Wis., F~ McMillim, Cockrell, Hill of Georgia., Pen leton, Wallace, iBell, Carpenter, H ·n, Morrill, Coke, Houston, Randolph, Whyte, Blaine, Chandler, Hill of Color:Wo, Paddock, Eaton, .Johnst-0n, Ransom, Williams, Booth, Conkling, Ingalls, Platt, Farley, .Jonas, Saulsbury, Withers. Bruce, Davis of Illinois, .Jones of N ev:Wa, Plumb, Garland, Jones of Florida, Slater Burnside, Dawes, Kirkwood, Saunders, Cameron of Pa., Edmunds, Logan, Teller. NAYS-~ .ABSENT-9. Allison, Cameron of Wis., Hill of Colorado, Platt, .Anthony, Carpenter, Ingal.18, Plumb, .Anthony, Hoar, McPherson, Sharon, Bell, Chandler, Kellogg, Rollins, Davis of W. Va., Kellogg, Rollins, Windom. Blaine, Conkling, Kirkwood, Saunders, Gordon, Booth, Davis of Illinois, Teller. So the motion to strike out the ninth section was ordered to lie on Bruce, Edmunds, McLo~ila . n, Burnside, Merrill, the table. Cameron of Pa., F~H . Paddock, Mr. CARPENTER. I move to amend the ninth section by striking ' out these words: ~SENT-8. Davis of W. Va., Grover, Jones of Nevo.dn., Sharon, That from and after the passage of this act, and until it shall be otherwise pro­ Dawes, Hoar, McPherson, Windom. vided by law, there shall be no promotions or appointments in the Army above the rank of captain, except in the Corps of Engineers; and. So it was ordered that the amendment lie on the table. I ask for the yeas and nays on the amendment. The PRESIDENT pro tem_pore. If there be no further amendments, Mr. WITHERS. I move to l:l.y the amendment on the table. the bill will be reported to the Senate. Mr. CARPENTER. Let us see whether we can have the yeas and The bill was reported to the Senate without amendment. nays ordered first. I called for the yeas and nays. The PRESIDENT pro tempore. Amendments are still in order. . The PRESIDENT pro tempore. In the opinion of the Chair a. mo­ Mr. ED1\IUND$. On page 14, line 24, after the words "United tion to lay on the table may be made at any time. States," I move to insert the word1i1 "or to be used in accordance wit.h . Mr. ED~DS. Not wJ;ien ~demand for the yeas and nays is pend­ the provisions of section 2002 as am~nded by this act;" so that it will mg, Mr. President, I submit with great respect and with great confi­ read: dence. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, k eeps, or has under his authority Mr. WITHERS. They may be ordered before the motion to lay on or control any troops or armed men at any place where a general or special election ;the table is ma.de. is held in any State, unless such force be necessary t o repel armed enemies of the 1879. CONGRESSIONAL RECORD-HOUSE. 913

United States, or to be used in accordance with the provisions of section 2002 as Mr. WITHERS. I call for the yeas and nays. amended by this act, shall be fined not more than 5,000, &c. The yeas and nays were ordered; and being taken, resulted-yeas In order to make it co•form to the preceding proviso as to a call on 41, nays 26; as follows : the President. YEAS-41. The PRESIDENT pro tempore. The question is on the amendment A.llison, Coke, Johnskn, Randolph, of the Senator from Vermont. • Anthony, Conklin~. Jones of Florida, r..ansom, Mr. WITHERS. I move that the amendmeRt be laid upon the Bayard, Davis of Illinois, Jones of Nevada, Saulshury, Beck, Edmunds, Kellogg, Saunders, ta\le. Blaine, Farley, Kirkwood, Teller, Mr. EDMUNDS. On that motion I ask for the yeas and nays. Booth, Gordon, Lamar, Vest, The yeas and nays were ordered; and being taken, resulted-yeas Bruce, Hamlin Logan, Whyte, Butler, Herefo~d, Mcl\Iillan, Williams. 38, nays ~; as follows : Cameron of Pa., Hill of Colorado, Morrill, YEAS-38. Cameron of Wis., Hill of Georgia, Pendleton, Bayard, Grover, Lamar, Vance, Chandler, Ingalls, Plumb, Beck, Hampton, McDonald, Vest, Call, Harns, Maxey, Voorhees, NA.YS-26. Cockrell, Hereford, Morgan, Walker, Bailey, Garland, Maxey, Vance, Coke, Hill of Georgia, Pendleton, Wallaw, Bell, Grover, Morgan, Voorhees, Eaton, Houston, Randolph, Whyte, Burnside, Hampton, Paddock, Walker, Farley, Johnston, Ransom, Williams, Call, Harris, Platt, Wallace, Garland. Jonas, Saulsbury, Withers. Dawes, Houston, Rollins, Withers. Gorilon, Jones of Florida, Slater, Eaton, Jonas, Slater, Groome, Kernan, Thurman, Ferry, Kernan, Thurman, NA.YS-28. A.BSENT-9. Allison, Cameron of Wis., Hamlin, Morrill, Carpenter, Groome, McDonald, Sharon, Anthony, Carpenter, Hill of Colorado, Paddock, Cockrell, Hoar, McPherson, Windom. Bell, Chandler, Ingalls, Platt Davis of W. Va., Blaine, Conkling, Jones of Nevada, Plumb, So the motion was agreed to. Booth, Dawes, Kirkwood, Rollins, Bruce, Edmunds, Lo?:an Saunders, CHANGES OF SUNDRY CIVIL BILL. Burnside, Ferry, McMillan, Teller. Mr. EATON. I move that the Senate now proceed to the consider­ A.BSENT-10. ation of the joint resolution (H. R. No. 1) to repeal certain clauses in Bailey, Davis of Illinois, Kellogg. Windom. Butler, Davis of W. Va., McPherson, the sundry civil appropriation act approved March 3, 1879. Camer&n of Pa., Hoar, Sharon, The PRESIDENT pro tempore. The Senator from Connecticut So it was ordered that the amendment lie on the table. moves to take up the resolution he has designated. The PRESIDENT pro te-mpore. If there be no further amendments, Mr. EDMUNDS. Is that on the Calendar\' the question is, Shall the bill be read the third timeT The PRESIDENT pro temp<>re. The Chair is informed that it is The bill was ordered to a third reading, and W:tS reaa the third reported by the Committee on Appropriations. time. The motion was agreed to. The PRESIDENT pro ternpore. The question is, Shall the bill passf Mr. ALLISON. Now, Mr. President, I move that the Senate ad:_ journ. Mr. ED~1UNDS. On that I call for the yeas and nays. '.rhe yea.a and nays were ordered. Mr. EA.TON. I do not care to press the joint resolution to-night. Mr. CARPENTER. Are amendme.nts still in orderf I merely want to have it before the Senate. The PRESIDENT pro tempore. Not after the third reading of the Mr. ALLISON. I withdraw tho motion to adjourn. bill. Mr. EATON. I have charge of this resolution from the Commit­ Mr. CARPENTER. I am sorry, because I wished to offer an amend­ tee on Appropriations, and whenever the Senate is ready on Monday ment. next I shall give way to my friend from Ohio, [Mr. PENDLETON,] so The PRESIDENT pro tempore. The Secretary will call the roll on that he may submit some remarks on a bill which he has introduced. the passage of the bill. COMMITTEE SERVICE. The Secretary proceeded to call the roll. Mr. LAMAR. I move that the vacancy in the Committee on the Mr. HEREFORD, (when the name of Mr.DAVIS, of West Virginia, Improvement of the Mississippi River and its Tributaries be filled by was called.) My colleague [Mr. DAVIS] is paired with the Senator the Chair. from .Minnesota, [Mr. WINDOM.] If he were here, my colleague would The motion was agreed to by unanimous consent; and the Presi­ vote "yea." dent pro tempore appointed Mr. IlRUCE to fill the vacancy. Mr. WINDOM, (when his name was called.) I desire to say that EXECUTIVE SESSION. I am paired with the Senator from West Virginia [Mr. DAVIS] on this question. If be were present, I should vote" nay." Mr. GARLAND. I move that the Senate proceed to the considera­ The roll-call was concluded. tion of executive business. Mr. DAWES. I desire to state that on the final passage of the bill, The motion was agreed to ; and the Senate proceeded to the con­ my colleague [Mr. HOAR] being necessarily absent, is paired with the eideration of executive business. After ,.fifty-five minutes spent in Senator from New Jersey, [Mr.McPHERSO~.] My colleague, if pres­ executive session, the doors were reopened. ent, would vote "nay." ENROLLED BILL SIGNED. The result was announced-yeru; 41, nays 30; as follows: A message from t.he House of Representatives, by l\Ir. GEORGE M. Y.EAS-41. ADAMS, its Clerk, announced that the Speaker of the House had signed Bailey~ Gordon, Kernan, Vance, the enrolled bill (H. R. No. 1) making appropriations for the support Bayara, Groome, Lamar, Vest, of the Army for the fiscal year ending Jone 30, 1880, and for other Beck, Grover, McDonald, Voorhees, Butler, Hampton, Maxey, Walker, purposes; and it was thereupon signed by the President pro tenipore. Call, Harris, Moriran, Wallace, On motion of Mr. WALLA.CE, the Senate (at five o'clock and thir­ Cockrell, Hereford, Pendleton, Whyte, teen minutes p. m.) adjoun1ed. Coke, Hill of Georgia, Randolph, Williams, Davis of Illinois, Houston, Rfillsom, Withers. Eaton, Johnston, Saulsbury, Farley, Jonas, Slater, Garland, Jones of Florida., Thurman, NAYS-30. HOUSE OF REPRESENTATIVES. Allison, Cameron of Wis., nm of Colorado, Paddock, Anthony, Carpent.er, Ingalls, Platt, FRIDAY, April 25, 1879. Bell, Chandler, Jones of Nevada, Plumb, Blaine, Conkling, Kellogg, Rollins, The House met at twelve o'clock m. Prayer by the Chaplain, Rev.. Booth, Dawes. Kirkwood, Saunders, Bruce, Edmunds, Logan, Teller. W. P. IIARRISO"N", D. D. Burnside, Ferry, McMillan, The Journal of yesterday was read and approved. Cameron of Pa., Hamlin, Morrill, ORDER OF BUSINESS. A.BSENT-5. Davis of W. Va., McPherson, Sh:i.ron, Windom. Mr. BLACKBURN. I move that the rules be suspended for the pur- Hoar, pose of dispensing with the morning hour. . So the bill was passed. The motion was agreed to, two-thirds voting in favor thereof. 1 ADJOU!Th""ME~T T0 MO~""DAY. IlEPORT OF .KNTO~IOLOGICAL C01'IMIS.SIOY. Mr. ANTHONY. I move that when the Senate adjourns to-day it The SPEAKER, by unanimous consent, laid before the Hoose a be to meet. on Monday next. letter from the Secretar.v of the Interior, inclosi::Jg a communication Mr. WITHERS. I hope not. We have got something to do to- from Professor C. V. Riley, chief of the entomological commission, morrow. . relating to the publication of another edition of the first report of The PRESIDENT pro tempm·e. The Senator from Rhode Island said commission; which was referred to the Committee on Printing. moves that when the Senate adjourns to-day it be to meet on Monday WATER RENTS ~ DISTRICT OF COLUMBIA. next. The question is on that motfon. The SPEAKER also laid before the Honse a letter from the com- IX-58 914 CONGRESSIONAL RECORD-HOUSE. APRIL 26, missioners of the District of Columbia, relative to water rents in the framers had even intimated that it contained the doctrine now 38 District; which was referred to the Committee for the District of serted by the republican party. I venture to assert that no other Columbia. principle that has ever engaged the consideration of the American WITHDRAWAL OF PAPERS. people, from the foundation of the Government down to this time, By unanimous consent, leave was gra~ted for the withdrawal of has been so overwhelmingly recognized and indorsed throughout the papers in the following cases, there having been no a

when the ca-sting vote is to be by them given, have the authority a. miscarria~e. Admit that the hundredth anniversary of this Republic must be the confession of its failure, and make up your minds to change tho form as well respectively conferred upon them to speak the final words for about as the nature of our institutions; for to play at republic longer would then be a. nine millions of electors. Our countrymen would be startled if they cruel mockery. But I entreat you do not de1ude yourselves and others with th0 thought that we were drifting to this autocratic ground, and yet the thought tlmt by following the fatal road upon which we are now marching you advocates of the present election laws could easily n.nd with force can still preserve those institutions ; for I tell yon, and the history of struggling mankind bears me out, where the forms of constitutional government can oe vio­ reply that we should determine the importance for the supervision lated with impunity, there the spirit of constitutional government will soon be dead. of every vote cast by the importance of the vote itself. * * * * ,.. * * It would be as defensible to put your soldiers here on this floor as But still more, the people have begun to understand, and it is indeed high time it was to place them upon the floors of certain State Legislatures; they should understand, that the means profassedly used to prevent and suppress outrages are producing far worse fruit than the outrages themselves ; tha~d and it would be more defensible for the General of the Army to enter hear what I say-the lawlessness of power is becoming far more dangerous to all these halls, and settle all contested-election cases now pending here, than the lawlessness of the mob. · than it was for General Sheridan to determine who should occupy No more appropriate appeal to the republican party could be ma.de seats in the Louisiana Legislature, as in that case many were un­ at this moment and in this debate than the following, and I earnestly seated whose election had received the benediction of the immacu­ trust that it will be heeded, and that the distinguished gentleman late returning board of that State. I call to my support upon this will plead as patriotically with the President, should it be necessary, branch of my remarks the utterances of a Cabinet officer while a as he did with republican Senators: Senator of the United States, and for the further purpose of showing I cr.v out to yon once more, turn ba-0k, turn back in your dangerous course what is likely to be his counsel to the President when these bills are while it is yet time. Iu the name of that inheritance of peace and freedom which presented for his action, and my apology for the lengthy extract I you desire to leave to your children, in the namo of the pride with which the Amer­ make from his speech is because his words are "like apples of gold ican lifts up his head among the nations of the worlcl, do not trifle with the Consti­ tution of yonr country, do not put in jeopardy that which is the dearest glory of the in pictures of silver" touching the subject in hand: American name, let not the representatives of the people falter ancl fail in the I must confess that the news that came from Louisiana a few days ago bas pro­ supreme hour when tho liberties of the people are at stake. foundly alarmeu me. A thing has happened which bas never happened in this Can it be supposed that the author of these timely and patriotic country before, and which nobody, I trust, ever thought possible. words would be silent if he were to exchange his position as a Cab­ When the Legislature convened-and I repeat, it convened accordin~ to law, at ·the time and in the place fixed by law, called to order by the Yery officer aesignate a gro: s But there is another Cabinet officer, your prime minister, who e and manifest violation of the Constitution and the laws of this Re~ublic.. \Ve ha•e an act before us indicating a spirit in our Government which either ignores the judgment of c011demnation I confidently invoke, and who even pre­ Com titution and the laws or so interprets them that they cease to be the safeguard cedetl Mr. Schurz in his patrioti0 speech in regard to the disgraceful of the independence of legislation anu of the rights and liberties of our people. invasion of the Louisiana Legislature by Sheridan and De Trobriand. And that spirit shows itself in a shape more alarming still in the instrument tl!e Execnti"\"e llas chosen to execute his behests. Your Secretary of State, in a speech at Cooper Instit11te, New York, On all sides you can hear the que tion asked, "If this can be done in Louisiana., to a. meeting of indignant citizens, used the following fa.nguage: and if such things l:o sustained by Congress, bow long will it be before it ca.n be Oar fellow-citizens of New York have the unuerstanding that patriotism and dono in Massachusetts and in Ohio 1 How long before the constitutional rights of love of liberty and obedience to the Constitution are not in the possession of any all the States and the self-government of all fu,) people may be trampled under political organization, that there are limits to their political competition and their foot'! liow long before a general of the Army may sit in the chair you occupy, antagonisms which no political partv can safely pass. That when men voto anll sir, to decide contested-election cases for tl.Lo purpose of manufacturing a mj\jority when their chosen officers meet anu when without violence and without demon­ in the Senate'! How long before a soldier may stalk into the national House of Rep· stration of insurrection they undertake t-0 conduct tl1e affairs of tbeir political go'". resentatives, and, pointing to tho Speaker's mace, say, ' take away that bauble'!'" ernments no soliliers can interfere. [Cheers.l * * * * 1C' * * * * * Jr The Federal office-holders in the South became the center of partisan intrigue There are two very distinct firm lines of limitation, which observed, will protect and trickery. The Caseys and Pa<:kards carried oft" State senators in United States the machinery of the Government for the people, forty millions of people to-d::i.y, .revenue cutters and held republican conventions in United States custom-houses, one hundred millions hereafter, that is, that the sole intervention of the Federal guarded by United States soldiers to prevent other republican fa-Oti.ons from inter­ power within State authority shall be to suppress violence, and that their office fering. Nay, more than that, Mr. Packard, during the last election campaign in after that shall not assume to go further unless when invited by the supreme au­ Louisiana, being at the same time United States marshal and chairman of KEL­ thority of the State. [Cheers.J And thatsupremeauthorityof the State is named WGG's campaign committee managing not only the campai~ but also the move­ in the Federal Constitution, and is the Legislatures of the several States, and only ments of the United States dragoons, to enforce the laws and to keep his political in the casual condition wllen the Legislature is not in session cau the governor rep­ o:pponents from "intimidating" his political friends. More than that, in one State resent the State, so as to clemantl :Federal intervention in the political affairs of after another in the South we saw enterprising politicians start rival Legislatures the State, but only on the condition that the Legislature cannot be convened. and rival governments, much in the way of Mexican pronunciamientos, calculat­ ing on the aid to be obtained from the National G<>Yernment-the Attorney-Gen­ Again be said : eral of the United States called upon to make or unmake governors of States by Now, the laws of Congress require whenever a state of violence exists in a State the mere wave of his hand, and tho Department of Justice almost appearing like to which Federal suppression shonlu be applied that the exercise of that authority the central bureau for the regulation of State elections. And still more than that, must be combinecl by a proclamation requiring the insurgents to disperse. we saw a. Federal judge in Louisiana, by a midnight order, uni"\"ersally recognized * * ':Ir * * * * as a gross and most unjustifiable usurpation, virtually making a State government What use is it to gi•e the purse and the sword to the House of Commons if th0 and Legislature, and the National Executive with the Army sustaining that usurpa­ King or the President by military power can determine what sh.all be the consti­ tion ana Congress permitting it to be done. tution of the Honse of Commons or the Honse of Congress~ And that is what And now the culminating glory to-day-I

ticular candidate, or set of candidates, the probability of improper influence be­ trine of local self-government. l'ifr. Hayes was quick to concur in comes still stronger. this policy, and it is an open secret that he was pledged to its ob­ But this distinguished law writer ha.schanged his views, like another servance before he assumed the helm of state. Ln.st year he approved contributor to judicial science who wrote commentaries upon the laws the bill that prevented the Army from being used as a JJosse ooniilatus, of England, and then saw fit to expound a different and conflicting and so I conclude be would be wholly unwarranted lJy his own record doctrine after be became a politician. "Is this the wisdom of a great on this subject to interpose his ...-eto upon tho merits of these bills. minister or tlle ominous vibration of a pendulum'" Junina's criti­ There can be no doubt tha,t a majority of tho chief ex.ecutives nf the cism of Blackstone in reference to his somersault in the celebrated St.ates earnestly desire the repeal of these laws. It will he rernem­ Luttrell case may justly be ma'de of our present Secretary of War in bereu that but a. few years a.go a. republican governor of Illinois (Gov­ re~arcl to his inconsistencies on the important question now before us. ernor Palmer) severed his connection with your party and left upon It is more pardonable for him to change his views, however, than record in the office of chief executive of that State a scathing rebuko it is to predicate that change'llpon the alleged imperfections of the to his party for its despotic teachings and practices upon this subject. election laws in certain States, that exist only in his own imagination. Governors Geary anu Hoffman, of Pennsylvania and New York, have For instance, on page 457 of the North American Review for May next, also spoken out in official papers in emphatic terms of condemna.tion. ho says, "the vicious practice of permitting an elector to Yote any­ Certainly, the people of the city of New York and the whole country where iu t.he co"!.lnty of his residence prevails in Arkansa.s and in Ken­ have had cause to bo profoundly disgusted with the operations of tucky," when the facts are that the constitutions of these States con­ the election laws under the damning manipulations of John I. Daven­ tain the following provisions respectively. port, chief supervisor of elections for that State. Article 3, section 1, of the former reads as follows: To properly understand and appreciate the outrages perpetrated El"ery male citizen who has re!'ided in the State twelve months and in the county by Supervisor, Clerk, and Commissioner Davenport, (for it seems that six months and in the voting precinct or ward one month next preceding any elec­ it was necessa,ry for him to hold three offices at one time to make tion where he may propose to vote shall be entitled to vote, &c. (See Charters and Constitutions, The United States, part I, page 157.) • effective the conspiracy that was formed,) it should be known that the testimony recently taken before a congressional committee shows And section 8 of article 2 of the constitution of the latter State, that in May, 1878, his chief clerk made a.single affidavit against ninety­ which was adopted in 1850, declares that : three hundred citizens of foreig-n birth, who had received, ten long Every whitd bless our native l::t.nd. But let us consider another important feature of this subject. Who Mr. GOODE. Mr. Chairman, the bill now under consideration, be­ should be held responsible fortbe consequences that will ensue if the sides making an appropriation for the legislative, executive, and President refuses to sign these bills f 1.'his is the great unanswered judicial expenses of the Governmen.t for the ne:s:t fiscal year, pro­ question before the people. It is said upon this floor that the repub­ vides for the repeal of certain sections of the Revised Statutes which lican party will :find vin

United States are hereby repealed, and that all jurors, grand and be called impartial from which ninety-nine hundredths of the com­ petit, including those summoned during the session of the court, shall munity who possess any intelligence whatever are excluded by oper­ be publicly drawn from n. box containing the names of not less than ation of law or the dictum of a judge f It is an historical fact, well three hundred persons possessing the qualifications prescn"'bed in sec­ known to this House, that during the civil war nearly all the white tion 800 of tho Revised Statutes, which names shall have been pfaced people of the South capable of bearing arms enlisted in the cause of therein by the clerk of the court and a commissioner to be appointed the southern confederacy. If they were too old or too young to per­ by the judge thereof, which commissioner shall be a citizen residing form military service, they gave aid and comfort and sympathized in the district in which such court is held, of good standing and a with those actually engaged in the rebellion, so called. These stat­ well-known member of the principal political party opposing that to utes not only disqualify and exclude from the jury-box every south­ which the clerk may belong, the clerk and said commissioner each to ern man who took up arms against tho Government, but even the pluceone name in said box alternately until the whole number required gray-hall:ed sire, tottering on the verge of the grave, who furnished shall bA placed therein. But nothing herein contained shall be con­ money, clothing, or anything whatever to the son who was "bone of strued to prevent any judge in a district in which such is now the his bone and flesh of his flesh," or the little boy whose natural in­ practice from ordering the names of jurors to be drawn from the stincts prompted him to sympathize with his father, or the good boxes nsed by tho State authorities in selecting jurors in the highest Samaritan whose kindly disposition would not allow him to withhold courts of tho States. What are the sections in reg:1rd to the qualifi­ assistance from the battle-scarred veteran on his weary and toilsome cations and selection of jurors which it is proposed by this bill to march. repeal f Section 820 reads thus : No distinction whatever is made between those who ma.y have been The following shall be causes of disqualification and challenge of grand and prompted by a spirit of hostility to the Government 'l.nd those who potit jurnrs in tho courts of the United States, ll;l addition to the causes existing may have been prompted only by charity or affection, or the tender­ by virtue of section 812, namely : Without duress and coercion to have taken up est and cl9sest ties which bind man to his fellow-man. AU are placed arms or to have joined any insnlTection or rebellion against tho United States; to ba•o adhered to any insurrection or rebellion, giving it aid and comfort; to have in the same category of proscriptfou and ostracism, and all are visited ~>en. directly or indirectly, any assistance in money, arms, horses, clothes, or any­ with the same pains and penalties. Those laws are ex post facto in thing whatever, to or for toe uso or benefit of any person whom the giver of such their operation. They presume the guilt of large classes in the com­ assistance knew to have joined, or to be about to join, any insurrection or rebel­ munity, and require them to re0move that presumption by an expur­ lion. or to have resisted, or to be about to resist, with force of arms, the execution of the laws of the United States, or whom he had good grounu to believe to have gatory oath. Nothing could be more subversive of the spirit of our joinoo, or to be about to join, any insurrection or rebellion, or .to have resisted, or institutions, nothing more repugnant to the genius of the common to be about to resist, with forco of arms, the execntiou of the laws of the United law, than such an inquisition into the consciences of men. The States ; or to have counseled or a-Ovised any person to .ioin any insurrection or re­ Supreme Court of the United States has decided, in Cummiu~'S vs. bellion, or to resist with forco of arms the laws of the United l':;tates. The State of Missouri, anu in Ex parte Garland, that ''deprivation or Section 821 reads as follows: suspension of any civil rights for past conduct is punishment for such .At every term of any court of the United States tho district attorney, or other conduct" and that a legislative act which inflicts punishment with­ person acting on behalf of the United States in said court., may move, and the court, m their tliscrelion, may reqniro the clerk to tender to every person summoned to out a ·judicial trial is a bill of attainder. serve .as a grand or petit juror, or .-eniroman or talesman, in said court, the fol­ It has also decided in Klein's case ancl in other cnses that the lornng oath or affirmation, namely: "Yon do solemnly swear (or affirm) that yon effect of the general pardon n.nd amm:sty grnntecl by the President will support the Constitution of the United States of America; that yon have not, in December, 1868, is to blot out and obliterate forever the offense of without duress and constraint, taken np arms or joined any insurrection or rebel­ lion against the United States; that you have not adhered to any insurrection or thosd engaged in the rebellion and to make them in contemplation rebellion, girtng it aid and comfort; that you have not, directly or indirectly, given of law innocent and loyal citizens. It says tha.t pardon includes any as,istance in money, or any other thing, to anv person or pElrsons whom yon amnesty and that it blots out the offense par<.loned and removes all knew, or had JtOOd ground to believe, to have joined, or to be about to join, said in­ itS penal consequences. In view of the plain provisions of the Con­ surrection or rebellion, or to have resisted, or to bo about to resist, with force of arms, the execution of the laws of the United States; and that you ha\e not coun­ stitution, in view of the decisions which hn.ve been rendered by the seled or a.drised any person to join any insurrection or rebellion against, or to re­ highest judicial tribunal in the land, and in view of the manifest sist mth force of arms, the laws of the United States." Any person declining to hardship and injustice of these statutes, it appears to me to IJe ·'strange take said oath shall be discharged by the court from aerving on the grand or petit and passing strange" that any fair-minded m:m of any party can. be jury, or venire, to which he may have been summoned. found to object to their repeal. Now, Mr. Chairman, it is well known to this committee that nearly Why continue them as a stigma and reproach upon the stato te-book all the white people of the South wonlcl be compelled to decline that at . this late day, fourteen years after the termination of the war Y oath or else take a. lie upon their lips and stain their souls with per­ Why require a test oath of a juror which is not reqnired of the Rep­ jury. These statutes were enacted in 1862, flagrante bello, while the resentative who makes the law orthe judge who interprets it T There two sections of the Union stood face to face in hostile array, dissev­ are nearly one hundred gentlemen upon this floor who could not con­ ered and belligerent, and the whole land was convulsed by the throes scientiously take that oath. Nine-tenths of the judges and district of a mighty revolution, such as the world never saw before. Four­ attorneys and marsha.lR who enforce Federal laws at the South are teen years have now elapsed since the termination of the war. Abun­ unable to take it. One of your cabinet ministers is unable to take it. dant harvests have been gathered year after year from fields which Several representatives of the Government abroad are unable to take have been made historic by the tread of contending armies. Year it; ::md yet you continue in operation a law, enacted in the midst of after year the beautiful flowers of spring have been scattered by the the excitement and passion engendered by the war, which disquali­ band of affection over the graves of those who bravely encountered fies from jury service any n.nd every man who is unable to take it. each other amid the shock of arms. The bones of the unselfish heroes Can the republicans afford to stand upon such an issue before the who wore the "blue and the gray" have long since commingled in country' Can they afford, in ::i. time of peace, to challenge the con­ one common dust. fidence of the country as the champions of odious n.nd obnoxious test Shall these laws which grew out of the war and are a part of the oaths, utterly repugnant to the genius and spirit of our institutions T legislation of the war be continued upon the statute-book' Have If the issue shall be forced upon us we are willing to submit it to the they not served the purpose for which they were intended, and should grand inquest of the nation, with an abiding faith and unshaken trust they not now be put away amid the other unhappy memories of the in that spirit of fairness and love of justice which characterize the warY While they exist are they not a perpetual stigma upon the American people. people of the South, and are they not a standing reproach upon the It is provided further by this bill that sections 201G, 2018, 2020, American statute-book T :tncl all of the succeeding sections of the Revised Statutes down to The sixth amendment of the Constitution provides that in all crim­ and including section 2027 and also section 5522 shall be repe::i.led. inal prosecutions the accused shall enjoy the right to a speedy and In other words, Mr. Chairman, the bill proposes to repeal all the sec­ public trial by an impartial jury of the State and district wherein tions of the Revised Statutes and all la.ws and parts of laws which the crime shall have been committed. That is the language of the authorize the appointment of chief supervisors and special or general Constitution, but what is the language of the statute T Section 820 deputy marshals of elections. It does not propose to repeal sections absolutely disqualifies from jnry service every man who has given 2011, 2012, 2013, 2014, 2015, 2017 of the Revised Statutes, which au­ directly or indirectly :my assistance in money, arms, horses, clothing, thorize the judge of the United States court to appoint supervisors of or anything whatever for the use or benefit of any person whom the the election, representing the different political parties at each pre­ giver of such assistance knew to ha.ve joined, or whom be bad good cinct, who are authorized to attend at all times and places for holding ground to believe to hn.ve joined, or to have counseled or advised any elections of Representatives and Delegates in Congress and witness person to join, ::my insurrection or rebellion against the United States. the counting of the votes cast at such elections. Section 821 authorizes the district attorney to move the court, and the All the sections of the Revised Statutes authorizing supervisors to court to require in its discretion the clerk to tender to every person attend at the polling places to scrutinize the method of conducting summoned as a juror an oath to the following effect: That he has the election and to witness the fairness of the count n.re permitted to not adhered to the rebellion or given it aid and comfort; that he has stand uurepealed. What more can gentlemen reasonably domaud Y not, directly or indirectly, given any assistance in money or any other At the last session of Congress tho majority in this House insisted thing to any person whom he knew to have joined or to be about to upon the abolition of all supervisors and of all marshals, genera.I and join, or to have counseled or advised a.ny person to join, any rebellion special, and the repeal of all laws regulating the conduct of elections against the United Stat.es. by Federal officials. The legislative, executive, and judicial appro­ I submit that these two sections are directly auta.gonistic to the miation bill was defeated on account of a disagreement between the sixth article of the amendments to the Constitution. How can that two Houses on this subject, and in consquence of that disagreement ,inry bo called impartial which may thus be packed by the order of a this extra session of Congress was called by the Executive. Now we judge upon the motion of a district attorney T How can that jury come in a spirit of harmony, conciliation, concession, and compromise 1879. CONGRESSIONAL RECORD-HOUSE. 919

