1886. CONGRESSIONAL RECORD-SENATE. • 7299
By Ur. MITCHELL: Petition of Robert McDermott and 76 others, Lincoln A. Little and 250 citizens of the seventh Congressional district of John J. Coyle and 27 others, of J. L. Conklin and 184 others, and of lllihois, praying for the passage of certain bills in relation to the of G. Hayes and 24 others, citizens of the second Congressional district public lands, Presidential and Cong£essional elections, and the disburse of Connecticut. ment of a part of the Treasury surplus; which were referred to the Com By Mr. PIDCOCK: Petition of George W. Bennett and 90 others, of mittee on Finance. Charles Bogert and 24 others, of John L. Harris and 57 others, and of He also presented several papers on the subject of the Haskell multi Julius Krebs and 62 others, citizens of the sixth Congressional district charge gun, and moved · their reference to the Committee on Printing; of New Jersey. which was agreed to. By 1\fr. TIANDALL: Petition of Edwin France and 30 others, of REPORTS OF CO)li\ITITEES. George C. Jayner and 42 others, of W. E. Elliott aud 386 others, and of G. RackJer and 42 others, citizens of the third Congressional district Mr. CAMERON,· from the Committee on OoL:lmerce, to whom was of Pennsy1 mnia. referred ·the bill (S. 2791) to provide for an American register f~r the By Mr. STORM: Petition of R. Daly and 44 others, and of R F. steamer Nuevo Montezuma, of Philadelphia, Pa., reported it without Duke and 100 others, citizens of the eleventh Congressional district of amendment. Pennsylvania. Mr. SAWYER, from the Committee on Pensions, to whom were re By Mr. STRUBLE: Petition of L. Countryman Emd 154others,dti ferred the following bills, reported them severally without amendment, zens of the eleventh Congressional district of Iowa. and submitted reports thereon. By Mr. WORTHINGTON: Petition of W. H. Buck and 21 others A bill ~H. R. 7234) granting a pension to Susan Hawes; and of H. R. Guder and 52 others, citizens of the tenth Congressional A bill H. R. 7244) granting a pension to Robert B. Kir1.-patrick; district of Illinois. A bill H. R. 8481) granting a pension to Thomas Walsh; A bill H. R. 8556) granting a. pension to Abraham Points; and A bill (H. R. 9052) granting an increase of pension to Capt. John F. Morris. SENATE. Mr. SAWYER, from the Committee on Pensions, to whom was re ferred the bill (S. 2774) to provide a. pension for Mrs. Anna Etheridge THURSDAY, July 22, 188(). Hooks, reported it with an amendment, n.nli. submitted a report thereon. The Senate met at 11 o'clock a. m. He also, from the same committee, to whom were referred the fol Prayer by tlie Chaplain, Rev. J. G. BUTLER, D. D. lowing bills, submitted adverse reports thereon; which were agreed to, The Journal ofyesterday's proceedings was read and approved. and the bills were postponed indefinitely: A bill (S. 1553) granting a pension to Mrs. E. G. C. Abbott; and PETITIONS ll'"D 1\IEMORIALS. A bill (H. R. 4460) to pension John W. Delph. 1t!r. CALL. I present a petition of the Board of Trade of Jackson Mr. ALDRICH, from the Committee on Pensions, to whom was re ville, Fla., n spectfully urging that provision be made by the present ferred the bill (H. R. 7721) granting a pension to Ellen J. WelchJ re Congress for the protection and prosecu.tion of the important public ported it without amendment, and submitted a report thereon. works which have been undertaken by the Government for the im 3\fr. MILLER, from the Committee on Finance, to whom was re provement of rivers and harbors. The board is impressed with the ferred the bill (S. 1189) for the relief of Bessie S. Gilmore, reported it fact that the enti.J:e country will suffer if there be a failure to make without amendment, and submitted a report thereon. suitable appropriation for the more important of these works. BILLS INTRODUC:ED. The petition also calls attention to the fact that if these appropria tions are permitted to lapse it will involve great damage to worksnow Mr. EVARTS introduced a bill (S. 2871) for the relief of Semon, in course of construction; that as to the jetties at the mouth of the Bache & Co.; which was read twice by its title, and referred to the Saint John's River there is every reason to believe the work vigorously Committee OJ;l Claims. prosecuted will prove au early and complete success, while an inter Al\IEl-t'"D:uENTS TO BILLS. ruption for another year will prove most disastrous and destructive to Mr. GIBSON submitted two amendments intencled to be proposed by these works. him to the sundry civil appropriation bill; which were referred to the I move the reference of the petition to the Committee on Commeree. Committee on Appropriations, ~nd ordered to be printed. The motion was agreed to. CIVIL-SERVICE RULES. Mr. CALL. I also present a petition and resolution of the Board of Trade of Jacksonville, Fla., the preamble of the resal u tion reciting: Mr. EDl\.fUNDS submitted the following resolutions; which were considered by unanimous consent, and agreed to: Whereas as a great SCIU'city of small bills exists nt the present time, and those which are in circulation are so ragged, worn, and filthy that they are unfit for Resolved, That the Commissioners of the Civil Service be, and they hereby arc, use; and _ directed to send to the Senate, ns soon as maybe, a copy of the ci'l'il-~er'l'ieerules Whereas it apjlears from the report of the Treasurer of the United States for and regulations, both general and special, as they were in force on the 4th day 1885 that this is due to a practice adopted by the Treasury in May, 1885, in as of March, A. D. 1885; and also. copies of all changes and modifications thereof, sorting notes sent for tedemption, reissuing such as were fit for circulation, &c. both general and special, made since said date; and also copies of any and all special orders or general orders made by any authority in reference thereto, or They therekre pray that there may be a new issue of notes and small action thereunder, since said date. Resowed, further, That said commissioners send to the Senate o.ny and all in bills which arc generally preferred for circulation to a heavy and in formation in their possession touchlng any and all alleged or supposed viola- convenient metal currency. They further state that their resolution tions of any of said rules nnd regulations. · must not be construed as either advocating or opposing the cause of LEGISLATIVE, ETC., APPROPRIATION BILL. silver, greenbacks, or national bank-note currency, but is simply ex pressive ofthe public wish fora sufficientsupplyofclean, well secured M:r. ALLISON submitted the following report: paper currency of th~ denomination o(one and two dollars. The committee of conference on the disagreeing votes of the two Houses on certain amendments of tho Senate to the bill (H. R. h"974) "making appropria I move the reference of the petition to th:e Committee on Finance. tions for the legislative, executive. and judicial expenses of the Government for The motion was agreed to. the fiscal yen.r ending June 30 1887, and for other purposes," having met, aflet· full and free conference h:we 1ocen unable to agree. Mr. CAMEHON presentedapetitionofWatsonBrothers Post, Grand W. B. ALLISO ... ·, Army of the Republic, of Portersville, Pa., and a petition of McPher H. L. DAWES, son Post, Grand Army ofthe Republic, of Pittsburgh, Pa., praying for F. l\f. COCKRELL, certain legisla1 ion favorable to ex-Union soldiers; which were referred Managers o11o thepa1·t o{the Senate. Wl\I. S. HOLl\IAN, to the Commit tee on Military Affairs. GEO. C. CABELL, He also presented a petition of citizens of Freeland, Pa., praying for J. G. CA1'1TNON, the passage of certain bills in relation to the public lands, Presidential .Manage~ ·s on the part of the House. and Congressional elections, and the disbursement of a part of the Ur. ALLISON. I will say in 1·espect to this report that the Senate Treasul'y surplus; which was referred to the Committee on Finance. and House conferees were unable to agree. The House still insists Mr. ALDRICH presented a memorial of256 citizensofRhodeisland, upon its disagreement to the Yotes on the three propositions before sub remonstrating against the -passage of the oleomargarine bill; which was mitted. ordered to lie on the table. Mr. MILLER. If the Senator will permit me I desire to ask him n. He also presented three petitions of citizens of Rhode Island, praying question in regard to the bill. This is the bill making appropriations for the passage of certain bills in relation to the public lands, Presi for the various Executive Departments of the Government, and I de dential and Congressional elections, and the disbursement of a part of sire to know if the sums appropriated in the bill will be sufficient to the Treasury surplus; which were refened to the Committee on Fi enable the Treasury Department through the Internal-Revenue Bureau nance. to carry into effect what is known as the oleomargarine law, if it shall Mr. COKE presented fiYe petitions of citizens of Texas, praying for finally become a law. the passage of cerl.:'tin bills in relation to the public lands, Presidential 1\Ir. ALLISON. The amount appropriated . in the bill with om· and Congressional elections, and the disbursement of a part of the Treas amendments will be sufficient, aUbough if the House insists upon its ury surplus; which were referred to the Committee on Finance. disagreement to the provision relating to the collection of revenue it 3\fr. LOGAN presented the petition of Ralph W. Lowe and 510 citi of course will not be. zens of the tenth Congressional district of Illinois, and the petition of 3\fr. 3\IILLER. Then I hope that the Senate conferees will insist on 7300' CONGRESSIONAL R.ECORD-SENATE. JULY 22, the amen
1884. Five are yet living. I think it well that this amendment should transpm·tation of necessary supplies and seven camp women and their children. His own property he left behind, save what he placed in five large chests and be added to the amendment of tile committee, because it might be that intrusted to the care of Tucker Bart{)n, the sutler, who was supposed to have some may die before this bill shall become operative by passage in the. engaged to take them to Fort Smith and ship them to Saint Louis. Barton, who, other House. '.fherefore I have no objection to the amendment. like his brother, Captain Barton, of the same command, joined the confederacy, says he was to take them to New Orleans and ship them to New York city. '.fhe The amendment to the amendment was agreed to. following is an extract from his affidavit: The amendment as amended was agreed to. "'.At the time of said ev-acuation the United States did not h.p.ve sufficient trans The bill was reported to the Sena.te as amended, and the amendment portation for the baggage and effect8 of the officers stationetl at said post, for which reason Capt. J. B.Plummer,Firstlnfantry UnitedSta.tesArmy, intrust~d was concurred in. . .· to him, to be taken toNew Orleans, and thence shipped1 to New York, if possible, The bill was ordered to be engrossed for a. third 1·eading, read the several (he thinks seven) large chests, which he represented contained articles third time, and passed. of great value, the collection of a. lifetime; that a few days after leaving Fort Oobb his train was approaehed and surrounded by a large body of armed men SETTLERS AND PURCHASERS OF LAJ\D I~ NEBRASKA AND KANSAS. from Texas, several hundred in number; that he was made prisoner by them on the gt·ound that be was giving o.id and comfort to the United States, the parties Ur. VANWYCK. I move the considemtion of the bill (H. R.1413) claiming to hold commissions from the State of Texas; that the chest8, being for the relief of settlers and purchasers of lands on the public domain marked in the name of the said Capt. J. B. Plummer, United States Army, were in the States of Nebraska and Kansa.s. The bill was in oJder at the declared forfeit-ed, and were forcibly taken from his possession by said body of armed men. This wa-s done partly in the Indian Territory and partly in the commencement of the call of the Calendar to-day. State of Texas, in the month of 1\Iay, 1861.' The PRESIDENT p1·o tempore. The bill was passed O\erinformally, "A favorable report upon this case in the House during the Forty-fifth Con retaining its plaaluation, although they were the purchasers of this land either at gust 9, 1862, leaving a. dependent widow. "Of the th1·ee otncers with him when he evacuated Fort Cobb, two joined the $1.25 an acre or if it was altemate sections, I suppose, where there confede1·acy. lie llad two companies of infantry and but seven wagons for was a railroad at $2.50 an acre. I do not sec the propriety of the 7302 CONGRESSIONAL RECORD-SENA'rE. JULY 22,
United States paying persons who gave $1.25 an acre $3.50 an acre and and I paid your grantee, who held the title when you sold it to me in appropriating $250,000 for it. I should like to hear that explained be~ violation of law and good faith, $3.50 an acre in additiqn." The com fore I agree to consider the bill by unanimous consent. mittee thought it was fairandjnsttosay, "What you have paid to this Mr. BERRY. I wish to state that this is not a unanimous report grantee of the United States we refund to you.." .from the Committee on Public Lands. I did not agree to the report. Mr. EDMUNDS. 1\fr. President, this amendment strikes me, as com The bill as it passed theHouse provided that where persons had pur pared with the House bill, as more and more unique. The Honse bill chased this character of lands at a dollar and a quarter an acre, only a provided for reimbursing the purchase-money to those people to whom dollar and a quarter should be refunded to them. The Senate commit patents had been issued erroneously and reimbursing what they gave, tee proposes to strike that out and pay all parties, whether they paid a iust as the rule of damages is between private persons on covenants of dollar and a quarter an acre to the Government or whether they ob seizin. This amendment departs from the use of the phrase to whom tained the land under homestead or pre-emption laws, three dollars and patents have been issued, but allows to anybody, settler, homesteader, a half an acre. purchaser, or anybody else, without regard to whether he has a title In my opinion, not more than two dollars and a half in any case from the United States or not, the amount specified. Until they had should be paid to homestead entrymen or those who entered under the bad their claims examined and their patents issued these settlers stood pre-emption act. Certainly it has never been the practice of the Gov like everybody else who settles on what are said to be public lands, in ernment to pay more than a dollar and a quarter, or to refund the pur the attitude of people who took at their own risk; and therefore if chase-money in that character of case where the title failed. I do not anyofthese persons who have proceeaed to purchase these lands or to think the Government ever warranted the title to land further than the settle upon them have been ousted before they have got what appears purchase-money. to be a title from the United St.:11tes, they are just like a great many I understand that hundreds of acres of this land are not improved, other people, who, wishing to get in a good place, swarm onto lands and though perhaps the parties purchased at a dollar and a quarter an and it finally turns out that the ~tle is not good, that they bad no right acre, the Committee on Public Lands proposes to pay those parties three to be there. The House bill guarded against that; but this amend dollars and a half au acre where they only paid one dollar and a quarter ment departs from it entirely. I do not think that is a very good thing an acre. I am, therefore, opposed to the amendment as it comes from to~ - the committee. Now when we come to the other part of the bill a.s to the price to be The PRESIDENT pro tempore. Does the Senator from Arkansas ob- paid, the amendment of the Senate committee departs from the House ject to the consideration of the bill? . · bill, which provided the basi~ of not exceeding three and a half dollars Mr. BERRY. I have not objected and I do not intend to object, but and what they had given for the land as the reimbursement. The I am opposed to the adoption of the amendment. amendment allows three dollars and a half to everybody, which would Mr. TELLER. The Sen.:'l.torfrom Vermontwantsto knowwhy$3.50 operate as a great speculation to many people who purchased undex should be paid. Fifteen or seventeen years ago, or thereabouts, the pre-emption and otherwise as a mere speculation and who had not built Government of the United States sold the most of this land for two up any betterments or done anything else, so that if I had been luckily dollars and a. half an acre. Still a. small portion of it was sold for a engaged in land speculation and had bought ten or fifteen thousand dollar and a. quarter an acre, it being offered land. Some of it was acres of this land at a dollar and a quarter an acre and waiting for a taken by homesteaders who went upon the land and made their homes. rise, put no improvements upon it, I should make a speculation of 2.25 It was later discovered that when the United States sold the land it an acre clear profit, laying out of the intere8t, which yon always do had not any title, that it belonged to a railroad company. The railroad when yon inve...~ in land that is not productive. So these purchasers company sold the property to a 1\fr. Knevals, of New York city, who ought not to be provided for in that way, and, as the Senator {rom brought suit against these settlers or a portion of them and ousted them. Arkansas has well said, there is no instance that I know of in the history Subsequently he compromised with as many of these settlers as were of the Government, certainly none that I ever saw, and there are hun· willing to pay to him three dollars and a half an acre for the land. dreds here the other way, that when a title of a purchaser of land who .A. numbe1· of them had gone through the expenses of heavy litigation, bas got his patent from the United States filed, all that the United States including litigation in the Supreme Court of the United States. They have eYer done from the beginning down is to reimburse him the money concluded to buy out the title that they supposed they had bought in that he paid, or else to give him a land certificate, or something, to go the first instance from the Government and paid $3.50 an acre. and locate so mew her.e else
... 1886~ ' CONGRESSIONAL RECOR.D-SENATE. 7303 persons who were entitled to recover under the provisions of this act gratify him; but here comes this bill with a very heavy amount of had paid three and a half dollars an acre to the grantees of the railroad money, without any report present, without a paper from any Depart company. Now! if the title of the persons holding from the railroad ment present, without the decision of the Supreme Conrt pre ent, and company failed, why should not that money be recovered from the grantor nobody seems to know where it is or where it is to be found, and with of the persons for whom this is alleged to be a protection? I can not out any information except the enthusiasm and the judgment of my understand why the Government should be called upon to pay what friend from Colorado and the Senator from Nebraska. That is not the some extortionate speculator may have seen fit to charge a settler, for proper way, as it seems to me, to make us understand this biU; and if these lands were all bought from the railroad company. I can ha>e time enough to look up these papers myself which ought to Mr. TELLER. When the Supreme Court of the United States de have been here I certainly shall make no objection to the bill going on clared that this man Knevals, who had bought- when there can be free discussion of it. Mr. INGALJ.JS. What was the title of that case? Mr. :MANDERSON. I hope that may be done. Mr. TELLER. VanWyck vs. KnevalB. When the Supreme Court Mr. TELLER. I venture to say, though it may be out of o1der, that of the United States decided-- the case of VanWyck vs. Kneyals is one of the most noted cases that 1\Ir. EDMUNDS. How long ago? the Supreme Court has ever decided. It settled questions that I sup Mr. TELLER. I do not know. When the Supreme Court of the posed every lawyer in the United States was familiar with. t:"nited States decided that this title was in 1\I.r. Kenevals and not in The PRESIDENT pro t~mpore. The next bill will be stated. the Government, that it was in the railroad company at the time the Government said to these settlers, ''We take your money; go upon this MISSISSIPPI RIVER BRIDGE AT MEMPHIS. land.'' Mr. Knevals said to the settleis, ''Now, I have got the man :1\fr. PLUMB. If it is in order I wish to call the attention of the (late of the Supreme Court of the United States top.ut you off; if you Senate to the fact that Order of Business 1563, being the bill (S. 2516) do not want to go off, come up here and pay.'' There were men there to authorize the construction of a bridge across the Mississippi River ·who had everything they owned on the face of the earth upon it. at Memphis, Tenn., was objected to by the Senator from Illinois [Mr. There were men there who had lived upon that land and made it their LOGAN], who subsequently withdrew his objection. I desire that the homes for fifteen years, had put there fences and their houses and their bill should have its place on the Calendar, and I shall at the proper homes; and when 1\Ir. Knevals said, "for the purpose of having no time ask the Senate to proceed to its consideration. If it come up, I more trouble about this I will take $3.50 an acre," they waJ.ked up ask that it be informally laid aside. - and gave it. If they did not want to do it they abandoned the land, The PRESIDENT pro tempo1·e. It has its place on the Calemlar just Lut those who abandoned their claims are not the parties covered by . where it was before. tlus bill. SARAn E. KORTOK. Mr. INGALLS. Certainly then the want of conscience on the part The bill (S. 2699) granting a pension to Sarah E. Norton was con icl, of Mr. Knevals should not be the measure of jnstice that the United ered as in Committee of the Whole. _ States Government should deal out to these settlers. The bill was reported from the Committee on Pensions with an amend Mr. TELLER. There was no want of conscience on the part of Mr. ment, in line 7, after the word "rebellion," to insert the words "and Knevals. He had the title of the United States Government. The pay her a pension at the rate of twenty-five dollars per month;" su -want of conscience is on the part of the Government of the United that the bill will read: States, that had sold this land to these people and now declines to make That the Secretary of the Interior be, and be is hereby, anthotized and di good its title. rected to place on the pension-roll, subject to the provisions and limitations of Mr. EDMUNDS. Is there any betterment law in Nebraska? the pension laws, the name of Sarah H. Norton, a volunteer nurse during the Mr. TELLER. It does not make any difference about. the better war of the rebellion, and pay her a pension at the rate of $25 per month. ment Jaw. These men were compelled to pay this or quit. They pre The amend,ment was agreed to. ferred to pay it, and therefore it is a fair indication that the value of The bill was reported to the Senate as amended, and the amendment the l~d is what they paid. Mr. Knevals has asked no extortionate was concurred in. price, there is no pretense of that anywhere. On the contrary, it is The bill was ordered to be engrossed for a third reading, reacl the understood that he made a reduction in favor of these settlers that he third time, and passed. was not required to do, and the land is worth more money than that GEORGE W. KINCAID. to-day, and it is now said that the settler who has alreaQ.y paid $G per The bill (S. 2424) granting an increase of pension to George W. Kin acre is extorting from the Government when he gets$3.50, that which caid was considered as in Committee of the Whole. It proposes to in he paid to the Govemine:pt's grantee. cre.'l.Se the pension of George W. Kincaid, war of 1812, to $30 per month. Mr. ED:UUNDS. I renew the objection. 1\Ir. ED.l\IUNDS. Let us hear the report in that case. · The PRESIDENT pro tempore. The bill being objeded to, goes oYer The PRESIDENT pro tempore. The report will be read. under the rule. TheChiefClerkproceeded to read the report, submitted byl\fr. SEw- Mr. MANDERSON. I ask consent to continue the bill. I appeal ELL, from the Committee on Pensions, June 22, 1886, but before con to the Senator from Vermont to withdraw his objection. cluding was interrupted by- The PRESIDENT pm tempore. The Chair will again submit the :1\Ir. SEWELL. I ask the Senator from Vermont to withdraw the question to the Senate. Is there objection to the present consideration application for reading the report, which is quite a. ~ng one. This of the bill? man is over ninety years vld, a veteran of the war of 1812, and utterly Mr. MANDERSON. I call the attention of the Senator from V er destitute. mont, I appeal to the Senator from Vermont to withdraw his objection Ur. EDMUNDS. The Secretary need not read the petition which nt this time to the consideration of the bill. I doitforthe reason that is embodied in the report. The statement of the com~ittee is very this effort at reimbursement of this very serious loss to these settlers brief. I think it had better appear for future reasons as well as.for has been pending in this body for years. It has received, I think, in present consideration. hoth H onses of Congress very full examination, and I hope that the con The Chief Clerk resumed and concluded the reading of the report, as " ideratiou may go on to-day that the matter may be fully understood follows: and the bill be acted upon. I fear that under this objection, if it passes The Committee on Pensions, to whom was referred the bill (S. 2424) granting a way to-day, that will be the end of any relief to these parties who have an increase of pension t-o George William Kincaid, have examined the same, been injured by the action of the Government at this session of Con and report as follows..: gress, and I again appeal to the Senator to withdraw his objection and The committee ha>o examined the papers in this case with >ery great interest. It is an application for increase of pens ion by a soldier of the war of 1812, and permit the consideration of the bill to go on. · . who is now fast verging to the close of a century of life, having been bQrn in 1\Ir. EDMUNDS. May I speak a minute, Mr. President? 1700. The PRESIDENT pro tempore. It is against the rule, but several The claimant enlisted on the 28th of December, 1812, and was discharged on March 15, 1815, upon the <>ertificate of Surgeon T. Watkins, by reason of disa Senators have violated it. bilities incurred by diseased liver and pulmonary affection. Mr. EDl\lUNDS. Then I can not withdraw the objection. The claim was rejected on the ground that no certificate could be found on Mr. MANDERSON. I ask that the Senator from Vermont be per flle, and that there was no evidence identifying the claimant as the solder.per-- forming the service alleged. · mitted to go on. The claimant for increase is alt·cady a pen·sioner under the acts and supp-le The PRESIDENT pro tempare. The Senator from Nebraska asks meQts thereto giving pension to soldiers of the war of 1812. unanimous consent of the Senate that the Senator from Vermont may He is utterly and entirely destitute, and for many years has been wholly de pendent upon his neighbors for care ab.d subsistence, as the evidence discloses continue the debate without respect to the rule. The Chair hears no in a petition signed by numerous citizens, and herewith appended as a part of objection. this repor t: 1\Ir. INGALLS. One moment. To the honorable the Senate and House of Rep resentatit·es of the Uniud States: Mr. EDMUNDS. I only need one minute. The petition of the subscribers, citizens of Richland County, Ohio, respectfully Mr. INGALLS. If this· bill is to be considered, I ask that the rule showeth that George \V. Kincaid, whose residence for a great ma.ny years has may be enforced as to all or abandoned as to all. . been Belleville, Richland County, Ohio, was a soldier of the war of 1812; t-hat his only means of support for many :•rears has been the pension of $8 per month Mr. EDMUNDS. I do not•expect the bill to be considered, but I grant-ed to the soldiers of that war. They further represent that in consequence ask one minute to reply to the appeal of the Senator from Nebraska. of Ws great age, being now about ninety-six ye..•u:sof a.,o-e, he has become so help less that he requires the constant care and attendance of a. nurse; that for sev The PRESIDENT pro tempore. The Chair hears no objection. eral yeru's this additional expense has been borne by his neighbors, as he has no Mr. EDMUNDS. Nothing would give me greater pleasure than to family or relatiYe.~ able to support him. In view of his ser>ices to his country,
