3396 CONGRESSIONAL RECORD-SENATE. APRIL 28,
New Hampshire, for legislation to protect innocent purchasers against with the Hawaiian Islands in respect to the importation of sugar fraudulent venders of patents and patent rights-to the Committee ~ee of duty; which was referred to the Committee on Foreign Rela- on Patents. tions. . By Mr. ROSECRANS: The petition of citizens of California, for the . ~Ir. LAPHAl\~. I present a memorial of a very large number of passage of the French spoliation claims bill-to the Committee on CitiZens of the mty of New York, of nearly all trades and pr9fessions Foreign Affairs. remonstrating against the passage of any bill restricting Chines~ By Mr. SCALES: The petition of H. P. Stipe and others, citizens immigration. I move that the memorial lie upon the table. of Thomasville, North Carolina, for an appropriation for educational The motion was agreed to. purposes-to the Commi~e on Education and Labor. Mr. HARRIS. I present joint resolutions adopted a few days since By Mr. SCOVILLE: The petition ofT. G. Smith and others, rela by the. Legislature of the Stat~ of Te~essee, asking that certain tive to internal-revenue taxes-to the Committee on Ways and franchises be granted to the Samt LoUIS, Montgomery and Florida Means. Railroad Company. I ask that the resolutions be read at the desk By Mr. ·SHACKELFORD: The petition of 80 citizens of Onslow and referred to the Committee on Public Lancls. ' County, North Carolina, for an appropriation for the improvement The resolutions were read, and referred to the Committ ee ou Pub of the navigation of the sounds between Morehead City and New lic Lands, as follows : River-to the Committee on Commerce. Whereas there is a bill now pending before the Congress of the United States By Mr. STEPHENS: The petition of 1\Irs. Cornelia Bernelle, for granting certain franchise to the Saint Louis, Montgomery and Florida Railroad; relief-to the Committee on War Claims. and By Mr. J. T. UPDEGRAFF: The petition of E. V. Brookfield and "Whereas the early construction of said railroad will be of great benefit to Ten· nessee1 as well as a l!l'eat national work: 7 o~ers, citizens of Ohio, in favor of Government aid to education Be tt resolved by the senate and house of representatives of Tennessee, That our in Alaska--to the Committee on Education and Labor. Senators and Representatives in Congress are requested to use all their influence, By Mr. URNER: Papers relating to the claim of Lewis Ernde consistent with their conscientious disch..·uge of duty to our common country, to further the passage of said bill. to the Committee on War Claims. GEO. H. :MORGAN, By Mr. VANCE: The petition of J. F. Downs and others, of North Speaker of the Senate. Carolina; of Dr. A. A. Scroggs and others, citizens ofCaldwell County, Adopted Aplil 8, 1882. North Carolina; and of W. M. Tuttle and others, citizens of Lenoir H. B. RAMSEY, Speaker of the House of Representatives. County, North Carolina, for an appropriation for educational pur Approved Aprill7, 1882. poses-severally to the Committee on Education and Labor. ALVIN HAWKINS, GoveT"TWf'. Also, the resolutions of the Produce Exchange of Wilmington, North Carolina, in favor of reducing the taxes on bank-checks, cir REPORTS OF COl\nUTrEES. . culation, and deposits-to the Committee on Ways and Means. 1\Ir. VANWYCK, from the Committee on Pensions, to whom was By Mr. MORGANR. WISE: The petitionofHon.JamesA.Hunter referred the bill ( S. No. 604) granting a pension to Margaret Beymer, and 25 others, citizens of Westmoreland County, Pennsylvania, for reported it with an amendment; and submitted a report thereon, the better protection of immigrants-to the Committee on Commerce. which was ordered to be printed. By Mr. YOUNG: The petition of Armstrong & Miller and many l\Ir. McMILLAN, from the Committee on the District of Columbia, other business :firms of Mount Vernon, Ohio i of JohnS. Hawley & to whom was referred the bill (H. R. No. 5127) to amend an act en Co. and 31 other business firms of New York City; of J. H. Smith titled "An act to incorporate the Masonic Mutual Relief Association and 42 others, of Ballston Spa, New York; of G. H. Plumb and 38 of the District of Columbia," reported it without amendment. other business firms of New Jersey; and of Charles A. Boynton and 36 Mr. McDILL, from the Committee on the District of Columbia, to others, citizensofBrooklyn, New York City, andHoboken, New Jer whom was referred the bill (S. No. 1342) authorizing the trustees of sey, for the passage of the bill now pending to tax the adulterant the Isherwood estate to amend a certain plan of subdivision of said known as glucose five cents per pound-severally to the Committee estate recorded in the land recorcls of .the District of Columbia, re- on Ways and Means. ported it with an amendment. , Mr. HAWLEY, from the Committee on Railroads, to whom was referred the bill (S. No. 972) creating the Oregon Short Line Rail way Company a corporation in the Territories of Utah, Idaho, and Wyoming, and for other purposes, reported it without amendment; SENATE. and submitted a report thereon,·which was ordered to be printed. FRIDAY, Ap'ril 28, 1882. Mr. MORRILL. I present the bill (H. R. No. 2932) for the relief of Thomas Evans, which appears by the record to have been referred Prayer by~he Chaplain, Rev. J. J. BULLOCK, D. D. March 28 to the Committee on Finance, although that committee has The J ourn8.1 of yesterday's proceeding~:! was read and approved. ne-.er received it. It is clear that the bill belongs to the Committee on the District Columbia, and I move that it be referred to that ADI'OUR..~ENT TO MO~"'DAY. committee. On motion of Mr. ANTHONY, it was The motion was agreed to. Ordered, That when the Senate adjourn to-~ay it be to meet on Monday next. 1\Ir. CONGER, from the Committee on Commerce, to whom was referred the bill (S. No. 140'2) for the relief of shipping, reported it PETITIONS AND ME~IORIALS. with an amendment; and submitted a report thereon, which wa.s Mr. ALLISON. I present a petition numerously signed by citi ordered to be printecl. . zens of Davenport, Iowa, representing commercial interest , mer Mr. JONAS, from the Committee on Railroads, to whom was re chants, manufacturers, &c., praying for the pa sage of what is known ferred the bill (S. No. 1147) to release the Memphis and Little Rock as the Lowell bankrupt bill. I move that it lie on the table. Railroad Company from such of the conditions of the several acts of The motion was agreed to. Congress approved February 9, 18531 and July 28, 1866, as lmjURtly Mr. ALLISON presented a petition of citizens of Vinton, Iowa; a affect said corporation, reported it without amendment; and sub petition of citizens of Grundy Centre, Iowa; a petition of citizens of mitted a report thereon, which was ordered to be printed. Belle Plaine.~, Iowa.; a petition of citizens of Sibley, Iowa; a petition of citizens ot Davis County, Iowa; and a petition of citizens of Leon, REMOVAL OF OBSTRU'CTIOXS AT HELL GA.TE. Iowa, in favor of an appropriation for the establishment and main 1\Ir. MILLER, of New York. I am directed by the Committee on tenance of schools in A4loska; which were referred to the Committee Commerce, to whom was referred the bill (H. R. No. 590 ) making an on Education and Labor. immediate appropriation for the removal of obstructions at Hell l\1r. ROLLINS. I present a petition of David Smith and some 350 Gate, New York, to report it favorably, and I ask for ita present con others, citizens of GeorO'etown, District of Columbia, praying for sideration. the pa sage of Senate bill. No. 419, concerning the construction of a. By unanimous consent, the Senate, as in Committee of the Whole, free bridge across the Potomac River. As the prayer is very short, proceeded to consider the bill. It appropriates $50,000 for tho re I would like to have it read ; it is only a few lines. moval of obstructions in East River, Hell Gate, New York, tho same The PRESIDENT JYI"O tempm·e. The petition will be read without to be expended under the direction of the Secretary of '\V ar, and to the names, the Chair hearing no objection. be immediately available. The netition wa"8 read, and referred to the Committee on the Dis The bill was reported to the Senate without amendment, ordered trict of Columlbia, as follows : to a third reading, read the third tnne, and passed.
The und~ed, inhAbitants of Georgetown, District of Columbia, being deeply CONGRESSIO~AL ELECTIONS IN WEST VIRGD."'A.. int~rested in the construction of a free bridge across the Potomac River, at a point where the same can be done not only with the greatest economy but where the ~Ir. HOAR. I am directed by the Committee on Privileges and public interest will be best subserved, respectfully petition that Senate bill No. 419, Elections, to whom was referred the bill (H. R. No. 5352) to amend now pending before the Senate Committee of the District of Columbia, be speedily passed; inasmuch as the .Aqueduct piers con tructed at a large cost, are in excel the laws with reference to elections in West Virginia, to report it lent condition, and the site of the .Aqueduct is in every respect the most suita8le favorably and without amendment. It is important for t he people location for a. free bridge, the present military road to Arlington and the national of that State to know the time of the election of their members of cemeterv passing over it, and in connection with already established roads lead Congress, and I ask that the bill be considered at the present time. ing to the adjacent prouucitl.g counties in Virginia. By unanimous consent, the Senat.e, as in Committee of the Whole, Mr. LAPHAM prosented a memorial of the Maritime Association proceeded to consider the bill. It provides that on the second Tues of the Port of New York, in favor of the abrogation of the treaty day of October, 1882, there shall be elected in each Congressional 1882. CONGRESSIONAL RECORD-SENATE. 3397 district in the State of West Virginia on.e Representative to repre the words "and the coast of Georgia and South Carolina, twelve hnndretl ; " .mfl agree to the same. sent the State in the Forty-eighth Congress. 12. To strike from lines 30 and 31, page 5, the words " one thous.'l.nd eigllt " aml The bill was reported to the Senate without amendment, ordered insert the word "fifteen; " and agree to the s:une. to a third reading, read the third time, and passed. 13. To strike from line 33, page 5, the words ''two thous.'l.Dd five " and inse1t tbe word "eighteen ; " and agree to the same. BILL I~TRODUCED. 14. To strike from line 36, page 5, the words '' two thousand five '' and insert. the word " eighteen ; " and agree to the same. Mr. LAPHAM (by request) asked and, by unanimous consent, ob 15. To strike from line 39, page 5, the words ' ' two thousand :five" and insert the tained leave to introduce a bill (S. No. 11:304) granting a pension to word ''eighteen; " and agree to the same. John M. Hudson; which was read twice by its title, and 1·eferred to 16. To add, after the words "per annnm," on line 6, page 5, the worcls "and the the Comnrittee on Pensigns. Secretary of t:ne Treasury is also authorized to fix the pay of the men employed at the difiereot stations in proportion t.o the services rendered: Provided, The same DIPROVEMENT OF CHARLESTO~ HARBOR. shall not exceed $50 per month;" and agree to the same with amendments in serting the words'' appoint and" before the word ''fix," in line 2, page 5; in,ert Mr. BUTLER. I ask the Senate to proceed to the consideration ing the word "all" before the word " st.'l.tious," in line 3, page 5; aud striking out of Senate bill No. 1609, which was reported from the Committee on the words "in proportion to the .services rendered," in li:ile 8, page 6; and the Senate agree to the same. Commerce yesterday morning. 17. To insert the following section after section 6, paae 6: By unanimous consent, the Senate, as in Committee of the Whole, '' SEC. 7. That if any keeper or member of a crew of a 'fife-saving or life-boat st.r proceeded to consider the bill (S. No. 1609)making an appropriation tion shall be so disabled by reason of any wolllld or injury recei vea or disease con for continuing work on the jetties in Charleston Harbor. tracted in the Life-Savinu Service in the line of duty as to unfit him for the per formance of duty, such ~~ability to be determinoo in such manner as shall be The bill was reported from the Committee on Commerce with prescribed in the regulations of the service, he shall be continned upon the rolls amendments, which were, in line 3, to strike out "two hundred" of the service and entitled to receive his full pay during the continuanoo of snch and insert "one hundred and fifty;" after the word "continue," in disability, not to exceed the period of one year, unless the General Superintend line B, to strike out "work on the jetties in" and insert "the im ent shalf recommend, upon a statement of facts, the extension of the period through a portion or the whole of another year, and said recommendation receive the ap provement at;" in line 10, after the word c: appropriation," to strike proval of the Secretary of the Treasury as just and reasonable ; but in no case out "for the next fiscal year; " and at the end of the bill to add shall said disabled keeper or member of a crew be continued upon. the rolls or re "and the sum hereby appropriated shall be deemed an advance upon ceive pay for a longer period than two years;" and agree to the same. the amount to be appropriated by the river and harbor act of this 18. To insert after section 7, on paue 6, the following section: "SEc. 8. That if any keeper or member of a. crew of a life-saving or life-boat sta session;" so as to make the bill read: tion shall hereafter die by reason of perilous service or any wound or injury re That the snm of $150,000 be, and the same is hereby, appropriated out of any ceived or disease contracted in the Life-Saving Service in the line of duty, leav money in the 'l'reasury not otherwise appropriated, to be made available imme in~ a widow, Ol' a. child or children under sixteen years of age, such widow and diateiy upon the ratification and approval of this act, for the purpo~e of enabling child or children shall be entitled to receive in equal portions during a period of the Engineer Department of the Army, onder the direction of the Secretary of two years, under such regulations as the Secretary of the Treasurymayprescribe. War, to. continue the improvement at Charleston Harbor, South Carolina, until the same amount, payable quarterly as far a.s practicable, that the husband or the regular appropriation can be made available; and the sum hereby appropriated father would be entitled to reeeive as pay if he were alive and continued in the shall be deemed an advance upon the amount to be appropriated by the river and service: Provided That if the widow shall remarry at~any timo during the said harbor act of this session. two years her portion of sai Mr. MORGAN. This conference report ou~ht to be printed and my State a any Senator can have in reference to the coa t of his laid before the Senate. From the reading of it at the Clerk's desk own State and the nece sities thereof, and I do not come before the it is impossible to comprehend and remember the points made in Senate of the United States merely to get an establishment upon the this extensive report. · coast of Alabama to spend a little money on. I come for the pur 1\lr. CONGER. I have stated the only changes in regard to stations pose of participating in this right you have undertaken to guarantee ancl I have explained why those were not agreed to be left in the the coast of the United States at large for the security of property bill. One is the station atBeanfort, where there had been but two and of life through the Life-Saving Service. If the Life-Savi ncr Serv ca,sualtics in the last eleven years and no lives lost, and one at or ice is worth having at all,. it is worth as much to the co~ercial near Fort :Morgan, on the bay of Mobile, where there had been in communities on one coast a on another. Here i an enormou com eleven years but four strandings of ves els and no lives lost, the merce in the Gulf of 1\Iex.ico, coming to and from Galveston, to and smallest number of any of the places which were proposed. The from the mouth of the Missi sippi River, to and from the >arious conferees have agreed to all the other amendments of the Senate. bays along the coast, including Mobile and Pensacola and other Mr. MORGAN. 'Vithout any alteration places. It must nece sarily have some eftect upon the price of in l\lr. CONGER. Without any alteration as to the places, except surance that there are no 1if\j-saving stations on that coast, that ther to authorize the Superintendent of the service to determine a place are no arrangements on that coast by which property can be saved "near," instead of ''at," a,s the bill had it, inserting the words" or from a sinking ship. By silent neglect you expo e our commerce to near" after " at ; " and the House receded from its disagreement danger without furnishing to us any of the protection that you fur with the amendment as to appointments with a change that assist nish at such large expense for your elves. ant supe.rintendents and keepers, as well as surfmen, should be ap I hope there will not be a ship sunk or a life lo t in the bay of pointed without reference to their political relations. Mobile in the next twenty-five years; but if lives should be lost and I have stated all the changes, I think, that are made in the bill ship sunk on that coast, which is a dangerous coa t, a very treach as it passed the Senate. The salaries are all kept the same, and all erous coast, the Congress of the United States will have it elf to the places put in for stations or for houses of refuge remain the s~me, blame for not having heeded the words of admonition which I had with the exception that there is one less house of refuge provided the honor to adclress to the Senate in calling their attention to the for, and the stations I have mentioned are omitted. necessity of this establishment. Mr. MORGAN, I am still unable to understand the entire extent The point upon which Fort Morgan stands at the entrance of the of the changes made in this bill by the conference committee, be bay of Mobile is nearly fifty miles from Mobile, nearly fifty miles cause I have not been able to hear distinctly all that the Senator out at sea from that city. Can it be said that the Go>ernment of from Michigan said; but I will take it for granted that nothing has the United States in providing for life-su.ving stations has no duty been changed of a material character, except the stations on the laid upon it to have some arrangement there by which life may be coast of Florida and the one at Fort Morgan, in the bay of Mobile. saved in the event of disastert That is the principle on which this Now, I object to that change, and the reason given by the Senator bill ought to proceed ; not to wait until after lives have been lost in charge of the bill is not sufficient in my judgment to warrant the and ships destroyed, and then come in and say "Becan e this has Senate in reeeding from the vote by which it ordered a life-saving happened, hereafter we will establish a life-saving station in that station to be placed at Fort Morgan, on the bay of Mobile. quarter." Wherever there are seas, especially southern seas, such The legislation of the Congres3 of the United States is getting to as the waters of the Gulf of Mexico, which are liable to sudden, ter be controlled >ery largely by conference committees. They yield rible storms, which, as I remarked when I had the honor to addre s certain amendments which are not agreeable to the gentlemen who the Senate on this bill before, had even driven the entire popula happen to be upon the committees, and in conference committees tion from islands lying out from the seaboard, it seems to me that it bills oftener than otherwise are shaped directly against the sense of is our duty to provide in advance, while other portions of the coun the Senate, I know, and sometimes against the sense of the House try are being provided for, at least some protection, some arrange expressed afte1·long and deliberate debate. I do not re~ard this as ment by which we can anticipate such dangers and their evil con a constitutional method of legislation. I do not believe either House sequences as far as possible. has the right to delegate to a select committee t.o meet together and Mr. McPHERSON. l\lr. President, while this bill was being con reform a bill contrary to the wishes expressed and the votes taken sidered by the Senate, I voted for the amendment offered by the Sen in the respective bodies. ator from Alabama. I did so, believing that it was a proper thing I had the honor to propose an amendment to this bill when it was to place a life-saving station at the point named in his amendment. before the Senate, providing that a life-saving station should bee - I was afterward appointed one of the conference committee of the tablished at Fort Morgan, and I called the attention of the Senate Senate to meet a like committee of the House of Representatives to the fact that there was not a life-saving station between Key with respect to the disagreements between the Houses on the bill. West and Galveston, and there is none yet. There is none at Port We found it imposs\).