~d tender to-the other side the olive branch of peace. We propose to supervise and control the action of State officials under State laws to retain the sections which autho~ the appointment of Federal and State regulations. It is not made their duty to bring to trial and .supervisors at each precinct to scrutinize the returns and supervise punishment after the election those who have violated the laws gov· the conduct of the elections, but we demand the abolition of the office erning elections, but their sole function is to supervise the conduct -of chief supervisor and we demand that Federal marshals, general and interfere with ·the freedom of the electors before and on the day and special, shall be kept away from the polls. of the election and to make arrests with or without due process of But how has our overture been met by the other side f Has a cor­ law. responding spirit of concession and compromise been manifested by These statutes authorize the supervisors to attend at all times and them f On the contrary we have been deliberately fired upon while places :fixed for the registration of voters and to challenge any person bearing this flag cf truce, and we are tolcl in bold and defiant terms offering to register; to personally scrutinize, count, and canv::i.ss by the minority on this floor that all these odious and obnoxious laws each ballot cast at the election, whatever may be the indorsement which sprang from the hatred and passions of the war must and shall onthe ballot, or in whatever box it may have been placed or be found; ,stand intact and unrepealed or the appropriation bill shall fail a.nd to make reports to the chief supervisor, who is authorized to summon the wheels of Government shall stop. Let me say to the gentlemen witnes::ies, compel their attendance, and administer oaths. It author­ -on the other side, in all kindness, that they seera to misunderstand izes the chief marshal of any district to appoint as many deputy mar­ entirely the spirit and the motives which animate gentlemen on this shals as he may think proper. It authorizes the chief marshal and -side. Earnestly desirous as we are to put an end to this controversy, his deputies, general and special, to a.ttend at any place of registra­ we have offered to you a fair and liberal compromise. If you think tion or voting, to arrest and take into custody, with or without pro­ the exigencies of party require you to reject it, then upon your heads cess, any person who commits or attempts to commit any offellS6 must rest all the responsibility for the consequences which may fol­ against the laws of the United States. It authorizes the marshal low. I am one of those who believe that there is no warrant in the and his deputies, general and special, to summon and call to their aid Constitution for the enactment of any of these laws now on the statute­ the bystanders or posse co1nitatitS of the district. Let us see, now, book which authorize the appointment of Federal supervisors or Fed­ Mr. Chairman, what interpretation has been placed upon these stat­ eral marshals to supervise the conduct of elections. It is true the utes by the law officers of the Government, and how they have been fourth section of the first article of the Constitution provides: enforced. The tinies, }llaces, and manner of holding elections for Senators and P.epresent. On the 14th day of September, 1876, Alphonzo Taft, then Attorney­ :atives shall be prescribed in each State by the Legislature thereof; but the Con. General of the United States, issued a circular letter of instructions gress may at any time by law make or alter such regulations, except as to the in which he informed his chief marshals that deputies might be ap­ places of choos~g Senators. pointed to any number whatever according to their discretion. Let It will be observed that as to the State Legislatures in tliis con­ me extract a passage or two from that remarkable circular: nection tlie word "shall" is used, and as to the Congress the word In this connection, I advise that you and each of your deputies, general and "''may' is used. Now what is the plainmeaning of thissection 7 In special, have a right to summon to your assistance in preventing and quelling dis­ order every l>erson in the district above fifteen years of age, whatever may be my judgment it intends to declare that the duty is imposed upon the their occupation, whether civilians or not, and including the military of all denom­ Stato Legislatures to prescribe the times, places, ancl manner of hold­ inations, militia, soldiers, marines, all of whom are a.like bound to obey you. The ina the elections for Senators and Representatives, but if the State fa~t that they a.re or,!tanized as military bodies (whether of the State or of the L:'gislatures shall fail or neglect to perform tbn.t duty then Congress United States) under the immediate command of their own officers does not in any is permitted to exercise the power in order to save the structure and wise affect their legal character. They are still the posse comitatus. perpetuate the existence of the Go-.ernment. Congress may act if And again, he says : there is a necessity for it on account of the failure or neglect of the There is, as you have virtnally been already told, no officer of a. State whom you may not by summons embody into your own posse; and any St.ate posse already State , or if the States shall prescribe regulations which are inade­ embodied by a sheriff will, with such sherifl; be obliged, upon your summons, to quate or unsuitable to accomplish the end in >-iew; then Congress in bee-0me part of a United Sta.tea posse and obey you or your deputy acting virtute its wisdom may alter such regulations; in other words, the manifest ojficii. purpose of this section is to enable Congress to perpetuate its exist­ In other words, Mr. Chairman, according to this circular letter of ence and provide for full representation if the different State govern­ instructions, the marshal may appoint deputies without limit a8 to ments, from any cause, should neglect the performance of that duty. number. He may in his discretion appoint every republican voter in Surely, Mr. Chairman, it cannot be contended upon any fair rule of the district. The marshal or either of his deputies, general or special, ~onstruction thn.t this cln.use in the CollBtitution confers upon Con­ may arrest and take into custody upon suspicion, with or without gre s tl.ie power to do anything more than to regulate the times, process, any democratic citizen who offers to vote; and if resistance places, and manner of holcling elections for Senators and Represent­ is made he may summon to his aid every person in the district above .ati ves. It certainly does not confer upon Congress the power to fifteen years of age, whatever may be their occupation, whether prescribe who shall and who shall not be entitled to vote. The States, civilians, militia, United States soldiers, or marines. Every officer and the States alone, have power to fix the rule of suffrn.ge and to of the State or of the United States is bound to obey the commands prescribe the qualifications of the voters. That question is settled of the marshal or his deputies. beyond the possibility of controversy by the second section of article The governor of the State at the bead of his militia or the com­ 1 of the Constitution, which provides that "the House of Represent­ mander of t4e Army at the head of his soldiers is liable to be ordered atives shall be composed of memberschosen every secondyearbythe hither and thither by any deputy marshal, however ignorant and in­ people of the several States, and the electors in each State shall have significant he may be. Such are the provisions of the obnoxious. the qualifications requisite for electors of the most numerous branch statutes which we desire to repeal, and such is the interpretation of the State Legislature." which has been placed upon them by the highest law officer of the The Federal Government has no power whatever to prescribe the Government. It is well known to this committee and to the country qualifications of the voters in a.ny State. It has been cfaimed by how these laws have been enforced. Thousands of supervisors and some that the :fifteenth amendment of the Constitution confers that marshals have been appointed, and hundreds of thousands of dollars power, but the most cursory examination will show that the claim is have been expended. The law has been used as a mere machine for altogether unfoun~ed. That amendment provides th~t "the right of the purposes of party. The money drawn by taxation from the citizens of the Umted States to vote sha.11 not be demed or abridged pockets of the people has been expended for the benefit of party. by the United States or by any State on account of race, color, or Instead of being the faithful and conscientious officers of Govern­ previous condition of servitude." I~ any dt?ubt whateve~ could be ment, these supervisors and marshals have been in many instances entertained as to the proper construction of this amendment 1t must be nothing more nor less than the paid agents and pliant instruments of entirely dispelled and removed by a recent decision of the Supreme party. In the city of New York, at the November election in 1876 Court, with which gentlemen are familiar, in which it was held: four thousand citizens were arrested in a single day upon the affida­7 The power of Congress to legislate at all upon the subject of voting at State vit of a single man. elections rests upon this amendment and can be exercised by providing a punish­ Those who surrendered their rights as American citizens and prom­ ment only whe? the wrongfu~ refusal to receive th;e vote of?'. qualified ~lector at ised not to vote were released upon their own recognizance. The such elections 18 because of his color, race, or previous condition of servitude. others were held as prisoners until the close of the polls at sundown, The General Government cannot confer and never has undertaken when they were set at liberty. Can any additional argument be to confer upon any citizen the right to vote. None can exercise the necessary to demonstrate the propriety and necessity of repealing stat­ right of suffrage except those who possess the qualifications required utes which authorize and sanction the perpetration of such wrongs of the voters for the most numerous branch of the State Legislature. and outrages upon any portion of our countrymen ' This is not a Congress has no -power in the premises, except to make or alter the sectional question. It does not concern the people of the South re!!Ulations fixing the times, places, and manner ·of holding elec­ alone. It concerns all the people of America. It involves the per­ ti~ns for Senators and Representatives. It will appear from a closer sonal liberty of the citizen. It involves that most sacred and ines­ examination of this subjeot, that Congress bas not undertaken to ex­ timable of all his rights, the right to a free and fair election, the ercise this power in the enactment of the statutes which it is now riaht to cast bis ballot unawed and unintimidated by any influence sought to repeal. It has not undertaken to prescribe the times, places, whatever. These obnoxious statutes were born of the passions and and manner of holding the elections for Senators and Representatives. prejudices engendered by the war. They are a part and pa.reel of Congress has not undertaken either to make regulations for congres­ the legislation resulting from the war. Has not the time now ar­ sional elections in the several State~ or to alter the regulations which rived when they should be repealed T Are they not wholly unwar­ have been made by the States. Congress has accepted and adopted ranted by the Constitution, utterly subversive of popular liberty, and the regulations ma-de by the States and has undertaken to prescribe clearly repugnant to the genius and spirit of our free institutions f punishment for their violation. It appoints supervisors and marshals Are they not a standing reproach upon the statute-book, and do they 920 CONGRESSIONAL RECORD-HOUSE. APRIL 25, not imply a real distrust of the capacity of the people for self-gov­ mon brotherhoGd. Let us hope, Mr. Chairman, that the Representa­ ernment f tives of the people here assembled may be animated by that spirit, Have we not had enough and more than enough of war legislation that hereafter they will look more to the future than to the pa.st, and to satisfy the most vindictive and relentless spir~t i Fourteen years instead of wasting their energies upon the dead issues of the war ago the people of the South relinquished the struggle which they had they will dedicate them to the re-establishment of a lasting peace, made and surrendered to the victorious armies of the Union. They to the development of oar material resources, the rnstoration of our acquiesced in the thirteenth, fourt~enth, and fifteenth amendments ruined commerce, and therevivalof our prostrate industries. If they of the Constitution. They accepted in good faith all the consequences will do this, the just expectations of the people will be fully realized o.f their defeat and all the terms imposed upon them by their con­ and the long-predicted era of plenty and prosperity will soon dawn querors. When that was done and they had returned to their allegi­ upon the land. ance to the Constitntion and the Union they expected, as they had Mr. PRICE. When the gentleman talks of the charity and helping a right to expect, that they would be received as coequals, and that hand extended to the South during its affiiction la.st summer from they would be treated with justice if not with magnanimity. In the North, I wish to remind him that every man on this side of the their poverty and distress they have borne uncomplainingly more .House participated in that act. than their equal proportion of the burdens of government, and have Mr. GOODE. And therefore, sir, I prefer to believe as I do that performed faithfully all the duties incumbent upon them as good citi­ the gentleman from Iowa, [Mr. PRICE,] my reverend brother, is only zens. Their Representath'"es upon this floor, when they have pro­ acting a part on this particular occasion; that he is only skirmishing tested that their most earnest aspiration was for ala.sting aud endur­ preliminary to the campaign of 1880; that he has made a mistake in ing peace, have been treated with derision and contempt, and plainly the tactics which ho has adopted, ancl that the time will come when told that all their professions were hypocritical and insincere. Their the people behind him will say that he has not given utterance to State governments at home have been overthrown, their legislative their sentiments upon this :floor. · assemblies have been dissolved, and the mandates of their supreme Mr. PRICE. I wish to tell the gentleman from Virginia. that the courts have been nullified by the simple edict of a Federal judge. people behind me whom I represent stand up to me for everything The privilege of the writ of habeas corpus bas been suspended, and that I have done a.nd sn.id; and I have said nothing and d(;>ne noth­ helpless, unarmed citizens have been subjected to the arbitrary rule ing anywhere on any occasion different from tha.t which I have said of military masters. Their state-houses have been filled with sol­ and done here in this House. diers of the regular Army with fixed bayonets guarding the entrance Mr. GOODE. I believe the time has come when the great boS.y of to the halls of legislation, while the corporal of the guard has in­ the people of the North will rise up and say, when a gentleman gives spected and decided upon the credentials of the members. utterance here to sentiments of revenge and hate, that he is no1' a fair A few years since an imperial edict was issued by the modern Cresar representative of northern sentiment. forbidding the citizen soldiers of South Carolina to assemble peace­ Mr. PRICE. The very same speech I ma.de here I made over a hun­ ably for the purpose of celebrating the birthday and commemorating dred times in my district. [Laughter.] the virtues of the Father of his Country; and to-day in the same un­ Mr. GOODE. I am sorry to find the gentleman is so obdurate, but happy State we see the modern Jeffreys prostituting his high office to we are told tha.t- the base purposes of party, and in the very wantonness of power, While the lamp holds out t.o burn through the agency of pa.eked, iron-cla.-0. juries, sending to imprison­ The TI.lest sinner may return. ment and exile good and true men," the latchets of whose shoes he [Laughter and applause on the democratic side of the House.] is not worthy to unloose." Mr. PRICE. I can tell the gentlem:1Il that that applies exactly During the progress of this debate it seems to have been the delib­ and is encouraging to the other side of the House. [Laughter and erate purpose of many prominent gentlemen on the other side to re­ applause on the republican side of the House.] vive sectional issues which should have been long since forgotten, Mr. GOODE. I believe that the gentleman from Iowa has not ex­ and to rekindle bitter animosities and hates which shonltl have been pressed his real sentiments. I believe that he is too kind-heat•ted, long since extinguished. While listening to those gentlemen I would too benevolent a gentleman. I believe that he is engaged in the nave been disposed almost to despair of the Republic a,nd to conclude preliminary skirmish for the campaign of 1880; and while I am not that the paBSions and prejudices engendered by the war would sur­ a prophet nor the son of a prophet, and while I do not profess to be vive this generation and be transmitted to our la.test posterity, if I gifted with the spirit of prophecy, I undertake to predict that wken could have believed that they re.fleeted fully and fairly the senti­ the gentleman from Iowa goes back to his people they will tell ments and feelings of the great body of the people whom they pro­ him that the time has come when he as a Representative ought to fess to represent. reoognize the fact that the war is over and that its issues have been But, Mr. Chairman, as an American citizen, proud of my country fought out and decided. [Applause on the democratic side of t he and hopeful of its future, I prefer to believe that these gentlemen are House.] only acting a part for this particular occasion; that they are simply Mr. PRICE. Every time I make that speech to my people it in­ skirmishing for position in the presidential campaign of 1880 ; that crea,ses my m:i,jority. [Laughter.] When, in the last canvass. I they have made a mistake in the tactics which they ha.ve adopted, quoted to them what the gentlem::m who is now speaking [Mr. and that the feelings of revenge- and hate to which they have given GOODE] said to bis people when he went home, that the northern utterance here do not find a lodgment in the breasts of my fellow-citi­ people did not look with much favor on southern claims during the zens at the North. Turningawayrather in sorrow thaninangerfrom preceding Congress, but that he thought they would when the next this unseemly spectacle, and unwilling to listen to the voice of crim­ Congress met, I made that speech, quoting the remarks of my friend ination and recrimination which has continually vexed the ear of this on the other side to my people, and my people increased my majority. House and the country ever since we assembled in extra session, I Mr. SPARKS. I wish to suggest to the gentleman from Iowa that prefer to believe that the people of the North, unlike some of their in districts near his own the lightning has been striking. [L3.ughter Representatives here, recognize the fact that theJVar is ove1·; that its and applause.] It may strike the gentleman's district. issues have been fought out and decided, and that the rehabilitated Mr. PRlCE. Ob, no; that district struck by lightning is not near States of the South are now coequal sovereigns in our confederated mine, it is much nearer sundown. No danger of that kind of light­ Union. ning in my district. Instead of the "vorgons, hydras, and chimeras dire," which are Mr. GOODE. All I have to s::i.y is this: if the gentleman under­ daily held up to our ~ontemplation here, I prefer to look upon another takes to go forth in all time as the champion of the doctrine of re­ picture which is to me much more pleasing and refreshing. I allude venge and hate, I have such an abiding faith, such an unshaken to the fraternal reunions of the real heroes of the war, the survivors trust in the love of fairness, in the love of truth which has al ways who wore the "blue and the gray," and thedecorationsofthegraves characterized the American people, that in such a contest I am will­ of the martyred dead on both sides who had the courage to die for ing to submit the issue to the grand inquest of the nation, believing their convictions. Amid the din and tumult of the hour, while '}ar­ that the verdict will be that they are heartily sick a.nd tired of the pet-knights are tilting in the forum of debate and waging a relent­ war and all its issues, and that their chief aspiration now is for that less war of "words, words, words," I prefer to recail to my recol­ pe:lce without which there can be no return of prosperity to our com­ lection and to dwell with satisfaction and pleasure upon another mon country. picture which was presented to the people of this country in the Mr. HISCOCK. Mr. Chairman, the Forty-fifth Congress ailjoornemocra.tic side.1 We will not yield. voters of the country, and they are the grievances of the other side Sir, it is not my purpose to quote here more of your party who, fol­ the democratic side, and which, it claims, justify these revolutionary lowing your example, have tendered the issae,-the Pre~ident must assaults upon the Constitution, upon the life of the nation even, for approve a bjll against his judgment and his conscience, surrender his the~ repeal. There was no offense committed, as I hope to show, by constitutional prerogative, or the nation shall die. I understand it their enactment, against the Constitution, and through them no offense to have been a race upon your side of the Chamber who first would can be committerl against honest men by the President or the officers get to your line of battle. I have carefully listened to or read all the of the law. They were passed by a Congress, I believe and the coun­ speeches made by your friends, and if there have been faltering words try believes, animated by as lofty a patriotism, as great a lovo for they have not reached my ear. the country as this. As has been said before in this discussion there I have said we have no assurance if the pending bill becomes a law is no popular demand for the repeal, bat by party leaders it has been the danger to the Government is passed. We of the republican party determined upon as a. party necessity. have been accustomed to look back upon what you term the darkeneu ~'irst w~ have provisions for the appointment by the circuit courts pages of this" country's history for the pa.st seventeen vears" with ?f the U~1ted States of two supervisors of election, of different polit­ honest pride and point to a great rebellion crushed, a great nation ical parties, for each electio1t district in any city of upward of saved from dismemberment, a national disgrace removed, an enslaved twe~ty thousand inhabitants, when applied for by two citizens thereof; race enfranchised, and the foundations laid broad and deep for national and m any county, parish, or congressional district, when a.pplied for progress,_ national prosperity, greatness, and the happiness and lib­ by ten citizens thereof of go11c1 standing. Then follows "a. griev­ erty of toe people. And what, sir, is there in the ''last seventeen ance,' a "war measure;" section 2016 of the Revised Statutes: long years" that justifies the rhetorical flourish: SEC. 2016. The.supervisors of election, so appointed, are authorized and required to ~ttenll at all times an~l places fixed for tho registration of voters, who, being "Better far in the face qf the record that they [the republicans] have ma.de better listen patiently to the confirmed ineb1 iate as be dilates upon the virtues of registered, would be entitled to -vote for a Representative or Dele~ate in Cong:res.'l temperance, better let the queen of the demi-monde elaborate the beauties of feruafo and to challenge any person offering to register; to attend at all times and place~ virtue, or let the devil prate of the scheme of uni versa! salvation; than for homilies when the name~ of registered -voters may be marked for challenge, aad to cause such.names re~tered ~s they may deem proper to be so marked; to make, when upon good morals, and lectnres upon re-volutionary legislation from such a sonrco. reqmretl, the lists, or either of them, provitled for in section 2026, and verify t,ho The fall offense of the republican party daring that period is the sam~; and u~on any occasion, and at any time when in attendance upon the uuty herem ~r~scn~ed, ~o person~lly ~spi:cr. and scrutinize such registry, and for pnr­ saving of the nation when you would have destroyed it, and what poses of identification to affix their signature to each page of the OrI{.rinal. list, and are the" war measures like these" you menace¥ Are we to under­ of each copy of any such list of registered voters, at such times, upon each day stand it is your purpose to turn back the wheels of time and tear out w~en. any J?-11':11-e may be recoi-ved, entered. or registered, and in snch manner as will, m then' Judgment detect and expose the improper or wrongful removal thei-e­ seventeen years of national history, undo the legislation of seventeen from, or addition thereto, of any name. years w bich, if they have wrought great political changes, have been SEC. 20l8. To the end that each candidate for the office of Representative or in the direction of national progress 'I ~elegate in C~ngress ma.v obtain tho benefit of every \Oto for him cast, the super­ We must in disco ·sing this question, it is but fair, keep in view visors of election are, ancl each of them is, required to personally scrutinize, count a.nd canvass each ballot in their election district or "\"oting precinct cast whateve; who menace, who lead the a~sault upon past national legislation, who may be the indursement 011 the ballot, or in wh

.no person shall be arrested without process for any offense not committed in the secession was unconstitutional, but also that all the measures aclopt~d p1·esence of the marshal or his general or special deputies, or either of them, or of the supervisors of election, or either of them, and, for the purposes of arrestor the to suppress it were unconstitutional. As in the case of the illegal preserval>ion of the peace, the supervisors of election shall, in the absence of the vote, the only redress was a warrant from a magistrate. .marshal's deputies, or if required to assist such deputies, have the same duties and I suppose eloquent gentlemen on the other side will any day outdo powers as deputy marshals; nor shall any person, on the day of such election, be us in denouncing illegal voting. Their denunciation of the crime .arrested without process for any offense committed on the day of recistration. SEC. 2024. The marshal or his general deputies, or such special d'eputies as are will only be equaled by their denunciation of laws to prevent it. Let thereto specially emJJowereu by him, in writing, and under his hand and seal, me fairly state your position: Fraud in the election of a Representative -whenever he, or either or any of them, is forcibly resisted in executing their duties to this House is very wrong, but it is equally wrong for Congress to undor this title, or shall, by violence, threats, or menaces, be prevented from exe­ pass a law to prevent it; Congress can pass no law to prevent ga.ngs cu~g such duties, or from arresting any person who has committed any offense "

-elections laws to secure an honest electio.11 and give the proper officers resolution of the Legislature of that State, which I ask the Clerk to -the authority to execute them. This is a question of power. And sup- read. pose a State Legislature ha.d made no provision for an election of Rep­ The Clerk read as follows : -resentatives in Congress; I then judge, by the line of argument pursued STATE OF NEW YORK, IN SENATE, by some of the speakers upon the other side, Congress might; and this Albany, April 9, 1879. -concedes the issue, for the question involved is not one of propriety .R.esoked, (if the a-ssembly concur,) That the refnsal by a. partisan majority in Con· gress to appropriate for the support of the National GOvernment the moneys raised but of constitutional power. by the people for that purpose, except upon condition of the repeal or amendment I have urged the constitutional right to make laws infers the power of existin~ law, is a dangerous violation of the Constitution, amounting practically of their enforcement; that whatever laws Congress may pass upon to revolution, which should be at all times resisted by the Executive by all consti­ the subject she can compel the observance of under the Constitution. tutional means, and especially in the present crisis, when an attempt is being made to prostrate just laws heretofore enacted for the protection and purity of the elect­ I have already said all the authority is to the effect this provision ive fra.nchiso under threat of withholding the means for carrying on the Govern· was intended to perpetuate the legislative branch of the Government. ment which the Constitution enjoins. • The last subdivision of section 8, first article of the Constitution, Resolved, (if the assembly concur,) That a copy of this resolution be sent to each provides Congress has power" to make all laws which shall be neces­ Senator a.nu Representative from this State in the Cungress of the United States. .sary and proper for carrying into execution the foregoing powers," STATE OF NEW YORK, IN SEXATE, April 9, 1879 • (and perhaps it will be urged this applies to the powers only in sec­ 'Ihe foregoing resolutions were dnly passed. By order: tion 8~) "and all other powers vested by this Constitution in the Gov­ .TORN W. VROOMAN, Clerk . .ernment of the United States." Under this provision Congress has IN ASSEMBLY, .April 21 I 1879. passed all the laws against obstructing mails and robbiug them, the ConcuITed in without amendments. -0nly other provision of the Constitution, reserving to Congress the By order of assembly: power "to establish post-offices and post-roacls." EDWD. W . J OHNSON, Clerk. The Constitution declares "Congress shall have power to lay and Mr. FINLEY. Will the gentleman allow me to ask him a ques­ -0ollect taxes, duties, imposts, and excises;" and thereupon and under tion f Was not that passed by a striQt party vote f the provision cited for carrying into execution the powers granted Mr. McCOOK. It was passed by the Legislature of the State of Congress we have our whole system of criminal laws to punish smug­ New York. gling and violations of internal-revenue laws, and yet under the same Mr. FINLEY. And by a strict party vote f authority, we are told, Congress cannot provide for the enforcement Mr. McCOOK. I presume so. of the laws it may legally enact to protect the bailot-box from illegal Mr. Chairman, I do uot know that I can say anything new in re­ votes, and provide for an honest count at the election of Representa­ gard to the measures under discussion; but as I am absolutely cer­ tives to this House. tain that the city which I have the honor in part to represent is vitally The gentleman from Kentucky [Mr. CARLISLE] seems to have dis­ interested in· that portion which secures to us an honest vote and a a sing tickets. aml names of Yoters- 1879. CONGRESSIONAL RECORD-HOUSE. 925

were ent.ered on the poll lists, and democratic tickets counted as if voters repre­ senting them voted, when no such person voted at all. length of residence, place of birth, chn.racter, &c. One individual 6. To accomplish these frauds gross neglect of daty and disregard of law so appeared as witness 455 times in the supreme court during October great a.a to evince a criminal purpose prevailed in some of the courts, while officers and an examination of the record shows that the same man appeared and democratic partisans of almost every grade, either by official influence or oth­ on the same day 299 times in the superior court. Another is down a,q erwise, aided. sanctioned, or knew of and failed to prevent them. The same influ­ ences shieldey no means adequate. support them, and granting certificates in fictitious names and with­ Mr. Chairman, prior to the year 1868, naturalizations in the city out t.he presence of the applicant, were some of the means by which were effected only in the court of common pleas and the superior the Tammany democracy proved their devotion to the principles of court. The average number naturalized each year in the two courts the Constitution. from 1856 to 1867 inclusive was 9,207. On the 6th of October, 1868, The occasion, too, was one that called for the exercise of their high­ however, the supreme court, presided over by Judge Barnard, after­ est powers. The republican cap.dienport, Muirhead, ancl Allen, the United States in their anxiety for a fair ballot a.nd an honest count supplied por­ functionaries, and their subordinates, was eminently just, wise, and conducive to tions of New Jersey and Connecticut out of their abundance. a fair public expression in a presidential year of unusual excitement ~d great The paper~ were distributed in bundles .to.groggeries and groceries, temptation. to houses of ill-fame, to bar-rooms, and billiard-rooms, in blank, and * * * Both political organizations presented applications for the appointment of super- :filled up as men called for them. They were sold in scores of places visors. The court, following the decision of .Judge Woodruff in 1872, reco~mzed for from fifty cents to $2 each. the lists which were indorsed by the State and national committees. Objections Professional witnesses were employed in shoals and openly and no­ were made and heard, so as to pur.e;e the lists, and in the whole five hundred a.nd sixty-nine electoral districts two supervisors of different parties were on hand to toriously advertised their infamy. Eighty witnesses appeared for supervise the registry a.nd aid the local or State officials. over 9,000 applicants, swearing t o their p ersonal knowledge as to • 926 CONGRESSIONAL RECORD-HOUSE. APRIL 25,

