CONGRESSIONAL RECOR.D-SENATE. 1871 the Accounting Officerm of the Treasury on the 20Th Day of November, a Bill (H
1876. CONGRESSIONAL RECOR.D-SENATE. 1871 the accounting officerM of the Treasury on the 20th day of November, A bill (H. R. No.l345) revising and amending the various acts estab 1 50, to the Committee of Claims. lishing and relating to the Reform School of the District of Columbia; By Mr. BANNING: Resolution of the Cincinnati Chamber of Com A bill (H. R. No. 1271) amendatory of the act to incorporate the merce, requesting the President and Secretary of War to have New Columbia Railway Company of the District of Columbia, approved port Barracks, Kentucky, again occupied as a military post, and that May 24, 1871 ; the troops' and military band be returned to said post, to the Com- A bill (H. R. No. 1652) giving the approval and san~tion of Con mittee on Military Affairs. · gress to the route and termini of the Citizens' Railroad, and to regu By Mr. ELY: The petition of Dr. P. F. Reuss, for a pension, to the late its construction and operation ; Committee on Invalid Pensions. A bill (H. R. No. 1922) providing for the recording of deeds, mort By Mr. FAULKNER: The petition of Francis J. Wheeler, for re gages, and other conveyances affecting real estate in the District of imlmr ement of money advanced on check-book to Hale Libby and Columbia; and · Charles Burton, Thirteenth Regiment Maryland Volunteers, to the A bill (H. R. No. 2157) to provide for building a market-house on Committee of Claims. square 446 in the city of Washington, District of Columbia. By Mr. HAMILTON, of New Jersey: A paper relating to a post route from Wertsville to Clover Hill, New Jersey, to the Committee PETITIO:NS AND MEMORIALS. on the Post-Office and Post-Roads. Mr. SHERMAN presented the petition of Darwin Weaver, J. S. By ~ir. HOLMAN: Papers relating to the claim of John A. Coan, Slack, and other citizens of Ohio, praying for the prohibition of the Government lessee of certain plantations in Louisiana, for relief, to manufacture and sale of alcoholic liquors in the District of Columbia. the Committee on War Claims. and the Territories; which was referred to the Committee on the Dis By Mr. HUNTON: The petition of Charles Kirby, for compensa trict of Columbia. tion for stores and supplies taken by the United States Army, to the ~ir. DAVIS presented the petition of R. Hickman, M:. E. Browse, Committee on War Claims. and other citizens of Saint Mary's, West Virginia, praying for a geu By Mr. KIDDER: A letter from A. J. Smith, of Dakota, relative erallaw to prohibit the traffic in intoxicating liquors to be used ru; a. to the filing of pre-emptors on public lands, to the Committee on beverage within the national jurisdiction; which was referred to the Public Lands. Committee on the District of Columbia. By Mr. KIMBALL: Memorial of the Leuislatnre of Wisconsin, ask He also presented the petition of George C. Wilding, D. R. Groves, ing for increased appropriations to extend the Signal Service for the and other citizens of West. Virginia, praying for a general law to pro benefit of the farming interests of the United States, to the Commit hibit the traffic in intoxicating liquors to be used as a beverage within tee on Commerce. the 11ational jutisdiction; which was referred to the Committee on Also, memorial of the Legislature of ·wisconsin, for the esta.blish the District of Columbia. ment of a tri-weekly mail-route from Waupaca to Plainfield, Wiscon l\ir. . CAPERTON presented the petition of David Teater, R. D. sin, to the Committee on the Post-Office and Post-Roads. Petty, and others, praying for a. general law prohibiting the traffic in Also, joint resolution of the Legislature of Wisconsin, against build intoxicating liquors to be used as a beverage within the national iug a bridge across the Detroit River in the State of Michigan, to the jurisdiction; which was referred to the Committee on the District of Committee on Commerce. Columbia. Also, joint resolution of the Legislature of Wisconsin, relative to a Mr. BAYARD. I present a petition of the Sons of Temperance of consolidated directory of the several States and the General Govern Delaware, accompanied by a note from Mr. A. :U. Powell, at whose ment, to the Committee on P1·inting. request I present this petition, signed by two -persons on behalf of By Mr. McMAHON: The petition of Gideon Curtis, for a pension, themselves and other members of the society, praying for prohibitory to the Committee on Invalid Pensions. legislation in regard to the eale and manufacture of alcoholic liquors Also, the petition of numerous soldiers in the late war with Mexico, in the District of Columbia and the Territories of the United States. now residents of Hampton Home, for active measures for the release I move its reference to the Committee on the District of Columbia. of Edward O'M. Condon, to the Committee on Foreign Affairs. The motion was agreed to. By Mr. O'NEILL: Remonstrance of citizens of Philadelphia, against Mr. MERRIMON presented a petition of the Good Templars of North the reduction of the tariff, to the Committee of Ways and Means. Carolina, officially signed, praying for the prohibition of the mann By Mr. PAGE: The petition of H. B. Tichnor and others, that the fa-cture and sale of alcoholic liquors in the District of Columbia and United States establish a military post in Alaska Territory, and for the Territories; which was referred to the Committee on the District the granting of certain privileges to the Alaska Ship-Building and of Columbia. Lumber Company, to the Committee on Public Lands. M:r. DAWES presented the petition of· Charles M. Delano, Ezra Also, the petition of ettlers upon the Albion grant, California, that Kingman, and other citizens of East Bridgewater, Massachusetts, House bill No. 321 be not passed, to the same committee. praying for the prohibition of the manufacture and sale of alcoholic By Mr. PARSONS: The petition of James T. White, for compensa liquors in the District of Columbia and the Territories; which was tion for three hogsheads of tobacco taken from him by Colonel E. M. referred to the Committee on the District of Columbia. Lowe, United States Army, to the Committee of Claims. He also presented the petition of Leopold Ka.rpeles, a citizen of By Mr. PHELPS: The petition of Lieutenant-Colonel Henry A. Springfield, Massachusetts, praying that he may be paid the sum of Frink, for a pension, to the Committee on Invalid Pensions. $190, which he believes to be justly due him from the United States By l\!r. SEELYE: Memorial of the Engineers Club of Saint Louis, for services rendered as a soldier; which was referred to the Com in behalf of the metric system of weights and measures, to the Com mittee on Military Affairs. mittee on Coinage, Weights, and Measures. · Mr. WINDOM presented n. petition of 469 citizens of Richland Also, the memorial of the Saint Louis Academy of Sciences, of sim- County, Wisconsin, praying for an appropriation to complete the Fox ilar import, to the same committee. . River improvement, and for the construction of a canal along the By Ur. TOWNSEND, of New York: The petition of Elizabeth A. Wisconsin River from Portage City to Prairie du Chien, Wisconsin, Zears, for an adclitional pension, to the Committee on Invalid Pensions. in n.ccord:111ce with the third plan recommended by General Warren; By l\ir. VANCE, of North Carolina: Papers relating to the claim of which wa.s referred to the Committee on Commerce. John Waugh, for compensation for property destroyed by the United Mr. WRIGHT presented a petition of the Temperance Brotherhood States Army, to the Committee on War Claims. of Cluistian Churches of the City of Brooklyn, New. York, officially By Mr. WILLIAMS, of Indiana: The petition of John Burke, for signed, representing 30,000 members, praying for the prohibition of additional compensation as a United States officer, to the Committee the manufacture and sale of alcoholic liquors in the District of Colum on :.Military Affairs. bia and the Territories; which was referred to the Committee on the By Mr. A. S. WILLIAMS : The petition of 23 citizens of Hammond, District of Columbia. Michigan, that authority be granted to construct a bridge across De He ~lso presented a petition of the Friends' First-Day School, of troit River, to the Committee on Commerce. Wiii?-LJ?~n, Delaware, signed by the superintenden~, p~aying for the proh1b1tion of the ma,nufactnre and sale of alcoholic hquors in the District of Columbia and the Territories; which wa.s referred to the Committee on the District of Columbia. .Mr. BRUCE presented a petition of the Sons of Temperance of the IN SENATE. District of Columbia, officially signed, praying for prohibitory leo-is lation for the District of Columbia and the Tenitories, for the prohibi WEDNESDAY, Mat·ch 22, 1876. tion of the importation of alcoholic liquors from abroad ; that total abstinence be made a condition of the civil, military, and naval serv Prayer by Rev. J. 0. A. CLARK, D. D., of Macon, Georgia. ice; and for a constit.utional amendment prohibiting the traffic in TJ;le Journal of yesterday's proceedings was rea{l and approved. alcoholic beverages throughout the national domain; which was re HOUSE BILLS RE.FERRED. ferred to the Committee on the District of Columbia. .Mr. CHRISTIANCY presented the petition of M. B. Tower, L. S. · The fo1lowing bills from the House of Representatives were sever ':fower, a_ua ~ther citizens. of. Rollin, Mic~gan, praying for prohib ally read twice by their titles and referred to the Committee on the Itory legislatiOn for the DIStnct of Colnmbut and the Territories, for District of Columbia: the prohibition of the importation of alcoholic liquors from abroad; A bill (H. R. No. 1256) to regulate the duties of constables and and that totaJ abstinence be mane a condition of the civil, military, marshals in the District of Columbia where property is claimed to he and naval service; -which was referred to the Committee on the Dis t>.x:e:.npt from execution; trict of Columbia. 1872 CONGI~ESSIONAL RECORD-SENATE. ~fARCH 22,
:Mr. WITHERS presented the petition of l\Irs. F. T.l\IcCnne, widow He also presented the petition of James Riley, late corporal Company of Gordon McCune, a soldier of the war of 1812, praying to be allowed A, Sixty-first New York Volunteers, praying for a pension; which a pension; which was referred to the Committee on Pensions. was refeiTed to the Committee on Pensions . . .Mr. HOWE presented a petition of the Grand Division of the Sons Mr. BOGY presented a petition of the Grand Division ot' the Sons of Temperance of Wiscon in, officially signed, praying for prohib of Temperance of Missouri, officially signed, praying for vrohibitory itory legislation for the District of Columbia :md the Tenitories, the legislation for the District of Columbia and the Territories, the pro prohibition of the importation of alcoholic liquors from abroad; that hibition of the importation of alcoholic liquors from abroad; that total abstinence be made a condition of the civil, military, and naval total abstinence be made a condition of t.he civil, military, and nava.t service i and for a. constit.utional amendment prohibiting the traffic in service, and for a constitutional amendment prohibiting the traffic in alcoholic beverages throughout the national domain; which was re alcoholic beverages throughout the national doma.in ; which was re ferred to the Committee on the District of Columbia. ferred to the Committee on the District of Columbia. Mr. CAMERON, of Pennsylv:mi:l., presented a petition of the Kennett Mr. SPENCER presented the petition of Jonas W. Brown and C. monthly meeting of the Society of Friends and others, of the State of E. Jones, members of the Lodge of Good Templars of Idaho City, and Pennsylvania, pra.ying for t.he prohibition of the manufacture aurl sale others, praying for the prohibition of the manufacture and sale of of alcoholic liquors in the District of Columbia and the Territories; alcoholic liquors in the District of Columbia and the Territories; which was mfcrred to the Committee on the District of Columbia. which was referred to the Committee on the District of Columbia. He also presented a petition of citizens of Pennsylvania, praying Mr. MORRILL, of Maine, presented the petition of Hiram Ricker, for the passage of a law granting to each soldier, sailor, or marine who Timothy Bailey, and other citizens of North Auburn, ::1\!aine, praying served the nation during the rebellion a bounty of $B.33t per month for the prohibition of the manufacture and sale of alcoholic liquors during the entire time served, deducting all United Staties bounties in the District of Columbia and the Territories; which was ref6rred heretofore paid; which was referred to the Committee on Military to the Committee on the District of Columbia. Affairs. l\Ir. SAULSBURY presented a petition of. the Good Templars of He aJso presented the petition of James Black, George F. McFar Washington Territory, signed. officially, praying for prohibitory leg land, and others, citizens of Pennsylvania, praying for the prohibition islation for the District of Columbia and the Territories, the prohibi of the manufacture. and sale of alcoholic liquors in the District of tion of the importation of alcoholic liquors from abroad; that total Columbia; which was referred to the Committ.ee on the District of Co abstinence be made a condition of the civil-military, and naval ser lumbia. vice, and for a constitutional amendment prohibiting the traffic in Mr. BOOTH presented a petition of the Good Templars of Califor alcoholic beverages throughout the national domain; which was nia, officially signed, praying for the prohibition of the manufacture referred to the Committee on the District of Columbia. and sale of alcoholic liquors in the District of Columbia and the Ter ritories; which was referred to the Committee on the District of Co REPORTS OF COMMITIEES. lumbia. Mr. HAMLIN. The Committee on Post-Offices and Post-Roads, to Mr. HITCHCOCK presented the petition of Thomas C. Clark, late a whom was recommittecl the bill (H. R. No. 2262) establishing post soldier of the United Sta,tes, praying that he may be re-imlmr ed the routes: have directed me to report it back with amendmeut.s; and I snm of $1,000 paid by him to L. K. Woodberry, to quiet his claim to desire to say to the Senate that as in some of the States the lettings certain land entered by the petitioner under the homestead law; will soon ta-ke place, I shall ask to take the bill up and have it acted which was referred to the Committee on Public Lauds. upon at an early day-to-morrow morning, if it can be done then. The PRESIDENT pn1 tcrnpore presented the petition of the Friends' :Mr. MITCHELL, from tho Committee on Claims, to whom was re Temperance Union of New York City, officially signed, asking for pro ferred the petition of Francis J. Comstock, praying compensation for hibitory legislation for the District of Columbia and the Territories; hay used by the United States Army in 1865-'66, submitted an ad the prohibit.ion of the importation of alcoholic liquors from abroad; verse report thereon; which was agreed to, and ordered to be printed. that total abstinence be made a condition of the civil, military, and .Mr. WRIGHT. I am instructed by the Committee on Claims, to naval service; and for a constitutional amendment prohibiting the whom were supposerl. to be referred ceri ain papsrs in the case of J ohu traffic in alcoholic beverages throughout the national domain; which B. Garrison on the 17th of January, to move to be discharged from was referred to the Committee on the District of Columbia. the further considera-tion thereof. · He also presented the petition of the E'riends' Temperance Union of Tho motion was agreeu to. Ghent, New York, officially signed, asking for prohibitory legislation Mr. WRIGHT. I ask that a liko order be made in reference to the for the District of Columbia and the Territories; the prohibition of papers in the case of Elonzo Snyder, referred to the committee ou the the importation of alcoholic liquors from abroau; that total absti 17t.h of January, and the papers in the case of Joseph Duncan, re nence be made a condition of the civil, military, auu naval service; ferred the 7th of February. and for a constitutional amendment prohibiting the traffic in alco The PRESIDENT pro tempo1'e. The committee will be discharged holic beverages throughout tho national domain; which was referred from the further consideration of these papers, if there be no objec to the Committee on the District of Columbia. tion. Mr. FRELINGHUYSEN presented the petition of Rev. J. Winans, 1\lr. WRIGHT, from the Committee on Claims, to whom wa re Rev. GeorgeS. Mott, and other C'itizens of Flemington, New Jersey, ferred the petition of Martha T. McQueen, widow and administra asking for a general law to prohibit the liquor traffic within the na trix: of John McQueen, deceasell, praying compensation for property tional jurisdiction; which was referred to the Committee on the Dis taken and appropriateu by United States troops in 1864, belonging to trict of Columbia. the estate of the decedent, submitted an adverse report thereon ; He also presented the petition of the New Jersey State Tempei·ance which was agreerl. to, and ordered to be printed. Alliance, signed by George ShepardPa~e, president, and G. Y. Syder, He also, from the same committee, to whom was referred the peti secretary, asking for prohibitory legislation for the District of Co tion of John. J. Anderson, surviving partner of the firm of Anderson lnmbia aml the 'l'erritories; for the prohibition of the import-ation of & ·white, praying com pen ation for cotton belonging to that :firm ap alcoholic liquors from abroad; that total abstinence be made a con propriated by the authority of the Government of the United States