>le to get the concurrence of the House commit Eads; there is none anywhere on the coast of Louisiana; none on tee to all the amendments made in the Senate, and therefore some the coast of Alabama; none on the western coast of Florida; none compromi~e was necessary. One of the objections strongly urged in on the coast of Mississippi. the coiUIUlttee of conference was that there had heen no wreck on It is said that the recommendation of this com~ittee is based on the Gulf coast, particularly at or near the point mentioned in the the fact that the reports do not show more than four wrecks near amendment offered by the Senator from Alabama. I investigated the Mobile at that point within the last seven years. Well, the reports subject to this extent: I took the coast of New Jersey, and also the are not reliable. These reports are made, I suppose, unofficially. I Long Island coast, and I found that in a period of ten years, during do not know how they are made; but they are made by men who take that portion of tho year when it is not considered neces ary to main no pains to get up the data in respect to the necessity of such estab tain the life-saving stations along the coast, namely, during the lishments, and the Congress of the United States against the pro months of Jtme, July, August, and September, when the life-savin" testation of a. Senator and, as I notice, the entire solid vote of the crews are dismissed, when there is no supervision of the coast at all~ State of Alabama in the House, sees proper to allow a conference com there had been in the ten years just expired something like ten times mittee to strike out a life-saving statlon on that immense circuit of more "\YTecks on both the New Jersey and Long Island coasts than sea-coast reaching from Key West to Galveston, where there is not there had been on the entire Gulf coast within the district in which one station now to be found. this life-saving station was proposed to be located. The Senator from Michigan says that there having been no loss of life Mr. MORGAN. I will say to the Senator, if he will allow me, that there the last seven years, that is the best reason for not having a life the Congress of the United States has encouraged more ships to go saving station there. We must wait there until some great sea tragedy to Long Island, and discouraged more from going to .Mobile and the occurs and ships are wrecked a.nd lives are lost before we commence Gulf of 1\Iexico than would account for that difference. to extend our watchful c:1re in the preservation of life. Somebody :Mr. McPHERSON. That can hardly be an argument in this caae. · must be killed, some ship must be wrecked, some great disaster must So far as I am concerned, I am willing to extend the Life-Saving occur before the Congress of the United States can see the necessity Service everywhere that it will be of benefit; but the Senator is of putting this protection to commerce at the pwuth of Mobilo Bay, aware that with a long-extended sea-coast it is impo sible for thi oratthemouthofthe Mississippi River, or at Pensacola Bay, or Tampa Government to maintain life-saving stations at every point where it Bay, or Cedar Keys, or anywhere else on the Gulf coast. Wrecks do may be the pleasure of a Senator or a member of Congress to a k occur not only outside but inside the bay of Mobile, whereby vessels that one be established. If there is any reason in the world why a are lost and whereby lives are lost, and the Government of the Uni station should be establi bed at Fort Morgan, jn the Gulf of Mexico, ted States, while expending $600,000 or more than that for the pro there are four times the reasons why the stations should be maintained tection of life in other parts of the coa t of the North and Northeast, the whole year round on the coasts ef Mas achusett , Lon(J' Island, refuses to vote one dollar to establish a life-saving station on the Gulf and New Jersey. If the Government can appropriate an unlimited of Mexico, and the conference committee go very quietly, because amount of money for the purpose of maintaining these establish they have got as much as they want, and yield up this little demand ments, then let uslocatethem everywhere where eemingly there may ma-de in behalf of the bay of Mobile. be a necessity for their use. I am informed that on the Gulf coat Now, sir, I want the Senate to act on that question. I do not pro scarcely ever a ve sel is lo t. The nature of the coast on the Gulf pose to have the rights of my people bartered aw:1y by a conference iB such that you do not have the heavy storm. that we ha>e on the eommittee merely becalJSe it suits its members, because they are will Atlantic coast, and therefore there is no special nece sity for them ·ing to yield all we get, having secured to themselves all that they there. claim in the bill. That is not fair legislation; it is not right. I concurred in the report of the committee of conference simply I claim to have as sound a judgment in reference to the coast of becau e I thought that if there was a neces ity for a station at Fort ... . J 1882. CONGRESSIONAL RECORD- SENATE. 3399 :Morgan there was an additional necessity for maintaining them the the United Stat-es, and there is no question that a life-saving service, whole year round along the whole Atlantic seaboard. There was a very fully equipped and complete service, ought to be on that mo dis-position on the part of the committee, and seemingly there has coast. It interests the people of the West, of the Mississippi Valley, been none evinced by either the House or the Senate, to very largely far more than it does the 'people of Florida. But there is no doubt inCI·ease the appropriation for maintaining and establishing the life of the fact that Congress is not doing its duty to that section of the :saving stations. Therefore there was no provision in the bill so fit country in not providing more adequate protection to life and prop ting on which we shouldcommenceour reuuction as the amendment erty. The statistics, a-s I have stated, show the fact that there •offered by the Senator from Alabama. · have been a large number of wrecks on and near the coast of Florida, Mr. MORGAN. 1\fr. Pre ident, we have not asked for the charity and I repeat that Congress owes it to the commerce of the country of the Senate heretofm·e, and that is not a proper ba is of legislation to provide a more efficient Life-Saving Service than there is now. -on such a subject; but the idea of yielding something to others when 1\fr. CONGER. Mr. President, I desire to submit in this connec yon have got yourself all you asked for never seemed to suggest tion some statistics in regard to the number of vessels stranded on itself to the conference committee. Sometimes it will work its way these different coast~. and some statements which will explain the ;through political pressure, perhaps, on the minds of gentlemen after action of the committee of conference. I desire to have them in .debate on the floor of the Senate, where the discussion is open and serted in the RECORD . o.questions can be put and answered; but in the ecret conclave of a The PRESIDENT p1'0 tempore. The Chair bears no objection to -conference committee, where no one is admitted but the committee the request of the Senator from Michigan. themselves anu their own peculiar .-iews, of course it is an easy The papers submitted by 1\fr. CoxGER are as follows: matter to have things your own way. The Senator from New Jer THE LIFE-SAVD 5. In 1878, an aet considerably exrending the domain of the service was passed DR. A. SIDNEY TEBBS. June 18. The bill was for a longtime in the hands of the Committee on Commerce, of which a Southern man, Hon. JoHN H. ~EAGAN, was chairman, and of which The PRESIDENT pro tempore. The Senate will proceed to tile con the majority were of the party affiliating with the South. Many petitions from the South, such as that of the boards of trade at Galveston, New Orleans, and sideration of the business on the Calendar under the Anthony rule. Mobile, the underwriters of th6>se cities~ and the owners and masters of >easels, The Secretary will state the first bill in order. were presented to the House and referreo. to that committee, asking for the pa-ssage The ACTING SECRETARY, The bill (S. No. 29G) for the relief of of the bill as it was introduced, and ne>er once intimating that there was a. desire Dr. .A.. Sidney Tebbs. for more stations on the coast below North Carolina, nor did any one of the com mittee decla.re the need of such, with the exception of the one above referred to at Mr . .ALLISON. That bill, I understand, was taken out of the Stlbine Pass. Anthony rule yesterday by a vote of the Senate, so that it has passed The main provisions of the bill are as follows : away from action under that rule. The first section of the bill as it passed the House provided for the establish· The PRESIDENT pro tempore. That is a new question. ment of life-sa.vin$ stations and houses of refuge at or near certain points named on the Atlantic, u-ulf, and lake coasts. The Senate amended this section by pro· Mr. GARLAND. If it comes under the Anthony rule, is it subject viding for life-sa.viBg stations, as follows: one at or near Brenton's Point or Beaver to five minutes' debatet · Tail, Rhode Island; one n.t or near Fort Morgan, on the bay of Mobile; three on The PRESIDENT pro tempore. The Chair supposes that like any the Atlantic coast of Florida, one nea.r Key West, one near Jupiter Inlet, one at other case under the rule that is called it is called again to-day, hav or near Cape Canaveral ; one on the gulf coast of Florida, west of .Apalachicola. River; one at or near 'l'ybee Island, at the port of Sa>annah, Georgia.; one near ing been undisposed of yesterday. It is now taken up under the Brunswick; one near Doboy; one on or near Cumberland Island or Fernandina, Arithony rule, but the limitation as to debate is withdrawn. near the line of Georgia. and Florida.; three on the coast of South Carolina, near Mr. .ALLISON. But if it is taken up this morning under the An the ports of GeorgetoWll, Charleston, and Beaufort. The action of the committee thony rule, of course there is a debate of five minutest recommends concurrence in these amendments so far as to provide for the estab· lishment of stations as follows: The PRESIDENT pro tempore. No. It is taken up iu spiteofthe One at or near Brenton'sPointorBeaver Tafi,Rhotle Island; two on the Atlan· objection, and it continues under the Anthony rule, but without the tic coast. of Florida, one near Key West and one near Jupiter Inlet; one on the limit of debate applying. Gulf coast of Florida., west of Apalachicola. River ; two on the coast of South Car· olina, at or near the ports of Georgetown and Charleston. The statistics of dis'lS· Mr. .ALLISON. It is the unfinished business of yesterday, then t ters collected through the officers of the customs under the authority of sections The PRESIDENT pro tempore. In one sense it is. It is on the Cal 10, 11, and 12 of the a.ct of June 20, 1864, from the owners and masters of vessels endar, and is the first case to be ca&d on the Calendar to-day. The suffering disaster upon the COltBtofthl.'\ United States, showing a sufficient number Senate have decided that they will hear it, notwithstanding the ob of marine casualties in theneighborhoodoftheseplaces, taken in conjunction with the nature of the coasts and tlieamount ofshipping exposed thereon, to appear to jection that was interposed, and therefore the limit of debate does justify the establishment of the stations named. The action of the committee not apply to it. . recommends non-concurrence in so much of these amendments as contemplate the Mr. .ALLISON. That is a practi0al ending of the Anthony rule. establishment of stations at or near Fort Morgan, on the bav of Mobile; at or near Mr. SHERMAN. '!'hat is a very important question, because if Cape Canaveral; at or near Tybee Island; at or near Brmiswick; at or near Do· boy; at or near Cumberland Island or Fernandina, and at or near Beaufort South that construction prevails it is practically an ending of the Anthony CA.rolina.-the reasons above given not appearing to the committee to enst1 in a rule. sufficient degree at these localities t.o demand tlie present establishment of sta The PRESIDENT pro temp()re. But this comes under the Anthony tions thereat. rule now. The Anthony rule has been amended by adding: The number of vessels which appear to have stranded during the last ten years at these points is as follows: at or near Fort Morgan, on Mobile Bay, 4; at or But if the Senate shall proceed with the consideration of any matter notwith near Cape Canaveral, 1; at or near Tybee, 4; at or near Brunswick, 6; at or near standmg an objootion, the fore~oing vrovisions touchin~ debate shall not apply, Doboy, 4; at or near Cumberland Island or Fernandina, ! ; at or near Beaufort, but the subject shall be proceooed with under the standing rules of the Senate. South Carolina, 2. There was no loss of life at any of these strandings, and it may be remarked here that strandings are the form of disaster which the Life-Saving If this bill bad been considered under the five-minute rule yester Service is chiefi.y designed to meet. day it would come up this morning. This is simply carrying out The fourth section of the bill as it -passed the House fixed the salaries of the dis· trict superintendents as follows: for the first, eighth, and twelfth districts, the Anthony rule. It is in order until two o'clock. $1,800 per annum, respectively-; for the second and fifth districts, $2,000 per an Mr. SHERMAN. I was of opinion that the Chair was right in his num, respectively; for the third, fourth, sixth, ninth, tenth, and eleventh dlStricts, construction of the Anthony rule and would have so voted if that $2,500 per annum respectively; for the seventh district, $1,000. The Senate question had been pressed; but that has b(}en changed, and now the amended this section1 by reducing these figures to $1,500 per annum for the super· intendants of the first, second, fiftk, and eighth d istricta, respectively, and to $1,800 rule expressly provides that when the Senate, during the execution per l\nnum for the surperintendents of the third, fourth, sixth, ninth, tenth, and of the order under the Anthony rule, interposes by a majority vote to eleventh districts, re$pectively; and increased the compensntion for the superin· take a bill out of the Anthony rule it shall then be conducted under tendent of the seveutli district to $1,200 per annum. the general standing rules of the Senate. I understand-and I only The committee have recommended concurrence in these amendments, believing that while the reduced rates of compensation may not be adequate to the service wish a correct construction of the rule, so that we shall avoid diffi rendered and the responsibilities of these officers, they are yet probably sufficient culty and delay hereafter-that upon a motion made by the Senator t.o secure competent men for the position, and that the service may not matlerially from Vermont, and upon an amendment adopted on his motion, when suffer on this account for some time to come. .A.s to the increase from $1,000 to a bill is taken off the Calendar under the Anthony rule by a vote of $1,200 per annum in the sevent.h district, it is belie>ed •.o be justified by the in· creased number of stations and houses of refuge which the bill provides for the a majority of the Senate, it is then to be conducted as if that rule did coast under the charge of the superintendent. not exist and the bill was taken up like any other bill, to be debated The Senat~ added an amendment to the fifth section of the bill as it passed the and decided under the standing rules of the Senate. The Ia t words. House, authorizing the Secretary of the Treasury to fix the pay of the men em ployed at the Mr. GARLAND. I do not understand that the Chair has submit Mr. FERRY. Will the Senator allow me a word f ted any question of order. Mr. HOAR. Certainly. Mr. SHERMAN. I undocstood the Chair to invite suggestions on Mr. l!'ERRY. Would not the Senate have tB.e power within the the subject. two hours to order the consideration of, say, the Chinese bill or any· Mr. GARLA.l.~. He cannot invite suggestions except by submit- other bill f ' tincr questions under the rule. Mr. HOAR. Certainly. Mr. SHERMAN. I do not want to waste time. Mr. EERRY: If that be the case, would not the general rules. Mr. GARLAND. We went over this ground yesterday. If there apply to the bill before the Senate; and if so, then if the two hours was a new question now I would not interpose. expire would it not continue 'i Is that order of the Senate confined Mr. COCKRELL. It is always usual to hear a Senator on such a to the two hours under the Anthony rule f point. Mr. HOAR. All the rules of the Senate the Anthony rule as weU The PRESIDENT p1·o tempore. The Chair will hear the Senator as the general standing rules, leave it in the power of the Senate at from Ohio. any time to. lay a~ide any pending matter and take up any other . . Mr. SHERMAN. I do not desire to delay; it is not my habit to The proceedmg With the C~lendar up to two o'clock is only in case delay business by a discussion of these matters; but I want to get the Se~ate do not o~erWise ?r~er. The Senate may at any time this rule settled, so that we may go on without dispute. It does otherwlBe order. This propos1t10n makes the proceeding with this seem to me that when the Senat~ yesterday set aside the Anthony bill a proceeding under the Anthony rule up to two o'clock.