The United States marshal, district attorney, and the counsel of the corporation it wa. ef isms, mspired by a desire for an honest vote among the people, who were especially citizenship (commonly known as na.turalization papers) purporting to have been jealous of it on account of what was occurring elsewhere, one thing the committee issued by the supreme and superior courts in tho city of New York in the \ear must report, that it approximared as near to perfection as it was possible to do. 1868. Such complaints further charge the holders of snch certificates with hav­ There were no riots, no fights, no bayonets, no disturbance, no conflicts of author­ ing fraudulently registered thereon a£ the last congressional election in 1876. These ity, and none of the concomitants which accompany fraud ancl endanger free insti­ a.re offenses a~ainst the laws of the United States. As some of the persons holdin~ tutions. such certificates may be lawfolly entitled to be naturalized. and as many of them The people of the country owe a tribute of respect to the police of a city of more were possibly ignorant and misled, and in order that no in.,iustice may be done to than a million, and to the United States officers, who numbered thousands, for the any person now willing to obey the law, I hereby give notice that each person harmony of action between the various officers, so as to illustrate to all the world against whom such complaint has been made can avoid arrest and prosecution by how the imperial island city can conduct herself under great excitement and in appearini:i; before Commissioner Davenport, in his office, in the United States district view of startling events. court building, room 1, fourth floor, on or before tho 21st day of September next, (1878,) and surrendering such certificate, if, upon examination, it shall prove to be The report from which I have read extracts is signed by three dem­ fraudulent. For the convenience of such of the accused as are labo1ing-men. the United Stares commissioner's office will, on and after Monday, the 26th instant ocratic members of Congress, Mr. Cox of New York, Mr. Rice of Ohio, and until Saturday, September 21, proximo, be kept open until eight o'clock ana1 and Mr. Waddell of North Carolina. thirty minutes in the ernning. Mr. Chairman, the next time this law was brought prominently STEWART L. WOODFORD, before the country was when my colleague [M1'. WooD] rose in bis United States Attorney. place and denounced it, a~ well as the officers who two years before As a result of this first notice over one thousand persons appeared had been complimented by Mr. Cox. As I have before stated, this and surrendered their certificates. occurred within a month of the overwhelming defeat of the demo­ On the 21st of September a notice of a substantially similar charac­ cratic party at the congressional elections of la.st fall in the State of ter was given, extending the time to October 12. In response to this New York; and, as we have seen, it led to the appointment of another notice over two thousand persons appeared and surrendered their committee of investigation. Long before that report could be made certificates; and on the last-mentioned date a tl;Iird aind Ja.st notice to the House the democratic party in the Forty-fifth Congress bad was sent out, extending the time until November 1. determined to repeal the law; and, with _the knowledgo of the fact Under these three notices thirty-four hundred appeared and, with­ that after March 4 both Houses of Congress would be democratic, out compulsion or coercion, voluntarily surrendered thBir certificates they attached the repealing clauses to an appropriation bill, knowing of naturalization. In the case of each individual the surrender was. that a republican Senate would not agree to them. The result was accompanied by a deposition subscribed by him in the following as they expected; and now, with House and Senate in political accord, words, and it can l>e found on pa,ge 552 of the evidence taken by th& the Government is threatened with starvation unless the President Lynde committee of the l~t House: approves a bill or bills submitted to him. THE U~J:TED STATES} The election law that .Mr. Cox two years !igO spoke of as "approx­ vs. imating perfection" is now denounced as "partisan" and "uncon­ ----. stitutional," and this, too, when the agents who enforced it are the SOUTHERY DISTRICT OF NEW YORK, SS: same and the means by which it waa executed identical. That this ----, being duly sworn, deposes and says that he resides at N-0. --,_ in the city of New York. charge of partisanship in the administration of the law is untrue in That he was born in --about the year-, and arrived, in this country a.bout fact is clearly shown by the evidence of Mr. Davenport Lefore the the year --, being at that time about - years of age ; that in the year I 868 de-· Lynde commission, (page 491 and following,) to which I invite atten­ ponent received a certificate of citizenship, purporting to have been issued to him tion. It is too long to give in detail at this .time, but it can be sum­ by the --court in the city of New York; that about-- years previous to ob­ taining the saiu certificate deponent -- doclared his intention to become a.. marized as follows: With satisfactory evidence of the frauds com­ citizen of the United States; that deponent has -- served in the Army of the mitted in 1868, Mr. Davenport, as commissioner only, began in 1870 United States, and his father or mother were --naturalized citizens of this. to attack the 1868 papers. In that election he proceeded to cause country during the period of his minority; that deJ?onent could --r ead aucl could parties holding the papers to be challenged and inquired of, and, so -- Wiite at the time of obtaining his said certificate, ancL that his witness was one ----, who had known deponent for about -- years; at the time de-. far as possible, he endeavored to prevent their registering upon them. ponent applied to be made a citizen ; that deponent, upon :teaming that it is claimed In 1872, acting as supervisor, he iEsued precisely the same instruc­ that the certificate he so received is false, fraudulent, ana void, anrl that complaint tions that he subsequently issued in 1874, 1876, and 1878. In addi­ bas been made of his possession of the same, desires to. avail himself of the pro-· tion, in 1876, having obtained from year to year more definite in­ visions of a. notice issued by the attorney of the United' St.ares in thi.s district on October 12, 1878, and therefore appears and volnntarily Sllil'renders-the said cer·tifi· formation as to the facts, be caused those who registered in that year cate, to the end and for the purpose that the same be canceled or destroyed by the· on 1868 papers issued by the supreme and superior courts to be chal­ court having jurisdiction in the premises; and he prays that such court will take lenged upon the sole grounds that they had .been illegally issued, such action m the matter. unless it was otherwise specifically mentioned. The number·regis­ ----. tered that year was about ninety-five hundred, and he issued the order Subscribed ~d sworn to before me this - day of--, 187-. as a preliminary step to what was done at the election last autumn, United Stares Oommissioner, S<>Uthern District of New Tork. and because he desired to bring home to each individual notice of the claim made that these papers were illegal. As a result of this In order that there could be no mistake about the question as t-0 the· action, about four hundred certificates were voluntarily surrendered knowledge of the person who subscribed the deposition, the chief in 1876. supervisor swears: Early in May, 1878, the chief supervisor determined to proceed I desire to be understood as testifying unequivocally that as to ea.ch person be­ fore me who surrendered a certificate I personany made the inquiry as to whether· finally against these papers, and that every appearance of partisanship be had read the deposition or it had been read to him, and as-to whet4er he fully might be removed he notrned the authorities of Tammany Hall that understood the contents of the papers. 1879. CONGRESSIONAL RECORD-HOUSE. 921

Many were read a second time and explained; all were signed in the it is barely possible that a solid North once more may not be without presence of the chief supervisor, and every precaution t~ken .to pre­ its ad vantages as a warning for the future. [Applause.] vent misapprehension. No man of sufficient intelligence to exercise Mr. ELLIS. Mr. Ch.airman, the issues presented in this bill have· the right of suffrage could have signed such a deposition without been so thoroughly and ably discussed that I feel great hesitation in knowing its full purport, and the mere fact that over three thousand further tresp:issing upon the patience and attention of the committee· subscribed it and voluntarily surrendered their papers is almost con­ by attempting further argument; and I would not do so but for the clusive proof against every naturalization certificate issued in 1868 fact that I come from a State and represent in part a people who have· from the supreme and superior courts. very often felt the iron enter their souls and the hard hand reached, Mr. Chairman, if it be conceded that it is right to prevent men from out fortheir oppression under color of the statutes we seek to repeal; voting on papers illegally issued, the action of the chief supervisor up and I feel it would be wrong for me to remain silent. A great battle to the day of election at least was prudent, unpartisan, and clearly is being fought, in which the interest and honor of my people are· in the interests of an honest vote. The principal grievance, how­ involved; and I do not think that I should stand wit.h idle hands and ever, is that on that day six hundred persons were arrested, and that permit others to achieve that peace and security which are to be this intimidated others whose right to vote was undoubted. The last obtained for them in the repeal of these obnoxious laws and in a full I believe to be absolutely without foundation; and while there may return to the plain and simple methods of the Constitution, unbur­ have been individual instances of hardship in enforcing the law, that dened by hostile enactments. any number of legal voters were deprived of their rights is unsup­ Before proceeding further, I desire right here and now to protest ported by evidence of any reliable chara-oter. in the most solemn and emphatic manner against the long-continued When we consider all the circumstances, the only wonder is that and persistently repeated efforts of gentlemen on the republican side· the law was enforced so fairly and with so few jnst causes for com­ of the House to revive sectional issues, to array North against South,, plaint. Within the narrow limits of the city a presidential election to bring back memories born of strife that has long since passed away. calls out more votes than in any one of twenty States of the Union. Oh, why will not the poisoned arrow lie still Y Why will not the en... In 1876 its vote was larger than that of Arkansas, Delaware, and venomed dart remain hidden beneath oblivions waters f Why must Florida combined; and larger than either one of the great States of these discontented ghosts of the unhappy past, Learing ba.ck to us. Alabama, Louisiana, Mississippi, or Texas. It has five hundred and and to our people bitter and burning memories of :::m unholy and,.. sixty-nine separate and distinct polling places; and to assert that the fratricidal war, be forever recalled Y arrest of one man on an average at each place intimidated any one Why is it that you republican Representatives of the great en1- is simply absurd. lightEmed North and of a great political party will not cease to mis­ Just as it stands on the statute-book and administered precisely as represent the people of the conquered section T Why will yon not it has been, the law secures to the citizens of New York what they cease to pour into the ears of your people the poison of hatred and imperatively demand-a fair election; and I adopt without reserve sectionalism and distrust of the South f Is the Union never to be re­ the conclusions of my colleague [Mr. Cox] when he said of the elec­ stored T Are the old fraternal feelings al ways to be banished T Do· tion in New York which he investigated that-- you seek to leave this legacy of hate to your people T Is your dream Of course, mistakes here and there occurred. Errors were made in consequence of Union ended and achieved by a mere physical, geographical, and! of mist.akea of voters themselves aa to registering their reaidence, but those mis· political union T Do you not wish the Union which was imagined by takes were, as far as could be, remedied; and it would be wrong to hold the sys­ our fathers, the Union of love, of confidence, of common hopes, com­ tem pursued by State and Federal officers responsible for a few fl.eeks and specks. mon ambition, common achieveme"nts, common happiness f Is hatred And now, Mr. Chairman, a few words more and I shall no longer and strife absolutely necessary to the life of the republican party T' . trespa-ss on the time and patience of this committee. I am a strong It is now more than fourteen ye:irs since the thunder of the lasn partisan and a firm believer in the necessity for republican rule in hostile gun disturbed the ca.Im of our skies. The North triumphed Congress and out of it; but if it can only be secured by interfering fully ; the South was conquered. Every i&sue of the war is settled.. with tho rights of the citizen, either under cover of law or in disre­ Slavery is forever gone, aud no man regrets it. The doctrine of se­ gard of it, the pr:ce is entirely too great to pay for success. I believe cession is forever dead. The political equality and rights of the ex­ in a perfect equality of rights and privileges, nnd I most certainly slave are fixed forever. Nobody here or elsewhere seeks to disturb believe in protecting every citizen without regard to race or color in them. I say, and let no man attempt to contradict wh:.it I assert, the full enjoyment of them. The war for the suppression of the re­ speaking not only for my own people, but as I believe for the entire bellion left·upon our hands a whole people suddenly, perhaps prema­ people of the South, that they have accepted in the best of faith and. turely, endowed with the rights of citizenship; and when the Con­ with sincere hearts every single issue which was ra.i.sed by the war· gress of the United States is discussing a law involving the freedom and settled bythe war. and purity of elections, we should not entirely lose sight of them in The thirteenth, fourteenth, and fifteenth amendments tq the Con-· our zeal for the white m:m. It may be an old-fashioned idea, but I stitution, which were the outgrowth of the war, or rather which. beHeve that it is M wicked and criminal to deprive the native-born were en::i,cted to preserve and secure what the distinguished gentle-· black man of life, liberty, or bis right to vote, as it is to deprive the man from Ohio, [Mr. GARFIELD,] the leader of his party on this floor, foreign-born white man of either. I believe that officers of the Gov­ declared to be the "precious results of the war," have been solemnly· ernment who would use or :.ibnse an election law so as to intimidate ratified and accepted, and to their maintenance the southern people white democrats should be promptly and severely punished; and I have pledged their faith. No a.ttempt at misrepresentation, no effort also believe that those who use or encourage" rifle clubs" or" bull­ of :.iny republican member to misrepresent or to garble what may dozing" to intimidate black men who are republicans aro public have fallen in the heat of debate from the lips of democratic mem­ enemies and should be treated as such. [Applause.] bers can gainsay or detract from the truth of what I here solemnly Mr. Chairman, in the darkest days of the rebellion, when the con­ proclaim. Ob, how weak, how utterly helpless must be that cause· tinent fairly trembled under the tread of armed men and when repub­ which requires to be bolstered and supported by misrepresentation, lican institutions were on trial, I never permitted myself to question by misquotation of speeches, by citing isolated paragraphs from ob­ the advantages of our form of government over all o~hers; but no gov­ scure papers edited by hair-brained idiots! Yet such has been the· ernment is worthy of the name that is unable or unwilling to protect course of nearly all the republican members who have spoken on this. all of its citizens at home or abroad in peace as well as in war. question. Sentimental talk about the glories and beauties of the great Repub­ Mr. Chairman, no States have suffered in the past from the enforce­ lic, with its mott-0 of liberty and equality, in the presence of thou­ ment and abuses of the statutes we now seek to repeal as have Louisi­ sands of unpunished offenses against each, will deceive no one; and ana and South Carolina; and yet look·at the sentiments of the people· until white and black, native and naturalized, in every State in this of those two States with regard to the constitutional amendments. Union, are protected in the exercise of all their rights, this Govern­ No longer than the day before yesterday, when the people of Louisi­ ment of ours is bnt little more than a mere experiment. ana had a..ssembled in convention to form a new constitutio , the Speaking for myself alone, I am neither alarmed nor disturbed at very first resolution which was entertained in a convention which is. the prospect of seeing these great questions of equal rights and priv­ three-fourths democratic was, in substance, that the recent amend­ ileges ca.rried into the next presidential campaign by the two parties ment8 to the· Constitution and all the rights and privileges of the· dividing substantially on sectional lines. With many others, I bad colored people nuder those amendments were sacred, inviolate, invi­ hoped that our sectional troubles and difficulties were buried beyond olable, and that there existed no intention on the pallt of any one to the possibility of resurrection, but as this new issue is none of our interfere with them, or to raise a single issue settled by the ~ar. So· making, neither will we hesitate to accept it. Unless I much mis­ much for Louisiana. The democratic convention of South Carolina.. take the signs of the times the solid South in 1880 will be confronted assembled last year to nominate candidates and to adopt a platform, for a second time by a solid North, [applause;] strong, patient, slow and the very first plank laid down in that platform was that the· to anger or to recognize the fact that its confidence and generosity thirteenth, fourteenth, and fifteenth amendments are and ought of' have been abused, but ns firm for the right as it was once before in a right to remain inviolate, and pledging the democra.cy of that State· memorable period of our history. to maintain these amendments in letter and in spiI:it. In view of If, as has been said, the South is" solid" and will remain so in these solerru;t declarations and of the fact that since the South laid self-defense, the instinct of self-preservation will bind the people of down her arms in surrender no word or act has been said or doue by the North together as firmly f1B in those stirring days when a solid her except in obedience to the Constitution and the la-ws, I do appeal North meant the preservation of the Union. There was r.o hesitation to yon, representatives of the great republican party, to cease to mis­ or faltering then, neither do I believe there will be now; and while represent, to cease to revile us of the South. I be~ of you, as you. it will not be a rea~suring spectacle to see section arrayed against claim to have preserved the Union, not to jeopardize that Union either· section, with the memories of 1861-'65, still fresh and unforgotten, in the present or in the future, and.not to make of it a mocker.;¥ by.- 928 OONGRESSIONAL RECORD-HOUSE. APRIL 25,

sowing seeds of hatred and distrust, and by endeavoring to array went to the registration office and asked to be registered. He was section against section. I appeal to you as men and as representa­ bowed "\vith the weight of more than fourscore years. The question tives of a great Republic, and as statesmen worthy to be the repre­ was asked him: ''Were you in the confederate army Y" "No," he sentatives of a free people, to place the issues involved in this bill answered. "Have you extended aid in any manner to the confeder­ away above the region of sectionalism, far, far above the clouds of ate cause f" Again he responded he had not. Again he was asked hatred and of prejudice, in that clear and pure region where the san­ ''Have you preached sermons advisin~ secession and sustaining the }jght of judgment and reason falls undimmed and unfailing, and by rebellion T" and he responded that it had been long since his voice that light to read and debate these great questions, and by that light had been heard in the pulpit, and that he had never preached polit­ t8 settle the issues which now divide us. ical sermons; "but," said he, " sometimes during the war, in the Will it do to meet the arguments which we have advanced in favor midst of their great sorrows, I prayed for my people." The soldier -0f the repeal of these obnoxious statutes by shouting "revolution Y'' who was conducting the registration told him "stand aside, sir. You Nobody is affected· by it; nobody believes it. Nobody but a fool cannot register or vote." would for an instant believe that there is the slightest danger of In 1872 I saw the legally elected government of my State over­ "revolution" in this country. A little more than a month ago we be­ thrown by bayonets. A company of United States troops marched gaJa this debate. The great leader of the republican party raised to the state-house under the order of a drunken Federal judge, h1sued the cry of "revolution," "destruction of the Government," "starving at midnight under cover of tho very faws we now seek to repeal, and the UnioJt to death." How have the people heard his cry of alarm' seized the building; and I saw Federal bayonets crossed above the I will cite but one single response to it. Capital is always timid. entrance to the state-house, sentinels on guard all around it and pac­ Capital never invests in a government that is tottering amid the ing up and down its corridors. If a representative of the people was throes of revolution. Capital is a halcyon bird and flies only under able to produce a pass to the legislative hall signed by tbs United ~alm skies and above calm waters. A month ago the capitalists of States marshal he was admitted, but those who possessed not that this country heard the gentleman from Ohio shout "revolution," "shibboleth" were denied admittance and ordered away. .and yet isince the 22d day of March-I have the authority of the Sec­ Mr. HISCOCK. Will the gentleman allow me to ask him a ques­ retary of the Treasury for the fact-neatly two hundred and thirty tion f millions of the securities of the Government have been taken up by Mr. ELLIS. I cannot now. I did not interrupt that gentleman, capital. No, the sensible and thoughtful people of this country do and I decline to be interrupted by him now. not believe your cry of "revolution," nor will they believe that the In 1874 I saw a United States marshal in charge of United States southern people are disloyal and revolutionary. Nor do they believe troops, with his pockets full of blank warrants of arrests, raiding the thAt the democratic party, which for eighty years controlled the whole northern section of my State. Citizens guilty of no crime, -0.estiniea of this country and conducted it to its highest pinnacle of against whom there was neither charge nor suspicion, were arrested glory, cannot be trusted now. They know full well that the only aim at midnight and dragged from their homes and families for political .and object of that party is to restore the reign of the Constitution effect, and for no other reason than that they dared to be democrats .and to get rid of the extra-constitutional aud tyrannical methods and to attempt through the peaceful agency of the ballot-box the which have been suparinduced in the conduct of our civil affairs. overthrow of the infamous political party which was ruling and ruin­ The distinguished gentleman from. New Jersey [Mr. ROBESON] who ing the State. Writs of habeas corpu~, legally issued to restrain these so refreshed this side of the H0use with an elaborate constitutional outrages and release the injured and outraged citizens, were returned argument and succeeded, after two hours of great labor, in proving to the civil officers, who attempted to serve them, with epithets that what everybody ad::nits to be true, urges us of this side of the House would liave befitted the mouth of a harridan of the ''fish market," not to ''unnecessarily thrust this issue upon the country;" and an­ and with a message to he honored judge who issued the writs too -0ther gentleman who holds hlgh rank in the councils of ms party foul and indecent to pass the lips of a gentleiman. [Mr. FORT, of Illinois] declares that all this question is mere senti­ In 1875 I saw the legally elected legisJators of my State peaceal>ly ment; that there is no reailty in the wrongs we complain of and which assembled in the state-house in legal and constitutional session. The we seek to remedy; and my friend from New York [Mr. HI.scocK] body had elected their speaker and their officers, and were proceeding who preceded me challenged the democrat who succeeded him in de­ with the discharge of their duties, when a regiment of United States bate on this side to point out the "grievances'' which may have been troops with ftxed bayonets surrounded the state-house. A detach­ .suffered under the laws we seek to repeal by this bill or by the Army ment of those troops, commanded by a colonel and brevet brigadier­ bill. The gentleman from Illinois to whom I have referred further general of the Federal Army, entered the legislative hall and by force said that "there was a cry of bayonets" but'' there were not any arrested and ejected from the hall five members of the Legislature bayonets to complain of." Permit me, Mr. Chairman, to answer the legally elected, and thrust in and seated in their places five men who challenge of the gentleman from New York and to contradict the as­ had been beaten at the polls . .sertion of the gentleman from lliinois. Bear with me, sir, while in a Again, in lt:s7G, under color of this law the troops were invoked l>oth plain, unvarnished way I recount to this House what I have seen my­ in Louisiatoia and South Carolina for no other purpose than to carry t>elf in the past eight or ten years done under color of these infamous the elections, and that their presence did unquestionably carry tllo statutes. When my honored friend, the eloquent and distinguished election for the rnpublican candidates in South Carolina there is not gentleman from Kentucky, [Mr. BLACKBURN,] spoke the other day a shadow of a doubt. In that same year, under color of this super­ -0f seventeen years of darkened history, he alluded more particularly visors statute which we seek to repeal, I saw ten thousand men ar­ to the events of the paat eleven years, for it is within the history of rested in the city of New Orleans by United States marshals only five those years that t.he events which I shall recount have ta.ken place. or six days before the election. Yes, arrested by virtue of these very Mr. REED. Why did he say seventeen years t statutes in which the gentleman from New York :finds no harm, Mr. ELLIS. I did not understand the remark of the gent]eman under which he solemnly declares no citizens have suffered grievaace, from Maine. and yet by these arrests we estimate that between two and three Mr. REED. If you are explaining the position of the gentleman thousand citizens in the city of New Orleans were deprived of their from Kentucky, I aak you if that gentleman meant ten years why did right to vote. In connection with this latter statement I beg t.o read he say seventeen f from the great argument of that distinguished and able jurist, .J ues in Congress among the num­ little to shake it. (Laughter.] When interrupted by the gentleman ber of those arrested for false registration. from Maine I was about to recount to this House some scenes that Yes, sir, I am the Representati~e in Congress who wa-s one of those have transpired in my own State, some of which I saw, and others arrested for having fraudulently registered myself as a voter. I had -0f wbich I know to be true; scenes the _recounting of which will bring lived in that city for many years and am a native of the State; my a blush to the patriot's cheek; scenes which too often repeated have residence was upon one of the principal streets of the city; my law made the pages of the history of our country for the past eleven years office was within four blocks of the court-house from which issued dark and shameful pages. Jn 1867 I saw States blotted out of the these warrants; I was in the midst of my campaign, speaking every Union and" military diistricts,'' ruled by soldiers, created on their ruins. day and night, and the daily papers contained notices of my move­ I saw troops conducting the registration of voters and stationed at ments and speeches; and yet, sir, under color of these most infamous all the polling places. I saw test oaths, infamous in their concep­ laws I and ten thousand of my fellow-citizens, as good, as free, as tion and ruinous in their effects, applied to the body of the citizem, honest, and as guiltless as I, were arrested and compelled to stand in order that the virtue and weal ta and intellicrence of the Southern trial before a. United States commissioner. Ten thousand men ar­ .States might have no controlling voice in the e'iections. Let me cite rested before vne commissioner five days before an election, deprived one instance. An o1d man who had no part in the war, \enerable in of the right to vote unless we could have trial and be acquit.ted; a. years, of the purest and most exalted Christian character, who bad physical impossibility almost that all of us could be. tried within been for forty years a minister of the gospel of our holy religion, and that time. Here, Mr. Chairman, was one of the most daring, infa­ was still one, though for a long time physically unable to preacli., mous, flagrant outrages upon the rights and liberties of citizens, per- 1879. CONGRESSIONAL RECORD-HOUSEo