.· 7304 CONGRESSIONAL RECORD-SENATE. JULY 22, and his great age and helplessness, we respectfu1ly ask that his pension be in thorized and directed to place on the pension-1'011, subject to the provisions and ueased to $30 per month, which will barely pay the expense of his support for limitations of the pension laws, the name of Thomas B. Shaw, of Port Huron, . the remainder of his life. Mich., and pay him a pension at the rntcof~Opermont.h, in lieu of the pension .And as in duty bound, we will ever pray, &c. he is now J'eceiving. D. F. Ilines, Wm. GerloP-h, H. Farber, H. L. Manry, 0. E. Oberlin, Irwin Fisher, R.J.IIubbill, EliL. Hess, Reuben Evarts, Ben.O.Smilh, O.S. Haw Mr. ED~IUNDS. I should like t~ hear the reportl'ead in that case. ley, Gustav Etz, J. ?!f. Reed, Wm. Long, U. F . .Armstrong, C. V. Morrow, It is short. Wm. C. Beattie, T. A. Swonger, A. W. Lewis, J. J. Charles, Wm. Le Fever, The PRESIDENT p1·o tempore. The report will be read; J..eroy Le Fevert..J. M. Alexander, J. R. Tennan, D. A. Lanehart, J. H. Burkholder, E. L. Garber, Wm. H. A. Raudeba.ugb, C. J. Brow~J_, E. A. The Chief Clerk read the following report, submitted by Mr. SA. W• Brown, C. A. Lafferty, John Winemiller, S. B. DonelJ'I. Sharp,J. u.Potts, YER June 23, 1886: C. B. Walters, C. Strome, A. E. Shafer, Cyrus Gatton, .t:S. Scott, W. A. Black, The Commiltee on Pensions, to whom was referred the bill (S. 2051} granting Cyrus Day, 'Vm. F. Madden, B. J. Levins, A.l\1. Young, C. N. In k.t.lV. H. an increase of }Jension to Thomas B. Shaw, have examined the same, and re· Batterson, D. M. Teeter, A. G. Fans, J. C. Nelson, Charles Etz, J.P. walsh, port: B. F.Greely,J.Jay Dean,R. W. Bell,J. W. Kelly,O. H. Gurney, A. Cun The petitioner was a corporal in Company ll, Third Regiment Michigan Vol ningham, Bent Charles, 0. Howard, Henry Spain, Daniel Walker, W. H. unteers. He was discharged May 25,1866; ·filed his original application for pen ~mith, H. 0. Sheidley, Chas. Purcell, Jacob Winemeller, Wm. F. Ch:nles, sion April !l, 1880. He was first pensionea at the rate of S2 a month, which was J. F. Greely, Aaron Leedy, J. S. Garber, John Gatton, J. \V. Rhinehalt, increased from time to time until be is now receiving $12 a month. Calvin Robinson, D. L. Young, George Rhein, B. C. Brown, Dr. ,V, T. His disabilities consist of rheumatism, scurvy, varicose veins, and hernia, in McMahon, A. Fitz-John, J. E. Howard, Frank Shafer, A. J. Flahartry, 1\L reference to the incurrence of which there is a. mass of testimony of the most L. Bonar, J. V. Oberlin, H. L. Canfield, D. J. Rummel, H. C. McCluer. reliable character. In his own sworn statement made beforeHon. JohnMeredith,probatejudgeof From the evidence on file, including that of the examining su1-geons, it is ap Richland County, Ohio, on the 20th day of January,1861, the veteran claimant pnrent that the man is not only nearly helpless-utterly disq_ualified to labor for qualifies as to his own identity as the same Kincaid who was a sergeant in Cap his support-but he is also a great sufferer. tain Barnard's company, Fourteenth United States Infantry, dm·ing thewru.·with In his petition to Congress he avers that he was not jn tly dealt with by the Great Britain declared in 1812. That his disabilities were incurred at Sackett's Pension Office, where he. states his application wa held without action on ac llarbor, New York, w bile in the line of duty, frdm which be has never recovered. count of a. lack of clerical fo1·ce. For three years after his discharge he resided in Baltimore, and was treated for Sixty of the best citizens of Port Huron certify to his condition and to his said disease of the liver by Surgeon ·watkins, long since deceased. That he worthiness, and to their belief that he is inadequately pcusioned, and in this Jived at other places for short intervals, and has been treated by other physi opinion the committee feel bound to concur. Rheumatism, scurvy, hernia, vari cians, but received no benefit therefrom. co e veins, swelled almost to bursting, are known to be exceedingly disabling, llis first application for the required increase of pension was made in 1861, and and in this case their existence is pro>en and their effects are apparent. lle testifies that the long delay in seeking aid from the Government arose from In view of the fa-ct that the claimant's a.pplication has repeatedlyl'eceived the his ignorance of the rules of the Department and the law. In June, 1862, for favorable action of the Pension Office; that there is no question whate>er as to some unknown reason, not stated in the records on file in the Pension Office, the his having inem·red disabilities in the service, and believing, as the committee fm1.her progress of the case was suspended. He comes now before Congress for do, that the pension he is now receiving is not adequate to his condition and the relief which, in the opinion of the committee, he should have had long years need, the bill is reported with an amendment., substituting the word "twenty" 0 for the word "twelve," in the seventh line, and adding after the word" month," 1~ further proof of his identity the records of the Third Auditor's Office for in the se\'enth line, "in lieu of the pension he is now receiying," with a recom Scptember,1835, the a.ccounts of Paymaster Dobbin, United States Army, show mendation that it do pass. George 'Villiam Kincaid to have been a.sergen.ntofCaptainBa.rnard'scompany, Fourteenth United States Infantry, the dates of his enlistment, discharge, nnd The amendments were agreed to. the reason for the same. The bill was reported to the Senate as amended, and the amend Further, the following certificate from Captain .1\Icllvainc is to the minds of ments were concurred in. the committee conclusive: I do hereby certify upon my word and honor as r~ late officer and a gentleman The bill was ordered to be engrossed for a third rending, read the that I know Geor~re William Kincaid, and that he served in the Fourteenth Regi third time, nnd passed. ment United States Infantry faithfully and honestly in the late war, and that he was under my command as an attendant at the recruiting headquarters in Bal I.OREN~O A. CLARK. timore, and that I left him doing duty in the office under Colonel Lane and Cap The bill (S. 1051) granting a llension to L. A. Clark was con idered tain Vummings in 1814. WM.l\IciLVATNE, as in Committee of the Whole. Late Oaplain inlhe Fourteenth R egiment Unit-ed. Slates Infantry. The Committee on Pensions reported amendments, in line 6, to stdke 1\. HITE llALL, BALTDIORE Co-m.""TY, July 18, 1835. out the initial "L" and insert ''Lorenzo;" and in line 7, before" In Samuel B. Hugo, a surgeon's mate in the war of 1812, cel'tifies to his personal diana,'' to strikeout'' One hundred and twelfth'' and insert" 'l'welfth;" knowledge as to the service of the claimant in that war. so as to make the bill read: In January, 1861, Drs. H. 0. Mack and S.M. Chandler made a personal exam· ination of the claimant's condition, and found him suffering from chronic de- Be it enact-ed, &c., That the Secretary of the Interior be, and he i hereby, au rangement of the liver, and by reason of this and a combination of diseases to thorized and directed to plaee on the pension-roll, subject to the provisions Hnd be totally disabled from obtaining a living by manual labor. limitations of ll1e pens10n laws, the name of Lorenzo A. Clark, of Harbor In yiew, therefore, oft he foregoing testimony, which is conclusive to the com Sp1·ings, Jlli.cb., late of Company A, Twelfth Indiana Yolunteer Infa11try. mittee as to the merits of the case, and from the great age of the claimant, they The amendments were agreed to. recommend the speedy passage of the bill. The bill was reported to the Senate as amended, and the amendment The bill wns reported to the Senate without amendment, ordel'ed to were concurred iii. be engrossed for a third reading, read the third time, and passed. ThiOl bill was ordere
The PRESIDENT pro tempore. The question is on the report of the the Legislature of that State stood aftecte
elected to the executive office of this nation who were not heard of as Who were the respectable Democrats who so asserted? Mr. Boyle, a candidates until the meeting of the conventions of their parties. Does newspaper correspondent, not a Democrat but a Republican, testified it follow .'l?ecause Ur. PAYNE was not a candidate that it must be log that some man, a merchant whose name he did not know, had told him ically inferred that there was fraud in t.he procurement of his nomi that he was in some little village :md went into a tailor's shop to get a nation? button ~ewed on his coat or vest or pants, and while there he bad h~d Fourth. That just befo•re t.he legislative caucus, where the nomination was a conve1'sation of the character that th~ minority mention. Does it fol made, -,..·hich was one week before the election, large sums of money were placed low that respectable Ohio Democrats had made that cha1·ge? by 1\Ir. PA-n.'"E'S son and other ncar friends of his at the control of the active managers of his canvass in Columbus. This they allege can be shown by the 1\Ir. Russell, a bitter opponent of the sitting member, as can beseen books of one or more banks. by every line of hls testimony, admittedly so hinlself, states that he We are not enUghtened in what banks this evidence can be found; came in contact with n. man of whom he says, "I do not know whether we are not told where the evidence is; but we are told from whom it he was a Democrat or not;" he thought he :nllgbt have been or prob may be proved, that it can be proved that Mr. PAYNE'S sons and others ably was; ';but I do not know;'' and he says this man told him that plaeed it in the bands of 1\I.r. PAY :~m's friends, citizens of course of the he had been down to Paige's room and there be saw this great amount St.o1.te of Ohio. -This matter was thoroughly and carefully examined by of money, and when be was asked to give the name·of.this man to the the committee of the Ohio bouse of representatives under resolution 28. committee he declined so to do. Who was absent that was necessary to the investigation of that charge? That is all the testimony there is upon which the minority can base Nobody it is pretended save Oliver ll. Payne. McLean was within the the charge that respectable Democrats of Ohio are back of the charge State and proffered to go before tbe committee and testify. Paige was as to the yast sums of money in Paige's room. within the State and proffered to ~o there and testify. All the minor Mr. President, this charge was made before the Ohio committee. It agents who are spoken of were ivithiu the State anO. could have been is no new charge that comes here now. That committee had the op called on and brought before the Ohio committee. . portunity to call the hundreds of men who went in and out of Paige's So it does not follow that there could be proved now any more in room, as shown by the testimony, day after day. Is it not strange that this 1·espect than might have been pro>ed before .that committee; and ~obody was found to testify to that save and. except the one man, and unless the minority are prepared to arraign the committee of the Ohio we do not know wllo he was, who had beard it second-hand in a Jew Legislature (which I think they are not) it must be assumed that they tailor-shop in some neighboring village, and the man of whom 1\fr. followed out the clews, for these charges were. as freely made when this Russell spoke but declined to name at all? committee was in session and before as they are made to-day. I need not comment upon the absurdity of that statement. I do not know Ur. Paige, but I understand he has been a member of Congress - Fifth. 1\Jt•. PAY:l.'E' S near fl"iend declared that his election has co t very l:nge sums. aud I think he was at that time.· That he would· be so stupid, if he A gentleman who e name is offered to he gh·en will testify that David n. was even so wicked, as to put out his money brought there for the pur Paige declared to him that he had handled $65.000. · pose of corrupting members of the Legislature, in so public a manner That fact could have been investigated into mid inquired of. It is as these unknown witnesses pretend, is not reasonable and is not to be no new cltarge here against David R Paige. It was before the com presumed without some clear and positive proof. lftbe minority had mittee of Ohio; and that is why I yesterday asked the chairman to intended to say and bad said that these alleged fi1cts might be proved giYe us the dates of the letters and reports or whatever you may call it would be another thing. · them that he read, beca.use I knew they were before that committee; Kinth. That the public be1ief that the choice of Senat-or was procured by the I knew they were matters of investigation there, or might h~ve been cot-rupt use ofmoneyprevailsalmostuniversallyin Ohio among persons ofbQth matters of investigation if they were not. parties, which ~nds Yery genet·al expression in the pre s. Oliver II. Payne stated to the same pet·son tha t ilhad cost him HIO,OO~ to elect I commented a little yesterday upon t.hat class of evidenCe and that his father. . claim. What has the Senate of the United States to do with belief? Oliver II. Payne was not in the State. I am not prepared to admit If it sh9uld be said here truthfully that every man, woman, and child that which is asserted here wit.h so much confidence that the precept of in Ohio so believed, unless we are furnished with some specific charges the State will not go beyond the State line . I will admit that they we haYe not the jurisdictiqn to inquil-e, can it be proved; is it in proof coulclnot .bring Oliver H. Payne from New York into Ohio, but they because the newspapers after their defeat complained? Newspaper could punish him for contempt when be came within Ohio's boroers if man after newspaper man went before that committee, summoned by l1e did not respond. ' It was not necessary to the jurisdiction of that the committee, and when asked, "Did you charge in your paper that committee that the 1\-ri.t should haYe been served in the State where there was frantl and conuption," said, "Yes; irritated, provoked, and the committee sat. Did this committee call Oliver H. Payne? They vexed over our defeat, we did." "Give us the facts," was the next did not. Did they ask him by letter, by telegraph, or by ·precept, or question, and the answer, "I do not personally know of any; neither by any writ to come before the committee? They did not. And they do I know of any man who does." More than one newspaper man so need not, because if the statement was tme they could ba>e called the testi~ed that be did not know, when he came before the committee, ot man to whom he made this statement, who it is not pretended was be any facts to sustair1 the sharp and bot editorials, and all of them ex yond the jurisdiction of tbe State at the time. cused themselves on the ground of the irritation that naturally grows Now, Mr. President, I come to another charge, which I ''"ill 1·ead aml out of defeat. pass and take up later. Ur. FRYE. Can the Senator gi>e the names of any of the newspaper Sixih. That the members of lhe Legislature who changed fx·om Pendleton to men who were summoned as witnesses before that committee? PA"\.'"NE did so after secret and confidential inter'\"iews with the agents who had Mr. TELLER. I can in a few moments. the disbursement of these moneys. . Seventh. That member3 of the Legislature who so suddenly changed their · ~Ir. FRYE. My 1·ecollection is that there were not over two of the attitude can be proved to bave, at about the time of tire change, acquired large representati>es of the newspapers who haYe been cited in this ca~e who sums of money, of which they give no satisfactory account. were ever summoned. I will speak of that in another branch of my remarks: Mr. TELLER. Then the Senator ceTtaiuly bas not read the evidence. Eighth. Respectable Ohio DemoCI"llls a!lh·m that just before the caucus lhe Mr. FRYE. Yes; I have read the evidence. room of 1\Ir. PAY:l\"E's manager, Paige," was like a banking-house;" that "the Mr. TELLER. Well, not with care. I can not give the names now evidence of large sums of money t-here was abundant and conclusive;" that · Paige's clerk declared in the presence of a gentleman of integrity that" l1e had for a moment, because that was not one of the things t.bat I put clown; ne'\"el' seen so much money ha_ndled in his life." hut certainly one man said-I Tecollect it very distinctly-that he was That is put forth by the-minority for the information of the Senate. irritated and that he wrote a very hot editorial-that was the term he It ought to be truthful; it ought to be to the letter correct. I will used-but said, "I did not lmowofanyfraud." 1\Ir. Taylor, who was show that it is untrue in every particular. There is no evidence here, a newspaper man-not an editor, but a newspaper man-declared that no pretense that there is here any evidence which will justify the he knew of no fraud. Mr. Dona>in, who was a newspaper man, de- statement that Mr. PAYNE's clerk ever made such a statement, nor is clared that he knew of no fraud. · there any evidence that any prominent Democrat of Ohio so stated or Mr. FRYE. They were no-t down there as editors of newspapers. that any man of integrity so stated. 1\Ir. TELLER. They were not the editors, but there were at least Mr. GEORGE. 1\Ia.y I ask tbe Senator a question? two editors who were members of the Legislature who declared before Mr. TELLER. . Certainly. the committee that they had no personal knowledge of fraud. · 1\lr. GEORGE. Does the Senator mean to say that there is nothing Tenth. That there is specific proof leading with great force t<> the conclusion that each of ten members will be shown to have changed their >otes corruptly, iu the evidence whieb justifies the minority of the committee in mak~ and thereby that the result was changed. ing that statement in their report? 1\Ir. TELLER. I mean to say that there is no evidence in my j udg The minority, Uke the others, do not deign to s~y who the ten mem ment-and I have ca1·efully scanned the testimony. four times; I have bers were, and I do not know why they confined themselves to ten read e>ery line of it, every word of it, again and again-and I say there is members except upon the theory that it is sufficient for them to show nothing that can be fairly construed into a support of that proposition: a change of ten members which would have altered the result, for the The honorable Senator from illinois [Mr. LoGAN] yesterday called at ·evidence points just as positively to a greater number. than that as it tention to the character of that evidence. Let me read the charge does to ten. 1\I.r. Donavin, upon. whose authority the in~estigation again: · was made, charged in the publication that brought out this resolution RM!peclable Ohio Democrats affirm that just before the caucus the room of No. 28 that fourteen men had been guiltY of corruption. Other news ll.t-. PAY~E's mana-ger, Paig·e, "was like a banking-house." papers charged at least four or five more. Elliott was charged, and 7310 CONGRESSIONAL RECORD- SENATE. JULY 22,
Bunner was charged, and so were Mooney and Roche. Mr. Donaviu had deposited $2,500; but when? Not as the minority say, just after charged that Baker, Hunt, Schultz, and Ziegler, who were then mem the election, but on the 24th day of July, 1884, and theel ection was bers of the Legislature, had been corrupted, and specified the amounts. in Jan nary, 1884. The time might ha>e been material, and was mater He charged also that Elmer White, Dr. Fierce, Ur. Welsh, and Mr. ial, but the money was not deposited just before the election. The Ramey, members of the senate, had also been corrupted, and specified honorable chairman took that from the speech made before the c~m the amounts. He declared that ;Mr. Cable, .M:r. Brenner, Mr. McLy mittee and not from the evidence, because it was tharged in t.he speech, man, Dr. Holbrook,· 1\Ir. Hamilton, and Mr. Lowenstein had been as it will be found, that it was just beiore the election. · bribed, and specified the amounts. O~her newspapers charged others Upon that pvint there could be no question'. The banker in whose with having been bribed, and so the minority might have said, I think, bnnk the money was deposited appeared before the committee, after with equal propriety that there were twenty if there were ten. having examined his books, and declared that the deposit wa made on Mr. HOAR. The Senator will p:u:don me. The Senator from Mas the 24th day of July. Then came Mr. Ramey, a man of character and sachusetts in presenting his views stated that evidence had been offered, a man.of some means, who testified where he got this money anu more proofs had been tendered, indicating that twenty-one members of the tqo. He testified that he bad sold property in ·west Virginia, gave the Legislature had been bribed, if the Senator remembers. That informa date, the description of the property, the name of the agent, and every tion was subsequent to making that 1·eport I suppose. thing connected therewith; and therefore he accounted in a manner Mr. TELLEH. Oh, no; it was not, as I understand. I do not uuder that could leave no doubt in the mindof nny fair, bone t man who read st~nd that anybody claims that they have any evidence they did not the testimony carefully that he told the truth. Ho accounted for the ha>e when this committee made its report-! mean the first commit money as to where be harl received it. That rai ·es no presumption tee, the Ohio committee. They may ha>e picked up something that whate¥er, and yet we have a one-sided statement, one-half of a story they think is corroborati>e of the charges made, but I venture to say told here, and the other held back. there is not a man now who was a member of the Sixty-sixth Legisla I ga\"e offense once by saying that if any members of this committee ture of Ohio that is charged who was not charged in 1884, either by some should partake of the sentiment of Ohio that was calling newspaper member of the Legislature, by some friend of Mr. Pendleton or Mr Ward,. conventions I should be sorry. It strikes me that some of that senti or. by some paper in that State; and aggregating those charges it is easy ment crept into the minority report. I would submit that question, as to get twenty-one, I will admit. the Senator from· illinois said yesterday, to a jury with confidence of In addition the minority say: success. The party would be nonhuitecl who made such a claim as The Senate has also recently referred to the committee cerhiu I'esolutions that. adopted by a convention of the Republican editors of Ohio, held at Colnml>u Sowemayoliminatenow from this time Mr. Ramey from consideration. July S,l&l6, praying the Senate to investigate these charges. The newspaper re ports of the convention show that the governor of the State was present at the The only possible reason to suppose otherwise is the statement of M:r. convention and declared his concurrence in said prayer. There have also been Kahle that .be had offered him $5,000 and said be bad been offered $5,- comruunica.ted to us extracts from the Democratic newspapers of Ohio, showing that a maiority of those papers have declared theiL· opinion that the election was 000. Mr. Ramey appeared before the committee and declared that be procured by corruption. Copies of these extracts are appended. never ma.de any such statements at all, and he stated to the committee I will not venture to comment upon that statement. I will not trust that he and the man making the charge were not personal friend , and myself to express my opinion in this body of an attempt to compel by I think that was admitted by Mr. Kahle. 'l'he only suspicion that a. public convention of political editors the determination of n. judicial could ha>e been thrown on Ur. Ramey really was the statement that question. I lease that for the minority. !.think I only need to state his wife had deposited money, and unexplained that might have raised it to ha...-e every honest man in the land affronted. a slight presumption at least; but it is fulJy explained, and the com Now, we come down to the specific cba.rges. mittee so treated it, I thin.k, although they refer to it in their report. I do not believe that I-should be justified in spending any further One member, after the caucus, deposited $2,500 it1 two amounts, nud I.Jeiug charged that it was the price of his vote, did not persist in a denial. time over the testimony touching Ur. Uamey. If the Senate had time, That is 1\:fr. Elliott Now, there is nothing found in the report which if it was near the beginning of n. session, I would inflict upon the· Sen will sllStain that statement, bnt there is found in the remarks submitted ate Mr. Ramey' testimony. It hears the earmarks of truth. No man, by ltfr. LITTLE to the committee a statement that Mr. Hughes, who is I think, can rea.d it and not feel that he Ilh'l.de a cleu.n and fair statement now in the foreign service somewhere, would so testify. Mr. Elliott of the case. was lJefore the Ohio committee, and testified that on the night of the Again: caucus he took an open ballot and shook it in the presence of the caucus, Another who is claimed to have changed uddenly from Pendleton to PAYNE i found making, soon after, expenditures amounting to $1 6()1J with his own and said, "Here is a vote for Durbin Ward; if no other man >otes for money on land, the title to which was tnken in the name of hls1 father, who paid him, I will." Here is a man charged by the roi~ority upon the state ..,J,OOO for it al>out tlle same time. The father and son lived tog·ether in the same ment of somebody as to what someboiiy says would be proved, who hou e. The son testified that he did not know where the father got the money to pay the $2,000. The father refused to state where he got his $2,000. and said swears himself that it was false and con ld be con trndicted by the seventy he did not know where tho son got tQ.e ..,1,600, and if bo did he would not tell. nine men of that body, as be shook hi.s ballot in the face of the whole The same member also made other large payments of money about the ame caucns and stated, ''Here is a vote fur Durbin Ward, if no other man time. >otes for him;" and the minority of the committee knew that that evi dence of Mr. Elliott was in the reqord when they brought in the state That matter was carefully and thoroughly examined by the Ohio ment, or the pretended statement, of Mr. Hughes. hollSe committee. Mr. Elmer White is here referred to as a member Mr. President, is it quite fair that the Senate, which was expected to of the State sen..'lte of Ohio and a newspaper man. It is said he sud deal with this question through its committee,. should be kept in igno denly changed from U.r. Pendleton to Mr. PAYNE. He declares that rance of so important a fact as that, that this man had denied it, and before the election he had determined not to support Mr. Pendleton the denial was unquestioned and undisputed, and no man appeared be and tells why. He says that owing to the affairs in Cincinnati, owing fore the committee to deny that Elliott had told the truth. The state-· to Ur. Pendleton's course with reference to that contest of which e\"ery ment of Mr. Hughes goes then for naught, and it had no place in the one here knows something, he had d~termined that he would not sup report, and ought not to have been there. port l\fr. Pendleton, and that he so announced in his paper before tho The minority of the committee say: Legislature met. Nobody pretended that be bad not so declared. Nobody appeared Another, who ch~ngcd to PAYNE, just before the caucus, stated to a colleague that he was offered -,ooo to vote for PAYNE, and intended to accept it, and tried to show that be did not; but an enemy of his had published a state to induce his colleague to do the same. That person's wife just afterward de ment that there had been undue prosperity on his part since the Tec Jlosited $2,500 in a bank in Toledo, took n. certificate therefor, which she trans· tion. He had gone to work and figured up and shown the number of ferred to her husband. mortgages upon his property and the fact that they were paid off was That was Mr. 0. B. Ramey, a senator, Mr. Ramey appeared before asserted as evidence that he bad got some money beyond his legitimate the committee. It was said that be was originally for Mr. Pendleton. business. Mr. White came before that committee and made a full and He denied it. He declared that he was not for 1\Ir. Pendleton; that complete statement; firs~. that the as ertion which had gone out that he bad not committed himself at all. It was a question of veracity be he had a certai·namountofmortgage on hi property was not true; that tween him and another whether he was or was not for Mr. Pendleton the one mortgage of 4,000bad been renewed, and that when it went hack day oflt!r. P.A.Yl-.'"E'S nomination. Atleasthiswordoughttobea.sgood it was credited as $4,000, making $8,000 where there was but 4,000. upon that subject as the word of the other party, and I do not think This was long before the Senatorial contest. Mr. White then went on the minority are just.ified in assuming it to be a fact that he changed to show beyond any question and beyoml dispute, nccepted and not de suddenly from Mr. Pendleton to Mr. PAYNE. nied, that when this controversy arose as to the Senator be had reduced The damaging part of that st.atement is-and I come to that now, these mortgages to about three or four hundred dollars, and be sho\ the other would prove but little or nothing-the damaging part, and where he obtained the money by which he paid that debt. Then he intended so by the minority of the committee, is, that his wife depos goes into a careful accounting before that committee to show where ited $2,500 in a bank in Toledo. If I am not mistaken, the Senator every dollar that. he had expended came from. who represents the minority of the committee yesterday stated in his :J;. say that at least to me, after I had carefully reacl it and reread remarks that there were two banks in the town in which she deposited it, after I had read everything that bad been said about his prosperity, it, and that raised a suspicion of guilt. This was one of' the charges I could not but conclude that he had told the trnth, the exact truth, made by Mr. Donivan. 1\Ir. Ramey was one of the inculpated mem and nothing but tbe"trnth; that he accounted clearly aucl satisfactorily bers. He appeared before the committee and admitted that hi.s wife for every dollar that he had. 1886. CONGRESSIONAL RECORD-- SENATE ..