· The rule this bill was brought before the Senate under the standing rules Anthony rule is still in force to give it this priority up to two o'clock of the Senate. Now let me read the words; they are as plain as they and then stops; but- can be written: The foregoing provisions touching debate- But the subject shall be proceeded wit.h under the standing rules of the Senat~. • Are_ the only ones that do not apply, and in lieu of which the· What are "the standing rules of the Senate 7" They are that de standing rules of the Senate, that is the standing rules as to debate bate shall be unlimited, that things shall go on without limit of time not the standing rules _as ~o t.h~ order of business, shall apply. I~ as to discussion. They are exactly the opposita of the Anthony rule. other words, when a bill IS obJected to under the Anthony rule it Therefore, the very moment a majority of this body decide that a bill goes to the foot of the docket below the unobjected cases unless th~ shall be considered without regard to limitation of debate, it must Senat~ by a majority vote, still acting under the Anthony rule be conducted under the standing rules of the Senate. What can be takes 1t up, and wh~n. by a majority .vote it is taken up under th~ plainer than that Y Antho~y rule tl;l~n 1t lB taken up Wit:l~.out the application of the Mr. HARRIS. Will the Senator allow me to a-sk him if he thinks foregomg_ proV1s1ons as to debate, bu~ m that respect substituting that this bill has lost its place on the Calendar! ~he standin~ rules oftJie Senate, but m every other particular leav 1\fr. SHERMAN. Not at all. . mg the Anthony rule m operation. . Mr. HARRIS. Has it lostits place by reason of the objection and Mr. INGALLS. Will the Chair state the pending question f the fact that the Senate overruled the objection by ordering that The ~RESIDENT pro tempore. There is not any pending question. the Senate should proceed with the consideration of the bill 7 The pomt was made by the Senator from Ohio that the Senate could -Mr. SHERMAN. Mr. President, what I mean ]s this: that when not proceed with this bill now, that it could not be taken up that an objection is made to a bill it has lost its benefit of consideration some otht>r must be taken up, that it had lost its place. ' under the Anthony rule; that objection is sufficient to prevent its Mr. HOAR. Did not the Chair rule on that pointY being considered under the Anthony rule. Then the Senate under The PRESIDENT p1·o tempore. The Chair did rule, btit the Chair the express amendment made yesterday may proceed to consider it su~gested that h~ 'Yould hear !l-n_y Senator speak and then decide the under the standing rules of the Senate, not under the Anthony rule. p~>ln~. The Cha:rr 18 of the opm10n that under the Anthony rule this Nothing can be plainer than that, it seems to me. bil~ 1s to be considered now, and by the amendment yesterday it re I do not want to delay the consideration of this bill; indeed I want mams undo~ t~e Anthony rule still._ As to bills that are objected to, to go on with it, but I say that when the Senate does take a bill out ~he_re a maJonty of the Senate dec1de that notwithstanding the ob from under the Anthony rule it cannot be claimed that the Anthony JectiOn they shall be heardJ then the limitationofdebate is the only rule keeps it on the Calendar in the way of all other business of the thing that gives that case a preference over any other. That was. Senate; otherwise the Anthony rule might just as well be laid on the th? object. It~ to be cousidere~ until two o'clock. If it was any table. . thing else, then 1t meant that a bill so taken up should override any lli. FERRY. And I might add to what the Senator from Ohio other case, and override the unfinished business. The Chair does has said that when the two hours expire there is no force to the not believe that that was the intention of the Senate in passincr the Anthony rule. Therefore, under the order of the Senate, by the amendment yesterday. The mischief at which it was aimed w~s as. amendment 3:dopted yesterday, a bill is taken out of the Antho:ay ~he Cha~ understood the decision that was made by the Chair, that rule and cons1dered under the general rules of the Senate; and what 1t was still under the Anthony rule, and must be considered with five are those rules Y That it shall continue until disposed of by the Sen minutes' debate. By the amendment of the Senator from Vermont, ate, and if it passes the hour of two o'clock the force of the Anthony and the S~na.tor from Massachuse~s, both being sub tantially the· rule loses its power. s~me, the lliDlt as to debate was Withdrawn; but the bill still Qon Mr. COCKRELL. Then at the hour of two o'clock it is the un- tmues under the Aniihony rule till two o'clock, and is open to un- finished business f limited debate. • Mr. FERRY. It O'Oeson and continues; but when the Senate ad 1\~r. FERRY. :A:fay I ask a question of the Chair 7 Then by the journs, if it has notbeen disposed of, it is the unfinished business to ~ng of the Charr, the Senator from Vermont, as well as myself, is be taken up the next day. What force is there in the amendment mcorrect that the Senate cannot order the taking up of any question unless it is to take such a bill out of the Anthony rule f The very that is not on the Calendar Y point of the am'3ndment is to prevent one Senator from dictating the The PRESIDENT pro tempore. The Senate can by a majority vote- legislation of this body. Otherwise a. single objection here, as stated decide to take up anything. by the Senat.or from Kentucky, [.Mr. BECK,] followed up succes Mr. FERRY. Then I would ask the Chair, if that be the case, in sively, would clear the Calendar without any consideration what the illustration which I suggested to the Senator from Massachu ever. Now, the object of this amendment is to take out an objected setts-- bill and leave it to the majority of the body and they decide that it 1\fr. HARRIS. Mr. Pre ident-- shall be controlled by the general rules of the Senate. It seems to Mr. FERRY. I think I have the floor. me it is a clear case. There cannot be any question of it. Mr. HARRIS. Has the Chair ruled upon the question of order! Mr. HOAR. I wish I could agree with my honorable friends on The PRESIDENT pro tempore. The Chair ha. my 1·ight, for I should like very much to have their view of the case Mr. HARRIS. Has there been an appeal from that decision 7 apply at present, but it seems to me that this rule is very clear and The PRESIDENT pro tempore. No, sir. that the opinion indicated by the Chair is clearly correct. Mr. HARRIS. Then I call the Senator from l\lichi(J'an to order. In the first place the Anthony rule provides for consideriniJ'0 bills :Ur. FERRY. I hardly think the Senator from Tenn~ssee wHl make- in their order upon the Calendar. That is the first thina. Then that point when I am asking the Chair a question, pending this mat comes the provision of the Anthony rule that bills not obJected to ter, _so that we may understand it and not blunder again. shall be considered under a five-minute debate, and that no Senator ~Ir. HARRIS. If the Senator is only asking a question, I shall not can speak but once, and that if there be an objection the bill shall ob.Ject. go over to the foo~ of the Calendar, still retaining its place on the Mr. FERRY. I thought the Senator would not. I was a-skin(J' the Calendar but gomg to the bottom, below the unobjected bills. 1 Chair whether it would be iu order for any Senator to move dt~ring Then- the two hours, or when the Anthony rule is in force, to take up any But if the Senate shall proceed with the consiueration of any matter notwith other question that is not on the Calendar f standing an objection- The PRESIDENT pro tempore. The Chair will not answer :my such The bill shall then be taken out of the Anthony rule; but- question as that. the foregoing provisions wnching debate shall not apply. . Mr. INGALLS. The Chair is not here for the purpose of answer That is all. Every other provision of the Anthony rule remains. mg conundrums, but to enforce the rules of the Senate. Bnt the subject sha.ll be proceeded with nnder the standing rules of the Sanate. The PRESIDENT pro te11tpore. The Chair decides that·this case i!f All that is a rule to govern the Senate for the time up to two within the Anthony rule, and is to be considered without limitation o'clock. of debate. :3402 CONGRESSIONAL RECORD-SENATE. APRIL 28, Mr. HARRIS. What is the question on the bill pending f Mr. SHERMAN. The Senator is making a speech, and I do not The PRESIDENT pro tempore. On the motion to refer it to the want to prolong the debate. •Committee on the Judiciary. Mr. l\IAXEY. The people may elect as President of the United Mr. McPHERSON. Do I understand the Chair to rule that it is States a man who wa once a rebel if they see proper to do so, if he -without limitation of debate Y is now under the :flag of the country doing his duty, and he is by oper The PRESIDE}c'T p1·o tempore. Yes, sir. The pendingquestionis ation of law commander-in-chief of the Army; and yet a boy who the motion of the Senator from Vermont to refer the bill to the Com helped him, who waited on him while he was a 1·ebel, could not be mittee on the Judiciary. made a corporal. That is simply an absurdity. The whole thing is Mr. SHERMAN. :Mr. President, I have intended when this sub extremely ridiculou . ject was brought before .the Senate to vote for the repeal of section Mr. SHERMAN. The Senator from Texa has been able to state 1218 of the Revised Statutes, which excludes from serving in the much more clearly than I-- Army in any capacity persons who were engaged during the civil war 1\lr. MAXEY. Not at all. I was only in the line of the Senator' in the rebel service, and also to vote to repeal all provisions of law argument. I hope the Senator understands me. I agree with the in regard to test-oaths, ancl to be liberal also in the construction of argument be is making. The exception he referred to I think would the third clause of the fourteenth amendment of the Constitution. not be proper or necessary. I wish it distinctly understood that while at the proper time and 1\fr. SHERl\IAN. The law is not congruous, Imaysay, to the pre - with proper moditications I will so vote, I do it upon the fir~ con ent condition of affairs, but at the same time there may be properly viction that the e laws when passed were all wise laws, exceedmgly exception , or classes of exceptions made even in the repea,l of the liberal, as the basis of concessions and a settlement with defeated law. insurgents at the close of a great civil war, unexampled in all his In regard to the constitutional amendment, the third clause of the tory for liberality and generosity by the victorious party. The test. fourteenth article, I have never known a case where any person who oath was adopted in the midst of the war, the act being passed in was subject to the disabilities imposed by that amendment has ap July, 1862, just when the war wa most threatening and imminent. plied for the removal of those disabilities that it has not been promptly It was intended to guard these Chambers, the House and the Sen and heartily granted. I believe now it is the standing practice that ate, from the admission of perso.ns who would take the oath of office whenever any one applies for the removal of hi disabilitie it i at -2.nd then violate it. One conspicuous example had occurred in the once granted as a matter of course. previous session of Congress; it was then full upon the public mind. The provisions of the reconstruction acts were temporary in their A man distingllished in position in one of the States of the Union nature; they only applied to the first election or for a short period had taken the oath of ofiice July 4, 1861, and within a month after of years, and they have di appeared; so that all that is left of the ward was engacred in armed rebellion against the United .States. provisions growing out of the war affectin~ any pe1·sons who had ·Therefore that law ~Ya undoubtedly properly passed and justified been engageS. in the rebel service are contamed in the three enact by the circumstances of the case. Afterward it was modified by the ments to which I have alluded, most of which have spent their act of 1868, so that tho~>e who were relieved from disabilities might force. take a modified oath and come here and participate in legislation. When I shall vote from time to time, as I will, for properly framed I do not see any occasion for keepj.ng that law upon the statute bills to remove these disabilities I want to impress upon the Senate, book. It has sened its purpose. P erhaps there might be some and if I can upon Senators from the Southern States who fall within exceptions properly made in the repeal of that law. If so the Com the description contained in those bills, that thee laws were wise mittee on the Judiciary ought to carefully consider them and pro in themselves, liberal, just, generous, more so than you can find in vide for them, but it seems to me it is incongruous to require persons the records of any civil war in times passed. While we remove the e who are loyal and .have alwavs been true to their country to take a disabilities now, we do not repeal laws 1mjust when made, but law long involved oath relating to circumstances that have ceased to that were wise when made, but which have ceased to be operative exist for seventeen years, and to .administer a modified oath in upon facts as they now exist. substantially the old original form to those who have participated I think that all parties in this country ought to feel and confess in the rebellion. If there are any supposed exceptions to be made that at the close of the war the loyal people of the Unitecl Stat-e to this general repeal they should be pointed out by the Judiciary who remained true to the :flag were generous andlibe1·al and manly. Committee. · No man after the war was punished for any act done as a rebel dur So also with the law which was pa.ssed just at the close of the war, ing the war. No fine or disability was imposed after the wru.· wa declaring that no person who had participated in the rebellion should over. No blood was shed. Where else can that be said in any pre serve in the Army of the United States. That certainly was a proper vious history! No property was confiscated; no disability was im provision of law at the time it was made. It was passed at the close posed except one that could be easily removed by an act of Congress. of the war, when there were discharcred from the Army more than The third clause of the fourteenth amendment only imposed a tem one million of men then enrolled in the Union Army, at a time when porary disability, which was merely a straw to be removed whenever our armies were being disbanded, and when many soldiers who had a man who participated in the rebellion would simply say, "plea e served faithfully in the Army were ·suddenly deprived of their em remove these disabilities from me." So this law which was 11a ed ployment and consigned to private life. Then it was declared in at the close of the war when a million of men were disbandeu, simply this section 1218 that no person who had participated in the rebell prevents those who erved in the rebel ru.·my from filling a place in ion in any form, either in the civil, military, or naval service, should the Army until Congress should repeal the law. be appointed in the Army. Now seventeen years have rolled around. Therefore, I trust (and this is the poiut of my speech) that the 'en "The young men who entered the rebel service have now reached1 say, ator from Arkansas will not pre 'S this bill, but will allow it to go to the forty years of age. Very few who were then officers of the Army Committee on the Judiciary or to the Committee on l\1ilitary Affairs, .are now eligible or fitted for active service. No one can now be ap whichever is the proper one; and let such committee fairly con ider pointed an officer of the Army except at the foot of it as a second it and report such qualifications or limitations as may be deemed lieutenant, except for certain quasi-civil offices, such as paymasters, proper. surgeons, and the like, few and limited in number. Even now it I desire to see this bill passed by the votes of both sides of the may be proper and right that some exceptions should be made. Chamber, by Republicans as well as by Democrats. I do not de ire When a repeal is had there may be some striking exceptions of classes to see it passed by the votes of those who a1·e descrjbed in the lan or cases. 'I'ake the cla s referred to by the Senator from South Caro guage of these sections. Let it be referred to the Judiciary Com lina. Persons who graduated at West Point or Annapolis and were mittee, and let it be-reported, and I trust that it will meet the hearty educated to perform military or. naval services should not be per concurrence of both sides of the House. mitted under any circumstances to go into the Army. It may be It is said that the Judiciary Committee have had these bill pend proper to make exceptions of that kind, but the general provisions ing before it, and have not reported, but we have now the a m· of the law have no application to this time. It would be a rare case ance made yesterday bythe Senator from Vermont, [l\1r. EDl\IUXD , ] under peculiar circumstances that would induce a President of the that they will consider this subject and report bills witbont any un United States to appoint to the Army any one who had been promi necessary delay. We may possibly hn,ve in a single bill all the pro nent in the rebel service. visions that are necessary to relieve all di abilities arising out of Mr. MAXEY. I will state to the Senator from Ohio, if he will the war, with proper reservations and exceptions. permit me, althengh personally I care nothing about it, (I am not As I said in rising, whenever this question comes up, although I applying to get any one in the Army, and I do not want to get any voted for all these sections, supported them honestly, believed them one into it,) you may take the youngest men who were at West Point right, and believe them right now, but inapplicable to our tim , I and they would not be eligible to appointment, by reason of age. I shall now vote for their repeal, but I would rather the whole subject have in mind one who lives now in my town, and who left the Academy shall be presented in a. single bill that woulcl enable u on both when he was about seventeen years old, and became a brigadier sides without any dinsion of party to vote for a general relief from _general in the service. He is thirty-seven or thil:ty-eight years old disabilities ~owing out of the war. now. An Army regulation, which has the force and operation of l\1r. :MAXEY. I wish to ask the Senator from Ohio, and he is fair law, controls matters of that kind. A J,ieutenant cannot be ap on this question, why should the Judiciary Committee more than the pointed at thirty-eight years of a~e. Therefore it would be a vain Militarv Committee pass upon the qualification of a person to go .and useless thing to legislate a.gamst a clas of men who could not into the Army · What reason i there for it Y The Military Com · .:receive such au appointment. Again I want to call the attention of mittee is the proper committee to corisiderthe bill and that committee "the Senator for a moment-- ha reported. It relates exclu ively to appointment in the Army, 1882. CONGRESSIONAL RECORD-SENATE. 