balance be repaid to the Japanese government, have directed me to read twice by its title, referred to the Committee on Claims, and or submit a favorable report, accompanied by a bill to the effect that dered to be printed. $125,000 be reserved for prize-money, and that the balance be paid to 1\Ir. WRIGHT asked, and by unanimous consent obtained, leave to the Japanese government, or be paid in trust for purposes of educa introduce a bill (S. No. 640) to quiet the titles of settlers on the so tion. called Des Moines River lands in the State of Iowa, and for other pur The bill (S. No. 626) in relation to the Japanese indemnity fund poses; which was read twice by its title, referred to the Committee was read and passed to the second reading, and the report was ordered on Public Lands, and ordered to be printed. to be printed. 1\-Ir. EDMUNDS asked, and by unanimous consent obtained, leave 1\ir. BOOTH, from the Committee on Public Lands, to whom was re to introduce a joint resolution (S. R. No. 10) proposing an amend ferred the bill (S. No. 536) granting the right of way through the ment to the Constitution of the United States; which was read twice public lands for wagon-roads over the Blue Mountains, in the State by its title, referred to the Committee on the Judiciary, and ordered of Oregon, reported it without amendment. to be printed. M1·. McDONALD, from the Committee on Public Lands, to whom Mr. MORRILL, of Maine, asked, and by unanimous consent ob was referred the bill (S. No. 49) to confirm to the State of Florida the tained, lea.ve to introduce a joint resolution (S. R. No. 11) to author swamp and overflowed lands granted under the act of September 28, ize the Joint Committee on the Library to send two paintings by 1850, reported it with amendments. Thomas Moran to be exhibited at the centennial exhibition at Phila · Mr. JONES, of Florida, from the Committee on Claims, to whom delphia; which was read twice by its title, referred to the Committee wa-s referred the bill (H. R. No. 247) for the relief of James M. Coffin on the Library, and ordered to be printed. berry, of Cleveland, Ohio, reported it without amendment, and sub PAPERS WITHDRAWN AND REFERRED. mitted a report thereon; which was ordered to be printed. On motion of Mr. 1\IERRil\-ION, it was Mr. CAPERTON, from the Committee on Claims, to whom were Ordered, That Clarke & Given have leave to withdraw their petition and papers referred the papers in the matter of the application of Walker Pearce from the files of the Senate. for additional compensation for services rendered as registrar of voters ln Cumberland County, North Carolina, submitted an adverse report On motion of Mr. SPENCER, it was thereon; which was agreed to, and ordered to be printed. Ordered, That the petition of James E. Slaughter, of Alabama, asking for there moval of his disabilities, be taken from the files of the Senate and referred to the He also, from the same committee, to whom was referred the peti.., Committee on the Judiciary. tion of Harvey & Livesey, praying compensation for labor, materials, THE CALENDAR. and damage unde! contract for masom-y work to piers and abutments for bridge at Rock Island, June 1, 1869, submitted an anverse report The PRESIDENT p1·o ternpm·e. If there be no further morning thereon; which was agreed to, and ordered to be printed. business the morning hour has expired, and the Chair will lay before He also, from the same committee, to whom was referred the bill the Senate the unftnished business, which is the bill (S. No.1) to pro (S. No. 251) for the relief of William White, submitted an adverse re vide for and regulat,e the counting of votes for President and Vice port thereon ; which was ordered to be printed, and the bill was post President and the decision of questions arising thereon. poned indefinitely. 1\fr. SHERMAN. In the absence of the Senator from Indiana, [:Mr. MORTON,] I suggest that the Calendar be proceeded with in order,· He also, from the same commit~e, to whom was referred the bill (H. R. No. 1988) for the relief of Hermann Kreismann, United States commencing at the place where we last left off. - · consul-general at Berlin, reported it without amendment, and submit The PRESIDENT p1·o tempore. Is there objection f Mr. EDMUNDS. For unobjected cases, the Senator means f ted a report thereon; which was ordered to be printed. Mr. SHERl\-IAN. Yes, sir. · • BILLS INTRODUCED. Mr. EDMUNDS. Certainly. We ou~ht not to proceed with tho Mr. HO'VE asked, and by unanimous consent obtained, lc~ve to bill in the absence of the Senator from Indiana. introduce a bill (S. No. 629) for the relief of D. G. & D. A. Sanford; The PRESIDENT pro tentpo1·e. If then~ be no objection, the Calen which was read twi~ by its title, and, with the accompanying papers, dar will be taken up and unobjected ca-ses considered. referred to the Committee on Indian Affairs. The first bill on the Calendar was the bill (S. No. 23) for the relief Mr. SARGENT asked, and by unanimous consent obtained, leave to of Edwin Fairfax Gray, reported adversely from the Committee on introduce a bill (S. No. 630) to establish a mail-route in California;. Claims. · which was read twice by its title, referred to the Committee on Post 1\-fr. COCKRELL. The Senator from Texas [Mr. MAxEY] is not in Offices and Post-Roads, and ordered to be printed. his seat, and I desire that the bill be passed over. - M:r. BOGY a ked, and by unanimous consent obtained, leave to in The PRESIDENT pro tempo-re. The bill will be passed· over. troduce a bill (S. No. 631) for the relief of persons to whom the gov HEIRS OF MAJOR D. C. SMITH. ernors of the Northwestern and Indiana Tenitories confirmed lands; The next bill on the Calendar waa the bill (S. No. 548) for the relief which was read twi<;e by its title, and, with the accompanying papers, of the heirs of Major D. C. Smith; which was considered as in Com referred to the Committee on Private Land Claims. mittee of the Whole. It relieves the heirs and bondsmen of Major Mr. WRIGHT (by reque t) asked, and by unanimous consent ob D. C. Smith, late a-ssistant paymaster of the United States Army, from tained, leave to introduce a bill (S. No. 632) to prohibit the manufact the payment of 166.39, and the interest thereon, as appears due upon ure, importation, and sale of intoxicating liquors -1\s a beverage in the settlement of his accounts. Territories of th~ United States; which wa-s read twice by its title, referred to the Committee on Territories, and ordered to be printed. The bill was reported from the Committee on 1\-!ilitary Affairs with He also (by request) asked, and by unanimous consent obtained, an amendment to strike out, in line 6, the words '' 39" before "cents," leave to introduce a bill (S. No. 633) to prohibit the manufacture, im and insert "29," so as to rea.d.: portation, and sale of all intoxicating liquors as a beverage in the From the payment of the sum of 166.29. District of Columbia; which was read twice by its title, referred to The amendment wa-s agreed to. the Committee on the DistTict of Columbia, and ordere "I inclose a copy of his chief paynll\8te1·'s report, showing the very ~ant man deeds of such property to the purchaser or purchasers thereof, con ner in which he met his death defending the property of· the United States. I ther efore most cheerfully r ecommend the passage of this bill as amended, as I veying all the right, title, and interest of the United States therein. consider it a ver y just and meritorious one.' The proceeds of the sale, after paying the necessary expense , are The amendment suggestell is to strike out" 30" and insert "20;" so that the upon receipt of the same to be paid by the Secretary of War into bill as amende-d will read " ~ 166.29 " instead of " $166.39." the Treasury. Your committee recommend the pa-ssage of the bill with the amendment sug- Mr. WITHERS. There is no report accompanying that bill. I ges t~ ll. . - would inquire of the Senator who reported the bill whether the Mr. ED~IUNDS. This is a very small bill of course, but I should Secretary of War has recommended tP,e sale of this propertyf like to a k the Senator who reported it on what principle the bill :Mr. LOGAN. I think so. It will be found in the papers. stands. Is it put upon the ground that this officer lost this money in Mr. WITHERS. There is no report accompanying the bill. consequence of his being killed in that engagement, or is it put upon Mr. LOGAN. It is presented on the recommendation of the De the ~round that it is a recognition of his meritorious services on that partment, the property being useless to the Government. occasion' The PRESIDENT p7'o tent11ore. There is a manuscript report from Mr. COCKRELL. The a~counts as made out after the death of the Military Committee-of the House of Representatives, which will Major Smith showed $284.64 in his hands, and then from ovemddi he read, if their be no objection. tions $50, making a W.tal of $334.64. He was credited then with his The Chief Clerk read as follows : pay, $146.85 :and for short additions, which were shown, $21.50, mak It ap~ear'sfrom the letter of theSecr~taryof War and accompanying papers (see i_ng a tot.al credit of $168.35, leaving a balance of $166.29, which the Executive Document No. 27, first session Forty-fourth CongreBB) tbatthe Govern bill provides his heirs shall be credited with. Had Major Smith been ment owns a small brick builcling, 39 by 26 feet, end to end, and 10 feet high erected in 1813, and used as an arsenal. The lot on which this buildin"' stands i~ living and able to have made up his a~counts and brought forward smalL This property, which is called an arsenal, has long since ceasell"to be used all the little discrepancies that might have occurred in the small by the Government for any purpose, and is no longer needed for military or other amounts which he had been paying out, the probability is there would public purposes. but is an expense to the Government and a nuisance to the town. have been nothing owing from him. This account was made up .after The committee therefore concur in the recommendation of the Secretary of War his death by the War Department, and it was considered by the com ~:~. ~~~al~ol£e.lli~ ~:~~~d, and accordingly report the accompanying bill providing mittee that really there was nothing due from 1ili; estate. The bill was reported w the Senate as amended, and the amend Mr. LOGAN. If it were not for the necessity- of sending the bill ment was concurred in. back to the House, I would suggest an amendment that the advertis - The bill was ordered . to be engrossed for n. third reading, read the ing shall not be shorter than a month. " third time, and passed. . Mr. EDMUNDS. The amendment ought to be mad'e. JANE A. HARRIS. Mr. LOGAN. I believe I will move the amendment now, that the The next bill on tb"e Calendar was the bill (H. R. No. 1600) grant advertisement or notice shall be for not less than a month. ing a pension to Jane A. Harris. The PRESIDENT pro t~pore . Is there objection to the amendment Mr. INGALLS. There is an adverse report in that case, and it suggested f The Chair hears none; and the amendment is made. 'fhe bill was reported to the Senate as amended, and the amend should ~o over. The PRESIDENT pro tempore. The bill will be pUBSed over. ment was concurred in. It was ordered that the amendnient be engrossed and the bill to be JOHN NEWS. read a third time. The ooxt bill on the Calendar was the joint resolution (H. R. No. The bill. was read the third time, and passed. 64) granting the rights and benefits of the Soldiers' Home to John COUNTING OF ELECTORAL VOTES. News; which was considered as in Committee of the "'Whole. It ad mits John News to the rights and benefits of the Soldiers' Home if it Mr. WHYTE. I call for the regular order of business. The"'Sena shall satisfactorily appear to the commissioners that he has not in tor from Indiana is in his seat. The regular order was only postponed curred any of the disqualifications named in section 482"2 of the Re temporarily until he should come in. · vised Statutes of the United States. The PRESIDENT pro tentpore. The Senator' from Maryland calls Mr. SARGENT. I think there ought to be an explanation of the for the regular order, which is the unfinished business of yesterday, joint re olution. being Senate bill No. 1. The PRESIDENT pro telnpm·e. It is reported by t.\le Senator from Tbe Senate, as in Committee of the Whole, resumed the consider Illinois, [Mr. LoGAN,] the chairman of the Committee on Military ation of the bill (S. No. 1) to provide for and r~~ulate the counting .Affairs. of votes for President and Vice-President and the decision of ques- Mr. LOGAN. There is a report with the joint resolution. tions arising thereon. · The PRESIDENT pro ten11Jm·e. The report will be read. :Mr. MORTON. I desire to ask Senators to remain here to-day until · The Chief Clerk read the following report, submitted by Mr. A. S. this bill is disposed of. It has been before the Senate for some time; it is a very important measure, and I hope Senators on this side of WILLIAl\IS 1 from the Committee on .Military Affairs of the House of Representatives February 11: the Chamber at lea-st will find it convenient to remain here and dis The Committee on Military Affairs, to whom was r eferred the petition of John pose of it to-day. News for permission to enter the Soldiers' Home near Washington, District of Co Mr. EDMUNDS. .I suggest that the Senator ought to say "to-mor lumbia, ha.ving considered the same, r espectfully report : row," because there is some other business that ought.to be done to-d'\y That it appears from the r ecords of tile War Department that said News served in tho United States Army for fourteen years, in four several enlistments, com on another subject. I would suggest to the. Senator to fix to-morrow mencing August 12, 1851, and was discharged by tho War· Department, at his own for disposing of this hill. r equest, August 12, 1874. It also appears from the r ecords of the Navy Depart Mr. MORTON. I should prefer to have it disposed of to-day, if men t that sa1d News served in t he United States Marine Corps ei~h t years, in t wo possible. · enlistments of four years ca~h, making his whole peliod of service m the Army and Navy about twenty-two years. Mr. SARGENT. I wish to give notice to the Senate that at the lly the act of March 3, 1851, an honest nnd faithful service of twenty year.s in the earliest moment I shall call up the diplomatic and consular appropri Army is made a preliminary condition of admission into the Soldiers' Home. Your ation bill. I propose to do it a-s soon as this bill is finished. committee believe that, equitably, the case of this old soldier, who served in the :Mr. WHYTE. Mr. President, I hope the Senate will not be fright two branches of service twenty-two years, comes within the liberal spirit and intent of this law, and is entitled to the benefits of the Soldiers' Home. 'l'hfl y therefore ened out of its propriety by the supposition that I am about to make nnanim.ously recommend the passage of the accompanying joint resolution. another speech on this important subject. Nothirig is further-from my thoughts. But after the judicial broadside fired into the Senator Mr. LOGAN. The whole case is set forth in the report. from Kentucky [?tlr. STEVENSO~] and myself yesterday by the Sen Mr. SARGENT. That is satisfactory to me. ator from Ohio, [1\Ir. THURl\IAN,] when, with uplifted hands, in won · The joint resolution was reported to the Senate without ~end dering astonishment, he declared that it was past his comprehension ment, ordered to a third reading, read the third time, and passed. how the idea could enter the brain of any man, upon reading the TRUSTEES OF ANTIETAM CEMETERY. Constitution mr it is, that the duty of counting the presidential vote The next bill on the Calendar was the bill (H. R. No. 1231) for the was lodged with the President of the Senate, I am quite sure the Senate will pardon me if, by one or two quotations, I show them relief of the board of trustee~ of the Antietam national cemetery, re ported adversely from the Committee on Military Affairs. that t.hat idea enterecl into a brain larger than that of the Senator The PRESIDENT pro ternpo're. - There being an adverse report in from Maryland and into heads which have worn the crown of laurel with a-s much grace and almost as much modesty as the Senator from this case, the bill will be pa.ssed over. Ohio wears his. ARSENAL AT STO~TJNGTON. I referred, Mr. President, to the views of Chancellor Kent, and for The next bill on the Calendar was the bill (H. R. No. 2143) for the the purpose to which I referred to the e views they suetain my posi sale of the arsenal and lot at Stonington, Connecticut; which was tion, which was that, as the Constitution now reads, the President of considered as in Committee of the Whole. the Senate is presumed to be the proper party to count the electoral The bill directs the Secretary of War to sell for cash, after such ad vote; and so in confirmation of that I ask permission to read what vert isemont as he may deem necessary, either by public auction or by was said in 1857 by Mr. Israel Washburn on the floor of the House of inv.iting proposals for the purcha e thereof, and in either case to the Representatives in regard to these views of Chancellor Kent : - highest responsible bidder, a certain lot and parcel of land, with the I received a letter but a few da.ys 3"'0 from a. gentleman, eminent for his wisdom buildings thereon, in the town of Stonington, Connecticut, belong and ability, who stated therein that tbe late Chancellor Kent, of New York, llad tolcl him t hat t here was clearly a C ate, as he seems to admit, nor any power of decision in the Senate and Vice-President. A.ny departure from that, anything going outside and House of Representatives there, then the plain ~rovision of the of that, is a violat.ion of the purpo es of the Constitution and the Constitution that "the votes shall then be counted' becomes a nul intentions of the framers of it, and should therefore not be a learns when it returns to the House is simply the result. How that by that standard, we have nothing to decide it by. That practical has been attained there is no way of ascertaining. It is aanounced difficulty arises in regard to that proposition, and I think, therefore, merely that the House has determined to accept one set of returns. that it is objectionable also. Bv what vote the House has donethat is not announced. The prop I desire to say a few words in regard to the proposition of the Sen osition of the Senator from New Jersey leaves that as a difficulty ator from Maryland, [Mr. ·WHYTE.] I differ as widely from him as likely to impend, and does not underLa.ke to remove it. I can, both upon the construction of the authority be quotes from :Mr. RANDOLPH. That is a mere matter of detail. . Kent's Commentaries and upon the construction he puts upon the Mr. JOHNSTON. It may very well happen thn.t the vote may not Constitution and the report of the committee quoted by him. His be taken by yeas and nays, and it might happen that that vote would idea is that Chancellor Kent in his Commentaries recognized the ri That the electors should_meet on the day fixed for the election of the President, ABSENT-Messrs. Alcorn, Anthony, Bayard, Bruce, Caperton, Clayton, Conover, and houlu transmit their votes, certified, signen, sealed, and directeu, as the Con Cragin, Dorsey, En_glish, Goldthwaite, Hamlin, Harvey, Jones of Ne\'ada, Kernan, stitution requires to the Secretary of the United States in Congress assembled. MoiTill of Maine, Morrill of Vermont, Patterson, Sherman, Spencer, SteveDS()n, Wadleigh, and Wallaee-23. That pr~wi ion wa-s changed afterward by directing the votes to be sent to the President of the Senate. So the amendment to the amendment was rejected. That the Senat()rS and Representatives should convene at the time and place as The PRESIDENT pro tempore. The question r ecurs on the amend signed; that the Senators should appoint a President of the Sena.te for the sole pur ment proposed by the Sen:;~.tor from Tennessee, [1\fr. COOPER;] which pose of receiving, opening, and counting the votes for President; and that after will be read. he shall be chosen, the Congress, together with the President, .should, without de The Se.cretary read the amendment, as follows : lay, proceed to execute this Constitution. And if the two Houses do not. a,"''ee as to which r et-urn shall bo counted, then Now, then, that officer was elected for a single purpose. He was that vote shall be counted which the House of Representativesi voting by States in particularly deputed by this report to receive, to open, and to oount !