That matter was before the-committee in Ohio. No more proof can _!;he Senatorial election or was it years later? A fair construction of be produced to the American Senate than was produced to that com that statement is that he received it at the time. The testimony shows, mittee. if it shows anything at all about it, that subsequent to the election he Mr. White, the father, who had expended $2,000 in property, when borrowed of Mr. Oliver Payne $3,500. ~Ir. Bruner was the man; Mr. asked said, "it is none of your business; I decline t-o tell where I got Brunerwas never a Pendleton manor a Ward man; hewasforMr. Con my $2,000." It was shown that the elder White was a man who did verse first and last and all the time while Mr. Converse had any show, occasionally have some money of his own. I submit that it would not and when Mr. Converse withdrew an~ was no longer a candidate, then be in the power of the Senate to compel him, in an investigation as to he was for :Mr. PAYNE. the right of ths sitting member to his seat, to tell where he got it, Another man, a Mr. Brenner, who was charged in the public press unless at least we could bring some connection between him and the with having been corrupted in the interest of 1\Ir. PAYNE, and I suppose tran..QRCtion. He swore positively and unequivocally that it had no one of the twenty-one~ came before the committee and testified that he connection with his son whatever; that it was not derived from him had never been for Mr. Pendleton at all; that he was elected upon -a nor his wife, mediately or immediately; that nowhere had it any con ticket of anything to beat Mr. Pendleton; that his people w~ a.,o-ainst nection with him; yet that is brought before the Senate, one side of it, ]')1r. Pendleton and in favor of anybody to beat Mr. Pendleton; and the charging part only, and the Senate is told upon that, "you ought that after the Legislature met forty-six of his constiiuents met in caucus to enter into an investigation as to the right of a Senator to his seat.'' and directed him to vote for Mr. PAYNE as the most certain to defeat Mr. Elmer White said he did not know where his father got the Mr. Pendleton in that contest. Yet he is charged with having sold money. He indicated that his father was not giving him always his out because he voted for PAYNE, without a particle of evidence that confidence in matters of this kind, and he said, ''If I did know I would the committee were able to get on that subje-ct at all. not tell, as it had no connection with this transaction." Then he re Mr. GEORGE. There was no improvement in his :financial condition peated that he liad not in any manner, and ne..-er had any connection shown? with the·money that his fa,ther had invested in that property; and there Mr. TELLER. There was ·no nttempt made to show his fl.nu.ncin·l it must be left as it would ha>e to be left in the meanest court of law condition. that ever sat. There are some questions of law, to which, if we were uotin the last• Again: I days of the session, I migb.t be disposed to call the attention of tho Another;who had to borrow money when he went to Columbus, and changed Senat.e in connection with this :m.a.tter. · suddenly from Pendleton to PAYNE, was shown just after the election to be in possession of money to purchase property, refurnished his house. &c. He was I forgot one man to whom I desired to call attention, and that is Mr. denounced by another member as having sold his vote. He turned exceedingly Welsh. .M?. Welsh was alluded to by the chairman ycrt.erday in his speech sick,made.no denial, and was taken away. as one of the persons who had been put under suspicion. 1\Ir. 'Velsh That is the statement of the minority of the committee which came li>es in the town where one of the members of Congress lives· who to the Senate. That is theone-sidedstatementof one witness who was sign~d this request for an in>estigation, the member of Congress of his political enemy, as he declared, that is Dr. Fierce, a senator of the whom the Senator from illinois spoke yesterday, wbo felt it his duty State. When Dr. Fierce heard that some attack was made upon him, to go up to Cleveland and remonstrate with the Cleveland Republicans he notified the committee and said he wanted to be heard, and the com against their advocacy of HENRY B. PAYNE for the Senate. He testi mittee n.llowed him to testify. When he catne before- the committee fies that there is nothing in Mr. Welsh's condition in life subsequent he said to the committee that he understood there had been some testi to that election to indicate ~hat he had been corrupted. mony inculpating him and he would li.lre to see it. The committee There is not a particle of evidence in all that has been taken which denied him access to it and said he C01.lld not see it, that he could not can be called evidence which looks to any charge against Mr. Welsh. know what it was. Then they pre<:eeded to examine him. Into every The newspapers had charged, Mr. Donavin bad charged, that he was act of his life they went; into every transaction that he had had any guilty of taking a bribe, andwhenasked, ''Where did you get it?•' he thing to do with for ye2rB, and they followed it up to the amount of says he thinks he put that down himself. :M:r. Donavin testified, as it furniture that he baa put in his house, the number of sheep that he had would be seen if there were time to look at this document, that he got on his farm, and the number of cattle he might have sold for several the facts from various sources, but the amounts he got from Mr. Taylor, years past, the amount that he had collected from his profession and who was a correspondent of one ofthe Cincinnati papers. Mr. Taylor all sorta of things. Sitting down there, he made a statement of ill the was before the committee, and he denied having given the list of mem miJiley that he had received and of the money that he had paid out bers as published, but said he had furnished the names of some, and since 1882, and he -accounted for more money than they were able to when asked how he obtained his information he candidly ndmi.tted to show he had expended. the committee that he had no personal knowledge whatilver on the sub When they asked him with reference to certain payments where "the ject, but he said he had made predictions as a newspaper man, and he money c.ame from he proved that he had sold jand in Kansas and re was exceedingly axpcions not to get left. He had predicted that 1\ir. ceived the money, and from the proceeds of that land he had made the Pendleton would be elected, and he was greatly chagrined and annoyed payment. He gave the name of his agents in Kansas. He gave the that the rush was the other way. description of the property he had sold. Then he came further with a Therefore, so far as these men are concerned whom I have mentioned, letter from his agenta, who stated that they had sold the property and the Ohio committee have thoroughly and fully investigated and obtained transmitted to him a draft. Then he gave the name of the bank in all the evidence which can be obtained. After careful examination I which he had deposited the draft and where he had had it cashed. Yet shall vote that there is no evidence to impute to them wrongdoing. we are told that the fact that he had bought $170 worth of furniture That public sentiment suddenly changed in the State of Ohio is not in 1884 indicates that he was indulging in luxuries beyond his means, to be denied. HENRY B. PAYNE was not a known candidate until and that the Senate must infer that he ha-d taken a bribe in this Sena- just before the election, although a great many at least testified that atorial election. . they had heard his name more or less mentioned in connection with it The minority of the committee proceed further to say: even before the election, but it was not publicly proclaimed until jnst Two others, elected as anti-monopolists, became supporters of 1\Ir. PAYh"E before the Senatorial election. But there were reasons why. One wit and were heard discll8Sing together the amount of money each had received. ness said it seemed to him as if all the politicians of the State were TheSenatorfromDlinois yesterday commented upon that. He called there, and when asked if the Democracy were for 1\Ir. PAYNE (and he the attention of the Senate to the fact that Mr. Mooney, who was one was a Pendleton man), he declared that it appeared to him as if the of the men charged, had appeared before this committee and desired majority of the Democrats, the great mass of them, were for ~Ir. P AY~E to be heard but not being able to gain admittance and an audience so before they got there. as to be heard, he submitted his affidavit, in which he stated that at Shall it be said that the hundreds of men of that State who advo the time of the caucus he was not boarding in this man's house, and cated Mr. PAYNE were all bought with money? Has it come to such had never been in it, and he submitted the affidavit of his room-mate a condition that it can be said that the great masses of men are cor to show that at that time he was occupying rooms in another and in a rupted in a Senatorial contest in that great State? I do not believe it; different part of the city. I can not believe it; and there is no evidence here that would justify When the minority of the committee bring this here for us to act on the committee in believing that there was undue influence brought to why do they not bring us all the evidence? Why do they not give bear. on the public. If there is evidence of bribery and corruption it us both sides of the case instead of one? He not only showed what I has been withheld from the committee, and the committee, as I said have stated, but he declared with great earnestness and emphasis that yesterday, are in no condition to enter intelligently upon an investiga he never had been drunk for twelve years. It was said that he was tion of this character. drunk and quarreling over the money. He declared that he was not I said yesterday that I would not yield to the Senator f.rom Massa using liquor at all, and that he had never had any controversy with chusetts in devotion to good government and purity of elections any Mr. Roche of or concerning money or anything else. Mr. Roche does where. I realize as well as anybody can the danger that comes to a · not appear to be inquired about. I do not know where he was, and republic when the country grows riclt. I recognize the danger of fill nothing appears as to that. ing this great body with men who only represent a bank account. I Another, who bad before.bee11 for another candidate, bntvotedfor:Mr. PAYh""E, am as sensitive to that as the Senator can be. I have bad some obser received from Oliver B .. Payne $3,500, which he said was a. loan. • vation on that point; I know something about it: and I am prepared to When did he receive that? I submit now to the Senate, on that state put my condemnation upon it in every case where it can be done within ment, when would you suppose he received it? ·was it at the time of the law. I am for discouraging .rich men who have no claim upon the 7312 CONGRESSIONAL REOORD-SENATE. J ULY 22, public, who have no fitness for official station, from occupying a place rude and rough in their language-about public men; but if any one ex here simply because they are wealthy; but if we proceed to condemn pects any better treatment he will have to live to some age yet far re those things "'lle must condemn them within the law; we must follow mote and in some country where free institutions do not exist. It is the usual procedure or else "'lle shaJ.l be worse than they. the history and the life of politics that every man in public life must It is most gratifying, as I said yesterday, that in this case we have it be subject to the freest criticism, and although this is often unjust no sheared of the usual disagreeable and annoying and humiliating branch true Republican would be willing to resb-ain the liberty of the press of such cases, the charge of guilt against the sitting member. It is merely to avoid temporary injustice to individuals. If my honorable most gratifying to us as members of the committee and as membera of friend from illinois was not o universallycombativc, as heisonall oc the Senate that that branch of the case can be put aside, and that we casions, he would have found out that it is better not to combat a n<:ws can deal with this now as a question oflaw independent of him. The paper, to which he has no fair opportunity to reply. simple question is, was there such corruption and improper praetices in I thei·efore on entering into this discussion disclaim any desire t-o re the State of Ohio; and, judging from what we have before us, judging flect upon the motives, or the honor, or the conduct, or the opinions of from the charge, judging from the evidence, is it within our province to the gentlemen who differ with me in opinion. But I must say that I :find evidence sufficient to determine that question in the affirmative? believe from my own knowledge of the history of events in Ohio, as If we can not, then we have nothing to do with the case . . well as from the papers which are sent to us, that there is a profound I said yesterday it was not a question of politics. It is not a ques conviction in the minds of the body of the people of Ohio of all poli~ tion of prejudice, and it ought not to be a question of passion. I ical parties that in the election of my colleague there was gross corrup said yesterday I would act independent of Ohio. I did not mean that tion by the use of large sums of money to corrupt and purcha e the Yates I am not anxious for the good-will of the people of Ohio. I did not of members of the Genem.l Assembly. mean then, and I do not mean now, that I am insensible to the appro Now, that ;is a fact. Whether sufficient evidence has been produced bation of the people of that great State. I have in all my public career before you to .i ustify this belief it is for you to say. ·Whether sufficient and 1uivate life regarded the approbation of my fellow-men as above bas been said here to put yon upon an inquiry, the fact remains that everything else. I am prepared to receive it when I merit it, and I am the people of Ohio believe that in the election of my colleague there was prepared to receive their condemnation with equal equanimity when I the corrupt use of money sufficient to change the result. do not deserve it. I have acted in this c:!Se upon my conscience, and What is the evidence of that? Omitting for, t.he time a statement of t shall be unmoved by newspapers, by personal n.ppeals, and by political the fraud and crime which have been going on for two years, let us interesU:l, and I shall move forward to do my duty, as I have always come down to the official statements recently presented to us. The done it as God has given me to see it; and in that way I r.pproach" my first was a report accompanied with testimony from a committee of the vote in this case. bouse of representatives of Ohio, which certainly does not show any Mr. SHERMAN obt:l.ined the floor. personal rancor or hostility to my colleague. Senators must see in the Mr. GEORGE. Will the Senator from Ohio yicltl to me a moment, comq1ents made upon the action of the Cowgill committee that there so that I may ask t.he Senator from Colorado a question? I was very was no passion, no heat, no unljue persecution or prosecution of that much gratified to hear the Senator from Colorado say that, upon an ex investigation. Although the committee said that as to the four mem amination of the whole case, there was nothing in it which tended to bers namtd in the resolution (and that was the only subject of their implicate the personal honor of the sitting member. I believe that jurisdiction) th~y found no evidence to implicate them, yet they did declaration bas been made by all. I d~e to ask the Senator this find evidence which th~y undertook pat·tially to detail, which led them question: Has an examination of the testimony convinced him that to believe a report that there were gross frauds in connection with the there was an entire ab ence of any improper use of money in that elec- election of a Senator from Ohio in 1884.; and for that reason, because tion? . they had no jurisdiction of that question, they report it to the Senate of Mr. TELLER. I am satisfied from an examination of the testimony the United St.'l!tes to do what they think is best or right about it. that there is no proof of corruption of the members of the Legislature, So you ba,·e at the outset the statement of a CO!llmittee in Ohio who and that no proof of it can be obtained by the Senate. I do not pre ha\'"e fairly investigated this matter that there was just ground for in tend to say that all the methods of Ohio politics are correct. I do not vestigation by the only body authorized to pass upon-t.be election of know as to that. I did not inquire as to what might have been done my colleague. I shall have occasion hereafter to show tha'b while this beyond, dwing the campaign, or at some other time. I confined myself inYestigation was imperfect and unsatisfactory, it was for want ofjuris to the question submitted, to us bythe Senate; and on that! have acted, diction and power over tbe subject-matter, imperfect as H was, yet a on that I ·am prepared to record my vote, and to record it under the majority of that committee come to these conclusions: solemnities of my oath without reference to the wishes of any man or H~wever,although we find that the charge against the four ruembc1·s of this men, unmoved by prejudice or passion, by interest or favor, unawed by house named in the resolution hAs not been s ustainesl, certain facts have been threata, unterroriz.ed by what they say is public opinion, to vote as I developed which we believe to be of sufficient significance to repQl·t to t he hou e for disposition as hereinafter sugge ted. · regard it a Senator's duty to vote; and that is all I desire to say. There is a general concurrence of testimony upon the following points: .Mr. BLAIR. I should like to ask the Senator from Colorado one 1. That the candidacy of liENR Y B. PAYXE for United States ennto1· w as not question. · made known publicly until a considerable time after the ge neral lection of 1883 at which members of the General Assembly were chosen . The PRESIDING OFFICER. The Senator .from Ohio ba the floor. 2. That suspicion and charges of the employment of illegal means to cure 1\Ir. SHERMAN. I would rather go on now. the election of the successful candidate for Sena.to~ were ver y p re,·alent nea.r Mr. BLAIR. Very well. the time of, and for weeks after, the Senatorial election, and tha t in many in stances the suspicion amounted almost to con·viction. Mr. SHERMAN. :Mr. President, I rise to perform the most disa S. That as to choice of Senatorial candidates among members of the General greeable duty of my life. During the long time I have been in this Assembly, there were numerous remarkable changes, difficult to account fot· body I never haTe had occasion to bring before the Senate the politics without assuming the use of unusual induc:!ments. .1.\Iention is made of this concurrence of testimony, for the 1·eason tha t the of Ohio. We have had in that State many political battles, and I have points specified have a general bearing upon severul matters that follow. fought political contests on this floor with my colleagues, who have * • * * * * • been sometimes and most of the time opposed to me in politics, but I Although, as stated in the outset, the testimony developed nothing of a n in culpating character concerning the members of this bon e named in the resolu have never had occasion heretofore to refer to Ohio politics as distin tion of inquiry, we believe that circumstances surrounding the election ofllE:s-RY guished from national politics in its broadest sense. B. PAYNE as one of the Senators ~o represent the State of Ohio in the Congress I wish to say in the outset that in performing what I regard a public of the United States, as presented by the testimony, are such as to warrant us in recommending that an authenticated copy of the testimony and report be trans duty to the people of Ohio, and especially to the Republican party of mitted to the President of the United ta tes Senate for the information of the Ohio; I do it in no spirit of unkindness to my colleague. · I have known body of which Senator PAYNE i a. m ember, and for uch action a it m a y deem him, or have known of him, since I have arrived at the age of man adYisable. · hood. I have ~ways known him as a respected and honored citizen of That is not all. The members of the bouse of representati\·c of Ohio Cleveland, Ohio, regarded well by his neighbors; and I am glad to say to whom this report was made and who are now our present Legislature, that in this investigation, and in performing this duty, I shall not have elected after all the storms of our contest for the last two years, ba ve occasion to personally arraign him. I believe the evidence shows by passed a 1·esolution and se:nt it he~e. It is now before me, and is made common consent that wlultever corruption occurred in the process of his partially the basis of this investigation. I will ask the Secretary to election, no personal knowledge of that was brought home to him; and read the resolution, adopted, a far as I 1."now, by a unanimous vote of if the investigation which I ask the Senate to grant is given, I sincerely the Republicans members. I will speak about ~he Den1ocratic position believe that his personal honor will not be touched by the testimony a.fter a while. I ask the Secretary to read. · which will be ·produced. - The PRESIDING OFFICER (Mr. S EWELL in the chair). T he re o- Having said that much, I wish to say also to the Republican Senators lution will be read. · who have differed with me and have signed the majority reports, the The Chief Clerk read as follows: ·senator from Illinois [1\Ir. LOGAN], the Senator from New York [Mr. ABTS], Be i t resolved by the h ouse of n •presenlalir:e& of Oh io, Tha t in. the investigation Ev and the Senator from Colorado [Mr. TELLER], I have no sym made under house resolution No. 28 ample testimony wa n.dduced to warra nt pathy what.ever with the criticisms which hav:e been made upon mo the belief that the charges heretofore made by the Democratic prCJ of Ohio are tives of these honored Senators. I do not think anything which was true, to wit: That the seat of HE:!ORY B. PAYNE in tbe United States n a te wrus read from the newspapers by the Senator from illinois shows that any purchased b~ the corrupt use of money; and - Furlher 1·esolved, That the hono1· of Ohio demand , antl this holt e of repre substantial reflection upon their motives has been made in any paper sentatives requests, that the said title of IIE:\RY B. PAY~E to a. ea t in the "LTnitctl that I have yet seen. The newspapers, as a matter of course, are often Etates Senate be rigidly inTestigated by said Senate; an1l
. 1886. CONGRESSIONAL REOORD-SEN.ATE. 7313
Furthe-r resol·ved, TbR.t the governor of Ohio be requested to forward. a copy before the Senate, the resol~tions of the Repnblic..1.n editors of Ohio, of of this resolution to the Presid~nt of the United States Senate. whom there are sixty-eight in number, sixty-eight firms or' editors Mr. SHERMAN. The Senate of Ohio, which had gone through a who publish that many different Republican papers in Ohio. This crucible for more than four months in perfecting its organization, where paper also states in a more emphatic manner what may be said to ~e great party heat 'was elicited, after the or~nization had been perfected the unanimous opinion of the Republican press in the State of Oh10 by the exclusion of what were called the Hamilton County·representa upon this subject, not with any heat or passion as against my colleague, tives of fraud, passed a resolution, which I ask to have read. but their expression of the opinion that there was in this election gross The Chief Clerk read as follows: wholesale corruption and the use of money in the purchase of mem 'Vbereas by common report suggested and· corroborated by the public press bers of the Legislature. of the State without respect to party, and by a recent investigation of the house of representatives, the title of HENRY B. PAYNE to a seat in the Uni!ed States There is· attached to the resolutions a long address setting out at Senate is vitiated by corrupt practices and the corrupt use of money rn procur- length their views, which I shall omit: ing his election; and . . To the Senate of the United States : Whereas it is deemed expedient, in order to secure a thorough inve~t1ga.bon The Republican editors of Ohio in convention assembled respectfully repre• of his said election o.s Senj.tor by the United States Senate, that the hehef of the sent that the circumstances preceding and attending the election in 1884 of General Assembly in this regard be formuJateq in a specific charge: Therefore, HENRY B. PAYNE to the United States Senate from Ohio induced the firm belie( ·Be it resolved, That in the opinion of the General Assembly, and it so charges, the in the public mind at the time that his election was accomplished by the corrupt election of HID!RY B. PAYNE as Senator of the United States from Ohio in Jan use of money. The developments since have confirmed this belief. It has be uary, 1884, was procured nnd brought about by the corrupt !•se o~ money paid come the settled conviction of the people of Ohio that l\Ir. PAYNE holds his seat to or for the benefit of divers and sundry members of the S1Xty-s1xth General in the Senate as the result of bribery. It would be .difficult to find a well-in Assembly of Ohio, and by other corrupt means and practices, a more particular formed person in the State seriously t.o dispute the fact. statement of which can not now he given. These convictions are not the result of partisan feeling, for it is notorious that Resolt!ed, That the Senat-e of the United States be, and the same is hereby, re the accusations of corruption originated with persons of opposite political prin quested to make a. full investigation into the facts of such election, so far as ciples from ourselves; and yet the influence of money and the powe1· of party pertains to corrupt means used in that behalf. . , discipline have in most cases caused them to defend rather than to denounce Resolved, That the governor he, and is hereby, requested to forward a copy thf'se charges first made by themselves. · thereof to the President of the Senate of the United States. Your memorialists share the general conviction; the far reaching evils of. the :M:r. SHERMAN. I shall not ask the Secretary to read further be situation are manifest; redress can only come frQm the Senate of the Umted States. · · ·. . cause I do not wish to detain the Senate too long, but I will offer the 'Ve therefore respectfully and earnestly request that the Senat-e will d1re_ct an resolutions adopted by the RepnQlican State committee of Ohio, by its investigation to be ma.d.e, believing that it will establish the charges of bnbery and corruption formally presented by the Ohio senate and house ofrepresenta unanimous vote, in which they set out in different phraseology a little th·es. more specifically the same general s~tement that is ~ntain~ ~ the Expressive of the convictions of the Republican editors of Ohio are i_ncl!Jsed Senate resolution. Instead of wearymg the Senate w1th readmg 1t, be resolutions and n.ddress adopted; and we ask that the Senate shall vtndicate the character of the State either by clearing up these charges or by purifying that cause it is already a public document, I submit it, as follows: honorable body from the presence of a member corruptly elected: REPl:BLICA!i STATE Co:liM.ITTEE RooMS, ".Resol'IJed, That it is declared to he the belief of the members of this conven Columbus, Ohio, May 5, 1886. tion, and they so cbarge, that t4e election of HmmY B. P.A"'YNE to the Senate of. the United States was procured by the corrupt use of large sums of money, fur Whereas it b.n.s been snown to our satisfaction by the testimony taken by the nished and disbursed by the acknowledged agents and representatives of Mr. committee of the Ohio house of representatives, under house resolution No. 28, PAYNE, and that this convention further declares its belief that an investigation and from other sources, so strongly as to induce us to believe and charge that. by the Senate will substantiate this charge; and they are not aware that the the election ofHE:NRv B. PAYNE to the Senate-of the United States was secured fact has been in any direct .and responsible way denied. by bribery, fraud, and corruption; and . ".ResoltJed,. That the Senate-Commit-tee on Privileges and Elections be, and it Whereas the testimony so taken has been by the house of representat1ves re is hereby, requested to act favorably upon the communication of the members ported to the Senate of the United States, for such action as that body may see of the Ohio delegation in Congress asking for a reconsideration of the vote tit to take on account thereof; and - - whereby the committee declined to recommend an in vestiga.tion of the election Whereas the facts so established reflect upon the good name of the State of of Mr. PAYNE, and also to take into consideration the final communication of Ohio and affect in mmals, as well as in law, the validity or the tiUe of Mr. Representatives Lr.rTLE and BUTTERWORTH, offering further evidence of bribery PAYNE to his seat in the Senate: Now therefore, ' in the election of Mr. PAYNE and further weighty reasons for investigation. Be it resolved by the RepubUcan eentr;J committee of Ohw, That in the name of ".Resotved, That in case the Senate Committee on Privileges and Elections ad all honest people in the State of Ohio, and for the credit of the hitherto unsul heres to its reported decision, that the Senate of the U oiled States be requested lied name and reputation of our State, the Senate of the t;Tni~ S.tates be, and to take this decision of its Committee on Privileges and Elections into consid- hereby is respectfully requested to prosecute such mvest1ga.t10n rnto the mat eration and reverse it. · ters sug~ted by said report, and the cha!ges herein preferred, an.d to take s~ch ".Resoloed, That it is suggested to the Senate of the United States not to ig· action thereon n.s may be necessary to relieve our State from the diSgrace which nore its time-honored precedents ·and turn from its. doors a. State which comes it now rests under, and to do equity and jus~ice to all concerned: and so fully supported, preferring the charge that one of its seats in that body was Resolvedfurth.er, Thatthecha.ir~an of this committee is directed fA? forward an purchased with money, a charge which, if ignored by the Senate, must unfavor- authenticated copy of this resolutiOn to Hon. GEORGE F. HoAR. chaxrman of the ably influence the reputation of the body itself. _ · ho had s-een his way clear to do it. I can sa.y that I believe that a full M:r. SHERJ\.IA.N. I have not yet quoted a newspaper. When I do investigation would acquit him of personal participation in bribery; the Senator may then n.sk me that question. I quote the opinions of but if, as it is alleged, others did by the corrupt use of money, public editors of newspapers who come together aud resolve and send here or private, control-his election, while he would not be dishonored and their opinions. disgraced, the public would be satisfied of the extent and nature of Mr. LOGAN. Exactly. the adual offense committed, whether it was one that called for any 1\Ir. SHERMAN. Is not their opinion worth as much as yours? further notice, whether the means employed was only the usual efforts Mr. LOGAN. Nobody doubts that; but if the Senator criticises me in party warfare, whether it was a mere contest between party faetions for quoting newspapers, I think the ~a me criticism would apply to him or factions within the Democratic party, or was open bribery and cor self. ruption or the purchase of a seat in this body. The sentiment in the 1\Ir. SHERJ\.I.AN. I do not criticise you, except I sa,y I do not see Senate and among the people would have been just and generous and what effect that has in this debate except· to show that injustice was forbearing to my colleague. That was my opinion; but I suppose my done to the Senator. I admit that. What Senator here has not had colleagne must have felt possibly an ho~orable feeling like this, that such injustice done to him over and over again? He seems to throw while he was conscious he was free from blame he did not choose to the whole burden of the accusation made by the editors upon Murat compel an investigation when others who were bound to him in various Halstead, who is a kind of a fierce fighter, fighting everybody at times. ways might be affected by the investigation. The Senator says that Halstead has abused Grnnt, abused him, abused 1l:Ir. LOGAN. Will the Senator allow me to inteuupt him? me, ood everybody else. Suppose that to be true. Is it the position M:r. SHERMAN. Certainly. of Mr. Murat Halstead thatisnowcommented upon? No, sir; itisthe Mr. LOGAN. I believe I did not misundersta.nd the Senator when position of sixty-eight leading publishers of newspapers of Ohio, whose he said he thought I had mistaken the issue, the question. opinions are worth noting, nearly every one of whom is a warm friend Mr. SHERMAN. I do think so. of the Senator from IllinQis. Do you s-uppose that there is nothing in Mi. LOGAN. In the ·next sentence the Senator says that he does this, that this is a mere partisan movement--- not believe an investigation would inculpate Senator PAYNE, but that 1\Ir. LOGAN. I do not propose to be placed in a false position by any it would ascertain otherpersonswhomightbeguilty. Dohmderstand body. Inasmuch as the Senator admits that I have not been very well you? - treated in this case, I propose to protect myself. He speaks about these M.r. SHERMAN. Substantially so. editors. I hav-e no complaint to make of these editors; I have not 1\lr. LOGAN. Then is not this the fact-we will see who understands made any complaint; but when he speaks of their opinion, itis a mere the issue-if Mr. PAYNE can not be inculpated, he is the one we have request of these men. They 'do not give you any evidence; they do jurisdiction over, and if other persons violate the law over whom we not name a man who knows anything; they do not present any fact; have no jlll'isdiction, is it not the duty of Ohio to proceed against those they do not present any case. ' . persons and investigate them, and not the duty of the Senate of the Mr. SHERMAN. The fact that these men say that-- United States? - 1\lr. LOGAN. They merely request that we shall do something, 1\I.r. SHERMAN. I intended to come to that. I think the Senator that is all. overlooks the whole controversy here. The question is whether enough Mr. SHERMAN. I have had their resolutions sent to the desk for members of the Legislature have been corrupted to poison the election, publication to show what is the feeling in Ohio, that it would not not to affect the character of my colleague, but to poison the election be easily smot_hered, and that a resolution to investigate only would and change the result, and no power in this world has jurisdiction of put an end to it. Do you not suppose it is a strong feeling which that question except the Senate. would induce General Kennedy, one of the bravest and truest soldiers I might here change the course of my remarks. The Senator asks, of the war, to write that letter to his comrade and friend, the Senator Why do we 'not indict our criminals? We have sent more men to the from illinois? It may have been unjust, but the very fact that men penitenti.'