3403 a matter with which the Judiciary Committee has nothing to do take tho oath, the President of the United States in his sixth annual whatever. message, December 7, 1874, General Grant being then P:Jiesident, used Mr. SHERMAN. The subject-matter of the removal of political this language : · -disabilities is rather in the nature of a legal question, and the test The act of Congress providing the oath which pen ioners must subscribe to be oath question is, I understand, before the Judiciary Committee and fore dra.win~ _their _pensions cuts off from this bounty a few survivors of the war is pending there in the form of three or four different bills. To me of 1812 resiaing in the Southern States. I recommend the restoration of this bounty to all such. The number of persons whose names would thus be restored it is a matter of perfect indifference whether it goes to the Military to the list of pensioners is not large. They are all old per ons, who could have Committee or to the Judiciary Committee. I think, however, it had taken no part in the rebellion, and the serVIce for which they were awarded pen better go to the Judiciary Committee, because the laws to be repealed sions were in defense of the whole country. in regard to the test-oath a1·e three or four in number, and they would Then again he proceeds to comment on the folly of all this class have to be modified, the bill would have to be carefully framecl to of legislation being continued. The Committee on the Judiciary meet that question, and in doing that the committee micrht as well have another bill before 1.hem-it wa intimated yesterday that I take into consideration the repeal of section 1218, which is only a have been bringing in bills seeking to wipe out all this class of laws. brief section of two or three lines. I agree that I have before that committee a bill to remoye the po :Mr. BECK. 1\Ir. President, I hope this bill will not be referred to litical disabilities of all men. That bill was also recommended by the Committee on the Judiciary, and for these reasons: as I stated General Grant, Pre ident of the United State , as early as 1 73, in yesterday, a bill precisely similar to the amendment of the Senator these words : from Arkansas which we are now considering has been introduced I renew my previous recommendation to Congress for general amne ty. The by me three several times and referred to fhe Committee on the number engaged in the l.a.te rebellion yet laborina under disabilities is very small, .Judiciary, first in Decembe1·, 187 , again the 21st of March, 1879, and but enough to keep up a. constant initation. No possible danger can accrue to .again on the 5th day of April,.1881, and at no time has it ever been the Go>ernment by-re:;toring them to ellgibility to hold office . -reported to the Senate. Why should we send them yet another f On the 8th day of December, 1873, in the House of Represeutati ves, No amount of in_vestigation can make the simple question before us (then Republican by a very large majority,) Mr. :Maynard, a. Rep clearer than it ha been m~ule by the statements of Senators on both resentative from Tennessee, introduced a bill "granting general am sides. nesty, with removal of all political disabilities," repealing the iron The Senator from Texas [Mr. MAXEY] said truly that no young clad oath and prescribing another. I will read the bill. It is as man who was in the confederate service and was over eighteen, or follows: certainly over twenty years of age, at the time the war closed can Be it enacted, cf:c., That all disabilities imposed and remaining upon any person by pos ibility· ask for anything to which this section relates, or be by virtue of section 3 of article 14 of the amendments to the Constitution of the appointed by the Pre ident to any place in the Army. Senators all United States be, and the same are hereby, removed. know that section 1218 does not reach any cla s of men who are fairly SEc. 2. That the act of July 2, 1862, entitled ".An act to pre cribe an oath of office, and for other purpose ," be, and it is hereby, repealed. .And hereafter objectionable to any of the laws that were passed ii: order to punish every person elected or appointed to any office of honor or profit under the Gov men for taking part in the war. Take for example the ca e of ernment of the United States, either in th civil, military, or naval departments the Senator from Vir~inia, [1\fr. 1\lAB:oNE,] who yesterday voted of the public service, shall, before entering upon the duties of such office, and a~aiust considerillg this bill. It would seem to me impossible for being entitled to any of the sala.ry or other emoluments thereof, take and subscribe the oath prescribed by the act of July 11, 1868, entitled ".An act prescribina an hrm to vote against it when the question of its repeal is before the oath of office to be taken by person from whom legal disabilities sh¥J have i>een ·Senate. I do not ee him in his seat; I use his position only to illus removed." trate my view. How could a man occupying the relation he does That bill passed the House of ReprP.sentatives on the 8th day of -oppose it f He was a genera 1 in the confederate army and is now oc ·Cnpying a position in this body. He can be Pre ident, he can occupy December, 187:3, as is shown by the attestation of Edward McPher ·any political position, but the boy twelve or fourteen years of age son, Clerk, and by the RECORD of December 8, 1 73, page 91, by a who >vas employed by the State of Virginia or by the Confederate vote of 141 yeas to 29 nays, and it was passed after discu sion. When :States to hold his horse, carry his orders, or wait upon him while he 1\Ir. Maynard read the bill, ~h. Lawrence put thi question: Would not that admit Jeff. Davis to a eat on this floor? was a brigadier-general in the confederate n.rmy, cannot even apply Several MEliBERS. Certainly. for a place in the Army of the United States. .Mr. LAWRENCE. Then I object to it. The idea that a Senator so situated would vote to retain this law .Mr. G. F. HOAR. I will inquire of the Speaker whether, under the rule applied in the statute-book is too absurd for men to discuss. When all the by him in the last Congress to the CommitteeonPrintin"', the Committee ou Rules heads of the confederate government and its armies, Ml the so are authorized to report general legislation at any time called offenders, are free, why should young men who had nothing The Chair answered that question. to do with the war except to work in humble places in order to Mr. HoAR then said: .make a li-ving, indeed bein Judiciary Committee. Tha~ committee is the tomb of the Capulets understand it) it is necessary should be in some way maintained. Is. for all such bills. The Senate can take a vote as well without the it not right to consider it f action of that or any other committee as with it. All these questions of law of almost every form are before the Judi Mr·. EDMUNDS. Mr. President, theSenatorfrom Kentuoky [Mr. ciary Committee now. That they have not been acted upon and re BECK] complains so much of the Judiciru:y Committee that perhaps ported, I will say, o faraslcanremember, and! thinkl -of t.he nature and the character of the offense as that no one can be Whatever else we do in.theenactmentofpenalstatutes, we should well left in doubt about its meaning. Further than that, it is due be definite and allow no equivocation; and in a matter of tb.i.-; kind to the Government of China, which has a duty to perform in pre where we see there is so much desire to evade the force of the law venting the emi~ration of this class of its people to the United States, we certainly ought to be very careful to so define our meaning as that we should inform that government what we mean by the term that there shall be little or no doubt left about it. It seems to me "laborers" in this enactment. the bill will be virtually emasculated if we proceed to enact it with If we ~ive to the word "laborers" the same definition that was out including a definition of the word "laborers," as we understand .given to 1t by the negotiators of this treaty we shall not disappoint it, and in the execution of that discretion which is left to us in the China and we shnJ.l not inflict upon that country any injury what treaty so to define our meaning. soever. The commissioners who reported this treaty in the execu The question has occurred to me why it is that there shonld be any tion of which we are now proceeding, Mr. Angell1 Mr. Swift, and objection to allowing the friends of this measure to place it in a Mr. Trescot, made a report, after the treaty had been signed with very distinct and unequivocal light before the world. Is it n~t. after China, to the Secretary of State, on the 17th of November, 1880, in all, a desire that Chinese laborers may be imported here· in some which the following statement appears: form or under some pretext so that those who want a laboring class Without going into a detailed history of the negotiations which has been fur in the community deprived of the ballot may have an opportunity nished to the Department from time to time in our former dispatches, we may say to be a~commotlated! We have one vast laboring class in this that the Chinese snbmitted a scheme which provided: country to-day who hold the ballot, and it seems tbat they cannot First. That the immigration should be "regulated" by the Government of the be used, holding that ballot, for the purpose of preventing strikes United States, such regulations1 however, to be communicated to the Chinese Gov ernment for approval before gomg into effect. among operatives1 preventing labor-union leagues combining to Second. That "adisans " should not be included among Chinese laborers. gether on. occasions to keep up the price of labor or to prevent cap Third. That the regulation should apply only to Chinese laborers in the employ Italists from grinding them into the dust. The men who want to -of American citizens. control the laborers of this country absolutely must have a lever by Fourth. That if tbe regulation should extend to the limitation or suspension of -such immigration, the limitation in point of numbers or the suspension m point of which they can bring pressure to bear upon the substratum of society time should be specific. In this country which we call the laboring classes of the country. As to the second ancl third points of this sch~me it is unnecessary to repeat the it seems to me that the purpose has been made clear and distinct .o0bvious reasons why they could not even be taken into consideration. that those who expect to profit by the use of labor in this land, The second is that artisans should not bo included among Chinese especially in the large factories and upon railways, and where im laborers. Our commissioners said it was unnecessary even to state mense numbers of men of this class are to be employed~ have set them the reason why that subjeci could not be taken into consideration. selves to work to introduce here in one way and another a class of men Proceeding further in their report to the Secretary of State, they who can becontrolledabsolutely, because they have got no ballot to say: protect themselves with. I have not heard as yet that anybody wants to give the Chinese At this point in the discussion we deemed it best to say that while the details t.he ballot. except perhaps the gentlemen who voted against the four- ~f the treaty and its lan~ge were matters in which we would gladly consult the , preferences of the Chinese Government, we could not consent to any settlement teenth section of the bill. Others assert that the law as it stands which did not recognize the entire discretion of the United States in dealing with now excludes the Chinese from acquiring the benefits of naturaliza this subject. tion in this country, which is attended by the use of the ballot, and That was a very important statement which was made to the Chi- that therefore such an enactment is unnecessary. If we have laws nese Goverhment. They could not con8€1nt to any settlement which upon the statute-book which do exclude the Chinese from naturaliza -did not recognize the entire discretion ofthe United States in dealing tion, it seems to mu in dealing with this peculiar clas~ of people with this subject. Further: under this bill we should be still more emphatic and still more de- We thought that any regulations t-o be matter of joint arranuement would only cided in the announcement of our position, that they are not to be ·raise new questions, and that the administration of any suchjointregulations would mcluded in the rights of American citizenship either in the States or in .Practice prove unsati8factory. Besides which they could only be of force in in the United Sta,tes. Therefore, I thought that it was necessary to Chinese porta and would be useless in regard either to Hong;-Kong or Singapore. put that provision in the bill, so that our purpose might be fully and We thought that the simplest. the directe t, and the only effiCient p1'Ul was to give clearly disclosed to China as well as to our own people and the rest the contl·ol of the subject to the Government of the United Stat~. WetbereforecommunicatedtotheChinesecommissionersthatwewouldconsent of the world; but it seems that some Senators here are opposed to to strike out the word "prohibit," provided they would accept the words "regn- that provision also. They want to leave the question open as to late, limit, or suspend,'' being satisfied that these words covered the power tn whether the Chinaman may be naturalized or not in the States, or, -devise and enforce all necessa~-y and proper legislation. if you do not call it naturalized, that he may be put in such political There was a distinct statement on the p~ of our commissioners to condition as that he may enjoy the use of the ballot ; still that pro the Chinese Government t.hat they would not accept the Chinese vision has prevailed. The Senate, concurring with the House, has proposition that the word "laborers" should not include artisans, denjed to the States and to the United States the power to confer and thereupon that word was put into the treaty with the under- the rights of citizenship upon Chinese. Then it seems that it be .standing that the word "laborers" did include "artisans," under came necessary that we should have a statute capable still further of the power and discretion of the United States Government to exclude being evaded, in order that a class might be drawn into the United them by statute. States who would be so servile in their character as that they could That being the understanding ofthedefinitionoftheword "labor- be used to control the substratum of society here, the laboring -ers" in the treaty, and it being explained in the very communication classes, and who had no power to protect themselves by political or with which our commissioners laid the treaty before our own Gov- ganizations or an appeal to political forces. I run afraid that there -ernment for ratification, how cau it be said that there is no necessity is a good deal of that in the opposition to this bill. I prefer that the o0r no propriety in our placing that construction distinctly in the bill when it pa~ses shall be passed in such a distinct and clear man body of this bill! It seems to me that it is a clear duty that we ncr as to all of its provisions that no man here or in China may deny :-Should do so, a duty which we owe to China as well as a duty which what we mean. we owe to all persons who may be concerned in this cou:ntry or else- .Mr. CALL. :Mr. President, I propose to vote for the bill, and I am -where in the effort to bring in such a class of immigration to this entirely indifferent whether the bill provides for an exclusion often country. years or one hundred years-whether it excludes the skilled or the Mr. President, I will not undertake to criticise the motives which unskilled Chinese labor. I think there can be no questioning the may lie at the bottom of the objection to this definition of the word proposition that in every State and community in the United States, 1n the treaty, but I cannot close my eyes to the fact, as it seems to in every State possessing political power, when the people unani me, that there is a settled purpose that there shall be stilll9nger mously resolve that they do not desire a class of foreign immigrants doubt left in the construction of onr statutes, so that they may be to live among them, when they find in their social customs! their -still further evaded. It was the doubt left in reference to the im- business habits, their personal habits, nn antagonism which is re portation of coolies contained in the very fact that there wn.s no volting to the entire people of the State, it is a duty which Con definition of the meaning of the word "coelies" that has led to the gress owes to protect that people from the settlement among them great evasion whi~h has caused swarms of people to come from China of a population entirely antagonistic to their habits, their religious ·to this country without any construction of our statutes at all; and beliefs, their political opinions, and their whole social, civil and if we pa s a statute of this kind without a construction which does economic polity. Dot now define the class of people who may come and those who are I can well conceive how there may be such an antagonism-an all ·~xclnded , we shall have still-further evaf'ion, and the law will be- tagonism resulting from education, resulting from political associa come, as the cooly statute has become, a dead lett~r on the statute- tions, resulting from habits that have become fixed and dominant book. among the people. I can readily apprecilrte the fact that in a cem- I de ire that the bill shall be enacted in snch a form as that it will munity where political power depends upon the individual there can have some efficiency, as that it will at least secure what the people be the gravest reasons of state in addition to the economic and sochl of tho United States desire, and have expressed twice by solemn reasons which would antagonize such a people with those resident vote gh·en in both branches of Congress. To leave the word "la- and dominaH.t there. borers" to be construed by the terms of the treaty is merely to open I can see much in this Chinese immigration which naturally pro the statute unnecessarily and unwisely to a construction some courts duces that feeling, which properly produces that feeling. In the may put upon it adverse to the views entertained by the friends of Constitution the language is e.:qJlicit, and recognizes the right of ~• this bill, and which they desire to exclude by express provision in State to admit or exclude persons t>ubject to the power of Congress, ·the language of the bill itself. · t to prohibit tll:ir migration or their rmportation hit·her. The tm- 3406 CONGRESSIONAL RECORD-SENATE. APRIL 28, questionable power and in my op~nion, the unquestionable duo/ of the law of this country, enactments which were contrary to the Congress in snch a case 1s1 to exercLSe that power for the protection pirit and history of English law and libe1·ty, enactments some of of the people. which are incorporated into this bill and of which the criticism may But when I have said that I have said all. My mind does not justly be made that it is more dangerous to introduce the Chinese asdent to many of the economic propositions which are presented administration of law, the Chinese despotism, the Chinese indiffer here. I do not perceive that the protection of American labor is neces ence to justice and right, than it is to introduce the Chinese laborer s:uilydependent upon the exclusion of this orthe other class of people. himself. I am not sure but that more powerful causes than the exclusion of The spirit of English law, matured through many ages of re ist any class of foreign immigration here,.be they good or bad, are neces ance to oppression, of resistance to authority, to e tablished author sary for the protecti<;m of Ame1·ican_labor a~ainst the J_:>O~er of c~m ity, which the Senator from Vermont [Mr. EDMU .