petrated in the interest and at the behest of the republican party, Mr. ELLIS. With great pleasure. J:tnd yet that party declares that we shall not repeal those laws, and Mr. HILL. I know that in the recent constitutional con ventio distinguished representatives of that party assert that no grievance of tbe State of Ohio no such oath was required; and the loyalty of has been suffered under them; that the question of their repeal is a the people of that State has never, that I know of: been called into mere question of sentiment, and that there is nothing real in OUI' question. complaints against their execution. Mr. KEIFER. Allow me to suggest to my colleague from Ohio Mr. HISCOCK. What was the charge made against you 'f that he is mistaken. All the members of the constitutional conven­ Mr. ELLIS. I was accused of having falsely registered myself a tion of Ohio did take an oath to support the Constitution of the Uni­ voter. ted States. But Judge Campbell continues: Mr. ELLIS. I cannot be further interrupted. This colloquy baa Never was such a picture of any commuuityas that. There were ten thousand absolutely nothing to do with the question I a.m discussing. lies sworn to in order to procure those warrants. There was not a. scintilla of Mr. Chairman, in my judgment it has been conclusively shown in proof, nor any desire to have any proof. Thirteen hundred and sixty cases were argument upon this and the Army bill that the statutes which we tried and dismissed; but it effected the purpose. The affidavits were all made by two men, policemen, both of them. I have read a. portion of the affidavits myself seek to repeal are in conflict with the Constitution of the United piled up in the court.house, covering a. table so high. States, and no serious attempt bas been made by gentlemen upon the republican side to answer these arguments. The only attempt at Citizens arrested upon the affidavits of perjured partisans under any constitutional argument in reply was made by the gentleman -0olor of this law, and yet we are told that no man has suffered griev­ from New Jersey, [Mr. ROBESON,] and after two hours of laborious ance by its execution. Three thousand citizens deprived of their effort he summed up the conclusion of his entire argument in these !l'ight to vote, and yet we are coolly told by the party who perpetrated words; I read from the gentleman's speech t this outrage that the laws must stand in order that the "ballot may I repeat my proposition: The United States is a. government of limUed powers be safe" and the "elections pure." delegated to it bytheConstitution, but limited onlyin numbers, and not in CJ_uality. Mr. Chairman, the republican party declares it will appeal to the Wherever they are clothed with power by the Constitution they are sovermgn and people. Sir, we will join them in that appeal; and I most fearfully supreme. Those powers aro the supreme law of the land when organized in the mistaki the tone and temper of that great sovereign of us all, the form of law by the National Legislature, and when they are so organized they must be enforced by all the powers of the Government, or the Government will be de­ American people, if they do not sustain our action and declare, in a stroyed or will remain only an object of derisive scorn for the enemies of free gov­ manner and with an emphasis that no one can mistake, that these ernment throughout the world. blots and blq.rs upon the statute-books shall be repealed. But why Mr. Chairman, there is not a democrat who is prepared to dispute not trust the people'¥ Are you prepared to assert that the American or take issue with that proposition. It is now more than fifty-eight people cannot be trusted with the management of their local elec­ years since the principle enunciated by the gentleman was laid down tions without the supervision, espionage, and intermeddling of the by Chief-Justice Marshall in the case of Virginia vs. Cohens, re­ Fedeml Government 'i ported in 6 Wheaton, and.it has never been denied. If the gentle­ You will appeal to the people, but you refuse to trust them. In the man from New Jersey had gone but a step further and had quoted the ultimate I think the republican party will find out that the distrui;it language used by Chief-Justice Chase in the legal-tender cases, that is mutual. But grant that no citizen has been deprived of a right; any statute ;vhich had not its foundation in tho Constitution was that no one has been arrested or subjected to outrage under these laws; therefore null and void, he would have uttered the whole law and grant that no bayonet-point has ever been turned to the overthrow not a portion of it with regard to the construction of statutes. But <>f State governments or the overawing of the people at the polls; my friend from New York [Mr. Hrscocrr] is a little bolder in his ,grant an this, and yet I remember that :i;>aniel Webster once declared assertions of Federalism, and declares that" the right to voto for mem-. in a great speech that "our fathers went to war for a mere preamble.7' bers of Congress is given by the Constitution of the United States." l remember, too, how that sturdy champion of English liberty, John There is no such thing known as the ''right" to vote. Suffrage is a Hampden, refused to pay an odious tax, not because of the paltry "privilege'' and not a "-right." Clearly it is not a natural 1·ight, nor .shillings that it would cost, but because of the principle involnd. is it a conferred right arising from the mere formation of men into In urging the repeal of these statutes we are contending for a great political corporations, but it is a "privilege" which the citizens grant principle. We know that they are repugnant to the Constitution; and take reciprocally by virtue of the law which they enact fortheir we feel that they are at war with every American idea of civil lib­ own government when they come to the formation of States and erty ; and because of the principle involved we intend to exhaust governments for their mutual protection and benefit. The gentleman .every legal and constitutional means within our power to repeal them. from New York puts the argument ratheringeniously. He says'' the Mr. BAILEY. I desire to ask the gentleman if the dispatch pub­ right to vote for a member of Congress is derived from the Constitu­ lished in a morning paper is correct, and if he has any knowledge of tion of the United States." Well, the right to have members of Con­ its correctness, in reference to the constitutional convention of his gress at all originates in the Constitution of the United States; but .State'I . the right to vote, the naked privilege of voting at all never was given Mr. ELLIS. Mr. Chairman, I thought when I yielded to an inter­ by the Constitution of the United States. This is expressly decided .i·uption that the gentleman from New York desired to propound to in the case of the United States against Cruikshank, and other cases. me a. question. pertinent to this issue. I have no time for interrup­ Long before the Constitution of the United States was dreamed of, tions not pertinent. long before the Revolution of '76 was contemplated, the privilege of Mr. BAILEY. It is a question pertinent to the subject of our dis­ voting existed subject to various restrictions and modifications, and -cussion. In the Republican of to-day I find the following: with various qualifications in the different colonies that constituted LOUISIANA CONVENTION-STATE SOVEREIGNTY PREDOMINATES. the first confederation. The privilege was preserved in the old con­ NEW ORLEANS, .April 24. federation; and when the colonies assembled to frame the Federal In the constitutional convention of to-day several committees were appointed Constitution they still had the privilege of suffrage, regulated and .and resolutions providin.£ that members of the convention take an oath to supporl controlled by the colonial governments. The Constitution of the the Constitution of the united States was laid on the table by a. vote of 64 to 63. United States which they framed conclusively and expressly leaves Mr. ELLIS. I have no knowledge of the truth or falsity of this that privilege with the States, with fall power to regulate, modify, dispatch. or qualify its exercise in any mode which they might deem proper. l\Ir. BAILEY. It is an Associated Press dispatch to the Washing­ With regard to the election for members of Congress the Constitu­ ton Republican. tion fixes no qualification, but simply provides that those citizens in l\Ir. ELLIS. I do not attach much credit•to the dispatch; but the States who vote for members of the most numerous branch of the grant that it is true, what difference does it make 'I I know of no State Legislature shall vote for Representatives in Congress. The law which requires delegates to a constitutional convention of a peo­ right to vote for a member of Congress depends entirely upon the J>le to take any oath to the Constitution of the United States. right to vote at all. If a person in a State has no right to vote a.tall Mr. BAILEY. If there is no harm in Louisiana to refuse to swear of course he cannot vote for a member of Congress, and no Federal tO support the Constitution of the United States, then I beg the gen­ law could confer it. The State government fixes the reo-ulation and tleman's pardon. defines the qualification by which he votes at all. The State govern­ Mr. ELLIS. If the gentleman means by the production of that ment determines and fixes the qualification, and when once fixed, dispatch to reflect upon the patriotism of the people of Louisiana or and when once the qualification is filled and complied with, the privi­ their devotion to the Constitution of our common country then I take lege is secured, and then the citizen is at liberty to vote for all such issue with him. It has been suggested to me by a distinguished law­ officers as may have to be elected by the people, whether State officers yer that members of constitutional conventions are never required to or members to Congress. take such an oath, and that no law requires it. My friend from Ohio The right to vote for a member of Congress is simply incident to [Mr. IlrLL] assures me that neither the members of the constitutional the right or privilege of voting at all, which right or privilege he -convention of New York or Ohio took any oath to the Constitution of derives from his State government. the United States. No regulation that I am aware of requires such Mr. HISCOCK. Will my friend allow me to ask him a question f .an oath. 1\-Ir. ELLIS. I will, if pertinent to this issue. Mr. BAILEY. I will say that I do not think in the State of Louis­ l!Ir. HISCOCK. In the event they should prescribe a different iana it is at all necessary. qualification-- Mr. ELLIS. No, because the people of my State love and revere Mr. ELLIS. What does the gentleman mean by "they!" the Constitution of the United States, and it requires no oath to re­ Mr. HISCOCK. In the event that the State Legislature should, for mind them of their duty to it. instance, attach a property qualification to the right of voting for a. Mr. HILL. Will my friend from Louisiana allow me to make a member of Congress when no such qualification existed in order to .suggestion T have the right to vote for members of the State Legislature; or sup- IX--59 930 CONGRESSIONAL RECORD-HOUSE. APRIL 25,.

pose they should attempt in any other way to limit the right to vote upon this and the Army bill. Without attempting an answer upon for members of Congress different from members of the lower house any legal or constitutional grounds, our friends of the republican side of the State Legislature, would it be competent fC?r Congress to pass intrench themselves behind the old " war issues," and invoke sec­ laws to protect tbe electors of the most numerous branch of the State tional appeals, and the eternal" negro question." There is not a re­ Legislature in their right to vote for membeTs of Congress T publican on the floor who will dare rise in his place and gravely main­ Mr. ELLIS. If the State should attempt to establish a property tain that the people of the Northern States cannot be trusteu with. qualification-- the management of their State affairs and the conduct of their local Mr. HISCOCK. If they should attempt to a.bridge or enlarge the elections. There is not one here who will assert that the great loyal class entitled to vote for members of Congress and make it different people of the loyal North, who, in the language of our rhetorical from the class entitled to vote for members of the most numernus friend from Michigan, [Mr. BURROWS,] will gather around the " bleed­ branch of the State Legislature-- ing, stricken, and starving form of the Republic" with ''bandages,'" Mr. ELLIS. I will answer the gentleman. There is in the Con­ "soothing sirup," ~'beef tea," and the like, when we naughty demo­ stitution but a single inhibition on the power of the State in regard crats attempt to starve it to death, are not to be trusted in the matter to fixing the quali:tication of voters, and it is this-- of pure elections, of free ballot, and a fair count. These laws are un­ Mr. HISCOCK. The question I asked is this: in the event of the necessary in the North, so the republicans hold, but are necessary for ~ State attempting to declare different qualifications for electors of the protection of the black people of the South, and to enable them members to the most numerous branch of the State Legislature, would to vote in peace and security. Congress have the right to pass laws for the protection of the classes The argument is that the colored people are shot, killed, perse­ indicated (the electors of the most numerous branch of the State cuted, driven from the ballot-box, or are overawed or cowed into­ Legislature) in their right to vote for Representatives to Congress f voting the democratic ticket; and gentlemen point to the fact that Mr. ELLIS. ·I apprehend that no State will stultify itself in at­ the South is " solidly democratic" and that the negroes either vote tempting an enactment so directly in conflict with the express pro­ the democratic ticket or do not vote at all in confirmation of their­ visions of the Constitution. theory. Mr. Chairman, it is upon this question that I wish to dwell, Mr. HISCOCK. That is not the question. The question is one of and I believe that I can show that the causes which ha.ve wrought the power, of constitutional right. It is not a question of stultification. great change in the minds of the colored voters of the South ue pow­ Mr. ELLIS. A State would undoubtedly have the right to fix a erful and natural, and amply sufficient to have caused the colored property qualification. As I have already stated, there is but a single race to turn their backs forever upon the republican party. I assert inhibition upon the power of the State with regard to fixing tbe now and maintain that from the time the African was stolen from qualification for electors, and it is that no State shall deprive any his native land and brought here as a slave the republican party (and. citizen of the privilege of voting on account of race, color, or previous I wµI in a moment state my authority for giving that party such an condition. ancient date) has been the worst enemy the colored race ever has had Mr. HISCOCK. That does not answer the question. In the event or ever will have. The republican party has been "the old man of th& that a State should do what I have stated, would Congress have the sea" upon the neck of that race. It has burdened it and ridden it right to protect the person whose right of voting for members of Con­ and borne it down and denied it rest and peace, and all for its own gress the State might undertake to abridge 7 political aggrandizement. No wonder that the colored race have at. Mr. ELLIS. If my .friend from New York will be still I will answer last thrown it down and are aiding the democratic party to crush it. the question folly. As I understand, he w"ishes me to answer this with their ballots. question: whether the State of New York, for instance, would have A very distinguished member from Ohio, the•ablest leader of his. the right to require of those who vote for members of Congress a party in this Honse and per4aps in the whole country, a few years. qualification different from that required of those who vote for mem­ ago made a speech in which he traced the different civilizations of bers of the most numerous branch of the State Legisla.ture '1 I an­ the North and South and the differences in principle between th& swer the State would clearly not have the power under the Constitu­ democratic and republican parties back respectively to the early set­ tion. tlements of our fathers at Plymouth Rock on the one hand and at Mr. HISCOCK. Very well, then. The next question I ask is. this: Jamestown on the other. I accept that gentleman's theory, and if the State should attempt to make such a distinction, would Con­ charge upo]} the republican party as it existed in t he early days the gress have the right to interfere and enforce the right of th~ elector introduction of slavery into this country. History will bear me out in as against this unconstitutional law of the State f the assertion that it was not the South nor southern men, nor southern Mr. ELLIS. The Constitution of the United States declares in ex­ merchants, nor southern ship-owners, nor southern ships that brought. press terms that those who vote for members of Congress shall have the slave to this country. A distinguished member from Connection t the qualification for electors of the most numerous branch of the State [Mr. HAWLEY] in his speech on the Army bill told us how he had gone Legislature. down South once for the purpose of buying and acquiring title to a Mr. HISCOCK. I understand that, but suppose there should be a colored man who had run away from the South and had risen to be a. conflict in defining the qualification of the two classes of voters f "D. D." That gentleman told us that he paid simply for "the boy Mr. ELLIS. The gentleman wishes me to answer whether if a Jim" and did not pay ""for improvements." Let me remind that gen­ State should endeavor to do something forbidden by the Constitution tleman that it is not the first time gentlemen from New England went the Government of the United States would have the power to assert abroad for the purpose of acquiring property of that kind, and that its authority and maintain the Constitution f they did not always return with a legal title for which they paid Mr. HISCOCK. That is the very question. money, but they too frequently came back bearing with them the hu­ :Mr. ELLIS. I answer unquestionably in the affirmative. That is man chattel and holding it simply by the right of the robber and the the very argument of the gentleman from New Jersey [Mr. ROBE­ title of the pirate. SON] which I quoted a few moments ago, and from which I said no Mr. REED. I -hope the gentleman is not going to "revive sec­ democrat dissented ; and it is, that the Government of the United tional hatred." States is absolutely and unquestionably supreme in all powers dele­ Mr. ELLIS. No, I simply intend to revive historical truths, and gated to it by tbe people in the Constitution; and whatever a State to tear masks from hypocritfoa.l faces. Coming down a little later should do or attempt to do in violation of the Constitution would be we find New England and the States of the North quietly getting rid absolutely null. In the contingency supposed by the gentleman from of slave property, and the vast majority of slaves tending down toward New York the remedy of the citizen who should be' deprived of his the fertile plantations and more genial climate of the South where right to vote for members of Congress by onerous State regnlatioR slave labor was profitable. Alas, the fatal beauty and riebne s of the and unjust discrimination would be enforced and preserved, not by fair States of the South fastened this curse upon her. A little later the direct action of the Government, not by an attempt on the part we find the States of the North emancipating by gradual process the­ of Congress to modify or alter by statute the State regulation, but slaves who remained in their midst, not from any feeling of philan­ when Congress considered the claim of a Representative to his seat thr0py but because of the unprofitableness of slave labor in their who had been elected by the operation of the onerous and unconsti­ midst. A little later we find the republican party making the slavery tutional qualification for electors prescribed by the State it would question an issue in Federal politics until at last, in 1861. war be­ have the power to deprive him of his seat and to deny to the State tween the sections broke out which resulted in the total emancipa­ which had enacted such unconstitutional legislation representation tion of the colored race. The year 1865 found the negro of the South. in Congress until it had altered the law and made the electors for a freedman. He had grown and developed from a low, degraded slave­ members of Congress stand upon exactly the same basis as electors to a civilized being. He had ceased to worship the "fetish" or the· for members of the most numerous branch of the State Legislature, in sun, and had some idea of God and religion. He bad cea.~ed to speak direct obedience and perfect conformity with the provision of the a" gibberish" and had possessed the tongue and language of a man. Federal Constitution upon this subject. He had so progressed from the untutored savage which he was, when. But, Mr. Chairman, time presses me, and I must hurry on to a por­ called to the knee of the patient South, as to be in the estimation of tion of the question involved, upon which I had originally intended all of our northern fellow-citizeDB fit to be a citizen of this great to dwell particularly and at length. I did not intend to be drawn country and to participate in the conduct of its public affairs. into the discussion of the constitutional aspect of these questions in It has often seemed good to the omnipotent Father of us all to the slightest degree. The arguments made by my friends, the gifted make of slavery a school for the education of races; and when you. and eloquent gentleman from Virginia., Mr. TuCKER, Mr. HURD revile the South aB a slave-owner; when you taunt her with the mem­ of Ohio, and Mr. CARLISL11 of Kentucky, remain unanswered and ories and the blot of slavery, I ask you to remember that in the prov­ unanswerable, and have demonstrated beyond the possibility of an­ idence of God she was also called to be the teacher of the colored swer the flagrant unconstitutionality of the statutes we seek to repeal race. You claim that the North made freedmen of four millions of ~ 1879. CONGRESSIONAL RECORD-HOUSE. 931 men held in bondage, and I claim that the patient and long-suffering binding force in the Constitution and its amendments, which granted South made a savage a civilized man. If you broke the fetters of a to them these rights and liberties. :You taught them that the vast physical bondage that held him in the semi-patriarchal relation which sea of blood which had flowed in our unhappy civil war was a liba­ existed between the southern master and the slave, I claim that we tion to the gods of falsehood and deceit. You taught.them that the broke the bondage of his soul, the fetters from his mind, and that uniform of the United States was a badge of the tyrant, and the bay­ under the care and tutelage of the South the barbarian was converted onet of the soldier was the sheen and point of a well-roundel.! false­ into a civilized being. If you freed hi.s body, we freed his soul; if hood. You taught them that the true political line was the color you have conferred the right of citizenship, we prepared him to re- line, and that they must be republicans simply because they were ceive that right and to be able to enjoy and to exercise it. I believe black men. You professed to be the party of peace, yet you taught that the civilization of the African race is not inherent but is imitative. the colored man the infernal gospel of hate and strife. You professed Do you doubt it Y I point you to Africa and to the fact tbait in the to be tho-party of high moral ideas, yet you taught him corruption past fifteen centuries that race has made no progress whatever. While and fr~ud awl enforced the lesson by the examples which repub­ the spirit of progress "has moved upon the waters" of all the other licans set him in the reconstructed governments of the South. You lands of our earth; while man everywhere by his genius and his taught him that official stations were but institutions for the benefit daring has made the most gigantic strides in progress in the arts and of the office-holder and not for the people. You taught him that the sciences and improvements of every character, the African race has position of a public servant and an office-holder was the particular stood still. To-day the savage warrior meets his enemy with the personal property of the incumbent and ought to be used for no other same weapons with which his fathers fought more than a thousand years purpose than to make money. The carpet-bag office-holder who called ago. To-day the canoe that bears the African from P.lace to place over himself republican plundered and rob bed and sold the prerogatives the waters is precisely in build and size as the frail vessel which his· and influence of his office, whether it was the patronage of a governor, father steered fifteen centuries ago. To-day the tribes of Africa in- the vote of a legislator, or the decree of a judge, and there is no won­ dulge the same weird religious rites which characterized them, and der that the colored man, unused to the exercise of political power, their deities are the same that held their fathers in the bond of super- should follow the tempting example of his white instructor and po­ stition fifteen centuries ago. The rest of the world has moved, but litical guide. Africa has stood still. Every effort to civilize the African has failed. But, Mr. Chairman, not only did the republican party demoralize Efforts to improve him by colonizing from America members of his the colored race for its political advantage, but it robbed and plun­ race who bad been instructed and advanced to some degree of civiliza- dered them. It organized by act of Congress the great" Freedman's tion have been tried and have failed. Experience has shown that so Savings and Trust Company.'' Republican freedman's bureau agents soon as left to themselves and the fostering care and restraining in- and emissaries in the South invited the colored people to deposit their fluence of the superior race is withdrawn, he has moved backward earnings in that institution. They taught them that it was a Gov­ and steadily returned toward his ignorance, his barbarism, and his ernment institution and that their hard earnings would be safe and superstition. sacred. This "savings and trust company'' issued to the colored In our own country it is conclusively proven that the negro has im- depositors bank-books upon the backs of which were engraved th& proved and has become civilized exactly in proportion to the nearness faces of the lamented Lincoln, of Grant and Sherman and Howard of his contact with his white owner. In the upland regions of the and Sumner. While the colored man of the South generally could South, where the slave-owners were poor and the number of slaves not read, he knew these familiar faces, and be was induced by the. held were few and the institution more nearly approximated the very sight of the pictures of the great men and professed friends of patriarchal relation, the civilization of the negro was more apparent the negro race to believe that his little earnings would be safe. The and better defined. In the richer regions, where each slave-owner colored people came up with their earnings. The woman who had was possessed of hundreds of slaves and the contact with the master washed and cooked or scrubbed all the week came to the bank on and his family was not so near and so immediate, the degree of civili- Saturday night to deposit her one or two dollars which remained over­ zation was not near so rapid or so great. The house-servant and the after her wants had been provided for; the field-hand at the end of. body-servant became in the course of a few years to a great extent each month deposited his :five or ten dollars; the drayman brought. polished in manner, polite in bearing, correct in language and deport- his earnings; the porter or waiter deposited portions of his hard­ ment, and learned to speak with great correctness, and to acquire in earned pay, and each was happy in the thought that he was la.y­ a great degree those conventionalisms of manner and language which ing up something for the support of his declining years. Then a , characterize our best society. The field-hand, on the contrary, on republican Congress enacted and a republican President signed th& the large plantation, who had no contact with the white owner or law which modified the original charter of that institution, struck his family, remained the same, awkward, ignorant, and stupid, from down the safeguards which had been placed about it, enabled its, the day of his birth almost to the day of his death. The Southern philanthropic directors to loan money to their own favorites and States took the slave by her knee and after a hundred years made hhn. confederates in villainy, accepted in pledge of said loan "wild-cat what he was in 1865. She held him close to the strong blaze of Ameri- stock" and mortgages upon valueless real estate, until at last the can civilization and converted him from a savage to a human. She bank suspended and utterly failed, and by one fell swoop the freed­ advanced him far enough and civilized him enough to be in the opin- men of the South were robbed of more than three millions of dollars. ion of the republican party worthy the boon of American citizenship. History does not record an instance of perfidy like this. Nothing ha.a When, however, in 1865, he was made a freedman his condition was been done to right the wrong. Under the laws which a republiean one to excite the profound sympathy and pity of every thinking Congress and President approved the remnants of the freedman's man. Torn away from the fostering care and patient instruction of his earnings ape now being paid out month by month and year by year to owner, he waa left poor, weak, helpless to act for himself. What his three directors, who do not even visit the bank, and to a whole army condition imperatively demanded was that, as far as was possible, he of clerks and attorneys, agents and messengers, who a.re of no use should have the benefit of the instruction and example and influence whatever and are simply cormorants, devouring the sum of which the of his former master. To the white owners of the land he was obliged negro race was robbed, or rather I should say are vultures feeding to look for labor and wages. To the white man he was obliged to upon the carcass of this institution of the freedmen. It remained for look for equal protection under the law. To the white man he was a democratic Congress to investigate and bring to light the villainy compelled to look for the enjoyment of those rights and privileges of this great robbery, and for a southern ex-slave-holding, ex-confed­ which 1.Jad been conferred upon him. Every interest which he had erate democrat to take the initiative to do justice to the freedmen. demanded that the closest relation of friendship and sympathy com- But, Mr. Chairman, this was not all. Not only did the republican patible with the altered relation should be established and maintained party array the negro against the whites and "rend away with between him and his former master. But the republican party, care- curses" the ties which bound him to his only friends and leave him less and callous of his condition, having no real sympathy with him, helpless and alone; not only did it rob him of his hard-earned sav­ having used his body in war as food for gunpowder in a quarrel in ings; but it did more. For the past ten years it has shed his blood the engenderin~ of which he had no part, having made of his condi- and caused it to be shed for the purpose of staining its party ban­ tfon and fancied or real sufferings their sole political stock in trade, ners; and every red drop of the life-current which has flowed from saw in him an instrument by which the political power of the repub- . the negro's veins in obedience to the mandate of the fierce Moloch of lican party could be perpetuated and maintained in the Southern radicalism has been coined into political capital in the interest of States. the republican party. In order to "fire the northern heart" you have In order to accomplish this it was necessary to enfranchise the excited him to deeds of violence against the whites, knowing full negro and array him in deadly hostility to his former white owners, well that retaliation, swift and sure, would be the result, and that his and so the republican party gave him the ballot, not for his good but blood would be shed. But what mattered that to the republican for its own aggrandizement. Then that party organized freedmen's partyt The blood-curdling language of the carpet-bag governor of bureaus, whose agents taught the negro that the Government and Mississippi [Mr. Ames] cited this morning by my eloquent friend from the republican party would divide the land and stock of the white Mississippi [Mr. HOOKER] that "the blood of twenty-five or thirty people equally with him. Yes, you organized your "loyal leagues'' negroes would be good for the republican party," and the no less bru­ and swore them with the most terrible oaths to obey the behests of tal answer of the last carpet-bag governor of Louisiana, who told col­ the republican party and to bate his white neighbor. You poured ored men" if the blood of five or six negroes in your parish is shed into his ear and soul the killing poison of hatred and hostility to the it will not be a bad thing for mir party North," explains the doctrine white race and alarmed his timid and ignorant mind by holding out of radicalism with regard to the killing of negroes in the South. to him the most dreadful threats of re-enslavement and punishment And here, Mr. Chairman, I may appropriately cite the evidence if he permitted the whites of the South to regain control of their of Ex-Governor Moses, of South Carolina. .A. little over a year ago State governments. You taught them that there was no virtue or he published an elaborate confession of the crime and wrong which 932 CONGRESSIONAL RECORD-HOUSE. APRIL 25,