~:llde~idl~b~u~ebh~ea~dn!!1~~~~~n the election devo ves upon the House, the 'Votes; but when you come to the Constitution itself it authorizes him to receive and open, and omits to direct that he shall count the Mr. EDMUNDS. I ask for the yea and nays on that. votes. Then what is the rule of construction by our-courts¥ When The yeas and nays were ordered; and being taken, resulted-yeas this report provides that the Vice-President or the presiding officer 13, nays 35 ; as follows: shall receive, shall open, and shall count the votes, and the Constitu YEAS- Messrs. Bogy, Caperton, Cooper, Davis, Gordon,. Johnston, Kelly, tion says that he shall receive and open them, by what rule of con McCreery, McDonald, Ransom, Saulsbury, Thurman, and Witners-13. struction, I ask, is it that anybody can say that he shall also count NAYS-Messrs. Allison. Booth, Boutwell, Burnside, Cameron of Pennsylvania the votes ¥ The instrument itself upon its face would seem to me to Cameron of Wisconsin, Christiancy, Cockrell, Conkling, Dawes, Dennis, Eat<>U.: :F;dmunds, F exTy, Frelinghuysen; Hamilton. Hitchcock, Howe, Ingalls, Jones of determine it. When we recollect that it was made at the same time Florirla, Key, Logan, McMillan, Maxey, Merrimon, :Mitchell, Morton, Oglesby, that this report wa-s made, by the same body of men, and that these PaddodL, Robertson, Sargent, West, Whyte, Windom, and Wright-35. words that are important and material in the report are omitted in A.BS'ENT-Me srs. Alcorn, Anthony, Bayard, Bruce, Clayton, Conover, Cragin, the Constitution; when w recollect that the Constitution specially Dorsey, English, Goldthwaite, Hamlin, Harvey, Jones of Nevada, Kernan, Mor takes away from the Vice-President that particular power, I cannot rill of Maine, Morrill of Vermont, Norwood, Patterson, Randolph, Sharon, Sher man, Spenc~r, Stevenson, Wadleigh, and Wallace-25. understand how it is that any one can contend that the fmmers of the Constitution intended that it should give to that officer the right So the amendment was rejected. to count these votes. Every rule of construction and every court in Mr. MAXEY. I handed in yesterday an amendment which I pro the land would determine that the Constitution meant something pose to offer at the proper time. I believe this is the proper time. differe11t from the report because it omitted an important part of the The PRESIDENT pro tentpore. There is no amendment pending; report; that-it meant something different because it used different the bill i.s open to amendments. lafio • 1876. CONGRESSIONAL RECORD-SENATE. 1881 not that if he did it we should expect that he wa.s doing it from cor reason of his relation, rather than leave it to an outside tribunal ; rupt motives, if he decided in his own favor, but because we should ancl yet it seems to me that that reason is more than overcome by expect that he was incapable, in the nature of things, of brin~g to his possible, and in many instances his actual, relation to the ques the consideration of .that question a perfectly impartial mmd. I tion; and fl>r that reason, without mentioning others, it seelllS to me think that is the principle. that the argument against intrusting the powoc of deciding the ques Now, here yon propose by a distinct affirmation of law that a per tion to him is all-conclusive. son who may be, and who often is, and is likely often to be, the very Now, suppose the presiding officer shall not be the person, then it person whose right to the office is in question, shall, in a case of the is proposed either that the judges of the Supreme Court, not as a greatest doubt, when the two Houses disagree, and when the direction court, shall be selected as the tribunal to which this question shall in which that doubt may be solved is to turn the scale, be the judge be left. Another proposition is that it shall be left to three persons himself. Mr. President, it does not appear to me that that is sound perhaps-the presiding officers of the two Houses and the Chief Jus "in principle or safe in practice; quite the reverse. If there is any man tice of the United States; and other tribunals have been named. It who ougbt not to be authorized to exercise any judgment to deter occurs to me that it is illogical, and in the face of the very theory Qf mine a disputed question it is that man who is interested in it; and our system of government, the nature ~nd duties and obligations !in yet this amendment selects the very person who in our pa-st history posed upon the legislative department of the Government, that an bas ometimes been, and in our future history often will be, the per outside tribunal shall be selected as umpire. It seems to me to be just son voted for as either President or Vice-President of the United States. as logical that in a case where the two Houses are unable to agree I do not think, t.herefore, that the reasoning of my learned friend from upon a bill, upon a joint resolution, or any other measure, you shall California is well founded. provide that an umpire shall be called in to settle this difference. If Mr. SARGENT. I might add another suggestion. This case, of the presiding officer of the Senate can be trusted by reason of that course, is encompassed with difficulties. I presume that any one who sense of duty that he feels is imposed upon him, and that fear of pub addresses himself to it does it with some doubt, with some fear of lic condemnation, then why not the two Houses of Congress t Each the correctness- of his own conclusions. I have endeavored to inform and every member of either House must be impressed just a-s much myself by the progress of this debate of the difficulties that were to as he would be, a.nd comes to the discharge of the duty impressed be encountered, and to exercise such judgment as I could in arriving with the solemn obligations that are upon him. Now, when the two at a conclusion. At the same time I am aware that it is difficult for Houses, acting honestly, faithfully, with a sincere desire to arrive at me, in the absence of light in the Constitution, and in view of such what is right, as we must presume they are thus impressed, are un di:fferences of opinion among those around me, to arrive at a conclu ·able to determine, why not there leave the question, and why seek sion in which I can have entire confidence; but I can suppose a case for an outside tribunal to settle this question that they are unable to where if the presiding officer of the Senate was a candidate for the determine, a question that they have struggled to settle honestly and Presidency of the United States, nominated by any party or receiving faithfully and under their oaths' any electoral votes, and it became his duty under a law like this to It is said that it is unfair and that it is unjust to a State that its open and decide upon the returns, he would retire from the .office ; he electoral vote shall be rejected, and that unless you provide some would resign ; and then it would be in the power of the Senate to tribunal it may occur, the two Houses disagreeing, that the vote can choose some person who would not have this disability. not be counted. Now suppose that shall occur. It occurs after an I am not sure that if it wa-s decided that the responsibility had honest and faithful effort on the part of the two Houses to agree. The better be concentrated upon a single individual of hi~h character two Houses have attempted to agree upon a bill and it fails; and the rather than be diffused through a body where responsibility is en two Houses have attempted to agree upon this question and they fail. tirely lost, so many partaking of it, and it becomes merely conven I think it would rarely occur that the question could be presented tional and party, the law might not reqnir~ that the presiding officer in such a form that the two Houses could not agree; but if it should of tho Senate should vacate his office if he became a candidate for occur, it results from mismana-gement, corrupt, captious, unfair, un President of the United States, or rat.her in case any electoral votes faithful, conrlnct on the part of the officials of a State, because per should be cast for him. That certainly would remove the difficulty. sons representing the State have sent up their returns in such a form Then the presiding officer of the Senate does not pass upon a ques that the two Houses, acting in good faith and under their sworn ob tion the result of which is to give him either the Presidency or Vice ligations, are unable to determine what shall be done. If in such an Presidency of the United States. I would suggest tl).at to my friend event a State shall not have its vote, it occurs to me it is only one of from Vermont as entirely obviating the objection which he makes to those cases where, whether by reason of the mismanagement of the. the amendment. ·That is to say, the amendment might be so framed State or by reason of the inability of the two Houses to agree after that in case the presiding officer shall receive electoral votes from the most faithful action or both together, the State fails to have its p,ny $tate in the Union he shall retire from his office and the Senate vote, it may be a misfortune, but it is only another instance of those shall select a presiding officer whose duty it shall be to open the that frequently occur in legisla.tion or in the administration of c-ur returns. affairs where there is loss, and it were better and safer that the loss Mr. EDMUNDS. How do you get the constitutional power to <1o should occur, perhaps, than to attempt to encourage any doubtful that Y legislation or to provide a tribunal or method of settling it that is Mr. WRIGHT. Mr. President, I wa-s impressed, when the question doubtful and questionable, to say the least of it. was first mooted of the necessity for an amendment to thls second I therefore have reached the conclusion that I shall vote for the section, that some plan should be devised to avoid or prevent what bill as it stands, so far as this section is concerned. I am oppo ed to it was said would inevitably follow in case of a disagreement between the present amendment. I am opposed to the erection of any tribu the two Houses, that a State might be disfranchised. I then turned nal outside of the tw:o bodies to come in and assist in this question. over in my own mind what plan would be better, which of the sev I think the two Houses ought to connt the vote, and if they are un eral amendments that have been suggested it would be better to adopt able to agree where there are two returns, then if it occurs that the in order to meet the contingency that might arise. The more I have vote of the State is lost it results after the most faithful, deliberate, reflected upon the subject, the more I have been brought to the opin and conscientious action, as I am bound to suppose, on the part of ion that I believe it to be better and safer and more logical to leave the two bodies. If then they are unable to agree, we have a case that the bill as it stands. is not provided for and that we cannot safely.provide for, perhaps, I confess that so far as the amendment under consideration is con as the Constitution stands. ~ cerned, it strikes me of all others as being the most objectionable. I Mr. DAWES. Mr. President, my difficulty with this amendment is certainly cannot agree to the reasoning or argument presented by that it derives its whole authority from a statute. A statute of the the Senator from Ca.lifornia. It occurs to me that if that argument United States in this amendment devolves upon the President of the be sound, then upon the same principle it were better and safer in all Senate, or, in the amendment of the Senator from New Jersey, upon cases to make a man judge in his own case, because that high sense three persons designated, or, in the amendment of the Senator from of honor which the Senator presumes would obtain in the person who Indiana, upon the members of the Supreme Court-a statute devolves is t.o decide this question would necessarily keep him in the right upon them the designation of a President of the United Stat-es forfour path. All experience demon-strates this one thing, it seems to ine, as years. Their authority is derived solely from a statute of the Unit-ed conclusively as anything else that can be demonst-rated, that we know States, for nowhere in the Constitution of the United States is the less of the strength of our own prejudices than of anything on earth; idea broa.ched that upon any individual in the United States shall be ancl thera is no one thing upon which we are such unsafe judges as devolved the power of selecting the President of the United States. when we come to determine how strong our prejudices or feelings or He who decides this question designates a President of the United interests may be on a given question. If self in any instance this States, and he gets his authority from this statute and nowhere else. wavering bala,nce shakes, it is rarely if ever right adjusted. We ·whether the President of the Senate could be trusted, or whether may think it is, but it is inevitably true that it is not I:ight adjusted. the gentlemen selected in the amendment of the distinguished Sena Now take the proposed amendment; however much may be the in tor from New Jersey could be, or those high characters who consti terest, however much may be involved in the question, personally or tute the Supreme Court of the United States, (whjch is, in my opin otherwise, to the person who has to decide it, he may attempt to di ion, the best of all the amendments,) it is enough to my mind that vest himself of all prejudice and all feeling and all interest, and yet, they have no other authority to designate a PreSident of the United aU unconsciously it may be, he is thus influenced. It is dangerous States than that which they deri vc from this statute; and that while for that reason to intrust him with the determination of that question. the Constitution of the United States took what its framers thou~;ht There can be but one reason, it seems to me, in logic for leaving was all necessary pains at that time to guard and secure the selectwn this question to the presiding officer, and that is by reason of his by the people of a President, it has been left to us here to discuss the :t;elations to the two bodies. There is argument in favor of that by question whether. by a statute we cannot.safely designate a man or 1882 CONGRESSIONAL RECORD-SENATE. MARCH 22, men who will select for us a President of the Uniteu States. Sir, that when they are in that presence, either by the President of the Senate, is such a departure from the Constitution that I cannot vote for it . or by the two Houses, or by the joint action of the two Houses. If If there were no other objection, it is a power reposed in one mau or it is to be Now you want to pick out a man who shall say off-hand what shall be a man happens to be Vice-President he necessarily must be a candi done with that question. Take a blind man, take a fool, take a sage, date for re-election or a candidate for President. I only have this to it will happen, whoever you take, t.hat if he is a republican he will say in reply to that: Under the Constitution of our common_ country count the republican vote; if he is a democrat he will count the dem any man having the constitutional requisites has just as much right ocratic vote. I take it there is not much doubt about that. I do not_ to be a candidn.te for the office of President or Vice-President as the mean to impu~n any man's ~ood faith or his honesty when I say that. Vice-President or presiding officer of the Senate; so that the reason You call upon nim to do a thing with only so much light before him as amounts to nothing. It is assuming that which is not necessarily true. has led all the rest of the world to stumble. He finds every republican It may be so or it may not be so. The same reason will apply to any in the United States on one side of that controversy. He finds every tribunal whatever that might be selected for the settlement of this democrat in the United States on the other side of it. He finds one question, because every man has the same right if he has the consti House of Congress on one side of it and one House on the other side tutional qualification. It is a surpassing strange thing to me that of it. gentlemen should object to reposing this trust in the Vice-President :Mr. MITCHELL. Suppose we appointed an independent power'f at this late day and hour, after the Government has followed it from 1\fr. HOWE. No matter how independent he is, what means has its organization down to the year 1869. . he within his reach of determining that question with anything like Mr. MERRIMON. Eighteen hundred and sixty-five. precision and accuracy Y What yon wn.nt is not a tribunal but :1 Mr. MAXEY. Eighteen hundred and sixt-y-five was the time of the form of procedure, it seems to me. The ln.w will not allow the title passage of the twenty-second joint rule, but I believe the election to a horse to be disposed of finally and conclusively without a form which took place in November, 1868, wa the first election held under of procedure before a judicial tribunal, where evidence is heard from the joint rule of February, 1865. Up to the year 1869, according to the mouths of sworn witnesses, witnesses who are examined and cross the authorities, the Vice-President., or President of the Senate, had examined, and where every point of law is settled by one learned in always counted the vote; and yet gentlemen pretend now that this jurisprudence. When you have obtained a judgment in such a tri power is so dangerous that of all men 'in America the last man to in bunal, then you allow the title to that horse to be disposed of, con trust with it is the President of the Senate. They speak of it as sidered, concluded, known. That judgment imports absolute verity. something strange, and yet if I remember history correctly, at the You know then who owns the horse; nobody in the world can dis very time of the contested election between Mr. Jefferson and Mr. pute it. But here the gravest controversy in the world we suppose Burr, the most excited ra~e that ever was run in the United States, is going to be settled by a man or a tribunal who cannot swear a wit requiring thirty-six ballots to settle the question, Mr. Jefferson him- ness, who cannot read a newspaper, who cannot have a deposition -self was Vice-President. I appeal to gentlemen if it is not a correct read before it, who cannot have an argument. Off-hand, from what statement of history that at that time Mr. Jefferson was Vice-Presi he happ~ns to know or to have heard, he is to pronounce upon the dent of the United 'states, having been elected under Mr. Adams at title to the Presidency of the United States, or to pronounce upon a the time he was elected President, followin~ General Washington's fact which settles the Presidency. election. Over and over again the Vice-President has presided when I have voted against all these amendments. I shall vote against he himself was either a candidate' for re-election or for President; and this amendment for the double reason, first, that I do not think in yet during all that Irmg period of our history we have never had one the Congress of the United States lies the authority to create any such man in America who was so low, so utterly lost to every sense of tribunal; and, secondly, if it had power to legislate such a tribunal honor, and justice, and of propriety, that we should have to leave, when into being, I think we might get a b~tter one than either that has we came to arrn.nge the pictures of the Presidents and Vice-Presidents been named yet, or at all events we might provide a better form of of this great and glorious Union of ours, one single niche covered with trial for any one of these tribunals than we yet have provided. a bla-ck pall, as one in the palace of the Doge of Venice. No man yet Mr. JOHNSTON. It is a rule that ought never to be departed from in this country has betrayed that great trust, notwithstanding the fact in law, that nobody shall be called up(m to decide a question who bas that on every occa-sion up to the year 1868 this vote was counted by any interest in the result, and that no one shall be a judge in his own the Vice-President. It does seem to me, when that remark is made, it case; yet the amendment of the Senator from Texas gives a decision is prostituting into the very dust the ch.aracter of the men whom the on one of the most important questions that ever arose to the very people of this broad land of ours have thought fit to vote for as Presi man in all the United States most likely to have an interest in the dent and Vice-President of the United States. Are the people of this result-the presiding officer of the Senate. country so lost to honor, so lost to integrity, that they themselves Mr. CAMERON, of Pennsylvania. I did intend to say a word -when would select a man to run for one of