~·•·ns] eem to con petition. I do not w1 h to be comm1tted to tne economw 1deas which sider as the determining point of moral and right conduct, the pirit are urged in support of the bill and which, in my judgment, will of Eno-lish liberty formed by resistance t o established authority prove to be entire fallacies. The laws which regulate the comfort through all the long period of barbarism which followed the decline and well-being of the laborer ought to be the primary subject of con and fall of the Roman Empire, developed it elf into a principle which sideration with every statesman, but how his condition is to be bet had its origin in the condemnatory judgment of the lawyers and tered by extravagant ·prices in the articles of subsistence, how fam statesmen of Rome when the Roman Emperor cau ed his laws to be ine prices depencleut upon scarcity are to benefit the ln.borer, the writ ten in so fine a text that they coulcl not be ea ily read aml su - poor wife and the poor child, or how an abundance and a cheap m:u pendecl them at a height from which they were inaccessible to the ket of the necessaries of life are to injure him, are questions which people. That principle was intended to preYent and prohibit pun have not been answered in this discussion, and I think perbn.ps it ishment for crime except where the crime wa defined and within m.'l.y be difficult to answer them. the power of the subject of tbe'l..'l.w to ascertain aurl become ad vised Neither am I willing to be committ~d to the proposition that the of. It became a principle in English juri prudence and in the law virtue of our civilization, the religion of our civilization, can be of all civilized peoples "*ihat no law for the puni hment of crime ovm·come or even affected by any importation hither of Chine e. I should allow the act to be punished to re t in the bo om of the judg-e believe as firmly as any in the superiority of the Caucasian race ancl alonl', when the person accused of a guilty violation of the law couhl that civilization which has come from it; and I believe so firmly in have no knowledge of the unlawfulnes of the act for which ho was it that I believe all the Chinese in the world could not afl:'ect it or to be condemned, but, on the contrary, that it should be defineu, even corrupt it in the slightest degree. What political considera it .should be made clear, and it was only in the case of trea on or tions might be necessary in order to re~ulate the status of such a offenses a~ainst the stateio:ffenses relating to resi tance to the divine people ainong us are in reason an entirely different ground for dis right of kings, to a denia of established authority, that a criminal cus ion and consideration. Therefore, sir, I am not willing, in sup case was allowed to exist in intention alone, and to be the subject of porting this bill to the fullest extent to which the people of the arbitrary definition or interpretation by the judge. Pacific coast may desire it, to be committed to the proposition that In the Constitution of th.e United States this cia of offenses is r - the admission of any class of people into this country as laborers quired to be proved by overt acts and by the te timony of witne e , will of itself affect injuriously American labor, either degrade it or and the precept of the law itself was requirecl to be plain and clear, cheapen the price of Jabor. I do not believe as a principle of polit in the words of that article of the Constitution which prohibits the ical economy, of industrial economy, that the proposition is a cor deprivaloflife, liberty, andpropertywithoutproce soflaw, which by l'ect one. long-established judicial interpretations bad the definite and pr cise It is demonstrable that where a man bas lancl to work skilled meaning of '' an impartial" trial, in which the ace used, in the words labor, useful labor increasin~ the production of that land can do no of the Constitution, should be informed of the nature and cause of the harm to anybody; and even if it.reduces the prices of the staples, of accusation. . the productions which are grown upon it, that only contributes to Departing from that rule and following the evil example of the the general wealth and to the individual wealth, and especially to statutes passed after civil war ancl for the accomplishment of parti- the class of people who are most to be benefited, the laboring class~ an ends, a law is now proposed to be passed providing-and I allude who e wages are always scant and less than they ought to be, anct. to it because I wish to set myself in oppo ition to all legi ·lation to whom the cheapness of the articles of subsistence is a matter of which would make acts criminal and not prescribe with defurite cer primary importance. But while this is true, the personal character tainty the act which is sought to be made a crime- istics of the Chinese laborers, the personal and social characteristics That any person who shall knowingly aid or abet the bringing into the United of the Chinese who are brought here, are certainly very revolting, States by land, or aid or abet the landing in the United States from any vessel of and are such as would naturally predispose, and properly predispo e, any Chinese person not lawfully entitled to enter the United States, &c. . any community against their admission in any number among them. No person can say what constitutes the act of" aiding and abet But, Mr. President, in the course of this debate allusion bas been ting." The judge alone must prescribe that. 'The judge alone must made to some similarity of circumstances supposed to exist between say when the man is upon trial, from the indictment that charge the the people of the Southern States and their relations to the African act as criminal, whether that be an act aiding and abetting. It is. in the past, and some supposed evil moral influences resulting from within the objection of the class of legi l11tion which ha-s been con that. No ar!miDents can be drawn from the relationship and the ex demned, and which is of the very spirit and essence of ho tility t() perience of the people of the Southern States with the African race. that civil liberty which culminated in a principle adopted for the 1f the contact of the Mongolian with the civilization of this country, protection of the people against arbitrary power, that there should with Caucasian civilization, would have such beneficent effects as be no crime that was not plainly expressed and defined, none which the contact of the Caucasian and the African race in the Southern rested in the bosom of the judge for its definition, but of this nature States has had, it would be a most beneficent and happy influence. was all that class of offenses which were created after the war for th& In no country in the world was there ever developed a higher class punishment of the white people of the Southern States, and for the of people than the Caucasian, or white people of the Southern States, purpose of establishing by harsh and severe laws, resting entirely in a. people ofhi~herindividual character, ofgreater integrity, of greater the interpretation of the judge, the political domination of the devotion to liberty and to learning, of greater humanity, than was African over the Caucasian race, and which are to ue found in the developed by the contact of those two races, the African and the Revised Statutes under the title of "Offenses against the elective Caucasian, in the South. So far as the African was concerned, franchise and civil rights." brought from Africa a barbarian, of a different color and race and of I will read some of these enactments in order that we may se the most opposite characteristics, he became a useful laborer, a mem whether they are justly ubject to the statement I have made and in ber of the social family, and the records of the existence of that in orderth11t we may compare them with this bill: stitution will exhibit as little of crime, as much of beneficence and If t.wo or more persons conspire for the purpose of impeding, hirulering, ob8tru.ct of personal kindness as the relations of any people throughout the int?, 01' defeating, in any mannor, the du.e course o.f jtt.Sti.cc in any State or Territory, history of mankind. wUh intent to deny to any citizen the equal protection o.f the laws, or to injure llim or "'While, therefore, the political complications which might ensue his property for lawfully enjo1·cing,1?1' attempting to enfo1·ce, the right of any per/ion, or class of persons, to the equal protection of tlte laws; from the migration of the Chinese here is a subject pertainly worthy If two o.r more persons in any State or Territory conspire, or go in disguisu on oftbe consideration of statesmen, and while, in my .iudgment, au the highway or on the premises of another for the purpose of depriving, either di absolutely determining consideration for the passage of this bill is the recay or indirectly, any person or class of persons of the equal protection of the latcs, or entire unanimity with which the people of the Pacific coast demand of equal privileges and immunities under the laws, or for 1he purpose of preventing or hindering the constituted authorities of any State or TerritonJ from giving 01' securi.n[J' this protection, it ought to be separated from these general con to aU persons within such State or Territory the eiJ!fUl protection of the laws. · siderations, it ought not to be placed upon the ground that there is an antagonism between the Asiatic civilization in China and the Why, sir, all these laws are a dis~race to the spirit of tho a·ge,. Caucasian civilization of ours which cannot be overcome and sub and an express. and palpable violat10n of the Constitution of the jected to the needs of our higher and stronger race. For one, I do United States and of all .indicia! procedure. There has not been a.. not give my assent to that proposition. learned statesman, lawyer, or philosopher li·om the days of Marcus Again, Mr. President, this bill, while I shall vote for it, contains Aurelius Antoninus to this time who has not condemned th.~ propo some features which characterize some of the legislation of this coun sition contained in these laws. I ask Senn.tors who defeml these try which I think ought to be condemned. A few years ago a great enactments to show 11 single respectable authority in a.U the a.ges in political disturbance existed in this country in which the most vio which we have any history of laws which justifies a law that letwes lent feelings were evoked on either side. The result of that great the definition and description of the o:ffen e in the bosom of the ~ivil commotion is to be found in various enactments which are still judge; and yet this statute-book is full of H. It is 11 practice in 1882. CONGRESSIONAL RECORD-SENATE. 3407" American legislation which is destructive of the Government and Government of the United States, or the Government of the United. the liberties of the people, and ought to be condemned by all de States against them, were right Was not that a comfort to all fenders of law and lovers of liberty-the practice of making public those who were fighting for that great, now lost, cause, as it is ca,lled opinion, the clamor of the moment, attain Hsends, whether they are Certainly it was a comfort, a great comfort ; and yet, I suppose, the those of party or passion, by subverting the fair ancl just adminis ,judge would have to decide, and he probably would decide, if he tration of justice and making the judge :1 perjured prostitute in the knew anything about law, that mere talk, mere opinion, did not exercise of the high duties of his great office, and not the fair and amount to anything. .A.nd yet the man who is accused must submit hone t administrator of the law. I p'rotest against it, sir, and I to the judge and to the jury who tries his ca e whether he comes. ask the learned Senator from Vermont to bring a solitary instance within the definition of having given comfort to the enemies of the in all his learning of a respectable statesman, lawyer, jurist, his United States. torian, in all the ages of the past, who has ,justified the principle of Now we come to the second section of that act which the fathers. the le!ri.slation contained in every one of those acts by which the pas ed, those great jurists, statesmen, scholars, philsophers, patriots, act th'at constitutes the crime is left undecided, unprescribed, un and taking all the rest of the vocabulary of my friend from Florida, defined; such that a judge may construe it at the moment, and that makes it still more difficult t-o require the poor culprit not only without any previous knowledge of the accused, to be a criminal act. to know about his own acts, but he must know all the law: ~fr. ED:M~UNDS. I did not know that I was the particular pro That if any person or persons having knowledge of the commission o{ any of" moter of the Chine e bill, and therefore I do not know that I am the treasons afor·esaid. called upon-- .A.nd he is bound to judge at his own peril ancl decide as a lawyer 1\fr. CALL. The honorable Senator has the reputation of being and a judge whet.her any of the things that he knows of fall within the author of these laws, against the· elective franchise and civil the construction of the statute- rights to which I referred as well as. the provisions of this bill to Shall conceal and not as soon as may be disclose and make known the same to the w11ich I referred. President of the U nit.ed States, or some one of the judges thereof, &c. 1\fr. EDMUNDS. If I am called upon to answer any defiance, cer He shall be sentenced to a sev{}re penalty. There it is. Now 'I do· tainly I am not in a fi~hting mood and I do not wish to answer any not mean to say that the people who formed thi Government and defiance; but if my distinguished friend from Florida really wishes pa sed this law in 1790 were statesmen or scholars or patriots; I only me to respond, I will. say that up in my re!ri.on of country we have been taught to suppose Mr. CALL. I do. The Senator can answer. that they were, and that when they were defining crimes against the Mr. ED~IUNDS. I understand my friend's point to be that the United States and providing for their punishment, they were obliged statutes to which he has referred do not define with precision the to u e language such as they were accustomed to, the English lan acts to be punished, and that it is left to the discretion, arbitrary as ~uage, and did the best they could, and having done that in describ , he call it, of the judge to find out precisely whether the act proved rng the offen e it must be left for the sake of liberty to the judge falls within the statute or not. I believe that is the point f and the jury to determine, when the facts were proved, whetherthe Mr. C.A.LL. That is the point as stated by the honorable Senator. man had committed that offense or not. I do not say they do not define with precision; I say they do not de So I do not think it does for my distinguished friend to say that fine at all. They use terms of such broad generality that they leave there is no human precedent among statesmen and patriots for gen it in the discretion of the judge to say that a man has committed a eral language in describing crimes. More mi chief has been done crime without his knowing that he was committing it. everywhero in civilized countries by undertaking to make over Mr. ED1IUNDS. Very well, we will take it that way. I do not definitions in laws about crimes than there is in using general lan say whether that is a good point or not, because definitions are ex guage. tremely difficult things, and when you undertake to make a defini Mr. CALL. 'Veil, Ur. President, the honorable Senator from Ver tion in a statute it is usually quite as difficult to define your defini mont cannot even find a precedent which contains such language as tion as it is to define the original proposition. I have read, such as this: But my friend says that there is no parallel or precedent in history If two o-r mo-re persons conspire to injure, oppres , threaten, or intimidate any and so on in all the ao-es; I believe that was the phrase. citizen in the free exercise or enjoyment of any right or prinlege secured to him Mr. CALL. I beg the Senator's pardon. I did not say there was by the Constitution or laws of the United States, or because of his having so exer no precedent. I said there was no precedent of a distinguished law Cised the same ; or if two or more persons go in d.is_guise on the highway, or on the premises of another, with intent to prevent or bmder his free exercise or en yer, statesman, jurist, or judgfl, who had ever justified such a thing. joyment of any right or privile ])rofession and the country and the world, for the fame of the Sena entitled to admission to the Unit-ed Stat-es under the terms of the treaty. The shoe merchants and cigar merchants of China. manufacture the ~oods they sell at their -tor ~rom Vermont is not circumscribed bythe limits of this country, places of business, and t~ shQ.t ont the "skilled labor" they need would practi attrtbute to him the authorship of these laws which are found in the cally shu~ the~ out as well. since it would prevent them from carrying on their Revised Statutes under the head of "crimes against the elective busmess m this country. The laundryman who keeps his shop and has a small franchise and the civil rights of citizens." I find in one of the sec capital with which to J?rosecute his trade cannot in any just sense be included in tions a provision which I think is a little at variance with this bill, the class of ''laborers, 'and the merchant tailor comes in the same category. which it is understood comes from the bands of the Senator from Ver This explains the understanding of the Chine e minister in relation mont, and is now before the Senate, the bill "to execute certain to the use of the term "laborer~" in the bill and in the treaty. He says treaty stipulations relating to Chinese." that all those who labor as shoemakers, or cigar-makers, o:r washer Every person who, under <'olor of any law, statute, ordinance, regulation, or men, or as tailors, are skilled laborers, and therefore not comprised ·cnstom, subjects, or canses to be subjected- within the term laborers as used in the t~eaty. Now, I submit that ! will leave out the intermediate lines so as to show the con- if the cigarmaker, the shoemaker, the wa.sherman, the tailor, are .text---- skilled laborers and not within the meaning of the treaty and the )fr. EDMUNDS. What is the section T law, then the carpenter, the blacksmith, the paittter, the printer, Mr. CALL. Section 5510. the carriage-driver, the cook, the household servant, the mechanic, "]ivery person who, under color of any law, statute, ordinance, any one who has learned any trade, however imperfectly, are equally regulation, or custom, subjects, or causes to be subjected," any alien skilled laborers, and also within the exemption of the treaty. You -or "any inhabitant" being an alien, ''by reason of his color or race might go further and say that the man who lays the ties upon the rail to different punishments, pains, or penalties on account of such in road and adjusts the tracks that go to the Pacific coast are skilled habitant being an alien, or by reason of his color or race, than are laborers also. .prescribed for the punishment of citizens, ehall be punished by a fine Mr. EDMUNDS. Will my friend allow me to ask him a question¥ of not more than $1,000, or by imprisonment not more than one year, :h!r. PENDLETON. Yes, sir. .or by both." Mr. EDMUNDS. I can almost assume what the answer will be. My The learned Senator has a very happy way of making everything question is whether he does not desire on this occasion to observe go9d clear, particularly how infamous it is always to oppose established faith toward the Government of China and not go beyond by this leg ..authority, but I would like to have him tell me how that provision islation what the treaty has provided f .agrees with this section of his proposed statute : Mr. PENDLETON. I do sincerely desire that . And any Chinese person found unlawfully within the United Stat-es shall be 1\Ir. EDMUNDS. Most clearly, then, may I not ask my friend, .