1-894. OONGBESSIONAL. RECORD-SENl\.TE. 1923
and telephone service-to the Committee on In.terstate and For Also, two petitions n favor of fraternal society and college eign Commerce. journals-to the Committee on the Post-Office and Post-Roads. By Mr. HOPKINS of Illinois: Pe.tition of citizens of Illinois Also, petition of H. L. Wolf and 144·others in the interest of for the removal of the duty on -books printed in the English lap. fraternal soCiety and college journals-to the Committee on the guage-to the Committee on Ways and Means. Post-Office and Post-Roads.. Also, three petitions of the citizens of Illinois to admit fra By Mr. UPDEGRAFF: Petition of Cottonwood Camp, No. ternal society and college journals to the mails as second-class 238, of Modern Woodsmen of America, of Lime Spring, Iowa, mail matter-to the Committee on the Post-Office and Post for a law giving to the fraternal beneficiary press the same pos Roads. tage classification as that enjoyed by other newspapers and By Mr. HUDSON: Petition from citizens of Osage Mission, periodicals-to the Committee on the Post-Office and Post-Roads. K ans., asking for the admission to the mails as second-class mat Also, petition of C. N. Flagler and 80 others, of Lime Spring, ter papers of benevolent and literary organizations-to the Com Iowa, for :11anderson-Hainer bill, to admit as second~class mail mittee on the Post-Office and Post-Roads. matter the periodical publications of benevolent and frateTnal . Also, petitions from citizens of Howard, Kans., in favor of the societies-to the Committee on the Post-Office and Post-roads• Manderson-Hainer bill-to the Committee on the Post-Office ByMr. WELLS: Resolutionsfrom CouncilofRoyalArcanum., and Post-Roads. of Fond du Lac, Wis., asking the passage of the Manderson By Mr. IKIRT: Petition ot Carpenters and Joiners' Broth Hamer bill, 4897-to the Committee on the Post-Office and Post erhood of Canton, Ohio, asking the enactment of the law of Roads. (loruicile, and the restriction of immigration::...... to the Committee Also, petition of Emile Leitgin and 28 others, asking the pas on Immigration and -Naturalization. S!l.ge of House bill4897-to the Committee 0n the Post-Office aald By Mr. REILLY: Resolution of Philadelphia Typographical Post-Roads. Union in favor of House bill 4418-to the Committee on Inter By Mr. WHI.TING: Petition of GeorR"e 0. Hough and 28 other state and Foreign Commerce. citizens of Lapeer County, Mich., in the interest of the fraternal By Mr. RITCHIE: Petition of L. Franc & Co., and other mer society and college journals-to the Committee on the Post-Office chants of Toledo, Ohio, protesting against extension of bonded and Post-RoiDis. _ period on distilled spirits-to the Committee on Ways and Means. ByMr. WRIGHTofPennsylvania: Memori!Jl ofPhiladelphia. Also, petition of A. Wehrle & Son, arrd 15(} other citizens of -Typographical Union, infavor of Government ownership of tele Ohio, protesting against clause 242 of Wilson bill-to the Com graph lines-to the Committee on Interstate and Foreign Com mittee on Ways and Means. merce. Also, petition of Toledo(Ohio) Council, No. 21, Royal Arcanum, in :the interest of frateTnal society and college journaJs-to the Committee on the Post-office and Post-Roads. SENATE. By Mr. LINTON: Petition in the interest of. the fraternal so ciety and.college journals-to the Committee on the Post-Office TUESDAY, February 6, 1894. and Post-Roads. · By Mr. LOCKWOOD: Petition oi Gen. Stanley GarriSon, No. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. . 36, of Buffalo, N. Y L,.in favor af the passage of the act to amend The.Journal oi yeste.rday 's proceedings was read and approved. tne ,act of February 14, l885, placing enlisted men upon there MESSAGE FROM• THE ROUSE. tired list-to the Committee on Military Affairs.. .Also, petition of R. F. Boshu and 100 others of Buffalo, jn the A message from the House -of Representatives, b-y Mr. T. 0 • interest of fraternal society and eollege journals. relating to TOWLES, its Chief Clerk, announced that the House had passed postage-to the Committee on the Post-Office and Post-Roads. the bill (S. 758) extending the time allowed the Umatilla Irriga tion Company for the construction of its ditch across the Uma Also, petition of citizens o1 Buffalo, N~ Y., in favor of the Man derson-Hainer bill, relating to postage of fraternal society and tilla. Indian Reservation, in the State of Oregon. college journals-to the Committee on the Post-Office and Post PROCEEDINGS OF THE PAN-AMEIDO.AN MEDICAL CONGRESS. Roa.ds. By Mr. LUCAS: Petition to Congress in the interest of fra The VICE-PRESIDENT laid before the Senate a ~ommunica ternal aoclety and college jou1·nals-to the Committee on the tion from the Secretary of State, transmitting, in response to a Post-Office and Post-Roads. reaolution of the .4th ultimo, manuscript eopi-es of the proceed H. ings of the Pan-American Medical Congress held in Washing By Mr. McCLEARY of Minnesota: Petition of A. Nichols ton Cityin September, 1893, under authority of law; which was and otber citizens, of Tracey, Minn., favoring the Manderson ordered to be printed, and, with the accompanying document, RaiDer bill-to the Committee on the Post-Offi.ce-andPost-Roada. referred to the Committee on Printing. By Mr. MEIKLEJOHN: Exhibits to remove the charge of desertion from the record of George K.Bullock-totheCommit PETITIONS AND MEMORIALS. tee on Military Affairs. Mr. TURPIE presented a patition of Maumee Lodge, No. 50, By Mr. MILLIKEN: Remonstrances of . John G. Rowe and Ancient Order of United Workmen, of Fort Wayne, Ind., in the others, of Augusta, Me.,of JamesL. Treadwell, of Jere H. Jordan, interest of fraternal society and college journals, praying for the and of Daniel McPhee and others, against the passage of the passage of the Manderson-Hainer bill, proposing to amend the Wilson bill-to the Committee on Ways and Means. postal laws; which was referred tothe"Committeeon Post-Offices Also, remonstrance of L. Palmer and G. B. Foster and others, and Pos.t-Roads., of Ellswort h , Me., against the passage of the Wilson tariff bill-to He also presented the petition of Oliver N. Fratageot, of the Committee on Ways and Means. Mount Vernon, Ind., praying that in adjusting an income tax to By Mr. PAYNE : Petition of ti4.residents of the Twenty-eighth aid tariff reduction a special provision be made requiring rail New York district, for passage of proposed Manderson-Hainer roads, express companies, and telegraph companies to pay a bill-to Committee on the Post-Offi.ce and Post-Roads. percentage of their gross receipts; which was referred to the Also, peti tion of 82 residents of Cayuga County, N.Y., for the Committee on Finanee. establishment of a Government telegraph and telephone sys He also presented a memorial of the United States Brewers' tem-to the Committee on the Post-Office and Post-R.oads. Association, remonstrating against the proposed increase in the By Mr. ROBINSON of Pennsylvania; Resolutions passed by internal-revenue tax on fermented liquors; which was referred the caucus meeting of R epublicans of Lower Chester Town to the Committee on Finance. - ship, Delaware County, Pa., protesting against the passage of He ruso presented a memorial of the Custom Foremen Tailors' the Wilson bill-to the Committee on Ways and Means. Association, of Indianapolis, Ind., remonstrating against the Also, petition of citizens of Pennsylvania, praying fOr the passage of schedule 690 of the Wilson tariff bill, which proposes passage of the Manderson-Hainer bill, H. R. 4897-to the Com to allow the admission free of duty of $500worth of foreign-made mittee on the Post-Office and P ost-Roads. garments in the possession of an American citizen returning Also, preamble and resolutions of the State Horticultural So from a foreign country; which was referred to the Committee on ciety of Pennsylvania, praying for the continuance of the ap Finance. propr iations for an experimental station-to the Committee on He also presented the memorial of W. R. Btokes, of Lebanon, Agriculture. Ind., remonstrating against the proposed reduction of the duty B;V M-r. BRAW: PetitiOn of William.Bonell and 34 others, res on lead ore, and praying for th-e adoption of a tariff measure idents of Eau Claire, Wis., in favor of the paas~ge of House bill which will place one ,uniform ad valorem duty upon all imports; 4 91-to the Committee on the Post-Office and Post-Roads. which was referred to the Committee on Finanee. · By Mr. SIMPSON-: Petition of G. W. Riley and1()5. others .of Mr. QUAY presented petitions of R. M. Ermentrout and 38 Statford 'County, Kans., against the issuing oi United States G-ther citizens of Reading; of lodge N6. 239, Aneient Order or bonds-to the Committee on Ways and Means. United Workme11 of Kennard; of Mount Penn Council No. 495, 1924 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
Royal Arcanum, of Reading; of T. B. Curtis and 27 other citi ent duty on potatoes; which was referred to the Committee on Fi zens of Kennard: of B. F. Stedeford and 33 other citizens of nance. Wilmerding· of ~1. B. Kifer and 24 other citizens of Adams Mr. SHERMAN presented memorials of business men and burg; of the Protected Home Circle, No.121, of Mahonington;of woolgrowers of Middle Point, Grover Hill, Follmer, Hedges, A. Gamble and 61 othc;;r citizens of Karns City; of Council No. Muskingum County, Bell Center, Round Head, Big Springs, and 1436, Royal Arcanum, of Wilmerding; of Penn Conclave, No. 59, New Richland, ali in the State of Ohio; and, also, of sundry Improv-ed Order of Heptasophs, of Chester; of S. P. Pollock and business men and .woolgrowers of Golconda Carson City, Elko, 108 other citizens of Butler; of Peter M. Shaffer and 30 other Reno, Battle Mountain, Lovelock, Paradise Valley, Wadsworth, citizens of Mahonington; of Lodge No. 94, Ancient Order of and Winnemucca, all in the State of Nevada, remonstrating United Workmen, of Butler; of George S. Washburn and 27 against placing wool on the free list; which were referred to the other citizens of McKean; of James S. Bayley and 85 other citi Committee on Finance. zen& of York; of Quaker City Lodge No. 116, Ancient Order of He also presented the memorial of Hon. J. Warren Keifer, United Workmen, of Philadelphia; of J. J. Lutz and 130 other ex-Speaker of the House of Representatives, and citizens of citizens of Sharpsburg; of Harvey Eilis and 44 other citizens of ~g~n and Hardin Counties, Ohio, remonstrating against a re Philadelphia; of Asa H. Sturtevant and 31 other citizens of ductwn of the duty on wool and woolen goods; which was re· Springboro; of Dr. J. P. Kirk and 50 other citizens of Pu ferred to the Committee on Finance. laski; of W. E. Andrews and 94 other citizens of Pennsylvania, He also presented a memorial of sundry citizens of Liberty, and of Columbia Lodge No. 261,Ancient 0rderof United Wo:::k Ohio, ramonstrating against the passage of the Wilson tari.ff men, of Philadelphia, all in the State of Pennsylvania, in the bill; which was referred to the Committee on Finance. interest of fraternal college and society journals, prayinl! for He also presented a petition of Lessing Union, No. 744, of the passage of the Manderson-Hainer bill, proposing to amend Cleveland, Ohio, in the interest of fraternal college and society the postal laws; which were referred to the Committee on Post- journals, and praying for the p:1Bsage of the Manderson-Hainer Offices and Post-Roads. · bill, proposing to amend the postal laws; which was referred to He also presented memorials of George Taylor and 5 other the Committee on Post-Offices and Post-Roads. citizens of Baham; of the Mechanics' Social Club of Media, aml Mr. WILSON presented a petition of College Springs Pres of John E. Collins and 130 other flint-glass workers of Philadel bytery of the United Presbyterian Chnrch, of Clearfield, Iowa, phia, all in the State of Pennsylvania, remonstrating against the praying for the repeal of the so-called McCreary Chinese law; passage of the Wilson tariff bill; which were referred to the Com which was referred to the Committee on Foreign Relations. mittee on Finance. He also presented petitions of 28 citizens of Des Moines; of 80 He also presented a petition of the County Medic:U Society of citizens of Washington, and of 92 citizens of Des Moines, all in Philadelphia, Pa., praying for the establishment of a bureau of the State of Iowa, praying for the passage of the Manderson public health within the Treasury Department of the United Hamer bill, proposing to amend the postal laws; which were re States; which was refer_red to the Committee on Epidemic Dis ferred to the Committee on Post-Offices and Post-Roads. eases. Mr. PETTIGREW presented a petition of sundry citizens of He also presented a petition of Typographical Union, No.2, South Dakota, praying for the passage of the Manderson-Hainer of Philadelphia, Pa., praying fo:r the government'l.l control of bill, p1·oposing to amend the postal laws; which was referred to the telegraph service; which was referred to the Committee on the Committee on Post-Offices and Post-Roads. Post-Offices and Post-Roads. Mr. IDGGINS presented petitions of sundry citizens of Dela He also presented a petition of the State Horticultural .Asso ware, in the interest of fraternal college and society journals, ciation of Pennsylvania, praying for a continuance of the ap praying for the passage of the Manderson-Hainer bill, proposing propriations for agricultural experiment stations; which was to amend the postal laws; which were referred to the Commit- referred to the Committee on Appropriations. tee on Post-Offices and Post-Roads. · Mr. PASCO presented the petition of Mrs. R. E. Alexander, Mr. HOAR presented a petition of Typographical Union No. of Fernandina, Fla., praying for the construction of a ship canal 316, of North Adams, Mass., praying for the governmental con from the Gulf of Mexico to the Atlantic Ocean by way of the trol of the telegraph service; which was referred to the Com Suwanee and St. Marys Rivers through portions of the States mittee on Post-Offices and Post-Roads. of Florida and Georgia; which was referred to the Committee Mr. COCKRELL presented a memorial of Local Assembly on Commerce. No. 10051, of Macedonia, Mo., remonst-rating against the issu M~ LODGE presented petitions of B. F. Clayton, president, ance of bonds by the Government; which was referred to the and 12 other members of the faculty of Simpson College, Indian Committee on Finance. ola, Iowa; of David S. Jordan, president, ~nd 7 other members He also presented a memorial of Dan Talmage's Sons, dealers of the faculty of the Leland Stanford, jr., University, of Cali in rice, of New York City, N. Y., remonstrating against the fornia, and J.D. Moffat, president, and 11 other members of the proposed reduction of the duty on uncleaned rice; which was faculty of Washington and Jefferson College, Washington, Pa., referred to the Committee on Finance. praying for the removal of all duties upon scientific and philo He also presented a petition of cigar manufacturers of Mexico, sophical apparatus, whose chief use is for instruction or re Mo.: praying for the imposition of a uniform duty of 35 -per cent search; which were referred to the Committee on ],inance. . on unstemmed leaf tobacco; which was referred to the Commit Mr. PEFFER presented petitions of William Strycker, of tee on Finance. Great Bend, and of sundry citizens of Quenemo, Grantville, Mon He also presented petitions of Corliss Association of Station mouth, Hope, Sabetha, Liberty, and Olathe, all in the State of ary Engineers, and of Typographical Union No.8, of St. Louis, Kansas, in the interest of fraternal college and society journals, Mo., praying for the governmental control of the telegraph serv praying for the passage of ~he Manderson-Hainer bill, propos ic·3; which were referred to the Committee on Post-Offices and ing to amend the postal laws; which were referred to the Com Post-Roads. mittee on Post-Ofiices and Post-Roads. He also presented a petition of College Springs Presbytery of Mr. HAWLEY presented the memorial of J. B. Bliven and the United Presbyterian Church of Clearfield, Iowa, praying for 42 other citizens of Connecticut, residents of the Third Con the repeal of the so-called McCreary Chinese law; which was re gressional district, remonstrating against the passag-e of the ferred to the Committee on Foreign Relations. Wilson tariff bill, becau-se of its injurious effects, and more es He also presented a petition of the Inde-pendent Order of Good pecially as it affects the farmers of New England; which was re Templars of Missouri, praying for the establishment of a national ferred to the Committee on Finance. commission of inquiry to investigate the alcoholic liquor traffic; Mr. PLATT presented a petition of Cigar-makers' Union, No. which was referred to the Committee on Education and Ls.bor. 39, of New Haven, Conn., praying for Government control of Mr. WOLCOTT presented a memorial of sundry wool-raisers .... the telegraph sarvice; which was referred to the Committee on of Rio Arriba County, N.Mex., remonstrating against placing Post-Offices and Post-Roads. wool on the free list; which was referred to the Committee on Mr. HILL presented petitions of sundry citizens of Sinclair Finance. ville, N. Y., and of sundry citizens of the State of New York, in PAPER ON HAWAIIAN HISTORY. the interest of fraternal society and college journals, praying for the passage of the Manderson-Hainer bill, proposing to amend Mr. KYLE. I have here a paper entitled" Memoranda and the postal laws; which were referred to the Committee on Post Reminiscences of Incidents in Hawaiian History, by S. N. Cas Offices and Post-Roads. tle," one of the oldest and most distinguished citizens of the He also presented a petition of Pomona Grange, of Montgomery islands. I should like to have it printed as a miscellaneous docu County, N. Y., praying for tbe passage of the so-called Hill ment for the benefit of the Committes on Foreign Relations. oleomargarine bill; which was referred to the Committee on The VICE-PRESIDENT. Is there objection to the request of Interstate Commerce. the Senator from South Dakota? The Chair hears none, and the He also presented the pet.ition of Y.G.Caseandotherfarmers paper will be printed and referrad to the Committee on Foreign of SuffOlk County, N.Y., praying for the retention of the pres- Relations. 1894. CONGRESSIONAL ·RECORD-SENATE. 1925