these high offices who was so the Senator from Wisconsin [Mr. HowE] sat down, but I did not get corrupt, so steeped in moral iniquity, that he would count himself the floor then. I may perhaps as well say now what probably I would into office against the will of the people 'f I do not believe it. I have have sn.id then. While the Senator from Wisconsin said justly that a higher regard for the character of the Ameriuan people. I have a. men generally vote according to their prejudices and vote with their higher regard for the men whom the American people have brought party and with their friends, yet it often happens thn.t they do go with to the front. The position will not do. · It is degrading our own peo their consciences in preference to their friends. I believe a case might ple and degrading the men whom our people have vested with high be found where the presidio~ officer of this body, although interested trusts. · hiinself in the decision of this question, would vote 'vith his a-dversa When is it, under the amendment that· I had the honor to offer, ries. I might bring to the Senator's mind by way of illustration a that the Vice-President has the power to decidef Never when there case which occurred here only a little while ago, when several Sen is but one certificate of election, because if both Houses reject the -ators on this side of the House gave the doubt to their adversaries. certificate it goes out, and if one House goes one way and the other Mr. EDMUNDS. We gave the certainty to our adversaries. House goes the other way, it is counted. When there are two certifi Mr. CAMERON, of Pennsylvania. Undoubtedly not one of them cates, and both Houses agree upon one of the certificates, it is would have done anything but what he believed to be right; but in counted. When, then, does this great power of the Vice-President the case of Pinchback, the presumed Senator from Louisiana, the come in 'I It is only when every effort has been made, and the two doubts were given by enough of our friends on this side to deprive Houses cannot .agree. In that ca-se you have got to do one of ·two him of his seat. So I believe as men acted upon that occasion ac things. If you reject the vote of the State, you may put a man in the cording to their consciences, men in the future will be found here in presidential office who has not, as the Constitution requires, received this body who will act according to their consciences. I believe it is a. majority of the electoral votes of the people ; for if you throw a vote always right to give the doubts to your friends, personally or.polit aside, who can say that the man who is put in the presidential chair ically, but I am sure a good man will always act according to his has the majority of the votes of the people 'I Our Constitution re conscience, no matter what the responsibility may be, no matter how quires all the votes to be cast. If this great power has been intrnstecl great his persona.I interest may be in the decision. to the Vice-President from the election of General Washington down The PRESIDENT pro tempore. The question is on the amendment to the last election of Mr. Lincoln, and never on a single occasion proposed by the Senator from Texas, [Mr. MAXEY.] has he betrayed his trust notwithstanding that he was a. candidate, I Mr. MAXEY. I presented this amendment because I believe it was ask why, when only in one single state of the case power is to be in a constitutional solution of a very difficult problem. I did it believ trusted to him, has he become so dangerons Y Have the people of ing, as I yet believe, that the mode proviued is sustained by the Con America been so forgetful of their duty in selecting good men and stitution. I do not propose to review one solitary argument that I true as to put a man there who would betray the trust that was made yesterday, nor to change anything I then said. I do not care, given him 'I That would be worse than murder itSelf. I do not be however, that the record of to-day's proceedings shall go forth to the lieve it. world with thEJ'remark of the Senator from Virginin. [Mr. JOHNSTON] I admit, as has been stated often here, that this is a dangerous and without some answer to it. a difficult problem. We must believe that there are some honest men Upon what anthority.of the Constitution, upon what authority of in this world. While rumors are afloat all over the land of high the law, does he assume that in giving the settlement of the question crimes and misdemeanors committed by men in high places, while to the Vice-President of the United States, presiding over the Senate, men have covered themselves from the crown of the head to the sola he is gi viug it to that man most of all others interested in the settle of their feet 'vith infamy and with crime, and have fallen from their ment of the question¥ If he be the old Vice-President and the count high position, yet I thank God He bas put it into my head not to be is of a newly-elected ticket, he goes out with that vote. He there lieve that all men are dishonest and that I yet have confidence in fore does not count himself in, because he goes ·out of office with the man. I yet believe that the American people have the intelligence coming in of the new President and Vice-'President. It rests upon to pnt in position, whatever ma.y be their politics, men of integrity, the assumption that the Vice-President is necessarily a ca.ndidate for men who want to do right. I believe that the two Houses of Con .re-election or a ·candidate for President. It is assuming that because gress will want to do right;. but, :when the question comes up before •1884 ·coNGRESSIONAL .RECORD-HOUSE. MARCH 22, them, honest men may differ. One of the two Houses may decide this HOUSE OF REPRESENTAT~S. question in one way and the other House in the other way. If the matter is left to stand at that point, the vote of a State may unques WEDNESDAY, March 22, 1876. tionably be los:(;. By the very losing of that vote a man may be placed in the presidential ch:tir who had not a ma;jority of the elect The House met at twelve o'clock m. Prayer by the Chaplain, Rev. oral votes by the people, as required by the Constitution. I. L. TOWNSE.ND. The Constitution says: The Journal of yesterday wa.s read and approved. The President of the Senate shall, in the presence of tho Senate and Huuse of STEAM FOG-SIG.N.AL AT MACKINAW. Representatives, open all the certificates, and tho vote shall then be counted. ]),fr. DUNNELL, by unanimous consent, from the Committee on Not part of that vote shall be counted, but all of it. He who de Commerce, reported back, with a favorable recommendation, the bill sires · to s-5ick to the Constitution as closely as I lwpe I do wants to (H. R. No. 957) to appropriate money for the erection of a station and see it carried out in its letter and in its spirit. The letter and spirit steam fog-signal at Mackinaw, :Michigan; which was referred to the of the Constitution are that the votes contained in every valid cer Committee on Appropriations. · tificate must be counted then and there and by the authority which COZ..TTRACTS FOR SERVILE LABOR. the Constitution bas pointed out for that high duty; that high trust, Mr. LUTTRELL, by unanimous consent, introduced a bill (H. R. No. 1 will say, bec:tuse I regard it as a sacred trust. So believing, I can 2802) to prohibit contracts for servile labor; which was read a first not conceive that the position which has been a~sumed here is tenable, and second time, referred to the Committee on the J udioiary, and ·unless you hold out the banner and write upon it in the face of all ordered to be print-ed. mankind that we have no confidence in man, that we believe that any man who is exalted to a high position will so far forget himself, CHANGES OF REFERENCE. his oath, his honor, the confid,ence which the people have placed in Mr. WAD DELL, by unanimous consent, fi·om the Committee on the him, that he will prostitute all these, and, like J ndas Iscariot, sell his Post-Office and Post-Roads, reported back the followin~ petitions, and master for a. price. I do not believe that, and therefore I say that in the committee was discharged from the further consi HARRIET C. DUNHAM. JAMES S. LEATH. Mr. RUSK, by unanimous consent, introduced a bill (H. R. No. 2804) Mr. YOUNG, of Kentucky, also1 by unanimous consent, introduced granting a pension to Harriet C. Dunham, widow of Charles A. Dun a bill (H. R. No. 2808 ) for the relief of James S. Leath, of Memphis, ham, late private Company A, One hundred and eighteenth Regiment Tennessee; which was read a first and second time, referred to the Pennsylvania Volunteers; which was read a first and second time, Committee on War Claims, and ordered to be printed. referred to the Committee on Invalid Pensions, and ordered to be LA GRANGE SYNODICAL COLLEGE. printed. MARTHA L. REAMS. Mr. YOUNG, of Kentucky, also, by unanimous consent, introduced a bill (H. R. No. 2809) for the relief of the La Grange Synodical Col Mr. McFARLAND by unanimous consent, introduced a bill (H. R. lege of La Grange, Tennessee ; which was read a first and second time, No. 2805) restoring the name of Martha L. Reams to the pension-roll referred to the Committee of Claims, and ordered to be printed. a~ the widow of Willin.m B. Reams, &c.; which was read a first and second time, referred to.the Committee on Invalid Pensions, and or ADJUTANT-GENERAL'S REPORT. dered to be printed. !Ir. JOHN REILLY, by unanimous consent, from the Committee BARBARA CHENOWITH. on Military Affairs, to whom was referred-the letter of the Secretary Mr. ROBERTS, by unanimous consent, introduced a bill (IL R. No. of War, transmitting the report of the freedman's branch of the Ad 2806) for tho relief of Barbara Chenowith; which was rea-d a :first and jutant-General's Office for the year ending June 30, 1875, reported second time, referred to the Committee of "\Vays and Means, and back the same and moved that it be recommitted to the committee, ordered to be printed. and that the letter and accompanying report be ordered to be printed. CHANGE OF REFERENCE. The motion wa~ agreed to. On motion of Mr. BANNING, by unanimous consent, the Committee MRS. KATE L. ROY. on 1\lilitary Affairs was discharged from the further consideration of the bill (H. R. No. 2558) for the benefit of A. L. Shotwell, of Jefferson Mr. DOUGLAS, by unanimous consent, introduced a bill (H. R. No. County, Kentucky, and the same was referred to the Committee on 2810) for the relief of Mrs. Kate L. Roy, widow of Lieutenant-Col War Claims. onel James P. Roy; which was read a :first and second time, referred to the Committee on Invalid Pensions, and, with the a~cqmpanying RICHARD H. FOUTS. papers, ordered to be printed. Mr. WOODWORTH, by unanimous consent, introduced a bill (H. R. No.2 07) for the relief of Rich-'1rd H. Fouts; which was.read a first OFFICERS IN THE CUSTOM-HOUSE AT PITTSBURGH. and second time, referred to the Committee on Military Affairs, and Mr. HOPKINS, by unanimous consent, submitted the following ordered to be printed. resolution; which was read, considered, and agreed to: · CHANGE OF REFERENCE. Resolved, That the Secret-ary of the Treasury be requested to furnish the Honse with all the correspondence upon the subject of the change of officers in the cus On motion of Mr. SLEMONS, by unanimous consent, the Commit tom-house at Pittsburgh; also, with a statement cif any other influence not in writ tee on the Post-Office and Post-Roads was discharged from the further ing which induced a revocation of his request for the resignation of the surveyor consideration of the bill to re-imburse H. R. Belding, of Minnesota, of the port at Pittsburgh. and the same was referred to the Committee of Claim.~. REMOVAL OF POLITICAL DISABILITIES. ENLARGEMENT OF THE SIGNAL SERVICE. Mr. GOODE, by unanimous consent, introduced a bill (H. R. No. Mr. YOUNG, of Kentucky, by unanimous consent, presented a peti 2811) to 1·emove the political disabilities of C. A. Williamson, of l'few tion from the Chamber of Commerce, Cotton Exchange, and city gov York; which was read a first and second time. ernment of Memphis, Tennessee, to have the Signal Service enlarged; Mr. GOODE. I ask that the bill be put upon its passa~e. which was referred to the Committee on Appropriations, and ordered The SPEAKER.- The Chair would inquire whether thts bill is ac to be printed in the REcoRD. · companied by the usual petition t The petition is as follows : Mr. GOODE. Yes, sir; the Clerk has the petition. To the Senate and House of .Representatives of the United Statl>.s in Oongress assem The bill was ordered to be engrossed and read a third time; and bled: being engrossed, it was accordingly read the third time, and passed, Your memorialists, representing; in their business and commercial capacity that section of country embraced wituin the limits of West Tennessee, North Mlssis· two-thirds voting in favor thereof. ~i~Ji~~orth Alabama, and Eastern Arkansas, respec~lly show to your honorable DIMIGRATION • • That, since the establishment of the Signal Service Department of the United States 1\Ir. PIPER, by u.nanimons consent, introduced a bill (H. R. No. Army, in the year 1871, the above-described districts have been made to realize, in 2812) to amend an act supplementary to the acts in relation t.o immi a most forcible and convincing way, the great benefits conferred upon the country gration; which was read a first and second time, referred to the Com ~~ ~~if~~~tv~t~~b~~~ ~foth!hs~~~~!.tricts, by the investigations and workings mittee on the Judiciary, and ordered to be printed. But while these investigations have been of signal advanta~e and benefits to these districts, both throu .~h the system of river r eports, showing the probable changes INDIAN DEFICIENCY BILL. in t.he Mississippi River, so extremely important to the agricultural, commerci!tl, Mr. ATKINS. The Committee on Appropriations have instructed and river transportation interests of onr community, and the valuable tabulated statements of heat and cold, frosts, min-fall, storms, and other matter, so important me to ask the House to take some action on the bill making appro in their bearing upon the agricultural interests of the whole country as aftbrding priations to supply deficiencies for cm·ta.in Indians. The bill passed valuable data in estimating the tot.1.l ag;ricultura.l productions of tho States; yet, the House appropriating 100,000. It went t.o the Senate and was as at prcsrnt distributed to the people, tno system of daily weather bulletins reaches there amended by, striking out $100,000 and inserting $150,000. The but a small portion of the populace, especially in the interior districts, while the limited number of reports from the many stations where the meterological observa· Committee on Appropriations instructed me to move a non-concur tions are t.'lken accorded to theso di tricts, and especially to Memphis~their great rence in that amendment; and I ask unanimous consent to take that centralpoint of distribution-goes far to dofeat the purpose of the law creating the bill up now. Signal Service Department, at least as far a.s its benefits to these immediate dis· tricts are concerned. No objection being made, the Clerk read the title of the bill, as Wo respectfully r epresent th.1.t to no cotnmunity favored with the Signal Service follows: A bill (H. R. No. 2589) to supply a deficiency in appropria bulletins could they be made so valuable as to the above.enumerated sections, sit- tions for certain Indians. . uated as they are within the northern cotton belt, aml dependent almost exclu The amendment of the Senate was in line 5, after the words" one sively for their very existence upon the cultivation of that most sensitive of shrubs, the cotton plant, which is peculiarly affected in these northern regions by the hundred," to insert the word "fifty." . varying extremes of heat and cold, ram-fall, and drought; and, developinp; an exten Mr. ATKINS. I move that the amendment be non-concurred in. sive fnut-culture in a most uncertain climate, these sections present cla1ms for the The motion was agreed to. most lavish distribution of accurate meterological information, which are probably The SPEAKER. Does the gentleman desire to ask a committee of more powerful and self-evident than those urged by any other section of the United States. conference t But we fully realize that, with the present appropriation at the disposal of the Mr. ATKINS. I do not. Chief Signal Officer, the demands of our community and the adjacent country for 1\Ir. HOLMAN. We understand that under the rnles under ordi an increased amount of meterological information, so important to our a..,"Ti.cultura.l nary circumstances the request for a. conference shall come from the interests, cannot be granted, nor can the information under present conditions be disseminated to any valuable extent, so fur as these immensely important planting branch of Congress which insists on the amendment. and agricultural interests are concerned. We therefore pray that the a-ppropriation for this Department, at present so in CONTRIBUTIONS TO ELECTION FUNDS. commensurate wit.h its important and intrinsic value, be increased to such sum as· The SPEAKER. The morning hour begins at twenty minutes be the great experience of tho Chief of the Department may determine to be necessary fore one o'clock; and the first business in order is the call of commit for its working in the manner originally contemplated by the law creating it. J. T. PETTET, tees for reports of a public nature, the call resting with the Commit President Oham ber Oommerce. tee on the Judiciary. The House will now resume the consideration J. R. FLIPPIN, of the bill (H. R. No. 876) reported from the Committee on the Judi Mayor of Memphis. ci:Lry making it a misdemeanor for any person in the employ of the W. B. GALBRAITH, President Memphis Ootton Euhange. United States to demand or contribute election funds. The bill was Official: still pending at the close'of the mornin~ hour yesterday. The gen- By order of the board of directors Memphis Cotton ExclL'tnge. tleman from Maine [Mr. BLAINE] is entitled to the floor. . .TNO. S. TOOF, Mr. BLAINE. I ask that the Clerk report the original bill, the Secretary. By order of the board of ofti£ers of the Memphis Chamber of Commerce. amendments reported from the committee, the substitute proposed by . JNO. S. TOOF, the gentleman from Kentucky, [Mr. BRoWN,) and the amendment &cretary. moved by the gentleman from Massachusetts, [Mr. HoAR.] 1886 CONGRESSIONAL . RECORD- HOUSE. MARcH 22, The Clerk read as follows: · Mr. BLAINE. I must differ with the gentleman in re~ard to the Be it enacted, &c., That from and after the passage of the a~t it shall not be law. practice of the House. I ask the Clerk to read my ameuument. ful for any person or persons in the employment of the United States to demand The Clerk read as follows : from any other person so employed any money or other valuables to be used as an election-fund or to defray the expensel:l of an election in any Stato, county, or na Amend section 2, line 2, by inserting after the words" United States" J'.lefollow- tional election in the United States. ina words: SEc. 2. That it shall not be lawful for any person or persons employed in t-he 5r any Senator, Representa_tive, or Delegate in Con~ess. · service of the United States, in any manner whatever, to contribute any money or And at the close of the section a-dd: other valuable thlng to be use(l as an election.ftmu or to aid in the expenses of any And the coptribution of money or other valuable thing as herein prohibited by election or canvass for an election in any State, cilunty, or district in the United any Senator, Repre entative1 or Delegate in Congress, while he was a candidate for ·states. such position, shall, in addition to the penalties herein