had been done by the republican party in South Carolina. He said he may be your slave in mind and in soul T Sir, he has changed. that they had hired roughs and rowdies and bad men to come from Let me quote here an extract from a letter written after the last elec­ northern cities to South Carolina, and had arrayed them in the weird tion by Hon. J. A. Gla, a colored man, a State senator and now a mem­ garb of the Ku Klux Klan, and had commissioned them to commit ber of the constitutional convention of Louisiana, and an honor to outrages and murders upon colored men, which were charged upon the African race. the native white citizens, and all done for the purpose of manufact­ I cannot pause to read the whole letter, but will print extra.eta uring political capital for northern consumption) "to fire the north­ from it: ern heart," to drive away love, to bring about and intensify hate. Here in Carroll the 5th of November passed off without a single misunderstand­ Mr. Chairman, I do not hesitate to say here, upon my responsibility ing in any portion of the parish. The colored voters went to the polls, voted as a man before my country and my God and under the solemn sanc­ unmolested, and returned to their homes. Their voting gave evident signs of a tion of my official oath, that ninety-nine cases out of every one hun­ chan~e takin"' place. Most of them made more inqwries on the morning of tho election than had been made for years past put together who they would voto for, dred of murders which have been perpetrated in the South and of and chosl' in most instances for themselves. The unquestioning obedience of years whichcoloredmenhave been thevictims,havebeen instigateddireotly back h:is evidently passed away, and the colored people are becoming free voters by the agent,s and henchmen of the republican party in the Southern to all intents and purposes. States for the sole purpose of keeping the northern mind set against What bas brought about this apparent progressive change 1 Why are our peo. ple dropping away from their white leaders 1 It is all nonsense to talk about bull­ perfect peace and perfect confidence in their brethren of the Southern dozing. No doubt such a thing exists, but it has not done the work attributed to States. How, then, does the record stand f Instead of educating the it by a long way. The cause is deeper and wider than any bulldozini:i;; it rests colored man the agents and emissaries of the republican party per­ with republican leaders themselves who have abused and betrayed the confidence sistently stole the common-school fund year after year. I speak from placed in them by the colored people. * * * the record and from the reports of republican school superintendents Is it to be wondered at that the colored people have no further use for these of educatian in Louisiana when I say ihat in eight years of repub­ republican white leaders 1 Is it any way astonishing that there is a break in the lican rule $500,000 of the school fund raised by ta.Dug the whites was republican ranks~ The mass of the colored people in their simplicity believed the many promises made., and innocently expected them to be fulfilled. They did not stolen and plundered by republican officials. Instead of protecting care so much for themselves, but they expected that the leaders of their own color, your setuthern partisans have plundered him. Instead of enlighten­ after so much labor and self-sacrifice, would be remembered; but they even have ing him a.a to his duty as a citizen you have taught him fraud, force, been forgotten, and cast politically aside as so much worn-out material. Hence violence, corruption. Instead of teaching him that he was a freed­ the resentment now showing itself at the ballot.box. * * * * * man and that his rights are fixed in the Constitution and are secure These are pertinent questions, and my advice to-day to the people of my race in forever you have taught him that the Constitution was but a rope of this senatorial district is to abandon past prejudices and join hands with tbe con­ sand that would be broken to pieces by the mere temporary triumph servative people of the country, so that we may live long and prosper, with no of one party over another in a State election. more causes for inequality, but each man aet well his part and independently as­ sert his rights in the parish of East Carrol~ the granite building in New Orleans, Having thus plunged and steeped the colored race in misery, being and throughout the State of Louisiana.. directly responsible for his condition as a slave in the United States Respectfully, and for all the wretchedness, misery, and degradation which he has J. A. GLA. suffered and is to-day suffering in the United States, what do you Again, sir, allow me to quote from the greatest, the brainiest, and now propose to do with him f You are determined he shall not rest. ablest colored leader in the United States, I refer to Hon. P. B. S. Despairing of further using him in the Southern St~tes either as a Pinchback, and read now an editorial from his paper, the Louisianian, voter or as a. martyr, you propose now by your agents and emissaries an able and fearless champion of the rights of the colored race in the to induce him to leave the land of his nativity, the climate and the United States : soil and the labor best adapted to him, and for political purposes and The time having passed when the colored voters can be herded t-0gether and voted no other, in erder to weaken sou th err~ representation and to strengthen like sheep, the army of evil advisers who swarmed down upon us like the locusts northern representation, to induce the negro to migrate :OC\ a land he upon Egypt have disappeared as mysteriously as they came. With the exception knows not of, to labor to which he is unaccustomed, to a pwple whose of a few, who still condescend to hold the offices, and whose days it is rumored are race prejudices are stronger than those of the South, to a cold, un­ numbered, we are rid of their presence. Left to themselves, and at last thoroughly convinced of the necessity of making an effort from within the race to arrest-the genial climate where certain misery, want, and min await him. demoralization among them, we are persuaded to believe the time has come when This is your :finishing stroke to his ruin. It is utterly false that the they will listen to reason and be prepared to follow men capable of leading. negro is fleeing from oppression or from the "bludgeons" or stripes of southern democrats. Again, sir, I have permission from my honored colleague and friend, The movement in Louisiana has been principally from the parish Mr. GIBSON, to extract from a letter written by Hon. T. T. Allain, a of Madison, where there has been no complaint of" bulldozing," where State senator in Louisiana, and an eloquent champion of the rights the CQlored race is in an immense majority, where they elected their own of his race, a portion of a letter that might well be commended to the officials, and where they are and have been on the best of terms with the notice of the President of the United States before he vetoes the Army white people. The movement is a purely political one. Secret circu­ bill as well as the one we are now debating, because it seeks to lay lars describing the beauties and glories of Kansas, chromos represent­ down the doctrine of non-intervention by Federal power in State ing pictures of beautiful homes, of domestic peace and comfort, of elections. I hold in my hand and will read the original letter of Sen­ billowy oceans of green wheat, of fruits such as the heathen poet ator Allain, in his own handwriting. It is addressed to one of Louis­ never dreamed of in his most beautiful visions of the garden of the iana's noblest and purest sons,~ grandson of Andrew Jackson: Hesperides, of a land "fl.owing with milk and honey," where the hours HARD TIM.ES PLANTATION', RAPHAEL P. 0., glide by on golden wings and the reign of Saturn still lingers, of free Iber1Jille Parish, Louisiana, DecemlJer 2, 1878. homes and Government lands, have been circulated among the negroes DEAR COLO},'EL : Your esteemed favor of 2'ld ultimo was duly received, and, com­ of the South to induce them to migrate to the North. Some thou­ ing from so distinguished a source, afforded me much gratification, insomuch that you were pleased to appreciate and to recognize the efforts which I have made in sands of them have started. Already their waitings and cries of des­ behalf of conciliation, harmony, and concord between the white and colored races pair reach us from the bleak shores of Kansas. A :few weeks ago these within my native State, and especially during my career as State senat.or. colored emigrants with their helpless women and children left a land To permanently effect such object has heretofore been and ever will be my su­ where spring sat upon forest and :fields clad in her glorious garments preme desire; and it is certain that no endeavor will ever be spared on my part to <>f green all spangled with ten thousand bright flowers brought into ~::o~~ an era of perfect good feeling between the white and colored people of my life and beauty by the warm wooings of her balmy brea1h. They We may thank God, and it is universally conceded by our leading etatesmen have reached the shores of the" promised land,'' where timid spring that by~ones shall be ignored, and that all our energies shall be devoted to the ~ still hesitates to smile lest her warm impulses be frozen by the tyrant generation~ the practical and material reconstruction, to tho rehabilitation of our wasted ana distracted State U\)On the basis of undisputed unificatio1t. winter's breath. Cold and naked and hungry, these wretched dupes The appointment of that emment colored lawyer, Frank Cassells, esq., as assist;.. raise a piteous cry for aid. ant attorney-~eneral of the State of Tennessee by the democratic administration The public charity is appealed to; bills for the relief of these un­ of that State is much appreciated; and should suoh precedent be continued in the fortunate and starving emigrants have been introduced in this and Southern States, in my opinion combinations among present antagonistic parties will be formed in or before 1880 that will give re~nb1ican newspapers littlo cause the other branch of the Nation al Legislature, and I wonder, Mr. Chair­ to again fiaun t the emblem of the '' bloody shirt.' man, if upon the patriotic and philanthropic vision of the republican A.s a. colored man and a republican, representing the interests of my race, I would statesmen there is not adumbrating the enchanting dream of another say tha.t it is with serious apprehension that I have noted intimations that Presi­ "Freedman's Bureau," with its capacity to rob, to plunder, to steal, dent Hayes contemplates a chanp:e in his "southern policy;" and it is my earnest hope and prayer tha.t he will persevere in his present wise course of non-inter~en· to mislead, and to ruin, and all for the benefit of the republican party tion in local State affairs. I am con fl.dent that a. reversal or change of such policy and republican patriots. would not be conducive but would be detrimental to the welfare of my people. But, sir, I cannot pause further now to dwell upon the ruin morally, All classes in Louisiana., whether white or colored. are now closing up their IY.>liti· ocially, and politically that has been wrought to the colored peo­ cal issues ; and I feel assured that the day is not fM distant when the color line will be definitely obliterated in regMd to civil matters, and a.n eJ?OCh of prosperity b. " by its inexorable task-masters, the republican party. Misled, and happiness will brilliantly illuminate the horizon of our glorious State. pl~ ..Wded, deceived, plundered, demora]jzed, and murdered for the I havo great faith in Governor Nicholls. I believe that he will see all cases of IDI.8&. 't and in the behest of the republican party, is it any wonder outrage against my people shall be thorou11:hly investigated; that tbe guilty shall be punished and that the laws shall be vigorously executed ; and in so doing be !h'1eh " political sentiment of the colored race has undergone a great will most assuredly be sustained by the best public sentiment of the State. · at th1.. Is it any wonder that they refuse to be led any further by Let me here observe, in all frankness and candor, that I am not entitled to nor 'C~n~ f · prophet T Is it any wonder that Southern States and dis- can I accept your congratulations upon the democratic success in Louisiana, as I t~is veiled. werwhelmingly republican have changed and are now am and have been on the other side of the political question. I,u to ()~e 1. "")o you deny the capability of the colored man to change T reply the question propounded in regard to the personal and political free­ !:ts dom of the colored people in our parishes, r must confess my inability to give you ocr,atic f l.. - assert your right to dominate him politically and other information than that obtained from the public prints; yet it does give me Do yon :fieree1, '-hen freed fr@m mere physical bondage in order that the liveliest satisfaction to be able to assure you that in spite of all the asperities ~IJ,y !t .ls .he l-- 1879. CONGRESSIONAL RECORD-HOUSE. 933 engendered during the recent campai~ in this parish no disturbance of any nature importance; it behooves ns to talk and act with propriety and occurred, but each voter deposited hi8 ballot unquestioned and undisturbed. .As an evidence of the good feeling existing in my own immediate vicinity, the sobriety. Second ward of this parisb, where the republican vote has a majority of about ten If it were proposed to go forward promptly and provide the neceti­ to one, John W . .Austin, esq. . was elected overwhelmingly a.member of the police sary appropriations to carry on the legislative and jndioml branches jury, though well known to be a conservative democrat, and his name was on the tickets of both parties. . of this Government, also for the necessary expenses of the several I mention this fact to illustrate that in numerous cases and in various localities Executive Departments, and for the maintenance and support of the the white and colored people in Louisiana are daily drawing closer and closer to­ Army, I t.hink no acceptable apology could be offered by me for occu­ ward the elucidation of political issues. pying the time of this House in debate. Other things are proposed, Very respectfully, your most obedient servant, THEOPHILE T . .A.LL.A.IN, however. At the last session of the Forty-fifth Congress there waa Late Senator Fourteenth District of Lottisiana. abundant time to have made these appropriations, but the House of Colonel E. J. W. BUTLER, Representatives refused, and persisted in an effort to coerce a co-ordi­ · 1520 Lucas Place, Saint Louis, Missouri. nate legislative branch of the Government into the repeal of certain But, sir, I cannot now pause to comment even upon these letters of laws (of which I shall speak as I p1·ooeed) in no way connected with these three able and prominent colored men, one of whom writes from the appropriations. Failing in that attempt, the last Congress ad­ the most northerly parish in the State, another from a central parish, journed without having performed one of its first and highest consti- and the third from the city of New Orleans, in the southern part of tutional duties. · the State. I commend their careful perusal to those violent and vin­ Both of the legislative branches of the United States being now dictive partisans who are so ready to quote from such testimony as democratic, it is proposed to persist in passing the requisite appro­ was manufactured to order for the use of the Teller committee. I priation bills coupled with other legislation foreign to the subject of commend their careful perusal to those honest republicans of the appropriations and radically changing existing laws. Ily threats, Northern States who wonder that States and districts that were once boasts, and defiance we are given to understand the Presideut will republican are now democratic. And I tell them in all candor the be coerced to surrender his constitutional prerogative and to ap­ colored people have changed and are changing their political views, prove any legislation, however much against his judgment or vicious not from fear, not from coercion, but because their eyes are at last it may be, or no further appropriations for the purposes named will opened to the falsehood, the treachery, the shameless robberies, the be made. With a bare majori•y in this House and only a. i;mall ma­ utter faithlessness, the broken promises of their inexorable task-mas­ jority in the Senate, the democratic party threatens (for the first time ter, the republican party. Soon will the two races in the South be in the history of the Government) to annul the veto power of the most perfectly united. Through years of · darkness, of misrule, of President by, if possible, intimidating him to approve such bills as lawlessness, they have been apart. They understand each other now. it may pass. This high prerogative, wisely reposed in him by the The best and kindliest relations will spring up. Each race will un­ Constit ution, that party, in its mad and revolutionary career, says derstand and confess its errors and follies and crimes and blunders, shall be rendered a nullity, or this Government shall have withheld and then there will be a union of interests that will leave no room from it the sustenance that gives it life. fu the crime of the bulldozer or the robbery and plunder of the ad­ The Constitution (second paragraph, seventh section, article l) in­ venturer. vests the President with a legislative power equal to one-sixth of Mr. Chairman, God is just. Strangely does He sometimes move to each branch of Congress. He cannot refuse to exercise this grant the fulfillment of llis infallible decrees of justice and mercy, but of power, if in his judgment the riO'hts of the people are a.bout to yet they fail not. By lawless means a lawless party sought to humil­ be struck down throu~h unwise legis~ation, without being recreant to iate and dominate the patient and enduring South by setting the his august trust. This power cannot be taken from the President in African to rule above her. Butto-dayshe rules herself in all her States, the manner proposed without making a long stride in r evolution. and the element which waa introduced for her humiliation has be­ Let us pause on the brink of so fearful an abyss! come a new source of strength and power. It is vain to argue and read portions only of the Constitution to I have thus sought to show that the colored race no longer votes prove that all legislative power is vested in Congress. To the aston­ solidly the republican ticket. I have sought to show that the causes ishment of many of us who know so well the legal attainments of two which have produced this change are natural and powerful. I have of my colleagues [Mr. McMAHON and Mr. HURD] we have heard done this to meet the charge that colored men in the South are denied t~em read portions of the Constitution with an air of satisfaction, the right to vote as they please and to take away the last excuse of to try to show that the President has nothing to do with legislation, the republican party for wishing these laws we now seek to repeal and while still panting for breath after having announced so utterly to remain upon the statute-book. I have dwelt upon this subject be­ untenable a p0sition, turn upon the President and warn and threaten cause good and honest republicans of the North have wondered why him and the country with the direst consequences if he does not lay districts where t.he colored voters are immensely in the majority go at the feet of the democratic pari!y a constitutional power they so now overwhelmingly for democratic candidates. If I shall have vehemently deny he possesses. We have listened in vain for their thrown some light upon this vexed question, and if I shall have dem­ reference to and comments on the seventh section, article 1 of the onstrated that colored voters exercise their rights as American citi­ Constitution, which gives the President the veto power. They and zens freely and fully, then I have also taken away the last excuse others pass it by as though it was not to be found in the instrument. urged by the republican party for desiring Federal intervention in I would do my colleagues injustice to suppose they had never read or State elections, either by the presence of Federal troops or Federal heard of it. I do them ample justice when I say their ripe judgments marshals or Federal supervisors at the polls. taught them that no subtle reasoning would convince anybody, not But, Mr. Chairman, I am warned by the advancing hands of the even their democratic brethren, that its plain terms were meaningless. clock that but two or three minutes of my time remain, and I must It is true that all legislation originates with Congress, as all bills hurry to a close. The gentleman from New Jersey, [Mr. RoBESO~,] for raising revenue must originate in this House. (Section 7, arti­ in the close of his elaborate speech, alluded with an eloquence and cle 1, Constitution.) If Congress should refuse to pass any bills we beauty of language which I cannot command to that noble citizen of would have no legislation; if this House would originate no revenue Rome who, fully armed and mounted and glittering in all the para­ bills there would be no new revenue laws; but this does not prove phernalia ·with which the Roman knight was accustomed to meet the that Congress alone can make a law or that this House can alone pro­ enemies of Rome, plunged fearlessly into the gulf which had opened vide for raising revenue. In the oases given these bodies can alone in the Roman forum in order that the city might be saved. prevent legislation but cannot alone creat.e it. 1Ylr. Chairman, the South is reviled, misrepresented, calumniated, The President is given the sole appointing power under the Con­ and wronged ; her patriotism and her honor are all the time called in stitution, (save as to certain officers,) yet the Senate must advise question; but let me say to those who revile and to those who doubt and consent or his appointments fall. The reasoning of gentlemen and misrepresent that she is prepared to make any sacrifice which would authorize the President to say to the Senate that it should fealty and devotion to this Government shall ever demand of her pa­ advise and consent at his dictation. The Constitution is wisely made triotism ; and if a gulf should open in onr midst, threatening the up of "checks and balances." We cannot too clearly understand destruction of our Union and our Constitution, and naught but her the momentous question, the final issue of which now engages t.he sacrifice would close it and save this people, then, sir, do I believe anxious attention of above forty-five million of people, who are just she would come, not glittering in armor nor clad in the habilaments emerging from an era of long suffering and distress, connected with, of wealth and power-for she bas none of these-bat with face as growing out of, and incident to ooc recent great and bloody war, and sad as that eternal sadness which looks forever from the marble face enteringupona new era of comparative.prosperity and happiness. The of sculptured Antinous and with the blood and tears of her recent party now in possession of both branches of Congress, in its initial crucifixion still upon her garments, and yet with a martyr's resolu­ proclamation of ascendency to legislative power, notifies the country tion in her heart and with courage such as never nerved a Ro­ that it will leave the legislative and executive branches of the Gov­ man's heart or strung a Spartan's arm, would she willinglymakethe ernment unprovided for; that the administration of juatice in the sacrifice for the Constitution and the Union and for our common courts of the United States shall stop-" the wheels of justice'' shall country, with all its mighty destinies. [Great and long-continued no longer revolve; and that the Army shall be disbanded and our applause.] frontiers be left unguarded, our forts and arsenals um,nanned and un­ Mr. KEIFER. Mr. Chairman, the reapers over this broad field of protected, and the peaceable and law-abiding people and their prop­ debate have bad no Boaz to command them to purposelylet fall hands­ erty be left without security against domestic violence too great to ful of the ripe harvest for gleaners who should come after them. I be controlled by State and other authorities; or otherwise the officers may be permitted, however, to glean among the sheaves. In what I and men of the Army shall go unpaid, unclothed, and unfed ; and all have to say to.day I shall attempt no display of wit, rhetoric, or elo­ this, unless the minority in Congress and the chief executive.head of quence. We are called on to deal with a matter of supreme national the Government will assent to the repeal of all United States laws 934 CONGRESSIONAL RECORD-HOUSE. .APRIL 25, affording protection to citizens at the ballot-box from intimidation, THE TEST OATH. murder, and violence, and which may prevent ballot-box stuffing, re­ It is proposed to repeal certain provisions of the statute known as peating, and other election frauds. the jury law, fixing the qualifications of jurors, the substantive part More briefly put, the tiemocratic party now says through its mem­ of which is found in sections 820 and 821 of the Revised Statutes of bers here that all United States laws shall be repealed which stand the United State's. There is, I believe, a general acquiescence in the in the way of free frauds and open intimidation and violence at the repeal of section 820, which makes acts of' insurrection or rebellion polls, or it will withhold the necessary means to longer carry on the causes of disqualification and challenge of jurors in the United Sta.tes Government. This is the issue and this is the stake. If that party courts. This section was, doubtless, wisely enacted, but i4is repeal cannot be allowed to hold and control this nation through a violation can do no great harm at this day. of the purity and freedom of the ballot-box, then this Union shall no Section 821 should not be repealed, in my opinion, though perhaps longer live. Is this the height, breadth, and depth of the patriotism no great public injury would result. It only gives the attorney for of that party or the strength of the tenure of its love for this country. the United States the right to move, and the court, in its discretion, One member [Mr. BLACKBURN] goes even further, and in his candor the power to tender to persons summoned as jurors, an oath or affir­ and frankness t.ells us his party does not intend to stop with what is mation to support the Constitution, and that they have been guilty now proposed. In his speech of the 3d instant he said: of no act of insurrection or rebellion against the United States, and, For the first time in eighteen years past the democrao:y are back in power in on their declining to take such oath or affirmation, discharge them both branches of this Legislature, and she proposes to signalize her return to from serving as jurors. There may still be cases where persons once power; she pro:(l<>ses to celebrate her recovery of her long-lost heritage by tearing engaged in rebellion should not sit in judgment upon acts of others off these degradi.J?g badges of servitude and destroying the machinery of a corrupt involving the same elements of guilt. Under this section the whole and partisan legislation. We do not intend to stop until we have stricken the last vestige of your war measures from the statute-book, which, like these, were matter is in the discretion of the court. born of tlie passions incident to civil strife and looked to the abridgment of the But we a.re not permitted to vote alone for the repeal of the test­ liberty of the citizen. oath laws. The proposition comes coupled with one requiring the This should be a timely warning, but warnings a.re seldom heeded. whole plan of selecting jurors to be overturned. I believe for the first Eleven years and more have rolled by since a national democratic time in the history of the United States, or any of the States, so far as convention, in 1868, declared all the reconstruction acts of Congress I can learn, party politics is to be forced by law into the jnry-box. "unconstitutional, revolutionary, and void." The next step may be In addition to the repeal of certain sections of the law relating to to repeal all laws for the punishment of treason or the suppression of jurors, we are asked to vote for a provision which requires the clerk rebellion; they are also of onr war measures. and a commissioner appointed by the court of the "principal politi­ . My friend frem Virginia [Mr. TUCKER] and many on the other side cal party opposing that to which the clerk may belong'' to select one of this House speak of their return to the Union, to the "long-lost name, alternately, until the required number of jurors is obtained; heritage'' of which the gentleman from Kentucky speaks. Their the;y, of course, to select from their political party friends. Should a forced return was welcomed with a patriotic joy unspeakable. At political millennium be found in any United States court district where their coming there were bonfires, illuminations, shouts, prayers, all should see eye to eye in politics, no jurors could be selected at all. pmises., and invocations all over the loyal North. The gates of the (Just now it does not look like we are approaching a political millen­ Union were set wide ajar that their coming might not be obstructed. nium.) Such a law canonlybeproperJycharacterizedasinfamous. Ju­ If their return was voluntary the inducement to return was involun­ rors selected for party reasons would feel that the law justified them in tary. The only condition of their return was that they should re­ standing by their respective party friends. Verdicts would be in many main and be good citizens. Southern democrats were forced at can­ cases, both civil and criminal, impossible, and such is the avowed pur­ non's mouth and bayonet-point to take the ballot in the Union. When pose of the proposed legislation. Such a law would be unconstitu­ General Lee's army surrendered at Appomattox, Virginia, and Gen­ tional. It certainly violates the spirit if not the letter of the first sec­ era.I JOHNSTON'S at Greens borough, North Carolina, long steps toward tion of the fourteenth amendment to the Constitution. It would giving the South a free ballot were taken. abridge the privileges and immunities of citizens of the United States. Generals Grant and· Sherman with their armies made a free ballot Greenbn.ckers, nationals, socialists, independents, and non-partisans in the Union and under the Constitution for democrats in the South ~e to have no officer to put them on juries; theyarepmcticallydenied possible. ·And still the Army is abused and maligned. . if not rendered ineligible by law to sit upon a jury in the United Paradoxical as it may seem, the democratic party can now boast of States courts. nothing good in it (if it really possesses any merit) that it does not Mr. LOWE. Swallow both parties. We will tn.ke the whole jury owe to defeat in peace or war. Mr. KEIFER. I understand that you are capable of swallowing The republican party blazed the way for the democratic party far more than you can digest. [Laughter.] South to return to the Union, and on its return led its members up Mr. LOWE. There is no republican party in Alabama. They met to the ballot-box, rebaptized them with American citizenship, rA­ in State convention and there committed -political hari-ka.ri, and re- clothed many of them with justly forfeited civil rights, among which fased to nominate a ticket or arrange a platform. · is the right to hold office, and rehabilitated many of them with the Mr. KEIFER. Taken together, the proposition is to qualify those right to again gather around the sacred s11.rine of constitutional lib­ recently engaged in rebellion, and to disqualify those who (as green­ erty and worship at its purified altar, on which, for its preservation backers, &c.) do not belong to one of the two principal parties of the and perpetuation and for the benefit and glory of aU maukind, there country from sitting as jurors. I protest against the insult and out- was immolated half a million of patriots. rage. . It is my purpoee and design to briefly discuss the nature of the This proposition comes, like the others, after mature gestation from legislation proposed to be forced on this country, but before proceed~ the womb of a democratic caucus, although the member from Illinois ing to do so I desire to notice the so often cited supposed precedent, [Mr. SPRINGER] appeared as the putative father of it. drawn from Eng'lish history, as a justification of the revolutionary SUPERVISORS, MARSHALS, ETC., AT THE POLLS. course now entered upon by the dominant party here. This bill contains provisions for repealing all of substance of the The distinguished gentleman from Connecticut [Mr. HAWLEY] in present law authorizing chief supervisors and supervisors of elections his recent able speech has fully shown th~t in two hundred years of chosen from different political parties to be appointed by a United constitutional government no such attempt as this has been made in States court, to see that there is an honest registration of voters in monarchical England, where originally all power was vested in the States where registration is required; to scrutinize, count, and can­ Crown. I wish to add that from the days when a House of Commons vass the ballots, &c., to the end that an honest, free, and fair election was first formed and made the depository of legislat ive power; from and count of ballots cast for Representatives and Delegates in Con­ the reigu of Charles 1-1625 to 1639-through all the long, bloody, gr~ss may be had; also for the re pe~l of the law authorizing theap­ and angry civil strifes in England, neither the House of Commons pomtment to keep the peace by Umted States marshals of special nor any other organized power contending with the king for conces­ deput ies in cities of twenty thousand inhabitants or upward; and sions made a proposition even to take the life of the kingdom nnless also the law defining the duties on election days of the marshal, his concessions were granted by the crown. It is true subsidies for the general and special deputies; also the only section of the statute crown, the princes, and for the elevation and maintenance of roy­ providing a punishment for interferin~ with the discharge of the alty have been refused, also money to carry on a foreign war not duties of such supervisors, marshals, -&c.; also to modify the law so approved of by the Commons has been withheld, and only granted as in no case to require (only authorize) supervisors of election to as an equivalent for regal concessions to an oppressed people. But attend at the polls on election days, and to prohibit them from can­ in vain will search be made in the history of England for a precedent vassing the ballots cast. for the action now proposed. When, in 'the history of Great Britain The sections of the Revised Statutes sought to be repealed are or :my other conn try before this, bas a. legislative body ever said to 2016, 2018, 2020 to 2027, inclusive, and 5522; and section 2017 is to be the chief ruler, "Give us a law such as we demand, surrender to us a modified by striking out of the first line the words " are required," section of your arch of power, or we will destroy our own nation °i" It and section 2019 by striking out all relating to canvassing ballots, is reserved to an American Congress controlled by a revolutionary and section 2028 by striking out all relating to "a deputy marshal," democracy to first enter upon any such suicidal policy. The propo­ and the words "city, town, county, and parish." sition is not to withhold power or appropriations from the chief Ex­ If this bill passes in its present form it will take away all laws re­ ecutive of the nation, but to destroy the Government hy a failure to quiring marshals and their deputies te attend on election days and perform a sworn constitutional duty necessary to the Republic's life. keep the peace and protect the supervisors of election. Supervisors I crave your attention while I review, briefly as possible, the ob- (not chief supervisors) of election may still be appointed, clothed with jectionable features of the proposed legisfation. · authority (not required) to go to the polls and st:m.daround with their 1879. CONGRESSIONAL RECORD~HOUSE. 935 ii.ands in their pockets, at the ruk of their lives, so they may have the Mr. KEIFER. I will say to the gentleman that I will do that when sweet boon of informing on and swearing against violators of the law. I have more time than I ha.ve now, and as I proceed. What a glorious privilege granted to an American citizen I And My colleague [Mr. HURD] will allow me to do him an honor by say­ herein lies all the boa-sted merit of the retained portion of the law ing that he drafted these sections of Ohio statutes which so properly authorizing the appointment of supervisors of election-the privi­ arms both officers and citizens with what he now calls extraordinary lege (not duty) granted bylaw of watching their neighbors, and then power. Many of the States have the same wise provisions in their swearing against them at some future time I The only section (5522) statutes. It is a felony in Ohio to cast a fraudulent vote, and to com­ -of the statute which would afford such supervisors the slightest pro­ mit other offenses against her election laws; and hence by la.w any iiection while enjoying· this privilege is to be repealed in such way M officer or private citizen may arrest at the polls without warrant all to indicate that while the law does not make it a crime for super­ such offenders. visors of elections to be at the polls, it is perfectly proper to break The law now sought to be repealed does not authorize arrests to be their heads while there. Their own hands are to be tied against re­ mado "without process for any offense not committed in the presence sistance, and there is to be no law allowing any interference on elec­ of the marshal," his deputies, or of the supervisors of election. With tion days to prevent breaches of the peace, murder, &c., at the polls. these limitations the statute confers no unusual or extra-0rdinary There is to be at the polls free frauds and free crimes, unrestrained powers, but very necessary and salutary ones. Only those desiring by law. to offend against the election ln.ws, or to abet offenders against them, It is not necessary to have a law to ~rant the privilege to become or to gather the fruits of election frauds, would be expected to com­ -an informer and a witness where a cnme is committed. That is a plain of the present statutes. -privilege belonging to every man's "heritage." The democratic There may be imperfections in the law or wrong done sometimes party(sbould their bills now pending become laws) can go to the coun­ in its execution, yet not such as to afford a good· reason for blotting iiry and say "it has considerately permitted free swearing after elec­ it out. The sun, the cent~r and source of all light and heat, has its tions as well as free fraud in their conduct." dark spots. Who would for that reason favor striking it from the The section especially objectionable to democrats is the one (2022) firmament of the heavens f authorizing the United States marshal, his general and special depu­ SHALL PEACE BE PRESERVED AT THE POLI.81 ·ties, to keep the peace and to protect the supervisors of election in There is danger that some gentlemen may be deceived at the adroit­ the discharge of their duties, and which authorizes all these officers ness in which the proposed legislation on the Army bill is stated in to arrest at the polls, without warrant, persons who in their presence debate. My friend from Virginia [Mr. TUCKER] and other distin­ commit crimes against the election and othei; laws of the United guished members hardly want to deceive themselves in this way. States. The question is not, shall troops or armed men be used at the polls It should be specially noted that at the polls on election days, under to prevent a free and fair election; but it is this : shall peace be pre­ the proposed law, all persons are to be held sacred and free from ar­ served at the polls to secure a free and fair election 7 No person rest for offenses against the laws of the United States, aJ.though com­ favors the use of the military or civil power to prevent a. free, fair ·mitted in the presence of officers of the law. ballot, but the democratic party says, in effect, we shall not us ~ the The power and right of marshals and their deputies in discharging military or civil power to secure a free, fair ballo\. The words "or -their duties to call to their aid bystanders or a posse cornitatus are to to keep the peace at the polls" are to be stricken out of sections 2002 be taken away by the repeal of section 'W24. and 5528 of the statutes, thereby making it a high crime for any mili­ Is the power to make arrests without warrant an extraordinary tary, naval, or civil officer of the United States to put down violence -one 7 or suppress open crime at the polls on election days. It is now by My colleague [Mr. HURD] said these "supervising officers are armed law a high crime for any of these .officers to in any way hinder or with authority unknown in the history of the common law or State .prevent any person from voting. (Revised Statutes, section 2009.) lawe. They have authority at the day of election to make arrests Existing law also prohibits officers or other persons in the Army -without warrants," &c. or Navy from interfering with the right of a person to vote at any With due deference I insist that he is grossly in error both as to election. (Revised Statutes, sections 2003, 5529-5532.) A violation of the common law and Staro laws. At common law, high sheriffs, con­ these sections subjects the guilty to a fine of not exceeding $5,000 a.nd ·stables, marshals, and all other like officers are authorized to make imprisonment at hard labor not more than five years, and also per­ arrests on view and hold the accused until a legal warrant can be petual disqualification from holqing any office under the United States. -obtained. This right is supposed to belong to any dtizen. (Section 5532.) These e~traordinary penalties having been affixed In my State, (Ohio,) where the shackles of the law sit easy on the to any violation of the rights of a voter by United States officers, it good citizens, all the constabulary force of the State is required by remains to be determined whether their use to suppress riots purposely •Statute to arrest and detain all persons "found violating any law of gotten up to prevent a full, free, and fair vote should be made a the St.ate," &c., "until a legal warrant can be obtained." (Section 21, crime. -criminal code, 1869.) Another section (22) of Ohio's crimiI?al code is as The proposition of the majority on this floor i.s to, bylaw, countenance follows: and promote violence and disorders by lawless persons at the polls .A:ny person not an officer may, without warrant, arrest any person if a. petit on election days. Failing in this, the democratic party say the Union larceny or a. felony has been c~mmitted and there has been reason~ble ~roun~ to is not worth supporting. It values free fraud and unrestrained vio­ beli~v e the person arrested guilty of such an offense, and may detam him. until a lence more than the country. Jegal warrant can be ebtained. To amend the law a,s now proposed will paralyze the officers of the Mr. HURD. May I ask the gentleman a question Y United Statfls, so that at least on one day and at one place in each Mr. KEIFER. Certainly. year the shield of the laws of this country will be thrown around Mr. HURD. Will the gentleman read the section of the Ohio those who may engage in any kind of violence which will prevent a stat ute to which he refers Y full, fair, and honest expression of the will of the voters. Mr. KEIFER. I have just read one and have accurately quoted the In all this long debate not one word has escaped the lips of any substance of the other. democrat in contlemnation of the bands of lawless persons who are Mr. HURD. Which section has the gentleman read i to be permitted to invade the polls. Nothing has been brought to Mr. KEIFER. I read section 22 and quoted section 21. the notice of Congre s or the country during this long debate which Mr. HURD. What was the section the gentleman has just read T tends to prove that the officers of the Government have ever pre­ Mr. KEIFER. Section 2"2 of the code which you drafted. vented a single man from voting, and as he wished. The polls on Mr. HURD. Will you please read it again so that I may call the election days should be a place of absolute peace. Disorders and vio­ -attent ioo of the House to it f lence are the forerunners of and incident to election frauds. What Mr. KEIFER. I have not time to do it now, but I will send it to is the objection to peace at the polls 7 the gu.:t,Jeman and be can read it. It must be kept in mh1d that the legislation proposed makes it a Mr. HURD. I will state that the provision of t he Ohio code to crime for marshals and other officers in the civil service of the United which my colleague refers authorizes the arrest of private persons States to suppress riots, &c., by the aid of an armed posse comitatus -0nly in cases where petit larceny or felony has b~en committ-ed. at the polls. It is not the employment of troops alone that is to be Mr. KEIFER. All that is stated in the law, but I cannot yield prohibited at the polls, bnt the civil power of the Government is to longer to my colleague. I will send the provision to the gentleman, be suspended there. On a former occasion I said the democratic party -so that he can read it at his leisure. He wrote it, and he ought to favored free frauds at elections. From the legislation now proposed know all about it. that conclusion is irresistible. Mr. HURD. I will state that it contains the well-established prin­ By statute (R. S., sec. 788) the duties of marshals and their depu­ >Ciple of the common law that no citizen can be arrested except for ties in executing United States laws are the same as sheriffs and other felony or breach of the peace. . like officers in e:xtcuting state laws. These officers have always been Mr. KEIFER. My colleague is in error; it authorizes arrests by charged with the public duty of keeping the peace. They have been private persons without warrant. at common law and by statute authorized and required not only to Mr. GEDDES. Will the gentleman allow me to ask him a ques- suppress riots, &c., but to make arrests without warrant and' detain -tion f . persons found violating any criminal law or ordinance until a legal Mr. KEIFER. Certainly. warrant could be obtained. Under this legislation the functions of Mr. GEDDES. Will the gentleman expJain the meaning of that all this class of officers are to be suspended at elections of members clause in section 2022 of the supervisors act which provides that a. of Congress. ·Federal official may arrest a party who attempts or offers to commit The real cause of complaint is not that officers charged with the -0ne of the offenses named in the statute 7 duty under the present law of keeping the peace have failed to do ·936 CONGRESSIONAL RECORD-HOUSE. APRIL 25,