BILLS INTRODUCED. of the pending bill have done so from a feeling of prejudice and influenced by some motive other than that of the public good. Mr. PASCO introduced a bill (S.1565) for the relief of Alison I have waited patiently for some reason to be given why the J. Tinsley; which was read twice by its title, and referred to the Federal election laws should be repealed. I have waited to hear Committee on Claims. it said on this floor that the laws have been oppressive, that Mr. ALLEN (by request) introduced ·a bill (S. 1566) autho~iz they have deprived some American citizen of the right to freely ing and directing· the issue of an increased volume of constitu cast his vote and to have it honestly counied. I have been waiting tional legal-tender money by repealing all laws that have been to hear that they are un-American, that they are calculated to enacted relating to the coinage or use of silver since J a nu :.~. ry 1, subvert the rights of the American citizen, but to this time only 1873, and to reenact all laws relating to silver and in force pre two reasons h:we been given which have impressed themselves vious to that date by authorizing and directing the issue of largely upon my mind. One of those reasons was given by the United States legal-tendernotes, and to prohi~ itthefur the r is~ue distinauished Senator from Illinois [Mr. PAL1fER], that the laws of United States interest-bearing bonds; whwh was read twice had n~t been enforced, and the other one is that they were passed bv its title, and referred to the Committee on Finance. by the Republican party for the purpose of perpetuating itself in VMr. QUAY introduced a bill {S. 1567 ) authorizing the pur office. Surely the latter proposition falls without an answer, for chase of additional lots of ground adjoining or adjacent t-o the once, twice, aye, three times since the passage of these laws has post-office building in the city of Philadelphia, P a .; which w~s the Congress of the United States changed its whole political read twice bv its title. and referred to the Committee on Public complexion. To-day two branches of the Government, the leg Buildings and Grounds. isla,tive and the executive, are in the hands of the party that did Mr. HUNTON (by request) introduced a bill (S.1568) to pro not have the credit,-ayeJ that did not have the honor of passing vide for the payment of the outstanding claim of the heirs of these laws. Richard B. Mason, deceased, late of Virginia, against the United It seems to me that it is the duty of the legislator to throw States; which was rgad twice by its title, and referred to the around the ballot box every protection. What is the ballot box? Committee on Claims. 1t is the sacred urn of the people's liberties; it is tha arbiter of Mr. WOLCOTT in1;roduced a bill (S. 1569) to provide that an our political differences. We submit all questions to it, and neither of the United St~tes district land offices at Hugo or every loyal1 true American citizen will abide by the decision. Lamar in the St3te of Colorado, shall be abolished or consoli It seems to me we should get upon a higher plane in consider· dated, ~nd for other purposes; which was read twice by its title, ing this question than one of partisanship. Every good citizen and referred to the Committee on Public Lan·ds. wants a good Government. He wants wise and humane laws, Mr. GALLINGER introduced a bill (S.1570) for the relief of and he wantstohave thpse laws honestly and faithfully executed. Barker, Williams, and others; which was read twice byitstitle, If the ballot box is polluted, where are the pe:)ple's liberties? .Is and referred to the Committee on Claims. rrotthe ballot box the source of all ourrights? Is itnotasacred Mr. WOLCOTT introduced a bill (S. 1571) for the relief of spot if there is one on this earth? · Thomas Williams, an employe of the Senate folding room, for I read with admiration some years ago that way up in the Re injuries received while in the discharge of his duties in the year _ public of Switzerland, in one of the hamlets or burghs of the 1892; which was read twice by its titleJ and referred to the Com grand Alps,when the peasant goes to cast his vote he humbly mittee-on Claims. invokes the blessing of the Deity to give him counsel, to give him Mr. MARTIN introdu.ced .a bill (S.1572) to extend thetimefor wisdom, that he may discharge the great duty of citizenship building a street rail way on the military reservation, Fort Riley, of that Republic. I re1d some time since that when the French Kans.; which wa.s read twice by its title, and referred to the Com electors go to cast their vote in the Republic of France, they mittee on Military Affairs. remove their hats from their heads and go to the ballot box, AMENDMENT TO. REVENUE BILL.· as they should go, with a reflective responsibility of the great Mr. PETTIGREvV submitted an amendment intended to be duty devolving upon them as French citizens. It see~s to me _ proposed by him to the bill (H. R . 486!) to requce taxation, to that we, as Americans, may learn a lesson from the little Re provide revenue for the Government, and 'for other purposes; public of Switzerland and from the Republic of France, to throw which was referred to the Committee on Finance, and ordered around our ballot box everything calcuhted to protect and to to be printed. pt·eserve the liberties of our people. CONGRESSIONAL RECORD AT SOLDIERS' HOMES. What are the election laws? Are they partisan measures?· No. Were they given to us by a decreE:' of some power we could Mr. MARTIN submitted the following resolution, which was not resist? No; they came by the voluntary acto~ the people's · read: representatives assembled in Congress twenty-two years ago; Resolved, That the Public Printer be, and he is hereby, directed to mail daily three copies ot the CoNGRESSIONAL RECORD to the library of the Na and since that time, ;:ts I have stated, it has not been charged tional N".Lilitary Home, Leavenworth County, Kans., also three copies to the successfully on this floor that a single American citizen has been State Soldiers' Home at Fort Dodge, Ford County, Kans. deprived of any right by reason of those laws. The supervisors Mr. MARTIN. I move that the resolution be referred to the appointed to supervise the e~ections of our Congressmen are Committee on Printing. I hope that the committee will find it nonpartisan. They are selected by a judge of the United States con.venient to favorably report the resolution, or a like resolu court, who is appointed to his position for life, who holds ~t dur tion, at an early dry. ing good beha.vior or until the sands of his glass of life shall have The motion was agreed to. run out. The ~upervisors must be of different political parties, and they are selected from the two different parties. Is it not OF REPEAL ELECTION LAWS. eminently proper that we should supervise the election ~f those The VICE-PRESIDENT. The Chair lays before the Senate we are to send here for the purpose of making the law:rof this the unfinished business. great nation? Is it not proper that we should select, by the act The Senate, as in Committee of the Whole, resumed the con of a; Federal judge, those who, uninfluenced by political-motive~ sideration of the bill (H. R. 2331) to repeal all statutes relating but by reason of their-work, by reason of their .fidelity to the to supervisors of elections and special deputy marshals 1 and for trust confided in them, shall supervise the election of the Repre other purposes. sentatives who shall come here? The VICE-PRESIDENT. The pending question is on the It is no argument to say that some have been recreant; that amendment proposed by the Senator from New Hampshire [Mr. some have proven false to the trust confided· to them. The ar CHANDLER], on which the Senator from Connecticut [Mr. HAW gument remains and is unanswerable, that by those laws we LEY] is entitled to the floor. placed around this sacred urn o! the people's· liberty one more [Mr. HAWLEY withholds his remarks for revision. See Ap- · safeguard, one more barrier to prevent the people's rights from pendix.] . · being tampered with. It -was said, I think, by Buckle in his History of Civilization in England, that there is no instance on Mr. FRYE and Mr. PERKINS addressed the Chair. record when a class possessing unlimited powers has not abused The VICE-PRESIDENT. The Senator from Maine. those powers. That which is true of classes is true of men. Hu· Mr. FRYE. If the Senator from California desires to go on man nature is the same all over the world, and there ·are some now, I will yield to him with pleasure. bad men in every precinct, in every town, and in every city in Mr. PERKINS. Mr. President, I desire to say only a few every land. But there are more good men than there· are bad wo-rds in explanation of the vote which I shP~ll cast upon the men. pending measure and to give the reasons which influence me in Mr. President, you and others perhaps do not require a penal voting against the repeal of the so-called Federal election laws. statute of officers of the law or jails to make you and them· ob I am persuaded to do this for the reason that it seems to have serve the law. But who can say that those instrumentalities been regarded on this floor as a partisan measure rather than as are not subservient to good order, to good law, to good society? a great, broad, political one of public policy, and because it Would you abolish the police force of this or any other city be seems to me that those who have spoken in favor of the passage cause some policeman has -proven untrue to hi.s trust? W~o '" 1926 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
would abolish the courts oi this land because there has been one Mr. President, another reason why the election law should be venal judge in ten thousand? No, we will correct the wrong if repealed is because it has failed. It is a failure as a measure of one exists, and then we will right it bytryipg to do right. But political aggrandizement, and it is a failure as a stroke of states if we remove this barrier I believe it takes away another re manship. When the election law was originally passed the Re straining influence that surrounds the ballot box. publican party was in power, and that power was almost com In my own State, which I have the honor to represent in part plete and unbroken through all the Southern States. It has on this .fi.oor, we have a system known as the Australian ballot utterly failed wherever it was employed as an instrument to ' system. It is expensive, but our people believe in it, because it keep that party in power, not that it may not here and there throws around the ballot box greater security to the people. So have secured some one Representative or another, but as a meaR we have adopted it, and our people believe in it. There are ure to secure results, whether they were the partisan results of booths into which a man may take his ticket. It gives him an -political ambiton or the broader results of statesmanship that opportunity to think for himself and to select those he wishes to were contemplated, this law is a failure and the.country so under make his laws and those he wishes to execute those laws. It is stands and interprets it educating in its effect and so far as our experience has demon In fact, this law was designed, or rather in its natn.re seemed
strated it is a wise, humane1 and good law. Although it resulted to contemplate temporary purposes. It was one of the measures in the last election in electing a majority of the party to which that came along as the aftermath of civil war, and it must have I do not bebng, yet I bow in submission to the will of the people been assumed by the statesmen of the country who looked be and find consol~tion in the fact that it resulted in sending to the yond the smoke and clouds of b!tttle that a time would come Senate my distinguished colleague on the other side of the when this great Republic would assume and settle down into its Chamber. There has not been a whisper from Democrat or Re natural and normal conditions of confidence between all sections, publican, from Populist or workingman, that that election was of comit'l between all sections~ {)f friendship an frat~rnity be not fair and square and in the interest of good government. tween all sections. Unless such a time could be contemplated, it Mr. Presidentt I love my adopted State, the State of Califor would be acknowledging th1t the federative system was a fail nia. I bow reverentially to her chain of mounts.ins, running a ure. It is not a fn.ilure. The time for comity, the time forcon thousand miles f rom California to Oregon clad with the snowy fidence, the time tor friendship, and the time forfraternity has topped cliffs of eternal ermine and with peaks reaching high up come in its fullness; and I am glad that the partyof which lam as if they supported the great dome of heaven. I have stood in a member is here to proclaim and to announce that fact. the grand Yosemite Valley under the shadow of that dome, and Mr. HIGGINS. Will the Senator from Virginia yield to me I have stretched out my hands in admiration and said" behold for a question? the wonders of the God of creation.:' I have looked over the The PRESIDING OFFICER (Mr. GRAY in the chair). Does plains of California teeming with milk and honey producing th1 Senator from Virginia. yield to the Senator from Delaware? everything known. in the vegetable kingdom. I have- seen her Mr. DANIEL. With ple:JSure. magnificent shores washed 800 miles by the grand Pacific Ocean Mr. IDGGlNS. I should like to ask the Senator whether, singing the sunset song of the nation. Yet, loyal as I am to when he said he thought th~ legislation which it is proposed to my State, dear as California is to me, in the great central gov repeal contemplated a temporary rather than a permanent policy, ernment in. this national capital are centered all the affections he meant to be understood as applying his remark to the acts of oi the States, all the affections of this grand Union of States. Congress in enforcement of the Constitution or to the fifteenth Let us then, Mr. President, in our national capacity as repre amendment itself. Did he mean that the fifteenth amendment sentatives be true to the people's interests. Let us in the elec was. enacted as a matter of temporary policy or as a matter of tion of our representatives in Congress throw around the ballot permanent policy? box every protection that will secure to the people an honest )fr. DANIEL. I s:tid nothing and meant nothing from which vote and to have that vot3 honestly counted. that might be deduced. That is entirely imagination on the But I shall not weary the Sanate longer. I believe there has pnt of the-Senator from Delaware. been no reason yet given which is logical or which commends Mr. HIGGINS. I beg the Senator's pardon. He s id that this itself to any impartial mind why the election b.ws sbo::ld be re matter was an aftermath of the war and of a temporary policy, pealed. When the proper time comest if my friends on the other Mr. D -\.NIEL. I did notsay the fifteenth amendment. side are merely actuated by a feeling of sentiment, I shall try Mr. HIGGINS. No, but I ask the Senator if he meant the them on the practical results, and offer an amendment so that fifteenth amendment. instead of having the law apply to cities of 20,000 inhabitants it 1\ir. DANIEL. I think the fifteenth amendment will get shall apply to cities of not less than 200,000. Surely, those on along a great deal better wi~hout this .act than with it, and my the other side will vote for that amendment, for there is no sen argument is that the act is a failure. I should like to ask any timent in it. In the great ~ities of this nation where there is an Senator what good has it accomplished? Wh· t has it achieved accumulation of those who have not the veneration for American for this country? I have never heard any of its achievements citizenship that you and I have, I propose to try to put arou,nd related. The refrain of all the speeches which have been made them this restraining -power, and if possible prevent them from hera was that things h 1.d got worse under it. If that be true doing wrong if they have a desire to do it. the act has done no good, and that will always be true, in my Mr. DANIEL. Mr. President, I had not expected to say any opinion, because it is an act that crea.tes friction and that has thing upon the pending subject, and if I would delay the vote a achieved in the past no beneficial result. moment I would say nothing now. Mr. President, there is another reason why this law should be The Senator from California [Mr. PERKINS] said he has de repealed. It introduces the judiciary of this country into its sired to hear some reasons from this side of the Chamber why political affairs. In my judgment the judiciary should_be as the election laws should be repealed. Where hall the Sena separate from the political elements of the Government aB pos tor been living during the last two years? Has he been out of sible. We should do everything to segregate the judge from the country that he h as not read the newspapers or the Con the transient current of political agitation and ambition. This gressional debates? These laws are to be r epealed, if such shall law interjects him into it nolens volens. It stimulates and in be their fate, by the king's command, meaning by the king the spires p :1rtisanship in the very spot wh:ere partisanship is the sovereign people of the United States, who put u-p their candi greate~t evil. In the next place, this law is very expem:5ive to dates and gave them their instructions. The candidates went this Government. If good were obtained by the expense the ar· before the great jury of the national commonwealth and re gument would be nothing~ but the expense is useless. ceived its order to repeal these laws~ and unless the Senator In the next place, Mr. President, this law in its present frame has forgotten the debates of the late Presidential campaign he work is not such a law as ought to exist, even if there be a must r~call the rea.gons assigned in it why these laws should be legitimate legal theory which would call at the present time repealed. · for some !)uch measure, because it interferes and jostles the M1·. ALLISON. Will the Senator from Virginia kindly read Presidential election. There is a law now upon the statute the section of the platform of the Democratic party which advo books of the United States of which, if I remember aright, the cates the repeal of the election laws? distinguished Senator from Massachusetts [Mr. HOAR] is the au Mr. DANIEL. I do not carry the platform around with me. thor. If he be not the author he was at least the patron, pro If the Senator will get it for me I will read it with pleasure. moter, and champion of the law. That law provides in general Mr. ALLISON. I have failed to find in the Democra.tic_plat terms-I speak of it by memory and not with its word!3 before form a specific recommendation for the repeal of these laws. me-that the certificate of the authorities of a State a-S to who Mr. DANIEL. The Senator did not fail to hear it discussed are its electors shall be conclusive, unexaminable into by any in the campaign. He did not fail to hear it discussed here. He Federal authority and shall be accepted and abjded by as such. did not fail to hear the result of the election in which it was an Tha~ law was designed to settle and to -prevent the recurrence avowed and open issue, did he? If he did, I should regard his of those questions which arose in 1876, and out of which was as an incurable case, and should not . venture to suppose that I ·evolved the Electoral Commission. Underthe laws of thiscoun possessed any remedy that would reach it. try to-day, interpreting., its Constitution according to the con- 1894. CONGRESSIONAL RECORD-SENATE. 1927
sensus of all parties, and sealing up and casting out 'of contro self in this country and has gone to its extreme degree. It has versy along issue, this is the condition: The people of the United attained its objects so far as they were objects within the range States elect their President, who is the Commander-in-Chief of broad-minded, catholic, and national patriotism. Let this of their Army and Navy, and its civil magistrate asweil, who a:g remnant of the storm go with the storm, and let us all welcome points judges of the Supreme Court and who, for his brief term the day of the sun, and in its soft beams these issues, if any re of office, possesses the very highest attributes and the most ex main, which the storm could not solve, will find their natural tensive attribute of executive authority, without any interference and their just solution. by Congress whatsoever in his election and without any real o~ Mr. President, I have long hoped for and looked toward the assumed power of Congress to look into that fact. . day and hoped that I might see it dawn when the statute books Is this Republic in danger, Mr. Presidentl because there is no of this nation would contain no memorials of antagonism and central power which can be jealous of the action of the States? strife between the people of any section of our common country. Not at all. On the contrary that wise and conservative meas Honoring its flag, defending and maintaining its Constitution, ure which was promoted by the Senator froru Massachusetts has loving its people in all of their homes and in every section, I inspired confidence, has given a sense of assurance; and now wish nothing to be suggested which in mind or in any way may when Presidential elections are contemplated they-are contem continually intrude to revive past and obsolete issues and inter plated with the abiding faith in the mind of every citizen that fere with the harmony and the homogeneity of the American the machinery of their settlement has been devised by Congress people. · and the States in their just interpretation of the Constitution Mr. FRYE. Mr. President, ii the millennia! day had arrived · and that the act of the States is conclusive. Now, then, if it be there would be no need of Federal election -laws nor of State not dangerous to confide this ·g-reat power in our Constitution election laws; men would be alaw unto themselves. I regret to and to leave it there, undisputed, which controls the election of say that I received a paper a day or two ago from Virginia, the the Chief Magistrate and Commander-in-Chief of the whole StoLte represented by the distinguished Senator who has just country, how can it be dangerous to leave the like powers to be taken his seat, which indicates to me that there is no millennium exercistld by the people of the States as to their local repre in Virginia, and that there are no proper election laws in that sentativ-es although these local representatives when they ap State f01' the protection of the bl:'J1ot. I allude to an article frol11- pear here shall constitute the Legislature of the country? the Times, publis-hed at Richmond, which I believe is a Demo Now,..a just objection to the framework of this law is that it cratic paper. The headlines are:
so provides for the superintendence of Congressional electionE SPECIMEN OF FRAUD-HOW IT WAS DONE IN SIGHT OF THE CAPITO~UEBR which occur at the same time as the Presidential election, that ELECTION METHODS~THE POLL .AND REGISTRATION BOOKS CAREFULLY whatever may be the intent .and design, the necessary result is COMPARED, Wrl'H THE MOST STARTLING RESULTS-MANY CITIZENS SEEM: TO VOTE TN ALPHABETICAL ORDER-'l'HE BALLOT BOX SURELY STUFFED, that while there is a stg,tute of Congress and a paramount con AND DEAD MES EXERCISE THE RIGHT OF SUFFRAG»--.THE WOBK AT sideration in the Constitution which inhibits Congress from in SMITHER'S PRECINCT. terference with Presidential elections, that to cont1·ol the de Then it goes along with a whole side of particularization of posit of the ballot or superintend it when it is necessarily given frauds. ., · - in the Presidential election is tointerjectan interference against Mr. DANIEL. It is a Democratic paper the Senator is read the policy of the law and of the Constitution and to promote a ing-from. recurrence to the very evils which the wise measure promoted Mr. FRYE. A Democratic paper; the Times, published at by the Senator from Massachusetts was intended t-o rectify. Richmond, Va. Mr. President, a further ob;ection to this law, in my opinion, Mr. DANIEL. · I myself know it is, but I merely wanted the is that it promotes a centralizing tendency. There is a tendency Senator to understand it. . in nature of all bodies to fly from their orbit, and there is also Mr. FRYE. I said it was a Democratic paper. In the edito the contrary tendency. These are called the centrifugal and rial it goes on to say: centripetal forces. If there was a time when it was desirable The exposure we make this morning of what tookplaee at Smither's Store in this country to provide against the too great operation of precjnct, in Henrico Caunt.v, at the election on November 7, 1893, should centrifugal force, if questions of nullification and secession make every citizen of Vjrginiapause and ask himsel! earnestly and seriously if he has any voice in his government at all as matters now stand. Three have interfected themselves in our n:ttiona.l history, Jet us all hundred and fifty votes were all that were cast at this precinct, yet the elec· realize that those questions are nowenQ.edand settled and sealed tion ol'll.cPr recorded 611, and that by the most open and barefaced methods of stu1llng the ballot box. So bold had successful fraud made them that up and belong to the jurisprudence and political history of a past they neglected the most ordinary precautions for covering up their tracks. era. By the course of events, by the operation of the mighty The copying of "blocks of five" from the registratfon book is perhaps the forces of peace and war, the centriiugal forces have been dealt most open and barefaced fraud that ever -was attempted before under simi lar ciTcumstances. By this method, a precinct which had never before given with. We are all interested in preserving the freedom of this more than 177 Democratic votes in an honest election, was wade to give 498 Republic, and the counter tendency in this law is to consolidate Democratic votes. It could just as easily have been made to give 1,000 if and intensify the centripetal forces by which power would be they had been needed. centralized too greatly at the head cent.er and less diffused This thing could not have happened without the connivance of all the elec tion officers at that precinct. It is, therefore, to be considered as part of and through all parts of the commonwealth. _ belonging to our election system. A system which makes those who have It is the remark of the learned Dr. Draper in an essay which exclusive control of the elections a board of partisall8, all of one party, to has been widely published on" The Civil Policy of America," that hold their meetings in secret, keep no records and be accountable to no one, must of course work lts way by degrees to elections like that held at Smith- this Republic has more vexed questions to deal with than any er's. . other nation which has arisen since the fall of the Rom.an Em The Times has uncovered what was done a.t this precinct by its own un pire, and that these questions arise out of the heterogeneous aided efforts. It was of course at a great disadvantage from having to pick up its information here aud there and wherever it could find an item. It elements of its population and interests. The interests of one had no power to compel the attendance of witnesses to give evidence. I:f it section of this country are not tho~e of another as yet. The had this power it has not the slightest doubt that it could show that a state West has its distinctive interests, the South has its distinctive of affairs similat" to that at Smither's exists in almost every, if not every, negro county. interests, the Middle States have their distinctive interests, and The Dispatch has repeatedly taunt.OO the Times with the question, " Why the Northeastern States hav& their distinctive interests. To do you not go with your allegations of fraud before the grand juries?" We mold a framework of law in Congress which will give just and have now proved fraud. What does the Dispatch think will be done. We can tell it. Nothing. It is very doubtrul whether the grand jury indicts wise consideration to all these interests, which will part them anyone. But il it does there will be no cou,viction. Men can not be expected from one another when they have a disposition to jostle against to be better t.han their laws. 'l'he Anderson-McCormick law was understood each ot~er, to reconcile public opinion, to compromise these an by the people to be intended to be a shelter for cheating in elections. It has demoralized a great part of the moral sense of the people and they look on tagonisms which nature herself is fomenting, is the greatest at the frauds that are perpetrated in elections with a shrug of the shoulder problem of statesmanship which was ever presented to the hu: andinwa.rd thanks that their election troubles are ended. · man mind in a republican form of government; and it can not But are they ended? Is it any relief to escape negro rule to-fall under the absolute and autocratic rule of a ring of election thieves and ballot-box stur be solved unless we rise to the height of the greatest argument fers? What is the use of any citizen voting again? His vote is not counted of public patriotism of any people. We can not be freemen un· unless it suits the election ofllcers to count it. What part then bas the citi less we first become patriots. zen in his government? None, absolutely none. Ee bad just as well stay at home as to go to the polls. The resuh is the same in either case. Now, Mr. Presiden·t. this law has a tendency to sectional !ric The Legislature has got w confront this case. It can not now be passed tion, to sectional irritation, and to sectional antagonisms. It by. It must now either meet thesituationina.manful way oritmustexpect was the outgrowth of an old sectional antagonism, and as that the people of Virginia to understand that it intends that the laws shall be • r antagonism ceases, as ps.triots everywhereattempttoam.eliorate considered as made to wink and connive at fraud in elections. it this relic of that antagonism. should be laid aside and we Mr. CHANDLER. What is the date? should welcome a new era of peace and harmony, compromise Mr. FRYE. The date is February 4 of the present month. and comity, and of fraternal consideration. - Mr. DANIEL. Let me ask the Senator if the Federal election Mr. President, it is an old fable (but human nature is the repeal bill has anything to do with that? same to-day as it was in the days of 1Esop), that of the traveler Mr. FRYE. Yes; it has. _ who when the storm blew gathered up his co:tt closer around Mr. .DANIEL. What bas that to do with it? - him and when the sun shone threw it off. Force has spent it- Mr. FRYE. The claim has been made that the Federal eleo- 1928 CONGRESSIONAL RECORD-SENATE. • FEBRUARY 6,
tion laws ought to be repealed because the States can be trusted, gressional Globe, Forty-third Congress, third session, Part II, pa.g:e 1636) in a speech delivered by him in the Senate, the present national election the whole of them, to enact and enforce laws to protect the citi laws teing then before the Senate for consideration and action thereon. zens in their rights. Although various denials or the accuracy of the statements made in such Mr. DANIEL. Has there never been any fraud in Maine? list were from time to time published by individuals named therein or their friends, no attention whatever has been paid to such denials, but the list as Mr. FRYE. I know of none in Maine; I never heard of any in a whole, or such selected portion thereof as pleased the taste, or suited the the St...'tte of Maine of any account. fancy, of gentlemen holding the high and responsible of!lce or Senators or Mr. DANIEL. Not of any fraud at all? Members of Congress has since be~n repeatedly adopted by them in both . Houses of Congress and printed and reprinted times without number. Mr. FRYE. Not of any fraud at all in· connection with an The last honorable Senator who has embodied selected portions of the election. There was an attempt to:steal a Legislature by a Demo World list in the CONGRESSIONAL RECORD is Senator TURPIE of Indiana cratic governor; that was not fraud at the ballot box. The who made it a part of his remarks when addressing the Senate on January 30 of this year in favor of the repeal of the national election laws. Senator was speaking of frauds at the ballot box. Senator Vickers in 1871 declared that the men named in the World list Mr. DANIEL. I merely wani;.gd to know if it was ever "were appointed by Judge Woodrutr, a judge or a United States court." charged that there were any frauds in Maine? This statement, always reiterated, has for nearly twenty years been added to by the assertion that Mr. John I. DaYenport, the chief supervisor of elec Mr. FRYE. I have seldom heJ.rd of such a thing being tions in New York, appointed these men. Senator TURPIE within ten days, charged. I have never heard of anything which was sufficiently in his speech before referred to, so declared the fact to be. pronounced in the State of Maine to entitle it to any investiga I have never been in the habit or denying anything that either the ignor ance, viciousness, or malice or the enemies of the national election law have tion. charged me with in the columns of the daily press. I purpose at this time, Mr. DANIEL. You did not have any investigation of the however, as those laws are about to be repealed, to state the facts with ref charge there? erence to the World list, to the end that the same may, through your cour FRYE. Mr. President, did not take the floor in order tesy, be embodied in the records. or Congress. Mr. I The list as originallypubHshed in the World contained filty-.five names. to make any attack upon the State of Virginia. I took it for en The annexed slip, ::mt from the Congressional Globe, contains the original tirely another purpose. I have known Mr. John I. Davenport for: list as it appeared when inserted by Senator Vickers in 1871. I have num a good many years, intimately a part of the time, and I have for bered each name on the margin of the slip. While there are fifty-five names, there are but fifty-three persons designated out of about 1,500 supervisors him a profound respect. His courage is admirable; he is utterly and marshals appointed, numbers 7, 45, and 55 being the same man, his alias fearless; and he has shown a fidelity in office such as has seldom being used in numbers 7 and 45. The World statement, and every copy of it been seen in any man. He has been true; he has been honest. ever published, has upon its face shown this to be the fact; but no honora ble gentleman who has made use of such list bas ever been considerate Now, the election law is to be repealed to-day at 4 o clock. I enough to relieve either Judge Woodru1r or myself from the charges they undersbnd that. Mr: Davenport is to disappear from office, and have so glibly asserted by even dropping out the two extra men created from will undoubtedly disappear at the same time from Democratic thisone. , 1 shall, however, treat the list as containing the names of but 53 persons, abuse, because no longer will he stand in the way of their con which is all it purports to have. Of the 55 names given (53 men) in the World ducting political affairs to suit themselves in the city of New list, 6o! them, to wit: Numbers 1,2,3;-4,5,6 are not designated as haviilg been either supervisors or special deputy marshals, and as matter or fact of York. There!ore I believe it is a proper time to put on record the 55 names, no persons bearing the names of 12 of those contained therein John I. Davenport and his conduct, and rescue him from the were ever appointed to either of!lce. To that extent, therefore, both Judge c9J.umnies and charges which have been made upon the floors of Woodru1r and Mr. Davenport would seem to be relieved as to 14 names rep the two Houses of Congress within the last sixteen or eighteen resenting 1~ or the 53 persons. As to numbers 12, 13, 17, 20, 21, 22, 35, 53, and 54, it is asserted that they were special deputy marshals. This relieves Judge years without justification, and to which he could make no reply. Woodruff and .Mr. Davenport of all responsibility as to 9 other parsons, as Mr. Presi dent, in a contest, when a contestant is driven to the neither Judge Woodruff nor Mr. Davenport had, in 1870, or at any time wall he very frequently resorts to abuse of somebody, to search since, the slightest right, power1 or authority to appoint special denuty marshals, and never did make any such appointment. : ing after a scapegoat, to hunting for a victim, so that attention It will be observed that of the 55 names given (53 persons) but 10 of them may be drawn from his own condition. That was notably illus are even claimed to have been convicted of any.otrense against the Jaws of trated. recently in the Hawaiian matter. When the President tbe State of New York or of the United States. These are numbers 17, 20, 38, 44, 46, 48, 53, 55. or these 8 but 4 are claimed to have been supervisors of of the United States undertook to restore to a vacated throne elections. They are numbers 38, 44, 46, and 48. The other 4 (numbers 17, 20, the" dusky Queen! it was not long before he heard the verdict of 53, and 55) are claimed to have been special deputy marshals. an outraged people; and when he h eard it, did he retrace his While I had nothiug whatever to do with the special deputy marshals, I wlll refer to one of the persons claimed to have been appointed to such oJllce steps? By no manner of means. He sought a scapegoat. He for the sole reason that it fairly illustrates the false and fraudulent charac hunt.ed a victim, and poor Stevens, the former mi~ister, was the ter of the whole list. Number 17 upon the list is said to have been l\fart Al· victim; and /the Secretary of State joined in the hue and cry; len, and he is asserted to have been a.ppoint.ed a special deputy marshal. Mart Allen was never appointed to such of!lce, and as matt-er of fact was at and the Administration Senators and the Administration mem the time in Montevideo, South America. bers of the other House, in every speech made, have not defended As a further illustration, let us look at the one man given three times in the President, but h ave attacked the American minister, Mr. the list. As No. 7 he is stat-ed to have been appointed a supervisor from the Fifteenth ward as John, alias ..Buckey, McCabe, and is said to be known to Stevens, forgetting, color-blind to the fact that when they at the police. As No. 45, the same claim is made as to his apvointment as a su tack Stevens for interfer ence they could have attacked with in pervisor in the same place and under the same name; but by that time he finitely greett-er propriety the :eresident for his interference, had been "charged with shooting a man with intent to kill about a year ago." As No.7, however, his right name is stated to be Andrew Andrews, which continued month after month. and when McUabe appears for the third time upon the list as No. 55, heap So I have heard a. great many discussions of the Federal elec pears as Andrew Andrews for the first time, and his criminal record bas tion laws since I have bean in Congress, twenty-four years. I progressed so rapidly as to call for the statement that he "has been sen tenced two or three times to State prison." As further showing hls versatil h ave never heard one yet where the result was not a desperate ity, the office he held is changed from supervisor t-o special deputy marshal. attack upon John I. Davenport. Even the Senator from Indi Of the four persons claimed to have been appointed supervisors of elec ana [Mr. TORPIE], the other day, could not refrain and went out tion and to have served time in the State prison, No. 38, John Lane, is said to have been indicted for receiving stolen goods, and to have been confined of his way to make an attack on him. The Senator presented to at Sing Sing. The criminal records or the district attorney's ot'ftce in New the Senate a list of men who had been appoi.Iited to office, as he York City from 1860 to 1875 were examined for and attested to !!le in 1875, as asserted, by the courts and Mr. John I. Davenport, when as a to each name upon the World's list, and I have the same before me as I write. It shows that John Lane was arrested for grand larceny. The World matter of fact Mr. John I. Davenport did not hold office at that list says he "was indicted for rec.eiving stolen goods." The record shows time and could not appoint anybody and had nothing on earth to that the \lase was dismissed by the grand jury on November 8, 1869. do with it. He read a list of fifty-five names of criminals who The second of such four persons is No. 44, Samuel Rich, who is claimed to bad been appointed supervisors or deputy marshals. have been appointed a supervisor, and to have served a \arm of two years at Sing Sin~ for felonious assault. There is no criminal record whatever I wish to say to the Senator from Indiana that I have heard in the distnct attorney's of!lce of the county of New York against any Sam that list read about fifty times. I venture to say you can take uel Rich from 1860 to 1875. The third or such four persons is No. 46, William P. Burke, who is alleged the RECORD and find fifty times in the Congressionol debates to have been appointed a supervisor and to have served a term in the Mas· Lhat same list. Notwithstanding the list has been exploded, sachusetts State prison for burglary and also two years in the New York notwithstanding men's names have been withdrawn at their own State prison. I made diligent inquiry at the time of the World publication, and learned from people who had known Burke for years that there was no request and on proof offered, notwithstanding one of them even truth in the charges against him, either as to Massachusetts or New York. brought an action of libel agidnst the-New York World which The criminal records of the district attorney's office in New York County was settled by the payment of a pretty large sum of money, the show no complaint against any William P. Burke from 1860 to 1871, and no conviction of any such person. names all appear just the same as when it was first started in ·l'he fourth of such fom persons is No. 48, given as William Irving, who 1870, in tb.e United States Senate, I believe. is claimed to have been appointed a supervisor and to have served a term in I have a letter here which fully and completely explodes this Sing Sing for burglary. There was a Wllliam Irving who was a supervisor. He was a reputable man. He is still living. He was ne>er in prison and has whole list. It is from Mr. John I. Davenport, and I propose to for years been and is now the detective of the Murray Hill Hotel in the city end this delectable piece of ingeniously constructed falsity by of New York. A few years since, I think in 1888, the World printed au article the reading of this letter. The Secretary will please read. referring to this charge. Irving took legal advice as to the prosecution of the World for libel, whereupon that journal retracted, the charges made The Secretary read as follows: against him in its list. The William Irving who had been a convict was an . WASHINGTON, D. C., February 6, 1894. other and entirely different man. MY DEAR SENATOR: In November, 1870, the New York World published a As further illustrating the false and fraudulent charact-er of the World list of m:.r.l~s oi persons claimed by it to have been appointed that year su list I cite No. 14, .Richard O'Connor, who is said to have been appointed a pervisors of elections or special deputy marshals in the city or New York. supervisor and to have "been for years a receiver of smuggled cigars from That list was subsequently first made use of in the Senate of the United Havana steamers." Richard O'Connor was a su.vervisor, a Democratic su States by Senator Vickers of Maryland on the 24th o! February, 1871 (Con- pervisor, and was a good supervisor. I never knew anything against him. I 1894 . . OONGRESSION AL RECORD-SEN ATE.