<:aused to be rerMved therefrom to the countr:1 from whence he came, by directi<>n of that being so, whether ifthif:! law contains the very language oftna tke President of the United States. treaty, you have not certainly got all that the treaty provides for, be Now, I should like him to tell me if he can take a citizen of the it much or little, to be determined in each particular case as it arises f lJnited States and by direction of the President of the United States Mr. PENDLETON. It is very apparent that an interpretation has remove him to the country from which he came Y He will not say been put upon the word "Laborers" by. the minister of the Chinese that he can. Here is a statute making it a crime and specially ap Government which is entirely different from that put upon it by the plicable to that people who inhabit tho Southern States to do either peoplE> of this country generally and by the gentlemen in the Senate directly or indirectly that which the Senator to-day proposes tore who are in favor of this bill. It appears in such authoritative form quire by law to be done to the Chinese alien inhabitants of States that the President has thought it important to send the paper here as a.nd Territories; that is to deprive them without crime of their lib part of his veto message. That bein~ the case, that interpretation of erty, extradite them to their country, and prescribes for them, in the the treaty by the highest official which the Chinese Empire has here language of his law, "on account of such inhabitant being an alien among us being so formally laid IJefore the Senate in such authorita -or IJy reason of his color and race different punishments than are pre tive form, I think it becomes our duty not to assent to that interpre scribed for citizens." ta.tion; not by silence to give our consent to it; but by a declaration In 1871 the honorable Senator, to the end that the white Caucasian of the highest legislative body in the country to indicate that such is race of the Southern States, as a penalty for resistance to the Union, not our understanding· of the meaning of the treaty. I think that might be subjected to the p@litical domination ofthe African, whether frankness, fair and open legislation require tkat we should say, and 'Ilative or foreign born, or of any other raoe.who might go to these and say in this authoritative form, that the interpretation of the Stat-es,. enacts a law that if any person, under color of any statute, Chinese authorities communicated to us by the Pre ident is not the regulation, ordnance, or custom, sheuld subject, or cause to be sub interpretation in which we eoncur. jected, any alien inhabitant of any State or Territory, by rea.son of Mr. EDMUNDS. llay I ask my friend to tell me again-for I have his color or race, to different punishments, pains, or penalties than not understood his answer perfectly-\'7 hether he does not think that are preocribed for the punishment of citiz-ens, he shall be iined if we use in the law the very words of the treaty, the law IJy a just $1,000 and imprisoned not more than one year, or both. Now, to the and upright court will be construed to have all the value and the ·end that the Caucasian hrthe Pacific may be the dominant power, scf>pe that the words in the treaty can possibly have 'f That is what the St3nator himself proposes to punish the alien inhabitants of the I should like to understand my friend's view about, because I respect Territmy'or State by different pains and penalties because of his race his opinion. and color. • Mr. PENDLETON. It is perfectly plain that if we follow in the I make this criticism upon this legislation not because I do not law the language of the treaty we get all that under the treaty we con?ur, for I do most heartily, in the purpose of protecting the in ought to have ; but it is also perfectly plain that an interpretation halntants of the Pacific coast or of any other State requirin(J' suoh authoritative on one side bas been put upon this treaty here in our protection from the migraticm or importation thither of any class of own capital, in our own midst, ~nt to us under circumstances of a ' persons from Asia or anywhere else who are essentially hostile to good deal of form entirely different from that which the vast major ·those people, their interests, their sympathies, their religion, their ity of our people and of this Congress believe to be true, and tbare ·social polity. If as a whole or with great unanilnity they demand fore I am in favor of stating in the language of the law our dissent that their community shall not be invaded by that class of people, from that interpretation, and not remitting it without our dissent to they have the right to do it. But I wish that this habit and dispo the courts of the country. sition of American legislation which seeks to make use of the courts, Mr. EDMUNDS. Very good, Mr. President. -of the temple of justice, of the judicial character, to prostitute the Mr. PENDLETON. I will excl11de the conclusion that we concur judge and make him a perjured man, to use the powers of legislation in that interpretation. for political and party ends, may be rebuked. T.he exercise of the Mr. EDMUNDS. Very good, :hfr. President. Ina much as that law-makin~ power should be governed by considerations of the public interpretation is lib extra and not a part of the text of our treaty, and general welfare; the strifes of party should not be known in the our contrary interpretation, also ab extra, in our debates and comdd laws of the country and judgments of the courts; both should be eratious, and not of the text of the treaty, or the law, leaves the two pur~ed and cleansed from these impurities and corruptions. things exactly where they are. That is to say, the Chinese think I hope that the spirit of American legislation will be one of direct the treaty means one thing, I will assume; we say it means another. purpose, of direct enactment, and instead of affirming in regard to We put the law in the very lcmguage of the treaty. Then it comes t~ese C.hinese t.ha~ here is a bill to execute certain treaty stipula before our own tribunals, not theirs, because all there is in this law tiOns wtth the Chmese, I should prefer the more manly and direct is to have effect in this country of course, to be carried out in thiEJ form of declaring the coming of the Chinese here to be an intolera country. Our own tribunals are to say what this treaty and this law ble evil; not to endanger the goocl order of certain localities but to mean. On the other hand if we by a definition in the la.w take up a be an intolerable evil to the social system, and the political and eco doctrine that our own tribunals hold is not w.ithin the tr-eaty, the nomical system of the people of California and of the Pacific coast, law nevertheless stands valid, but we have not kept faith with the :aa they nuderRtand it, and directly to affirm a prohibition. Government of China. There is the difficulty. I do not think a court Mr. PENDLETON. Mr. President, I think the insertion of the could be in the least influenced by the Chinese interpretation. word "skilled" in this bill as applied to "laborers" is essential to 3 · My friend will pardon me for taking so long in interrupting him. fair and frank a:ad open exposition of the intentions of those who I do not think any court could l>y any possibility be influenced in are in favor ef its passage. In the papers communicated to us by its just decision by any interpretation that the Chine e Government the President there is the memorandum of the Chinese minister, in put upon this treaty or any construction of it, when, in our own de these words: bates, as my friend is now so well doing, we, following the language The inclusion of " skilled labor" in the bill is in addition to the words and intent of the treaty, not the law, say that we do not admit of that inter -elf the treaty. It will operate with harshness upon a class of Chinese merchants pretation of the treaty; we hold that those words do not mean that 1882. CONGRESSIONAL RECORD-SENATE. 3409 thing; but it must. be left-unle s we m·e to a sume that we will co-onlinate branch ofrusGovernment to another is not calculated to -overrule the treaty if it turns out to go too far-it must be left to promote the harmonious co-operation which is essential to the good ()Ur own tribunal to determine what it means. administration of the Government. Then, if my friend will pardon me, last of all I wish to a~k him, The Senator from .1\Iissouri [Mr. VEST] ye terday declared-and and I shall have done and thank him for his kindness-- the suggestive truthfulness of the statement was enhanced by the Mr. PENDLETON. It does not interrupt me disagreeably at all. ma.l>lletic intensity of his utterance-that in the concentric circles It is a pleasure to hear the Senator. which lie around the human heart is to befound the true foundation Mr. EDMUNDS. How much good do we get by using the worcl of governments and states. He might have gone further; he might " killed laborers" or" artisans," or any other term of that kind f Is have aid that there, and there alone, is to be found tlie foundatiOn not that just as difficult of definition as the other, and more diffi of society which underlies states and governments. The figure which cult, possibly 'f Is it not safer for our own interests in the protec ?-e made ~e of sugge~ts the neces_sity: of guardin~, pr~tecting, purify tion that our friends on the Paciiio coast feel so largely the impor mg, exaltmg, elevatmg the asprrations and w1demng the scope of" tance of, to leave those words untouched for application to every this human heart, which is the center and the source and the fountain pha e of circumstances that may arise and with the courts untram out of which flow all the powers which not only maintain government ~ meled by a statute tha:t binds them although they might say tho and society, but give to it the aspiration and the propulsiOn of ever treaty ~ave them a larger liberty than the statute itself did f advancing, ever-exalting civilization. I recognize that mysterious Mr . .t'ENDLETON. :Mr: President, I can only repeat what I have and almost mystic tie which binds together the nations and the already said in answer to the Senator from Vermont, that inasmuch races of the earth. "I am a man, and therefore nothing human ig ~s the President of the Unitecl States has communicated to Congress entirely alien to me." I believe in "the brotherhood of man." The ~ one of the supports of the >eto message this interpretation of the very }'lOints of repulsion between nations and races are points of con treaty, by the highest authority of China in this land, an interpreta tact. The e nations ancl races are cattered over all the world. tion which I venture to. ay is contrary to that given to it by ninc Under every condition of climate, of habit, of tradition, of history, of -reen-twentieths of the people of the United States, and evidently association, of institutions, they are working out their several func -contrary to the interpretation given to it by two-thirds at least of tions in the advancement of their civilizations. Some of the.m are the members of Congres, it is our duty in the interest of open and drinking to the dregs waters that are foul with all the vices and the frank legislation to put also our interpretation upon the words of crimes which the taste and. the passions and the utterly depraved the treaty. imagination of the human heart can invent; others are reapin~ the I go further. I say that good faith toward the officers of this Gov reward of attempts, however imperfect, to attain to that di\ine {lrnment whom we charge with the difficult and delicate duty prc- humanitywhosehighest expression, in the words ofthe Master, was cribed by this act; g·ood faith to the Chinamen who may come to "Bear ye one another's burdens." They are all men, they are all this country believing that they are within the exceptions of the human beings; I believe they are all working out, in one form and law and as to whom we intend to apply the strong measure of de another, their progre s and advancement and improvement. I would portation; good faith to both thee classes requires that we should do nothing here or elsewhere, as an individual, as a legislator, as a 1)eak "-·ith no uncertain voice and that we should put into this patriot, as a cosmopolitan which I believed would not aid them in law the interpret:ttion of the treaty which we believe that it can this effort. fairly hear. .A.ml I have the less difficulty jn cominl> to this conclu- But, sir, we must remember that contact, association, immigration ion because I find here in the treaty it elf a provl.Sion looking to are not the only means of aiding them. We must remember that you tJ1e fact that the legislation of Congre s may seem to the authorities cannot touch pitch and remain undefiled; we must remember that {)f China hard, nnjust, inconsistent with the treaty, and stipulating you cannot plant \irtne in the midst of surrounding and overwhelming that the legislation shall be communicated to the imperial authori vice and expect it to be uncontaminated; we must remember that tie. of China by the Secretary of State in order that representations you cannot plant the best virtues of the human heart in the foul pollu may be made by tbe Chinese minister to the officials of the United tions of crime and vice and expect them to increa e and grow. 1\Ir. •tates and a conference may be had to the end "that mutual and un President, you cannot put the spot upon the camelia and expect it to qualified benefit may re ult." 1·etain its unsullied purity and whiteness. The spot will not grow Therefore it is that I would put into this law our interpretation of white, but the camellia will be discolored and decay. In our practical the treaty, and if in the opinion of the Chine e authorities such legis life we do not take the pure virgins who are to be the mothers of lation hall seem totransgre the limits of the treaty in any respect, the next generation and plant them in the haunts of vice in order to I'epresentations may be made to us, which I am sure that the execu reclaim the vicious. 'Ve do not take the young men who will come tive department in it diplomatic capacity, and the legislative de to be the guardians of our civilization almost lJefore we are able to partment will re pectfully heed. realize the fact and a-ssociate them with the corrupt and licentious 1\Ir. President, I do not like the feature of deportation contained and depraved in order to win them from their evil ways. We cannot in this bill. It does not meet the hearty assent of my judgment. bring in upon our civilization on the Pacific coast the hordes of I yield my objection very reluctantly to the opinions and wishes of Chinese devoted to everything which is repugnant to our religion, to my friends who have charge of the bill. our morals, to our habits, to our civilization, and expect it to increase The distinguished Senator from New York [Mr. LAPliAl\I] yester- in purity and power there. . 1Iay came, it seemed to me, with a sood deal of speed to the defense Mr. President, there are experiences which every individual and of the P1·esident in regard to what he was pleased to call an insinu nation and race must make, relying on its own strength and at its .ation of criticism, because the PretSident had introduced into his veto own peril. Through the dark valleys of life and of death they must me sage the niemorand urn of the Chinese minister. I think the Senator go alone. Look around you. The African race through the wrongs himself gave a very appropriate answer to any such criticism, if indeed and sufferings and agonies of .American slavery has reached to-day it was made, as I did not observe. I think he illustrated a statement its highest aclvancement. At the very moment that it has developed I have somewhere seen of fleeing when no man pursueth, and of an this result of its pains and its sufferings, Stanley is exploring the uneasy conscience needing no accuser. But there is a passa~e in the interior of the Dark Continent, certainly to show the contrast, pos veto message to which I think exception may be fairly taken, and sibly to invite them to a congenial home upon their ancestral conti which I intend to read to the Senate. The President in his veto nent. The Japanese Empire rousing it elf into a new life is advanc mes age, in discussing this que tion of reasonable suspension of ing rapidly in the best direction, not by deporting its people, riot Chinese immigration, says : by sencling them off to other climes, but by making that beautiful I regard this provision of the :wt as a breach of our national faith; and being empire a fit abode for higher and btJtter civilization and inviting im- unable to bring myself in harmony with the views of Congre on this vital point, migration to its shore . · the honor of the country constrains me to return the ad with this objection to its It may be, sir, that tllis very bill we are pa ing to-day will awaken p assage. · the authorities of the Chinese Empire to such an appreciation of the The honor of the country I Here are two huridred and fifty out of fact that their hordes are down in the very depths of a most de three hundred members of Congress who have declared upon their graded corruption-will so startle them with the conviction that we, oaths and with as high sense of what the honor of the country re their best frienlls and neighbors, can not endure the contact-that quires as the President can possibly have that this act is proper and they will bring all the resources of government and in titutions of 1·ight. The Presjdent of the United States says to these members of education and example, to lift up their 1)eople until they shall be Congress who have voted for the bill, men who represent the people al o fitted to join in the advancement of the race . and the States, men who are bound by the same oath that be is, ''You I said that the nations and the races were all working out; each have forgotten the interests of the country, you have tarnished its in its appropriate sphere, in different ways, in different conditions, fair fame, you have violated its plighted faith; I cannot agree with Ullder different circumstances, its own advancement. Everywhere, you; I, for the honor of the country, return this bill to you with my as far a-s niy eye can reach throughout the domain of the world I see veto!" progre s. It may be, it gives me pl~ure to think, that they are Sir, if I cho e to inclulge in 1·ecrimination I might well ask who preparing themselves for the time when -the common Father shaH made him to sit in judgment upon the acts ofmembers and to declare meet the prodigal son returning from his evil ways and his destitute that the honor of the country requires that their action shall be con condition, and shall welcome him to his ance tralhome, while at the demned. But I do not I 1·emember the injunction: "Thou shalt same time he soothes the sutSceptibility of tho o1der and the better not speak evil of the rulers of thy people." I content myself with son by saying to him, "It was meet that we should rejoice when the saying that the deduction from the argument made by the President dead is alive