prescribed, operate as a dis SEC. 3. That any person violating the provisions of either of the preceding sec . qualification to his holding his seat. tions shall, upon conviction, be deemed guilty of a misdemeanor, and shall be fined Mr. BLAINE. I desire to congratulate the House upon the forma} not exceeding $1,000 and imprisoned not exceeding one year, at the discretion of the judge tryin_g the cause. · surrender, if I may use that word of that extreme doctrine of State SEc. 4. That the judges of the distTict and circuit courts shall give this act in rights which the other side of the. Chamber have for many years charge to grant.! juries. held, in regard "t Mr. GOODE. · If the gentleman asks for information on that point, Mr. BLAINE. The gentleman means to have a free blow in State I can give it to him. elections, and only tries to co:qtrol national eledions. Mr. BLAINE. I was addressing another gentleman. Mr. BROWN, of Kentucky. It only applies to offic-ers or employes Mr. GOODE. My colleague may not be able to give the facts -as I of the Government who shall give or solicit money or other thing of can. value in any election; but I will read it: Mr. BLAINE. Wait till I state the case. If I do not state it cor That no officer or employe of the Government shall require or request, give to or nictly, t he gentleman can then do so. The blindfolded man put his receive from any other officer or employe of the same or other person, directly or hand into the ballot-box, and almost as a physical necessity drew out indirectly, any money, property, or other thing of value for political purposes. the large ballots; so that when the poll was finally declared, although Mr. MILLIKEN. Now read the third section, that the judges of there were notoriously and undeniably several hundred republican . the district and circuit courts shall give this actin charge to the grand voters in the precinct, there were only five republican votes in the juries. · ballot-box. [Laughter.] Of course, in the language of " Hon. Bard Mr. GARFIELD. What page of the RECORD is the gentleman read well Slot.e," the democrat was elected ''by a hu·ge majority." ing from f Now, Mr. Speaker, I have no intention to overstate this case. If I Mr. BROWN, of Kentucky. From page 19. have misstated it, I would gladly be corrected. If I have not mis .Mr. BLA.Il\TE. In what respect now does the gentleman hoid that stated it, I am sure that honorable gentlemen on the other side, who it differs from the original bill t The bill says for national, State, or must be just a.s anxious to secure fair results as we on this side, will county, and the gentleman's substitute states for" political purposes." unite with us in agreeing that there is as great a necessity for legis Does not that include State and county electionsT There is no lim lation which shall secure an honest vote and a fair count as there is itation. for providing that some poor, impoverished clerk shall not have five ·1\lr. BROWN, of Kentucky. It applies only to officers or employes or ten dollars wrung out of him for election expenses.· \Vith that ·part of the Government, and not to persons not in employment of the Gov;. ·of the bill I entirely sympathize-more for the sake of t.he clerk than ernment. on any other ground, because I think what the clerks have contributed Mr. BLAINE. Yes, who interfere in State elections for political has never amounted to a very large ''corruption fund," whereas their purposes, as you say. Suppose an Auditor or Comptroller in the city contributions may have seriously inconvenienced themselves in a pe- of Washington chooses to send a fifty-dollar bill out to Kentucky, or cnuiarv sense. · wherever he. resides, to be used in a State election, or in a county The ~gentleman from Michigan [Mr. HUBBELL] hands me a report election for a State officer or a county officer, does not the gentle showing that in Ul56 the clerks were a-ssessed twice in one year. It man's bill punish him t was a hard year for the democrats, and Pennsylvania was very close. Mr. BROWN, of Kentucky. It punishes an offic.er or employe of [Laughter.] It took two assessments out of the poor clerks that year. the Government, and not those not so employed. I do not know the republicans have ever taken more than one. Mr. BLAINE. What for f [Laughter.] Here it is in the testimony of one J. L. Cramer: Mr. BROWN, of Kentucky. For contributing money for political · Question. Do yon know for what State or for what purpose that money was col purposes. lected either in 1856 or 1858 1 Mr. BLAINE. In his own State, in any State or county T Answer. I t.hink the money of 1856 was collected to be appropriated to pay some balance to be supplied in Pennsylvania. If I remember aright, the democratic Mr. BROWN, of Kentucky. It does not relate to any person not in State committee had got into debt quite a sum of money, and it was with a view of the employment of the Government who may contribute money in liquidating that debt that the money was raised. It was just after the October State elections, but, proposes to punish all such officers or employes· as election, I think. There was another collection to pay for some documents which may accept, give, or solicit money for political purposes. had been printecl to be distributed. Q. Were there not two assessments made that year-one before the election and Mr. BLAINE. Then, if the gentleman makes any point at all, it is one afterward-to make np a deficiency1 that he would not seek to correct corruption in State elections, but A. That is wl1at I spoke of. I think one was before election and one to make np only in national elections. a deficiency. I was under the impression the deficiency was the only one I bad Mr. LUTTRELL. State laws will provide against that. anything to do ·with. 1\h. BLAINE. Then he does not go with the bill of the committee 7 I am not standing here to maintain that all parties have not been Mr. BROWN, of Kentucky. No, sir; but with the substitute. in the habit of Q,oing this thing. There is no need of Phariseeism Mr. BLAINE. He wants to save tbe State-rights doctrine. I now about it. It is a well known and recognized fact that persons holding yield to the ~entleman from Pennsylvania, [Mr. TOWNSEND.] official positions in the United States have been in the habit of con Mr. TOWNSEND, of Pennsylvania. I offer the amendment which tributing toward ele.ction and campaign expenses. I do not think, I send to the desk. however. so far as I k::tl.ow, the1·e has been coercion under the repnblican The Clerk read aa follows: nfgi1nein Washington. Idonot.thinkthatpersonshave been discharged . Provided, That any expenditures for election purposes allowed by the laws of any or threatened for failing to contribute. I do not say I know it was State shall not be construed as being affected by the provisions of this act. · done in democratic days either. That both parties have been in the Mr. TOWNSEND, of Pennsylvania. I offer that amendment feel habit of receiving assessments and contributions frori1 their office ing thn,t the bill as. report~d by the Committee on the Judiciary in holders is something altogether too well known and altogether too terferes very matermlly with the laws of the State of Pennsylvania notorious to be denied or quibbled about. in regard to allowing election expenses; and in order that the House It may run into a great evil, and I thank the gentlemen of the Judi may understand how far the laws of Pennsylvania allow election ex ciary Committee for proposing a remedy for that evil. I also thank penses, I ask the Clerk to read the sections which I have marked. the House for the very large majority with which yesterday they in The SPEAKER. The Chair would inquire of the gentleman fi·om dicated their purpose of striking at an evil which is far graver than Pennsylvania what part of the original bill be proposes to amend 'f that, because I undertake to say, Mr. Speaker, that the contributions Mr. TOWNSEND, of Pennsylvania. 1\Iy amendment is to the first which are made in congressional elections, both by those who are section of the bill, which provides that- successful and those who are defeated, exceed by many times over at From and after the_passage of this act it shall not be lawful for any person or every congressional election the sums which are contributed by per persons in the employment of the United States to demand from any other person sons holding Federal or State offices. I think that is equally noto so employed any money or other valuables to be usecl as an election-fund or to de rious; and if we design to correct this evil, to cut it up by the roo'ts, fray the expenses of an election in any State, county, or national election in the . we should extend this law so that neither a Representative in Con United States. gress nor a Senator nor a Delegate in Congress nor a candidate for I desire that at the end of that section the proviso may be inserted; either of these places shall use money for the purpose of promoting and that the House may understand my reason for doing so, I a-sk his election. the Clerk to read the law of my State, which allows certain election The gentleman from Pennsylvania [Mr. TOWNSE~] desires me to eering expenses as being proper and legitimate. yield the floor to him, and I will do so at this time. The Clerk read as follows: Mr. BROWN, of Kentucky. I believe the gentl~n agreed to yield Ko person who shall hereafter be a cn.ndidate for the nomina.tion or for election tome. to the senate or house of r epresentatives, or to any office of the judiciary, or to any Mr. BLAINE. I did; and, if the gentleman from Pennsylvania will State, municipal, or county office in this Commonwealth, shall pay or contribute, • either directly or indirectly, any money or other valuable thing, or knowin~ly allow excuse me, I will yield first to the gentleman from Kentucky. it to be doneoy others for him, either for the nomination, election, or appomtment, Mr. BROWN, of Kentucky. I only ask the gentleman to yield to except necessary OX!Ienses, as follows, to wit: me for a question. He indulged in certain criticisms upon the original 1. For printing and traveling expenses. bill as it came fi·om the Committee on the Judiciary. Am I to under 2. For dissemination of information to the public. 3. For political meetings, demonstrations, ancl conventions. stand that he deems the substitute offered by myself open to the same The foregoing expenses may be incurred either in person or through other indi objections urged by him against the original bill 7 · viduals or committees of or~anizations d:uly constituted for the purpose, but nothing Mr. ·BLAINE. By a casual reading of the substitute I think it is. contained in this act shall oe so construed as to authorize the payment of money or Mr. BROWN, of Kentucky. I think not. other valuable thing for t.he vote or influence of any elector, either directly or.indi .r ectly. at primary, township, general, or special elections, nominating conventions, Mr. BLAINE. In what respect does it differ from the original bill¥ or for any corrupt purposes whatever incident to an election. And all judicial, State, Where is the difference between the two T county, and municipal officers hereafter elected shall, before entering upon the du Mr. BRO\VN, .of Kentucky. It will ta,ke me some time to define ties of their respective offices, take and subscribe the oath prescribed by section 1 the difference. of article 7 of the constitution of this Commonwealth. Mr. BLAINE. If I understand the gentleman, he proposes to pun Mr. TOWNSEND, of Pennsylvania. Now, it will be observed that ish any one who interferes in a State electiou by contributing money. the original bill coming from the Committee on the Judiciary would Mr. BROWN, of Kentucky. Not at all, except officers or employes prevent n.ny person from contributing to the expenses of an election, of the Government. as allowed ~y the State of Pennsylvania. It would prevent any in- 1888 CONGRESSIONAL RECORD-HOUSE. MARCH 22, dividual from contributing- to the printing of tickets, to the printing it; and to hold an election in that way, I care uot who is responsible of the addresses of the chaumen of count.y committees, from contrib for the law, is no better than to decide it by throwing dice, and in that uting to the expenses of holding political meetings, political demon case it is throwing dice with one party having the dice loaded. I say strations, political conventions, and, in fact, it would prevent any tha't a ticket of that size-[holding up one, as follows:] officer from contributing to election expenses in any shape or way whatsoever. I submit to those gentlemen on the other side of the House, who are stringently in favor of Sta.te rights, that their bill City of Petersburg, will override the law of my State and prevent the contribution to Virginia all such ·expenses as are provided for and allowed by the law of the ELECTION, State of Pennsylvania, and make unlawful there what is lawful now. November 3rd, 1874. I hope there may be no objection to the addition of that proviso. It refers entirely to State elections. Mr. BLAINE. Two gentlemen from Virginia rose to interrupt me. For Representative If I misunderstood the law of Virginia and its operation, I shall be in CongN"..!S glad to be corrected. My remarks were addressed to the gentleman From 4th District: Irom Virginia [Mr. TucKER,] with whom I have the honor to serve Judge on the Committee of Ways and Means. Wm.H.Mann, Mr. TUCKER. I did not rise, because really I was not cognizant of the facts of the case. My colleague from Virginia [Mr. GooDE] in whose district the election occurred will be able to state the facts, and Not.I. .. 1876. CONGRESSIONAL ~EOORD-HOUSE. 1891 him for the ·expre sian of the sentimnut-that the practice of collect ment both to the original bill and to the substitut-e, and shall ask a ing money to be used for con·upt election purposes was the most dan vote of the House upon it when the amendment offered by the gentle gerous practice to our l.JbP-1ties and that wherever this practice pre man from Maine [Mr. BLAn<""E] shall haYe been voted down, as I hope vails it poisons the waten! of civil liberty at its very fountain. It it will be. was a sentiment worthy to be commended, and I hope gentlemen on Mr. PAGE. I rise to a point of order. I desire to inquire how many that side of the House will un~te with us in suppressing this great amendments to this bill are in order 'f wrong. • The SPEAKER lJ1'0 tempore, (Mr. Cox.) Tho 1:>entleman from Vir Mr. HOAR. I did not say it was "the" most dangerous practice to ginia [Mr. GOODE] offers an amendment to the or1ginal bill and to the om· liberties. I said it was " oue of the" most dangerous. substitute. Mr. GOODE. That is immaterial; I adopt the sentiment in what 1\ir. REAGAN. I desire that my amendment shall be first read in e' or phraseology the gentleman may have couched it. its order. Now, Mr. Speaker, I do not intend to follow t.he gentleman from The SPEAKER pro tempm·e. The amendments will be vqted upon Maine [Mr. BLAUm] in his stump speech. In a certaiu contingency in the order in which they are presented, first to the original bill a.nd I may have an opportunity before the ides of November to discuss then to the substitute. these questions. Unfortunately for the gentleman, it seems to ue his Mr. BLAINE. I rise to a point of order. Under the rule I am en habit of mind to stray into partisan politics whenever he rises to address titled to a privilege of wbJch I wish to avail my elf. The previous this House. We·are here for the business of legislation, and for one question has not yet been seconded, and so long as it is not ·econded mortal hour this morning we have been entertained by the gentleman I have the right to modify my amendment. The gentleJllan from Vir with a harangue which would be appropriate on the stump. ginia [Mr. GOODE] has criticised my amendment in its pre ent form Now, in regard to my colleague, so called, from Virginia, [Mr. as violating the Constitution. Not wishin~ that any escape, from a STOWELL.] · f::tir vote shall be had by a criticism of that J{ind, I modify my amend Mr. STOWELL. Is that because yon are not entitled to your seat T ment. :Mr. GOODE. The gentleman says that in Virginia the law is as I Mr. CAULFIELD. I object to the amendment being modified. . stated, that one judge should be selected from each political party. Mr. BLAINE. But I have the right under the rule to modify it. That is true; but if the gentleman bad read further he would have lth·. C.A. ULFIELD. I insist that I still hold the floor. found that the law furthermore provides that all of tbe judges must The SPEAKER pro temp01·e. The gentleman from Illinois [Mr. be able to read and write. [Laughter.] Now the gentleman has the CAULFIELD] is certainly entitled to the floor. The Chair has not yet honor to hail from what is known as "the black district" iu Virginia, recognized the gentleman from Maine, [1\h'. BLATh'E.] and unfortunately, sir, there are not enough white repu blicans-I said Mr. GOODE. I desire to say that my amendment is designed as unfortunately; I beg pardon, I meant fortunately-therearenot white an independent section, both of the original bill and of the substi republicans enough to be found in the eleven counties which consti tute. I wish to say, however, that I most emphatically prefer the tute his district to furnish judges to meet the requirements of the substitute to the original bill. . law, who are able to read and write, [laughter,] and therefore-it is The SPEAKER p1·o tmnp01·e. · The Clerk will read the amendment that in his eleven counties only one republican judge of election, he of the gentleman from Virginia. says, has been appointed. . Were not those demoGratic judges exceed Mr. PAGE. I made a point of order, upon which I desire to have ingly fairY Does he not acknowledge their honesty and integrity the ruling of the .Chair. and fairness when, democratic as they were, they had the honesty The SPEAKER Jn·o t61npo1·e. What is the point of order f and the nerve to return the gentleman from Vermont-! beg pardon, Mr. PAGE. I desire to know how many amendments can be offered from Virginia! [Laughter.] to this bill and be pending at the same time. My point of order is Now, sir, he has eleven counties in his district, and there was not that there are already pending more amendments than the rule allows. a solitary democratic delegate from his district from :my of these The SPEAKER 1Jro temp01·e. The gentleman from Ca1iforuia [1\!r. counties, but they sent an unbroken republican delegation until re PAGE] must know that many amendments can be pending, if offered cently his friend and partisan, his colored friend, Mr. Ruffin, was ex to different portions of the bill. pelled from the house of representatives for petit larceny, :md the Mr. BLAINE. Not at one time. men of all parties, democrats and republicans, blacks and whites, The SPEAKER pro tmnpore. The Chair did not decide that. The arose in their majesty and strength and elected a white man aud a amendment of the gentleman from Virginia. will be read. _ democrat, because he was honest. Mr. BLAINE. That cannot be done until the other amendments Now, sir, such is the state of things in "the black district," which are disposecl of. The poiut. of order made by the gentleman from tho gent.leman has the honor to represent. If he will read the stat California [Mr. PAGE] must certainly be good. ute he will find that the most plausible reason for not appointing re Mr. CAULFIELD. I hold the floor. publican j ndges of election in his district was that they could not be The SPEAKER pro tentpo1·e. The Speaker of this House who has f(.lnnd who were able to read and write. I know that in the portion just left the chair decided that various amendments could be made oJ the State from which I hail the judges (and I undertake to say to cliffercnt portions of the bill. . · they are a~:> pure and incorruptible as ever adorned any bench in this 1\!r. PAGE. I have raised a point of order, and I ask the ruling of la11d) Lave complied with the law and appointed in every ca e one the Chair upon it. republican jndge of election. The SPEAKER p1·o tempore. The Chair rules that various amend Now I a.rn indebted to the courtesy of the gentlem:m from illinois, ments can be offered to different sections of the bill. (:Mr. CAULFIELD.] I rose to meet these personal allusions to my dis Mr. BLAINE. While an amendment and au amendment to an trict, and if the gentleman from Maine [Mr. B~] will read the amendment are pending, is another amendment in order contested-election case of Brady vs. Gayle he will find that, after a The SPEAKER pro tentpore. The amendment does not go to the searching and honest inquiry by a committee of the senate of Vir whole bill. ginia, the seat was awarded to Mr. Gayle by a vote of 18 to 11, and Mr. BLAINE. We are not considering this bill by sections. they did it expressly upon t.he ground that the surploo ballots were 1\h'. GOODE. I onlv intended to indicate that· if the amendment of drawn out by a blindfolded judge in the only way provided by law. the gentleman from Maine [ Ml'. BLAI.l.