know that when Benjamin K. Phelps was elec ~ ed district attorney of the accessory to the murder of Richard Gerdes, a grocer, corner First avenue county of New York in the reform movement conducted in 1871 and 1872 by and Twenty-fourth street. the committee of seventy, Richard O'Connor was appointed a detective of 10. "Henry Rail, supervisor Eighth ward. One of the principals in the t.hat office; that he remained there for years enjoying the fullest confidence Chatham street saloon murder; went off West to escape punishment, and of Mr. .l:'helns and the entire office; that he was appointed upon the police has only been back a. few weeks. force of the city of New York: that for years he was a detective sergeant 11. "James Moran, supervisor third district, Eighth ward. Anested on upon the staJI of then inspector, now Superintendent Byrnes, and was rated Sunday last for felonious assault. by tha.t officer as one of his best men; that a few years since he was promoted 12. "William (alias Pomp) Harton (colored), marshal Twenty-3econd to be a captain of police, which position he holds to-day. ward. Arrested a few days since for vagrancy. still another object lesson as to this remarkable list. Number 47, James Mc 13. "Theodore Allen, marshal Eighth ward. Now in prison for perjury, Cabe, is said to have been appointed a supervisor and to be "now (November, and keeps a house the resort of panel thieves and pickpockets, on Mercer 1870) confined in the Tombs under indictment for highway robbery." The street. . facts are that James McCabe was on June 14,1855, indicted in the city of New 14. "Richard O'Connor, supervisor seventh district, First ward. Has been York for "an att.empt at robbery;"that he gave bail, and nothing was aft~r for years receiver of smuggled cigars from Havana steamer. · wards he:u·d of the case. He was not tried, and no other charge was ever 15. "L. H. Cargill, supervisor ninth district, Ninth ward. Tried in United made a.gaJ.ngt him. He was a Democrat, and was appointed a Democratic States court for robbing the mail. supervisor; being recommended by the Democratic organization of that 16. "John Van Buren, supervisor twelfth district, Eighth ward. Was at ward. Judge Woodruff ha.O. never heard of him; I had never known any one time in sherur·s office, and discharged for carrying a load of seized thing of him. After he had been sworn in as supervisor and had begun to goods from the establishment of Richard Walters, in East Broadway. · act, on October 21, I8i0, this old indictment was brought forth from its more 17. "Mart Allen, marshal Eighth ward. Served a term of five years in the than five years of repose; his bail was forfeited, although they knew where Conuecticut State prison. Sentenced to Sing Sing for live years by Judge he was, and he was arrested and confined in the Tombs. After the election Bedford. His case was appea!ed, and while w:titing for decision he man was over he was discharged without a trial, and he was subsequently given aged to get out on bail. His case was decided against him and he has fled a place under one of the departments of the city government, being recom to parts unknown to ply his vocation and help the Radicals elsewhere. mended by Cons-ressman Edwin R. Meade, of New York City. 18. ·• John McChesney, supervisor fourth district, Ninth ward. Assoct But why contmue? I could go on with the few remainmg names with ates with thieves; bears a bad character generally. practically the same result, but surely I have sufficiently exposed the worth 19. "William Cassidy, supervisor twelfth dist1ict, Ninth ward. Is a st-::-eet less character of the World list and wholly discredited its statements. A bummer, without any visible means of support. very large portion of the men named in that list were Democrats, were rec 20. "'l'hon:ias Mcintire, marshal Eighth ward. Has been frequently arrested ommended as such by a. Democratic organization, and were appointed as for beating his aged mother. Sent several times to Bla.ckwells Island. such. The Tweed Ring. which then controlled, with barely an exception, 21. "Timothy Lynch, marshal sixth district, First ward. A Washington eYery office, judicial or otherwise. in the city of New York, fought the law Market lounger. and sought to discredit it. 'l'he World helped them by its publication of this 22 "Peter Mose, marshal Sixth ward. Habitual drunkard. list. That was all thflre was to it. It has served its purpose and I am con- 23. "John Connor, supervisor first district, First ward. Keeps a dis- . fident I have buried it past resurrection. It will not even revive to witness oderly ginmill, resort of the lowest character. _ the passage of another and much more efficient national election law which 24. ''Francis Jordan, supervisor sixth district, First wa.rd. Lives in New wiLl surely come. Jersey; was turned out or the po&t-office by Postmaster Jones for b:1d con There is another matter as to which I desire to say a word. I was not in duct. 18'i'(l a chief supervisor of elections, nor were the national election laws in 25. ''Bernard Dugan, supervisor eighth district, First ward. Haoitual existence. The circuit judges in each circuit were aut.horized by the sec drunkard. His wife left him on account of his drunltenne!':s, and procured a tion or an act passed to appoint supervisors of elections. The Ron. Lewis divorce on that ground. B. Woodruff was the circuit judge in the second judicial circuit. He was a 26. ' 1 John Tobin, supervisor ninth district, First W:J.rd. Arrested about six man of the highest character, of excellent social standing, rare legal attain months ago for gra.nd larceny. ments, and ~he strictest integrity. When he found this WOI'k thrust upon 27. "Patrick Murphy, supervisor fourth district, Sixth ward. Two years bim, and he knew nothing of it until it became a. law, he eudeavor_ed to dis ago dist!'ibuted fraudulent naturalization papers, and would furnish them charge the onerous duty imposed impartially. Two supervisors of election to anybody that would promise to vote for Grant. were appointed in each election district, one of whom wa;; a Republican and 28. •· Ed ward Slevin, jr., supervisor second diStrict, Fourth ward. Has an the other of whom was a Democrat. For each man he required of the po indictment now pending against him in court of general sessions for cutting litical organization their recommendation. At his request I aided him as a a boy named Kilkenny. circuit court commissioner in the work of swearing in the men and prepar 29. ''Michael Foley, supervisor fourth district, Fourth ward. Well-known ing their commissions for his signature. repeater, voting for anybody that will pay. No man who ever knew Judge Woodrull', I care not whether he be aRe 30. "James F. Day, supervisor seventh district, Fourth ward. Shot at a publican or a Democrat, will ever assert .the belief that Judge Woodrut'f man in a fight between the Walsh association and a. gang from Water street. would knowingly appoint a man to any ofilce whose character or reputation 31. ''John Connors,' alias JockE'y, • supervisiorthird district Fourth ward. was sullied. He was an honest and on honorable man and has been dead A well known desperate character. . many years. What I have here written is due him and his memory, which 32. "Dennis Hogan, supervisor ninth district, First ward. A. bounty bird fs very dear, not alone to myself but to all who knew him. during the war. One other matter only. The United States marshal was in 18~0 Gen. 33. •· Richard Emight, supervisor in First ward, eighth district. Arrested George H. ·sharpe, who was during the war or the rebellion au offi.cer upon for robbery in 1863. tho statr of Gen. Grant. He was an honest, earnest, capable marshal, as he 34. "John Grimes, supervisor twelfth disttict, Fifth ward. Arrested in was and is a high-toned, conscientious gentleman. I! any improper person April, 1863, for stealing a gold watch. · was appointed a special deputy marshal by Gen. Sharpe he did not know it. 35. "Michael Costello, marsh.:l.l Sixth ward, Bounty-jumper during the He is now on·e or the board of general appraisers on duty in New York. war. I have the honor to be, very re,spectfully, yours, . 36. "Harry Rice, supervisor thirteenth district, Sixth ward. Was con JOHN I. DAVENPORT, nected with the Chatham street concertsaloonmurder. and fled to Nebraska. Ckief Supervisor of Elections, Southem District of N~w Yot•k. to escape punishment. The Ron. Wn.LIAM P. FRYE, ';fT. "'l'homas Lane, supervisor seventeenth district, Sixth ward~ Formerly United States Senate. keeper of a notorious den at Five Points, headquarters of thieves and rob bers. THE WORLD LIST AS INTRODUCED IN THE SPEECII OF SENATOR VICKERS, 38. "John Lane, supervisor twenty-second district, same ward. Was in OF MARYLAND, IN 1871. dicted for Teceiving stolen goods. Has served a. term in Sing Sing. Look at the elections held in New York City in November last under Fed 39. "Edward Foley, supervisor sixth district, Ninth ward. Arrested lr.st eral supervision and bayonet influence. Who were the deputies and special year for E>tealing a watch. deputies r.ppointe
appointed to administer the Federal election laws. They are thieves; they Q. Than in other districts? a.re stabbers; they are robbers, wife abusers, mother beaters. There 1s not one of the appointees, and that embraces a list of the most populous dis· lo!ke~e~~~h!~~~~-g to the number of voters; that is, so far as I have tric:s which were under Federal supervision, who was a man of even fair Q. Has anything of a fraudulent character appeared in the account as pre character. I will not mention honor, because that 1s a higher characteristic sented by Mr. Davenport and paid by the Department, to your knowledge? than honesty. There is n)t a man of honest character or good repute who A. I Will state that ever since I have been connected with the Department was appointed by the chief supervisor of elections in New York City to con Mr. Davenport has teen requir~ to produce all of h1s books and papers be duct elections under what are called the Federal election laws. fore the Trea ury Department for examination. After examinatjon ha.8 been made by representatives of both parties, payable by the First Comp· Those last four lines are tremendously sweeping. Here are troller, an allowance in each instance has been made upon such report.. only 55 out of 1,500 who were appointed, selected by the World Q. '.rhen you have founefnothing irregular or fl'andulent in the account as criminals, ana yet the Senator in his profuseness declares submitted by him and audited by the Department? A. AU they are required to exa.miue into is as to matters of fact; that is, there is not a man of honest character and of good repute whQ whether or not his records show that he actually entered and indexed the was appointed by the chief supervisor of elections in New York numb~r of folios he charges for, and that he filed as many papers as he City to conduct elections under what are called the Federal elec charges for. Q. Did you find anything incorrect in the account as submitted by him? tion laws. The supervisor did not appoint any of them on that A. A.B a general rule, as l remember it- list. Q. More than in other cases, if you will allow me to ask you? It is out of the line of what I am talking about, but when I was A. If you will permit me to answer that first question or first part of your question. As I sa.id, as a general rule his records had generally counted out looking over- the Senator's speech I came across another reference more folios than charged for. I do not know whether he charges for a less of his, which seems to me ve1·y curious, on page 1862: number of folios than he actually counts on examining his papers, but that Mr. TUR.Prn. Mr. President. I wish to say a. word·. I am personally ac 1s the fact. quainted with such appointmeuts in Indiana. I have seen them arrayed in Q. Then the evidence in the- account as presented has been paid by the a troop to take the oath on the morning of election. There were perhaps Department, becau e that evidence existf:"d that they were correct? seven people. with one eye apiece. A. Yes, sir; I would state that he has been required to furnish more evi dence to substantiate his account than any other chief supervisor has been Think of that! In a body of men called upon to perform Fed-. reguired to furnish. eral official duties, there were seven" with one eye apiece." Q. All that he has-furnished has boon satisfactory? Some of them lacked an arm. Most of them lacked two or three fingel's A. [thas been satisfactory. on their right hands, suggestive of hard lives, men without character, or credit, or .fixed homes, or honest repute. · On looking at the First Comptrollers office report, it will be found that in that identical case he was paid for 142,140 folios, as Is not that a description of oid soldiers, selected by the mar found by the Department itself, when he had only charged for shal to perform the duties of deputy marshals? I ask the Sen 138,08.7. ator from Indiana, were those not veterans who had been S{? Mr. Ferrell further testifies: lected as a reward for gallant service? How could there have I want to 6Xl>la.in why I said it averaged less according to the number of been such a gathering in Indiana of a few men selected to be voters as-the number cl:l.arged by the other chief supervisors. They have a. marshals, seven of them each without one eye, some without great many otber records and they get up instructions in different ways, arm3, and some or them with only a few fingers or one hand un multiplying the number of papers· by the folios and various other ways in which they increase their fees, which Mr. Davenport does not make any less they had been in the army"? I can not conceive of anything charge· for at all. · else. It struck me as being -rery curious. Now, I call attention to another m:ttter, showing the absolute Again: injustice of these charges against Mr. Dayenport. There was a Now, I want to explain to you what I mean by that. Mr. Davenport m.a.kes committee of the House of Representatives raised to investigate up his account, and his whole account covers, except bills tor stationery and New York elections, and I suppose therefore Mr. Da:venport, be such things as that, covers aoout five or six items, perha-ps. Now:, there are several other chief supervisors who cha.rge !or a very large number of items, cause the aim was always at him. There have been six of them, and. whi1e their charges for entering and indexing names of those who are I think, in all, and Mr. Davenport, whenever he has appeared registered and vote are practimi.lly the same as the other items, the other before a committee, has routed it horse, foot, and dra.goon. I commllisioners' are larger than the cha.I"ges made by Mr. Davenport; that remember when I was on one of the committees, which sat is what I mean. four weeks in New York taking testimony, and Mr. Davenport * " • • • 0. Then you have had largely to do with this account of Mr. Daven- gave his, we came back to Washington, and the chairman of the port·s? . committee made a report with the request that it be :printed A. I will Rtate that the two large accounts there-that Is, the first account and recommitted to the Judiciary Committee, but it n~ver came in this statement-were passed undel" the supervision of the chief of the out from itafterwards. That is a fair specimen of those investi diVision appointed by J.udge Dmham, the former Comptroller." gationa whenever they have had· Mr. Davenport before them. There is all the testimony taken by the Fitch committee Mr. Fitch's committee did not examine l\1r. Davenport. Here touching Mr. Davenport's accounts, and every word of ij asserts is what Mr. Fitch said in. a speech: distinc~ly, plainly, and clearly that Mr. Davenport's charges It was in the city of New York that t,he scheme of these laws had itsortg1n. were less than the charges of other supervisors, and less than In that city their enforcement and operation was most conspicuous, and it is on account mainly of the public indi;;nation over the results of these he actually had a. right to charge. laws in that city that they are about to be repealed. In presenting to the Further about this Fitch committee. The Fitch committee House the request of the most important city of the Union for the repeal of was appointed on the 6th day of September, and as soon as the these laws, I propose to relate briefly what we know .in that city or their origin, their operation, and their results. . appointment was made and published Mr. Davenport addressed These laws had their inception in the fertile brain of a. political adven the following letter to th~ chairman: venturer, who twenty-three or twenty-four years ago sought to find a foot hold and a position for himself in New York politics. He was entirely des NEW YORK, &ptemJJer 7, 1892. titute of all the resources which are ordinarily necessary for success in po Sm: The. Evening Sun of this date states that it is the purpose or your litical life. He had nothing of the eloquence in public d1scussion which committee to have a meeting to-morrow for the purpose or fixing a day for sometimes compels public attention and admiration. He had nothing of the beginning the investigation of my offi.cial acts as chief supervisor of eleo • personal qualities which sometimes fix friendship and attract a following tions. I request that you name as early a day as possible, as the nature and influence. He was utterly destitute or the high character and con and character a.s well as the importance ot the work imposed upon me by science which sometimes command public respect and confidence. l~w i& such as to soon roqnire ot ~e my personal atten.tton the greater por He had, however, been educated in a school in which he had learned that twn o1 the day and well into the mght. political success may sometimes be achieved without eloquence or personal I have the honor to be, yours respectfully, attractiveness, or character, or conscience. He had for years been the per JOHN I. DAVENPORT, sonal companion and an apt and devoted scholar of Benjamin F. Butler. He Chief Supervisor of Elections, BoutMrn ])i&trict of New York. saw two prejudices then largely prevalent in the public mind, of which he The Hon. ASHBEL. P. FITCH, believed he could make use, and with peculiar adroitne s he conceived a Chairman, etc. scheme by which he might take advantage of them for his personal profit. He used them so successfully as to intrench himself in a position where, un The reply to that was, that when Mr. Davenport's attendance der cover of law on one side, and under cover of party loyalty on the other, he has looted for nearly a quarter of a ~entury alternately the Treasury of was required he would receive notice. On October 8, Mr. Dav the United States and the treasury of the Republican national committee. enport received notice from Mr. Ashbel P. Fitch that the com [Applause.] mittee would have a meeting in New Yorkl October 14. Octo Mr. CULLOM. Who is that? ber 14 was one of the principal days of registration, when every Mr. FRYE. That is John I. Davenport. . moment of Mr. Davenport's time was occupied. The chairman In the report on which that speech is founded, in which Mr. of the committee knew this, and knew that Mr. Davenport would Davenport is charged with being practically a thief, the only be occupied with all of his clerks on that day. testimony in relation to the accounts of John I. Davenport was Mr. Davenport subsequently wrote, stating that it was utterly that given by Louis C. Ferrellt chief of the judiciary division of impossible for him to attend, nor could his ·clerks attend, nor the First Oomptroller's Office. I find in that testir~10n:y this: could he send his books before that committee, because they Q. Now, let me ask you, do the accounts of Mr. Davenport differ in any re were absolutely necessary to the performance of his duties as su spect trom slmllar accounts examined, audited. an.d paid by the Treasury pervisor and commissioner, and he called upon them in another Department? A. Ye·s, sir; they do. letter to name a later date at which he might appear, suggest Q. In what respect? ing November 16. He never received any reply, and the com A. The charges which he makes for his servlce.s in the aggregate are less mittee never- invited him to appear before them; but, on the con than they are in other districts, in proportion to the number of voters. Q. Then, his charges are less? · trary, made a report that he would not appear. Then Mr. John A Yes, sir. I. Davenport pre&ented a petition to the House of ~presents.- 1894. CONGRESSIONAL RECORD-8ENATE. 1931 tives, which I hold in my hand and which I shall print, setting quest fo:r an early hearing was answered by an adjournment for two weeks, and a.letter!:rom.its chairman, of which the following is a. copy~ forth the facts. He asked the House of Representa.tives either force the " SEPTEMBER 9, 189'2. to "Sm.: In reply to your letter of September 7, I writ-e to say that the committee to have him appear before them in this investigation special committee of the House of Rer>resentatives to inquire into the super and give hia testimony, or else that he might be called before vision and admi:IDstration of the election laws of New York at its meeting the bar of the House and be permitted to testify there. It was yesterday dec.ided to commence its work on Tuesday, September 22. When your attendance is desired the usual notice will be sent. declared to be an insult to the House of-Representatives. That "Sincerelytyours, report of Mr. Fitch was thus made up. I shall insert the peti "ASHBEL P. FITCR tion of :Mr. Davenport and have it published in the RECORD. "Ron. JoHN L DAVENPORT- " 159 P. o. Buurling." · The petition is as follows: E.ighth. That on September 22-the adjourned day-your committee ag..ain Eetition o! John I. Davenport, chief supervisor of elP.ctions,. southern dis met and ag<-:. in adjourned, t.h1s time a.t the call of the Chair. trlct of New York, for a hearing at the bar of the House of Representa The next your petitioner heard of your committee was through the receipt tives, he having been denied a hearing by a commitOOeof the House. on October 9, of a letter or which the folloWing is a copy: ' "'NEW YORK,. October 8 1892. To tiLe House of Repre8entatives of the Congress of the United States: "DEAR Sm: The committee on the investigation of the administration of Availing himself or the right of petition guaranteed by the Constitution the Federal election laws~ New York City will have- a meeting on F'rid.a.y. ot the United ~States to the most humble citizen, your petitional' respectfully October H, 1894. at 11 a. m., m Room 43 on the second fl.oor of the New York represents to your h onorable body- post-office building. First. 'lllat he now is and for more than twenty-one years has been. t'le "I infer from your letter of Reptember 7 that it will not be necessary to serve chief supervisor of elections in and for the southern district o! New York. yon wtth ~ subprena, and I will be glad to be informed in time- whether my econd. That during that period it has been both his duty and his plea - understa.nding is correct. tire to enforce in the city of New York theelect1onlaws o! the United ;:,tates. ''Sincerely yours, the purposes ot which were to prevent force and !rand at elections at which "H J I "ASHBEL P. FITCH, Chairman.. Repl'e entatives in Congress were to be chosen. on. OHN . DAVENPORT, 'l'nird.. That. in the Uuited States there are some forty judicial districts ''Chief Supervisor of Elcctia-M, SoutliRrn ])istrict of New York." cont:ilillng one city or more of 20,000 inhabitants, the Congressional elec T? the above eommunication yom: petitioner responded. on October 13, tior..s in which are therefore subject to supervision un.der the national elec sa.ymg: tion. laws; that there is in each of said districts a chie£ supervisor having '·I do not intend to be present at such meeting, and that I may not be con within his distrut power and. authority identical with that of your peti si~ered as wishing to be in anywise discourteous to the committee I will. as tioner in his district. bnefiy a po. s1ble, give my reasons for not attending. * * "' Your in.ier Fourth. That while this is the fact tt 1s also true that, practically, nO' 0ne en_ce that 1t lS no~ nee~ssary. to subpa:na. me to s~ure my presence is quite of the several chief superv:lsors has ever been inve&tigated or tried save coaect. I have oeen mvestigated a number of trmes, and it has never yet your petitioner, who, prior to the month of July last had 1Jeen investigated been found necessary to subpcena me. * * * I am, however, by various by Congress or tried before the circuit court, upon chai-ges, on nine QCCa secti0n of the ;r