again and the lost is found." llimself, contained in this message and the accompanying papers, is It may be that these nations and races now are members of one ent irely incorrect. I say, further, that such language used by one body, each performing its function , some of honor and some of dis- XIII--:?14 3410 CONGRESSIONAL RECORD-SENATE. APRIL 28,. "honor, and only preparing for that time when corruption shall be the President bad affixed his signature to it and it had become a h~w ~ raised in incorruption and dishonor shall be raised in glory. When We should pause in view of this expression on the part of the Chinese Attila, with his barbarous hosts, assaulted Rome, the senate asked, Government, and see whether we are not hasty in this our first legis 41 What shall we give as our ransom Y" '' Your gold and your jewels, lation with a view of carrying out the provisions of this treaty. your statues and your pictures, your costly furnitures and luxurious I turn to the language of the first article of the treaty, and I sub couches, and free your slaves." "What shall we have left T" said mit that its interpretation will not justify any such legislation as i the degenerate Romans. The proud, self-reliant, amazed barbarian contained in the section tproposed to be stricken out. "The limita replied, "I leave you your own souls." tion or suspension," says this article, "shall be reasonable and shall Alison has said ''that nations, like individuals, were not destined apply only to Chinese who may go to the United States as laborers,. for :i.mmortality; that in their virtues equally as in their vices, in other classes not being included in the limitation." They understand their grandem as in their weakness, they bear in their bosoms the by that that the term "skilled laborers" is not ·within tbe fair defi aeeds ·ofmortality; but that in the passions which elevate them to nition of the language of the treaty; and that being the understand greatness or hasten their decay there is to be found the unceasing ing of the Government of China, in the face of thiS to re-enact this. operation of those principles of corruption and resurrection which, provision would just as groEsly insult the •iews of China in this re applicable alike to communities as individuals, compensate the ne spect as for the President to have sanctioned the bill against which cessary decline of nations by the vital fire which gives undecaying this utterance was ma.de. Now, suppose the President had si!nled youth to the human race." Ay, sir, "undecaying youth to the hu the bill which was passed by the two Houses and the next day the man race ; " youth, ever hoping, aspiring, daring, doing. Its course Chinese minister had come to the Secretarv of State in pur uance of is ever upward and onward; upward and onward astheeaglewhen, the fourth article of the treaty and said, ''Yon have passed a law soaring on unwearied wing, he looks with unblenched eye into the which is a direct violation of the understanding of my govocnment trnn; upward and onward as the aspiration of the human soul when in regard to this treaty, and I demand that it shall have immediate it seeks perfection in the Christian's heaven ! And in these efforts modification," where would be our relief? Either Congress must pf all races, of all nations, of all conditions of men we must remem recede and amend the law or the two nations must at once be at ber, as bas been said, that "no truth is ever lost, no truth ever per variance with each other. For us to re-enact tne provision which ishes from the earth. The flame is undying thongh generations dis the Chinese minister regards so at variance with the whole policy of appear. Whenever a moral truth has started into life humanity this treaty would only tend, instead of rendering this arrangement cliims and ~nards the bequeRt, and each generation, gathering to a beneficial one for tbe two governments, to produce an alienation gether the llllperisbable sons of the past, increases them with the between us and the Chinese Government and to deprive us of all tlt.e sons of light, radiant with a like immortality." benefits which ha\e resulted from our 1·elations under J:be treaty Sir, I believe thorourrhly in this advancement of our race; I be which was first framed. lieve, in the sense in whlch I have spoken, in its kinship· I believe in !.-Ir. President, I have looked over the treaty promulgated in Oc the possibility of its development; and I belie\e through its efforts, tober last, and I confess its reading has forced upon roy mind the through its ambitions, through its aspirations, through its strug fear th21>t there existed in the minds ofthepersons who negotiated it gles, that the world will finally be brou~ht to a condition such as we an idea that by its operation advantages might be gained over China may believe the divine Maker, with divine bene-volence, intended · which China did not contemplate. Sir, I remember that the se that it should be. But, sir, if it is to be so, this undying race, strong verest criticism we have ever pronounced upon the Government of in perennial youth, will see men and nations and generations and Great Britain have been criticisms upon its policy of exercising the ..ages failing in the effort, wearied, exhausted. It will mount higher arts of diplomacy to gain treaties from the weaker powers of the and still higher; it will pass beyond the utmost reach of each ad earth, and then enforcing them at the point of the bayonet. I see vancing generation- how sensitive the public mind is at this moment at the mere sug Still from the sky serene and far gestion that there wa,CJ recently a purpose to interfere with the re A voice falls like a falling sta.r, publics of South America in our transactions. Shall we in this man Excelsior! ner, against the protest of the Chinese minister, at once enter upon Mr. President, let us, our American nation, our American civilim:t a line of policy which may subject our Government to the imputa tion, lead in the van of that effort, and let us do it by purifying, pre tion ofbavingdesigned or been guilty of the same purpose\' I trust serving, maintaining, consecrating the virtnes whick we have thus not. I trust, on the contrary, we shall enter into this legislation in far attained, let us not endanger them by association with vice and the spirit in which the treaty was formed; in the spirit embodied in corruption, which can only contaminate and destroy. the fourth article of the treaty; that we will not fi·ame laws which Mr. LAPHAM. Mr. President, I briefly called attention yesterday we know are at variance with the wishes, feelings, and views of China. to the fourth article of the treaty in pursuanoo of which we are now in respect to this question. We had better begin in another mode attempting to frame legislation. We have had two treaties with the which will lead to the continuance of amicable relations between us Empire of China. Under the operation of the first, which is commonly and them. known as the Bnrlingame treaty, a constant acc-eleration and in I do not desire to prolong this discussion, but I intend, before the crease in the importance of our intercourse with Chinese has been final vote is taken upon this bill, in pursuance of the fourth article the result. There never has been any disturbance whatever of our of the treaty, to ofrer, by way of amendment to the bill, a provision relations with the empire under that treaty. We are now attempt which I now send to the Secretary for the purpose of having it read ing by legislation to carry out the provisions of the second treaty, for information, which, it seems to me, is the only one that can pro which was promulgated in October ·last, the sole object of which long our amicable relations with the Chinese Government. vas to enable us to regulate then~~Hfation from China to this The Acting Secretary read as follows: wuntry; noi to destroy it, not to a · · ate it, bnt to regulate it. SEC. -. The provisions of this act shall be open and subject to modification from 'l'he two Houses of Congress passed a bill upon the subject, which time to time as may be found necessary and as may be assented to by the rep-re was sent to the President of the United States, and tlie President in sentatives of the two go>ernments as provided in the fourth article of the treaty Mme mode, I know not precisely how, obtained tlie opinion of the proclaimed on the 5th day of October, 1881. Chinese minister resident here as to the views his uovernment would Mr. LAPHAM. In this way, and in this way only, in view of what entertain with respect tothe provisions of that bill The objections we have here from the Chinese minister, can we hope to maintain he made to itwereverypointedindeed. What he said with reference friendly relations and hope for a continuance of our profitable com to embracing in our law the term "skilled laborer" as one of the merce with the great Empire of China. The moment we shut down definitions of labor has been read by the honorable Senator from the door and preclude ourselves from the power to make changes, Ohio, [M~·. PE IDLRTO~,] and every gentleman on this floor will say that moment our relations with them are gone. that it is a radical objection to the provisions of the bill so far as it Mr. ANTHONY. I move that the Senate proceed to the considera attempts to define what is meant by the te1m "laborer." But this tion of executive business. is not all which the memorandum says by way of instruction to us. Mr. MILLER, of California. I hope we shall take a vote on this '1'he fourth clause of the memorandum is in these words: bill. lf the bill becomes a. law, it will leave the impression in China that its govern The PRESIDENT pro tempore. The Senator from Rhode Island ment strangely misunderstood the character of the treaty, or that the Con~ess moves that the Senate proceed to the consideration of exQcutive· has violated some of its proYisions, and thls will tend to pr~iudice the intelligent business. classes against the United States Government and people, wliom they now greatly The motion was not agreed to. ad.mire and respect. The PRESIDENT pro tempo-re. The question is on concurring with I understand the honorable Senator from Ohio to say that because the Committee of the Whole in striking from the bill the fifteenth. ••f this he finds an additional reason for incorporatin? in the bill this section. definition as to what is meant by the term "laborer;' in other words Mr. EDMUNDS called for the yeas and nays, and they were or he proposes that we shall by this act of Congress defy the interpre dered. tation put upon that term in the treaty by the Chinese Government The PRESIDENT pro tempore. The section will be read for in and its authorities. Is that to work harmony between us and China formation. as nations t Is that to work out the beneficial ends which were The Acting Secretary read the fifteenth section, as follows : designed by this treaty and which are foreshadowed in the fourth SEc. 15. That the words '' Chinese laborers," wherever used in this act, shall be article of the treaty, to which I called attention yesterday t On the construed to mean both skilled and unskilled laborers and Chinoae employed in contmry, it would be just as effectual by way of disrupting our rela mining. . tions as would the signing of the first bill by the President in the The PRESIDENT pro tentpore. The vote is to concur with the face of this memorandum or protest, whatever it may be called, if action of the CoDilllit.tee of the Whole striking out this section. 1882. CONGRESSIONAL RECORD-SENATE. 3411 The Principal Legislative Clerk proceeded to call the roll. The yeas and nays were ordered, and the Principal Legislative Mr. .ANTHONY, (when his name was called.) On this question I Clerk proceeded to call the roll. am paired with the Senator from Delaware, [Mr. BAYARD.] Mr. ANTHONY, (when his name was called.) I am pai.I;ed on this Mr. FARLEY, (when Mr. BAYARD'S name wa.a called.) The Sena question with the Senator from Delaware, [Mr. BAYARD.] tor from Delaware [Mr. BAYARD] has informed me in writing that he Mr. CONGER, (when Mr. FERRY's name was called.) My col desires it to be understood that ifhe was here he would vote against league [~lr. FERRY] is paired with the Senator from Delaware, [Mr; the amendment reported by the committee, and is paired with the SAULSBURY.] If be were here, my colleague would vote "yea." Senator from Rhode Island, [Mr. ANTHONY.] Mr. RANSOM, (when his name was called.) On this question I Mr. HARRIS, (when Mr. JACKSON's name was called.) I desire am paired with the Senator from Illinois, [1r1r. LOGAN.] If he were to say that my colleague [Mr. JACKSO~] is absent and is paired with here, I should vote "nay." the Senator from Iowa, [Mr. McDILL.] My colleague, if here, would Mr. ROLLINS, (when his name was called.) On this question I vote "nay."· am paired with the Senator from Florida, [Mr. JoNES.] If he were Mr. GEORGE, (when Mr. LAMAR's name was called.) My col here, I should vote "yea." - league [Mr. LAMAR] is detained from the Senate by sickness in his 1r1r. WINDO)f (when his name was called.) But for my pair with family. · On this question he is paired with the Senator from Lou the Senator from West Virginia, [Mr. DAVIS,] I should vote uyea." isiana, [Mr. KELLOGG.l If here, my colleague would vote "nay." The roll-call was concluded. lfr. JONAS, (when Mr. McPHERSON'snrunewascalled.) The Sen Mr. SAULSBURY. I am paired with the Senat,or from Michigan, ator from New Jersey [.Mr. McPHERSON] on this question is paired [Mr. FERRY.] I would vote " nay," if be were present. with his colleague, [Mr. SEWELL.] If Mr. McPHE.Rso~ were present The result was announced-yeas 17, nays 25; as follows: he would vote ''nay." YK.A..S-17. Mr. HARRISON. In that connection it oug'h.t to be stated in ref Allison, Edmunds, LaliJ;'ll!.'n Saunders, erence to the Senator from New Jersey [:Mr. SEWELL] that he would Frye M · Blair, 1 Van WyclL vote "yea" if present and not paired. Con~er, Harrison, Miller of N. Y., Mr. RANSOM, (whenhisnamewascalled.) On this qnestiongen DaVIs of lllinois, HawleY.J. Morrill, erally I am paired with the Senator from Illinois, [Mr. LOGAN.] I Dawes, Hill of ~.;olorado , Platt, do no~ know how he would vote on this particular branch of the case. N.A.YS-25. I should vote '' nay" if he were here. Beck, Farley, Jonas, Mr. ROLLINS, (w:):len his name was ailed.) I am paired with the Butler, Garland, Jones of Nevada, Call, George, Maxey, Senator from Florida, [Mr. Jo~""ES.] I should vote ''yea" if at lib Cameron of Wis., Grover, Yiller of Cal., ercy. Chilcott, HamJ?ton, .Morgan. Mr. CONGER, (when Mr. SAULSBURY's named wa.<~ called.) The Coke, Hams, Pendleton, Senator from Delaware [Mr. SAULSBURY] and my colleague [Mr. Fair, Johnston, Pugh, FERRY] are paired. My colleague, if present, would vote" yea." .ABSENT-34. Mr. FARLEY, (when Mr. SAWYER's name was called.) I am Aldrich, Gorman, Lamar, Saulsb1l!Y, authorized by the colleague of the Senator from Wisconsin [Mr. Anthony, Groome, Logan, Sawyer'\~ SAWYER] to declare that he is paired with the Senator from Indiana, Bayard, Hale, McDill, Sew~ [Mr. VOORHEES.] The Senator from Indiana, if here, would vote Brown, Hill of Gilorgia, McPherson, ~berma_p, Camden, Hoar, Mahon~1 "nay," and I undc,rstood the flenator from Wisconsin would vote Cameron of Pa., Ingalls · lfitcbeu v:~eea. 11 yea." Cockrell, J a.ckso~ Plumb, ' Windmri. !.lr. CAMERON, of Wisconsin. My colleague, [Mr. SAWYER,] if Davis ofW. Va., Jones ofFlorida, Ransom, present, would vote "yea." Ferry, Kellogg, Rollins, 1r1r.WINDOM, (when his name was called..) I am paired with the So the amendment was rejected. Senator from West Virginia, [Mr. DAVIS.] If he were present, I 1\fr. EDMUNDS. I move to amend section 14 by striking out all should vote "yea." after the word "that " and inserting; The roll-call was concluded. Nothing in this act shall be construed to change~ existing naturalizattbn laws Mr. JONAS. The Senator from Missouri [Mr. VEST] is paired with so a.s to admit Chinese persons to cituenship. the Senator from Kansas, [Mr. PLUMB.] Mr. ALDRICH. I am paired with the Senator from Maryland, Mr. President, as this section now stands in the bill, it is the first [lir. GoRMAN.] Ifthe Senator from Maryland were present he would time in the history of this nation that Congress has undertaken to Tote "nay" and I should vote "yea." make prohibitions against naturalization. The Constitution pro Mr. ALLISON. I do not know that it bas been announced tha..t the vides that Congress may make uniform rules of naturalization, so I ~ Senator from Georgia [Mr. BROWN] iA paired with the Senator from that no person can be admitted to citizenship without affirmative lfissouri [Mr. COCKRELL.] action by Congress. I do not wish for one to have Congress enact Mr. COCKRELL. I was paired with the Senator from Georgia, any statute which shall prohibit by affirmative declaration any per [Mr. BROWN .1 I was paired with him on the question of the passage son from becoming a citizen. He cannot become a citizen nntil of the former bill over the President's veto. This bill was not then Congress shall affirmatively provide that he may; and as thls section pending, but I presume it would be right for me to continue the now stands, it is absolutely unique, probably not only in the history pair. of this country but of every other, and so I move tltis change so aa Mr. FARLEY. I understand that the Senator from Pennsylvania to leave the law just as it is now in order to avoid what hereafter [Mr. MITCHELL] is paired with the Senator from West Virginia, [Mr. will be a very unhappy precedent, I am afraid, for a good many C.A.i\ID~.] If the Senator from West Virginia were here, he would people. vote "nay." Mr. BUTLER. May we have the section read as it stands in the The result wa.s announced-yeas 20, nays 25; as follows : bill and as it 'is proposed to be amended 'f The PRESIDENT p?'O tempore. Certainly. YE.A.&-20. The Acting Secretary read the amendment. Allison, Edmunds, Roar. Morrill, Mr. EDMUNDS. Now read the section proposed to be stricken out, :Blair, Frye Ingalls, Platt, 1 so that the Senators can see the difference. Con~er, Harrison, Saunders, DaVIs of illinois, Hawley LaJl!i~n,1d. · Sherman, The Acting Secretary read section 14 of the bill, as follows~ Dawes, Hill of Colorado, Miller of N. Y., VanWyck. SEC. 14. That hereafter no State oourt or court of the United States shall admit N.A.YS-25. Chinese to citizenship; and all laws in conftict with this act are hereby repealed. :Beck, Farley, Jonas, Slater, The PRESIDENT pro te~npore. The question is on the amendment :Butler, Garland, Jones of Nevada, Va.noe, I Call, George, Maxey, Walker, of the Sena.tor from Vermont. Cameron of Wis., Grover Miller of Cal., Williams. Mr. EDMUNDS. Let us have the yeas and nays. Chilcott, Hampton, MorJ?;an, The yeas and nays were ordered, and the Principal Legislative Coke, Hams. Pendleton, Clerk proceeded to call the roll. Fair, Jolwston, Pugh, Mr. WINDOM (when his name was called.) I am paired with the ABSENT-31. Senator from West Virginia, [Mr. DAVIS.] Aldrich, Ferry, Lamar, Rollins, The roll-call was concluded. Anthony, Gorman, Logan, Saulsbury, Bayard, Groome, McDill, Sawyer, Mr. ANTHONY. I am paired with the Senator from Delaware Brown, Hale, McPherson, Sewell, [Mr. BAYARD] on this question. Camden, Hill of Georgia, Mahone, Vest lfr. McDILL. I am paired on this question with the Senator from Cameron of Pa.. , Jackson, Mitchell, Voorhees, Tennessee, [Mr. JACKSON.] Cockrell, Jones of Florida, Plumb, Windom. Davis of W.Va., Kellogg, R,ansorn, Mr. KELLOGG. I am paired with the Senator from Mississippi,. [Mr. LAMAR.] If he were present, I should vote ''yea."' So the amendment was non-concurred in. The result was announced-yeas 16, nays 25; as follow!J: l!r. ED.MUNDS. I move to amend section 15 of the bill by striking out all the words after "that" and inserting: YE.AS-16. The words" Chinese laborers," wherever used in this act, shall be construed .Allison, Dawes, Harrison, Lapham, to meaB persons usually engaged in manual labor. Blair, Edmunds, Hawley Morrill, Con~er, Frye, Rill of Colorado, Platt, I ask for the yeas and nays on thl amendment. DaVIS of Tilinois, Rile, Ingalls, Saunders. 