\ry for criminal offenses against the elective franchise in the like Kennedy, the lieutenant-governor of om State, a man of charac last two or three years than Dlinois has done, and she has done nobly ter, and conscience, and honor, and courage, as the Senator knows, in two or three marked cases. would state this thing to his fellow-soldier and friend, is an evidence 1\!r. EVARTS. Not in this case? of the strong feeling which prevails. The very editorials cont-ained in Mr. SHER1\1AN. Not in this case, but in connection with our elec the newspapers that my honorable friend read are an evidence of stron~ tion frauds. But what could: be done in this case? Where would we feeling. Nothing elsecould prove it so well. You ca,n not move great :find a bill of indictment? This is the first time it has ever been urged masses of men, you can not move half of the people of a great State like in the Senat-e of the United States that it will not examine into the Ohio unless something fearful is behind it. These newspapet'S may character and conduct of the elections and qualifications of its mem publish their arguments and their talks. That is not the thing that bers unless the record of indictment and conviction is first produced. is behind this movement. It is the fear, I may say the conviction, that 1\Ir. LOGAN. The Senator asks, where will you find your bill or their most sacred right cf representation has been tampered mth by indictment? I can tell him. At Columbus, the capital of the State corruption. This is not a newspaper charge. It is no idle charge, but of Ohio, where he charges that certain persons committed offenses. By made firmly and openly, perhaps with heat but it is made nevertheless their grand jury and before their courts they can try these men and with honesty and sincerity. You may heed it if you will; you may con viet them if they have been guilty of these offenses. There is where reject it if you will. you can :find your indictment. The Senator from Colorado said that this newspaper meeting of edi Mr. SHERMAN. Would my honored friend fxom Illinois say to the tors was an affront. He expresses his opinion upon the result of the people of the United States that the Senate will investigate no charge tranSaction, as he has a right to do. These editors who were interested against a member of this body unless the person accused shall first have as being represented, whose reputation in common with the people of been convicted by a trial before a jury of twelve men? Ohio is affected, can not express their opinion, and if they do it is an M:r. LOGAN. No, sir; that is not the point. The Senator will not affront to. us. · . · get away from the point. The point is this: that you say this man is Sir, the Senate of the United Stat-es can never put itself so high that not guilty but others are. Over them we have no jurisdiction. If they evelt the petition of the humblest citizen, blaek or white, may not be are guilty it is the duty of the State to indict them and to prosecute received with respect, and when a respectable body of men like this them. I do not say that you have got to :find a man guilty, but I say send their petitions in plain and not offensive words, it can not be that is the duty of your State, and unless it perfonns its duty it can treated as an affront, even if it does not harmonize exactly with the not ask us to go around hunting up evidence for the purpose of having opinion of a. Senator on this floor. men indicted over whom we have no j nrisdiction. I might go o.nand show further evidences of the current state of opin 1\!r. SHERMAN. The Constitution of the United Stat-es, to which ion-what it is now. This-investigation is an honest demand of a great we have all sworn our allegiance, declaPeS that the Senate shall be the State. • judge of the election returns and qualifications of its own members. But there is another more important consideration I wish to mentio~ When a great State, with over 3,000,000 people, through its organs, and I know my friend from Illinois will sympathize with me in this. comes here and says that they believe that the election of a Senato1· There have events happened in the last two or three years in Ohio, of has been tainted with fraud and corruption it will not do for Senators which the alleged corrupt purchase of a seat in this body is only one or for the Committee on Privileges and Elections t-o say, "We do not and not the most important, which have aroused the feelings of the believe it; you have not evidence enough; you have not convicted the people of the State to fever heat. They have gone through a contest rascals who participated in this offense.'' unlike any that has ever happened before in the history of our Gov Now let us go a little further. 1\Iy friend froin. Illinois complained ernment. Up to three years ago our politics had been practically of injustice having been done him. I think that ~justice was done pure. We had had our manly contests, man to man, boldly contested him. I sympathize with him heartily, but who can not quote news on the stump and elsewhere, but in the summer of 1883 a new method papers to show that injustice is done to us all? What was the neces of politics crept into our canvass. It first appeared at Cincinnati. Its sity of showing that Hals1;ead-- first appearance was at the Highland House convention in the city of 1\1r. LOGAN. Why does the Senator quote the newspapers in order Cincinnati in August, 1883. to get an investigation, then, if he sa;ys the papers ought not to be Up to that time, there had been here and there fraud, and men were quoted here? It is the resolutions of these newspaper representatives tried and convicted sometimes and sent to the jails and the penitentiary ~ow that he makes a part of his argument. . · for election frauds. Among the rest a man by the name of 1\!ullin was 1886. CONGRESSIONAL RECORD-SENATE. 7315 sentencedfo~a;year, and waspardonedoutbythe Presidentofthe Uni~d I ;wea.~ened as it was by the deflection of man;r pe~ns, led the Demo States. Wruvmg that for the present, we had had our contests; but·m craticpartytosuccessthatfall, andaDemocraticLegiSlature was elected. August, 1883, there first appeared an organized and wholesale scheme After all the internecine contests, in which I felt and feel no inter to control by fraud the primaries, an important agency in our party est whatever, between the members of that party, it was apparent to politics. That was not a contest between the Republicans and the every one, according to the testimony here produced over and over Democrats, but it was an internecine contest in the Democratic party. again, that ?t!r. Pendleton had a majority, sometimes contested more A small interest in Cincinnati got the control of what is called the Dem- or less, nnd that General Durbin Ward, a gallant soldier, now since ocratic executive committee. They had primary elections for delegates dead, had a large vote also. My colleague then had no show, or at from Cincinnati to meet in convention and name candidates for the Leg- least there was no general agitation of his candidacy. No doubt he islatnre, and so on. This was the beginning of this legislative contest. was spoken of by friends, as he has always been. He has been for Then it was that the night before the convention was to be held, before many years spoken of as being worthy of a seat in this body, but there a single lawful delegate could meet to assert his power, this executive was no movement for him, nor was there .any until some time in De committee undertook to organize the convention by appointing a pres- cember. The extracts read by the Senator from lllinois show the fact ident, a vice-president, and all the office.rs. They appointed themselves that then some of the Republican papers, probably to create a diversion a committee of credentials and passed upon the credentials of the deL- or division, commenced suggesting PAYNE, and movements we1·e then egates who were to meet the next day. They were a committe of or- set on foot for the nomination of Mr. PAYNE. All that only shows ganization, of credentials, and nominations, and mapped out even to that up to that time in December there was no thought of Mr. PAYNE. the candidates who were to be voted for. The contest was supposed to be between Durbin Ward and Mr. Pendle- How was that scheme carried out? Sir, this executive.committee ton. acting as a committee of credentials rejected over two hundred Demo- Soon after that the General Assembly convened. Then it was that crats, elected on what is called the Pendleton ticket in opposition to corruption occurred, as it is alleged by these various people, no1t by the the ticket that was setting this machineryinmotion. Those delegates actual purchase of members ofthe Legislature to vote for 1\fr. PAYNE were excluded by the fiat of this executive committee. at the election of Senator after it was organized, ·but by bribery and 1\ir. SAULSBURY. Will the Senator allow me to ask him whether corruption of the members of the Democratic party in the caucus to the Highland S:ouse convention was not organized precisely as conven- nominate a Senator. In this the friends of Mr. PAYNE, it is alleged, tions of the Democratic party in Cincinnati had been organized for controlled a sufficient number of votes to change the result of the elec years previous, and whether the gentleman who presided over that con- tion nnd defeat Mr. Pendleton and defeat Mr. Ward and elect my eol ventlon was not an avowed friend of Senator Pendleton for the Senate? league. Mr. SHERMAN. The best answer 1 can make to that is to have a 1\ir. President, I do not intend to go into a critical examination of all single extract from a Democratic paper published in the city of Cincin- this testimony. I am -perfectly content with t~e statement made by nati read. · the Senator from MassachnsettB [Mr. HoAR]. I am perfectly willing l\1r. SAULSBURY. DoesnottheSenatorknowthat there are on the to rest the case upon the arguments made bytheseveral membersofthe files in the committee-rooms of this body affidavits made by the presi- Committee on Privileges and Elections. I am perfectly willing to take dentofthatconventionand bythefriendsofMr. Pendletoninreference the statement of this case as made by Mr. LITTLE, a member of the to the proper organization of that convention? Hoose of Representatives, and also by Mr. BU'l.'TERWORTll in his able Mr. SHERMAN. I know that a habit had sprung up there to allow speech, who refers to it. But before coming to that I wish tGfollowthe the executive committee to do certain things, but it had not been the election by bribery of a Senator in January, 1884, by a briefstatement fixed or nniven;al_habit and it never had been perverted" for the purpose of the effort to elect another Democratic Senator by fraud, forgery, and of overthrowing the people elected by the Democrats of Cincinnati. It. perjury in Jannary, 1886, for these events and attempts are kindred is their fight; I do not care anything about it. I will allow one of and associated with each other. their newspapers to tell what was done. It is an extract I copied from I said that I would show that this fraud, commenced in the High- the very paper there referred to. land House convention, continued afterward, but was resisted at every Mr. LOGAN. It was a Pendleton fight. stage by the popular wilL At the very :first election that occurred after Mr. SHERMAN. Certainly; an internecine fight. the election ofmycolleagnethe Republicans carried bytheir usua,lma- The PRESIDING OFFICER. The article referred to will be read. jority the State of Ohio and overthrew the Democratic party. In the The Chief Clerk read as follows: • State election .in October, 1884, we carried the State of Ohio by an [Extract from the News-Journal, Cincinnati, Sunday, August 19, 1883.] overwhelming majority, and in the November election that followed, Before the meeting of the executh·e committee he had "fixed" his ticket, and when Blaine and Logan were our cadidates, the majority wa..c; 50,000. "fixed" the agencies through which he carried ou' his designs. The most im- This is the evidence of estimation in which the Senator from lllinois portantofthesewasthecommitteeoncredentials,andthiswasfirmlyancbored heldb th R bli fOb. Th ~.:1-~- dhimf1 h' and armed with five reliable (?)men, with L. G. Bern.ard nt the helm. The pri- was Y e epu cans 0 lO. ey u.ullJ.lle or lS cour· mary elections occurred and the McLeanites met with defeat, the majority of the age and stalwart Republicanism. legally-elected delegates being men who were unpledged. The 1\!cLeanites If there was a feeling of disappointment shown when his position in openly boast.ed that no man opposed, either actively or passively, t.o the McLean this matter was known which led to the act of striking his name from interest would be allowed to have a voice in the convention, and the result proves th... t the boasts were not idle words. Every elected delegation opposed the Blaine and Logan Club at Good Hope, Ohio, it should only show to the McLean interest was contested. The committee on credentials met in a to him how intense and great must have been the feeling of disappoint. saloQn la.te Friday night a.nd beard the contests, but reserved all decisions and t th t h t fi ht· th · b ttl {I th th refused to make any tstatement as to their number. n is understood that about men a e was no g mg eir a e or em now as ey sup- one-half the city precincts were thus put in the hands of this committee. In ported him then in the same cause of republican government. I do not many cases theeontesteesdid not know that their rights were being questioned, blame him, I do not call in question his conduct, but the very evidence and of course had no hearing. The committee reported (that is, Mr. McLean h d d h h · t '- b th ~ lin f th 1 th t published a list of his delegates) and the committee tendered a copy of this to e pro uce s ows ow In ense mus., e e 1.ee gO ese peop e a the conventi9n as its report. By this means about two hundred legally-elected they would suddenly chang~ their attitude in regard to him. delegates were ruled out, and when the question came before the convention In October and in November, 1884, we carried the election by an nlmos~one-halfofthosevotingwereactingasjudgesandj-uryontheirowncases. overwhelming majority. So again in the following spring we carried .1\Ir. SHERMAN. That is the account given by one of the papers of the election in the city of Cincinnati by six or seven thousand. this controversy. Some Senators near me seem to think, and as the con- But in the summer of 1885, last summer, this same evil and corrupt; versation is so loud I must hear it, that we •..re not interested in that, influence was organized, afrer having captured one Senator, to capture that this was a mere :McLean ::md Pendleton fight. We are just as much another, and they organized i:n every part of Ohio schemes of fraud, of interested in the purity of these primary meetings among the Demo- forgery, ofballot--box stuffing, of perjury, as well as of bribery. crats as we are among those of the Republicans. It is a very foolish These have been developed now by judicial process, and we can speak idea to suppose that the people of this country are not interested in wise of them openly and boldly. In the city of Cincinnati there was a ma andjudicious party organization, and if one party introduces fraud in jority of several thousand for the Republican ticket if there had been order to defeat each other they will carry those same frauds into the an honest count, even if all the fraudulent -votes cast were counted. final contests between the two great parties, and thus poison the Gov- This is shown by the testimony now produced bothincourtand by the ernment of. the country. When I show you here that the very motive committees of investigation. This corrupt gang of criminals practiced and spirit that actuated all the movements of that party during the two every manner of fraud that has been practiced in any city of the United years in Ohio started in the commencement to cl1eat themselves, or a States. In. one single precinct of a single ward in the city of Clnc:in portion ofthdr own number, I show you a movement organized in fraud, nati they changed enough votes by taking out Republican ballots and born in fraud, which I will show had its natural results in stirring up putting in Democratic ballots, and put in frnudulent votes known to be the people of Ohio to an extent that they never have been before in a such, and then changed and altered the returns by palpable forgery so political matter. as in this precinct alone to reverse the election of ten members of the After this was O\er and the ticket was nominated, then a combina- house of representatives and four senators in the State Legislature, and tion was made between the Democratic party and the liquor dealers' then upon these forged and fraudulent returns gave certificates of elec orgnnization, openly and boldly, by resolutions mntnallypassed during tion to ten Democratic members and four Democratic senators. This that fall; and at the same time the tempernnce people, being largely is now admitted on all hands to have been a wholesale organized interested in the question of prohibition, went off in a side-show by fraud and the trial of one of the chief guilty parties is now going on in themselves. The result ofthe combination between the liquor dealers' Cincinnati. Why, Mr. President, the frauds Committed in that- city I association and the Democratic :party against the Republican party, will not detail to yon, because no doubt you have heard enough of them. 7316 CONGRESSIONAL RECORD-SENATE. JULY 22,- Nor were these crimes confined to Cincinnati, but after the election Then the closing paragraph: · was over they committed a forgery, an admitt.ed forgery, of the returns "I want to seeourofficerselected in the good old-fashioned Democratic mode, of the election from the city of Columbus, which would have secured.. and not by some new-fangled mode that, to say the least of it, weo.rs ttn evil- f b f th Le · 1 t d h &e. ted th omened and inauspicious aspect. I want to see all true Democrats ha-ve a. fair there t urn o a mem er O e gtS a nre an per aps auec e re- cbo.nce, according to their merit.s, and do not want to see a. political cut-throat suit of the Senatorial_election. These were plain and palpable forger- bossism inaugurated for the benefit of a. close party corporation or syndicate." ies. In the case in Cinninnati the forgery was so manifest that every- That was the opinion of Thurman as to what was going on there. body could see it, and it was excluded aiterward by both parties from He also quotes the fact that when the people elected the members of the count. In the case at Columbus the successful consummation of the Legislature only two men were thought of or spoken of before or the fraud was defeated, as I have always thought, by Judge Thurman after. The&e extracts follow in this document. I will read a state and by other Democrats in Columbus who would not tolerate or permit rueut, not from a newspaper, but a statement-- such crimes. So the attempt to bribe a member of the Legislature at Mr. FRYE. The Senator will allow me. · Dayton, Ohio, after he had been elected was clearly proven and admit- Mr. SHERMAN. Certainly. ted on all hands. Mr. FRYE. I would like to have the Senator read what Judge These were the incidents, these were the events that aroused the peo- ThUI·man said immediately afterward, on page 78, in the Columbus pie of Ohio; and, sir, they are not a people who would submit to this Times, January 9, 1884, more ·signific.:'l.nt still than what the Senator thing. They can not be ridden over by fraud or violence, and the time has already read. was rife just after the election in October last when in Cincinnati if it :Mr. SHERMAN. Yes, this is:!. quot..-ltionfrom the Columbus Times, bad not been for prudent and wise and conservative counsels there might a leading Democratic paper: have been scenes even more dangerous, even more terrible than the The Democratic clock is put back four years, :~.nd corruption is given o. new bnrnin11 of the court-house, which was one of the results of the pre- leasehold in our land. Syndicates purchase the people's agents, and hones' vions fraud, by placing in power a corrupt police, men who would not men stand aghast.-Columbus Time$, January 9,1884. standbylaw-abidingcitizensintheirrights, butwouldprotectandfoster Mr. GEORGE. Is that Judge Thurman's language? and aid the criminal classes. • - Mr. SHERMAN. It is in the Columbus Times, a paper published Sir, happily that was pa...qged by; and by peaceful methods, the ordi- in his own town, right under his no~e, and never has it been contra nary course prescribed in the constitution and laws of the State of dieted. Ohio, having carried the election by a majority of nearly 20!000 on the Mr. GEORGE. A Democratic paper? State ticket and more than 30,000 on the legislative ticket, they cor- Mr. SHERMAN. Yes. rected these errors in the Legislature according to the constitution of f)ir. GEORGE. Friendly to Judge Thorman? Ohio, and in this way eaved another terrible contest that ruight-baYe Mr. SHERMAN. I presume it is. It was· a leading organ of the · occurred in that State, and God knows where it would have ended. It Democratic party at the time. Many of these extracts are from other was this hegira of fraud, this appearance there_of all the election frauds Democratic papers. One of the papers most severe in its comments on that bad been perpetrated North and Sooth in our elections that stirred the result of that election was owned by a gentleman who published up our people in Ohio, if possible, to explore t-0 the-uttermost the be~ the Bucyrus Forum. He was a member of the Senate who partici ginning, the progress, and the end of this most infernal conspiracy to 1x·.ted· in these eYents. I have extracts from his paper by the score. elect two m~mbers of this body by bribery and fraud. 1\Ir. GEORGE. I should like to ask the Senator from Ohio, does Now, Mr. President, I return to the election in January, 1884. What that extract from the Columbus Times purport 0:1 its face to be the was the result? · Mr. PAYNE was elected. What was the opinion ex- language of Judge Thurman? pressedatthetimebythepeopleofOhio? :Myfriendfromillinois, wl1o Mr. SHERMAN. It does. Ins in quotation marks here. It was reads newspapers by the wholesale, complains and seems to fear that I not like the other,. written by him. This I can not say except that it will read newspa.pers. I have here published in this document-- was published in the daily paper in his own town, and I never heard Mr. LOGAN. I want the Senator to keep within proper bounds. it contradicted. Now, I will read yon a statement made at this time He says that I fear that be will read newspapers. What right has he by a member of the Honse of Representatives, a Democrat, whom you to say that? -What have I said that caused him to say that? I have all respect, Mr. WARNER: said nothing about his reading newspapers. He can read the Bible if I protest that what has been done at C-olumbus is not the deliberate act of the he wants to, or newspapers either. I make no objection to that. If Democracy of Ohio. On the contrary, I affirm, in the face of all that has been B'bl h d •t h done, that the great bot1y of men composing the Democratic pa.rt.y of my State b e ever h as read tbe 1 e, e can rea 1 ere. have been, and still are, sincere in theh· opposition to monopoly and the corrupt -~~: ~~!~· kn~~~tisisv~r:~~:\;ut that is the only kind of b!~t~~civif:r~~~~inT~~~!~:!n~ti:~~~~r~~1Y~;~;!