Here is another letter written to the Comptroller of the Treas ful and conscientious performance of duty as assistant provost ury, December 16, 1892, calling attention to precisely the same marshal, Army of the James.'' He then went with Gen. Butler facts, which I shall put in as a part of the case: · to Lowell, Mass., and remained with him, reading law in his W ABHINGTON, D. C., ])ecemlJer 16, 1892. office, until the fall of that year; when he returned tiJ New SIR: I have the honor to inform you that on the 14th instant I transmitted York, where he was admitted to practice at the b:tr of that State to the First Aud.itor of the Treasury my account as circuit court comm.is in November. sioner for the election of 1892. It contains, among other items of charge, the following: In Oc.tober of 1865, at the request of GBn. Chester A. Arthur, "To drawing 2,400 oaths of oll'lce ot supervisors of election, one folio each Mr. Davenport entered the service of the Hon. E. D. Morgant at 15 cents per folio, $360." then United States Senator from New York, and accompanied I request that this item-although allowed by a decision of the United States Supreme Court-be disallowed by your om.ce. You are aware that him to Washington in December of that year, remaining with prior to the decision of the Supreme Court I never made such a charge, and him during the winter of 1865-'66, when he resigned to accept since that time I have requested that it be disallowed me until such time as from the New York Tribune the charge of its Washington the matter could again be brought before that court. I have no manner of doubt that if I can get the question before the court I office. In March, 1866, at the personal solicitation of Hon. can succeed in having it reverse itself. Zachariah Chandler, United States Senator from Michigan, he Prior to its decision on this matter I had, as chief supervisor, charged the resigned from the Tribune and went to Detroit, where he was Government the cost of printmg such eaths-some fifteen or twenty dol lars-and as commisiioner had made no charge for drawing them. appointed news editor, and subsequently political editor, of the I make the charge now (and have since the decision) simply in the hope of Detroit Post. He remained there about a year, when he was getting the question directly before the court, and that I may so do I also offered the day editorship of the New York Tribune, which he personally pay for the printing of the oaths. accepted. During the latter part of 1867 he resigned from the Very respectfully, yours, JOHN I. DAVENPORT. Tribune and began the practice of law. · (Jhief Supervisor of Elections, Bout/tern JJiBtrict of New York. Following the Presidential election of 1868, the Union League To the FIRST COMPTROLLER OF THE TREASURY. Club resolved to bring about an exposure through a Congres Mr. President, Mr. FITCH also says that this man is a mere ad sional committee of the gross frauds committed at that election venturer, withoutcharacter, withoutstanding, utterly unknown, in the State of New York. Mr. Davenport was retained by the seeking political office. I desire to say a few things about John special committee of the club having that matter in charge as I. Davenport, which I have learned as true beyond peradventure. an atto1·ney to ascertain the facts and the witnesses who could He was born in the city of Brooklyn, hardly a tramp or a vag establish them, and to assist in their presentation to the Law abond. His father was an instructor and educated him at home rence committee, appointed by the House of Representatives. until he was old enough to go to a polytechnic school, where he He was also, during the same year, 1869, employed by the club remained for two years. At the age of 15 he started out for him to draft and urge upon the State Legislature amendments to the self in life. His only capital was his character, his courage, his local election laws. indomitable will, and a letter from his pastor, Henry Ward After the Lawrence committee had closed its hearings, and Beecher, which I shall read: during the year 1870 and the first half of 1871, was sent by th~ BROOKLYN, April 21, 1862. club to Washington as its attorney to represent it in the legis· MY DEAR SIR: My yonng friend, John I. Davenport, leaves here to seek lation it desired to procure to prevent the repitition thereafter his fortnne. I wish that you would for my sake show him kindness and lend him such advice and influence as you may be able. · He is well posted in all of similar offenses in the matters of the naturalization of aliens · insurance and real estate business, is industrious, honest, and enterprising. and the t'egistration and voting for Representatives in Congress. With half a. chance, I think he will do well. The present election law-the act of February 28, 1871-was en I am, very truly, yours, H. W. BEECHER. tirely drawn by him, approved by the club, passed by both Houses He is one of my boys, brought up in my congregation. of Congress, and signed by President Grant. · GEORGE BISSELL, Esq. In the fall of 1870, Mr. Davenport was appointed by the circuit With that capital, at the age of 15 years, John I. Davenport court of the United States for the southern district of New started out; and he has taken care of himself ever since-not by York a circuit court commissioner. In the spring of 1871 he looting the Treasury of the United States, either. was appointed by the same court chief supervisor of elections He was quite expert as a stenographer, and at various times for the southern district of New York, being the first chief su during the years 1858 to 1862, both inclusive, did special work pervisor appointed under the new law. His appointment was in that line for the New York Times and the Independent, and asked for by a very large number of the most prominent citizens in the courts. He lived at home during that time, but paid his of New York. board. In 1862he entered the law office of Ron. Lucien Birdseye, In the late summer and early fall of 1871 came the exposure of who had recently retired from the bench of the Supreme Court the Tweed frauds and the organization in the city of New York of the State of New York, and remained with him until the fall of the committee of seventy, a body of representative cit-izens of 1863. During that time he did special work both as stenog evenly divided as to their political views, whose purpose it was rapher and correspondent for the New York Tribune. to bring about the overthrow of the" Tweed ring" and to reform At the time of the draft riots in New York City, in July, the municipal government. 1863, he volunteerd his services, with hundreds of others, to the Mr. Davenport was three times offered the sole charge of the Police Department of the city, and was sworn in as a special executive work of the committee, so far as the then ensuing elec police officer and did patrol duty until the disturba11ce was over. tion was concerned, the offer first coming to him from some of In the fall of 1863 he was sent to Gettysburg by the New York the prominent Democratic members of the committee. He twice Tribune to represent it as correspondent at the time of the dedi declined to accept the offer, but finally agreed to act for them cation of the battlefield as a cemetery, ,and is one of a very upon the assurance that he should be wholly untrammeled as small number of newspaper men now living who heard Mr. Lin to the selection of his subordinates, and that such sum of money coln's celebrated address there delivered. as he should deem _necessary to carry on the work contemplated Upon his return fl'om Gettysburg he found a letter at the should be voted him, and an auditing committee be appointed Tribune office from James Parton, esq., the historian, with a to finally pass upon his accounts. · request to call upon him: He did so, and was shown by Parton With the assistance of George W. Lyon, esq., whom he asked a letter from Gen. Butler, in which he stated that he had been to act with him, Mr. Davenport improvised an efficient organi ordered to the command of the Department of Virginia and zation with which the polls were manned, and challengers and North Carolina, and desired Mr. Davenport to join him there watchers supplied; furnished the polling booths for each elec as private and military secretary. Mr. Davenport left the night tion district, made copies of the registry lists, caused the same of the same day for Fortress Monroe. ShortJy after joining Gen. to be examined, printed all the ballots, distributed them to the Butler he was appointed chief of the bureau of information of various polling places, sent every voter a sealed letter contain the department, and had the oversight and control of the scouts ing the ticket indorsed by the committee of seventy, and did and spies therein. numberless other things found to be necessary in such a cam Early in 1864 he was commissioned as lieutenant in the First paign. The result of the election was a change in the admin United States Colored Cavalry, and was assigned to the staff of istration of affairs and the subsequent prosecution of Tweed Gen. Butler as aid-de-camp. Shortly thereafter he was appointed and others. · the assistant provost-marshal of the Department and of the Mr. Davenport asked for this work an appropriation of $22,- Army of the James at Army headquarters. 500, which sum was voted him, and upon its completion he turned In October, 1864, he was ordered to New Yorkwith Gen. But over to the committee the sum of $1,500 and the vouchers for ler, and was appointed provost-marshal of the Department of the the expenditure of the $21,000 disburaed by him. His accounts State of New York. This was at the time when the city of New were audited and approved. York was threatened with a renewal of the riots of 1863. Subsequent to the election the Young Men's Democratic Club After the Presidential election of 1864 was over he returned madechargesagainstMr. Davenport to the committee of seventy, with Gen. Butler to Vir~inia and resumed his duties there, re alleging that some of the men selected by him to care for the in maining until the general was relieved from command in 1865. terests of the ticket recommended by the committee, which con Mr. Davenport was subsequently brevetted a. captain" for faith- tained both Republican and Democratic names, had given out 1934 CONGRESSIONAL "RECORD-SENATE. FEBRUARY 6, the party ticket of the Republicans and not the ticket of the PASCO] objected, stating that he preferred to have the exten committee. sion until to-morrow, if there be an extension at all. l there Mr. Davenport requested to be furnished with the statement of fore ask that the original suggestion made, that the time may the Democratic club, and immediately answered it and demanded simply be extended, the time for the vote to be fixed hereafter, a;n investigation by the committee on elections, whose chair may be put to the Senate. man was Joseph H. Choate, esq. His request was acceded to, Mr. PASCO. The Senator having the bill in charge [:Mr. and the committee, after looking into the matte:r of the charges, GRAY] is in the Chamber, and with respect to anyextension be and hearing evidence upon both sides, unanimously reported, yond the time fixed I think he should be consulted. I have that while th-ere were individual instances in which his em nothing to say with reference to a further extension, but some ployes had acted as charged, that it was contrarytohismostex of us have engagements later in the day, which would be inter pliolt directions and to all his efforts, and was wholly without fered with if the vote were taken later than 5 o'clock. his knowledge or complicity in any manner. Mr. HOAR. The debate on amendments after 4 o'clock is to The election being over, the committee of seventy then re be a five-minute debate. tained Mr. Davenport .to probe to the bottom the methods of con Mr. GRAY. I should like to ask the Senator from Florida ducting the registration and voting in the fourth senatorial what his proposition was? I did not hear it. district, from which Mr. William M. Tweed was returned tothe Mr. PASCO. The proposition came from the Senator from State senate. New Hampshire. This was done, and Mr. Lyon·ana Mr. Davenport then pre The PRESIDING Ol!,FICER. The Senator from Massachu pared for presentation to the senate a petition for a contest of setts [Mr. HOAR] asks unanimous consent that the time be ex the right of Twee'd to hold his seat in that body. Evidence was tended indefinitely, without naming any hour for taking the also obtained and similar petitions prepare-d for other contests vote. in both the senate and assembly. BothMessrs. Lyon and Dav Mr. GRAY. I object to that. enport were then retained to draft a new election law applicable Mr. HOAR. I think the Senator from Delaware does not to the city of New York. This they did, and the same was ap know what took place. _ The Senator from New Hampshire said proved bythe committee, and Mr. Davenport was .sent toAlbany that he desired to have an extension of time for one hour. One to urge its p:issage. The bill was passed three times before it or two Senators on the other side of the Chamber have given was finali.Y signed by John T. HoffmR.n, who was then governor. notice that they wish to speak; both Senators from TenneBsee In 18-';3-:J\fr. Davenport was appointed attorney of the board of and one or two Senators on this side desire to speak very briefly; health of the city of New York. Early in the same year he was and I wish myself to speak about ten minutes. The senior Sen offered by President Grant the postmastershlp in the city of New ator from .Tennessee interposed that he prelerred that the time York. Though strongly urged to accept it, and assured that should be extended without fixing any hour. Then the Senator every effort would be m"ade bythe Administration to bring about from New Hampshire modified his request, adoptin~ the sug a considera,ble increase in the salary of the nffice, then $6,000, he gestion of the Senator from Tennessee, but coupling 1t with an declined to accept the place. understanding that there should be a final vote before the ad In May, 1 44, he was appointed attorney and counsel to the journment to-night. bo: rd of JJOlice and to the commissioners. . That wa.s objected to by the Senator from Florida on the In January, 1876, he was appointed clerk to the United States ground that if there was to ba any extension ab all, he would circuit court and examiner in equity and a master in chancery. rather hs.ve an extension until to-morrow. That being objected He resigned the clerkship in 1880. to, I suggested that the original suggestion of the Senator from It will be observed that since he began the practice of law he New Hampshire should be put. I think I should myself, if there h held no office save such as were in the line of his profession, be no objection, like a brief extension. One or two Senators unless it be the chief supervisorship, which is so closely allied have spoken who had not given notice beforehand of their in to :it and must be held by a United States commissioner, as not tention to do so, and, therefore, one or two Senators who had to take it out of such a category. ... intended to speak will be deprived of speaking. I wish to speak I -propose to read letters requesting his appointment as clerk myself about ten minutes, and I understa.nd that the Senator of court. _ from Ohio wishes to speak about ten minutes. If the Senator Mr. CHANDLER. Mr. President, if it will notinterruptthe from Delaware will solve this knot for 11s, which I a.m sure his Senator from Maine, I ask unanimous consent that the J;ime for courtesy will induce him to do, in any way that occurs to him, I the taking of the vote on the pending bill may be extended until will agree to it. 5 o'clock. It is due to the Senator upon the other side of the Mr. HARRIS. Mr. President-- Chamber who proposes to close the debate that he should have Mr. GRAY. May I interrupt the Senator from Tennessee for sufficient time. There will be plenty o! time to vote between 5 a moment? and 6 o·clock. Therefore I ask unanimous consent that my re Mr. HARRIS. Certainly. quest be acceded to. Mr. GRAY. So far as I am concerned, I was quite willing to Mr. HARRIS. I should like to suggestto-the Senator from accept the suggestion o! the Senator from Tennessee that the New Harupshire, if the time is to be extended at all, instead of debate be continued without fixing a time for its close, except fixing"the precise hour, to let it :remain an open matter, so that that a vote should be ha-d before adjournment. I think now we may r~spond to what may seem to be the necessities of the that that would be th~ best solution of the question, and person case. ally I should be very glad indeed if the Senator from Florida M:r. CHANDLER. Then I ask unanimous .. consent that the would not object to that arrangement. time for taking the vote be extended, and that· the vote be taken Mr. HARRIS. I rose for the purpose of appealing to the Sen before adjournment. - ator from Florida to withdraw his objection to the request of the Mr. HARRIS. That is perfectly satisfactory to me. Senator from New Hampshire. That an extension of time for The PRESIDING OFFICER (Mr. BERRY in the chair). The the gener~ debate is necessary, there can be no doubt, but yet Senator from New Hampshire asks unanimous consent that the I am not myself willing to abrogate the consent ruleunderwhich time be extended for the taking of the vote, with the understand we are acting. I hope the Senator from Florida-will withdraw ing that the vote shall be taken before the adjournment this his objection to the request that the time for debate may be ex evening. Is there objection? tended, with the distinct understanding that we come to a vote Mr. PASCO- If there is to be any extension of time, I trust before the Senate adjourn to-day. it will be until another day. Mr. FRYE. I do not like to surrender the floor much longer. Mr. HUNTON and others. Oh, no. The PRESIDING OFFICER. The Chair will again put to Mr. PASCO. I would prefer that the vote should be taken at t11e Senate the request of the Senator from Tenne see. The 4 o''clock this afternoon, or else at some time to-morrow. Senato1· from Tennessee asks unanimous consent that the time The PRESIDING OFFICER. The Chair understands the be extended, with the understanding that the final vote shall be Senator from Florida to object. taken before adjournment. Is there objection? Mr. HOAR. Will the Chair ask unanimous consent as orig Mr. PASCO. I -shall not stand in the way of a unanimous con inally proposed, simply that there be an ex:tention of time, leav- sent after the statement of the Senator from Delaware [Mr. ing the hour to be fixed herea.fter? - GRAY]. I suppose that others besides myself might be incon The PRESIDING OFFICER. The Senator from Mass:achu venienced by it. I certainly shall be; but after the seconding setts will please restate his proposition. The:rB were two prop of the request by the Senator 1ul.ving the bill in charge, I shall ositions? make no.objeetion; but my personal convenience would be pro Mr. HOAR. The Senator from New Hmnpshire •[Mr. "CBAN moted if the matter should be postponed. My preference was DLER] at the suggestion of the Senator from Tenness.ee [Mr. that it should go over until to-morrow and the time for taking HARRisl requested tha.t there be an extension of the time lor the vote be fixed at some hour to-morrow, but I shall not stand talring the vote with the understanding tha;t it shoula be rtaken in the way of the ,unanimous consent. befor-e ~iournment, to which the ·senator from :Florida [Mr~ .Mr. CULLOM. If the Senator is to beinconvenienced~tly 1894. CONGRESSIONAL RECORD-SENATE. 