~ ] should be voted down, I Mr. HOAR. I desire to ask the gentleman from Virginia a ques would move that amendment. tion about the black district. I woul The Clerk read the amendment, as follows: Mr. :WIKE. Probably there is no State in the Union that provides That if any person, with a view to the election to or obtaining votes for the office by law the length or breadth or thickness of tho paper on which elec of President, Vioo-Presiuent, or the place of Senator, Representative, or Delegate tion ~ckets are printed. The la.ws of some States make provisions in the Congress of the United States, or to the appointment t~ any office or post of in reference to the character of the tickets, but none so far as I know honor or emolument under the Government of the United States of himself or any other person, shall use force or duress, by menace or violence to life, limb, prop prescribe the size of the tickets. erty, or liberty, or shall commit bribery, or uso money, property, or othorthing of Mr. PAGE. I will inform the gentleman that the States of Cali value, corruptly to influence any elector, voter, officer, or other person in or in re fornia and Nevada have laws regulating the size of the ballots. s~t to any election or appointment to any such office or post, he shall, upon cou Mr. CAULFIELD. I yield ten minutestothegentlemanfromNew vtction thereof, be fined not less than $500 nor more than s:~.ooo, and be imprisoned not more than one year, at the discretion of the judge trying the case. . York, [Mr. Cox.] Mr. COX. 1\Ir. Speaker, there has been a great deal of unnecessary Mr. CAULFIELD. I now yield to the gentleman from Virginia discussion here on this bill. Both parties in this House appear to be [Mr. HARRIS] for five minutes. · · anxious for purity of elections. We all know how elections have Mr. HARRIS, of Virginia. Mr. Speaker, I will not consume five min been conducted in the Southern Stat.es since ra-re-re-construction utes. I rise merely to repel what might seem to be an insinuation or began. We all know how States have been overturned, as well by reflection upon the Legislature of our State providing for the mode of tho use of military force as by legislative fraud and electoral im disposing of an exce,ss of ballots found in the ballot-box. The gentle purity. Who are responsible for the long series of frauds in the man from Maine said the law seemed to be-framed designedly for the Southern States f Our records will answer. Men have been elected purpose of enabling the dominant party to commit fraud, to cheat to Congress by votes in this Honse who never were elected outside. at elections. Now, sir, it is known to the country that the intelligent It is pleasant now to see the gentleman from Maine all at once be- portion of the convention which framed this provision was composed coming so anxious about the purity of elections. . mainly of white men from the North who went down to Virginia after Mr Speaker, I do not like to refer to anything in connection with the war, and I wish the Clerk to read an extract from the Code of Vir natural history in this House. [Laughter.] I have already got into gi~iatogetherwith an extra-ct from the Code of New York, by which it some trouble by that; but I think I might be pardoned if I should Will be seen that tho New York men who were members of our conven refer to the gentleman from Maine as having shed some "crocodile tion brought the New York law with them and incorporated into our tears" over this subject. There is a little bit of poetry that might code that special provision with a view to prevent fraud. The provision apply to him : of our code on this subject is copied almost verbatim from the New York How cheerfully he seems t~ grin ; law, and the same law I understand prevails in a majority of the States How neatly Rpreads his claws, To welcome little fishes in, of this Union. With gently smiling ja.ws. In regard to the political complexion of the commissioners of elec [Laughter.] , tion, I will say that in the district where I reside a republican is ap 'l'he gentleman from Maine is very sad and. lugubrious over the con pointejl in every case along with a democrat to superintend the elec dition of the suffrage iu this country. Why did not his zeal and that tion. After those two statut-es are read, I shall have nothing further of his party begin long since f · · to say, except to call the attention of the House and the country to From the earliest period known to the common law; from the ear the fact that our law was not framed for the purpose of facilitating liest decisions of English jurisprudence, notably in the leading case cheating at elections, but was adopted in harmony with the law of decided py Lord Holt, it was declared penal for an election officer New York, from which it was copied almost ve1·batim. · I ask the Clerk to refuse a legal vote. From the time when such a thing as voting to read first the provisions of the Code of Virginia. was first known to civilization, elections have been guarded against The Clerk read as follows: fraud and force by judicious and penal legislation. The old English If the ballots in the ballot-box are still found to excee REPoaucA.-. STATE TrCJ For Justice& of the Supreme Court, LongTPrm, A. L. Rhodes; Short Term, Addison C. Niles; For Super- ~ I intendent of Public Instruction, B. N. Bohnder; For Justices of thr P~ """' C. \V. Riley, 0. A. Muon. 1876. CONGRESSIONAL RECORD-HOUSE. 1893 I wish if possible to have them printed infac simile in the RECORD. vated in their right hands above their heads, while a navy-yard boss If it is possible to do_this exactly, it would more than offset the gen stood there with his book to count them and turn them off unless tleman from Maine. [La.nghter.] I believe I will go over and show they voted that ticket Y iihem to gentlemen on the other side, if they will allow me. [Great Mr. PAGE. I want to ask my colleague whether he did not stump laughter as Mr. Cox crossed to the republican side.] Here, gentlemen, Sacramento County for NEWTON BooTH, who was elected on that are these two tickets voted at Mare Island. They call these tickets ticketf • the "tape-worm ticket" in California. [Laughter.] They are got Mr ..LUTTRELL. No, sir; I did notstump SacramentoCountyfor up for the purpose of forcing them into the bands, in ter'l'orem., of the NEWTON Boom as governor; but I stumped the State for Henry H. navy-yard employes; and this bill is intended just to stop that ras Haight. cality. Mr. PAGE. When NEWTON BooTH was candidate for Senator, did Mr. PAGE. Allow me for one moment. The republican Legislature you not stump Sacramento County for him 7 immediately after this ticket was voted at l\Iare Island, or. the Legis Mr. LUTTRELL. No, sir. I will tell you what I did do. lature that met subsequently, pa.ssed a law requiring a ballot eighteen Mr. PAGE. Will my colleague answer my question f inches long and four inches wide. [Laughter.] They reqnh·ed that The SPEAKER p1·o tempore. The gentleman can answer it in his _ballot to be printed on paper of a uttiform color, describing the type own way. and everything in connection with it. In fact they revived the elec- Mr. LUTTRELL. I aided the fusion ticket of democrats and lib '-tion law of that State. That wa.s signed by a republican governor, eral republicans, who abandoned the rotten republican party of Cali and was passed by a republican Legislature. fornia, and I stumped Sacramento County for that ticket; and that Mr. LUTTRELL. It wa.s introduced in a democratic senate and ticket was supported by the present attorney-general of my State and by a democra.Lic senator. I happened to be there and know. many of the leading democrat-s of my State, the present comptroller Mr. COX. I have not specta-cles which will magnify enough to being one of them. enab1e me to see the names on these remarkable tickets. They are Mr. PAGE. Now, did you not stump for NEWTON Boom as Sena printed in such very small type, that I doubt whether there is any torT • man here over the constitutional age to be a member who can read l\lr. LUTTREL.L. I never stumped the county for NEWTON BooTH them. [Laughter.] The eyes that can read these tickets must be as Senator ; never. long to one twenty-five years old, not over. The letters are printed Mr. PAGE. I want to ask my collea(J'ue another question. so small on these" tape-worm tickets" that you cannot see them, by Mr. LUTTRELL. I do not yield further. I tell my colleague that any arrangement, mechanical or political. [Laughter.] what he has stated is incorrect. I stumped Sa-cramento County for Why were they put into this fraudulent shape 'f They were repub the democratic ticket, aa I hope to do again at the next election, and lican tickets, and are we not often informed by the gentleman that against all those infamous frauds which have been heaped upon our his party ha.s an excess of moral purity f Did it repeal the trickery State by the gentleman's own party leaders. which sent the republican candidate to Congress.here last Consress Mr. CAUL:FIELD. I resume the floor. but one f The democratic candidate for governor, Governor Haight, Mr. PAGE. Will my colleague yield for one question 'f was also defeated by the use of these scandalous devices. I know Mr. CAULFIELD. The gentleman from California has not the that Governor Haight was beaten by a pretty large maJority; but if floor any longer. . this thing ran in the same way into other districts as they did in the l\lr. Speaker, since this discussion commenced yesterday I have Mare Island navy-yard district, it was not a fair beat. been banded by a republican office-holder in this city the paper which Now a few more remarks on the "tape-worm ticket" and lam done. I send to the Clerk's desk and ask to have read. This paper was These tickets were intended to intimidate the workingmen, to cheat inclosed in an envelope, postage paid, and having printed on it the . them of their fair free will. The scheme is apparent: "No vote in name of the present postmaster of this city, as I understand: this way, no work." It is worse tenfold, Mr. Spea-ker, than the use of The Clerk read as follows : the military against the ballot. It is worse tenfold than the old En UNION REPUBLICAN CONGRESSIONAL EXECUTIVE CmiMITTEE, glish mischief which kept the military near the voting-pla-ce, and Washington, D. a., August 7, 1875. which English law undertook to punish. It is fraud. The same thing, DEAR Sm: In view of the approaching }>residential campaign and the State elec somewhat modified, has been practiced in other navy-yards, and the tions which are to occur the coming autumn, this committee has been directed to primary object of this bill introduced by the Judiciary C_ommittee, notwithstanding the gentleman from Maine tried to (livert and com ~~11~: !i:c~J~:oel~~~had~c::~~~~~s \~iTI\~~!:~u:.ff:tlt~~:O~~~an party, Assuming you to be a republican, desirous of maintaining the aacendency of the plicate and enshroud 1t with all sorts of meanings applicable to Con republican party, and thus securing the benefit of republican principles, and that gress and otherwise-the meaning of this bill was that the employes to do this you are willing to contribute, to a reasonable extent, in providing the . of the Government should not be taxed against their free will under necessary and legitimat-e means to support the republican party, both in the form penalty of losing their bread and their places. of personal effort and in the contribution of money, we hope you may be willing to send to the committee 12, to be expended as above indicated. · Now, Mr. Spe~ker, since I am going to make a few remarks on civil The committee desire to enter upon their duties at once, and it is of the utmost freedom I will leave this side of the House and go to my own. [Mr. importance that they be able to make up the list of contributors and those who will Cox here, amidst great laughter, returned to the democratic side of take an active part in the work and to JUd~e the extent of the means to be at; their the House.] I want the reporter, if it be possible, when he makes a disposal by the 1st day of the coming month. Please reply under cover of the inclosed envelope, and greatly oblige the com facsimile of these tickets to count the names and offices upon them mittee and your obedient servant, and t he small space or slip allowed for the list; so that we may see J. M. EDMUNDS, where the mischief is, and how proper it is to remedy it within our Secretary. own jurisdiction as members of the F~deral Legislature. _ It is particularly desired that in replying to this letter the name of the ]>l?St-office Now, I agree with the sentiment which was announced by the gen and State, together with the date and name of the writer and his official title, should be written clearly _and legibly, in order that credit may be properly given. tleman from Ma.ssach~setts [:Mr. HOAR] and echoed on this side. I agree that one of the crying evils of our time is corrupt suffrage. The l\fr. CAULFIELD. The Clerk will please read the names of the South more than any other section knows who has suffered by it. I committee. believe that no higher grievance could be felt than the suffering under The Clerk read as follows: a bad election system. And I will say this in conclusion, aa the time EuetUi.ve committee.-Hon. Z. Chandler, (chairman;) Ron. S. Cameron, Hon. John of the gentleman from Illinois [Mr. CAULFIELDl is nearly out, that of Coburn, Hon. John A. Logan, Hon. H. H. Starkweather, Ron. William M. Stewart, all things to be guarded in this House and elsewhere, above the judi Hon. Marcus L. Ward, Hon. T. C. Platt, Hon. George C. McKee, Ron. J. M.. Ed munds, (secretary,) .Jacob Tome, (treasurer.) ciary, above legislation, above all other matters pertaining to a republi Union republican reh'ident committee.-Hon. B. R. Cowen, Washington, District of can government, is the foundation of American and all other repub Columbia; Hon. E. W. Barbour, Hon. .Allan Rutherford, Ron. J. M. Edmunds, Col. lican polity, a fair and honest euffrage.· Wj.thont it all your other G. W.Dunn. liberties will fail; or, as Emerson has it: Mr. CAULFIELD. I now yield to the gentleman from Virginia. For what avail the plow and sail, [Mr. GoODE] that he may offer his amendment. Or land or life, if freedom fail 7 Mr. GOODE. I offer the amendment which I send to the desk.· Mr. CAULFIELD. I yield now to the gentleman from California, The Clerk read as follows : [:Mr. LUTTRELL.] .After section 3 in the b"ul, and after section I in the substitute, add the following: Mr. LUTTRELL. I want to say a word in relation to these tickets. SEc. 2. That if any person, with a view to the election to or obtaining votes for I represent the district in which these tickets were used. Mr. Cogh the office of Presillent, Vice-President, or the post of Senator, Represent..'ltivo, or lan, who wa.s the candidate for Congress at that time, was elected by Delegate in the Congress of the United States, or to the appointment to any office these tickets by a very large majority. The next year when I made or post of honor or emolument under the Government of tho United States, of him self or any other person, shall use force or duress, by menace or violence to life, a canvass of this district I exhibited these tickets throughout the (lis limb, property, or liberty, or shall commit bribery, or use money, property, or other trict, and although Grant carrie!! the district by 5,000 majority, I was thing of value to influence any elector, voter, officer, orothei·person in or in r~p~t elected by some 1,200 majority. And, sir, in the next Legislature that to any election or appointment to any such office or post, be shall, upon conviCtiOn wa.s convened a bill wa.s introduced by a democrat and passed by a thereof, be finetl not Jess than $500 nor more than :.1,000, and be imprisoned not more democratic senate and the republican assembly was forced to adopt it, than one year, at the discretion of the judge trying the case. introducing a uniform system of balloting in my State. Mr. PAGE. I insist on the point of order which I made a while ago. Mr. PAGE. Will the ~entleman yield to me for a question 7 The SPEAKER. Tho Chair overrules the point of order and holds Mr. LUTTRELL. I w1ll yield in a moment. I want to say further that the amendment is in order, because the treatment and discussion that the honest workingmen, who bear scars from head to foot re of this bill thus far bas been upon the assumption that the Honse is ceived in the service of their country while fighting for t he Union, acting on tlle bill by sections; hence it is th;~t to t~J.e original te:xt of were forced to walk up shoulder to shoulder with those tickets ele- th~ bill four amendments llave been already pernntted to be oftered, 1894 CONGRESSIONAL RECORD-HOUSE. MARCH 24, not one of which was offered as an amendment to an amendment, but modify my amendment, and the gentleman now occupying the chair each one as an amendment to a separate and distinct part of the orig put me off. inal bill. The bill having been so treated by the House, the Obarr The SPEAKER pro tempore. The gentleman from Maine ga,ve not ice must therefore hold that the amendment is in order. of it, and the Chair cannot take sna,p judgment on members. The Mr. BLAINE. I do not wish to dissent captiously from any decision Chair rules that the gentleman from Maine [1\lr. B.LATh"'E] has aright the honorable Speaker may feel called upon to make ; st ill less do I to modify his amendment. wish to carry any difference to an appeal. But I do nt>t think proper Mr. CAULFIELD. The question is, Who is attempting to take to remain silent and have it inferred that I concur in the decision snap judgment T just made in regard to so many amendments being in order at tho The SPEAKER p1·o tempo're. The Chair had no reference to the same time. I think the ruling is new and extraordinary. gentleman from Illinois, [ltlr. CAULFIELD.] 