~l::~:;~l~~;~~~~~h~~a~ wit the Senator appreciates. - . combination between McLeq.n and the Enquirer crowd of Cincinnati and the Standard Oil Company. It was brought about by methods which every one Mr. SHERMAN; I do think I was justified in saying that there- who is a lover of free institutions and has fo.itb in popular government must marks of my friend from Illinois about· newspaper extracts, made be- :~.bhorandcondemn. ThetruthisthattheDemocracyofOhiohasbeen deceived fore I read anything, before I proposed to read anything, when I had and basely betrayed by certe.jn men to whom it ha~ confided sacred trusts. read only a petition in proper terms from editors of newspapers were Now I ask yon, Senators, whether this is a mere party contest, when uncalled for. _ I suppose he probably thought I was going to read all I produce the general voice of the Republicans of Ohio, who have been these newspaper extracts. baptized in a contest with fraud and have finally overcome it, and su- Mr. LOGAN. Yon can read them if you want to; I have no objec- peradd to that the testimony of such men as Judge Thurman, .Mr. tion. WARNER, an honored member of the Honse of Representatives, and add :Mr. SHERMAN. I know I can without asking the Senator. I do to that forty Democratic papers with their stream of charges, sometimes not propose to read them. They are here in this public document, bot too strong, that I do not desire to read. There is the condition of the not one-half of the utterances made by Democratic papers are gathered matter. here. We come next to the Cowgill investigation. The Senator from Col- What do they say? They uniformly with one voice pronounce the orado, I think, and perhaps the Senator from Illinois have said, "Why result of this election the act of fraud-call it a pnrchased· seat ob· do not the people of Ohio investigate this matter?" Well, Mr. Presi tained by corrupt methods-forty Democratic papers in the State of dent, after this election took plaee all these charges were rife in the air, Ohio. It is said they were Pendleton papers. I do not know whether an That is the modest statement. They do express their conviction If there was no objection to the examination of these eight or ten strongly, and if you believe what they believe and.what they here as witnesses this whole controversy Illight be settled at once. I could give sert and report, you may not convict anybody, you may still say the a list of eight or ten witnesses to examine whose names are mentioned evidence is insufficient, but for tlie purpose of an inquiry it goes far in these papers, and they are mentioned by my colleagues in tbe other beyond any case I have ever known~ my time in the Senate of the House, and if there was any wrong done it must have been done by United States or any that I believe is shown by tha public records. them. .Let these men go before the Committee on Privileges and Elec Here is a demand by one great party, here is a complaint made by tions and expurgate themselves. There is one pregnant piece of testi the leading papers of the other great party, here is a refusal by the mony that can only be had by taking a deposition in Germany, the testi Legislature that was charged with bribery to make any investigation or mony of as honest a man as is, the late Lieutenant-Governor Mueller, of inquiry into the matter, here is the report of a committee impartially Ohio. It is true it is hearsay, and therefore it would not in a court ot stating the impression .the testimony has :dlade upon them, and they justice be evidence, but it is that kind of evidence we always take in a. send it to you to say whether or not it is sufficient to induce inquiry; preliminary inquiry to get at the facts, and here is the name of a gen that is the point; not whether the accused is guilty or not guilty; not tleman we shall be able to furnish, and w bose testimony is entirely con whether my colleague should be expelled; that is not the question at sistent with his character and consistent with the honor and good fame all; but it is a question. whether upon these allegations and upon this and name of my colleague; his testimony ought to be obtained, and can imperfect information given to you without examining the men who only be obtained by senamg and getting his deposition. Here is the tes know the facts, it is sufficient to cause you to inquire into a charge timony of a Democratic lawyer of Akron, by the name of Hall: which if true demands your consideration not now, but at some future Q. Do you recollect any conversations with any other persons about the use time. There is the question. of money, Mr. Hall? Mr. President, this matter never can be quieted until there is a full A. I had a conversation with 1\Ir. MuellCI-, ex-Lieutenant-Governor 1\Iueller. I don't remember the time; but! was at his house. He lives in 'Vest Cleveland. inquiry. I tell Senators frankly that there are six or seven men who He took me in his caniage and brought me into the city (I think I went out on ttre known-I could name them, they are named in the testimony all a. street car); anyway, we were riding into the city from his residence, and he told me that by accident (he was here in the city) he went into Mr. Paige's they way through-who if they were brought before .this Committee of room- :Privileges and Elections would settle this matter forever one way or the other, in my judgment. In less time than has been consumed in . The testimony wasgiveninColumbus. Thereforeh ~speaks o f "here disputing and discussing o>er this question, the whole matter would in this city"- ha>e been settled, and I do express my earnest hope and wish that all went into Mr. Paige's room- these charges may be dissipated into thin air and that after a full in- 1\Ir. Paige was the one to whom was attributed the care and custody vestigation of the men who know about these things it should appear of money. . that this charge made against a portion of the people of Ohio is un- .He said it looked to him like n banking-house. There was a. large amount or founded no man will rejoice at more than I. It is no partY advan- money in plain view. He said he found out that he was not wanted there and · · to D ti fri ds 4-~~~ ·t d 'th tb• he went out. He went immediately and told Mr. PAYNE about it, before the tage, no d esue see our emocra c en w.ll.l e Wl any mg election; tolU him they were using money here; told him what he had seen. wrong or corrupt, because I know the mass of the Democrats of Ohio 1\Ir. PAY~'"E' s answerwas , ''Youdon'tsupposel would indorse auythingofthat · nre a3 honest and as true and as faithful to the obligations of honor and kind, do you?" He said he didn't know. That was about all he said about duty as any other portion of the people of the United States. All that it. That is all the conversation that I know of ditectiy with reference to this. can be reasonably asked-and that I hoped my colleague would agree Mr. Mueller must have been there. He was a. Democrat of high to-is a means by which the men who have been pointed out here and standing. He was an intimate friend of Mr. PAYNE, and also of Col named shall be brought forward to testify. I know some of them and onel Payne. His testimony would be important in this controversy. I believe they would tell the troth frankly. Ifthey went beyond the It is true he is not here. This is not evidence, but it is that kind of bounds oflegality and propriety, let them say so; if they did not, let statement which is always admitted, and is essential and necessary in them say so. a preliminary inquiry. You never canconvict anyman except by first Mr. LOGAN; Will the Senator allow me to interrupt him? hearing what he said, gathering up reports, hearsay testimony. You .Mr. SHERMAN. Certainly. do not offer it at the :final trial until it is robed with all the sandions Mr. LOGAN. Doeshenotknow-andlamsurehehasthreeofthose of legal testimony, but in the scrutiny and :finding out of fraud and men in mind that he says he might name-does he not know the fact wrong you use every kind of means possible, even to the offensive way that three men offered this committee to appear before them and testify of hiring detectives. and that the Ohio committee never sent for them. Does he not know Here is the testimony of a gentleman whom I might name which that? · would at once and could at once settle this controversy, and it seems :Mr. SHERMAN. I do not want to stand in the position of arraign- to me end this matter, end it for the honor of Ohio, end it, I trust, for ing these men or prejudicing the public mind against them; butlknow the good .name of my colleague and with his continued seat here, no one thing, that the leading one among them was not there and was away doubt. from the State in which be lived until just at the conclusion of the ex- - No man can claim, unless this fraud or bribery or corruption can be • amination, and at the time when the committee had resolved to proceed shown to ha>e gone to the extent to have caused euough members in no further, when they were satisfied, so far as the four men were con- the caucus to have changed so as alter the result, thafi it would affect cerned whose case they had power to investigate, what would be the the election. The rule.is laid down in numerous cases; but here the good of the examination of these three? · allegation is that there were more than that. You say you do not be- l\1r. LOGAN. I will state to the Senatorwhatwouldhave been the lieve these allegati(?ns, and here members of the House ofRepresenta good of it. If that committee intended to present anything to the Sen- tives who have their constituents behind them, men of high character ate of the United States they certainly could have presented their evi- and honor, come and tell you what they expect to prove. . deuce with the rest. The Senator well remembers that in one case You say the evidence before you was not sufficient, but yet you re here that came before the Senate affidavits were presented, affidavits of fuse to let other evidence be brought. Why this haste? Why this men were absolutely offered for the purpose of showing that there had burry? Why not give an opportunity to present this evidence? :My be~n fraud in one case which'_! could mention. It will not do to say own opinion is that most of this difficulty has grown out of o. misap they had no jurisdiction. If a man chose to submit himself to the prehension by the people of Ohio. When the people of Ohio senthere jurisdiction and testify, that was all that could be asked, and these their respectful petition by the two houses of the Legislature, by the people did. One of the men that he refers to-for I know very well to members of the Republican committee, by this convention of editors, whom he refers-wrote a letter tothecommitteesometime before they by this imperfect proot~ and asked you to simply inquire into that closed the investigation notifying them of the time he would be there which affected their honor and your duty, they supposed as a matter of and saying that if they desired his evidence they could take it. What course the request would be granted, and I was of thnt opinion myself. was theresponse? TheSenatorsaystheyhadclosed. Thatwasamis- I supposed that as a matter of course inqnirywould be at once entered take. The chairman of the committee wrote him a note saying that it into. Since I have been a member of the Senate I have seen Senator he desired his evidence he would notify him. That is the case and get up and read a newspaper paragraph without sanction or name, a.nd those are the facts. · upon that somebody else would demand a committee of inquiry, and Mr. SHERMAN. Suppose what the Senator says is true-suppose it was always granted. this committee neglected tp do what they ought to have done, and as the My friend from Massachusetts, and I do not know but I did myself, Senator seems to wish to convict them of doing-- in the case of the Virginia troubles and the J\fississippi troubles offered Mr. LOGAN. I do notwish todoanysuch thing. The Senator has resloutions for inquiry. I hav-e myself when charged with. offenses been trying in several insinuations to put me in a false position. I do that would have been improper in a Senator, when charged by new-spa not charge any such thing. I only say it would have been a convenient; pers, demanded an investigation. Therefore it was supposed that as a method ofgettingthat testimony before the Senate so as to give notice matter of course when this petition was presented there would be no as to the evidence that would be produced, and where a man is will- lawyers' quirks and stratagems to avoid an investigation, but that on ing to submit himself to a jurisdiction whether the tribunal has juris- the assertion of these people it would be granted. A. man may be ar diction of him ornot, the otherpartycan not complain that there is no rested for murder, the highest offense l'"llown to the law, on t.he mere jurisdiction when the party is willing to snbmit to the jurisdiction. affidavit of a man who swears he believes that A B committed mur- Mr. SHERMAN. I have no further answertomakeinregardtothat der at su~h a time and place upon the body of CD. Such affidavits than that I think it sufficient that the committee went to the extent to J1 are sufficient on which to base an accusation. The grand jury heat'S all which they were authorized to go and then turned it over to us. kinds of testimony, and that is the second stage of these inquiries; but 1886. CONGRESSIONAL RECORD-SENATE. 7319 in the preliminary stage, in the stage in which this case is here before mine the question whether certain members of that Legisla.tnre had the Senate, a mere charge is sufficient. • been corrupted. That testimony was sent here by that house uf repre Mr. President, it is not sufficient for us to state that the case made sentatives without any request onlemand as regards the United States by this printed testimony is not strong enough to convict. It is a Senate. It was simply transmitted for our information, but the ena· question whether it is sufficient to excite a suspicion because upon a tor from Massachusetts mo-ved t.o have that testimony referred to the suspicion a Senator's seat and his right to hold his seat here may be in Committee on Privileges and Elections. That 'las the first branch of quired into. Therefore with due deference to the distinguished and this inquiry. . eminent gentlemen who treat this case as if we were now passing upon There was no suggestion from any one that we should inquire into the guilt or innocence of an accused with the view of a lawyer and the other sources of testimony. There was at that time no demand made strictness of a lawyer, it seems to me they have confounded the stage from any qu.a.rter whatever, not even from either bmnch of the Legis of this inquiry. It is now an inquiry only in the bands of a committee lature of the State of Ohio. We examined that testimony and we of our body to advise whether or not in these papers or in any that can reached precisely and exactly the same c.onclusion that was reached by be produced there is cause for investigation, or whether there is reason the house of representatives that bad made that investigation, and in able and probable cause that can be produced. If so, then the inquiry that conclusion the chairman of the Committee on Privileges and Elec goes on. The final judgment, however, is only arrived at when we tions coincided. Was there anything very extraordinary in that? Here · shall have completed testimony of a legal charaeMt, when with grate was an investigation that had been passed tiy the legislative depart and deliberate justice, and with the kindness that we always give to ment of the government of Ohio, the whole body, and the result of that our colleagues here, we proceed to render our judgment. inv~tigation was transmitted to the Senate of the United States and ill. President, I have said· more than I intended to say when !rose. by their or.der a committ.ee of the Senate investigated that same testi I will now add in conclusion that I consider that I perform a duty to mony and came to the same conclusion, which was declared explicitly my State, and especially to the party that I represent here, and all we and without equivocation by that investigating committee. I ask can say to yon is that we have believed and do now believe, mainly whether after reaching that conclusion, whether after forming that S!lme upon the statements made by Democratic editors and Democratic citi judgment, for entertaining that same opinion we are liable to any crit- zens, for they know more about it than we do, that upon the belief icism from any quarter whatsoever. · generally held in the Sta.te of Ohio that fraud and corruption did su The Senator from]Iassachusetts and the Senator from Ohio, knowing pervene in this election we ask yon to make such inquiries as will sat the damaging effect that the mere statement of the committee that isfy your conscience whether that charge is true or false. If it is true, there was nothing discoverable in that evidence to substantiate or to you alone are the judges of it. If it is false, then yon should punish sustain a single charge would have, have sought to shelter themselves the men who started these charges and you should vindicate the men under what .I call a special and misleading and indefensible propo ilion who have been unjustly arraigned. of law; and what is that? That this house of representatives of Ohio In any view I can take of it, I believe it is the duty of the Senate of had not jurisdiction of this investigation. .After that evidence is trans the United States, as it regards its own honor and the future of our mitted to our committee, after we are required to examine that evi country, never to leave this matter in its present condition, to be be dence, after we ha.ve carefully examined and carefully weig4ed that lieved by some and disbelieved by others, to be made the subject of evidence, having, I say, reached the sllD.le conclusion that the investi ptli'ty contest and party chicanery, but let us have a fair, judicial, full gating committee of Ohio reached, we are told by the Senator from investigation into the merits of these accusations. If they are false, Uassachnsetts as a legal proposition that the investigating committee stamp them with the brand of ignominy; if they are true, deal with bud no jurisdiction of the subject-matter; and after all onr labors, in the facts proven as you think is just and right. order, as I say, to escape the terrible force, as a mere matter of argu Mr. EUSTIS. Mr. President, I did not intend to take part in this ment, which that conclusion necessarily involves, he uses this language discussion, but the majority of the Committee on Privileges and Elec in his report: tions w bo made this report have been arraigned in such severe and acri But the result of the investigation in Ohio seems to the undersigned abso monious terms and bave been exposed to such a severe judgment by the lutely unimportant. appeals made by the Senator from Massachusetts [Mr. HoAR] an4 the What does the Senator mean by that? I understand perfectly well Senator from Ohio [Mr. SHERMAN], that, having shared the responsi that the investigation of the committee of the bouse of representatives bility of the majority repor~ made by that committee, I deem it in of Ohio does not conclude the United States Senate. That we all un cumbent upon me to justify and to defend the conclusions which I have derstand. We all undeJ;Stand that the Unit~dStates Senate bas original reached and the judgment which I have rendered as a member of that jurisdiction to institute and prosecute an inquiry of this kind. But committee. what does the Senator mean bystatingthatthatinvestigationis wholly It is needless for me to say that that committee appreciated fully the unimportant? very grave and serious responsibility which the Senate of the United Mr. HOAR. Does the Senator want an answer to his question? Statesdictated thattheyshouldassume. !twas a responsibility which Mr. EUSTIS. Certainly. became- the gra.ver from the fact that it is a question not only affecting Mr. HOAR. I mean exactly this: They were authorized to inve. ti the integrity of this body, the honor of the State of Ohio, but the in gate facts, whether four particular men, A, B, C, and D, were guilty terest which the American people will feel to know whether or not a or not guilty. They find they wer:e not guilty. That is the re.:.""11lt of committee of this body charged with this duty has been faithful and their investigation, all they were charged to do; and whether those four honest to the trust which has been imposed upon it. men were guilty or not guilty is, in my judgment, absolutely unim- Mr. President, whenever an inquiry is to be instituted in this coun portant to us. That is what I mean. . try in whatever tribunal, whoever may be the accused, it has always Mr. EUSTIS. Now, Mr. President, I propose to show to the Senate been the boast of Americans that under our free institutions there are as a. legal proposition that it is simply preposterous for a lawyer to assert certain rules and laws which protect the citizen in the enjoyment of that that house of representatives did not have ample, complet-e, and every right that he possesses. absolute jurisdiction of the whole subject-matter of investigation. I have myselfbeen present at a memorable trial; I have been present Mr. HOAR. Did the coiDm.lttee have it? at the trial of a French general when that man was condemned to be Mr. EUSTIS. Yes, sir, and I wish to call the Senator's attention to degraded and to be shot, .and it was indeed a shocking spectacle to sit a. confusion of ideas which was perfectly apparent to me when he was there and listen to those judges, the presiding officer of that court be discussing this question. He says in his argument and he says in his ing no less than a high judicial officer, and despoiling that man of his report that that house of representatives of Ohio had no jurisdiction, l'eputation and of his rank, threatening to have him shot, and all that because it could not invalidate or vacate the seat here of the sitting upon hearsay testimony; and I could not help but contrast that ex member. That is true. That is to say, that house of representatives traordi.nary proceeding and that extraordinary trial with what takes could not render the judgment which we can render. We have under place in this country, which is a country of laws and of constitution; the Constitution supervisory jurisdiction and we are the power which and as a member of that committee I wish to give to the Senate the renders judgment declaring that a seat shall be vacat-ed because the reasons which actuated and infl~enced my judgment in reaching the election has been illegal or corrupt. The power conferred upon the conclusion that I did that there were not sufficiently specific a.J;~.d cir United States Senate is not only a power of investigation, but it..is a. cumstantial charges made before that committee to authorize :min power of jurisdictional authority to render judgment in the case; but v~tigaiion of such a character as is here proposed. wherea-s the Ohio house of representatives has not jurisdiction to ren I overlooked, as I have no doubt the other members of the commit der judgment, I maintain that it has full-jurisdiction to investigate for tee did, the merely personal considerations involved in this question, the purpose of expressing its opinion; whatever that may be worth, with knowing that the honorable Senator whose seat was to be questioned reference to who shall be arepresentative"from the State of Ohio. by this proceeding has always borne a pure and a blameless life, that The Senator from .Massachusetts t.old us that the honor of the State his private character and his public career have remained unassailed of Ohio was involved in this question. I grant that. If the honor ot and unassailable to this moment. I sat in that committee as a judge the State of Ohio be involved in this question, as we all know that it overlooking and discarding whatever measure of respect and of friend is, certainly the State of Ohio and its Legislature have j~d.iction over ship might be entertained for the honorable Senator. its own honor. What was the first proceeding which was had? The house of repre The Senator from Massachusetts told us that the integrity of the sentatives of the State of Ohio had been engaged for two months and a legislative proceedings by which the member seated was elected was half and bad examined fifty-seven witnesses to ascertain and to deter- in question. I admit that. If that be true, has not the Legislature of 7320 CONGRESSIONAL RECORD-SENATE. JULY 22, the State of Ohio jurisdiction over the question of the integrity of its ble inquiry in every possible pba.se that an investigation can assume, legislative proceedings? and deliberately came ro the Conclusion, as I have already stated, that . The honorable Senator from Massachusetts referred us to the case of there was no evidence whatev~r to sustain or substantiate the charge Kilbourn vs. Thompson as applicable to aquestionofthis kind. I must made, ought to have great weight at least, if it be not conclusive. express my surprise that he has produced such an authority as that. If the proposition which I have endeavored ro maintain be correct, That was a case where the Honse of Representatives of the United States that that investigating committee did have jurisdiction of the subject passed a resolution to investigate certain mattera with reference to matter, what becomes of the argument of the Senator from Massachu dealings in real estate in the District of Columbia, and when they came setb~ when he made the denial of that jurisdiction in his speech yes to inquire into the private affairs of Mr. Kilbourn, matt~rs which were terday? purely of a private character, he refused to testify and he refused to The other branch of this investigation was what I was going to call surrender his books, and the Supreme Court of the United States held newly·discovered evidence, but I will correct myself and say newly that the House of Representatives had no right or power to pass such discovered zeal; and that was that after the Committee on Privileges a resolution and compel him to testify. and Elections had, I m::~.y say unanimously, unleSs the Senator from But here is a great public question, a question of supreme public mo Maine [Mr.' FRYE] corrects me, reached the conclusion that there was ment, involving the issue, is the sitting member entitled to .his seat as no evidence whatsoever developed in that investigation which would a representative from tlie State of Ohio in this body, involving the justify an inquiry, f.ben appeared two gentlemen jrom Ohio. further question that if this tribunal should declare that he is not en .Mr. HOAR. Will the Senator allow me to ask him a question? titled to his seat the Legislature of Ohio would have ~e power t? fill Upon what docs he base the statement which I have heard other people that. vacancy, a question in which the State of Ohio has ne.ver ceased make, that the Committee on Privileges and Elections ever reached a to have an interest, in which the people of Ohio have never ceased to conclusion that there was no evidence which would justify an inves have an interest, because the question is, who shall represent the people tigation? of that State in this body? And to tell me that with reference to such Mr. EUSTIS. Here is the report. . a question as that the house of representatives of Ohio had not juris l\1r. HOAR. If the Senator will pardon me I desire to state- diction to institute an investigation, to compel the attendance of wit Mr. EUSTIS. My recollection is that that was the report made by nesses, to summon those witnesses, and to compel those witnesses to the chairman·of the committee to the committee. testify, is to my mind a preposterous proposition. Mr. HOAR. Let me state the facts, because that bas been alluded I maintain on the contrary, and I will show by the authority of prec to. Evidenca taken by the Ohio committee was sent to the Senate ac edents in this body that that house of representatives had ample and companied by no request whatever from any quarter for an investiga, complete and ab:;olnte jurisdiction of this whole question of the inves tion, but s,imply as was said for the Senate's information. I undertook tigation of Mr. PAYNE'S election, ttot only with reference to the four to look at that and see what it conta.ined, and I reported that while it members who were subsequently elected to the next assembly but with contained certain facts that I stated, to wit, that there was a general reference to every person and every tran."8ction and every proceeding in public belief that the seat was obtained by bribery, that one or two the Stat~ot'Ohio, because the StateofO~io has aright to-day,alth.ough members were shown to have been offered money for their votes, and she can not revoke or cancel the· credentials of the Senator now repre that several others were shown to have received money under very sus senting that State, to inquire and to demand to know who represents picious circumstances, yet there was nothing that showed that Mr. her in this body and whether his titJe as a representative of Ohio is a PAYNE was implicated, and there was nothing in that evidence which legal, a constitutional title; and for the purpose of aiding the Senate of showed that the result was thereby changed, and that Mr. LITTLE, the the United States that body has the .right to exercise an original nnd representative of this complaint, desired to be .heard, and that I wa.s auxiliary jurisdiction, to summon whom they please, to compel whom informed that the four gentlemen who were M:r. PAYNE's managers they please to answer, to explore every field of investigation in order kept out of the State and did not testify before the committee. that they should lay a basis and a foundation for the aetion of the Sen Certainly it is one thing to say tllat the sitting member is not im ateof the United States according to the nature of the transadion. That plicated, which everybody says now, and to say that that evidence did . was the doctrine which was very clearly sta.ted by the Judiciary Com not tend to show that the result was changed, and quite another thing mittee in the report made in 18.=>7. That committee was then com to say that the general belief in Ohio that there was a fraud, accom posed as follows: Messrs. Butler of South Carolina (chairman), Bayard panied by evidence that several members, though not enough to change of Delaware, Toombs of Georgia, Pugh of Ohio, Benjamin of Louisiana, the result, were bribed, did not warrant an investigation. Collamer of Vermont, and Trumbull of Illinois. I certainly think The Senator from Maine, of course, will speak for himself when he and I do not speak in any spirit of disparagement of any one-that a col comes to speak; but I .never said anywhere that I had formed an opin lection of stronger, abler constitutional lawyers could hardly be made ion that an investigation should not be had. On the contrary I accom from a selection in any period of the history of the United States. panied that report, as appears in the· printed copy in the RECORD, I wish to draw the distinction between this case and the case under although it is left out in what was sent out to the press, with the state consideration. 'I: hat was a case where there was a protest made by forty ment that there was an application for a further hearing on the sub four members of the Legislature; there had not been any investigation ject, and when I made the report to the committee I urged a fnrther made by the Legislature as has been made in this case, but that com hearing, and it was given to Mr. LITI'LE. · mittee reported, with a single member dissenting, as follows: · 1\Ir. DAWES. I should like to inquire either from the Senator from Under no state of facts could your committee· deem it consistent with pro Louisiana or my colleague as to this fact: I understood the Senator from priety, or with the dignity of this body, to send out a roving commission in Louisiana to say that the committee arrived at a unanimous conclusion. sE-arch of proofs of fraud in order to deprive one of its members of a seltt· to which be 1s, prima facie, entitled; stillle scan they recommend such a. course -:Mr. HOAR. There never W38 an expression of conclusion by any when the parties alleging the fraud a.nd corruption a.re themselves armed human being on the committee until after Mr. LITI'LE was heard except with ample powers fo r investigation. If it be, J. ndeed, true that members of in that printed report of mine. the house of representatives of Pennsylvania have been influenced by corrupt col')siderntions or unlawful o.pplia.nces, the means of investigation and redress 1ilr. DA. WES. I understood the Senator from Louisiana to say that are in the power of the very parties who seek the aid of the Senate of the United the committee arrived at a unanimous conclusiOn unless the Senator States. from Maine shonld correct him. Now, what I want to know was if The Senator from Massachusetts stated yesterday that he did not be the committee took any action as a committee on that subject? lieve that these gentlemen intended by "redress" that a legislative Mr. HOA.R. None whatever that I know of. body of a State could by their decision affect the title to a seat in this Mr. FRYE. I was waiting to see whether or not the Senator from body. Ofcoursenot; everybodynnderstands that; butwhatthesegen Massachusetts would answer the inquiry which was made by the Sen tlemen reported to the Senate was this, that there being no specific ator from Louisiana. and he having done so, I now call his attention to charges, there being no specific accusation as regards time, place, indi the fact that the two gentlemen froru the other House, Mr. LITII.E and viduals, and circumstance, the Senate of the United States would not l\1r." BUTTERWORTH, were requested to make their statements before be justified in even instituting or injtiating an investigation or an in the committee; and I being required to be present before another com quiry, and that it was perfectly competent lor the legislative body of mittee stated my conclusion to the committee; and that was that I was the State to prosecute that inquiry beca.use they had full and ample in favor of an investigation, and gave some reasons for it. That was power to exercise their jurisdiction over the question of the investiga. before any hearing had been completed, and therefore I did not agree to tion. the Senator's construction of the report of the Senator from Massachu If that proposition be correct, this house of representatives of .Ohio setts at all, and I am free to say now that I do not agree with there did have jurisdiction of this question. They certainly exercised that port of the Senator from Massachusetts, if there is anything in it which jurisdiction; they examined fifty-five witnesses; they spent two months· intimates directly or indirectly that there is not evidence · enough in aud a half conducting that investigation, and came to the conclusion 'the report sent to us from the State of Ohio, accompanied with the re that there was no evidence whatever to substantiate or to sustain the quest made, not only to justifY but to demand from the Senate of the charge of corrnption or bribery, and we came to the same conclusion United States an investigation. . upon examining that same evidence; and I must, speaking as an indi Mr. EUSTIS. I understand the Senator from Maine to state that he vidual, say that the fact that there had been au investigation by a leg dissented from the view presented by the Senator from Massachusetts, islative body, a full and complete investigation, that committee admit that the Senator from Massachusetts agreed there was nothing in that ting that they received hearsay testimony, that they accepted rumors, evidence .. surmises, conjectures, that they followed every trail, made every possi- Mr. FRYE. No. I say if the Senator from Massachusetts can be 1886. CONGRESSIONAL RECORD-SENATE. 