1935 by being kept here this evening, itseems to me there is nothing enport may not be overlooked. I think that he will bring to the ofllce a know ledge of its necessities, habits of systematic and orderly procedure, perfect; so pressing as to require that we should vote to-night upon the management of details, and personal integrity, and these would insure a bill. I do not care anything about it myself. satisfactory discharge of all ofllcial duties. Mr. FRYE. Is this matter settled, Mr. President? i am, dear sir, with great respect, your obedient servant, C. A. SEWARD. ThePRESIDINGOFFICER. Not yet. TheChairwill again Ron. A. S. JOHNSON, put the question. Is there objection to an extension of the time Circv,it Judge. for taking the vote, with the understanding that the -vote shall be taken this afternoon? Here is a letter from William Fullerton, also a judge: Mr. GRAY. At the suggestion of Senators on this side of the [Law ofllces ot Fullerton, Knox & Crosby, Equitable Building.] Chamber and in _view of what the Senator from Florida [Mr. NEW YoRK, Nor;e:mber 15,1875. DEAR SD;t:. Having learned that John I. Davenport, esq., is an applicant; PASCO] has just said, as he desires to speak upon the bill, and for the position of clerk of your court, I beg to say that an acquaintance there are one or two Senators on this side as well as upon the of many years with that gentleman enables me to bear testimony to his other who have given notice of their intention to speak-- worth and fitness for the place which he seeks. I do not know of anyone in the circle of my acquaintance who would discharge the duties of that Mr. PASCO. I do not wish to speak myself. I do not know position with greater satisfaction to yourself and to the public than the that I shall take any part in the debate . . person named. I trust tha~ he may receive the appointment. Mr. GRAY. I ask unanimous consent of the Senate that the I am, sir, your obedient servan.t, WILLIAM FULLERTON. time for taking the vote on the main question be extended until Ron. ALExANDER S. JOHNSON. 3 o'clock to-morrow, and after that time the debate sha.ll con i;,inue on amendments under the five-minute rule until a conclu Again, here is a letter from William A. Beach, known to ev sion is reached. erybody in the United States Senate, who has been a Democrat Mr. ALLISON. I hope that will be done. all his life: Mr. STEWART. Before that is done I ask that the resolu [Ofllces of Beach & Brown, attorneys and counsellors, Equitable Build.ing.] tion in regal'd to bonds, which was introduced by me, be also NEW YORK, December 29,1875. postponed until the next day in place of the time fixed. MY DEAR JUDGE: Understnnding that a change is intended in the incum bency of the circuit clerk's ofllce, I beg to commend for that position Mr. Mr. COCKRELL. That follows as a matter of course. John I. Davenport. I am sure any change will be welcome and that the sue Mr. STEWART. I shall not object if the understanding be cession of Mr. Davenport will make it doubly so. He has been sometimes that that resolution shall go over until the next day, and that criticised about election times for his vigilance in SUJJpressing fraudulent voting. but I think him a competent and efftcient officer. He has adm.1rable it may then stand as it now does. executive qualities, and I doubt not will administer the clerk's office to your Mr. CULLOM. That is all right. sa.tib'faction and the approval of the profession. The PRESIDING OFFICER. The Senator from Delaware Very truly, yolll'S, asks unanimous consent that the time for taking the vote be W.A.BEACH. postponed until3 o'clock to-morrow. Is there objection? H?n· ALEXANDER S. JOHNSON. Mr. STEWART. I want the arrangement I have suggested Again, from a leading Mugwump, Hon. Francis C. Barlow: incorporated in the agreement. [Ofllce of Barlow & Olney, 206 Broadway, attorneys and counselors.] Mr. CULLOM. There will be no objection to that. NEW YORK, January 5, 1876A D:EAR Sm: I desire to cordially recommend Mr. John I. Davenport !or the Mr. STEWART. Probably it is not necessary, because there position of clerk of the United States circuit court, which I learn is about to are some other special orders, and I do not wish to have any dis become vacant. I do not hesitate to say that I think that Mr. Davenport has pute about it. preemtnently the qualities which will make a.n efficient clerk. His long ex perience in the ofllce of chief supervisor, etc., and in kindred positions, has Mr. HARRIS. The Senator from Nevada certainly must shown his capacity for a position requiring methodical accuracy and skill know that when, by unanimous consent, we take away the time of arrangement of records, etc. His ability is unquestioned, and his integ which has been awarded to him, he can not suspect that there will rity has stood the test of very sev&e scrutiny and attack. I do not speak upon political grounds or .from political motives, but becau.se I think that be any objection to extending the time for considering his resolu he is uncommonly well qualified !or this place. tion .on the same terms, and why should he complicate this re Very respecttnlly, quest with a second and another request? FRANCIS C. BARLOW. Mr. BERRY. Mr. President, there is a special order which Hon. ALEX. S. JOHNSON. was to come up immediately after the elections bill, the general Again, from Governor 'Cornell: understanding being that it was to come up to-morrow at 2 NEW YORK, NO'Oembe'f 6, 1875~ o'clock. That has precedence of the special order referred to by MY DEAR Sm: It has come to my knowledge that John I. Davenport is an applicant tor the o:lllee or cler!r of the United States circuit court. the Senator from Nevada [Mr. STEWART]. I do not wish any !have known Mr. Davenport for many years, personally. I made his ac order made which would displace that by any unanimous con quaintance most intimately while the committee of seventy was in exist sent agreement, and give preference to the order of which the ence, and of my own personal knowledge I say that Mr. Davenport did very important and constant work during his connection with that committee. Senator from Nevada speaks. I would very much prefer-- This connection gave me personal knowledge of the fitness of Mr. Daven Mr. FRYE. Mr. President, I decline to yield further. port for any office requiring good judgment and order of execution. His Mr. BERRY. I shall be through in a moment. long experience in publlca:l!airs, without a stain upon his charact-er, justifies the strongest statements in regard to his qualifications for the omce he Mr. FRYE. I shall not interrupt the Senator. seeks. Mr. BERRY. I object to any a.,lYreement which would dis Very truly, place the order heretofore made, so as to give the bond proposi J. S. SCHULTZ. tion of the Senator from Nevada the advantae:e of the other. Judge A. S. JOHNSON. I cordially concur in the above. That is what I object to. A. B. CORNELL. Mr. FRYE. Mr. President, the letter I am about to read is Mr. Davenport is a man of remarkable ability and energy, and whatever from George C. Barrett, judge · of the supreme court and a he does is so well done that I can not believe a better man for the position Democrat all his life. Remember, this was in 1875, after -John could be found on the most diligent search, here or elsewhere. I. Davenport had been running elections in New York City for JOHN K. PORTER. four years, and they knew what they were talking about: Mr. President, in about four y~ars from that time Judge John· son died, a new clerk was to be appointed, and it was feared that SUPREME COURT, NEW YORK, November 8, 1875. the new judge, Judge Blatchford, might have r.ome other can DEAR Sm: Having learned that the name ol Ron. John I. Davenport is to be presented to you for the position of clerk of the circuit court 1n this dis dida.t.e in view than Mr. Davenport, who had been serving four trict, I desire to say that I was personally cognizant of the great services years.. These letters were written in 1878: which Mr. Davenport rendered to the cause of good government in this city OFFICES OF BEACH & BROWN, 1n the year 1871. That was the year when the great ring was overthrown, and the people are as much indebted to the wonderful industry, fertility of New York, March 2, 1878. resources, and executive capaeity of Mr. Davenport for the successful ter MY DEAR Sm: You will not, I hope, consider it officious that I write a mination of the battle as to a.ny other engine which was brought to bear. word 1n behalf of your present clerk, John I. Davenport, for whose displace It seemed amazing to me at the Ume that so young, delicate, and seem !lle~t, I am ~formed, a movement is contemplated. In the general petition ingly frail a man could go through so much and live. m his favor signed by me, among others. I have disclaimed any intention to I am not in a position to recommend gentlemen 1n the Republican ranks interfere with your prerogative , and you know too well my eunest respect to oince, but I feel that I ought to say what I know about any given !act. · for yourself to suppose I would presume to do so. I have rare admiration Very respecttnlly, your obedient servant, for the executive ability of Mr. D. He has, in my jud,.ument. greatly im· GEO. C. BARRETT. proved the administration of his <>fllce and seems to be a.n exceptionable Bon. A. S. JoHNsoN, ofllcer. I think, also, he is entitled to the gratitude of this community for Circv,it Judge, etc. the services he has rendered in other directions, which have not been ade quately appreciated. These may not entitle him to your especial eonsider& tion, but they are to me additional motives to do what I possibly can tore Here is a letter from Clarence A. Seward, who was a Republi tain him in his present position. Please accept my assura'nces of sincere can: re<;pect and regards. 143 FIFTH A VENUE, NEW YoRK. November 6, 1875. W. A. BEACH. H on. S. BLATCHFORD. DEAR Sm: It is currently reported heTe that a change is intended 1n the incumbent of the clerk's office of the circuit court of the United States tor ADemocrat- this district. 0! course. I am not in any way advised as to the foundation! or Mr. HARRIS. Will the- Senator indulge me for half a such a rumor, and it may be groundless. If, however, it should be well founded, I venture to express the hope that among the many who will, as I minute? assume, be suggested as worthy ot the position, the name ot Mr. John I. Dav- Mr. .FRYE. With pleasure. 1936 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
Mr, HARRIS. I now renew the suggestion made by the Sen Four attempts were made to remove him from office, and ev· ator from Delaware [Mr. GRAY] a few moments since, that the ery time, after thorough investigation, resulted in a verdic~ in time for taking the vote be extended until 3 o'clock to-morrow, his favor and his continued retention in office. and that the debat.e after that hour upon amendments be under These are the cases: the five-minute rule. 1. In the matter of the charges against John I. Davenport, Mr. FAULKNER. And that we vote to-morrow. before Woodruff, United States circuit judge, 1874. Mr. HARRIS. At 3 o clock tomorrow we begin to vote, the II. In re Coleman, before Blatchford, United States circuit general debate to close at that time. judge (15 Federal Reporter, 406), in 1879. . Mr. BATE. And that the consideration of the bill be re III. In re Davenport, before Blatchford, United States cir sumed to-morrow morning immediately after the conclusion of cuit judge. B.eferred to Commissioner Lyman to take testi the formal morning business. mony. Begun in March, 1879, and abandoned October 20, 1880, Mr. HARRIS. Of course. following the decision in the case next below mentioned ten Mr. FAULKNER. I understand the Senator from Tennessee days before. [Mr. HARRIS] to mean that we shall vote upon the final passage IV. In re Davenport, as chief supervisor. His instructions. of the bil1! before adjournment to-morrow. Before Justices Blatchford and Choate, 48 ·Federal Reporter, Mr. HARRIS. That is exactly what I mean. _ 527. (See page 532.) Decided October 10, 1880. The PRESIDING OFFICER tMr. GALLINGER in the chair). Mr. President, I have examined into the methods of Mr. Daven Is there objection to the request of the Senator from Tennessee? port, and I say without the fear of successful contradiction, that The Chair hears none, and it is so ordered. they were preeminently fair and just to the men with whos~ Mr. FRYE. I also readaletterfromFrancis G. Barlow, dated purposes he was undertaking to interfere. There were 30,000 at the same time with the others, 1878: fraudulent naturalization papers in the hands of voters in the - OFFICE OF BARLOW & OLNEY, city of New York. It was his duty as supervisor to recover New Yo1'k, Marcil. 13,1878. them. He proceeded to do it; be gave them ample notice; he DEAR Sm: If you will not consider it intrusive I would like to say a few sent them circular after circular; he declared in those circulars words 1n favor of the retention of John I. Davenport, esq., as the clerk of that he would give them every opportunity, if they would sur the circUit court. Mr. Davenport has an uncommon capacity fo~ such a position, having a natural and a~uired habit of order and method extremely render their false papers, to obtain new ones, even to the ex valuable in such an ofllce. I am mformed that under his administration the tent, in some cases, of doing it without expense to them where utmost order has pre'l.ailed in the records of the clerk's ofllce, where there was formerly great disorder. He is also a. man of untiring energy and vigor. they were innocent holders of the papers. I have known him a great many years and desire to speak cordially or his In 1878, when he had reduced the number of those pape-rs down ability and integrity and to say that I should be sincerely glad to see him to 10,000, he concluded that it was time to recover the balance. retained. Very respectfully, What did he do? He sent to John Kelly, and told him that he FRANCIS C. BARLOW. was going to recover the rest of the 10,000 papers. He said to Hon. SAMUEL BLATCHFORD, Mr. Kelly: "Now I wish you to appoint a committee of three Circuit Judge of tae United States, New York. leading Democratic lawyers, to act with three I will name; we Here is a letter from Judge Fullerton: · will have an office, go over every case of any man who comes be LAW OFFICES OF FULLERTO~ KNOX & CROSBY, fore us with a naturalization paper of 1868, and determine New rork City, Jlarca u, 1878. whether or not it is a fraudulent paper, and if it is, we will give MY DEAR Sm: I think it but fair that as a member of the bar I should give expression to the hope that Mr. Davenport, the present circuit court clerk, the man time to obtain new papers, he surrendering the old." will not be removed from his present position. 'l'he manner in which be has Then he sent a circular to every man supposed to hold one of administered the affairs of that ofllce has been so acceptable to the profes those papers. sion generally that I think they would regard it as a great misfortune if he should lose his place. Remember this was in the last of July. He told them, "I will Yours, very truly, meet you in the last of July so as to give ample time to obtain WILLIAM FU.LLERTON. new papers if you are compelled to surrender your old; and I .Eion. SAMUEL BLATCHFORD, United States Circuit Judge. will go one step further, I will sit night and day, so that men Here is a letter from William C. Whitney, then corporation who are at work will not be compelled to lose their wages, but counsel of the city of New York and late Secretary of the Navy: can come to me in the nighttime." Everything that that man could do in the interest of the men who held these papers was [Law Department, Office of the Counsel of the Corporation.] offered to be done by him. That committee was appointed. It NEW YORK, Jfarca 16,1818. MY DEAR Sm: I understand there is under conside1·ation by you the matr sat in its chambers for a few days, men brought in their papers, t.er of clerkship of the United States circuit court, and I wish, as one or and the evidence was so overwhelming that the Democrats with· those having occasion to know, to testify in behalf of the gentleman now drew finally, set up headquarters of their own, and issued a cir tilling that place. I have never seen such immediate and thorough changes to take place in cular of their own to the men holding these papers whose a public office as occurred when he took the place, and there is but one sen names they had learned in this investigation, and said to themi timent in the bar, and that is that tor etllciency and system he and his ad "Come to our office instead of going to Mr. Davenport; we wil ministration are beyond criticism. I had occasion some months since, in making some contemplated reforms take your papers, and we will see to it that you get new ones, in this office, to make acquaintance of the books and bookkeeping and general and they did it. The result was that all of the fraudulent pa system or the circuit clerk's ofllce, and I commend it in the highest possible pers, except 1,200, were recovered, and probably the most of the terms. This is particularly the reason or my knowing in detail the value or 1,200 were held by men who had moved away,·and some were the reform introduced by Mr. Davenport. ~ Very respectfully yours, given originally to men who had since died. WM. C. WHITNEY. So it is safe to say that Mr. Davenport in twenty-three years Hon. S4MUEL BLATCHFORD. cleaned out that Augean stable in New York City thoroughly Mr. President, I have read in the hearing of the Senate the and completely, and I do not believe that another man could statement in a speech of a Representative from New York, Mr. have been found who could have accomplished it. I never saw Fitch, in which he declares that this man was an adventurer, the man who had the power. that that man has. He may work practically a vagabond, a tramp, unworthy of trust; a man who all the day long and all the night too, and show no sign of weari was seeking only for office, for political preferment, and who had ness. His face always pale, clean-shaved, showing no more not any capacity or any right to be ambitious in that regard. pallor after the work of forty-eight hours continuously tha.n.when I have read now in your presence letters written in 1874 and in he commenced. He has an indomitable will. He is utterly 1878from the very leaders of the State of New York, in which fearless. No man can frighten him from his course. He has they emphatically declare the exact opposite of what Mr. Fitch faced worse people than the Senator from Indiana described as declares: that Mr. Davenport not only is entitled, but that he the deputy marshals in Indiana many and many a time, but he has all the qualities of integrity, of honesty, of efficiency, to en never quailed before them. He pursued his work and discharged title him to hold public office. the duty incumbent upon him under the law of the land. Mr. President, Mr. Davenport for twenty years of his life has Mr. President, that man ·has silently submitted to the abuse had to face what? Why, just the men the Senator from Indiana which has been showered upon him during all these years characterized as thieves, robbers, murderers, and sluggers; he showered upon him by the men whose purposes he stood in the has had to face the entire corrupt and wicked element of that way of accomplishment, during all this time in my belief, hav great city of New York. For twenty years he has been stand ing himself but one wish, and that was to enforce the law as it ing right athwart their course, and yet during all that time ar was upon the statute book and to secure honest elections. That resting, as you say on your side, thousands and tens of thousands man, sir, has occupied a position during these years when hun of men, committing trespass every hour of the day when regis dreds of thousands of dollars could have been poured into his tration or election was in progress, there never was but one suit pocket if he would have held his hands off, and he is poorer to brought against him for trespass during the whole twenty-three day than he was the day he took office; yet, Mr. President, Mr. years of his official life. He filed his answer, the ca.se was dis Fitch characterized him as an adventurer, as a pillager, as a missed, and tbat was the end of it. No indictment was ever looter of the Treasury. . found against him; on informations ever lay against him. During all these years of attack, as.I was about to say. he has 1894. OONGRESSION~L RECQRD-SENATE. 1937