their duty, or that they have prevented legal voters from voting, but Mississippi, Georgia, and other States are given as instances to prove that they have overawed, or are likely to overawe, disturbers of the th~ good effects of the "liberty of the citizen" at elections uninflu­ peace at the polls who engage in preventing, by intimidation or other­ enced by troops or United States officers. Weare often told thatthe­ wise, the legal voter from voting, or who engage in promoting fraud colored men when left free vote of their own volition the democratic by repeating and ballot-box stuffing. To accomplish this end the ticket. Peace and order are now said to reign at the polls in demo· democratic party threaten, on failure, to stop the wheels of the Gov­ cratic Southern States. ernment and initiate revolution. The people will stand amazed in An examination of election returns reveals to us some startling facts. the presence of such a threat, but they will meet it with patriotism If democratic claims were true we would expect to find a largely aRd their sovereign power. increased vote in these States, especially democratic vote. At the Again and again during this discussion of the Army bill has it risk of being tedious I give here some :figures showing the vote in years been said these two sections are unconstitutional. My colleague when it is alleged the bayonet and carpet-bag rule held sway in com­ from Ohio [Mr. HURD] and my friend from Virginia, [Mr. TUCKER,] parison with more recent elections, held wholly free from such rule both justly distinguished for their legal learning, reiterate this view. and conducted on the broader principles of "democratic liberty." A I must be pardoned for differing with them. The sections, taken few examples must suffice for the whole southern vote where the alone or separately, do not undertake to authorize anything to be same conditions exist. done by any person; they are wholly prohibitory and restraining, In the second district of Georgia the democratic vote in 1872 was not permissive, statutes ; they make the use of troops or armed men 9,530, the republican 9,616; in the sixth district the democratic vote­ at the polls a crime on the part. ..of any United States military, naval, was 9,993, and republican 6,196 ; and in the eight.h district the demo­ or civil officer; they only limit a power which may exist under the cratic vote was 7,437, and the republican 6,230. In 1878 the vote in Constitution and laws. As has been so often said, these sections are the same Georgia districts waB, second district, (Mr. CooK's,) demo­ not to be repealed, but only re-enacted eo as to make it a crime cratic 2,628, republican 6; sixth district, (Mr. BLouNT's,) democra.tic (hitherto unknown) to keep the peace at the polls. 3,192, republican 18; and in the eighth district, (Mr. STEPHENS's,) The claim of gentlemen, then, is this : that it is unconstitutional democratic 3,673, and the republican 54. not to make it a penal offense to keep the peace where elections are In these three districts of Georgia the aggregate vote on Congress being helU. By necessary implication the proper officers should, as men in 1872 was, democratic 26,~60 and republican 22,042, and with a matter of duty, keep the peace everywhere else. a democratic "free election" in 1878 the total in the same districts During this debate it bas often been stated that the legislation was, democratic 9,439 and republican 78. The democratic vote fell proposed on the Army bill is similar to English law. This is wholly off from 1872 to 1878 over 60 per cent. (17,521) and the republican untrue. The honorable gentlemen from Kentucky [Mr. KNoTr] and vote all vanished save 78. from Mississippi [Mr. MULDROW] somewhat a~tonished us by the con­ The Mississippi election statistics are, if possible, more significant. fident manner in which they read English statutes to justify this The vote given is on Congressmen. legislation. I need hardly do more than invite attention to the laws In the third Mississippi district in 1872 the vote was, democratic quoted by them to convince every person that there is no possible 6,440 and the republican 15,047; in 1878 it was, democratic (for Mr. similarity between the two. The English statutes read are mere po­ MONEY) 4,025 and republican. 686. lice regulations for the ~overnment of soldiers (not officers) when not In the fourth district in 1872 the vote was, democratic 6,870, repub­

on duty ; no reference 18 even made to the duty of officers or the liean 15,595; in 1878 it was, democratic (for Mr. SINGLETON) 4,0251 powers of the Crown. The English statutes require soldiers quar­ republican 0. tered within two miles of election polls to remain in barracks, &c., In the fifth district in 1872 the vote was, democratic 8,073 and re­ when not on duty during an election. The proposed law would apply publican 14,817; in 1878 it was, democrat4c (Mr. HOOKER) 4,816 and only to officers, military, naval, or civil. There is not even an infer­ republican 686. ence to be drawn from the English statute that the government de­ In the sixth district in 1872 the vote was, democratic 8,W9, repnb­ signed to limit its power through its officers to keep tile peace at the lican 15,101; and in 1878 it was. democratic (Mr. CHALMERS) 6,663 polls or anywhere else. These English l::i.ws do not undertake even and republica.n 1,370. to regulate the conduct of all the soldiery, but only such as are quar­ The total v-ote on Congressmen i'n these four Mississippi districts tered within two miles of a nominating or voting place ; there is in 1872 was 29,892 democratic a.nd 60,560 republican; in 1878 it was nothing prescribed as to the conduct of all other British soldiers at 20,154 democratic and 2,050 republican. the polls. English statesmen do not make and keep for one hundred In 1872 the republicane, by large majorities, carried each of these years a defective law on the statute-books. four Mississippi districts; but in 1878, when the democratic vote had The statute of George II was passed when England had quartered fallen off 33 per cent., (or 7,738,) democrats were elected in each all over it troops, who often made election days an occasion for riot­ nearly unanimously. The republican vote went down from 60,560 in ous and disorderly conduct. The statute wa.s then and is still a wise 1872 to 2,050 in 1878. The total vote fell off from 90,452 in 1872 to one, and would be utterly unobjectionable in this country. 2"2,210 in 1878. This is the fruit of a democratic ''free" election in I give here the section of the statute of George II so often cited: the South. SEC. 2. And be it enacf.ed, That on every day appointed for the nomination orfor The member from the third district of Mississippi in 1878 received the election or for taking the poll for the election of a member or members to serve 2,295 less votes than Mr. Chisholm received in 1876, when he was in the Commons House of Parliament no soldier within two miles of any city, bor­ ough, town, or place where such nomination or election shall be declared or poll returned as beaten. The gallant Chi3holm and his heroic son and taken shall be allowed to go out of the barrack or quarters in which he is stationed, daughter, with many of his political friends, had met violent deaths unless for the purpose of mounting or relieving guard, or for giving his vote at for their temerity in 1876. such election; and that every soldier allowed to go out for any such purpose within Democrats boaBt that in the elections in MiSsissi ppi and other of the the limits aforesaid shall return to his barrack or quarters with all convenient speed aa soon aa his guard shall have been relieved or vote tendered. Southern States in 1878peace reigned; it was the peace and serenity The government of England has frequently used its army to sup­ which succeeds death. The work of the kuklux, white-liners, rifle press election riots in London and other large cities; notably at elec­ clubs, democratic regulators, through intimidation, assassination, tions held during the exciting times pending the repeal of the Corn and crime unparalleled in barbarity, bore its fruits and established Laws, and also when :financial relief was demanded. In Scotland and the rule of an armed and lawless minority over the timid majority, Ireland the army haB always been used to keep the peace when elec­ and the elective franchise was trampled in the dust. To an impla­ tion riots have occurred. Pending the struggle which resulted in the cable and merciless opposition the people surrendered their political rights. When the people no longer struggle for their rights against passage of the reform bill (in 1831) the election riots in Belfast and lawlessness then democrats cry," peace reigns." The Czar Nicholas other places in Ireland were put down by the British army, and it of Russia, after exterminating all the inhabitants of certain districts alone could keep \he peaee at the polls. Recently as 1872, during in poor unfortunate Poland and making a wilderness of the country, election and other riots in principal cities of Ireland, growing out of called it "peace." By the proposed legislation these lawles3 demo­ the deadly strife between Catholic and Orangemen, English soldiers cratic bands are in e:ffoct to be legalized. The figures given show were used to keep the peace. By law also all the police and constab­ that the colored men did not vote the democratic ticket L>ut did not ulary force of the kingdom are specially enjoined to keep the peace vote at all. at elections. The honorable gentleman [Mr. STEELE] of the sixth North Carolina It will be found that it was left to the democratic party of this country to attempt to legalize fraud, outrage, and violence at elections. district who did me the honor in February last of answering with My friend from Virginia [Mr. TUCKER] gave an instance where in some feeling a. five-minute speech of mine, then assured the House 1741 an English officer was," on bended knee," reprimanded by the that I was in error when I charged fraud, intimidation, violence, and murder to be election matters the allies of the democratic party; speaker of the House of Commons for, my friend says, "using troops in and he also th.:.n, and in his recent speech, assured us of the utterly a.t the polls." Not so; but for, under a pretense of quelling an" al­ leged riot at Westminster," assuming to control the election of a mem­ peaceful character of elections in his State, and especially in his own ber of Parliament. district. I need not furnish any evidence to the contrary. He did not however tell us why the vote in his district dwindled down from Under onr ~w a. similar offense would not be punished by a parlia­ mentary reprimand, but the offender would suffer fine, imprilionment, 23.261 in 1872 ancl 27,539 in 1876 to 5,328 in 1878; and he did not si;op and total disqualification from holding an office under the United to explain why the democratic vote (as reported) went down from States. (Revised Statutes, section 5532.) 17,256 in 1876 to 4,908 in 1878, or why the republican vote of 10,561 in 1872 and 10,282 in 1876 all vanished in 1878 but 258 votes. These fig­ WR.AT ARE FREE SOUTHERN ELECTIONS f ures are at least suggestive of a great controlling cause which com­ It is now alleged that recently peaceful, free, and fair elections pelled the people of bis district to forego the privilege of voting. have been held in the Southern States under democratic rule, and People do not voluntarily surrender this high privilege. • 1879. CONGRESSIONAL RECORD-HOUSE. 937

I make no charge against the honorable gentleman, but I assure party handed her hitherto rebellious people the ballot, granted them_ him that the figures make out a case of wrong somewhere. He com­ amnesty and pardon, rehabilitated them with full and complete cit­ pared his district for fairness in the election with my own, (fourth izenship, and without ample guarantees for the future made them_ Ohio.) My democratic opponent received about the sarr.e number of the peers in political rights and privileges of those who, under God, votes in 1878 cast in the same year for the three clemocratic members saved through blood and tears, at the cost of untold millions, the. from the sixth, [Mr. STEELE'S,] the seventh, [Mr. ARMFIELD's,] and Union. This was conciliation superadded to high magnanimity and_ the eighth [Mr. V ANCE's] North Carolina districts, and he was still grace. The North may yet tire of southern democratic demands. If,. beaten by 5,100 votes in a district below the avera~e of Ohio districts however, conciliation can ue made still more complete by the contin­ in population, and in which no suggestion of fraud was made by any ued exerise of grace and forgiveness I am most sincerely and heartily person. My opponent received in 1878 about 1,000 more votes than in favor of it. But if concessions of cardinal principles are still fur­ were cast in that year in the second, sixth, and eighth Georgia districts, ther demanded, with no arrogance I hope, and without threat, speak­ and he was overwhelmingly defeated, while the three honorable gen­ ing as I believe not only for my party but the truly patriotic people tlemen from thatState[Mr.BLOUNT,Mr.VooK, and Mr. STEPHENS] are of this whole country, I warn those who make such demands that. now chairmen of important committees of this House. With mor~ they will be successfully opposed not only in debate and by vote here vo.tes than it takes to elect three of "': be most distinguished southern and elsewhere, but, should the final arbiter be appealed to, on th&. democratic members of this House, a sin g~e northern democrat is left bloody theater of war. at home. Other examples equally strong could be given to show the Mr. Chairman, many of us have been surprised to hear a-dvocates. result of su.ch democratic role. of this legislation against the purity of the ballot-box demand it in. It does not come with good grace from gentlemen to assail my party the name of with the charge of preventing the people from voting. No case has LIBERTY. been cited to prove that any voter has been prevented by the use of In February last, Mr. Hewitt, of New York, made a speech here. the Army under republican rule from voting. The most that can be favoring this legislation and headed it "personal liberty of the citi­ said is that in some instances lawless democratic bands may have zen." Others have said they favored such legislation because they been prevented from taking possession of the polls. It is not for the desired "the subordination of the military to the civil power." My mass of the people of the South for whom the democratic party pleads. colleague [Mr. HURD] says he is filled with joy to recollect "that the That party never did plead for their rights in times past. fa legal­ party of the Army is not in power in this Congress." Has it come ized riots one of the methods by which "property, intelligence, and to pa:ss that the "personal liberty of the citizen" hangs on his power education will rule the land¥" as says a distinguished Senator, [Mr. to perpetrate fraud and violence on election days 7 Does it not abso­ 'l'HUIDfA...~.] Prior to the war, when there was so much eloquence lutely depend on his amenity to law in case he engages in either of expended over the rights and wrongs of the South by democratic those things Y Is the" subordination of the military to the civil power'" orators: nothing was said by them of the rights and against the secured by protecting by law open violence at election polls Y Would. wrongs of any persons, white or black, save those interested in slavery. this not be under sanction of la.w the subordination of both the mili­ The census of 1860showed12,240,000 population in the fifteen South­ tary and civil power to the licentious mobf Would it not be the'en­ ern States, 8,039,000 of whom were white, 251,000 free colored, and thronement of lawlessness and the overthrow of the highest and dear­ 3,950,000 were slaves. The same census showed there were 384,884 est rights of an American citizen f slave-holders in the United States, less than 5 per cent. of the total It is true the republican party "is the party of the Army." I hope white population of the South. Only about 20 per cent., as sta­ it will, in the future as in the past, invoke that strong arm of this tistics show, of the total white population of the South in 1860 were, Government as a last resort to save endangered constitutional liberty. through family relationship or otherwise, interested in slaves or slave What is liberty, civil liberty Y The nature of true liberty ought in labor directly or indirectly. It is still over the supposed wrongs of this this country to be understood. Liberty and authority go band in one-fifth of the white population (or their immediate descendants) of hand in a republic. Liberty unrestrained by authority is license. the South that the democratic party had so long mourned and still Authority unmitigated by liberty is tyranny. The instructed eye can mourn, utterly forgetting that the 4,000,000 colored people once held see no liberty where there is no restraint. Liberty and law sternly in slavery and the 80 per cent. <'f white people of the South, many confront each other; if the latter is withheld the former falls. La'Y of whom through the curse of slavery, socially and otherwise, were is the fly-wheel to the great mechanism of constitutional liberty.. It once worse off than the black slaves, possessed any rights to be is our proudest boast to-day that e"'lents of the last score of years have guarded. The word "liberty" had no meaning for them. demonstrated that our Government is strong enough to maintain itself The democratic party now, as in the past, in mockery cry out for against foreign or domestic foes, yet shorn by its organic act of all liberty and the people's rights. , power to oppress or degrade its most humble citizen. None now are That party precipitated this nation into a civil war in which blood so high a.a to he above the law and none so low as to be beneath the flowed in torrents for above four years to secure the supposed rights protection of the law. Liberty teaches us to reverence and support of on~fifth of the white people of t.he South, and to enable that few authority as well as to withstand tyranny. The love of liberty which to forge new fetters for the feet of 4,000,000 of God's people. And does not produce these effects is as hollow and hypocritical as a relig­ now that the democratic rebellion has failed that old party, before ion which is productive of immorality and an evil life. Seldom have the sulphurous smoke and fumes of a hell-born war have quite blown the rights of the people been assailed or cloven down that it was not away, proclaims itself the champion of the people's liberties. done in the name of "liberty" or '' religion," as though a great wrong When we have that freedom of the ballot desired by democrats it could be sanctified by a name. will be when and only when that sacred few of the South alone shall In the language of the heroic Madame Roland, as she bowed rev­ be suffered to vote, to the exclusion of the great mass of the white erently before a statue of lib~rty at her execution: "0 Liberty, what. voters and all the colored. Unless a speedy remedy is applied the crimes are committed in thy name!" figures given warn us the day is near when this so much desired ob­ Secession, rebellion, and treason invoked the sacred name of liberty ject of the democratic party will be attained. to shield from the broad glare of the civilized and Christianized world CONCILIATION. the shame, the infamy, and colossal crtme of attempting to perpetu­ It is also said that all these election laws should be amended or ally enthrone human slavery! In this country, under the disgraced repealed in the interests of conciliation. What is conciliation so mantle of the Constitution of onr fathers, slavery in its direst form much talked about on the other side of this Chamber Y Webster says was long protected and perpetuated. War was the only remedy for it is" to win over; to gain from a state of hostility." Are the gen­ the eradication of such national sins. The sacrifices of that war, tlemen on the other side of the House and t.heir constituents in a state manifold and terrible as they were, are more than compensated for of hostility Y We, re told the war and the rebellion have been at by the result attained. Let not licentiousness be mistaken !or liberty. an end for above fourteen years, and yet daily and hourly here con­ Licentiousness is a lawless power too often indulged in under a pre­ ciliation is demanded. tense of liberty. This demand is sometimes made to ring in onr ears coupled with a The poet Milton fitly characterized a class of persons, all of whom threat that without it the nation is still imperiled. The thing de­ are not yet dead. He said they were those- . manded is concession (not. conciliation) of the great fundamental That bawl for freedom in their senseless moods, principles of a free government, those for which the best blood of the And still revolt, when truth would set them free; land was shed. Are we never to be through conciliating those who License they mean, when they cry-liberty. tried to take the Republic's life 'I It is unworthy of a patriotic peo­ Let us cease this mockery in the name of liberty. ple to be constantly crying "Conciliate us!" "Conciliate us!" lest we In conclusion, Mr. Chairman, I beg to say this Government would do not become or remain good and patriotic-citizens. Those who laid rightfully spring to arrus to redress a wrong done to one of its citi­ down their treason with their arms should ask no conciliation and zens in a foreign land. Let it not be said that the broad shiclcl of they now need no forgiveness. Ont of the goodness and abundant the Constitution and laws of the United States shall not be thrown thankfulne s of the hearts of the loyal, patriotic people of this Union over and around an American citizen at home. all this class of persons were forgiven when the bells rang out and the I hope the Stars and Stripes shall e,-er be an emblem of liberty cannon pea1efl forth the joyful sounds of peace; that slavery was and protection for all citizens of this Republic on land and sea, at dead; that America's proud banner waved over none but the free; home as well as abroad. [Great applause on the republican side of and that the Union was vouchsafed to ns in all its integrity. Is con­ the Honse.] cili.ation all on one side t The North and my party demand nothing Mr. SPRINGER obtainecl the floor. of the South but that her people, possessed of equal rights before the The CHAIRMAN. The gentleman from Illinois [Mr. SPRINGER] law, sta.nd by the Republic now and for the future. bas fifteen minutes reserved by the gentleman from Louisiana [Mr. When, unwillingly, the South laid down its arms, the republican ELLis] and ten minutes from the gentleman from Ohio. '938 CONGRESSIONAL RECORD-HOUSE. APRIL 25,

Mr. SPRINGER. Mr. Chairman, the Conetitution of the United changes in this bill. We have refused to appropriate money for what States in the first article, and the first section of that article, provides is known as the Hayden survey, for we were of the opinion that serv­ that "all the legislative powers herein granted shall be vested in the ice was no longer necessary for the Government. We failed to put Congress of the United States, which shall consist of a Senate and in the bill an appropriation for such purpose. Would it be pro!Jer House of Representatives," and in the second clause in the fifth sec­ for the President to send the bill back with his veto saying, " I will tion of the same article it is provided that'' each House may deter­ forbid the paying of your own salaries; the paying of the salaries of -mine the rules of its own proceedings." the judges and the expenses of the courts, a.nu the paying of the By virtue of these constitutional powers this House has determined clerks in the Departments unless you put in the bill a clause appro- \ the rules of its proceedings, and among those rules will be found Rule priating money to pay for the survey of the public lands f' t is not 120, which prohibits propositions changing existing law, exeept such the province of any other department of the Government to question as being germane to the subject-matter of the bill shall retrench ex­ our right to limit an appropriation or to aboli.Rh any particular serv­ penditures. This House need not have passed t.hat rule; it need not ice that bas heretofore called for the expenditure of the public money.\ have had any rule on the subject, or when passing a rule it might It would be strange indeed if the Executive ihould veto a bill, not have provided that all legislation should be upon appropriation bills. on account of what was contained in it, but on account of that which It is the exclusive province of the House of Representatives to de­ it did not contain. Such a use of the veto power would give the termine its rules of proceedings and its methods of legislation. Executive and a minority in one House of Congress the power to ·whether it makes proper rules or not, or whether its rules be accept­ dictate all legislation, or " starve the Government to death." able to the other departments of Government or not, there is no Let us examine the precedents in this country in refer~nce to legis­ appeal from its action in making them, and we are alono responsible lation upon appropriation bills. In 1846, on the 12th day of August, to our constituents for making them. David Wilmot, of Pennsylvania, moved a proviso upon an appropria­ It is said that we have placed riders upon the appropriation bills. tion bill. That proviso bas taken his name and has become a part of ·suppose we have; who has a right to complain of that Y Has the the history of this country. The bill appropriated $3,000,000 for the Senate the right to complain of it Y The Senate can make its own purpose of ca~rying on the war with M~xico, and "the Wilmot pro­ rules. Has the President a right to complain of it' He has nothing viso" made it an express condition that none of that money should -to do with it. be mied for the acquisition of territory upon which slavery should This House having placed these provisions on the appropriation exist. When that provision was offered in the House of Representa­ bills it is alone responsible for them. If the President of the United tives a point of order was made upon it. The Chair overruled it, a.n States should see fit in the exercise of the powers conferred upon appeal was taken, and the Chair was sustained by the House. The him to veto a bill passed by this House and the Senate, he must find proceedings, as recorded in the Globe, volume 15, page 1217, are .another and a better reason than that there were two subjMts em­ worthy of careful consideration, and are as fo1lows: braced in one bill. Mr. Wilmot moved a.n amendment, to add at the end of Mr. McKn.y's modified But I deny that there is any rider upon the pending bill, or upon bill the following: the Army appropriation bill which has already passed this House and "Pro'IJided, That, as an express and fundamental condition to the acquisition of 1s now penning in the Senate. What is a rider Y The House of Lords any territory from the Republic of Mexico by the United States, by virtue of any treaty which may be ne_gotiated between them, and to the use by the Executive of .defined in 1702 what a rider was, or a "tack" on supply bills as it the moneys herein appropriated, neither slaver.v nor involuntary servitude shall was then called, by passing the following resolution : ever exist in auy :part of said territory, except for crime, whereof the party shall That the annexing a clause or clauses to a. bill of aid or supplies, the matt~r of be first duly convicted." which is foreign to and different from the matter of said bill of a.id or supply, is The first section of the bill was still under consideration, and after some conver­ unparliamentary and tends to the destruction of the constitution of this govern­ sation the amendment of Mr. Wilmot was received aa an amendment to this sec­ 'lllent. tion. Mr. Dobbin rose to a. point of order. He contended that the amendment of the Mark the words " foreign to" and " different from." gentleman from Pennsylvania. [Mr. Wilmot] was not in order, the subject of slavery I accept the doctrine in its fullest extent as applied to the English liaving no connection with the bill. The chairman overruled the point of order. The bill (he stated) appropriated ~arlia.ment. 'i But what do the Commons say in regard to their power a certain sum of money to be_ put at the disposal of the President. It WM certainly ~n the 3d day of July, 1675, the House of Commons laid down this competent on the part of the House to adopt a. provision limiting the applica1ion of rule with regard to appropriation bills; a rule which has been ac- the money and providing that it should be applied only on certain conilitions. cepted by the House of Lords and by all the other departments of Mr. Dobbin appealed from the decision. . The question on the appeal was ta.ken by tellers ; and the decision of the chair­ the government of England from that day to this, over two hundred man was sustained-ayes 92, noes 37. ..rears: Thus the amendment was decided in order. That all a.id and supplies and aids to His Majesty in Parliament are the sole That decision of the Chair and the House would to-day be de­ gift of the Commons; and all bills forthe granting of such a.ids and supplies ought -to begin with the Commons ; and that it is the undoubted and sole right of the nounced by some gentlemen as "revolution in Congress." The House -Oommons- at that time was democratic, having elected John W.Davis, of Indiana, Mark these words :- Speaker by a vote of 120 against 72 for his whig opponent. it is the undoubted and sole right of the Commons to direct, limit, and appoint in That is not all. There are other precedents in our history. In 1856 .such bills- there was pending in this House the reJ?ular Army appropriation bill­ What Y just such a bill as we had before this House a few days ago. At that time a gentleman, who is now one of the President's advisers, Mr. the ends, purposes, conditions, considerations, limitations, and qualifications of suoh ·grant: which ought not to be changed or altered by the Honse of Lords. John Sherman, was a member of this House. He moved to that bill an amendment in the following language: That rule has been in force for more than two hundred years. It Provided, nevertheless, That no part of the military force of the United States was the law of England one hundred years before our fathers rebelled herein provided for shall be employed in a.id of the enforcement of tho enactments .against the authority of that government. When our Constitution of the alleged Legislative Assembly of the Terrioory of Kansas, recently a.ssem bled was made the framers were cognizant of these provisions and re­ at Shawnee Mission, until Congress shall have enacted either that it was or was served to the Jll>use of Representatives the right to originate money not a valid Legislative Assembly, chosen in conformity with the organic law by the people of the said Territory: And provided, That until Congre s shall havo bills. And reserving that right, we took with it also, in passing every passed on the validity of the said Legislative Assembly of Kansas it shall be the bill appropriating the people's money, the right to say what limit duty of the President t-0 use the military force in said Territory to preserve the should be placed on the appropriation, what conditions should be peace, suppress insurrection, repel invasion, and to protect persons and property placed upon it, what end should be attained, what purposes should th~rein, and npon the national highways in the State of Missouri, from unlawfrll seizures and searches: And be it further pr017ided, That the President is required be subserved, and what should be the qualifications of the gra ~ to disarm the present organized militia. of the Territory of Ka.nsas, and recall all It is for this House to say what will be the limitation placed upon the United States arms therein distributed, and to prevent"a.rmed men from going -appropriation bills. And what have we said Y In reference to the into said Territory to disturb the public peace or aid in the enforcement or resist­ .Aimy appropriation bill we have said this and nothing more: that we ance of real or pretended Ia.ws.-Oongressional Globe, volume 32, part 3, page 1790 . -will appropriate money enough to support the Army in suppressing When that amendment was offered a point of order was made, and bands of hostile Indians; we will appropriate money sufficient to keep a republican chairman, Mr. Leiter, of Ohio, then presiding, sustained a force npon the Mexican border; but we will limit the expenditures the point of order and ruled out the amendment. Mr. Sherman took to those purposes only, and will refuse to vote the people's money to an appeal from that decision, and the committee sustained the appeal, pay for au .Aimy to be used as policemen to keep the peace at election declaring in effect that the amendment was in order upon an Army polls. We will not make an appropriation for transportation, for the bill. The question was settled, not by the decision of the Chair alone,