1\lr. CAULFIELD. . I now yield for five minutes to the gentleman Mr. HOAR. The rule is that amendments cannot be modified after f.rom Ohio, [Mr. SoUTHARD.] . the previous question is seconded, not after it is called for. Mr. SOUTHARD. I desire to sta,te, Mr. Speaker, that, iu accord The SPEAKER pro tempm·e. The Chair understands that perfectly. ance with the letter which was sent to the Clerk's uesk to be read, J.lr. BLAINE. I want my amendment read as modified. by the ge-ntleman from Illinois, [Mr. CAULFmLD,] documents were Mr. BANKS. I desire to say that while an amendment, unless it printed and circulars sent over the State of Ohio during t.he la-st po has been changed by a vote of the House, may be modified, the mover litical campaign. I saw but few other documents in that canvass, cannot take the floor from another gentleman who is legitimately en-· and I was actively engaged in it, except 1hose coming from Wa-shing titled to it, for that purpose. ton from the union congressional committee. They were on various Mr. BLAINE. The hour of the gentleman has expired. subjects, and particularly on '' vaticanism in Europe and America," Mr. BANKS. If that is so- which greatly excited t he public mind in the State of Ohio at th:tt Mr. BLAINE. I waited until the hour was out. _time. Why, sir, I underst ood that in the Western Reserve the good The SPEAKER 111'0 te11tpore. The gentleman from Maine [Mr. • people would seek their homes lonO' before the twilight ·caine on BLAINE] gave notice that he ha-d modified his amendment and the through fear of the Pope, and after the election was over they meas Chair postponed it for the time. If there is anything wrong it is in ured the print of his ''big toe" in the dust; and, if the republican the Chair postponing it. papers are to be relied upon, they found it was forty feet long by act Mr. BLAINE. The Chair is perfectly ri~ht. ual measurement. Those were the documents sent out there unil.er Mr. CAULFIELD. How could the Chau postpone a motion when the auspices of the union congressional executive committee, and I occupied the floor 'I . paid for by contributions levied upon the clerks in the Departments. ~lr. BLAINE. He postponed it until you got through. . · Now one word as t.o republican reform, one word as to civil-service Mr. CAULFIELD. While I kept the :floor or somebody represent reform under republican administration and under your republican ing me wa.s on the :floor, the gentleman had no right to make his mo President. In the year 1871, just before the last presidential cam tion or to give notice of a motion, so that there could be no postpone paign, the republican Congress passed a law providing that the Pres ment by the Chair. ident should establish a system of civil service and prescribe rules. The SPEAKER pro ternp01·e. The Chair has already ruled on that The President did appoint the commission, a.nd rules were devised by point. The Clerk will reau the amendment as modified. them, and among these rules the eleventh in number provided that The Clerk read the modified amendment, as follows : there should be no assessment upon employes of the Government in Amend section 2, line 2, by inserting after the worus "United States" the follow· the Government Departments; and, sir, it is a matter of notorious ing words: history that during the c~nva-ss of 1872 the clerks of the executive Or any Senat()r, Representative, or Deltlg'tt;e.. in Congress. At the dose of the section add the follo'Ving : national republican committee .went into the Departments in this And the contribution of any money or other valuable thing, as herein prohib· city and solicited and accepted these contributions from the employes ited, by any Senator, Representative, or Delegate in Cong ress, while ho was a can· of the Government, and so openly and continually did the republican didate for such position, shall subject the offemler to the penalties herein pre· President violate the rules that were established. by the republican scribed. civil-service commission that the chairman of that commission, Hon. Mr. BLAINE. I also reserved tho right to move an amendment to George W. Curtis, was compelled to resign his position as chairman the amendment of the gentleman from Kentucky [Mr. BROWN] in the of the board, stating in his letter of resignation, as the rea8on for nature of.a substitute, which I desire to be now read. so (loing, that the P1·esident himself had failed to observe and obey Mr. REAGAN. I have offered an amendment which has not been the rules prescribed by the commission. That was civil-service re read. form under a republican administration. The time has come when 1\lr. BLAINE. Let mine be first read. we need reform in the civil service and either penal statut.esor, what The SPEAKER pro tempore. The Clerk will read the amendment to is better, a higher sense of public virtue on the part of officials, for the substitute. the purpose of enforcing honesty in the elections. The Clerk read as follows: Mr. CAULFIELD. I now demand the previous question on the bill At the close of first section of the substitute add : and on the pending amendments. And the contribution of any money or valuable thing, as herein prohibited, by any Senator, Representative, or Delegate in Congress, while he was a c:111dhlrtte for Mr. BLAIJ\TE. I rise to a point of order. I simply desire to mod such position, shall be deemed a mi sdemeannr, and the offender, on conviction, ify the amendment I offered before the previous q nestion is seconded. shall be fined not less than $500 nor more than $3,000, and imprisoned not more Mr. CAULFIELD. I object. than one year, at the discretion of the judge trying the same. · llr. BLAINE. I think it is a right I have under the rules, and the Mr. BLAINE. This amendment disposes of the constitutiona,l gentleman's objection does not avail. quibble made bythegentleman from Virgina, [Mr. GOODE.] The SPEAKBRpt·o tempore, (Mr. Cox.) Will the gentleman from Mr. CAULFIELD. It is understood, of course, that these amt·nd Maine have the rule read on which he relies 1 ments are not accepted by the gentleman who .reported the bill. Mr. HOL:l\'IAN. I thi~ the.uniform practice of the House has been The SPEAKER pro tempore. The amendments are pending before to allow modifications to be m:ode before the previous question is sec- the House. s the Chair understands it, the gentleman from Illinois onded. · [.Mr. CAULFillLD] moves the previous question on the bill and all the Mr. BLAINE. The rule states it negatively, "motions to amend pending amendments. cannot bo modified after the previous question is seconded." That Mr. CAULFIELD. That is my motion. will be found on page 10 of the Digest, and the privilege of modify The revious question was seconded and the main question ing has never been refused under the practice of the House. ordered. The SPEAKER pro tempore. The Chair is under the impression The SPEAKER pro tentp01·e. The first question will be on the that the practice of the Houee has been to allow modifications. amendments reported from" the Ccftnmittee on the Judiciary to the . Mr. CAULFIELD. The gentleman has not read the rnles, so far as original bill. ] have heard it.. Mr. REAGAN. I ask now that the original bill, the substitute, The SPEAKER pt·o tem,pore. Although the gentleman from Maine and the several amendments thereto be read in their order. [Mr. BLAINE] has cited no positive ru.Je, the Chair is of the impres The SPEAKER p1·o tmnpo1·e. At the request of the gentlema,n from sion that the uniform custom of the House has been to allow modi Texa.c; [Mr. REAGAN] the Chair will direct the Clerk to read the orig fications to be made. inal bill and the amendments thereto and the substitute and tlle Mr. HOLMAN. I know that was t},l.e ruling of the Chair when the amendments thereto. Saint Croix land bill was pending. · · The Clerk began the reading of the bill, the substitute, and the Mr. BLAINE. I state what I know to be the absolutely uniform pending amendments. 1)l'actice of the House, and the rule that I have read ha.s no meaning The amendment reported from the Committee on the Judicittry to -at all unless it is that meaning. the original bill was as follows : · The SPEAKER pro ternpore. The gentleman's statement is taken In section 1, line 5, after the wol'd "demand," illilerl the words "OT solicit; " so as a,bsolnte verity on that subject• . that. it will read: " It shall not he lawful for any person or persons in the employ Mr. BLAil~E. The gentleman from Virginia [Mr. GooDE] made ment of the United States to demand or solicit from any other person so em the point-- ployed," &c. Mr. CAULFIELD. I object to debate. Mr. WIKE. I desire to ask the gentleman who has charge of this :Mr. BLAINE. Then I modify my amendment as follows. bill to permit the word "receive" to come in the amendment pro llr. CAULFIELD. The gentleman rose to modifY his amendment posed by he committee ; so that it shall read: aft.er I had called the previous q nestion. It shall not be lawful foe any person or perscns in the f'.ID!Jlo y:of the Government Mr. BLf\.INE. No, sir; I said half an hour a.go that I desired to to demand, receive, or .solicit, &c. . 1876. CONGRESSIONAL RECORD-HOUSE. 1895 The SPEAKER pro tmnpm·e. That requires unanimous consent. Mr. CAULFIELD. I would like to inquire of the gentleman from !Ir. CONGER. I call for the regula.r order. Texas when he got consent to offer that amendment, and from whom T Mr. BANKS. This bill is reported from a, committee Y The RECORD shows nothing ~f the sort. Mr. CAULFIELD. Yes. The SPEAKER p1·o tempm·e. The Chair understands that this 1\.Ir. BAJ.~KS. If so, the member of the committee reporting the amendment was offered this morning. bill has one hour to close the debate after the previous question is J.\Ir. REAGAN. It was bad enough for the gentleman reporting this ordered. bill [Mr. CAULFIELD] to refuse to allow me a moment to explain my Mr. CAULFIELD. Is that soY amendment; it is still worse for him to desire to exclude the amend- The SPEAKER p1·o tempm·c. It is so understood by the Ch:tir. ment after it has been received as pending. , · Mr. BANKS. At what time is this additional debn.te to be had Y :Mr. CAULFIELD. Does the gentleman say that he obtained con~ It certainly should be before the vote on any of these amendments. sent this morning to offer the amendment T 1\.Ir. HOAR. I rise to a question of order. I desire to call the at Mr. REAGAN. Yes, sir. tention of the Chn.ir to the precise parliamentary condition of this Mr. CAULFIELD. Then I beg the gentleman's pardon. matter. This bill was reported from the Committee on the Judiciary The SPEAKER pro tmnpm·e. The present occupant of the chair un . yesterday. derstands that this amendment was sent to the desk this morning in The SPEAKER p1·o tempore. The gentleman from Massachusetts lieu of the amendment which the gentleman proposed yesterday to [Mr. HoAR] will suspend for one moment. The Chair would state, offer, as referred tA) in the REcoRD. The House will now proceed to for the information of the gentleman from Massachusetts, that the vote upon the several amendments in their order. rule on page 170 of the Digest is as follows: The amendment reported by the committee was read, as follows : The right of the member reportin~ the pending measure to close the debate is In section 1, line 5, after the word "demand," insert the words "or solicit ;" so ne-ver denied him, even after the preVIous question is ordered. that it will read : "it shall not be lawful for any person or persons in the employ ment of the United States tO demand or solicit from any other person so em But if1 after having occupied part of his hour in closing the debate, he moves the previous question, he is then only en~itled to occupy the Hoor for the remaining ployed," &c. portion of the hour. The amendment was agreed to. Mr. HOAR. This bill was reported yesterday from the Committee The SPEAKER p1·o tempm·e. The next amendment is that offered on the Judiciary. After the previous question was ordered, the gen by the gentleman from Massachusetts [Mr. HoAR] to the original tleman from Illinois, [Mr. GAULFIELD,] my colleague on the commit bill. tee, occupied a portion of his hour to close the debate and yielded a Mr. BLAINE. That is an amendment to the second section. Had portion of it to me, and I spoke upon the bill. Then the previous not the amendments better be read in the order in which they apply question was reconsidered by a vote of the House; n,nd the debn,te to the bill f . this morning has proceeded after the reconsidemtion. The right to The SPEAKER pro tempore. The amendments are being voted on· close the deba,te upon this bill was exhausted yesterday. It is not in the order in which they were offered. now a measure reported from a committee to-day, but the right of the Mr. BLAINE. But the Speaker decided a. while ago that the bill gentleman reporting it under the rule to close debate upon it was was bein~ considered by sections. exercised on yest-erday. The gentleman from Illinois [Mr. CAULFIELD J The SPEAKER pro tempm·e. The present occupant of the chair is has fully exercised his right under the rule to close the debate on this aware of that. bill. . Therefore the right to close the debate after the previous ques Mr. BLAINE. Then I hope we shall take up the amendments in tion has been ordered is now entirely gone. the order in which they apply to the bill. That is the uniform prac The SPEAKER pro tmnpore. Nobody appears to be asking further tice. time to close the debate; consequently the Chair need not rule on The SPEAKER p·o tempore. Nearly all this proceeding has been the point. going on by unanimous consent. The Chair, however, in view of the MI·. CAULFIELD. I yield five minutes to the gentleman from facb that the first step is to perfect the original bill, will take the Texas. amendments in the order suggested by the gentleman from Maine. The SPEAKER p1·o tempo're. 'the Chair, und.er the rule just read, The next question is on the amendment offered by the gentleman has decided that the gentleman bas no further time. from Pennsylvania, [JI.Ir. ToWN~END,] which will be read. Mr. CAULFIELD. I entirely misunderstood the Chair. I under The Clerk read as follows: stood him to rule, in response to the point IDade by the gentlemn.n Add to section 1 the following : from Massachusetts, [Mr. HOAR,] tha.t I wa-s entitled to an hour after Provided, That any expenditure for election purposes allowed by the laws of the previous question was seconded. any State shall not be construed as being 'tffected by the provisions of this ad. 'fhe SPEAKER pro tmnpore. That was the first impression of the The amendment was not agreed .to. Chair; but the rule on the subject is absolute, and the Chair cannot The SPEAKER p1·o tempm·e. The next qu~stion is on the amend change it. ment of the gentleman from Maine, [Mr. BLAINE.] The Clerk resumed and concluded the ren.ding of the bill and the The Clerk read a-s follows: various amendments as :tlready given. Amend section 2, line 2, by inserting after the words "United States" the fol· Mr. REAGAN. Mr. Speaker, my amendment has not been read. lowing words : The SPEAKER JYro tmnpore. The Clerk informs the Ch:tir that it is Or any Senator, Representative, or Delegate in Congress. And at the close of the section add : not before the House. And the contribution of mone:v or other valuable thing as herein prohibited by Mr. REAGAN. It was offered and was received as pending, but any Senator, Representative, or Delegate in Congress, while he was a. candidate the reading was waived. for such position, sball subject the offender to the penalties herein prescribed. The SPEAKER pro tentpore. The Chair understands it was never Mr. SPRINGER. I call for the reading of the section as it will presented to the House. read if thus amended. Mr. REAGAN. It was _presented to the House, and it was agreed The Clerk read as follows : that it should be considered as pending, but its reading at the time was That it shall not be lawful for any person or persons employed in the service of waived. · the United States, in any manner whatever, to contribute any money or other valu The SPEAKER pro tempore. The Chair understands that it was able thing to be used a-s an election fund or to aid in the expenses of any election offered yesterday. or canvass for an election in any State, county, or j 1896 CONGRESSIONAL RECORD-HOUSE. MARCH 22, souri, Cook, Cowan, Culberson, Davis, De Bolt, Dibrell, Dou~las, Eden, Felton, For The question next recurred on Mr. GOODE'S amendment, to come in ney. Franklin, GLoyer, Goode, Gunter, Hancock, Henry R. Harris, John T . Harris, Harrison, Hartridge, Hereford, Abram S. Hewitt, Goldsmith "\V •. Hewitt, Hill, at the end of section 3. Hooker, House, Hunton, Hurd, Jenks, Thomas L. Jones, Lewis, Luttrell, Lynde, The SPEAKER p1·o tentp&re. The same amendment has also been McFarland, Metcalfe, Milliken, Mutchler, Parsons, John F. Philips, Poppleton, moved to the substitute. Reagan, Rice, John Robbins, William M . Robbins, Robert-s, Miles· Ross, Sayler, The Clerk read as follows : Scales, Singleton, Slemons, William E. Smith, Southard, Sparks, Terry, Thompson, Throckmorton, Tucker, John L. Vance, Robert B. Vance, Waddeil, Gilbert C. That if any person, with a view to the election to or obtaining votes for the office Walker, Warren, Erastus Wells, Whitehouse, Whitthorne, Wike, James Williams, of President, Vice-President, or the post of Senator, Representative, or Delegate in Jeremiah N. 'Villiams, and Yeates-86. the Congress of the United States, or to the appointment to any office or post of NOT VOTING-Messrs. Adams, Banning, Bell, Bland, William R. Brown, Buck honor or emolument under the Government of the United States of himself or any ner, Samuel D. Burchard, Burleigh, CamphMl. Candler , Cannon, Cason, Chapin, other person, shall use force or duress by menace or violence to life, limb, property , Cochrane, Collins, Danford, Darrnll, Davy, Dobbins, Durand, Egbert. Freeman, or liberty, or shall commit bribery, or use money, property, or other thing of value Gause, Gibson, Haralson. Benjamin W. Harris. Hatcher, Havs, Henkle, lroge, Hos corruptly to influence any elector, voter, officer, or other person in or in respect to kins, Frank Jones, Kasson, Ket-chum, Ring, Knott, Lamar, Franklin Lamlers, Lane, any election or appointment to any such office or post, he shall, upon conviction Lapham, Lawrence, Levy, Lord, Edmunil W. M. Mack ey, J, . .A.. Mackey, Maish, thereof, be fined not less than $500 nor more than $3,000, and be imprisoned not MacDougall, McMahon, Meade, Miller, Mills, Money, Morrison, Odell, Platt, Powell, more than one year, at the discretion of the judge trying the case. Pnrman, Rainey, Randall, Schleicher, Schumaker, Shcakley, Stenger, Swann, Mr. HAMILTON, of New Jersey. I understand that was offered as Thomas~ Waldion, Walling, Walls, Ward, Wigginton, Willis, Benjamin Wilson; Fernana.o Wood, and Young-74. an amendment to the substitute. The SPEAKER p1·o tem,pore. It was offered as an amendment to the So the amendment was agreed to. bill and also as an amendment to the substitute. DurinO' the vot-e, lli. HAMILTON, of New Jersey. It is perfectly inconsistent with Mr. IlURD stated that Mr. KNo'l'T was detained from the House the bill. · by illness in his family. The amendment was agreed to. M.r. HUNTER stated that his colleague, Mr. CASON, was absent on The question next recurred on the amendment offered by :1\f.r. TowN- account of illness. SEND, of Pennsylvania, to section 1 of the substitute. · Mr. MONROE statEM that his co11eague, M.r. DANFORD, was detained The Clerk read M follows: · from the House by illness. Provided, That no expenditures for election pu.rposesallowed by the constitution Mr. FREEMAN stated that he was paired with his colleague, 1\.lc or laws of any State shall be construed as being within the provisions of this act. CocHRANE; that otherwise he would have voted in the affirmative. The amendment was disagreed to. Mr. McCRARY stated that his colleague, Mr. KASSON, was necessa The SPEAKER p1·o tempm·e. The next question is on the amendment rily absent from the House, and that if present he would vote in the of the gentleman from Maine [Mr. BLAINE] to the. substitute of the affirmative. · gentleman from Kentucky, [Mr. Bn.owN.] The Clerk will read the Mr. FORT stated that M.r. HosKINS was unavoidably absent. amendment. 