been silent in the press and elsewhere, exceptwhenhe has been Besides, Mr. President, it seems, from the statement of the called upon as a witness by Congressional committees, and then honorable and learned Senator from Maine, that Davenport has he ha.s routed them every time, horse, foot, and dragoons. been publicly charged with practically being a thief, and it I remember very well indeed that committee o1 1875, called seems, from the same statement of the honorable and learned the Caulfield committee. I was then a member of the House. Senator, that he bas been charged, and publicly charged"with· The Democrats had just obtained power. I do not know but out contradiction, unless that be counted such which bas been what the Senator from Virginia [Mr. HUNTON] was there. It made this afternoon, with being a tramp and a vagabond. Mr. was the meanest Congress that was ever assembled in the United President, ii I desired to attack any one here or elsewhere the States of America. [Laughter.] It wa.s sui generis, there was game must be a little fresher than this. never anything like it. The Senator from Maine went on to criticise from his sources Iamnottalkingaboutindividuals. TheDemocratsconceived of information the character of a list of names read byrne as it to be their. duty for some reason or other to put out a drag-net Federal appointees in New York. That list of names was taken to find that something wrong had been done by the Republicans, from a debate in the House of Representatives at the last extra. who had been in uninterrupted power through years, and. im- session of Congress. It was made there by a. gentleman repre mediately there were organized fifteen or twenty investigating senting one of the districts of the city of New York in the pres committees, sitting in their closed chambers, sending out their ence of his colleagues of both political parties representing that drag-nets, employing their detectives, and using their spies all State, and this statementwa.s read as true and as correct, without through that session of Congress. Hon. Barney Caulfield got up b6ing questioned or denied. I read it a.s true. one committee to investigate what? President Grant and John That was not the only time Davenport appeared in the public I. Davenport, and the New York papers had headlines: "Grant records, for, as the S3nator has said, he has been appå to be impeached; Davenport to be removed," and Caulfield took from time to time upon consideration of this question for the the war path. last fifteen or twenty years. 1\fr. GRAY. Secretary Belknap wa.s removed. The honorable and learned Senator says that Davenport has Mr. FRYE. He was, and I pitied him. Did not you? been silent about all these charges. He has been silent, sir, for Mr. GRAY. Yes. that lengtb. of time, and tb.e Senator thinks that silence means Mr. FRYE. Barney's committee met. Davenport came over I only that he has been patient in forbea1•ance. Mr. President, here with about half a ton of books and papers, and appeared there is another meaning to be attached to silence, especially so before it. Mr. Conger, afterwards Senator, a member of the prolonged and so deliberate. Silence gives consent; silence committee, moved that the doors be opened, and the committee, gives assent; silence accords truth and veracity to the charges. with a good deal of insolent abuse, said "No." Mr. Davenport I will take now from the history of these charges, as given by then a.sked them to employ 2. stenographer, th:o>.t the evidence the Senator from Maine, one item to prove the correctness of might be -taken down and correctly reported, and Mr. Caulfield the whole list. !tis well known that one citizen of New York wanted to know if he meant to insult him by an intimation that city, of reputable character, who had his name inserted in the he did not intend to report it correctly. Mr. Davenport said, list of these appointees, sued the World newspaper there and "I wish to be reported correctly and exactly." recovered substantial damages simply because his name was in- The committee refused. Then Mr. Davenport said, "I will serted amongst these employes under the Federal election laws. furnish a stenographer myself and pay his bill if you '!ill have Tbat is the only suit that was brought. There was but one one." It was refused. Mr. Caulfield asked Mr. Davenport, suit and the one suitor; and I take it the presumption is not to "Where do you live, sir; what is your age, and what is your be escaped from t-hat every other man in the list was of that business?" Mr. Davenport was a very skillful stenographer; be class as described, was of such a character as he could recover sat down in the chair, wrote out the question in shorthand, then no damages, and was so well known as a tramp and a vagabond wrote out the answer, then read the question and then the an- that no charge could be made against him in the World for swer. Mr. Caulfield said next, "Have you held any public which he could recover damages; that his reputation and char office, sir?" Mr. Davenport wrote out the question and the an- acter were utterly gone. Indeed this fact verifies the whole list; swer, and read it. Mr. Caulfiel~ said, "See here, what do you it verifies exactly the statement made by. the Senator from In mean? Are you going to continue that all through this ex- diana upon this floor. Of the names as read, there was not a amination?" Said Mr. Davenport to him," I am. I am going name of a reputable citizen of New York, with a single excep· "Co know when this investigation is over what I have testified to, tion, in the entire list. and the world is going to know it, too." The committee took The Senator from Maine speaks about the description I gave, another vote, and opened the doors. It would have taken them a very picturesque description as it might be called, of certam six months to have concluded the investigation. · appointees under the Federal election laws in Indiana. I saw Another peculiar thing which came to my notice at the time those appointees. I saw them in file ready to take the oath oi was that Caulfield, or somebody, put on to Davenport a couple office, and I repeat again there was but one good eye apiece of detectives. Remember, this was some kind of collusion be- amongst seven of them. [Laughter.] tween President Grant and Davenport which they were investi- The Senator from Maine thinks that there mig-ht have been gating, some horrible mare"s nest. The detectives had not been an ex-Union soldier in this number. I assure him there was on his track two davs before he knew it. He reversed the con- not. I never saw a soldier on the force. I do not believe an ex dition by _putting two on the chairman of the committee[laugh- Union soldieror a Union pensioner was ever appointed upon that ter], and they remained on. during the investigation. When the force, or ever thought of serving upon it. investigation was over Mr. Davenport informed the chairman of These eyes spoken of were lost. How were these eyes lost? the committee of what he had done. [Laughter.] One could easily tell by looking at the facehowtheeye had been Mr. President, in every attack ·made upon Davenport, wher- lost. You could easily tell how the eye was missing. It was ever he bas been permitted to appear and make answer, he has lost by pieces of glass ox:. splinters flying from a window which routed the enemy, as honesty and fixed purpose always will. he was trying to break open in the night-time in some act of Mr. President, I have spoken these words because I admire burglary, or in escaping after the commission of such an act. John I. Davenport; I believe in him; he ha.s many of the finest Those were the one-eyed Cyclops who were to enforce th~ Fed- r qualities I have ever seen in any man. I believed that a defense eral election laws. The arms had disappeared at different was his due, as he was about retiring .from public office. My lengths. No soldier's wounds ever resembled these; no military only regret is that it has been so weakly made by me; but it has amputation ever resembled them. The arms were lost in steel been honestly and conscientiously made. traps; they were lost in burglaries or attempts at housebreak- Mr. HARRIS. Mr. President- ing, and the eye and the arm were missed, and the abbreviated Mr. TURPIE. I ask the Senator from Tennessee to yield to fingers were lost in the same manner. These were men who be· me to enable me to reply to the Senator from Maine. longed to the criminal cla.sses and led lives of crime, whose char· Mr. HARRIS. I yield to the Senator with plea.sure. acter was stsmpad upon their faces, whose bodies bore visual evi· Mr. TURPIE. Mr. President, the honorable and learned dence of the service which they had rendered in the kingdom Senator from Maine says I have made an attack upon Davenport. of Satan and of narrow escapes which they had made in that serv I made no attack upon Davenport. I mentioned Davenport ice. Such was the character of these appointees. th~ee times in my remarks, twice as "Davenport:" I hesitated The honorable and learned Senator from Maine says that Dav· very much .about app,ly~ng to him even that very honorable and en port has never been sued, or, if he has been ~ued, ~e has made an01ent epithet of · miSter" for "master." I have not done a successful defense. We have undertaken m Indiana to sue, that, and I intended to avoid doing it. , just as the Jewish rabbi might in New York, who was arrested What I said about Davenport was this, that certain things I for being an unlawful voter, or a.s the black_smith who owned the occurred during the Federal supervision of elections ii! New I building in which the registration board met, and wboforthirty York by a person of the name of Davenport, and I made no other years lived in the neighborhood, was arrested by one of these oJ.lusion to him. _ deputy marshals as an unlawful voter, might have sued, and sued XXVI-122 ...
1938 CONGRESSIONAL RECORD-SENATE. FijBRU.ARY 6, without result, without recovery, against a responsible J>8rson, leged o:fl'enders belong. When I shall hear the Senator from as Davenport might possibly be thought, through common a<>- Maine arise upon this floor and rebuke persons of his own party ceptation. to be in this case. · that others think to bB worthy of such criticism, I shall realize Hut what is the result? Unless the ohiefsupervisoris present that he is on a plane with the Democrats from"Virginia. But I and actually orders the arrest the courts hold that he is not have waited long for such an incident to happen, and from him liable for tne acts of these subordinates· that he is not liable in yet I have heard and s.een nothing, save his ability, exercised any manner for the acts of these appointees, and because these with great passion and great effect, to defend what many honest a-ppointees are always made up of the most unprincipled and the people in this country regard as fraudulent transactions about most criminru classes that can be selected outside of the jails and elections, and to hold up to highest eulogy as an illustrious his outside of the penitentiaries, thoroughly irresponsible, and be toric character, whose entire biography should be read to the cause for their acts known to be those of violence and of fraud, people of the United States, one who does not stand in the g~ the appointing power, the judge, the marshal, or the chief sup eral public estimation in quite the same fine-colored light in ervisor can not be held responsible; for that very reason this which the Senator portrays him. · flood of F.ederal thugs and thieves are precipitated upon a peace Mr. President, I hope I am as cautious as any good man able community on the eve of every Presidential or Congres who realizes the value of another's character, .and I hope I am sional election. always cautious-I certainly strive to be-in delivering any stric It is because of their want of responsibility, and because this tures upon men which may concern their status and standing in law provides no method of reaching the author of these. evils .a community. I know how difficult it is through the light of that there is no recovery. It is not because the chief has not partisan newspapers to reach a correct estimate, but I have committed trespass. It is not because he is not a violator of seen it and heard it stated respecting this gentleman, who ]s so rights, not because he is not false to the law and a traitor to highly and flatteringly indorsed by the Senator from Maine, liberty, but because with impunity under this Federal election that he accepted money while he was a public officer of the law he may outrage the liberty of the citizen at pleasure and ·united States from a political club in New York, the Union lose nothing in consequence from the money he may put into League Club, to be employed by him for the purposes of detect his purse as salary. _ ing frauds in elections. Now, sir, I do not think that anything has fallen from the lips I am advised that the present Chiei Executive of the United of the honorable and learned Senator from Maine which ought States dismissed from office an attorney who accepted money to be for a moment considered as impugning the truth of the from outside parties for the purposes of prosecution. I would charaes made against Davenport. I should think that the Sen submit to the calm and good judgment of the Senator from ator had come here to bury Davenport, not to praise him. It is Maine this question of political ethics: If a public officer is desl very singular that he delivered such an elaborate eulogium on ing with the delicate concerns of Government, .and receives Davenport just as Davenport is dying mid is about, I hope, to be from the public purse the means of carryin~ on governmental laid in the everlasting sepulcher of oblivion. The electors of investig-ation, is it admissible, according to hlS views of political the whole United States, inNovember,1892, settheir"Seal of con ethics, for that public officer to receive from the hands of par demnation upon this system, and especially upon the executive tisans of his own party a fund to be employed in the direction of officer and officers of this system, and just as we are to consign detecting frauds at the polls? them to the tomb forever, perha-ps there might be a funeral ser Th~ private purse of the citizen and the p~blio purse ol the mon, and it ought not to be too severely criticised. country must be separated from those transact10ns m which the But where do these denials come from? They come from the -characters and liberties of men are to be passed upon by those accused. They are not corroborated in any way. He selects whose offices are judicial in the legal sense, or quasi-judicial in three or four persons who had a half resemblance to gentlemen, the sense that thev involve the exercise of delicate discretion. who have a very distant approach to reputable characters, and If I am correctly wadvised upon this matter, this officer in New he says since 1872 there has been a change in these men~ they York held a position·which was quasi-judicial. He was a com have repented; they have done better; they are now reputable missioner of the courts of the UnitedStates, and I believe he was men; therefore, at the time theywere appointed they must have at the &ame time an election officer <>f the United States. AI; .a been such. commissioner of the courts of the United St tes he had devolved Sir, I think that sort oi veracity is too long adjourned; that upon him the solemn obligation to administer that office in the sort of vindication is too long deferred. l do not attach the spirit which he received from the bench <>f which he was the slightest credit to the elegant eulogium pronmmced by the hon agent. Is it a correct view of the morality and propriety of orable and learned Senator from Maine, unless it be derived election concerns that political judges shall receive funds from from the Latin maxim1 de mortuis nil nisi bonum, and if any dead campaign committees which, in the nature of things, are to be man ever needed the bene.fit of the old adage, Davenport does -employed in the direction of political suecess?- need it. It matters not what purpose he professed about them, it m'1t ters not how pure in an abstract sense may be the designs of the [Mr. HARRIS addressed the Senate. See Appendix..] contributors, do not all gentlemen recognize, does not the intui Mr. DANIEL. Mr. President,. the Senator from Maine [Mr. tion of human nature perceive that here you are putting public FRYE] has seen fit to make reference to .an incident which he officers in an ambiguous relation, and one in which of necessity charges was a fraud in Virginia. I know nothing of the circum you bring obloquy upon the purity of the public service? stances. I have seen no account of the matter except the one Now, Mr. President, the people of Virginia are not Pharisees. which he has given us, which I had read in part in the same They have the faults of other people of our race; and if they newapaper. Whether it is.true or not I have no knowledge nor commit wrong, they do not do it in the name of God and Chris any account from any other sources. I do not feel, however, tianity and civilization. The Senator from Maine brings into al that the people of my State need any defense here as to their most every discussion in which he participates upon this floor, general character for honesty. If there is anything established whatever may be the issue involved, the Hawaiian business, and in American history it is established that the people of Virginia appears as the defender of the largest piece of counting out that are a fair and honorable type of our civilization. What is the has ever come before us. There are in the independent oountry use of character, said Edmund Burke, unless to be a shield of Hawaii 90,000 inhabitants. By the aid of an election officer against calumny? from Maine in the person of Minister Stevens and with the mil Mr. ·President, it is a specious mode of argument that the Sen itary at the polls, some 2,000 of Americans and their allies count ator adopts. He will pick up a newspaper scrap about-a fraud out the rest of the population, change the Government, and in somewhere~ then say," See how necessary it is for the United one day offer for sale the Government which they had acquired States Government to interfere." Murders occur in this coun tlirough the aid of this commissiener of elections and counter of try, and yet the United States Government does not claim any the vote. right to interfere; it does not hold a pollee court. All manner The Senator is extremely sensitive if perchance anywhere at of crimes occur in this country against all manner of laws, but any precinct the white people of the South assert that law of in the Sbtes of this Federation are the honest people who com race which the author ol <>ur being implanted in their heart and pose the constituencv of the Senator and other Senators, and blood and seek amid difficulties to keep paramount the glorious they know how to attend to them. A change of jurisdiction civilization which they p.elped to win for the Senator from Maine from the local people to other people of the same country, ap as well as for themselves; but when a like transaction occurs and pointed by somebody else, who in the nature of things must there is a chance to steal an island and a people the Senator know less about the matter and be less conversant with the peo drops all the qualms and scruples which roused him to such a ple they deal with, can not be a reformation. pitch that be would put bayonets behind ballots. and he is ready If this Virginia matter be the fraud which it issetforth to be, to welcome this spurious and shady transaction in a distant land, the Senator proved two things about it: first, that a traud had by which the independence of a people with whom we are on bee-q committed: and second, that the Democratic newspapers friendly relations is destroyed, by which their sovereign in a we-re after it; that the party was rebuking it to which the al- line of a hundred years is removed, and to assist them in makin~ 1894. -coNGRESSIONAL REQORD-8ENATE. 1939