and the House of Representatives, controlled by the republican major­ my hand a volume of the Federalist, published in New York in 1788, ity, resolved to adhere to it. They did adhere to it until finally the at the very time when the Constitution was pending before the peo­ "808Sion adjourned without making appropriations for the Army. On ple of the United States-published for the purpose of influencing the 18th of August, 1856, the first Congress in which there was a their judgment upon that question. Thus these views sanctioned by republican House of Representatives adjourned without making ap­ James Madison, who is recognized as the" Father of the Constitu­ propriations for the .Army, because the Senate would not agree to tion," became a part of the understanding of the peeple in ratifying the limitations which the Honse proposed to couple with the appro­ that instrument. I will not detain the committee by reading, but priation. President Pierce convened Congress in extra session three will ask to have printed as a. part of my remarks the following ex­ nays thereafter. tracts from speeches on the Sherman proviso in 1856 by prominent Thus it will be seen that the republican party signalized its first leaders of the republican party. . existence as a majority in this House by forcing an extra session of Senator Lyman Trumbull, of Illinois, commenting upon the Sena.ta Congress rather than yield a provision which it had placed upon an amendment to strike out the Sherman proviso, said: appropriation bill to the effect that no part of the money should be Now, if the proposed amendment is agreed to, we are to send a bill back to the used for purposes which the House deemed unjust. House of Representatives, and say to its members: Unless you stultify yourselves, I will refer before I conclude to speeches made at that time by Mr. uuless you admit those laws to be valid which you have said were void, and unless you are willing to appropriate money to be used in the employment of troops to Wade, Mr. Trumbull, Mr. Fessenden, Mr. Seward, Mr. Joshua R. Gid­ enforce laws which you said were so invalid that they could not lay the foundation -dings, Mr. John P. Hale, Mr. Henry Wilson, and other gentlemen who for an election of a Delegate from the Territory, the whole Army appropriatioa were conspicuous members of the republican party, some of them in bill is to be lost, and the consequences are to be upon the country. I ay, sir, if this House and some in the other; all of them sustaining the action the Senate is prepared to take such a course, it assumes the responsibility and the whole responsibility of the defeat of this appropriation. It comes to us as one -of the House holding that these provisions were germane upon an bill. I hope, then, if the Senate should concur in the amendment proposed by the -appropriation bill, and that it was the right and duty of the House Senator from Virginia, that when the House refuses to a!!l'ee to it better counsels to maintain its dignity and authority by insisting upon such limita­ will prevail, and the Senate will r ecede and acquiesce in this legi ti.mate and proper tions. Among those speeches was one by the late Vice-President bill, which comes to it from the proper department of the Government. ...:_A.ppendia; Henry Wilson, in which he took the position that, according to the OongressionaZ G[,obe, Thirty-fourth Congress, page 1093. -rules of Parliament, it was the right of the House of Representatives Senator Trumbull at another time pending the same question said: to maintain a similar attitude in reference to appropriation bills; That House has made ample provision for the Army, and the question is simply -and he quoted at that time an article of Mr. Madison in the Feder­ shall the House of Representatives be coerced into an appropriation of money to enforce laws which have been found to be void, or shall t!Iis appropriation bill ~o alist, whose language was not only indorsed by Mr. Wilson, but by unpassed 1 I say, sir, the responsibility is here, and it cannot be charged that it is 'Senator Seward and other republicans. It was the accepted doctrine adopting a revolutionary measure; but the r esponsibility is upon the Senat.e which of all the leaders of that party in Congress at that time. I call the demands an anpropriation of money to enforce bogus laws in Kansas.-Gtobe, vol­ especial attention of republicans upon the other side of the House ume 32, page 2231. and of the people of the whole country to the following extract from Senator William Pitt Fessenden, of Maine, discussed the parlia­ the speech of Mr. Wilson. He said: mentary question and held the Sherman proviso to be germane to an These Senators have assumed to veil themselves in the garments of constitu· appropriation bill. He said: tional law and parliamentary authority. I intend to disrobe the honorable Sena­ Are we to be answered bv the honorable chairman of the Committee of Finance tors. 1 mean to strip them so naked that the mantle of charity, which is said to that Rueb a provision is not' germane to the bill ~ It is perfectly so; nothing CQuld .cover a multitude of sins, will not hide their nakedness from the public gaze. be more so. The Senator is learned in parliamentary history. Does he not know The action of the House is pronounced unconstitntional by these Senators. Other well that in the English Parliament from the earliest times not only have appropri­ I Senators have repeated the declaration. Will these Sena.tors condescend to in­ ation and revenue bills gone together, bat in cases without number it has been the form the Senate what clause of the Constitution the House has violated by putting ha.bit of that Parliament to check th~ power of the Crown by annexing conditions this proviso in the appropriation bill¥ Will these Senators point to the violated to their appropriations of money 1 It is not ouly not a new thin~, but a very com­ .section or clause 1 mon thing in the history of all Par ments. Does he not know tnat the only mode I * * * * * * * in which our ancestors of Massachusetts checked" the powers of their royal gov­ tRut the House is sustained in this conflict by the authority of James Madi.so~ ernors was by granting money ouly oo conditions 1 The power of supply and the Hi capacious mind conceived and his skillful hand framed many of the provi11ions power of annexing conditibns to supply have alivays gone together in parliament­ -0f the Constitution. If any American statesman among the living or dead ever un- ary history; and thefr joint exercise has never been denounced as a case of revo­ -Oerstood the intentions of the framers of the Constitution orthepowers of th.at instru- lution, or calling for revolution, or tending to produce revolution, in any shape or ment, Jam es Madison was that man. He ha-s been fitly designated the father of the form whatever. · State, chosen by the Legislature thereof, for six years; and each Sena.tor shall have propriation bill that can be framed. You are willing to go t.o the people on this one vote. issue ; so am I. I glory in taking it to the people.-Oongressional Globe, volume :t2, page 14. Let us analyze these two provision\' with reference to the power of * Congress over the elections of Senators and Representatives. The Senator from Virginia tells us that if the House attempt to iBterposo a con· The Constitution clearly recognizes the following provisions on the dition to an appropriation bill which they make, it is revolution. Well, sir, if to subject: resist in any way measures like these is revolution, I say let revolution come. The pride of the American people, the principles of the American Government, de­ First. United States Senators shall be chosen by the Legislatures mand revolution, if that be revolution. But is it revolution, Mr. President7 .Must of the States. • the people's House of Representatives sit with their arms folded, and although the Second. The times, places, and manner of holding elections for Constitution of the United States confers emphatically upon them the power to Senators shall be prescribed in each State by the Legislature thereof. originate :ill revenue bills, (which comprises the power to place these grants of money on such condition as they see fit,) musi; they refrain from exercising their Third. Congress may at anytime bylaw make regulations, or alter authority in an emergency like this1 Is this the liberty of the Ame1ican citizen, State regulations, prescribing the tinrns and manner of holdrng elec­ that the people's House, where there really is a representation of the people, where tions for Senators. the wisdom of the fathers placecl the taxing power, aro leading to revolution by Fourth. The times, places, and manner of holding elections for annexing a condition to the appropriation of the people's money-a. most whole­ some restraint, putLing a curb in the mouth of the traitor who sits in the execu­ Representatives shall be prescribed in ea.ch State by tbe Legislature tive chair, now stimulat.ing this country, as fast as ho can do ii;, to civil war 1 thereof. * * * * * * Ir. Fifth. Congress mn.y at 11ny time by law make regulations, or n.lter I repeat, I am sorry to see at this time, with all the light which we have on tho State regulatiollB, prescribing the times, places, and manner of hold­ subject, a disposition to resist tho will of the people's representatives, when that will is nothing under heaven but what meets the approbation of every just and ing elections for Representatives. unbiased man. The Constitution of the United States is remarkable for the pre4 * * * * * * cision of its language. Hence I have sought to make the provisions. I say the House of Representatives havo done right. They have inserted no pro· in reference to the elections of Senators and Representatives a little vision in this bill but what may be defended now and hereafter. before any just earthly tribunal, and before the .Almighty God. Thore is not a single article in more clear by setting forth each power recognized by the Constitu­ the proviso proposed to be stricken out which does not meet ihe approbation of tion in a separate proposition. Each of these five propositions can every just and unprejudiced man. The Houso of Representatives, representing a stand by itself, and each recognizes a distinct and independent con­ vast ma;iority of tho people, in view of these enormities, endeavoring to put some slight, though I admit inadequate, check on them, have offered you this mild and stitutional power or requirement. As to Senators, the choosing func­ equitable restraint on the Executirn. Here we aro told it is revolutionary, and tion is lodged in the Legislatures of the States, and the times, placet> therefore we must not breathe the breath of life int.o their action, but must permit and manner of electing Senators shall be prescribed in each State by it to go back to the Honse with our appeal to tbe Hoose to recede. Sir, I do not the Legislature thereof. But Congress may at any time prescribe the know but that yon may succeed under the idea that this is revolution; but, so help me God I lhopethattheman whoproposestoirecedeahair's breadth from theactfon times such elections shall take place, and the manner of holding the of the Hoose will never find his way back again; and I do not believe he will.­ elections. As the senatorial elections mast be by the Legislatures of Globe, App1mdix, Thirty·fourth Congress, page 1091. the States, Congress cannot, in the very nature of the case, prescriue­ Senator William H. Seward, of New York, said: any regulations as to the manner of holding the election, which would The time was, and that not long ago, when a proposition to employ the standing authorize agents of the Government to supervise the election or to. Army of the Unit.ed States as a domestic police would have been· universally de­ personally inspect and scrutinize the manner in which the voting was. nounced as a premature revelation of a plot, darkly contrivod in the chambers of done, or to enterthe legislative halls while the elections were progress­ conspiracy, to subvert the liberties of tho people and to overthrow the Republic ing, or to challenge the right of any member of the Legislature to­ itself. The Republic stands upon a fundamental principle that the people, in the exercise of equal right.a, will establish only just and equal iaws, and that their own vote, or to count the votes when cast and attach certificates to the free and enlightened public opinion is the only legitimate reliance for the mainte· records of the Legislature. But Congress may fix the times, nind may nance and execution of such laws. This principle is not even peculiar to Oluselves­ prescribe any regulations as to the manner, of holding the elections. it lies at the foundation of the government of every free people on earth. It is public opinion, not the imperial army, that executes the laws of the realm of Senators, which are self-executing-such, for instance, as that tlle· in England, Scotland, and Ireland. Whenever France is :freo, it is public opinion that voting shall be by ballot or viva voce, by separate houses or in joint execute11 the laws pf her republican legislature. It is public opinion that executes convention. Congress has already gone to the very extent of its the laws in all they the honorable I will pass to another subject, namely, the power of Congress over gentleman is doubtless that which is provided in the fourtp section the elections of Representatives. Section 4 of the the first article of of the fourth articlo of the Constitution, and not that which the> the Constitution is as follows: Army afforded, without invitation, the Legislature of Louisiana in The times, places, and manner of holding elections for Senators and ReJ?.resenta­ January, 1875. tive shall be prescribed in each State by the Legislature thereof· bot Congress ELECTIONS OF REPRESENTATIVES. may 11;t any time by law make or alter such regulations, except as io the places of While we may all agree as to the powers of Congress over the elec­ cb80smg Senators. tions of United States Sena.tors, there has been the widest diversity This provision should be construed in connection with the first clause of opinion on the subject of the elections of Representatives in Con­ of section 3 of article 1, which is as follows: gress. It seems·to rue that we all might get much closer togotberon The Senate of the United States sh:ill be composed of two Senat-Ors from each this question if we would take the letter and spirit of the Federal 1879. CONGRESSIONAL REOORD-HOUSE. 941

Constitution for our guide instead of consulting our own wishes or When mn.y Congress exercise its reserYed power to make regala­ our party necessities. tions as to the times, places, and manner of holding elections of Rep­ I will restate the constitutional provisions on this subject as I have resentatives f I answer in the language of Mr. Hamilton : already analyzed them : Whenever extraordinary. circmnstances might render that interposition neces Fourth. The times, places, and manner of holding elections for sary to its safety.-Federalist, No. 59. Representatives shall be prescribed in each State by the Legislature Congress may " at any time" make the regulations, and Congress thereof. alone must judge of the necessity or propriety of aBsuming its power Fifth. Congress may at any time by law make regulations· or alter over the subject. Congress has already assamed and exercised its re­ State regulations prescribing the times, places, and manner of hold­ served power aa to the time of holding elections for Representatives, ing elections for Representatives. and has fixed with certain exceptions the day, to wit, the Tuesday The only difference in the force of the language of the two pro­ after the first Monday in November every second year. No one bas visions is this: the State Legislatures "shall,'' the Congress '' may,'' denied the power of Congress to fix that day and require all the prescribe the regulations. It is universally conceded that the States States to comply with it; and an election held upon any other day are required by the Constitution to prescribe the times, places, and than that prescribed by Congress would be absolutely void. The manner of holding elections for Representatives in Congress. That power to regulate the manner of holding the election is equally broad power of the States is complete, and the terms used-" times," and complete. But when ought Congress to exercise its reserved "places," "manner "-cover the whole subject, everything necessary power to regulate the manner of holding elections for Representa­ to be done in order to bring a private citizen from his home in the tives Y The letter and spirit of the Constitution evidently contem­ State and seat him here as a Representative on this floor. Whether plated that the States would be left to exercise this important func­ this power is conferred upon the States or reserved by the States is tion, and for seventy-five years they did exercise it without question. immaterial. The power is expressly set forth in the Constitution, Mr. Han'.lilton, in the fifty-ninth article of the Federalist, quoted and under it the States may exercise all legislative powers necessary above, says upon this subject: to carry into effect the constitutional provision. But while this is They [the framers of the Constitution) have submitted the regulation of elec­ true, it is equally true that Congress may at any time by law exercise tions for the Federal Government in the first instance t.o the local ad.miuistrations, precisely the same power-that is, Congress may at any time by law which in ordinary cases, and when no improper views prevail, may be both more prescribe the times, places, and manner of holding elections for Rep­ convenient and more satisfactory. resentatives in Congress. And further, the power- I concede the power of Congress over the subject to be as full, per­ Mnst either have been lod~ed wholly in the National Legislature or wholly :In fect, and complete as the power of the States. If Congress in its wis­ the State Legislatures, or pnmarily in the latter and ultimately in the former. dom sees fit to assume this power, it may prescribe the times, places, The last mode has with reason been preferred by the convention. and manner of holding elections for Representatives and appoint its Mark the language of this important statement: primarily in the own agents for executing its provisions and for carrying its laws into States, but ultimately in the General Government-not to be exer­ complete effect. cised by both at the same time, but primarily in the one and ulti­ I concede further the fact that the Constitution and the laws of mately in the other. The power to pass a law implies the power to the United States which shall be made in pursuance thereof shall be provide for its enforcement. A law may be self-executing, or such the supreme law of the land, and tbat the judges in every State shall that its operation does not require personal agents to carry it into be bound thereby, anything in the constitution or laws of any State effect; such, for instance, as a law prescribing the time of holding an to the contrary notwithstanding. The laws which Congress may pass election. Or a law may require agents or officials to enforce it, as for in nursuance of the Constitution will override and supersede all State example regulations a.a to the registration of voters, the receiving and laws on the subject. counting of the ballots, and the making out of the certificates or re­ And while considering this provision of the Constitution I will ask turns of the election. Congress may pass laws making regulations as the careful attention of members to the articles in the Federalist on to the manner of holding elections for Representatives which are self­ the subject. I read from the fifty-ninth article, written by Alexander executing, and leave the States to make all such regulations as re­ Hamilton: quire personal a-gents or officials to carry the provisions into effect, The natural order of the subject leads us to consider, in the first place, that :pro­ without producing confusion or collision. But as long as State Legisla­ vision of the Constitution which authorizes the National Legislature to regulate tures are required to prescribe regulations which require personal in the last resort the election of its own members. It is in these words: "Tho times, 11.aces, and manner of holding elections for agents or officials to carry them into effect, the power of the Stato :Senat.ors and Representatives shall be :prescribed in each State by the Legislature is complete over such regulations and over the agents or officers who thereof ; but tho Congress may at any time by law make or alter such regulations, execute them. It is an axiom in natural philosophy that "two sub­ -except as to the places of choosing Senators." stances cannot occupy the same place at the same time." It is equally * * ~ * * * * I am ~tly mistaken, notwithstanding, if there be any article in the whole plan axiomatic that two legislative jurisdictions cannot take effect upon more completely defensible than this. Its propriety rests upon the evidence of the same subject-matter and the same personB at the same time. Two this proposition, that every government ought to contain in itself tho meang of its courts may have jurisdiction of the same subject-matter and the same -0wn pre!ervation. parties, but cannot exercise it at the same time: as, for instance, a It will not be alleg-ed that an election law could have been framed and inserted in State court has jurisdiction to naturalize foreign-born persons, to the Constitution, which would havo been applicable to every probable change in tr:v suits in which a citizen of one State is plaintiff and a citizen of the situation of the country; and it will therefore not be denied that a discretion­ another is defendant, and to try persons for counterfeiting the money .ary power over elections ought to exist somewhere. It will, I. presume, be as readily conceded that there were only three ways in of the United States. which this'power could have been reasonably organized: that it must either have A United States co'ttrt in the same district has also jurisdiction of. been lodged wholly in the National Legislature oc wholly in the State Legislatures, such cases, but both corirts cannot try the same case at the same time. <>r primarily in the latter, and ultimately in the former. The last mode has, with While the State court is exercising the jurisdiction, the Federal court reason, been preferred by the convention. They have submitted the re~tion of and the Federal Government and all its agents and officials must re­ ~lections for the Federal Government, in the first instance, to the local adminis­ trations, which, in ordinary cases, and where no improper views prevail, may be frain from any supervision, scrutiny, or interference whatever with the both more convenient and more satisfactory; but they have reserved to the na­ proceedings; and vice versa. The proceedings of the State coart can tional authority a ri~ht to interpose whenever extraordinary circumstances might only be reviewed on appeal or by writ of error to the supreme court render that interposition necessary to its safety. Nothing can be more evident than that an exclusive power of regulating elec­ of the State. And the decision of the State supreme court is final, tions for tho National Government, in the hands of the State Legislatures, would unless some law of Congress or the Constitution of the United States leave the existence of the Union entirely at their mercy. They could at any mo­ is in question, and then error may be prosecuted to the Supreme Court ment annihilate it by neglecting to provide for the choice of persons to adminis­ of the United States. This doctrine is in no way affected or modified t.er its affairs. by the provision for transferring certain ca-ses from State courts to Mr. Hamilton, who wrote these provisions, and Mr. Madison, who Federa.l courts before trial. While a State court is trying a person is recognized as the father of the Constitution, are equally responsi­ for counterfeiting United States coins or notes, or a·civil suit between ble for the articles in the Federalist. The articles all appeared, in citizens of different States, or hearing the application of a foreigner the first instance, under the same nom de plume of "Publius," and to be admitted to citizenship, it is exercising a jurisdiction concur­ were published in newspapers pending the adoption of the Constitu­ rent with the Federal jurisdiction. But while a State court is author­ tion in order to influence the decision of the people on the question ized to bear an application for admission to citizenship, the right nf ()f its ratification or rejection. These two great expounders of the determining the question is in that court, and, as no appeal from the Constitution are universally recognized as the highest authority on judgment of the court is provided for, the decision of admission is .questions of constitutional construction. And when it is conceded :final, and the certificate of naturalization is a record of the court that the power reserved to Congress to make at any time regulations and entitled to full faith and credit in every other State. Will it be .as to the times, places, and manner of holding elections for Repre­ claimed that because Congress may, if it sees fit, deprive State courts :sentatives was so reserved for the manifest reason that the Federal of jurisdiction in matters of naturalization, it may also, while the -Government should have within its own control sufficient power court is authorized to exercise the jurisdiction, send a United States to secure its own preservation, it follows that the reserved power was supervisor or marshal into a State court to supervise and scruti­ .ample for that purpose. The power reserved in the General Govern­ nize the proceedings, to take a position beside the judge, to interro­ ID_t}nt, then, is ample to preserve the existence of this House without gate the witnesses, and :finally to deny the right of the court to admit 3D.Y assistance, co-operation, or agency of the State governments. If the party to naturalization and to the rights of citiz~nshipt Such that be not tru~ the authors of tbe Constitution did not understand an absurd claim has never been asserted, and never will be. the meaning-of the language they employed, and the people who rati­ It would be just as unconstitutional for the General GovernmQnt to dled it did so under a misapprehension of its meaning. attempt to send agents, supervisors, or marshals into a State Legis- 942 CONGRESSIONAL RECORD-HOUSE. APRIL 25,.. lature to supervise, scrutinize, and count the votes cast for United the judges are required to admit certain specified persons to the room States Senators, and make out certificates and enter them of record where the election is held, and no others. Yet the law of Congress on the journals of the Legislature. It makes no difference that the makes it unlawful to exclude the United States supervisors of elec­ State Legislature has the exclusive power of choosing the Senators. tion. The State judges are authorized to pass upon the qualifications The State court has, when exercising jurisdiction as to naturali­ of every person offering to vote, to prevent ille~al or fraudulent votes zation, the right to exercise that jurisdiction in its own way, ac­ from being cast, &o. But by section 2022 of the Revised Statutes ot cording to its own understanding of the law, and free from all ad­ the United States, it is made the duty of the marshal and his depu­ vice, interference, or outside supervision or scrutiny of any kind ties "to prevent fraudulent voting or fraudulent conduct on the whatever. So with the judges of elections, acting under State law part of any officer of election," and immediately, either before or after and receiving their appointment and deriving their jurisdiction from voting, "to arrest and take into custody, with or without process,. State laws. The three election judges in Illinois, for instance, con­ any person who commits or attempts or offers to commit any of the stitute an organized body-a court of certain jurisdiction, limited it acts or offenses prohibited herein," &c. If the State judges of elec­ is true, but complete as to the subjects committed to it. They may tion should decide to permit any person to vote, whose vote the mar­ administ13r oaths and determine, by a majority vote, all questions of shal or his deputies might, in their wisdom, regard as fraudulent, or law and fact which may arise a.a to the qualifications of any person if they should do anything which these marshals might regard as offering to vote. They have clerks to record their proceedings. They "fraudulent conduct," an offense capable of indefinite expansion or must count, certify, and return the votes cast, and do and perform all contraction, according to the partisan zeal of the marshal, the judges other acts and things necessary to complete the receiving, counting, would be liable to instant arrest without process. Upon the slightest. and returning of the votes ca~t. pretext the State officials might be dragged from their places, and a The gentleman from New Jersey, [Mr. ROBESON,] as I have already mob of partisans, headed by United States marshals and their depu­ shown, concedes that the Congress of the United States has no power ties, could take po session of the polls and make the further holding to send supervisors into the Legislatures of the States when those of the election an impossibility-all under the color of a law of Con­ Legislatures are engaged in the work of electing Senators, for the gress. Is it possible that such a law can be passed in pursuance of reason that, by the Federal Constitution, we have adopted the Legis­ the Constitution T Have our fathers transmitted to us as a sacred lature of the Stat-a as a whole, and it "must act according to its con­ legacy a fundamental law which permits snch outrageous usurpa­ stitution as a Legislature." He further said: "Every member of it tion f I do not believe it. might be false and fraudulent, yet we would have no power to con­ The States are now required to provide election blanks, to pay for trol it." For myself I cannot see the difference between the right of making out registry lists, to post notices of the elections, to furnish a court, of a Legislature, or of a board of election judges to perform ballot-boxes, to pay the salaries of the judges and clerks of the election,. their legitimate functions in their own way, free from all " outside and to provide suitable rooms in which the elections may be held. authority." The one .is as completely an organized body as the others. The blanks, ballot-boxes, and rooms are procured by the States at. If the laws of Congress or the Constitution of the United States adopt their own expense, and for the accommodation of their own officials. either of therp. to perform for the Federal Government a particular It has been heretofore universally understood that whatever person function, or exerciRe a particular jurisdiction, the body adopted must or corporation or body-politic purchased and paid for, belonged to perform its duties in its own way, according to its own rules and such person and could be used and controlled accordingly. But that. judgment, and under the laws creating their offices a.nd defining their principle is now openly disregarded by the Federal election laws. powers. . The States are now required to rent rooms, purchase ballot-boxes and The judges of an election are State officers. In the State of Illi­ election blanks, and pay all the expenses thereof, and United States nois they take the following oath before entering upon the discharge supervisors are authorized tomakeindorsementson the State's blanks of their duties : and certificates, to remain with the State's ballot-boxes, exercising a. I do solemnly swear that I will support the Constitution of the United States joint custody over them, and to ent'3r the room rented and provided and the constitution of the State of Illinois, and that I will faithfully discharge by the State, and "there remain until every duty in respect to such the dnties of the office of judg.e of election, according to the best of my ability. canva.ss, certificates, returns, and statements has been wholly com­ Their duties are clearly laid down in the State laws, and these are pleted." It is strange that this arbitrary power did not go a littl& the duties they take an oath faithfully to perform. Under the la.ws furtner, and require the States to furnish the United States super­ of the State of Illinois, all ballots are numbered with a number cor­ visors and marshals suitable rations and sleeping accommodations. responding with the number of the voter on the poll list. But it is We submit this plain question to the honest judgment of gentle­ made a misdemeanor, punishable by fine of $1,000 and imprisonment men on the other side of the House: Can two jurisdictions be made for one year, for any judge or clerk of election to ascertain, by com­ to operate upon the holding of the same election at the same time t · parison of the poll-book with the ballot, or allow any other person Is not this as absurd as to subject a person to trial for the same of­ to ascertain by such comparison or otherwise, how any elector voted fense in two different courts at the same time 41 One court might at the election. By section 2018 of the Revised Statutes ·of the United sentence the prisoner to imprisonment for life, and the other to be States it is made the duty of United States supervisors of election hanged. " to personally scrutinize, count, and canvass each ballot in their If jurisdiction to hold an election for Representatives in CongresS> election district or voting precinct cast, whatever may be the indorse­ be derived from State laws, passed in pursuance of the Constitution ment on the ballot," and by the preceding section they may inspect of the United States, it is exclusively, over that particular election,. the "poll-books, registry lists, and other tallies or check-books." in the State officers conducting it. But if such election is held in And by section 5522 of the Revised Statutes of the United States it pursuance of Federal laws, passed in pursue.nee of the Constitution, is enacted as follows : the jurisdiction is exclusively in the Federal officers, so far as the Every person, whether with or without any authorify, power, or process, or pre­ holding of the election is concerned. The holding of an election is. tended authority, power or process, of ally State, Territory, or municipality, who a judicial function, as well as ministerial. Two sets of officials, de­ obstructs, hinders, assa;tlts, or by bribery, solicitation, or otherwise, interferes with riving their powers from separate legislative jurisdictions, cannot be or prevents the supervisors of election, or either of them, or the marshal or his i>en­ eral or special depntie11, or either of them, in the performance of any duty reqmred . required to perform the same official duties in respect to the same of them, or either of them, or which he or they, or either of them, may be authorized subject-matter at the same ti,me and in the same place. Nor can one to perform by any la.w of the United States, in the e:x.ecution of process or other­ legislative jurisdiction or law-making power require the acrents or-­ wise, or who by any of the means before mentioned hinders or prevents the free attendance and presence at such places of registration or nt such polls of election, officials of another law-making power to execute its laws wh~n such or full and free access and ej!ress to and from any such place of registration or poll laws may conflict with the Jaws of the other. No man can serve two of election, or in going to and from any such pla.co of registration or poll of elec­ masters. · tion, or to and from any room, where any such re.ltistr:ttion or election or canvass tThl>ER WHOSE PROTECTION ARE THE VOTERS 7 of votes, or of making any returns or certificates thereof, may be had, or who mo­ lests, interferes with, removes, or ejects from any such place of registration or poll When a Legislature is engaged in the duty of electing United States­ of election, or of canvassing votes cast thereat, or of making returns or certifi­ Senators, the members in going to and returning from the Legisla­ cates thereof, any supervisor of election, the marshal, or his ~eneral or special dep­ ture are under the protection of the State constitution and laws. If uties, or either of them; or who threatens, or attempts, or offers so to do, or refuses their deliberations are threatened by domestic violence, they may call or neglects to aid and assist any supervisor of election, or the marshal or his gen­ eral or special deputies, or either of them, in the performance of his or their duties, upon the President of the United States to protect them. If they are when required by him or them, or either of them, to girn such aid and assistance, dispersed by a mob and cannot assemble, it would be the duty of the sball be liable to instant arrest without process, and shall be punished by imprison­ governor of the State to call on the President of the United States. ment not more than two years, or by a fine of not moro than S3,000, or by both such for aid, and it would be the duty of the President to respond with all fine and imprisonment, and shall pay the cost of the prosecution. available forces at his command. This is one of the sections which we propose to repeal by the pend· If a State court is engaged in trying a person for the crime of conn-. ing bill. In view of this sweeping provision and sections 2017 and terfeiting, or in the business of hearing applications for naturaliza­ 2018 which ae.thorize the supervisors of elections to scrutinize the tion, or in any other official duty, the wilinesses and jurors must look. poll lists and the indorsements on each ballot, and the law of Illi­ to the court for protection in going to, remaining at, and returning nois which inflicts severe penalties upon an election judge of the from the court, and parties litigant must be pn>tected in the presence. State who permits this to be done, what is the unfortunate official of the court, by the court. This is true, although the State court is. sworn to faithfully perform his duties to do in t,he premises f If he· exercising a jurisdiction derived from the Federal laws as well aafrom executes the State law aml refuses the inspection, he is "liable to in­ the State. So in regard to the matter of holding an election for Rep-· stant arrest without process," and to a fine of 3,000 and imprison­ resentatives in Congress. If the officials holding the election are the ment for two years, and if he violates the State statute and permits officers of the State, acting in pursuance of State statutes, and deriv­ the inspection, he is liable to a :tine of a thousand dollars and to one ing all their powers from the State, it is the duty of the State to pro­ year in the county jail. But this is not all. By the laws of Illinois, tect such officers, and all persons who may be entitled to vote at such. 1879. CONGRESSIONAL RECORD-HOUSE. 943 election, in going to, remaining at, and returning from the same. But itary, or naval service of the United States, shall order, bring, keep, or have under if Congress should at any time by law make regulations for holding his authority or control, any troops or armed men at tho place where any general. or special election is held in any State, unless it be necessary to repel the armeQ elections for Representatives in Congress, and appoint its officers for enemies of the United States. conducting the same, then and in such case, the United States would SEC. 2003. No officer of the Army or Navy of the United States shall prescribe asoume the duty and obligation of protecting its officers while hold­ or fix, or at.tempt to prescribe or fix, by proclamation, order, or otherwise, the qualification of voters in any State, or in any manner interfere with the freedom. ing the election, :md all persons who were entitled to vote, in coming of any election in any State, or with the exercise of the free right of suffrage in any to, remaining at, and returning from the same. In this way alone State. (See sections' 5530-553'2.) can collisionB and conflicting jurisdictions be prevented. SEC. 2004. All citizens of the United States who are otherwise qualified by law The Creator of the Universehas so ordained his laws that no two stars to "\"Ote at any election by the t>eople in any Stat.a, Territory, district, county, city, will ever, under circumstances, chance to meet at the same point parish. township, school district, municipality, or other territorial subdivision, shall any be entitled and allowed to vote at all such elections, without distinction of race, in space. Otherwise the whole solar system would be a failure, and color, or previous condition of servitude; any constitution, la.w, custom, usage, or­ the earth and the stars might at any time come into collision. There regulatiou of any State or Territory, or by or under its authority, to the contrary must Le harmony in the laws of man as well as in those of the Creator. notwithstanding. · SEC. 2005. When, under the authority of the constitution or laws of any State, Richard Hooker, nearly three hundred years ago, discovered this or the laws of any Territory. any act is required to be done as a prerequisite or­ truth. He said: "Of law there can be no less acknowledged than qualification for voting, and by such constitution or laws persons or officers are that her seat is in the bosom of God-her voice the harmony of the charged with the duty of furnishing to citizens an opportunity t-0 perform such world." When our fathers made the Constitution of the United prerequisite, or to become qualified to vote, every such person and officer shall give to all citizens of the United States the same and equal opportunity to perform such States they conceived the great truth that there could be two gov­ prerequisite, and to b_ecome qualified to vote. ernments in this country-one State and the other Federal-an impe­ SEC. 2006. Every person or officer charged with the duty specified in the preced­ r-ium in imperio, each having its appropriate sphere, each sovereign in ing section, who refuses or knowingly omits to give fnll eft'ect to that section, shall its own powers, and the rights, powers, and jurisdiction of each so forfeit the sum of $500 to the party a~grieved by such refusal or omission, to be re­ covered by an action on the case, witn costs, and such allowance for counsel fees carefully defined that their working together could be as harmonious as the court may deem just. · and a.s free from collision and conflict as the movements of the earth SEC.2007. Wheneverundertheanthorityoftheconstitution or laws of anySt.ater and stars in space. The statesmen of the Old World do not under­ or the laws of any Territory, any act is required to be done by a citizen as a pre­ stand this Federal and State system o:f government. And I am sorry requisite to qualify or entitle him to vote, the offer of such citizen to perform the act required to be done shall, if it fail to be carried into execution by reason of the that so many of our own citizens fail to see, or seeing refuse to rec­ wrongful act or omission of the person or officer charged with the duty of receiv­ ognize, the peculiar features of our dual system. If we will carefully ingor permitting such performance or offer to perform, or acting thereon, be deemed'. examine the Constitution of the United States we will find it to be, and held as a performance in la.w of such act i and the person so offering and fail. if not the perfection of human wisdom, at least the best system of Ing to vote, and being otherwise q_nalified, snail be entitled to vote in the same manner and to the same extent as if he had in fact performed snch act. govunment ever devised by the wisdom of men. It has survived SEC. 2008. Every judge, inspector, or other officer of election whose duty it is to­ the vicissitudes of nearly a century of time; it has proven itself equally receive, count, certify, register, report, or give effect to the vote of such citizen, strong and effectual in peace and in war ; it has the undoubted power who wro~~lly refuses or omits to receive, count, certify, register, report, or give effect to me vote of such citizen upon the presentation by him of his affidavit, of self-preservation; it may exercise all its functions without en­ stating such offer and the time and place thereof, and the name of the officer or croaching upon the rights of the States or infringing upon the liber­ person whose duty it was to act thereon, and that he was wrongfully prevented ties of the people. by such person or officer from performing such act, shall forfeit the sum of $500 Bat I must pass on. I concur, Mr. Chairman, with much of the to the party aggrieved by such refusal or omission, to be recovered by an action on the case, with costs, ana such allowance for counsel fees as the court may deem speech of the gentleman from New Jersey [Mr.ROBESON] delivered just. a few days ago on this subject. I put this question to him now, "Are SEC. 2009. Every officer or other person, having powers or duties of an official these laws which have been passed, known as the Federal election character to discharge under any of the provisions of this title, who by threats, or laws, constitutional 'f Does he hold them to be constitutional T Does any unlawful means, hinders, delays, prevents, or obstructs, or combines and con­ federates with others t-0 hinder, delay, prevent, or obstrnct any citizen from doing he hold them to be made in pursuance of the power of Congress to any act required to be done to qualify him to vote, or from voting at any election prescribe regulations as to" the times, places, and manner of hold­ in any State, Territory, district, countr, city, parish, township, school district, ing elections f" He nods assent. He does hold them to be constitu­ municipality, or other territorial subdivision, shall forfeit the sum of $500 to the tional. I am glad the gentleman has given his opinion. I am only person aggrieved thereby, to be recovered by an action on the case, with costs, and such allowance for counsel fees as the court may deem just. sorry he was not a member of the last House at the last session when SEC. 2010. Whenever any person is defeated or deprived of his election to an:y office, the Dean-Field case was before the Honse. The minority of the except elector of President or Vice-President, Representative or Delegate m Con­ committee, represented by four gentlemen on the other side, held gress, or member of a State Legislature, by reason of the denial to any citizen who that this law was not made in pursuance of that authority, but wa,g may offer to vote, of the right to vote, on account of race color, or previous condi­ tion of servitude, his right to hold and enjoy such office and the emoluments thereof, made in pursance of the authority to enforce the rights of citizens of shall not be impaired by such denial· and the person so defeated or deprived may the United States to vote in the several States of the Union. bring any appropriate suit or proceedi_;;g to recover possession of such office, ancl The CHAIRMAN. The gentleman's time has expired. in cases where it appears that the sole question touchin~ the title to such office Mr. SPRINGER. I hope I may be allowed to continue for a moment arises out of the denial of the right to vote to citizens wno so offered to vote, on longer. account of race, color, or previous condition of servitude, such suit or proceeding Mr. PHISTER. I hope the gentleman will be permitted to con­ :a~:~s~~Jc~ s!~hcir~~~~rr~fZi~~t ~J ~e~~Y~\te~ SJfs~Jctf ~~~~~~J clude his speech as he very seldom occupies the floor. have, concurrently with &e State courts, jurisdiction thereof, so far as to deter­ Mr. EWING. I will yield the gentleman one minute of my time. mine the rights of the parties to such office by reason of the denial of the right guaranteed by the fifteenth article of amendment to the Constitution of the United Mr. SPRINGER. I ask that the time I may consume shall not be States, and secured herein. counted out of the time of the gentleman from Ohio. If it is I will SEC. 2011. Whenever, in any city or town having upward of twenty thousand: not consume further time. inhabitants, there are two citizens thereof, or whenever, in any county or parish, is in any congressional district, there are ten citizens thereof, of good standing, who, Mr. GARFIELD. Does this extend the time when the debate to prior to any registration of voters for an election for Representative or Delegate be closed t m the Congress of the United States, or prior to any election at which a Representa­ Mr. BREWER. I object to extending the ti.file. tive or Delegate in Congress is to be voted for, may make known, in writing, to Mr. SPRINGER. I will take the minute allowed me by the gentle­ the judge of the circuit court of the United States for the circuit wherein s11ch city or town, county or parish, is situated, their desire to have such registration, man from Ohio. It appeared in the contested-election case of Dean or such election, or both, guarded and scrutinized, the judge, within not less than against ~ield that two supervis?rs at each voting place-twenty i.;11 ten days prior to the registration, if one there be, or, if no registration be required, all-appomted under the authority of Congress had shown by their within not less than ten days prior to the election, shall open the circuit court at report that Mr. Dean, a democrat, was elected; but when that report the most convenient point in the circuit. , SEC. 2012. The court, when so opened by the judge, shall proceed to appoint and came before us as part of the facts in the contested-election case, every commission, from day to day and from time to time, and under the hand of the­ republican on that side of the House refused to give any weight to jndge, and under the seal of the court, for each election district or voting precinct the supervisors' count and instead took the count of three aldermen in such city or town, or for such election district or voting precinct ill the con­ made at night-time three days after the election when no supervisors gressional iii.strict, as may have applied in the manner herembefore prescribed, and to revoke, change, or renew such appointmentfrom time to time, two citizens, were present to supervise the count. Was that right Y I ask the gen­ residents of the city or town, or of the election district or voting precinct in the­ tleman from New Jersey whether it was. I do not think he believes county or l>arish, wbo shall be of different political parties, and able to read and it was. write the English language, and who shall be known and designated as supervisors I promised to answer a question put to me by the gentleman from of election. SEC. 2013. The circuit court, when opened by the judge as required in the tw<> Maine a. few days a.go when I was in the chair as chairman of the preceding sections, shall therefrom and thereafter, and up to and including the day Committee of the Whole on the Army bill, but my time will not now following the day of election, be always open for the transaction of business under permit. I will merely say_ that the marshals under the statutes of the this title and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vaeation as in term time; and a judge sitting at cham bars shall United States have all the powers that sheriffs have in the States and have the same powers and jurisdiction, including the J?OWer of keeping order and no more. of punishing any contempt of his authority, as when sitting in court. FEDERAL ELECTION LAWS LEFT IY FORCE. SEc. 2014. Whenever, from any cause, the judge. of the circuit court in any ju· It has been frequently stated that should the pending bill pass, all dicial circuit is unable to perform and discharge the duties herein imposed, he is laws of Congress for protecting voters and punishing frauds at elec- required to select and a.ssigu to the performance thereof. in his place, such one of · t k ld .:i d the judges of the district courts within his circuit as he may deem best; and upon tionswo uld b erepeal e d . N o great erffil8 a ecou be ma-ue. In or er such seJection and assignment being made, the district judge so designated shall to completely refute this statement I will ask to have printed as a perform and discharge, in the plaee of the circuit Judge, all tne duties, ~wers, and part of my remarks the election laws of the United States as they will obligations imposed and conferred upon the circrut jnd!?e by the provisions hereof. t d . f th r d Th f ll SEC. 2015. The preceding section shall be construed to authorize. each of the s an l e repea mg measures are pa,gse . ey are as o ows: judges of the circuit courts of the United States to designate one or more of the TITLE XXVI. judges of the district courts within his circuit to discharge the duties arising under THE ELECTIVE FRANCHISE. J this title. SEC. 2002. No military or naval officer, or other person engaged in the civil, mil· (Section 2016 to be repealed.] 944 CONGRESSIONAL RECORD-HOUSE. APRIL 25,