7321 construed to have taken that view, then while be was taking it I was the chairman of the Committee-on Privileges and Elections concurred dissenting. with the views which are expressed by a majority of the committee. Mr. HOAR. I should like to ask the Senator from Maine if ever in Mr. HOAR. If my friend will pardon me once more, I will not inter his bearing he knew me express the opinion that there was not enough rupt him again, for I confess the interruptions are a great tax on his to warrant an investigation into the case at any time? patience as far as they have gone. Suppose ,l had reported this one Mr. FRYE. I must confess I never did. fact alone, that there was nothing in that testimony taken before the Mr. EUSTIS. The statement that I made was also made by the Sen committee of the Legislature of Ohio except that there was a universal ator from Colorado [Mr. TELLER] and also bytheSenatorfrom illinois popular belief that their Legislature bad been corrupted, and it had [Mr. LoGAN], and is based on the language contained in th~ report of stopped there, or bad gone on to say that universal belief does not the chairman of the Committee on Privileges and Elections to the com prove the fact. Suppose that bad been my report, would that give the mittee. Senator the right to say that I came to the conclusion that there ought Mr. HOAR. Will the Senator read that language from the report not to be an investigation? I think the question whether you shall itself? inYestigate is a very different thing from t.he question whether you shall Mr. EUSTIS. Yes, sir.: vacate a seat, and I think the statement of the Senator from Ohio (Mr. Report ma.de by Mr. HoAR, chairman of the committee, to the Committee on SHERMAN] alone, made just now, would be enough to require an in Privileg~s and Electio~s. ' vestigation by the Senate. The Senator from Louisiana may make an I have examined the evidence forwarded by the house of representatives of inference, but be bas no right to say that because from a certain condi Ohio. tion of facts at a certain preliminary stage in the case which be thinkS The investigation wa.s under a resolution directing an inquiry as to the charges that four members of the present Legislature, being also members of the last, does not warrant an investigation, I came to the conclusion that there were guilty of being induced by corrupt means t.o vote for Mr. PAYNE. ought not to be an investigation, because that is adding his logic to my These charges were not sustained, and the committee so report. facts. When be states my conclusion he must add my logic to my Mr. HOAR. .As to the four members. facts, and not his. · Mr. EUSTIS. Mr. SAULSBURY. I should like to inquh-e of the Senator from But the inquiry took a wider range. Massachusetts, with the permission of the 15enator from Louisiana, if he states the tact that that committee instructed the chairman to take Do you want the whole of it read? upon himself the duty of investigating the report and evidence sub HOAR. Certainly. Mr. mitted by the Ohio Legislature and to make his report to the full com-· Mr. EUSTIS. mittee. He did undertake that work; he did exa~ine it; he did report There was evidence tending to show- That Mr. PAYNE's name was not publicly suggested a.s a. candidate for Sennr to the committee just what bas been read, without any recommenda tor until after the State election; tion whatever for a further investigation of the subject. And I ask That it wa.s not very prominently suggested until shortly beforo his election the question now of the Senator if he did not understand· that to be in January; That many persons who had been supposed to favor Pendleton voted for the opinion of the committee, that no further investigation of the PAYNE; matter was to be bad, but that Mr. LITILE, a member of the House, That there was a. widespread belief that corrupt means were used to procure desired to be heard. . the result; . That one member.was offered a. arge sum of money for his vote by another Mr. HOA.R. I did -not understand it to be the opi.nion of the com member; ·mittee; on the contrary, I do not remember that any member of the · That there were hearsay statements charging corruption ns to several others; committee expressed an opjnion on tbatsu~jectexcepttheSenatorfrom . That two members of the Legislature received large sums of money about the time of the election, of which they, being called a.s witnesses, gave no satis Maine [Mr. FRYE], who expressed the opinion that he bas stated some- · factory account; time in the inquiry; w hetber it was before Mr. LITTLE began his address That the principal managers of Mr. PAY~'s canvass, namely, Paige, l'l!c or afterward I can notreeall. Bnt I supposed when I said "This thing Lean, Huntington, and Oliver H. Payne, did not testify before the committee, but there is not evidence tending to show the bribery of any member unless as shows so and so, here are people who want to be heard," that every above stated ; member of the committee would keep his judgment in suspense on the There is no evidence to connect Mr. PAYNE, the sitting member, with these question whether there should be an investigation, until that hearing transactions; , And none tending to show that the result wa.s changed or affected by such had been bad. means; ~Ir. SAULSBURY. .As a member of that committee I was not pres Informed that Mr. Little wishes to be heard; ent when the Senator from ~Iassacbusetts made his report to the com That these persons kept out of State and reach of process. mittee. When I came back I was informed that the whole matter had Mr. HOAR. Does the Senator :find there any statement that I saw been concluded, that the Senator from :Massachusetts. bad made an in nothing for investigation? vestigation and come to the same conclusion that the Ohio Legislature Mr. EUSTIS.· Yes, sir. did, that there was nothing in the testimony requiring investigation. Mr. HOAR. Where is it? That was my information, and I so believed at the time. Mr. EUSTIS. I mt>.an that is the inference. What von state is that Mr. HOAR. My learned friend should remember that nothing hap you agree on the report made by the investigating cOmmittee of the pened in that committee after the reading. by me of that written docu Legislature of Ohio that there was no evidence to sustain the charge of ment, the original of which I am fortunate enough to have preserved, corruption as made. and which I read to the Senate yesterday, and therefore the informant 1\Ir. HOAR. Does not my honorable friend see the difference be of the Senato1· from Delaware made the same mistake in his conclusion tween saying that I think there is no evidence there'which shows that that the Senator from Louisiana seems to me to make now. Nobody the result was changed, and reporting and saying that I do not think has a right to talce one man's facts and apply his logic to them and say there ought to be an investigation, when I report aHhe sa.me time that that his own conclusion from the facts is the other man's conclusion. there is a widespread belief in the State that the result was changed by I affirm here again that I never dreamed of such· a conclusion as the bribery, that that belief is supported by hearsay testimony in regard to Senator from Louisiana imputes to me. I made that report as to what several members, is supported by direct testimony as to one or two offer that original document meant. Whether that taken alone warranted ing bribes, and direct testimony as to two others who bad got money an investigation I expressed no opinion whatevel' upon, and waited for suddenly and unaccountably, and that re was a dt:lSire for a further the bearing of Mr. LITTLE. But whether that would or would not war bearing? The Senator may think on that statement that there should rant such investigation I did not say. not be an investigation. I never thought so. I merely was stating the When Mr. LITILE came he brought with him in his hand an offer of result of a part of this case. abundant additional proof. He brought with him the request tor an Mr. EUSTIS. I say, Mr. President, that the Senator from Massachu investigation of each bouse of that Legislature, which was not before setts did come to this conclusion, that so far as there was any director me or before you or the committee. He brought with him the opin legal evidence there was no testimony to sustain the charge made and ions of the Republican editors of the State, which was supp1emented as presented in the house of representatives of the General Assembly by the opinion of their convention and these extracts from their papers of Ohio. Am I correct in that~ and the opinion of the governor of th~ State. He brought with him Mr. HOAR. Certainly. · the direct application of the Republican St;lote central committee of Mr. EUSTIS. Now with reference to these other matters-- the State, and that opinion now supplemented by the statement of the Mr. HOAR. Those were charges against four members alone, so far lieutenant-governor of the State read by the Sen~J,tor from Jllinois, and as that question goes. the senior Benator of the State representing it on this floor in the Mr. EUSTIS. With reference to these other matters which appear ~ peech he bas made here. And the id6<'1o of undertaking to fasten a as suggestions, those are matters which are not based upon any estab charge of inconsistency upon me out of that report, when this case has lished facts. They are mere inferences; they are mere indefinite and been so increased, is not worthy of being considered. unsupported inferences. Is it to be established in this Senate that be That is my question. cause an individual does not happen to be a candidate for election on a Mr. EUSTIS. Is that the Senator's question? particular day, therefore that is to be held as a ground of investigation Mr. HOAR. That is my question. on the allegation of corruption? And all such propositions as those M:r. EUSTIS. Mr. President, I am a very young member of the are stated by the Senator from Massachusetts. But I say that so far Committee on Privileges and Elections, bnt this occurred to me: Know as the direct and legal and substantial evidence is concerned, evidence ing that this proceeding can not lie assimilated to any other proceeding that goes to the proving of a fact and to the ascertainment of the truth1 known to any condition o.( things whatever, it certainly is not the case 7322 CONGRESSIONAL RECORD-SENATE. JULY 22, su-pposed by the Senator from Massachusetts that you can go before a be taken upon the resolution now, for I am not in physical condition to police magistrate and provoke an inquiry, treating it as though it was make a speech, and I am aware that the Senate has listened to this dis a criminal process in the case of some colored gentleman who had vis- cussion as long perhaps as is profitable, and certainly as long as is pleasant ited uninvited and at a very unseasonable hour a hen-roost. We a-re on such an oppressive day as this. BeSide that, the Senator from asked to initiate a proceeding to impeach and to nullify the solemn Ohio [Mr. SHERl\IAN] made, much more ably than it was possible for judgment of a State. The State of0hi6has designared and appointed me to have done, the greater portion of the speech which I had in a certain individual, who is the sitting member, to represent that State mind. I hope I shall not detain the Senate long, bu~ urged by others in this body. He holds the mandate of that State, and we are asked to do so, I will submit a few words for their consideration; for I differed to revoke and cancel that mandate by a judgment which we shall from perhaps all the members of the committee and, as appeared a few renderundertheConstitutionoftheUni:tedStates, to nullify and to viti- moments :1go, very early in the investigation gave my opinion and left ate the most solemn act that can be performed by a State, one of the my vote with the committee, being called elsewhere. · highest acts of sovereignty; that is, that we, the Senate of the United I hold to the opinion that if a great State by its house of representa Stabes, shall sit in judgment upon the appointment made by the State tives, and by its senate deliberately and solemnly submits a resolution of :Ohio, rutd set aside, vacate, and nullify that judgment. Is that the calling upon the United States Senate to investigate the election of a case of going be1ore a police magistrate for a warrant of process? United Stares Senator, declaring that in their deliberate opinion cor- What is the answer that we have made-and, in my judgment, v.ery rupt means have been used to promote that election, it is not only the properly made-to the request which has been preferred? I care not right of the United Stares Senate to proreed with the investigation but wkether that request be preferred by an individual; I care not whether it is their duty to. I say if the United Stares Senate neglects to comply that request be preferred by a political opponent; I care not whether with such a request, that is the body which requires vindication. that request be preferred by a party friend; I care not whethm: that 1\Ir. President, this is not a question of vindicating the Senator from request be perlerred by the ~ General Assembly of a. State; I say it is }Jlinois nor the Senator from Colorado nor the Senator from New York. a proper: au orderly, and a constitutional response for us as United Mr. TELLER. We do not need any. States Senators to make to that request, that if you have charges to Mr. FRYE. .As the Senator says, they do not need any; they need make they shall be serious, specific, substantial, provable charges; and none here, they need none elsewhere; and yet in the discussions which that is the answer, as I u~derstand, which the Committee on Privileges have proceeded thus far, there has been great danger lest the Senators and Elections has made. lose sight of the real issue in this case in their wish to vindicate these We can not accept the belief of any one. When the house ofrepre- Republican Senators. The Senator from Ohio [Mr. P.A.-n.""E] is not on sentatives of the LegisL1oture of Ohio send a resolution here declaring t1ial, and yet there is great danger that this may be regarded the issue, that it is their belief that su.ch charges can be substantiated and they whether the Senator from Ohio is guilty of a crime or not. had examined themselves a part of them which they had already de- Yet there is no such question pending here, nor is there a question clared sustained a contrary belief and a contrary conviction on their as to whebher or not the seat he occupies shull be declared vacant. The part, I say under our responsibility we have a right and it is our duty onJy question before the United States Senate to· day is whether or not to tell the Legislature of the State of Ohio that we can not and we will it is our duty to investigate an election in the State of Ohio of a United not accept your belief and your suspicion, but the doorS of the Com- States Senator, which has been declared to have been procured corruptly, mittee on Privileges and Elections have been ·and are to-day, and will by the Legislature of that State, by eleven membel"S of the house of rep continue to be, wide open to any party who chooses to·come there and representatives familiar with the election in that State, by the Repub to show to that committee that serious and substantial charges can be lican central commitree, representing at least an equal number of the maint.ained by proper and by legal evidence. . people of that State, by one-half of the Democratic press and by all We can not accept the belief of Republican papers, not because they the Republican press of that State-whether it is the duty of the United are Republicans, not because they are editors, but because under our States SeD.at.e to so far give ew as to make inquiry whether there has responsibilities and under our oaths we can not accept the belief'of any been bribery or not, and to extend that inquiry to the question of whether one; and it is utterly futile, so far as I am concerned, to ask me to in- or not the Senator occupying the sea.t was himself a participant in it, sti.tute an inquiry, an investigation involving the constitutional integ- and whether or not if he was not a participant it so far affected there rity of !his body, involving the right of a State to her constitutional sult that the seat ought to be declared vacant. re-presentation in this body, involving the gravest question of sover- There is no resolution here declaring the seat vacant; there is no eignty that can be presented for our judgment and determination.:_! resolution of ~ul.Sion; yet, judging from the arguments which have say that it is useless to ask me to accept the belief of any one, while I been urged, it would seem that we are compelled to be bound and tied am rea.dy and willing to have an investigation when proper charges are and repressed by all of the rigorous rules of the criminal law, as we made, made responsibly, made seriously, and not for any mere partisan ought to be if either of those questions was pending before the United or political purpose. States Senate. Mr. SAULSBURY. .Asamemberofthe Committee on Privileges and , The question is only, is it the duty of the United States Senate to Elections I would, if it were an earlier stage of the session, like to ex- investigate this matter of bribery which a great people charges against press my opinions to the Senate; but in view of the fact that we are ap- the members of its own Legislature? From the :first reading of the cvi proaching the time when we must adjourn, and I am anxious to have dence submitted by that Legislature down to now I never-have.had the a ~ote on this proposition, notwithstanding the great desire I had felt slightest question of my duty. It has seemed as clear to me as the to take part in the discussion, I shall decline to occupy any part of the pathway to the stars, and it does now, notwithstanding the able argu time of the Senate. Injustice to the sitting member and in justice to ments to which I have listened. this case~ should like to express my opinions, but I decline to do so. There is another thing asserted here, namely, that there is no testi Ha-ving been a member of that committee fortwelveyearsi should have mony in the case su.bmitted by the Legislature of Ohio which ought felt it incumbent on me to participate in the debate under other circum- to induce an inquiry. I join issue. I am willing to agree with the stances; bu.t under the circumstances that surround us I deem it proper chairman and with the other members of the committee that there is not to take part in the debate. no testimony which proves that the Senator from Ohio has been guilty T.he PRESIDING OFFICER. The question is on the adoption of of bribery, or which even shadows the suspicion that heha.s been. I the report of the committee. admit there is not testimonyaough on which to declare that the Sen- 1\ir. HOAR. What is the question? a tor's seat is vacant; but I claim there is testimony, and .abundant tes- The PRESIDING OFFICER. On the adoption of the report of the timony, to put the United States Senate upon the inquiry, to make it committee. its sworn duty to institute it and proceed with it rigorously. Mr. INGALLS. Let the question be stated. Sir, the Unired States Senate is a powerful and a dignified body, un- M.r. HOAR. I supposed the question was on the resolution reported equaled by any other on the face of this earth; but it is not high enough ·by the minority as an amendment. I offer that as an amendment. nor great enough to refuse the demand of the people of the Republic. The PRESIDING OFFICER. Will the_.Benatorfrom :M::assachusetts The pre...~ within the last ten years has abounded in statements that state his amendment again? the United StGtes Senate is made up of men of great wealth, the children. Mr. HOAR. I suppose the question is on the resolution offered by of overgrown monopoly power. What for? What is the insinuation? the minority. I offer that as an amendment. What else other than that United States Senators with their wealth The PRESIDING OFFICER. The question is on agreeing to the have bought their Senatorships' and that their presence here is not the majority report, the only one before the Senate that the present occu- result of a freely formed and expressed judgment of the people, but of pant of the chair has heard. purchase. Mr. HOAR. I move, as a.n amendment to the motion to agree to the That is the insinuation. It has no convincing power with me, for I majority report, the adoption of the resolution offered by the minority. know these Senators aud appreciate their worth; but what are the pea- The PRESIDING OFFICER. The resolution will be read. ple thinking about it? I know, and so do they, that a man of great The Secretary read as foJlows: wealth, who loves money, easily grows into the idea that money is God, Resolved, That the Committee on Privileges and Elections., ot·any subc.ommit- omnipotent, omniscient, can do whatever it ple.:'ISes, and go whither tee thereof, be authorized to in\estigate the charges affecting the title t-o the soever it may. I know that he proceeds upon the hypothesis that it seat of Hon. HEl.\i''RY B. PA YI-.""E, and to send for persons and papers, administer h. thin h k h. his h ~ · h I 1m oaths, and employ a clerk and stenographer, and to sit during the recess of the can pure a e any g e see ·s or anyt mg eafli may WIS • OW Senate; and that the cxpen e oftheinve tigation be paid outofthecontingent that he names his price for every man, and declares that he ca.n find fund oftlle Senate. . the price that is fit. l\1r. FRYE. l\Ir. President, I was entirely willing that a vote should The United States Senate, when the question comes before it as this 1886. CONGR.ESSIONAL RECORD- SENATE. 7323 has been presented, whether or not the great Standard Oil Company, He sat there by the table, and he said there were canvas bags, and coin bags, and cases for greenbacks littered and scattered around the room and on the table the greatest monopoly to-day in the United States of America, a power and on the floor. whichmakesitselffelt in every inch of territory in this whole Republic, a power which controls business, railroads, men and things shall also The Senator from Illinois did not quote this correctly in hi& speech, control here; whether or not that great power has put its hand upon a when he undertook to raise a laugh in relation to it. He said there was legislative body and undertaken to control, has controlled and has a bag of greenbacks lying on the floor, the greenbacks sticking out of electedamemberofthe United States Senate, that Senate I saycannot it. The testimony is not that,- but that there was a bag ljing on the afford to sit silent and let not its voice be heard in an inquiry as to the floor; that he saw under it something green that looked like a revenue truth of the allegations. stamp; he pushed the bag away, picked up the supposed revenue-stamp Mr. President, I say there li! evidence here ample, abundant. Look and it was a ten or twenty dollar bill; that Mr. Paige came in ~nd he at it for a few moments. Here sitting, a year or two ago, was the Sena told him what he had, and Paige let him have the ten or twenty dollar tor from Ohio, Mr. Pendleton, a favorite in the United States Senate, bill. Yet I understood from the speech of the Senator from Illinois {he a favorite, too, in Ohio, a handsome man in personal appearance, a man did not mean it probably) that a whole bag of greenbacks was lying always full of courtesy, attractive in manners, with every element of there and Paige said, '' Oh, well, take the bag of greenbacks.'' popularity it is possible for the dear Lord to give one of us men. He Mr. LOGAN. I said no such thing. served his State well; he served his country faithfully. His first term Mr. FRYE. That is the w~y I understood it. . in the Senate was expiring. . There was the great State of Ohio with a 1\{r. LOGAN. You could not have so understood it. The REcoRD rule which had been almost an iron rule, declaring to a faithful Sen shows no such thing. I said he found it on the floor, and Paige told ator, " ·Our party being in power, you shall be returned a second time him to keep it, which he did. That is what he said. to the Senate.'' Mr. FRYE. That man told this to L. A. Russell, a leading Demo The canvass came on. in the State. 'l'wo men were recognized in it cratic lawyer in the State of Ohio, who can be had before any investi and two only, General· Durbin Ward, a brave soldier, a man actively gating committee of the 1J nitoo Senate, and will testify as to the truth engaged in political affairs; Mr. Pendleton, just leaving his first seat of it. · in the Senate with the rule that he should be returned if a faithful Mr. LOGAN: Will the Senator allow me to askwhy was he not called Senator, and one ofthemost popular men inhispartyin theState. No beforetha.tcommittee? IsaidyesterdaythatthisMr.Russellwhostated others. The canvass was fought through, day by day, week by week, this told the committee that if they would allow him to ask from this and the Senatorial question was the issue. . It finally closed,· and Mr. man his consent to give his name he would do it, and there the com Pendleton, according to the testimony here, for an offer to prove by a mittee ceased and asked him no further question. That is the fact, and counsel in the case in the mere matter of preliminary ~nquiry is as evi the evidence shows it. That is what I said, and that is the truth. dence itself, had a clear majority. The offer of proof is that Mr. Pen Mr. FRYE. I hoped that I would not be obliged to say anything dleton is ready to testify before the committee that when that canvass about the committee of the Ohio Legislature, but from the examination was over he had a clean, clear majority of all the Democrats elected to I have made'ofthis testimony, I amsatisfieditwonld beutterlyimpos that Legislature. · There·is also the testimony in this book of his pri sibletofinda moreincompetent one. I understand that the chairman vate secret~ry, his business agent, who says that heknowsl\{r. Pendle of the committee of investigation was a farmer and not a 1aWYer, prob ton so believed and that lie believed-it from personal interviews with ably a thoroughly honest man, but clearly he had :pot the first principles members-elect and letters from them, which he had received. of examining witnesses. Then, again, I can find twenty persons n~med Now comes the time for the election, and the Standard Oil Company inthattestimony, whowerestated to hav.e known important facts they by its president, I believe he is, or treasurer, Oliver H. Payne, by, could have made known :to the legislative committee, and they never another officer, Mr. Thompson, by another, 1\ir. Huntington, appears summoned one of them. They are not on trial here, however. on the scene, and takes charge and control of the political machinery Judge Little offers to prove that David R. Paige carried $65,000 to of the Democratic party of Ohio, and what is the result? Presto, Columbus on this occasion. I say that this offer to prove, by the counsel change! Pendleton, thepeerless, 15votes; HENRYB. PAYNE, 46; and in the case, a member of the other house, respected here ~nd at home, General Ward, 17. is, so far as this matter now before us is concerned, as if proof: Now, sir, how was that accomplished? Was it a miracle? The Sen ~Ir. LOGAN. Did not l\Ir~ Paige offer to go before the committee ator from lllinois suggests that the Republicans took a hand in it and and be sworn? helped nominate the Senator from Ohio, that they did it because that Jl,lr. FRYE. The Senator from illinois has stated it. I have never Senator was a. brave, fearless Union man, standing b~ the armies of the been able to find it. United States all through t.he terrible war. The Senator from: Illinois Mr. LOGAN. He says so himself. I had his statement here yes- forgets that a Jarge majority of the Democrats of the State of Ohio terday and read it. · worshiped Vallandigham, the spirit of rebellion in the Nor~h, and it Mr. FRYE. Does the Senator know why they did not take him? did not commend to the Democratic party of Ohio a man for election Mr. LOGAN. I do not. to a high office that he was a Union man in the rebellion. Mr. HOAR. Why did not he come hero ? Mr. Pendleton had behind him nearly all the recognized leaders of l\fr. LOGAN. Now that- the Democratic party in Ohio, headed by Allen G. Thurman. Colonel Mr. FRYE. No controversy in my speech, please, with another Sen Taylor, a leading Democrat and a man familiar with the political af ator. fairs of the State, traveling entirely over it during this canvass, James Mr. LOGAN. If the Senator will allow me, the Senator from Massa Boyle, another leader, doing the same thing, and Allen 0. Myers on chusetts has the habit of saying-things sometimes with meaning and pages 118, 119, 51, 53, ~md 267 of that book of evidence, declare that sometimes without. This is certainly a thing without meaning. '' Why Mr. PAYNE's name was not mentioned during this canvass~ and Myers, does he not come here?" Who has asked him to eome here? · an enemy to Pendleton, saysthatitwas concluded to adopt Mr. PAYNE's l\Ir. HOAR. Why did you not ask him to come? name to beat Pendleton with, after the· election was over. 1\Ir. LOGAN. The committee have made their Teport. The chair How after the election? Baldwin on page 219, Taylor on page 119, man of the committee asks me why I did not ask him to come. You Hall on page48, declare that when the election was over, Pendleton still were chairman; why did not you ask him to come? had a majority of the representatives and senators elect; that he counted -Mr. HOAR. That is just what we ask the Senate for authority to do. upon that ma.jority; and Hall says that he reported the majority froll). Mr. LOGAN. I w.ant these statements to be fuir and honest and day to day as Pendleton, until within two days of the caucus. just. This man offered to go before that committee in Ohio, and they l\fr. TELLER. Who was that? refu.Sed l;o examine him by saying that they would notify him if they Mr. FRYE. Hall, a gentleman to whom the Senator referred. wanted him. Now the Senator asks w by does he not come here? Tha~ The election occurred on the 15th day of January, 1884, and, as I is a nice answer for a 1awyer to make to a proposition of that kind. have said, a wonderful change had come over the spirit of the dream. Mr. HOAR. I think it is a better answer than yours. I say this testimony here satisfies methat when the Standard Oil Com 1\fr. LOGAN. It is a very good answer for the Senator from Massa pany appeared at Columbus money came with it; its recognized power chusetts to make, however. was mopey. It brought its recognized power and strength with it, and Mr. FRYE. Judge LITILE and General BUTTERWORTH offered to put it into the headquarters of the Democratic party. I call attention prove that Oliver H. Payne stated to as respectable a man as tb,ere is in to the testimony of Hall on page 49. That testimony has been read Ohio that it had cost him $100,000 to elect his father. Oliver H. Payne here in part. Hall says: was not before the committee, however. - I had n. conversation with Mt-. Mueller, ex-Lieutenant-Governor Mueller. Mr. LOGAN. He was ready to go. He said he "by accident went into Mr. Paige's room," ~ho was the Mr. FRYE. As I