the same sovereign the queen dowager of the United States and them, rather than in spending weeks and hours in considering the royal family pensioners upon our own taxpayers. resolutionsabout distant islands and in picking a quarrel among Now, sir, such transactions do not bear the vision of analysis. ourselv-es about a precinct election, whether it be in Virginia, They show that the partisan bas triumphed over the disposi California, Texas; or Maine. tion of the fair-minded man, which I believe the Senator to be We have honest people in Virginia, Mr. President, who will when his spirit is not disturbed by election bills and political put their foot upon fraud just as quickly as any people upon this questions. ' earth, who have the instincts -of honesty and the courage of Let the people of Virginia be judged like any other people, their convictions. I do not say they are better than other peo and let us cease in this country (if we expect to have peace and p!e. God forbid that I play tne Pharisee; but I do say they are , happiness and decorum and safety) running into the local news as good and as honest and as pure and as high-minded and as papers and bringing into the United States Senate morning re patriotic as those of Maine. The Senator need only read_the ports about something that was done in the vic~nage of our est !l.blished, current, and ancient histories of this country to find neighbor. People who do that in towns can never have neigh that the names which have sprung from their loins were pos bors who do not wish that they lived a mile away out in the sessed by men who need not doff their plumes of honor in any country. presence. Mr. President, I had some little experience'afewyearsago when Mr. FRYE. The Senator from Virginia, in his allusion to the • these Fede·ral election laws were up here. I have never been H awaiian Islands, finds cert!Linly no difficulty in establishing a prone to nose around to see what I could find in the back yards case when he names his own testimony and states the case him of Maine against its people. Theyare the peopleof a sovereign self, and thus he oan undoubtedly criticise me. He has not been State. T hey are my countrymen. They have their judges and present at the taking of the testimony before the Committee on their lawgivers. I wish them well, and if perchance something Forei~n Relations for the last four \veeks. . goes wrong in that community it is not the just spirit of an Mr. DANIEL. Neither was the Senator from Maine present American citizen to seek to expose it and hold it up to .obloquy when the transactions occurred which he picked out of a news and to try to make the people of the country believe that here paper he does not indorse. are an infamous people worsa than their brethren and unfitted Mr. FRYE. And the Senator from Virginia is speaking out to ba admitted into this great family of Shtes. side of the testimony. I have no hesitation in declaring that But a little while ago we had a great many newspaper articles. the only fault connected with the Hawaiian Islands is the fault The scissors and the mucilage brush had been busy, and scrap of the President of the United States. The only harm and books were emptied into the Senate Chamber. · I said to myself, wrong done are the harm and wrong committed by hi111; and I I will see now how alittleatten tion to this sort of business-which believe four-fifths of the intelligent people of the United States is not to my taste, I beg leave to say, although I need not say it of American to-day will indorse that sentiment. to those who know me-I will see how the scrapbook will work; Now, as to my indorsing Mr. Davenport, when he as an officer and I have at my home now what I have never presented to the takes money for services, I deny that Mr. Davenport ever took - Senate, scraps taken from many papers of murders, oi hangings, any money for services. The case which I stated-- of lynch-law transactions in all sections. If you will take up the Mr. DANIEL. Will the Senator allow me to interrupt him a- · New York Herald or any great metropolitan paper of this coun moment? I did not say Mr. Davenport took money for his own try you c'ln find that they are occurring from time to time all service§, but that he accepted money while an officer of the law, over this land without discrimination as to race or previous con as I was informed, for the purpose of being used by him as an dition of servitude_. officer to detect frauds in elections; that he accepted money from You may choose to interject this small talk of newspaper gos a partisan club of his own party at a time when he held a quasi~ sip into the great debates of the United States Senate, but some judicial character. That is what I said. think that this the :~. ter and these subjects are worthy of treat Mr. FRYE. I hav-e never heard any such charge made against ment in a broader and more statesmanlike and more dispassion Mr. Davenport. On the contrary, the only information I have ate manner. I am one of them; and when it comes to an en of his taJring any money was the case which I stated myself in .coonte.rbetween the scissorsand the mucilagebrush,Iacknbwl my arg·ument, and that was from the. committee of Democrats edge that the Senator from Maine and his companions are emi and Republicans who were undertaking to overthrow the Tweed nently my superiors. ring, and desired him to take charge of the campaign. I said But, sir, he will have to produce better analyses of race rela that he took charge of it, and that he charged nothmg for his tions, and read higher codes of political ethics, and expound services whatever, but that he only used money to pay the actual clearer arguments of honesty and judgment before he can recon expenses for ballots and all that sort of thing, and rendered an cUe his position in this case with his position in others, or make account to the committee for all the money he received. this country believe that because there was a fraud in Maine, or Mr . GRAY. Will the Senator from Maine allow me? California, or in NewYorkCity,or in Philadelphia., which, being Mr. FRYE. Certainly. the city of brotherly Republican love, has escaped the batteries Mr. GRAY. I do not think Mr. Davenport had much reason of his maledictions, before he can satisfy the people of the United to take money from any other source than from the United States that these incidents of social life, these inevitable con States Treasury, for I hold in my hand an areounttaken from comitants of civilization, these things which the purity of the the Treasury of the amount of fees paid to John I. Davenportfor world can not avoid, although it would fain throw the mantle of services as chief supervisor and as circuit court commissioner charity over them, are sufficient justification for the stretching from Aprilll, 1889, to March 1, 189'.1, amounting to $145,591. 68. of our laws, for the torturing of our Constitution, and for putting Mr. FRYE. ln reply to that I have to say that Mr. Daven the good people of this country by the ears in sectional strife every port never took a cent from the United Sta:tesTreasurythat had - -. time they have an election, and are to pass upon broad questions not first be e n ~pMsed upon as his of right by tlle court; then by in which their wisdom is invoked and in which their fortunes the Auditor of the Treasury, then by the Comptroller, then by are concerned. · a committee of experts appointed by the Comptroller, and then I , Mr. President, by my vote shall rejoice to dismiss this leg confirmed afterward by the Comptroller. So he never took anv islation by the passage of the pending bill. One reason why I fees that all these officials had not declared it to be his right to rejoice to dismiss it is because I realize that as long as it exists take. I do not understand that those were his own fees, either. it is a thorn of contention in the side of the American people; J\1r. GRAY. I am inclined to think the Senator is right, and and J, for one~ who have never despaired of this Republic or of that Mr. Davenport had a right to take these immense sums un republican institutions, who believe in Democracy from the der the election laws; and , therefore, that is one reason why: I ground up, do not believe that in the dawn of the twentieth cen 1-vish to have the election laws repealed. tury this great Republic has so far gone beyond the original Mr. FRYE. But the reports which have been careiully pre impetus of its being that the people in the towns can not be pn.red show that the elections in the city of NewYork under the trusted with their affairs; that the·people in the States can not Federal election law did not cost so much as the State elections be trusted in their affairs. I believe it will be better for us all cost without any Federal election officers. They did not aver if we leave them in the c--onfidence and trust of brotherhood and age over $83,000 a year, I think, under the Federal election law. atte]ld to our own business, which is enough to consume our time Now, I have to say another word inrelation towhatisaidabout and to make us wish that the hours in the day were more numer- Virginia. I do not think the Senator from Virginia can charge .ous and longer. me with using scissors or mucilage a great deal. I am not aware Sir, to transact one-half of the business which it is necessary that I ever before in my life read in the United States Senate for us to transact here in order to keep our Government run anything from a newspaper. ning, requires all the time and attention and studious thought Mr. DANIEL. I did not make any charge. I thought this ef everyone who is involved in its administration~ We would morning that the Senator showed great inexperience. be better employed now, in my opinion, if we were solving some Mr. FRYE. Now, I propose to read a little more. I under of the probleiDB of finance and currency and taxation which are stand the election laws of Virginia to be these: so pressing for solution that we are behind time in dealing with The Legislature every two years- ' 1940 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
And it is always a Democratic Legislature- Senator would be very glad to change the subject. He broke by resolution, names and elects three r esidents or each of the 100 counties down so completely when the question of ethics about Mr. Dav and 10 cities in the State as an electoral board for that county or city. This board appoints a register for each of the election districts within the county enport was propounded to him that really I was sorry to see how or city (there being about 1,800districts in the Stat~). who regist.ers the votes poorly he could ''come to the scratch." of his district. This board also appoints three judges or election and two Mr. FRYE. Mr. President, I do not understand the Senator. clerks for each district. Mr. DANIEL. I will explain myself, so that the Senator will Thus the entire force is appointed practically by the Legisla understand. ture of Virginia, the loc:ll authorities having nothing on earth Mr. FRYE. I shall be very happy if the Senator will do so. to say about it. I understand that to be the existing law and Mr. DANIEL. I asked the Senator the question, which he that the Legislature is always Democratic. The law declares has ~e.ve~ ~nswered, whether p.e deemed it appr?priate for a now I am using the words of the act- quasl-JUdlCl!l.l officer of the Umted States to rece1ve contribu "Wherever it is possible to do so, " the electoral board n.re to appoint the tions from a partisan club to be employed by him in the election judges from "persons known to belong to difl'erent political parties." in which he was such a judge. "Wherever it is possible to do so." Is there a precinct where Mr. FRYE. Then I say no, and I deny that he ever received it is not possible to do so, where there are not two parties? it. Mr. DANIEL. Occasionally the Republicans can not read and Mr. DANIEL. He did not raceive from the Union LeaO'ue write, and we peefer to have as judges those who can. Club, of New York, funds to be used in detecting frauds in elec Mr. FRYE. I am informed differently in Virginia. tions? Mr. DANIEL. I have no doubt the Senator is, and I am in Mr. FRYE. I say he did not. formed differently from him. Mr. DANIEL. Then1 if the Senator is E;O informed and I Mr. FRYE. Now, I wish to read agJin. what the Times says. have been misinformed, it is a question of fact. If I am mis· It is not my authority; it is a Demo ~ratic authority in Virginia, hken, of course my remarks do not apply. It is a matter that evidently outraged by some election frauds: has been mentioned here before, and this is the first time I have But the change made in 1&.~ heard it contradicted. · Mr. President, I would call the attention of the Senator to the \ That is the change in the law- was to take elections :rrom the control of the judges of the court and put fact that the highest representative of the sovereign people in them absolutely and entirely under that of an electoral board or three per Virginia selects our election officers. It is the Legislature. The sons in each county and city, all th:.-ee of whom may be or the same politi difference between that Senator and myself, if I should defend calparty, the members of which board areelecte:i by the Legislature. What is the result? The Legislature constitutes the electoral board of the parti these laws, would be that he wants the judicial depar tment1 san politicians of the counties and cities who constitute the judges of elec which is not directly responsible to the people, to assume charge tions of such partisan politicians as will handle the ballots and ballot boxes of elections and to appoint the officers. The act which he re in the way that the party's interest in the election c1lls for. We do not say that this is done, we only show the opening for fraud that fers to is one in which the appointment of the election officers the system contains. All that we do say is that there is a general belief that rests in the Legislature. It is IlOt a great question of national there is fraud; that results have occurred in the negro counties that are t<> concern. It has nothing to do with Federal election laws. It i.s tally inexplicable; and that the system of election is the very worst that it is possible to devise, with doors wide open for every species of rascality totally irrelevant to this debate. It comes in contact nowhere that it is possible to conceive of. The first thing to be done is t0 repeal the with what is under discussion, whether it be best for the ju law constituting electoral boards that may be of partisans, and put the con dicial department in a State to select election officers or for the trol of the elections back under the management of the county and corpora Legislature. tion judges. But, Mr. President, it is a very vain thing for the people of Now, I am making no charges against Virginia. There is a Virginia to try and please the S3nator from Maine as long as gentleman who lives in Virginia and is supposed to be intelli they vote the Democratic ticket. Until very recent ye:.trs the '
gentenough to understand the law. He is the editor of a leading election officers were appointed by the judges, and so far as the ' newspaper at Richmond, a Democratic newspaper, and he makes structure of law was concerned Virginia would have been per that declaration. Am I not justified! when that paper is handed sonp. qrata to the Senator from Maine. But it did not placate _ to me, in reading it in reply to the Senator? ~ him in the least. He made the same sort of speeches against Mr. DANIEL. I think not. them then that he is making against them now. There will al Mr. FRYE. Am I making any .sc:mdalous charges against ways ba a difference of opinion upon those matters. They are Virginia or its people? I am not doing anything more than re matters of interior regulation. peating what this gentleman himself st!l.tes; he a Virginian? Ond person who is in a house will think that the bureau ought Mr. DANIEL. The Federal election laws do not apply tO the to b _; on one side of the room and the bedstead on the other, but matter. They have nothing to do with it, whether they are re I do not think the Senator from Maine can ever reform this pealed or not. country by departing from his duties as a ·Senator of the United Mr. FRYE. What have nothing to do with it? States and advising communities t ~ wbom he does not belong as Mr. DANIEL. I say the Federal election laws have nothing to whether they shall move the election bure:tu to the east or to do with that matter. You have never touched the local elec the west window, or the election bedstead to the north or the tions and you do not propose any remedy now. You are merely south one. It is a mere question of domestic economy, with firing a shot in the air. which the Federal Government has no coneern. ' Mr. FRYE. Yes, we do propose a remedy. Now, the Senator did show the element of fairness in these Mr. DANIEL. You have never proposed a remedy. election laws, whether they be deemed the wisest that can be Mr. FRYE. We have two or three provisions to offer to the devised by human wisdom or not. The General Assembly of the pending bill as amendments of the election law; and the Senator State, wboare immediately responsible to the people, select three will vote against every one of them. persons for each county or city, who compose what is called an Mr. DANIEL. Permit me to say, so that we may understand electoral board. That electoral board, taken loc:1lly from the each other, that this was a lo~:tl e~ection. in Virginia an~ ail peo;:> le of the community whom they must serve, and in the the article the Senator read 1s about their local transactwns, necessary course of political procedure upon the nomination and which neither the Federal election law nor· any that has ever suggestion of the immediate representatives of the people of been suggested or could be suggested would at all reach or af that community, appoint the subordinate officers of the election, fect. and there is a provision that when practicable theymust belong Mr. FRYE. Is not this the law of the State which applies to to the different political parties. a.ll State elections? I do not mean to make any slur at the Republican party of Vir· Mr. DANIEL. Yes, sir. ginia;-I wish to see them recognized in their political rights, but ' Mr. FRYE. And without any Federal election law, would it occasions arise a tan election when judges are absent. How often not apply to the election of Representatives in Congress? do we see in the election reports in Congress how irregularities Mr. DANIEL. Yes, sir. occurred because the judge came an hour or two late, and the Mr. FRYE. Then have we no interest in it? laws h ad to provide a system of mechanism by which the matter Mr. DANIEL. But this is not that case. I am replying to might proceed and the election ba held, because it can ~::mly what this gentleman states. occur that day and at that time, and to defer is to destroy. So Mr. FRYE. But this gentleman is simply repeating what the the officers in Virginia are directed when practicable (that does law of the State of Virginia is, which law would be applicable not mean when they please but when in the nature of things it to the election of' Representatives in Congress if the Federal is possible and practicable) to see that thesa judges are distrib election laws are repealed. uted bstween the two political parties. Mr. DA1\TIEL. Does the Senator believe that no fraud will But if at 5 o'clock or 6 o'clock in the morning the people were &rise in this country under Federal election laws? gathering- to vote and the R-epublican judge were absent: and no Mr. FRYE. Undoubtedly, some. other suitable person then presented himself, was the election Mr. DANIEL. Then I s9.y undoubtedly some under any law. to be suspended; were the peop ~ e to be denied suffrage because Now, Mr. President, just a word about this law. I knew the the election laws of Virginia had not been tongued and groove' 1894. ·... CONGRESSIONAL RECORD-SENATE. 1941
and sawed and planed down to suit the refined taste and discrim POSTMASTERS. inating suggestions of the distant Senator from Maine? William 0. Monroe, to be postmaster at Eutaw, in the county of Mr. FRYE. Notmine. Greene and State of Alab::tma, in place of Fannie W. Byrd, re Mr. DANIEL. The Senator makes it his when he suggests moved. it, or if he does not he had better not read it. He makes it his Nathaniel B. Stevens, to be postmaster at Winsted, in the when he repeats it. Sir, anybody can pick up papers on the way county of Litchfield and State of Connecticut, in the place of side and come here and read them; but when a Senator speaks Marvin H. Tanner, whose commission expired January 28, 1894. he is supposed to speak with some responsibility upon him and Joseph L. Moore, to be postmaster at Geneseo, in the county with the dignity of his great and high position upon him, and of Henry and State of Illinois, in the place of William Harbaugh, not to be repeating the mere flotsam and jetsam of wayside news, whose commission expired January 9, 189-:!-. for which he disclaims responsibility. . Clarence Coulter, to be postmaster at Blue Rapids, in the I know that journal, the Richmond Times. There are highly county of Marshall and State of Kansas, the appointment of a respectable and honorable gentlemen at the head of it. They postmaster for the said office having, by law, become vested in the stand high; and they show in that very paper that they want to President on and after October 1, 1890. . put down fraud. Sir, none of us ha ve grown_so old as not tore William C. Cusack, to be postmaster at Newburyport: in the member when the journals of this country were blazing with county of Essex and State of Massachusetts, in the place of Wil- the cries of fraud in Maine. The Senator says they do not have lard J. Hale, whose commission expired January 28, 1894. • any precinct frauds there-it seems they only steal Legislatures James Murphy, to be portmaster at Hyannis, in the county of a discriminating remark about his own State which must be Barnsbble and State of Massachusetts, in the place of George highly appreciated by the experts in morality and the science W. Hallett, whose commission expired January 16, 1894. of ethics as it is there t.. CONFIRMATIONS. For the above reasons and the further one that the Commissioner of In di!!-n At!airs and Department of Interior recommend its passage, the com Exer.u,tive nominations conjia·med by the Senate Februa:ry ~, 189ft.. rmttee are unanimously of the opinion the bill should pass. ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY. The SPEAKER. Is there objection to the present considera Thomas Moonlight, of Kansas, to be envoy extraordinary and tion of the bill? minister plenipotentiary of the United States to Bolivia. There was no objection. · APPOINTMENT IN THE ARMY. The bill was ordered to a third reading, and was accordingly read the thi-rd time, and passed. Signal Corps. On motion of Mr. ELLIS of Oregon, a motion to reconsider First Lieut. Samuel Reber, Ninth Cavalry, to be first lieu the last vote was laid on the table. tenant. The bill H. R. 1969 [the- corresponding House bill] was o-r PENSION AGENT. dered to lie on the table. Harrison H. Wheeler, of Ludington, Mich., to be pension LEAVE OF ABSENCE. agent at Detroit, Mich. By unanimous consent, leave of absence was granted as follows: POSTMASTERS. · To Mr. WOODARD, for one week, on account of important busi Charles E. Chamblin, to be postmaster at Mason City, in the ·ness. county of Mason and State of illinois. To Mr. HARTER, for two days, on account of important busi • Edgar N. Nash to be postmaster at Newton Highlands, in the ness. county of Middlesex and State of Massachusetts. COMMITTEE REPORTS. Executive nominati