'fhe vote was then announced as above recorded. The Clerk rea..d as follows : Mr. BLAINE moved to reconsider the vote by which the amend Add to the first section the following: ment was adopted ; aml also moved to lay the motion to reconsider And the contribution of any money or valuable thing, as herein prohibited, by on the table. any Senator, Repre.sentati ve, or Deleuate in Congress, while he was a candidate for The latter motion was agreed to. such position, shall be deemed a misgemeanor and the offender on conviction shall be fined not less than $500 nor more than $3,000, and imprisoned .not more than one The question next recurred on Mr. HoAR's amendment. year, at the discretion of the judge trying tbe same. Mr. CALDWELL, of Alabama. Is a motion to recommit in order T The SPEAKER pro tempm·e, (Mr. Cox in the chair.) It is not, the M.r. BROWN, of Kentucky. Is that offered as an amendment to main question having been ordered. the substitute offered by myself T The Clerk read l\Ir. HoAR's amendment, as follows : The SPEAKER p1·o tentpore. The Chair so understands it. Mr. BROWN, of Kentucky. I hope the Honse will vote it down. Provided, That nothing herein shall be construed to prevent voluntary contribu tions for the purpose of circula.ting documents or procuring public addresses for The SPEAKER pro tentpm·e. Debate is not in order. the purpose of giving information on questions of public interest. ~ 1\.lr. SPRINGER. I would like to hear the substitute read as it would be if this amendment were incorporated. Mr. HOAR. That comes in at"the eml of the· second section. Mr. BLAINE. My amendment comes in right at the end of the The SPEAKER pro tem.pore. So the Cha.ir understands. substitut-e. · The House divided; and there were-ayes 97, noes 111. Mr. BEEBE. I t~k it should be read before we are called upon Mr. HOAR demanded the yeas and nays. t.o vote on it. · Tlie yeas and nays were ordered. · The SPEAKER p1·o tempore. The Chair directs the substitute to The question was taken; and jt was decided in the negative-yeas be read. 92, nays 119, not voting 78; as follows : The ~u bstit.ute was rend. 'fEAS-Messrs. George A. Bagley, John H. Baker, William H . Baker, Ballou, Mr. SPRINGER. Now let it be read as it will be if the amend Bass, Blackburn, Blaine, Blair, Bradley, Horatio C. Burchard, William P. Caldwell, Cannon, Caswell, Conger, Crapo, Crotmse, Denison. Dunnell, Eames, Evans, Far· ment is adopt.ed. woll, Fot.1;, 'Foster, Frost, Fryo, Goodin, Hale, Hathorn, Haymond, Hays, H emlee, M.r. BROWN, of Kentucky. Did not the gentleman from Virginia Hemlerson, Hoar, Hubbell, Hunter, Hurd, Hurlbut, Hyman, Joyce, Kehr, Kelley, [Mr. GOODE] offer his amendment also as an amendment to the sub Kimb•dl, Leavenworth, Lynch, Magoon, McCrary, McDill, Monroe, Morey, Nash, stitut-e! N ew, Norton, Oliver, O'Neill, Packer, Page, Phelps, William A. Phillips, Pier ce, Plaisted, Pratt, James B. Reilly, Robinson, Sobieski Ross, Rusk, Sampsou, Seelye, The SPEAKER pro ternpore. The Chair so understands it. It will Sinnickson, Smalls, A. Herr Smith, William E. Smith, Strait, Stowell, Thornburgh-, be reached in its turn. Martin I. Townsend, Washin!!ton 'l'ownsend, 'Enfts, Van Vorhes, Alexander S. Mr. BLAINE. I ask that my amendment may now be read, and Wallace, John W. Wallace, ~-Wiley W ells, Wheeler, White, Whiting, Andrew that the Chair shall state where it comes iu. . Williams, Charles G. Williams, James D. Williams, William B. Williams, James 'Vilson, .Alan Wood, jr., Woodburn, and Woodworth-92. l\lr. BROWN, of Kentucky. Will it be in order for me to accept NAYS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Bagby, Banks, Barnum, the amendment of the gentleman from Virginia.! Beebe .Blount, Boone, Bradford, Bri~ht, John Young Brown, Cabell, Campbell, Mr. BLAINE. Of course not; you cannot do it. Cate, Chittenden, John B. Clarke of K entucky, John B. Gl ark, jr., ofMissoun, Cly mer, Cook. Cowan, Culberson, Cutler, Davis, De Bolt, Dibrell, DougL'lS, Dtuand, The SPEAKER pro te»,tpore. It can only be done by unanimous Durham, Eden, Ellis, Ely, Faulkner, Felton, Forney, Franklin, Fuller, Glover, consent. Goode, Gunter, Andrew H. Hamilton, Robert Hamilton, Hancock, Hardenber~h, Mr. BEEBE. I would like to hear the amendment' of the gentle- Henry R. Harris, John T. Harris, Harrison, Harttidge, Hartzell, Abrnm S. H eWitt, man from Virginia [Mr. GOODE] read. . G-oldsmith W. Hewitt, Hill, Holman, Hooker, Hopkins, House, Hunton, Jenks, Thomas L. Jones, Franklin Landers, George M. Landers, Lewis, Luttrell, Mc The SPEAKER pro tempore. The gentleman from New York [1\lr. Mahon, Metcalfe, Milliken, Money, Morgan, Morrison, Mutchler, Neal, O'Brien, BEEBE] will hear it read when it comes up for action by the House. Parsons, Payne, John F. Philips, Piper, Poppleton, Potter, Rea, Rea~ran, John Mr. BEEBE. I want to have it read now, to see whether it meets the Reilly, Rice, Riddle, John Robbins, William M. Robbins, Roberts, Miles Ross, Sav point which the gentleman from 1\laine has 41 view. ~e, Sayler, Scales, Slemons, Southard, Sparks, Springer, Stone, Tarbox, Tease, Terry, Thompson, Thomas. Throckmorton, Tucker, Turney, John L. Vance, Rob M.r. BLAINE. That is in the nature of debate. ert B. Vance, Waddell. Gilbert C. Walker, Walsh, Warren, Erastus W ells, Whit. Mr. BEEBE. I want to have it read for information. thorne, Wike, Willard, Alphens S. Williams, James Williams, Jeremiah N. Will The SPEAKER pro ternpm·e. Gentlemen have always the right to iams, Willis, and Yea.tes-119. have amendments read for information. The gentleman from Maine ~OT VOTING-Messrs. Adams, John H. Barrley,jr., Banning, Bell, Bland, Bliss, William R. Brown, Buckner, Samuel D. Burc'bar~ Burleigh, John H. Caldwell, [Mr. BLAINE] calls for the reading of his own. Candler, Cason, Caulfield, Chapin, Cochrane, Collins, Cox, Danford, Darrall, Davy, Mr. BLAINE. Of course; but the Cbai.r could not rule that a sub Dobbins, Egbert, Freeman, Garfield, Gause. Gibson, Haralson, Benjamin W. Har sequent amendment to the substitute may be read while one is pend ris, Hatcher, Henkle, Hereford, Hoge, Hoskins, Frank Jones, Kasson, Ketchum, in~. That would be in the nature of debate. I do not object to its Kinu, Knott, Lamar, Lane, Lapham, Lawrence, Levy, Lord, Lynde, Edmund W. M. f:iackey, L.A.. Mackey, Maish, MacDo)lgull, McFarland, Meade, Miller, Mills, bemg read, but I do object to that ruling. Odell, Platt, Powell, Purman, Rainey, Ran8an, Schleicher, Schumaker, Sbeakley, The SPEAKER p1·o tempore. The Chair has .ruled correctly. The Singleton, Stenger. Stevenson, Swann, Waldron, Charles C. B. Walker, Walling, first section of the substitute will first be rea.d as it will be if the amend Walls, Ward, Whitehouse, Wi~ginton , Wilshire, Benjamin Wilson, Fernando ment of the gentleman from Maine is adopted. Wood, and Young-78. The Clerk read as follows: · So the amendment was rejected. SECTION 1. That no officer or· employe of the Government shall require or request, During the vote, give to or r eceive from, any other officer or employe of the same or other person! Mr. WALKER, of New York, stated that he was paired with his col directly or indirectly, any money, proEerty, or other thin§ of value, for politica league, Ml·. MAcDoUGALL. ~ftR~s:~i s~~~ ~~~!~~\~ ~i:U~~:;tgti:6th':~e~~e ~~e~e ~:~~ ~te~r~~s~~~ The vote was then announced as above recorded. be deemed guilty of a high misdemeanor, and on conviction thereof fined not less 1876. CONGRESSIONAL RECORD-HOUSE .. 1897 than $500 nor more than S3,000 and imprisoned not more than one year, at the dis During the roll-call, cretion of the judge trying the case. And the contribution of any money or valu this able thing, as herein proliibited, by any Senator, ReJ!resentative, or Delegate in :Mr. FREEl\IAN said: Upon all questions relating to bill I am pongress, while he was a candidate for snch position, shall be deemed a misdemeanor, paired with my colleague, Mr. COCHRA.l\'E. and the offender, on conviction, shall be fined not less than 500 nor more than ~. 000 The result of the vote was then announced as above recorded. and imprisoned not more than one year, at the discretion of the judge trying the Mr. WAD DELL. I move that the House do now adjourn. same. [Cries of ''No ! " "No!" from both sides of the House.] Mr. BEEBE. I now call for the reading of the amendment pro Mr. WAD DELL. I insist upon my motion. posed by the gentleman from Virginia, [Mr. GooDE.] :Mr. JONES, of Kentucky. I call for the yeas and nays. The SPEAKER p1·o tem.p01·e. The Chair thinks it may be read for The yeas and nays were not ordered. information. . The question was taken; and the motion to adjourn was not agreed. Mr. BLAINE. Does the Chair thiuk that the rules permit that to to. be read f The question recurred upon the amendment proposed to the substi· The SPEAKER pro ten~pore. The Chair thinks that the amendment tute by Mr. HoAR. may be read, and will overrule any 'former practice if it be necessary · 1\fr. CAULFIELD. Does not the amendment of the gentleman from for that purpose. • Viroinia [Mr. GooDE] come first Y Mr. BLAINE. I have no objection to its being read, but the rules The SPEAKER pro temp01'e. The Chair is taking the amendments do not permit it. according to the sections to which they relate, pursuing the same Mr. GOODE'S amendment was again read. course with the substitute as with the original bill. Mr. BLAINE. Nobody can tell what that means. The other prop 1\fr. HOLMAN. That is right. osition. is very plain. [Cries of "Order!" "Order I"] . The amendment proposed by Mr. HoAR was read, as follows : The SPEAKER pro tempore. The gentleman from Maine knows Provided, Nothing herein shall be construed to prevent volnntary contributions that no debate is in order. for the P!llJIOSe of crrculating documents orprocnring public ad By Mr. HALE: Papers relating to the petition of Harlan P. Eggle Lynn, Massachusetts, signed by the pastor a.nd officers, praying for stone, for relief, to the Committee of Claims. prohibitory legislation for tile Di trict of Columbia and the Territ-o By Mr. HE'NKLE : The petition of W. H. Phili]l, W. S. Cox, J. T. ries, the prohibition of the foreign importation of alcoholic liquors; Walker, and John McClelland, that the United States relinquish to that total abstinence be made a condition of the civil, military, and the owners of lots in square No. 382, in the city of Washington, the naval service; and for a constitutional amendment to prohibit tb(" g1·ound in front of their respective lots and running to the new build traffic _in alcoholic beverages throughout the national domain; which ing line of the Washington market extenued westward, to the Com was referred to the Committee on the District of Columbia.. · mittee for the District of Columbia. 1\fr. FRELINGHUYSEN presented the petition of Rev. ~G. R. Sny Also, memori::~>l of the mayor and council of Annapolis, Maryland, der, Dr. R. M. Chase, and other citizens of Clayton, New Jersey, pray for aid to improve the harbor of Annapolis, to the Committee of ing for a general law to prohibit the liquor traffic within the national Commerce. jurisdiction; which was referred to the Committee on the District of By Mr. HUNTON: Papers relating to the petition of Samuel C. Columbia. Ba.got, for compensation for property occupied by United States 1\lr. CRAGIN presented the petition of Mrs. Mary F. McKeever, troops iu Alexandria, Virginia, to the Committee on Wa:r Claims. widow of the late Commodore Isaac McKeever, United States Navy, By 1\fr. HURD: The petition of F. J. King, W. W. Griffith, Russell praying for the passage of an act for her relief, granting her pen C. Daniels, James R. Strong, and Edward Bissell, to be relieved from sion at the rate of $50 per month; which was referred to the Com liability under a judgment in favor of the United States rendered in mittee on Pensions. the circuit court of the United States for the northern district of He also presented a petition of the Women's Temperance League Ohio against them as sureties of Harry Chase, formerly collector of of Portsmouth, New Hampshire, officially signed, praying for pro the tenth collection district of Ohio, for 35,638.80 and costs, to the hibitory legislation for the District of Columbia and the Territories, Committee on the Judiciary. the prohibition of the foreign importation of alcoholic liquors ; that By Mr. KERR: Memorial of the Saint Louis Academy of Science in total abstinence be made a condition of the civil"' military, and naval behnlf of the metric system of weights and measures, to the Com service ; and for a constitutional amendment to prohibit the traffic in mittee on ·coinage, Weights, and Measures. alcoholic beverages throughout the national domain ; which wa~ re By 1\fr. MONROE: The petition of John Schaffer and a very large ferred to the Committee on the District of Columbia. number of other citizens of Ohio, for a commission of inquiry concern He also presented the petition of William C. Zantzin~er, praying ing the alcoholic liquor traffic, to the Committee on the Judiciary. that the law allowing a secretary to the Admiral and VIce-Admiral, By Mr. MORGAN: The petition of Arthur W. Irving, for a pension, entitled to the rank and allowances of a lieutenant in the Navy, he to the Committee on Invalid Pensions. · amended so a.s to include rear-admirals ; which was referred to the By Mr. PIERCE : The petition of Jones, McDuffee & Stratton and Committee on Naval Affairs. others, of Boston, Massachusetts, that a uniform :~;ate of duty of :~0 per Mr. CAMERON, of Pennsylvania, presented a petition of working cent. be levied on earthenware, crockery, china, and glass ware, to the men of Philadelphia, Pennsylvania, praying that the tariff laws may Committee of Ways and Means. be nndisturbedforthepresent; which wasreferred to the Committee By Mr. PLAISTED: The petition of Sarah P. Wing, for a pension, on Finance. to the Committ.ee on Invalid Pensions. He also presented :t petition of workingmen of Scott-dale, W es~ By Mr. POPPLETON: The petition of J. R Virdess and 106 other moreland County, Pennsylvania, praying that the tariff laws may be citizens of Cochranton and vicinity, Ohio, for the establishment of a undisturbed for the present; which wa-s referred to the Committee post-route from New Bloomington to Cochranton, Marion County, on Finance. Ohio, to the Committee on the Po t-Office and Post-Roads. He also presented a petition of workingmen of"Berks County, Penn By Mr. ROBBINS, of Pennsylvania: The petition of William Aben sylvania, praying that the tariff laws may be undisturbed for the pres drath, for a pension, to the Committee on Invalid Pensions. ent ;. which was referred to the Con.u:n.ittee on Finance. By Mr. STONE : Memorial of the Saint Louis Engineers' Club of He also presented the petition of Charles Bieler, John F. Buchanan, Saint Louis, Missomi, in relation to the introduction of the metric and other citizens of Pennsylvania, praying for the prohibition of the syst em of weights and measure , to the Committee on Coinage; manufacture and sale of alcoholic liquors in the District of Columbia Weights, and 1\fea.sures. and the Territories; which was referred to the Committee on the Dis- By Mr. TEESE: The petition of Abriel Abbott, for compensation trict of Columbia. . for schooner Bergen, run into and sunk by the United States gunboat Mr. AnTHONY presented a petition of the Good Templars of Periwinkle in 1864, to the Committee of Claims. Montana Territory~ signed by the officers, representing 700 members, By Mr. WHITTHORNE : The petition of David Freed, to authorize praying for prohibitory legislation for the District of Columbia a certain patent sc1·ew-propellor of his invention to be tested on and the Territories, the prohibition of the foreign importation of vessels of the United States, to the Committee on Naval Affairs. alcoholic liquors; that total abstinence be made a. condition of the By Mr. W. B. WILLIAMS: Memorial of H. A. Reed, for compensa civil, military, and naval service; and for a constitutional amendment tion to the heirs of S. Reed for damages sustained by his estate from to prohibit; the traffic in alcoholic beverages throughout the national the United States Army during the war of 181~, to the .Committee domain; which was referred to the Committee on the District of on W a.r Claims. · Columbia: By Mr. WILLIS: Tbe petition of P. C. Van Gelder, G. F. Waldo, THE MISSISSIPPI ELECTION. and a large number of other citizens of New York, for a commission Mr. MORTON. I desire to give notice that on Monday·next, at the of inquiry concerning the alcoholic liquor traffic, to the Committee expiration of the morning hour, I will ask the Senate to proceed to of Ways and Means. the consideration and finally dispose of the resolution for the inves By Mr. WOODWORTH: The petition of Richard H. Fouts, to be tigation of the Mississippi election. relieved from all liability on account of his service a.s first lieutenant and regimental quartermaster of the Thirty-second Regiment Ohio REPORTS OF COl\fl.fiTTEES. Volunteer Infantry in the late war·for the Union, to the Committee Mr. EDMUNDS. I am directed hytheCommitteeon the Judiciary, on Military Affairs. to whom was referred the bill (H. R. No. 555) to amend section 856 of the Revised Statutes, to report the same adversely, and to m()ve that it be indefinitely postponed. This bill provides, in respect of the accounts of marshals and clistrict attorneys and clerks of the cir cuit and district courts of the United States, that there shall be an IN SENATE. appeal allowed to them from the decision of the accountin~ officers of the Treaaury to the Attorney-General, whose determinatiOn shall THURSDAY, JIJarch 23, 1876. be final. We are of the opinion that. that is a piece of legislation Prayer by the Chaplain, Rev. BYRON SuNDERLll.'"D, D. D. that ought not to be resorted to. We think that. on the whole it is The Journal of yesterday's proceedings wa,s read and approved. much safer to leave it where it is and have the a-cc~unting officers of the Treasury the responsible ap.d final auditors of accounts in respect PETITIONS AND MEMORIAJ,S. of all branches of the public service. Mr. THURMAN presented the petition of Frank Evans, of Ohio~ The motion to postpone indefinitely was agreed t o. praying that he may he allowed arrears of pension; which was re Mr. EDMUNDS, from the Committee on the Judiciary, to whom was ferred to the Committee on Pensions. referred the bill (H. R. No. 219) to permit the judge of the uistrict . He also presented the petition of J. A. Wood, G. C. Warner, and court of the United States for the western district of Pennsylvania other citizens of Clarendon, Ohio, praying for prohibitory legislation to retire, reported it with amendments. · . for the District of Columbia and the Territories, the"prohibition of 1\fr. WITHERS, fi·om the Committee on Pensions, to whom was the foreign importation ·of alcoholic liquors; that total abstinence be referred the bill (H. R. No. 1118) granting a pension to Mrs. Jane made a condition of the civil, military, and naval service; and for a Dulaney, reported it with an amendment, and submitted a report constitutional amendment to prohibit the tra.:ffic in alcoholic bever thereon; which was ordered to be printed. ages throughout the national domain; which was referred to the Com He also, fi·om the same committee, to whom was referred the bill (H. mittee on the District of Col urn bia. R. No. 39) granting a pension to Frederick Yonngblue, of Company Mr. DAWES presented the petition of W. R. Browne, of Wa bing I, Twentieth Regiment Ohio Volunteers, submitted an adverse report ton, District of Columbia, praying that he may be allowed a pension; thereon; which was ordered to be printed, and the bill was postponed which was referred to the Committee on P ensions. indefinitely. • He also presented a pet.if:ion of the Methodist Episcopal church of 1\lr. H.Al\ULTON, from the Committee on Pensions, to whom was