was informed, he was not at home to go, and they acting attorney and agent for the Standard Oil Company:. eould not reach him. These gentlemen offered, further, to prove that . He said it looked to him like a banking house. There was a large amount of 1\fr. Oliver H . Payne drew a check for a large amount of money, pay money in plain view. He said he found out that he was not wanted there and able to Thompson, one of the agents of the Standard Oil Company, and be went out.. one of the political agents at Columbus, and indorsed by him to Hnnt,.. That was immediately on the arrival of the company's agents. ingoon, another of the ~ents of the Standard Oil Company and polit Take page 213, L. A. Hussell. This has been alluded to also. He ical agent, cashed by him, and the money taken by him to Columbus. says: A man whom he knew told him that he was in Paige's room; 1\.fr. LOGAN. Mr. Thompson wrote a. letter to that committee, to that "Mr. Paige went out with one of the men then present;" that- 1\Ir. Cowgill, stating that he was ready to go before the committee and 7324 CONGRESSIONAL RECORD-SENATE. JULY 22, testify in reference to these_charges, and they declined to ask. him to Mr. LOGAN. I say this-- come. He was at Cleveland, where they could have got him during Mr. FRYE. I think this is going too far. the whole session . The PRESIDING OFFICER. Does the Senator from Maine decline .Mr. FRYE. That only proves the incompetency of the committee. to yield further to the Senator from Illinois? It does not affect the case here in the slightest degree; it does not affect Mr. FRYE. I am standing right in the way of the Senator from the duty an.!l responsibility of the United States Senate that that com New York [Mr. EVARTS], and I am ashamed of myself for doing it. mittee neglected ita duty and did not call these gentlemen. I have here Mr. LOGAN. I want to say this: This evidence does not prove that the affidavit of Mr. Criswell, which I ask the Secretary to read. Mr. McLean spent a dollar. If l\1r. McLean expended money Mr. The Secretary read as follows: McLean can say so. ·That committee declined to ask Mr. McLean to After the October election or 1885 Mr. McLean came into the Enquirer office, appear before them. I say that any collateral evidence with reference where I was at work, and complained in a rather bitter spirit against the Stand to what he may have said, or any remarks he may have made to some ard Oil Company not having reciprocated to him in a proper way,a.nd said that outsider is not such evidence as the committee or the Senate could be they had sent $250 into some county near Cleveland to bel p them elect the can didate for representative, or senator, I don't know which; and said that when guided by for the purpose of making this investigation when he himself Mr. PAYNE was a candidate for United States Senator he (Mr. John 1\'JcLean) offered to go before the committee of the Legislature and testily folly _hadspentSlOO,OOOofhis own money to effect l\1r.PAYNE's election. I remarked in reference to his conduct in connection with the matter. that that was a. good deal of money for a. priva.t~ citizen to spend for a big cor poration like the Standard Oil Company; and Mr. McLean said nevertheless Mr. FRYE. I say, on the contrary, it is the solemn duty of the he had spent that much money of his own to elect Mr. PAYNE, and had elected United States Senate to see to it that Oliver H. Payne, and Mr. McLean, him; and in return for that they had sent $250 into this county. · and Thompson, and Huntington, and Paige, and every other agent, if And prior to the election of Senator PAYNE, and prior to the caucus that nom inated him, Allen 0. Myers came into my o.ffice in the Enquirer office and said there are others, of the Standard Oil Company shall come before a com that Casper Loewenstein.!. a representative from Franklin County, had de mittee of the United States Senate and under oath tell whether or not manded $5,000 to vote for ::;enator PAYNE. Mr. Myers was apparently very in they pruchased the sea.t of a United States Senator. . dignant at that fact; that the price was exorbitant, and that he didn't want to pay it-didn't want to pay so much money. I got the impression that they were Mr. LOGAN. In response to that, if the Senator will allow me, I willing to pay a reasonable sum, but that $5.000 was too much; but he said that just want to make one remark, and then I will retire so that he can Casper Loewenstein had marked up the price, knowing they bad to have his have the rest of the evening to himself. Inasmuch as the Senate has vote. But he said before he would pay $5,000 for him be would have to see Mr. McLean; and he left the office, I suppose, with the intention of seeing Mr. Mc no jurisdiction over Mr. McLean, if Mr. McLean corrupted men it is Lean about it. the duty of the State of Ohio through their grand juries to indict him "When I suggested to Mr. McLean that it was a. big amount of money to pay and prosecute him, and we can not do it. When the Senator makes for another man he said that it cost a g-reat deal of money to get these represent atives and senators to vote for Mr. PAYNE and they had to be bought. It took. that statement and charge he goes outside of the legal proposition, be money and a. good deal of it t-o satisfy them. came it is the duty of Ohio to indict, prosecute, and convict Mr. Mc And he (l\Ir. McLean) has frequently told me that he would defeat Senator Lean if he is guilty of the charge, for we have no jurisdiction whatever Pendleton's election, no matter what it cost him. · He told me that on a number of occasions. over him. Q. You are willing to make oath to these matters before the committee? 1\fr. FRYE. Whether Ohio perfo1·ms her duty or not is no question · A. Ob, yes; entirely so. for tbe United States Senate. The United States Senate has no power Q. Do you object to putting that in the form of an affidavit? A. Not at all. under law to convict criminals for the benefit of the State of Ohio, but He (Mr. l\lcJ.. ean) appeared to be very much in earnest when he talked about it has power and a duty and a responsibility to bring these men be spending this $100,000. fore a committee here and let ·them tell whether they have disgraced In addition I wanted to say that W. P. Thompson, JVho is supposed to be an officer of the Standard Oil Company,had been in consultation with Mr. McLean this body in which we sit and imposed upon it a Senator by bribery. at the Enquirer office prior to the caucus which nominated Senator PAYNE. I That is a question in which every man and woman in the United States would like to be positive about one occasion. I remember very well about tbe of America has a direct interest. fa Considerable discussion has arisen about the testimony of Elmer Now, Iwishtoealltheattentionoftbe SenatetothecaseofMooneyand White. I am not going to read all that testimony. I have been over Roche, because that has been considerably debated. Vernon E. Hanna, it. I call the attention of anybody whq has the curiosity to read it to a man "sixty-six years old, soliciting for newspapers, for the Columbus the testimony of K. V. Haymaker, page 2'JO; Edward Squires, page 223; Record and Market Reporter, resides in the city of Columbus." He S. P. Moon, page 244; Lyman White, page 247; and Elmer White, page goes on to state that he was at a hotel at the time of this caucus, that 254. Notwithstanding the Senator from Colorado joins issue with me, he roomednearMooneyancl Roche; that they occupied the same room; I say that the testimony of these men satisfies me beyond any reason that he, at the request of the landlord, sat up on the night of the cau abledoobtthat Elmer White was bribed to vote for Mr. PAYNE. cus to let them in; that they came in about 4 o'clock in the morning; Mr. TELLER. That is a mere matter of judgment, then. that he heard them discussing and quarreling over the question of Mr. FRYE. Certainly. money, about $50 that one had received more than the other; that one Mr. TELLER. It did not satisfy me that way. had received $350 and the other one only $300; that he opened the door Mr. FRYE. The Senator differed from me, I know. I put my state at 4 o'clock and let them in. I am aware that the Senator from Colo· mentasagainsthis, and I have examined the testimony. Elmer White's rado says that Mr. Mooney went before the committee and testified father lived with him, before this election, in ' a rented house in Defi that there was no tmth in that. The Senator said he testified posi ance. After this election they lived no longer in a rented house. His tively he did not go to this house to board but he went somewhere father bought one, or somebody else did for him, and they lived to else. The witness says he thinks he did not go to this house until the gether in the new house. Elmer White put $1,800 cash into the new 18th. He says, "I believe I did not go to the house until the 18th. house, the title being in his father, paid off mortgages, and all that sort He is only certain about one thing, and that was that be said not a of thing. They were called before the committee and Elmer White-- word about money. . · ' Mr. TELLER. I beg to correct the Senator. I~ was not $1,800; it Mr. TELLER. No; he is certain that he was not there the night of was $1,600. It is not very important, but it shows that the Senator the caucus, and his room-mate, Mr. Harbaugh, swears that he was not has not read the testimony with th!tt critical ca,re that he would have there the night of the caucus. · the Senate believe. · . Mr. FRYE. Bnt this gentleman swears that Mooney and Roche Mr. FRYE. In stating the testimony in this way, if I get even were there together and slept in the same room and he let them in. within $200 of it, it is doing better than some Senators who have. pre Now, on page 184 comes the landlord of the hotel, James Finley Brown, ceded me. and he corroborates this man in his statement that Mooney and Roche Mr. TELLER. Besides I should like to call attention to the fact were living at his house at that time, and he says he remembers the that it appeared by other evidence than that of Lyman White or his night of the caucus that this man sat up to let them in; that the man son Elmer that Mr. White had been for more than a yE>.ar before that told him i~ the morning that he did let thein in, and that it was 4 talking ofbnying property in that town and looking for property. o'clock before he did it. · Mr. FRYE. Yes, and he did not have the money with which to I wish to call attention to the testimony of Donavin, who never w~s buy. alleged to be a drunkard until he made these charges. He was always Mr. TELLER. For a year before the election. regarded .as a highly respectable Democrat. lie was ~le~k of the Dem Mr. FRYE. He bought it just as soon as he got the money. He ocratic Legislature for a number of years and was editor of the Co did not wait long after the election. • lumbus Democratic paper, the only one I think there is there, and I do Now, Elmer White denies. Of course Elmer White. denies. A man not know bot what he is now. Donavin says: who wonld receive a bribe and not commit perjury if asked about it Senator EIHot informed me that in conversaUon with 1\Ir. Cable and another would be a fool. His father, on the contrary, stands up for his rights , senator that .Mr. Cable acknowledged that he had received 55,000 for his ,-ote. like a man, and to the qnestionsofthecommittee, he says, "I will not Again: · tel'l yeu where I got my money; it is none of your business." . Well, ,V, H. 111cLyman voted for you for $2,500 and future prospects. perhaps it was not, but under the circumstances it creates a reasonable suspicion·in my mind that he did not wish.to tell .. It seems to me an Mr. TELLER. That is Donavin ~ sstatement in the press. honest man would have been perfectly willing to tell where he got his Mr. LOGAN. That is not his sworn testimony. He did not give money. that in his testimony, for it is not his testimony. I am not proposing to in:flich upon yon all, this testimony, but I wish Mr. FRYE. It is testimony I am reading. especially to call your attention to that in relation to Dr. Fierce, be Mr. LOGAN. We will see. cause the Senator from Colorado [Mr. TELLER] discussed his case Mr. FRYE. We will see. Q. When was it and where that l\Il'. Elliott informed you of this confession of with, it s~ems to me, more ingenuity than correctness. . Mr, Cable? . Mr. Gunning, a prominent man, a friend of Pendleton, who had A. In the city ofWashington, some time in the month of December. I guess it assisted in the election of Fierce, hearing .that be was faltering by the was just before the holidays, or in the holidays. way, bad an interview with him, in which this occurred: How now? Before I could follow the note Dr. Fierce came in and sat down, and when Q. In what year? my client went away he turned to me and ma.de this statement. He says," Mr. A. The year just passed, 1885. . Gunning, I find that I am under the necessity of voting for 1\Ir. PAYNE. I find Q. You say here that" \V. H. McLyman v9led for you for $2,500 and future that the universal sentiment of our citizens in Vinton County-the Democratic prospects.'' • citizens-is for Mr. PAYNE. * * * The only thing that! regret is that I have A. I got that information from two parties; one party is Michael Harriman, not the means of paying back to Mr. Pendleton his $250 which I . got of him." ofToledo. . This was the first intimation which 1 had that he had received th.rough the agency of my letter to Mr. Pendleton any money. Of course my conversation Now, the committee never summoned :Michael Harriman; of Toledo, with him for a litUe while was somewhat powderish. before it, and he ne•er was there and testified. Q. We would like t-o have it, Mr. Gunning, if you please. The other gentleman's name I will give you and you can summon him as a A. Oh, Lord! witness. He t-old me he was purchased, and it could be proved that he was. Q. We would like to know what you said to him about the sentimen ts of his He did not name the amount though. · constituents. A. I can tell you that. I told him that he knew thnt he was telling an un * * * * ::: $ * mitigated-and I am sorry now; but I told him, "a God-damned lie." That is Yon say, then, colonel, that "0. B. Ramey voted for you for $3,000 in hand · what I told him. · paid." 'Vhat is your information.concerning that? Q. Didn't you challenge him to produce in Vinton County a man of any A . 1\Iy information in reg:.ud to that is the same as L'"l r egard to l\fr. :\!cLy- ]Jrominence that was in favor of Mr. PAYNE? There were several Vinton man. Q. It came through the same source? County men in the city at the time, weren't there; and didn't Y.OU challepge him to produce a Vinton County man that was for Mr. PAYNE? A. Yes, sir. told him he couldn't do it. dared him to point out a man who favored Q. You say" C. S. Welsh is placed at i2,000." What isyourauthority formak A. I I ing that statement, that he is placed ·at $2,000 ? :Mr. PAYNE. * * * Q. Did he name any Vinton County man, or any prominen t Democrat from A. My authority for making that statement (the words" is placed," I guess I Vinton County, that was fayorable to Mr.P.A.YNE ? put in there myself. It was $2,000, the information came to me) came from two A. No,sir. sources. One from Dan Grosvenor, and the sum wa.sJixed by W. A. T a ylor. Q~ He named none at all? A. No, sir; he didn't name any one. :My question was such that I would not Now, Dan Grosvenor was not before that committee. ]ike to have it down on paper. It was very violent language. * * * When Mr. TELLER. l\fr. Taylor was, and denied it. llecame to me in October he said thathewaspoor,andcouldn't raise any money. Mr. FRYE. Denied that he :fixed the sum? I believe he said he ha.d raised some &BOO or 3400, and spent it all. I have no per Mr. TELLER. Yes; and denied that he had any knowledge of the sonal knowledge. I \isite~ the town of Wilkesville (the home of Dr. Fierce) occasionally, having a married daughter there, and I am well acquainted with matter at all. t.he inhabitants of thevillage,andlknewof his property. Hewasapoorman Mr. FRYE. Dan Grosvenor was not there. quite a poor man. Q. (P. 32.) Well, I think it is competent for you to state, !\Ir. Gunning, what :Mr. TELLER. No; hewasnot. Idonotknowwherehewas. His t.hose conclusions were which you reached. brother was there and testified about Welsh. A. I will answer your question in this way: In my remarks to Dr. Fierce on Mr. FRYE. I ask the ~ecretar..Y to read the testimony of James Ule occasion of his telling me he would have to vote for Mr. PAYNE, among other t.hings I said to him that he was bought with 80 pieces of silver; that he was a Boyle, an honest man, a newspaper reporter, where I have marked it. corrupt scoundrel, and so on, for quantity ; and from circumstances which have Mr. TELLER. On what page? oome to my notice since, I am C the Nell House, I think, on the occasion of the meeling of the Republican State Q. Yes, w~ have understood, colonel, that you have repeatedly said so, in your central committ-ee to fix the place (or holding the last Repu blica.n State conven own office, m your own town, on the streets of Columbus, to newspaper men tion, that, I understood him to say, a partner of Mr. FoRU (Congressman FoRAN, and to other persons, and that you have frequently and repeatedly expressed of Cleveland), who was J think he said a Republica.n-'ihad told him a good story ~r!ro;>t¥;~~':-~~~ction, so I simply wanted you to reaffirm that conviction on Carron, I think that is his name, of Cleveland. then remembered that I had heard something about Carron, and asked him for particulars. I recollected • Q. (By Mr. LEBLOND.) Now, I would ask you if that opinion and conviction that Carron was here during the Senatorial fight, and was very active in behalf ~~~r!:S:fth~~ri~~n newspaper report and common conversations held at of Mr. PAYNE; and I was rather astonished at his taking such an interest, as he was a Republican. The story was this as told to me by Mr. Norton, and as cor A. No, sir. roborating what I had heard in a. kind of a1loating way. At the meeting of the Q. Isn't it based on common report? Payne managers attention was drawn to the vociferousness of one member of A. No, sir. the Legislature, who was working in behalf of Pendleton; and it was stated Q. Without any direct knowledge of the fact whateve1·, but it is simply based that he was such a sharp talker and worker that it was necessary to silence upon rumors? him; that Mr. Carron was selected as the man to perform this office; that he A. It is based not upon rumors nor upon newspaper statements or cluugcs. was given a thousand dollars to hand to this member. At a lat-er meeting of the It is based, upon my own judgment of the circumstances. PAYNE managers, complaint was made that this Pendletouian still raged, and it wasremarkedthatitwas curious that he remained a.Pendletonian inspiteofthe He was present all the time. fact that he had got a thousand dollars. A member of the cabal, if you may call Mr. TELLER. Had you not better l'ead a.nother.sentence? it so, or one ofthe gentlemen interested in Mr. PAYNE'S election, went down to Mr. FRYE. No; I do not care to do so. the lobby of the Neil House and secured this mossback and induced him to go down to the room of the Payne managers. He was there in the presence ofl\Ir. Mr. TELLER. Where he says ·he ha.CJ no knowledge of any bribery? Carron asked the straight question whether he had not received a thousand Mr. FRYE. . Very well. He says further: dollars. He declared he had not received a cent. Mr. Carron insist-ed ·that he had given him a thousand dollars to quit booming Pendleton. The two . A. Understand me, I have no knowledge of any specific acts or fact concern gentlemen quarreled and a scene occurred. To fix matters up, one of the lOg any member or senat-or. Payne managers there and then gave this gentleman a thousand dollars. And Q. (By Chai_rman CowGILL.) But the convictio~ remains with .you, you say, it ia still an open question (I am giving the story as told to me) whether ~~~~, ths.t Improper methods were employed m the Senatonal cont-est of ]}lr. Carron kept the thousand dollars and lied, or whether the Pendletonian 1 lied. Shortly after this conversation with Mr. Norton, which, to the best of A. Well, w~t I would can improper methods would be using money. my recollection, was on that occasion when I was up in Columbus as polit Q. Yes, that IS what we mean. ical correspondent and as having some interest in the matter to be decided A. I am opposed to all matters of that kind, and I introduced a bill, &c. by the committee, I met 1\Ir. Eck Heisley who saluted me, and, without any attempt on my part to draw him out, in most bitter and extravagant language, Is there anything more the Senator wants me to read? denounced the election of H. B. PAYNE as corrupt, and asked me whether I M:r. TELLER. No, that will do. recollected a fight or row he had in the lobby of the Neil House with Senator M:r. FRYE. 0. T. Gunning, a leading lawyer of Columbus, a Dem- Williams on that very question. I followed the conversation, and stat-ed that I had written a pretty rich thing within the last two weeks about a townsman of ocratic lawyer, testifies on page 35: . · his, a Republican, Senator Carron. He says: "Oh, yes; you mean that thou Q. You have no other way of accounting for these sudden conversions f1·om sand-dollar story." •• Well," he says," it is true." He took such an interest in the a~erents of Pendleton to the adherents of PAYNE except upon that pre the matter because it had never been published. I believe in my publication I sumptiOn? stated that this story had never been published, although I had this information A. I just have my belief about that .m.'\tter from the circumstances. While it and had had for o.longtime. but I had no recollection of seeing it in p1·int. Mr. is very probable in my mind that· money was used somewhere but I have never Heisley u.rged me to send him a paper containing the account of it. He said y-et believed or thought that at the time it was used, howev~r, it might have every word of it was true. He took position against Mr. Carron in the matter. come to PAYl<-:E's knowledge afterward, that he knew anything about it at tho time. Atthetime.itwasused I don't think that Mr. PAYNEtookanyJ>artin Mr. FRYE. I msh the Secretary to read further what ismarked at the matter, hut I thought it :Wl:\5 entirely from another source which, in looking the bottom of page 57, showing the method which these agencies of the o>er the whole field, everyone ought to see. That is simply ~belief thdt I have Standard Oil Companyadopted in order to detectwhetheror not a man had aU along; but whether he was not afterward aware of it, and is aware of it now, why, as a lawyer. I should say the circumstances are rather shaky upon who was purchased, paid the price by his vote. that point, but at the time I don't think he knew it. The Chief Clerk read as follows: u ~ ~~S::~~.;~~~~)~~;!.[~?of the opinion at the time that money was Q. To further the PAYNE movement? A. Yes, sir. The story in relation to which I had the memoranda was that A. Yes, sir; I am of that opinion. Senator Elliott, after being elected as a Ward man, had been ind.uced to promise Q. And were you at that time? to vote for 1\Ir. PAYNE, out that the parties handling the money would not pay A. I was. It was based on these >ery sudden conversions. The case that I him. They did not pay, so it said, a number of other gentlemen, until after have related to you is sufficient to fix in any lawyer's mind the opinion that the vote in caucus; that Senator Elliott was to stand outside of the Neil House there was something more than simply moral persuasion. a.ud a man was to come up to him and slip money into his hand if he voted for Q. It was a common report on the streets, in the hotel lobbies, and elsewhere PAYNE; thathestoodoutthere,but did not get anymoney. When he asked that money was being used to secure Senatorial votes? the parties about the money he was told that he did not vote for PAYNE but A. Yes, sir. There was a common rumor to that effect, but we paid but lilUe voted for Ward. There was a controversy over it in which Allen 0. Myers cut attention to that, because it could very easily be started by the opposite party; quite a. figure as to who Senator Elliott voted for. My information was that the there was no trouble about that; that might be started and permeate every circle means by which it was discovered that Senator Elliott did not vote for PAYNE and line of society. . were these: Certain members being doubtful, that is, they had been induced to Q. (By Mr. LEBLOND.) That is a very common occurrence in politics, isn't it? promise to vote for PAYNE, but they fearing [the PAYNE managersl that they A. Yes, sir; a ·very common occurrence in politics. would go back on them, ballots had been handed about prepared; tbat certain Q. (By Chairman CowGILL.) But as I understand you it was not rumot· that lines were drawn on these ballots. Then the end of the ballot prepared, con operated npon your mind? taining a portion of these lines, were saved and the name of the suspected mem A. No, sir; not at all. It was certain facts that came to my mind, and the over· ber to whom the ballot had been handed written on the torn off portion and whelming circumstance was that of the personal knowledge I had of Dr. Fierce's preserved. My information was that in the rough the ballot was in this form: action in the matter. LReferring to a diagram.] It was a fact, I believe, generaUy stated in the press Q. (By Mr.LE BLoND.) Then I understand you that the caseofDr.Fiercewns at the time, and I believe is a fact, that as soon as the ballots were cast they were the principal fact that entered into your mind in arriving .'lt a conclusion in the taken possession of by a member of the PAYNE adherents,. generally Atated to matter? have been Mr.l\1yers, and by him sent over to the Neil House, and then the A. That was the principal fact, but supplemented, as .'l ma.tter of course, by torn off edge was compared with the ballots. similar results. in other cases, in which I had no immediate connection. like cou >ersion of other men. Mr. TELLER. I think the Senator ought not to object if I should ask to read a word or two from Mr. Elliott'sstatement. If he will not There is the case of L. R. Bruner, which has been presented by the object I should like to do it. -It is the same Elliott of who.m he speaks. chairman of the committee, and by the Senator from Colorado; there The PRESIDING OFFICER. Does the Senator from Maine yield are the additional cases on page 3'7 of this report submitted by the Sen to the Senator from Colorado? ator from Massachusetts, three more cases given by the gentlemen from Mr. FRYE. Yes, sir. the House of Representatives, 1Yir. BUTTERWORTH and Mr. LITTLE, Mr. TELLER. The question is: making in aU, as asserted by the chairman of the committee [Mr. I believe you stated that you voted for Durbin Ward? HoAR], twenty-one cases of alleged bribery.