Sxc. 2017. The supervisors of election are authorized * * * to attend at all of registration to violate or refuse to comply with his duty or any law regulating times and places for holding elections of Representatives or Delegates in COD1?T0SS, the same; or if any such officer knowingly and willfully registers as a voter any and for counting the votes cast at such elections; to challenge any vote offered person not entitled to be registered, or refuses to so register any person entitled to by any person whose legal qualifications the supervisors, or either of them, may be registered; or if any such officer or other person who has any duty to perform in doubt; to be and remain where the ballot-boxes are kept at all times after the polls relation to such registration or election, in ascertaining, announcing, or declaring are open until every vote cast at such time and place has been counted the canvass the result thereof, or in giving or making any certificate, document, or evidence in of all votes polled wholly completed, and the proper and requisite certificates1 or re­ relation thereto, knowingly neglects or refuses to perform any duty required by turns made, whether the certificates or returns be required under any law of the law, or violates any duty imposed by law, or does any act unauthorized by law re­ United States, or any State, territorial, or municipal law, and to personally inspect lating to or affecting such registration or election, or the result thereof, or any cer­ .and scrutinize, from time to time, and at all times, on the day of election, the man­ tificate, document, or evidence in relation thereto, or if any person n.ids, counsels, ner in which the voting is done, and the way and method in which the poll-books, procures, or advises, any such voter, person, or officer to do any act hereby made a registry list, and tallies or check-books, whether the same are required by any law crime, or to omit any act the omission of which is hereby made a crinle, every such -0f the Unitell States, or any State, territorial, or municipal law, are kept. person shall be punishable as prescribed in the preceding section. [Section ~0 18 to be repealed.] SEC. 5513. Every registration made under the laws of any State or Territory, for SEc. \1019. The better to enable the supervisors of election to discharge their du­ any St.ate or other election at which such Representative or Delegate in Congress ties, they are authorized and directed, in their respective election districts or voting may be chosen, shall be deemed to be a registration within the meaning of the pre­ precincts, on the day of re¢stration, on the day when registered voters may be ceding section, notwithstanding such registration is also made for the purposes of marked to be challenged, and on the day of election, to take, occupy, and remain in any State. territorial, or municipal election. such position, from timo to time, whether before or behind the ballot-boxes, as will, SEC. 5514. Whenever the laws of any State or Territory require that the name in their juede him in the dis­ means of bribery or threats of depriving such person of employment or occupa­ charge of his otticia1 duties ; each of such persons shall be purushed by a fine of not tion, or of ejecting such person from a rented house, lands, or other property, or less than five hundred nor more than five thousand dollars, or by imprisonment, by threats of refusing to renew leases or contracts for labor, or by threats of vio­ with or without hard labor, not less than six months nor more than six years, or by lence to himself or family, shall be punished as provided in the preceding section. both such fine and imprisonment. SEC. 5508. If two or more persons conspire to injure, oppress, threaten, or in­ SEC. 5520. If two or more persons in any State or Territory conspire to prevent timidate any citizen in the free exercise or enjoyment of any right or privilege by force, intimidation, or threat, any citizen who is lawfully entitled to vote from '8ecnred to him by the Constitution or laws of the United States, or because of his giving his support or advocacy, in a legal manner, toward or in favor of the elec­ having so exercised the same; orif two or more persons go in disguise on the high­ tion of any lawfully qualified person as an eleetorfor President or Vice· President, way, or on the premises of another, with intent to prevent or hinder his free exer­ or as a member of the Congress of the United States; or to injure any citizen in

Mr. EWING obtained the floor. The CHAIRMAN. The Chair will state that under the order of Mr. CASWELL. I ask the gentleman to yield to me for ene min­ the House the general debate has terminated and the Committee of ute. the Whole is now under the five-minute rule. Mr. EWING. I yield to the gentleman for one minute. Mr. ATKJNS. Who has the floor! • Mr. CASWELL. Mr. Chairman, when the democratic party came Mr. EWING. I still have the floor, and move to strike out the last into power in this House four years ago we were promised retrench­ word. ment and reform, not only in the reduction of expenses, but in tlle Mr. GARFIELD. I do not object, but I believe I first rose to move manner and methods of legislation. Soon after Mr. Tilden, who was an amendment. nominated by that party for President of the United States, in his The CHAIRMAN. The gentleman will not lose his right but will letter· of acceptance under {late of July 31, 1876, denounced the very be recognized afterward. policy which is now being pursued by that party in both branches of Mr. ATKINS. I ask the gentleman from Ohio whether it will not Conwess. I send to the Clerk's desk an extract from that letter which suit his convenience just as well to speak to-morrow Y I desire to have read. . .Mr. EWING. Certainly. . The Clerk read as follows: Mr. ATKINS. Then I move that the committee rise. We see to-day the immediate representatives of the people in one branch of Con­ The motion was agreed to. gress while struggling to reduce expenditures compelled to confront the menace The committee accordingly rose; and the Speaker having taken of tho Senate an

111ent of the revenue law relating to the bonqs of rectifiers-to the LEGISLATIVE, ETC., .APPROPRIATION BILL. Committ.ee of Ways and Means. Mr. ATKINS. Before moving to go into committee, I move, lty By Mr. JOHNSTON: The petition of tobacco manufacturers of unanimous consent, that all debate be closed at two o'clock. Richniend, Virginia, to amend section 338.5 of the Revised Statutes The motion was agreed to. · of the United State1J in regard to cancellation of export tobacco Mr. ATKINS moved to reconsider the vote just taken; and also bonds-to the same committee. moved that the motion to reconsider be laid on the table. B::v Mr. JOYCE: Papers relating to the petition of Frank A. Page, The latter motion was agreed to. late· a second lieutenant United States Army, retired, to be restored Mr. ATKINS. I move that the House resolve itself into the Com­ -to his fermer rank and position in the Army-to the Committee on mittee of the Whole on the state of the Union for the purpose of pro­ Military Affairs. ceedin~ with the consideration of the le3islative, executive, and · By Mr. MARTIN, of West Virginia: Pa;p-ers relating to. the war judicial appropriation bill. claim of Joseph R. Shannon-to the Comnnttee on War Clalllls. The motion was agreed to. By Mr. MILES: The petition of Jacob Wiedeman, guardian of The House accortlingly resolved itself into Committee of the Whole, Leopold Schmidt, for a pension-to the Committee on Invalid Pen­ (Mr. BLACKBUfu~ in the chair,) and resumed the consideration of tl10 sions. bill (H. R. No. 2) making appro1tria.tions for the legislative, executive, By Mr. MORSE: The petition of Charles W. Abbott, pay director, and judicial expenses of the Government for tho ti.seal year ending and W.W. Barry, passed assistant paymaster, United States Navy, June 30, 1880, and for other purposes. for relief on account of the defalcation of R. J. O'Reilly, a paymas­ Mr. EWING :resumed and concluded the speech commenced yester­ ter's clerk-to the Committee on Naval Affairs. day. [See Appendix.] Also, papers relating to the claim of John R. Farrell, for pay for Mr. GARFIELD. I move as an amendment to the pending l.till 1ubsisting and lodging recruits for the United StaMs Army-to the to strike out lines 2006 to 2064 inclusive, commencing with the proviso. Committee of Claims. I had intended to speak somewhat elabOl'ately npon this bill, but I By Mr. MULLER: The p@tition of F. W. Fisher ap.d others, of New have preferred te give way for the sake of allowing those who had York City, for the passage of the bill, int.roduced by Mr. Cox, to not spoken an opportunity to be beard. amend title 53 of the Revised Statutes, relating to merchant seamen­ I would not rise now to ask the attention of the House at all but for to the Committee on Commerce. the sake of correcting a. few plain misapprehensions and evasions in By Mr. SHELLEY: Papers ~elating to the w_ar claim of Agnes :1ind this debate. Tlie gentleman who has j oat taken his seat [Mr. Ewnm] Maria De Leon-to the Committee on War Clauns. has said thai I have led in an attempt to raise sectional feeling in the By Mr. SLEMONS: Papers relating to the claim of Willimn Moss, North aiainst the patriotic people of the South. It ia the old and for pay for preserviBg the archives of the United States land office absurd cry of a sectional North and a national South; that is, the at Washington, Arkansas-to the Committee of Claims. thirty million people of the North and 1heir Representatives, of w horn By Mr. SPARKS: The petition of 265 citizens of Illinois, against he is one, are sectional, passionate, unkind; and the fifteen 111illion tke further extension ef the Birdsell clover-huller patent-to the of the ''national-minded and patriotic" people of the South are suf­ Committee on Patents. fering from the narrow a.nd unjust sectionalism of the t.lairty million By Mr. UPDEGRAFF, of Iowa: The petition of 31 citizens of Fay­ among whom my colleao-ue and I live. ette County, Iowa, for a law restricting the remedy for the infringe­ The gentleman remind.; me of what he was pleased to call a patri­ ment of patents to actions against manufactur~rs-to the same com­ otic sentiment of mine uttered at the last session of Congl'e88, when mittee. I said wha.t I am glad to have remembered, that in my judgment the Bv Mr. VAN AERNAM: Three petitions from 130 citizens of New man or political papty who sought to raise sectional issues and revive York, against the further. extension of the Birdeell clover-huller the unhappy passions that ought to sleep in the graves 9f our doad patent-to the same committee. on both sides was not patriotic, nor would he find an echo to his seRt.i­ By M.r. WAIT: The petition of Jooob Roth, for bounty and baok ments in the hearts of the best people of this country. I said that pay-to the Committee on Military Affairs. deliberately, with all the meaning that the words import. By Mr. WASHBURN: A paper relating to the claim of James D. The blindness tha.t leads my colleague to call two-thirds of this Wood, for pay for a horse lost in the military service o.f the United nation sectional a.Jso leads him to think my dt:inunci&tion of tlu~se States-to the same committet:\. who reawaken o-ld sectional strife can apply only to republicaM-S. Le.Ii . By Mr. WILLITS : Memori~l ef the Legislature of the Sta~ of hiIQ not forget the origin of the present controversy, Who raised Michigan, nsking that authonty be granted to construct a briJlge this unhappyiss$t Did auy republican begin iU Waa it aot brought across the Detroit River at or near Detroit, Michigan-to the Com­ hero by the predetermined caucus action of the democratic party! mittee on Commerce. W~ it not embodied in the declaration of yonr Senators and Mem­ Also the petition of Mrs. D. L. Wood and other officers of the bers that if yen eguld not force certain ~cts of legislation upon the Woma~'s National ChriBtian Temperance Union, Ann Arbor, 1'fichi­ statute-book you would never grant supplies for the snppoct of the gan that no change be made in the internal-revenue laws that will Government f That was the party and that wa.s the act which raised pro~ote the interest of defilers in spirituous liquors-to the Commit­ this controversy, involving an issue never raised before in tib.is na­ tee of Ways and Means. tion; and because we meet it and denounce it yon decfare tha.t those who smnd by the orderly and constitutional methods are sectional and you who make the inaovation are national! · Gentlemen, I took upon myself l\ very grave responsibility in tlta opening of this debate when I quoted these declarations of leadiag members on the other side and said that the programme was revolu­ HOUSE OF REPRESENTATIVES. tion and if not a9aadoned would result in the destruction of thi11 SATURDAY, ApriZ 26, 1879. Goftrnment. I declared that you had entered upon a scheme which if persisted in would starve the Government to aeath. I say that I The House met at twelve o'cloclt m. Prayerbythe Chaplain, Rev. took a great risk when I made this charge against you as .a party. I ~. P. HARRISON, D. D. put myself in your power, gentlemen. If I had misconceived your The Jonrn11il of yesterday was read a.nd approved. purposes and misrepresented your motiTes it was in your power to ADMISSION TO THE FLOOR. prove me a·false accuser. It was in your power to ruin me in the eati­ mation of fair-minded, patriotic men by the utterance of one sen­ On motion of Mr. SHALLENBERG£R, by' unanimous consent, ad­ tence. The humltlest of you or the greatest of you could have over­ miSBion to the floor of the House for to-d·ay was granted to Governor whelmed me witk shame and confusion in one short seatenco. Yon ~ .S.tone and several members of the Legislature of Pennsylvania. could have said, "We wish to pass our measures of legislation in Oltl)ER OF BUSDmSS. reference to elections, juries, and the us~ of the Army., an.d we will do Mr. ACKLEN. I demand the regular order of business. It is im­ so if we can do it constitutionally; but if we cannot get these meas­ portant we should have a morning hour; there are matters which ures in accordance with the Constitution, we will pa.ss the appr@pria.­ ahould be disposed of. tiou bills like loyal Representatives, go hom~, and make tp.e appeal Mr. BLACKBURN. I can imagine n&thing of more importance to the people." -. than disposing of the appropriation bill which we have been discuss­ The CHAIRMAN. The gentleman's time has expired. ing for thJ'ee weeks, :tnd I believe by &grooment both sides of this Mr. TOWNSENb, of Ohio. I will take the floor and yield my ti.mo .House expect to rea.ch the vote on it to-day. to my collea~ue . Mr. ATKINS. General discus1ion closed yesterday at five o'clock, Mr. GARFIELD. I thank yon. Now any man speaking for th• aBEl so far as I have been able to hear the expression of members, the majority who had made that declaration, uttered that sentenoo, woultl -wish is to close all discussion and vote on amendments at two o'clock have ruined me in the est.imatioii of fair-minded men, and set me -to-day. down a-s a false accuser and slanderer. Forty-five of you have spoken. The SPEAKER. That would give about two hourlil for debate under Forty-five of you have deluged the ear of this cotmtry with debate, 'the five-minute rule. · and that sentence has not been spoken by a single one of you.. On Mr. ATKINS. To be equally divided between the two sides. the contra.ry, by your silence, as well as by your .a.ffirm:.ltion, you have }fr. CONGER. I think that is time enough. made my accusation overwhelmingly trtie. Mr. ATKINS. I move, then, to dispense with the morning hour. And there I leave lihat centroversy. The assaults upon my speech. The motio.Q was agned to, two-thirds voti11g in favor thereof. ha.ve beeu, from the beginnmg to the end, evasiou of the issue. What