· I wish also to call atten A. Yes,sir. tion to the case aboutwhich the Senator from lllinoismadea. good deal Q. Did you vote in the caucus openly or secretly? of nmusement for thega.Ueries-the case of "Blank," ''Blank," A. I held up my ballot that way rindicating] and says, "Here's a vote for Ward if he never gets another! " and I put it in the hat. "Blank." I am happy to inform the Senator from illinois that I am There is a witness who testifies that this man told him so, and makes prepared to supply the blanks, so that the amusement will be over. 1\Ir. LOGAN. Why was it not supplied to the committee? it as n. big thing that he had voted for Ward. ~1r. FRYE. I send to the desk to be read n. letter. Mr. FRYE. Here is a Democratic member from Hoc1...'ing County, The Chief Clerk read as follows: Col. Seth Weldy, I understand one of the leading men, who states he was there and a part of this concern; that he saw a great deal, and that CHAS. T. CLARJS Esq., he made up his mind that money wa.s used. The question was asked .Attorney, uolumbus, Ohio. DEAR .CAPTAJ:1!: As the Cowg~ committee is now inve tignting the Payne him. Senatorial election I thought I would suggest to you u a pointer." Q. "While it is not evidence in the strict sense, yet I am going to ask you this A few days after the caucus I had an interview with Hon. L. C. Cole, repre question: Without absolute knowledge of the fact, did you believe that money sentative from Stark, and who, by the way, is an excellent gentleman, barring was used to influence certain things of which we have been speaking, so as to his politics. . runount to a conviction in your mind that such was the case? Our representative, Dr. C. C. Stouffer, had been elected as o. Pendleton mnn, A. Well that would not be strictly testimony, as'I said he.te. I suppose that and he agreed with McSweeney, Zimmerman, and othel'S to support Pendleton. the comnnttee1 ought to confine its questions, and the answers of the witness, I A few days before the caucus it was whispered tha.t "Stouffer had been seen" suppose, ought to be confined, before a committee of this kind, to the rules and that he would vote for PA-n-"'E. A telegram was at once sent from here to which govern testimony in courts, probably. Stouffer by the leading Democrats warning him against such a com'SC, and Zim Q. We understand that, colonel. merman and others at once went to Columbus and saw Stouffer. He hooted at A. And my answer, whether in the negative or affirmati>e, would not assist the idea. that he would vote for PAYNE, and Zimmerman assured Pendleton that any in the investigation here. Stouffer would support him, and Zimmerman then came home feeling confidenb Q. In other words, you would rather not auswer that question? that Stouffer would not disappoint him. .A.. Well, I haven't much objection to answering it. I have repeatedly said All this I got from Zimmerman at the time. At the interviews between Stouf and I say now, that in my opinion there was money used. ' fer and John Zimmerman Mr. Cole was present as t~e friend of Pendleton, 1886. CONGRESSIONAL REOORD-SENA:TE. 7327 Now, Cole informed me that after this he kept an eye on Stouffer, and that Again, on January 18, 1884, this Democratic paper says: S. up to within an hour of the caucus said he would support Pendleton. As the hour of meeting approached Cole noticed that Stouffer was not present, The Cleveland Plaindealer says "Mr. PAYNE succeeded because he had fhe and he went to Stouffer's room at the hotel to bring him over. most votes." The crying shame is the m..'tnner in which the most votes were ob He there found him in company with one of the men who was handling the tained. '.rhat's what's the matter. Payne boodle, and was much embarrassed at Cole's appearance, but he weutto From the Banner, Mount Vernon, Knox County, a Democratic organ, the caucus with Cole, and on the way again asserted his allegiance to Pen dleton. If I remember correctly, Cole said that they had printed ballots for January 10, 1884: both candidates and that he (Cole) gave S. a Pendleton ticket, but when the It is painful and humilating to record the fact, but it is nevertheless true, that vote was taken Cole observed that S. wrote something on o. piece of legal cap a considerable number of members who went to Columbus professing to be the and then tore it off. He afterward discovered that S. put in the hat the same friends of either Pendleton or Ward, bv some mysterious influence or agency, piece ofpaper,nnd then 0. quietly went to Stouffer's desk andtoreoffa piece of were as suddenly converted to PAYNE :is Paul was converted to Christianity on the legal cap large enough to include the small piece torn off by S. I think C. his way to Damascus. was one of the tellers. At any rate he got the ballot which fitted the piece of legal cap and which S. had voted, and found that PAYNE's name was on the bal Not in the same way, though, I guess. lot. Had there been an open ballot, as was desired by the friends of Ward and Pen• The next week our Wayne County Democrat charged Stoutl'a with having dleton, there would no doubt have been a different result; but behind the secret betrayed his friends, &c. Last fall Stouffer announced his name as a candidate ballot the recreant members took refuge and betrayed their trust. For the man for renomination, but the leading Pendleton men of the party made a" Coal Oil" who voted for :Mr. PAYNE as a matte1· of duty and conviction, we have the high attack on him and he withdrew. est respect. But for the men who sold their votes for money we have no other Mr. Cole said to me that St-ouffer had been bought. feeling thn.nloathing and contempt. Whilst I don't care to be known in this matter, yet you m..'ty use this if it will For these men there will be a hereafter. An investigation will no doubt take aid the committee. I think John Zimmerman ought to be subpamaed. place, and startling revelations be made, &c. Very truly, JAMES B. TAYLOR. From the Cambridge J e:ffersonian, another Democratic paper in Mr. TELLER. IdonotthinkitisfairfortheSenatortoputin these Guernsey County, January 17, 1884: things that have not been before the committee, without at least allow Mr. PAYNE could not have been made Senator from Ohio with, as is the case, ing Mr. Cole to be h~ who was before the Ohio committee. Mr. nine-tenths of the Democratic voters of the State against his selection, except by the use of corrupting influence to an extent heretofore unknown in the pol"' Cole said before that committee: itics of the State, and which went to such dirty depths as to astound nnd hock I won't say, in my judgment, there were any improper iufiuences brought to the sentiment of justice which prevails among all ho.nest men. bear in the sense of corrupting members. I want to be distinctly understood now as disclaiming any reflection upon any member being improperly influ Again: enced. I say this, that I doubt whether or not the members were corrupted. in The Democracy of Ohio has until now been free from the domination of brib the sense of using money corruptly to induce them to vote for Mr. PAYNE, but ing cash; but when it fell a prey to the me1·cenaries, it fell to a depth which !say that sentiment was manufactured by the- bringing in of great delegations would degt-ade the worst Republican coterie of bl'ibe-givers and bribe-takers from every part of the State in the interest of Mr. PAYNE, and were kept here which ever invaded the capital of any State. This is written in souow. to work up sentiment for him. I think their expenses wet·e paid and they were brought here by the corporations of the State. Now, from the Greenville Democrat, in Darke County, :mother Demo This is the same witness of whom I spoke, who said he found it diffi cratic paper, January 16, 1884: The defeat of Pendleton ~· * * will be and remain a loathing stigma upon cult himself to keep from being a PAYNE man. the treacherous political career of the miserable mercenary purchased of the Mr. FRYE. I see he did. Mr. President, I have been over the tes so-called representatives of the true, just, and ever anti-monopoly Democracy timony which the Legislature sent to us and about which it has been of Ohio. There is no excuse, no explanation, or even palliation of the infamy which can be rendered an intelligent public. For base political outrage it is asserted over and over again here, that there was no testimony, that without a parallel in our history. the Senator from Massachusetts, the chairman of the committee, de clared there was no testimony. He made no such declaration; there Again, from the Butler County Democrat, of Hamilton, Butler County, has been no such declaration on the part of either of the members of January 17, ~884, a Democratic paper: · the minority; on the contrary, both have declared from the beginning It might be hard to prove that the Standard Oil Company wed money to elect H. B. PA~"E, but Democrats went out from Columbus t-o all parts of t.be State that there was testimony enough to justify an investigation. I have with the fum and honest conviction that it did. been over it, grouped it here so that it might be seen at a glance what there was before that legislative committee, which, while it perhaps From -the Delaware Herald, Delaware County, Janu!).ry 24, 1884, a would not properly convict those members, would clearly justify, and Democratic paper: No Democrat who has the future welfare of the pal'ty at heart and loves the not only justify but compel, an investigation on the part of the United institutions of his country but feels saddened and heartsick at the result of the States Senate into the seat occupied by the Senator fmm Ohio and into Democratic legislative caucus at Columbus Tuesday night of the 8th instant. the question of corruption. But the testimony in this case was not All the traditionary principles of the party were ignored and its future interests limited to that report. There were other cases presented in the report jeopardized by the men chosen byittorepresenta.nduphold its great principles in the legislative halls of the State. These mercenary wretches, who would, of the committee; there were seven more cases, which were read by the like Esau, sell their count11y for a mess of pottage, and, like Judas, betTay"their Senator from Ohio in his speech, presented, after this report was made, God for money, sacrificed the interests of the party they professed fealty to for a money consideration to a corrupt ring, and thereby prove recreant to the sa by the Representatives of the State of Ohio from the other House; and cred· trusts imposed in them and false to their duty and to the interests of their I will not occupy the attention of the Senate further with them. country. Now, Mr. President, there is another thing I will call the attention of The Van Wert Times, January, 1884, a Democratic paper, said: Senators I do not think public opinion is to be disregarded. I do to. And thus has the ma.chinery of an overshadowing, tyrannical, corrupt, and not believe that a Senate can disregard it, or any man despise it. I grasping corporation triumphed OTer the ingennous, honest counsels of the rank believe that public opinion, as a rule, is an opinion which is entitled and file of the Democracy of Ohio. The money gods '-' * * can now score the grea.test weight, and ordinarily-not always-is entirely justified another victory. We do not hold 1\Ir. PA~~'E responsible for the evil inflllences to which secured his election. · by the evidence on which it is founded. 11-Ir. President, the press largely represents public opinion, oftener represents it, than creates it. Again, from the Experiment, Norwalk, Huron County, January 19, I propose to read some of these extracts, which gentlemen do not like, 1884, a. Democratic paper: from Democratic newspapers. I am going to do it even at the risk-- It is Standard Oil that.made PA-n."E Senator, which, being fairly Q.nd liberally Mr. TELLER. I will not allow the Senator to say I do not like interpreted, means money. That tells the whole story. them. Everybody can see how unfair it is to read them and say that. From the Spirit of Democracy, Woodsfield, Monroe Couuty, January I am quite willing the Senator may proceed to read them. 15, 1884: Mr. FRYE. I said some "gentl-emen;" I did not say the Senator We were present at the Senatorial contest in Columbus last week. from Colorado. * ... * * * * * '.rbeStandard Oil combination made use of every known means to obtain votes Mr. TELLER. I will claim the right whenever the Senator does it for their candidate. They feared the people, and through a packed caucus com to call attention to the balance of the testimony. miLtee fixed the nominating caucus for Tuesday evening, the 8th instant. They Mr. LOGAN. What gentleman does the Senator from Uaine al- obtained more than enough to nominate on the first ballot. How they obtained them is no secret, and the methods and means employed are a disgrace and a , lude to? stigma upon the fail: fame of the Democracy of Ohio. :Mr. FRYE. That is not necessary for me to say. Mr. LOGAN. I want to know if you allude to me? .Again, from the Troy Democrat, Miami County, January 1884: · TheDemocraticpartywillgainnothinginthisevent. IntheelectionofPAYNE Mr. FRYE. No; because the Senator made a. speech-- they sacrifice much that Pendleton achieved for his part-y, by placing it upon a Mr. LOGAN. Ifyou did, I only say I have never objected to read platform of justice to every man; securing to every son of America equal rights ' ing any extracts from newspapers, Democratic or Re:9ublican. to hold an office, based on qnalitication. It is a war of monopoly against honest government-the Standard Oil Company, wo:rtb its untold millions, against tho Mr. FRYE. --during which he read a heap of them, which I would friend of the people. . not have read under any circumstances. :Mr. LOGAN. I read those on your side of the case-articles written So I might go on reading. I will read only one or two more. I now for the purpose of destroying as good Republicans as you are. read from the Catholic Universe, Cleveland, Cuyahoga. County, Janu Mr. FRYE. I will read from the Clinton County Democrat, Wilming ary 18, 1884: ton, Clinton County, January 19, 1884, Democratic paper: This Columbus debauch is no surprise to us. For years we have seen tbe evil a. trail of these monopolies and corporations in Cleveland, dictating our Demo The. no~ati~n o~ Mr. PAYNE of itself ~o~ld si~y no harm to the· party; cratic local politics while preparing to grasp the State organization, and in the bu~ hiS nommation 18 what every well-thmking mmd can not but admit-the end to clutch at the very throat of the Democratic party in its "national" con frwts of corrupt methods. * * * As a. Democrat we repudiate the corrupt vention. We have witnessed how the money powerwieldedlash and bribe till methods of, what is clear to every decent mind, a purchased nomination. an independent, manful Democratic politician or p"l'ominence in this city na rarer bird than a white crow, or a swallow in winter. Democratic authority. So we are not surprised that Senator Williamst...of this cHy, who, when nomi Investigation and purification is what is now wanted. nated, was a declared free-trader. and friend of lJurbin Ward-so it has been 7328 CONGRESSIONAL REOORD-SENATE. JULY 22, _publicly stated-was converted as suddenly as Saul of Tarsus, and donned the I believe in the history of the United States there never has been bnt l::itandard Oil collar as gracefully as Mayor Farley has ever worn it. one case before where a charge a1fec~ing the personal character of a Sen I next read from the Cincinnati News-Journal, Hamilton County, ator or his right to his seat has been made that he ha.s not himselt Ohio, January 9, 1884, as follows: promptly demanded that the charge should be investigated, and that Bad men, corrupt m~n. men who, by means of money or ability to use the bum the truth should be lqlown; and yet here, with Ossa piled on Pelion, in mer element for theirownends,haveacquired briefstanding, place, nnd power;. men who, stripped of money, would be the tag end of the lowest element in vestigation upon investigation, denunciation upon denunciation, reso. society, have made it neces aryto expose their foul doings. In a. few days they lntion upon resQlution, t~e Senator from Ohio has not demanded an in wi.U be complaining bitterly of exposure, and denouncing those who have ex vestigation, but, on the contrary, his party friends in this.Honse have posed their rascality for disgracing the Democratic party. The public fort.u nately no longer doubts. insisted that no investigation shall be had. Again I quote from the same paper: I say, sir, with pain in my heart, that there is nothing in this whole transaction that has touched in the remotest degree my respect for and The work is done, and the sale is complete. Bosses and monopolies and rings for the control of political patronage have won a complete victory in a Legis my confidence in the Senator from Ohio except this silence under these lature elected by the people struggling against bosses, monopolies, and spoils charges. How any Senator, taking a seat in this Chamber, could calmly rings. They have not yet gained a -victory over the unpurchasa.ble Democratic consent people of Ohio. Money bas been shamefully used to buy a seat in the Senate to occupy that seat an hour without demanding indignantly an by men professing to be of the party which opposes the use of money in pol investigation is certainly beyond my comprehension; and I say that there itics. is no Senator within my knowledge, on that side or on this side, who un From the Columbus Times, Franklin County, January 19, 1884, I der the same circumstances could hold his seat in ::Hence and retail_l my read: · unshaken confidence. Thirty pieces of silver bought Judsl.'il lscariot, the arch-traitor. But it cost the Mr. President, if I had not felt exceedingly cramped for time, know Standard Oil-McLean faction a much larger bundle to subvert the will of the ing that I was keeping from the floor the distinguished Senator from. people. New York [Mr. EvARTS], and that the hour was getting late, I should Report·of the caucus which elected Hmmv B. PAYNE United States Senator, apd sold out the Democracy to the money power. have presented this case in better form. It was not my intention to I read now from the Bohemian, Columbus, January, 1884: speak, bnt a Senator and some gentlemen from the other Honse de sired me to go over this evidence and I have done so, not from a wish The Democrats of Oh10 have howled against monopoly for the last twenty years, and when the opportunity came for them to give monopoly a stinging to participate in this debate, for to me there is nothing of pleasure in blow and at the same time reward one of their true and tried leaders they sell it. I voted for an investigation, and to me nothing on earth could be themselves out for a few shining dollars and crown monopoly king. Fie, on more painful as a legislative duty than an investigation into matter such men 1 When such noble and able leaderR as Thurman, Ward, Converse, a Geddes, and Morgan are cast aside for the sake of pelf and personal interest it of this kind. Bnt, sir, duties must be performed however disagree is high time for the honest voter to act for himself and see that such men as are able their performance may be. Public life is not one of pleasure. . willing to sell themselves for a dollar or so are let severely alone. There was a Neither I nor any Senator could be induced to vote for this investi time when a poor man stood some show in .Pemocratic politics, but that time has passed. Democracy has joined bands with monopoly, and hereafter no poor gation by any motive whatsoever other than f1·om astern sense of duty Democrat need apply !or favors. . and the safety of the Republic. Surely no committee of this body would The Clermont Sun, a Democratic paper, of Batavia, Clermont County, be eager to enter upon such an inquiry, affecting s0 seriously an hon in January, 1884, said: ored Senator and a respected friend. But, sir, in my opinion the United States Senate will be derelict in . If Mr. Pendleton is defeated it will be by some bargain and sale, or low trick ery, through a secret ballot that conceals and covers up legislators who have duty, will fall infinitely below its proper place in the Republic, ifnn sold themselyes,like Judas, to betray Ohio's honored Senator. · der these statements it fails to make inquiry further into this alleged The Senator from Ohio [?l{r. SHERMAN] read the letter of Allen G. corruption. Thurman. I call his attention to what Judge Thurman said in the The result of that inquiry, I sincerely hope, will relieve the Senat~r Columbus Times January 9, 1884, the day after the caucus. · Judge [Mr. PAYNE], restore the confidence of the people of Ohio, and com- , Thurman was there during this controversy, and knew all about it. mend the Senate anew to the Republic. Bnt if, on the contrary, it He is not a man to jump at conclusions, nor is he a man carried away shall satisfy the Senate that COlTnption has entered its Chamber; that by prejudice or enthusiasm. He says: money has purchased a seat there, and then it shall declare that dis graced and degraded seat vacant, it will have served magnificently The Democratic clock is put back four years, and corruption isgiYen a new leasehold in our land: Syndicates purchase the people's agents, and honest men well our beloved country. stand aghast. Sir, if popular government is still an experiment and shall become a Judge Thurman ought to have an opportunity to come before a Sen failure, that(ailurewill be the legitimateresultofnnfaithful citJzenship. atorial committee and give the facts on which he based that plain, clear If this Republic shall be wrecked on the shoals, the rock on which it statement of his judgment. breaks shall be named " corruption of the ballot." The ballot-box is Again, Judge McKemy, a judge of the court of common pleas of the fountain-head of a government of the people; ·whosoever defiles that, Butler County, who is a good Democrat, says: destroys the whole. . 'Vby, it was no caucus-t'was only a sale with but one bidder. The Senate can engage in no holier, no more responsible duty than to devote itself to a work which, however painful and· disagreeable, Judge Coryell, a leading Democrat of Adams, says: may result in a warning, a terrible warning, which shallsonnd from the Such infamous corruptio~ I nenr saw in forty years of public life. East. to the We.st, from the North to the South, declaring, with noun He ought to go before a Senatorial committee and tell them what he certain voice, that the corruption by money power of the citizen at the saw to justify that statement about his party friends. Again, E. K. polls or of the legislator in a State, must stop at once and forever. Heisley, a leading Democrat of Cleveland, thinks "such a nomination, Ur. EDMUNDS. I move that the Senate do now adjourn. procured by such methods, a stench in the nostrils of honest men.'' }Ir. ALLISON. I hope the Senato1· from Vermont will not move an Colone11tlosher, of Morrow, a leading Democrat, wants it understood adjournment until we conclude this case. r ·nnderstand the Senator that the bosses may purchase a Senatorship, bnt the people will never frow New York [Mr. EVARTS] desires to speak and that he has the ratify the sale. · closing argument. I could read a great many more extracts from Democratic papers, and Ur. HALE. If we do not sit to-night we shall.rnn on for a week. they are healthy extraets to read. They give me a new respect for the Mr. EDMUNDS. I withdraw the motion temporarily. Democratic party of Ohio. Mr. HOAR. Mr. President, the burden of the speeches which have Mr. President, there is the evidence; there is the public opinion of been addressed to the Senate on the other side has been very largely an the State of Ohio, as expressed in the Democratic newspapers of the attack upon me, a misconception or misunderstanding of my original State, a majority of them; there is the expression of all the Repub position before the committee, and a misconception or misunderstand lican newspapers in the State read here by the Senator from Ohio; ing of the arguments which I had the honor to address to the Senate. there ~e the resolutions of the Republican editors of Ohio, read also :Mr. COCKRELL. We can not hear a word. in this presence; there is the declaration of the senate and house of The PRESIDING OFFICER. Senators will please be in order. representatives of Ohio, the declaration of the Republican central com Mr. HOAR. I had expected to reply, to occupy half an hour or mittee, the declaration of a convention, and yet Senators say there is three-quarters of an hour in that, which I think no Senator would nothing presented here which justifies the United States Senate in deny was fair and proper, considering the large number of speeches making an inquiry as to whether or not these things are so. I admit, that have been made on the other side; bnt I' am so anxious to pro sir, thatiftheSenatorfrom Ohio [ltlr. PAYNE] was on trial, they would mote the convenience of the Senate, so near the close of the session, and not justify his conviction, because there is nota thing there that touches in this heated term, that I will refrain from that privilege unless the s~ of his garments. I yield to no man in my respect for the something should come up hereafter which will require it. Senator from Ohio. I served with him in the Honse of Representatives. Mr. PUGH. As far as I am concerned I am very anxious that the I believe him to be a man. of the strictest integrity, and the only thing vote should be taken on. this matter to-night, but it is with the Senate. that ha..q ever shaken my confidence in him, is that; under this perfect If it is .their pleasure to have it go over until to-morrow with the cer storm of testimony, of assertion, of resolutions of Legislature and con tainty that this ~e will be considel'ed to-morrow and closed, I have vention and committ~es, of denunciations of D~mocratic newspapero, no objection, but I insist, so far as I am concerned, upon the conclu he could content himself to sit here in the United State9 Senate with sion of the case without adjournment. Gut promptly demanding an investigation wJllch should show to the Mr. ALLISON. If we can have an understanding to-night that at world that his skirts were clean from all this foul stu1f. 1 o'clock to-morrow a ·vote shall be taken npon this question, it will 1886. CONGRESS! ON AL -RECORD-HOUSE. 7329 suit me. We can begin at 11 to-morrow, and thatwillgive two hours. suggests that if it goes over until to-morrow, then what he said to me If we can have a vote to-morrow at 1 o'clock, I shall not ask that the that he would not speak before me ought not to bind him in regard to sundry civil bill be taken up before that time. the disposition to speak before me to-morrow if he so desires. Mr. HOAR. What about the Calendar? Mr. HOAR. I desire to save the time of the Senate- to-morrow. Mr. ALLISON. I do not know whatwesballdoabout the Calendar. Mr. EVARTS. Then when I am understood to )lave closed the de I desire that this matter shall be commenced in the morning immedi bate for the majority report every Senator has a right to speak, and the ately after the ordinary morning business, and that we take the vote Senator from Massachusetts has intimated very properly that he would at 1 o'clock. like to reserve the right to reply if he thinks it is required. Under Mr. PUGH. With the understanding that we commence the con- these circumstances, Mr. President, it will be quite safe to take the vote sideration of this case at 11, I will agree to that. · at two hours after we start, with the understanding that the two hours The PRESIDING OFFICER. There is no arrangement about the are not out until I have got. through. [Laughter.] · Calendar for to-morrow. .. Mr. ALLISON. That brings it to half past 1 o'clock. Now I ask Mr. TELLER. It does not seem to me that we ought to limit the again unanimous consent that the vote be taken to-morrow on this ques time for taking the vote. The Senator from New York [Mr. EvARTS] tion at 2·o'clock. expects to be beard. I think the proper way would be to take the vote The PRESIDING OFFICER. Is there objection? at the conclusion of his speech, and not limit him to any particular Mr. HOAR. I object. time. :M:r. ALLISON. Then, ?tir. President, I give notice that to-morroW' Mr. ALLISON. I have consulted the Senator from New York, and morning after the morning business is concluded I will test the sense I made the suggestion with a view of giving the Senator from New of the Senate as to whether the appropriation bills are to be passed or York time to conclude his remarks. I understand from him that the not. time I have indicated will be ample. :M:r. EDMUNDS. Regular order. - The PRESIDING OFFICER. Is there objection to the arrangement Mr. ALLISON:. The Senator from llassachusetts withdraws his ob· proposed by the Senator from Iowa? jection. Mr. HOAR. I do not think I wisn to absolutely cut off the right Mr. EDMUNDS. I think there was objection on the other side. to say anything. ["No."] Mr. ALLSION. Well, I will say half past 1. Mr. HOAR. I understand the Senator from New York has said MI·. HOAR. I do not expect to speak at all. (which I bad not heard when !objected) that he expects to get through Mr. CALL. I desire to say before any agreement is come to on this at 1 o'clock to-morrow. If that is true, my belief is that we can take matter that I wish to occupy about ten minutes of the time of the Sen the vote at once; and I will certainly make no objection to a proposi~ ate before I give my vote on this subject. I think we can very well em tion to take the vote at half past 1. ploy the time to-night, by returning here after a recess, in hearing the Mr. EVARTS. Provided we start at some time or other. speech of the Senator from New York and any other that maybemade Mr. ALLISON. I ask the Chair to put the question on 2 o'clock. and may dispose of this question to-night. The PRESIDING OFFICER. The Chair will put the question again. The PRESIDING OFFICER. Will the Senate agree to the prop Is there objection to fixing the time for taking the vote on this ques.. osition of the Senator from Iowa that a vote be taken on this question tion at 2 o'clock to-morrow. The Chair hears none, and it·is so or~ to-morrow at 1· o'clock? dered. Mr. EDMUNDS. 'The Senator from Massachusetts objected to that, Mr. CALL. I object. .if I oorrectly understood him. Mr. EDMUNDS. I move that the Senate do now adjourn• Mr. ALLISON. I think the Senator from :Massachusetts will with The PRESIDING OFFICER. The Senator from Vermont moves draw his objection. that the Senate adjourn. Several SENATORS. Half past 1. The motion was agreed to; and (at 6 o'clock and 5 minutes p.m.) Mr. HOAR. My objection does not relate to the time at all. What the Senate adjourned until to-morrow, Friday, July 2;1, 1886, at 11 I have to say is this: I have not the slightest expectation of addressing o'clock a. m. · the Senate again on this subject, though I had prepared some notes which would involve half or three-quarters of an hour. I think it is due to the convenience of the Senate that I should HOUSE OF REPRESENTATIVES. forego that privilege under the circumstances. I do not suppose there is the slightest probability that I shall desire to speak, but I do not THURSDAY, July 22, 1886. propose, considering the course this debate has taken, to put myself in a position where if any statement is made hereafter in regard to my The House met at 11 o'clock a.m. Prayer by Rev. Dr. BULLOCK. position like that made by the Senator from Louisiana or the Senator The Journal of the proceedings of yesterday was read and approved. from illinois or anybody else, my mouth is to be shut, that I am to HARBOR OF NEW YORK. agree that I shall have no ri,ght to speak on this question after a par Mr. BURLEIGH, by unanimous consent, obtained leave to have ticular moment, or after the Senator from New York has got through. printed in the RECORD the following resolution of the Chamber of Com• At the same time I sa.y in all good faith that I have not the slightest merce of New York and memorial of merchants of New York city in expectation that any such thing will happen, but I do not think I regard to New York Harbor; which was referred to the Committee on ought to be cut off. Commerce: Mr. EDMUNDS. Mr. President, !propose this: TbataftertheSen CHAMBER OF COMM1mCE OF THE STATE OF NEW YORK• . ator from New York shall have concluded his remarks the Senator from At a. joint session of the executive committee and the committee on the bar.. to bor of the chamber of commerce, held Thursday, June 10,1886, the following Massachusetts shall be entitled, if he desires it, three-quarters of an resolution was unanimously adopted: hour to reply-he holds the affirmative of this proposition, and accord Resolved, That these committees learn with pleasure and gratitude that through ing to the ordinary rules of fair play he is entitled to a repJvr-and the efforts of Senator WARNER MILLER an appropriation of $1,000 000 has been that then the vote be taken. placed in the river and harbor bill for the improvement of New York Harbor. And we respectfully request that such amount be placed subject to the discre Mr. BUTLER. I objecttothat. tion and judgment of the Secretary of War, but not be entirely confined to any Mr. HOAR. I am bound to say in all good faith, though I agree one locality or plan of improvement• with the Senator from Vermont as to my right, that the question came .Attest: CORNELIDS N. BLISS, Ohairman Executive Gornmi Uee. up between me and the SenatorfromNewYorkinprivate, and I agreed .A. FOSTER HIGGINS, with him that I should submit to the Senator from Alabama whether Chairman Ctnmnittee on the Ha1·bor. I was entitled to reply or not, and the Senator from Alabama decided NEW YoRK, June 11,1886. that I was not, and I am bound therefore not to put it on that ground. To the honorable the Commerce Com.mitlee oj tile United States Senate: By and with the consent of General Newton and the Board of Engineers, hav•' Mr. EDMUNDS. I understand objection ismadetomyproposition. ing put into the river and harbor bill an admendm.ent appropriating Sl,OOO,OOO!or The PRESIDING OFFICER. Objection has been made to the propo commencing the permanent work of deepening the water over Sandy Hook sition of the Senator from Vermont. Bar to 30 feet at low tide, the undersigned, merchants of New York, hereby ex press their approval of the same, and respectfully request the Senators and Rep Mr. EVARTS. I regret personally to come so much into the arrange resentatives from this State to do all in their power to secure the passage of ment. I was expecting to close the argument on the part of the ma this amendment by the Senate, and also the concurrence of the House therein. jority report, as the Senator from Alabama [Mr. PUGH] did not desire The undersigned believe tfiis to be of paramount importance, not only to the commerce of this city but to that of the entire country. to make a second speech in the case and I desired to make but one Dated New York, June 14,1886. speech in this case. I do not understand that I am departing at all H. H. Ware, Cotton Exchange; Lehman Brothers, 4.0 Exchange Place; T. from the general course of debate here, that the majority report which F. Russell, 80 Cotton Exchange; Charles Messick, 90 Cotton Exchange; opens a case has the right to close it. Everybody has a right to reply Louis G. Schiffer, 12 Old Slip; E. R. Robertaop._~ 26 Cotton Exchange; Thomas M. Robinson & Co., 135 Pearl street; H.M. Le Count, Cotton Ex... afterward. Every Senator has aright to speak as much as he pleases; change; Liegf Gruner & Co., 60 Broad street; Mohr Hammond, Cotton and just now it was a matter of private discussion between the Sen Exchange Building·hC. Otho C. Miller, IS Beaver street; Jno. F. Blair,.· ator from Massachusetts and myself, and whether he accepted that view 1 William st,reet; T omson & Foote, 72 Cotton Exchange; Harry Harts & Co., 8 So. William street; W. W. Hill, jr., New York Cotton Exchange; or not it was so adjusted. Later he has informed me that as it was get .A.. N. Setter, New York Cotton Exchange ; E. H. Skinker, New York Cot ting late he thought he would not speak at all before me. Now he ton Exchange;~ 1\I. Crans, New York Cotton Exchange; Woodward XVIT-459