3412 CONGRESSIONAL RECORD-SENATE. APRIL 28, NAYS-25. [Mr. FERRY] is paired with the SenatorfromDelaware, [Mr. SAUL Beuk Garland, Jonas, . . Slater, BURY.] If my collea~Yue were present, he would vote" nay." Butl~r, George, Jones of Nevada, Vance, Call, Grover, Maxey, Walker, ~Ir. KELLOGG, (when his name was called.) I ~as paired with Chilcott., HamJ.>ton, Miller of Cal., Williams. the Senator from Mississippi, [Mr. LA1\IAR1 ] but that pair has been. Coke, Harns, M.o.rgan, transferred, with the consent of the Senator from Nebraska, [Mr. Fair Hoar, Pendleton, SAilli"DERS,] to the latter. If the Senator from Mi sissippi were pre - Farley, Johnston, Pugh, ent, he would vote "yea." I vote "nay." ABSENT-35. Mr. McDILL, (when his name was called.) I am paired with tJ1 e Aldrich, Ferry, McDill, Sanlsbury, Senator from Tennessee, [Mr. JACK ox.] If he were present, I honld A..nthony, Gorman, McMillan, Sawyer, vote "nay." · Bayard, Groome, McPherson, Sewell, Brown, Hill of Georgia. Mahone, Sherman, Jltlr. JONAS, (when 1\fr. McPHERSO~'s · name was called.) The Sen Camden, Jackson, Miller of N. Y., VanWyck, atorfrom New Jersey []l,!r, McPnERSON] is paired with his colleague, Cameron of ra., Jones of Florich1., Mitchell, Vest [1\lr. SEWELL.] If present, Mr. McPHERSO~ would vote "yea." Cameron of Wis., Kellogg, Plumb, Voorhee , 111r. HARRISON. It should also be stated that the Senator from Cockrell. Lamar, Ransom, Windom. Dans of West Va., Logan, Rollins, New Jersey [Mr. SEWELL] would vote "nay." 111r. RANSOM, (when his name.was called.) I am paired with tho So the amendment was rejected. Senator from illinois, [Mr. LOGAN.] I do not know· how he would Mr. INGALLS. I move to strike out, in the first line of section 10, vote on this bill in its present form, but if he were here, I should vote the word '' master" and insert the word " owner." "yea." Section lG declares that if the master of any vessel shall knowingly Mr. SAULSBURY, (when his name wa called.) I am paired with violate any of the provisions of this act the vessel shall be deemed the Senator from Michigan, [1\Ir. FERRY.] I under tand from hi forfeited to the United States. I would respectfully submit that in colleague that if he were here he woultl vot-e ''nay." I should vote asmu()h as the masters of vessels are subjected to severe penalties for "yea. ' any violation of the act, and inasmuch a provisions are made for re Mr. SA.Ui\TDERS, (when his name was called.) The pair has been turning to the country from which they came the Chinese laborer announced by the Senator from Louisiana [l\Ir. KELLOGG] as having who are brought here in violation of the act, it is cruel and unusual been changed between himself and the Senator from Mississippi [Mr. punishment to say that the innocent owner of a vessel that may bring LA.:\IAR] to myself and that Senator. If the Senat-or from 111issis ippi Chinese labo;rers to this country should suffer forfeiture for an act for were here, I should vote " yea." which he is not responsible. It seems to me it is carrying the penal Several SE~ATORS. So would he. ties of thts act too fur. 11Ir. 'VINDOU, (when his name was called.) I am paired with 1\Ir. EDMUNDS. The Senate having refused to leave out of this the Senator from West Virginia, [Mr. DA VI . ] I should vote ''nay," bill the fourteenth and fifteenth sections, I shall not be able to vote but for that. for it as otherwise !·should. The roll-call was concluded. As to the fourteenth section, this is the :first time in the history of Mr. HARRIS. If my colleague [Mr. JACKso~~ ] were here-he i this country and I think of any other that the governing legislative ausent and paired with the Senator from Iowa, [Mr. McDILL, ]-he power has undertaken to make an affirmative prohibition against would vote "yea" on this question. the admission to citizenship of any race. Mr. FARLEY. I wish to announce that the Senator from Florid<'!. The·fifteenth section to my mind is objectionable, not only because [~Ir. Jo~s] is paired with the Sena.tor from New Hampshire, [Mr. it does not follow the fair language of the treaty, be it much or little, RoLLL~s.] If the Senator from Florida were here, he woulcl vote to be determined by our own courts, but because it removes the ques "yea." tion into still greater doubt than it was before. There is nothing so Mr. SAUNDERS. In the transfer there seems to have been some incapable of definition as a definition itself; and, therefore, if I lived mistake. I intended to vote "yea" on the bill, and so announced in San Francisco and had all the feeliniY, wise or unwise, that our when I stated my pair. I do not under taud how the Senator on friends on the Pacific coast have about thls business, and wished to the other side would vote. exclude to the uttermost the Chinamen, I should stand by that broad, Mr. GEORGE. l\Iy colleague [1\Ir. L..UIAR] would vote "yea," if undefined lan(Tuage of the treaty and try each case upon it. he were here. The Senate has thought it :fit to keep both those sections in, and, Mr. SAUNDERS. Then I hacl bette1· vote. therefore,· I cannot vote for the bill; so that my interest in it has Mr. GEORGE. Certainly. departed; but it is right to say as to the motion of my friend from Mr. SAUNDERS. I vote ''yea." Kansas that this provision of forfeiture is exactly, I think, like that M.r. KELLOGG. Now I a k leave to withdraw my vote, and an as to mere smuggling of a package of silk on a l'rench steamship or nounce the pair between myself and the Senator from Mississippi, anything else-where the master knowingly allows smuggling to go [.Mr. ~AR . ] He would vote ''yea" and I ''nay," if he were here. on upon a vessel the owner forfeits it. So, then, the punis~ent, as The result wa announced-yeas 32, nays 15; as follow : it is called, is not probably cruel or unusual. I only mention that for the history of the law of the subject for the reason that the Sen YEA..S-32. ate has put the bill in a shape that I am unable to vote for it. Beck. Farley, J ohnst{)n, Pugh. Butler, Garland, Jonas, Saunder, ~Ir. INGALLS. The difference between the case of smuggling and Call, George, Jones ofX'e'fada, Slater, that mentioned in this bill is that in cases of smuggling the Secre Cameron of Wis., Grover, Maxey, Vance, tary of the Treasury, as I understand, has authority, if in his d!scre Chilcott, Hale, Miller of Cal., VanWyck, tion it is proper, to permit that portion of the penalty to be onntted, Coke, Hampton, Miller ofN. Y ., Vest, Davis of lllinois, Hams, Morgan, Walker, and as a matter of fact, I believe that there is not an instance where Fni.r, Hill of Colorado, Pendleton , Will:iam8. a v~ssel has been forfeited because it bore smuggled goods if it ap- peared that the owner knew nothing about it. · XAYS-15. The PRESIDENT p1·o tempore. The question is on the amendment .A.lli on, Edmunds, Hoar, Morrill, :Blair Frye, Ingalls, Platt, of the Senator from Kansas, [Mr. INGALLS.] Cong~r , Harrison, Lapham, Sherman. 'l'he amendment was rejected. Dawes, Hawley, McMillan, The PRESIDENT p1·o temp(}re. The Senator from New York [Mr. AB El\'"r-!!9. LAPHAM] proposed an amendment, which will be read. Aldrich, Ferry, Logan, Saulsbury, The AcTL....-G SECRETARY. It is proposed to add as an ·additional Anthony, Gorman, McDill, Sawyer, section: :Bayard, Groome, McPherson, Sewiill. Brown, Hill of Georgia, Mahone, Voorheea, SEc. -. The provision of this act shall be open and subject to modification from Camden, JMkson, Mitchell, Windom. time to time as may be found necessary, and as may be aasented to by the repro. Cameron of Pa., Jones of Florida, Plumb, sentatives of the two governments, as provided in the fourth article of the treaty Cockrell, Kellogg, Ransom, proclaimed on the 5th Ua.y of October, 1881. Davis of West Va., Lamar, Rollins, The PRESIDENT pro tempore. The question is on the amendment So the bill was passed. of the Senator from New York, [Mr. LAPHAM.] The amendment was rejected. COIDITTTEE SE.RVICE. The amendme ts were ordered to be engrossed and the bill to be The PRESIDENT pro tentpm·e appointed !t!r. VANCE1 Mr. PLA1T1 read a third time and Mr. McDILL the committee to investigate the administration of The bill was road the third time. affairs in the sixth collection district of North Carolina, under the The PRESIDENT pro tempore. Shall this bill pass f resolution of the 21st instant. Mr. FARLEY. I ask for the yeas and nays. The PRESIDENT pro tempore appointed Mr. MILLER, of New York. The yeas and nays were ordered, and the Principal Legislative a member of the Committee on Education and Labor, in place of ~Ir. Clerk proceeded to call the roll. MORRILL, resigned. ~Ir. ALDRICH, (when his name was called.) I am paired with the ESROLLED BILLS SIG:KED. Senator front Maryland, [Mr. GoRMAN.] If he were present, I should vote "nay" and the Senator from Maryland would vote '.'yea." . A messaae from the House of Representatives, by .Mr. J orr:x BAILEY, Mr. ANTHONY, (when his name was called.) I am parred on this its Chief Clerk, announced that the Speaker of the House had signed bill with the Senator from Delaware, [~Ir. BAYARD.] If he were .the following enrolled bills; and they were thereupon signed uy the present, I should vote "nay." President pro temp(}re: Mr. CONGER, (when Mr. FF.ltRY'snamewascalled.) Mycolleague A. bill (S. No. 1598) to authorize the Secretary of War to donate to 1882. CONGRESSIONAL RECORD-HOUSE. 3413 the Ladies' Soldiers' Monument Society of Portsmouth, Ohio, four I HOUSE OF REPRESENTATIVES. condemned cannon; and A bill (H. R. No. 4680) to repeal the discriminating duties on goods FRIDAY, April 28, 1882. produced east ofthe.Cape of Good Hope. The Hou e met at eleven o'clock a. m. Prayer by the Chaplain, . PtffiCHASE OF COPIES OF REVISED STATUTE • Rev.F. D. POWER. 1\ll:. SHERMAN. I offer th~ following resolution: The Journal of yesterday's proceedings was read and approved. Resoloed, That the Secretary of ~e Senate be directed to purchase for the use RAILROAD ~'D-GR.L~T ~ MISSISSIPPI. of the enate 25 copi of the Revised Statutes of the United State , to be paid for from appropriations for miscellaneous expenses of the Senate. Mr. SINGLETON, of Mississippi, by unanimous consent, introduced a bill (H. R. No. 6017) supplemental to an act entitled "An act grant !l.h. PLATT. I wish the Senator from Ohio would include the sup~ ing public lands in alternate sections to the State of :Mississippi to ~emenL · aid in the construction of railroads in said State, and for other pur Mr. SHERMAN. This includes all the Revised Statute . We are poses," approved August 11, 1856; which was read a first and second in absolute need of them daily, and must have them. time, referred to the Committee on the Public Lands, and ordered to The PRESIDENT pro tempm·e.. It would be better to insert " and be printed. upplement." Mr. SHERMAN. Very well. ay "theRevisedStatute andsup FORT RICE MILITARY RESERVATIO~, DAKOTA. plement." 1.1P. PETTIGREW. I UJ;k unanimous consent that the bill (H. R. The PRESIDENT p1·o tempore. The resolution will be so modified. No. 2749) vacating the Fort Rice military reservation, in the Terri The resolution as modified was agreed to. tory of Dakota, be taken from the House Calendar and put on its THOllAS EVA.o.~S A.t..~ ALBERT T. WlllTJXG. pa age. l\lr. V .ANCE. I am instructed by the Committee on the District The bill was read, as follows : of Columbia, to whom was referred the bill (H. R. No. 2938) for the Be it enacted, d':c., That all the lands embraced in the Fort Rice military reser vation, in the Territory of Dakota, bet and the same are hereby, opened and made relief of Thomas Evans, to report it with an amendment, and I ask subject to entry as other public lands m said Territory under existing laws: Pr~ for its immediate consideration. tJided, That all persons owning improvements on said reservation at the time of By unanimous consent, the bill (H. R. No. 2938) for the relief of the passage of this act shall have a prior ri~ht to enter the lands upon wbich said Thomas Evans was considered as in Committee of the Whole. It improvements are located at any time within six months after this act goes into effect. propo es tO authorize the auditor of the District of Columbia to issue · SEc. 2. That the Commi sioner of the General Land Office be, and hereby is, au· to Thomas Evans a duplicate certificate for one lost or burned, num thorized to issue the instructions necessary to carry the provisions of this act into bered 21609, of the board of audit, class 6, for 146.20. effect. The amendment was to add : Mr. SINGLETON, Of Illinois. I object. .And also a similar duplicate certificate to Albert T. Whiting. for one lost or Mr. PETTIGREW. This bill has been favorably reported by the burned, numbered 19555, for $532.48: Provided, That they shall each execute severally a bond to the colllJirlssioner.s of tbe District of Co)umbi&, in double the Committee on Military Affairs, ancl is also recommended by the Com amount of their respective certificates, with sufficient security, conditioned to save missioner of the General Land Office and by the War Department. harmless the said District against the possible presentation of said lost certifi I have their letters. cates; and said certificate shall be rece1ved and converted into 3.65 bonds, as all The SPEAKER. The gentleman from Illinois objects. board of audit certificates are, by the Treasurer of the United State , as commis sioner of the sinking-fund of theDistrict of Columbia. PROTECTION OF USERS OF PATENTS. The amendm,ent was agreed to. Mr. CASWELL. I ask unanimous consent to report.from the Com The bill was reported to the Senate as amended, and the a.mend mittee on Patents for immediate consideration a substitute fur House ment was concurred in. bill No. 784. The bill is simply for the protection of parties using The amendment was ordered to he engrossed and the bill to be patents which they have purchased in good faith in open market. read a third time. · Mr. BLAND. What is the bill f The bill was read the third time, and pa sed. Mr. HEWITT, of New York. We reserve objection until the bill The title was amended so us to read: ''A bill for the relief of has been read. Thomas Ev:ms and Albert T. Whiting." Mr. BLAND. I object, ifit is for the extension of any patent. Mr. BURROWS, of Michi~an. It is not for that purpose. ORDER OF BU D.""ESS. :Mr. BLAND. Then I witndraw my objection. Mr. GARLAND. I move that the Senate proceed to the consider Mr. TOWNSHEND, ot: Illinois. It is for the benefit of the pur ation of the bill e tablishing a court of appeals. chaser. Mr. HARRIS. I desire to appeal to tho Senator from ArkansaR Mr. BURROWS, of Michigan. It is to protect the innocent pur and to the Senate. cha e.rs of a patented article. Mr. HOAR. Wa not that bill laid aside informally two or three Mr. BLAND. I object, ifit is to extend any patent. ~~a~f · · Mr. TOWNSHEND, of Illinois. It is to curtail the power of pat Mr. aARLAND. It lap ·ed under the rule. entees. The PRESIDENT p1·o tempore. It lost its place. The Senator from Mr. CASWELL. I am directed by the Committee on Patents- to Tenne see proposes to upplement the motion with another. report, as a substitute for House bill No~ 784, a bill (H. R. No. 6018) Mr. HARRIS. In view of the fact that the bill referred to by the to· amend section 4919 of the Revised Statutes relating to the recov Senator from Arkansas was displaced, having had the right of way, ery of damages for the infringement of patents, which I ask the clerk I am inclined to appeal to the Senator from Arkansas not to antag to read. onize his motion; and also to appeal to the Senate to proceed at this The Cle1·k read as follows : time to consider Senate bill No. 1049, being a bill amending an act No action for damage.~ or proceeding in eqnity shall be sustained, nor shall the entitled "An act to pre\ent the introduction of contagious or infec party be held liable under sections 4919 or 4921 of the Revised Statutes of tbe tious diseases into the United States." United States, for the use of any patented article or device when it shall appear The PRESIDENT pro tempore. Does the Senator from Arkansas on the trial that the defendant in such action or proceeding purch.ased said article yield for that motion f for a valuable consideration in the open market. . Mr. GARLAND. I am on the committee that reported the bill Mr. SINGLETON, of illinois. I object. which the Senator from Tennessee refers to, and I am also on the Mr. CASWELL. I ask the bill and report be printed. committee that reported this other bill. I leave it to the Senate Mr. HEWITT, of New York. I must object to its present consid which they will take up. eration. Mr. INGALLS. The Senate cannot decide unless some motion is Mr. BURROWS1 of Michigan. Will not the gentleman froniNew made. York withdraw his objection a. moment to allow an explanation f The PRESIDENT pl'O tempore. The Senator from Arkansas moves Mr. HUTCHINS. It seems to me that a bill of that kind, nul1ify to take up the bill to establish a court of appeals. ing the patent laws of the United States, onght not to pass without Mr. HOAR. I waived a bill which I was very anxious to have our understanding it. taken up, and which has been waiting a great while, recognizing the Mr. CASWELL. It only prohibits recovery against a party who prior claim of the Senator from Arkansas; but I do not wish to recog has purchased a single article, and is using it, and has purchased it njze his right to mortgage that claim to anybody else. for a valuable consideration in open market. The PRESIDENT pm tempore. The question is on the motion of Mr. TOWNSHEND, of Illinois. It is in behalf oftheUBeiS of pat the Senator from Arkansas to take up the court of appeals bill. ented articles. The motion was agreed to; and the Senate, as in Committee of the The SPEAKER. The Chair understands the objection is with Whole, proceeded to consider the bill (S. No. 420) to establish a court drawn. of appeals. Mr. WILLIS. This is to protect the purchasers f Mr. MORRILL. The bill being taken up so as to be the unfinished Mr. CASWELL. It is to protect the users. It applies to any per business, I move that the Senate proceed to the consideration of son who has purchased in open market for a valuable consideration, executive business. and js using the article. The motion was agreed to; and the Senate proceeded to the con Mr. ATKINS. Is it in the interest of the users f sideration of executive business. After eighteen minutes spent in Mr. CASWELL. It is in the interest of the user. executive session the doors were reopened, and (at four o'clock and Mr. ATKINS. If it is in the interest of the public, I have no :fifty minutes p. m.) the Senate adjourned. objection. ·3414 CONGRESSIONAL REOORD-HOUSE. APRIL 28, :Ur. V..ANCE. This has received the unanimous consent of the mittee of the Whole Honse on the state of the Union, and, with the Committee on Patents, and also the approval of the Commissioner accompanying report, ordered to be printed. of Patents, and it has been petitioned foreA.'"tensively by the people. UTE RESERVATIO:X COLORADO. Mr. TOWNSHEND, of Illinois. The same kind of bill was re- 1 ported in the last Congress. Mr. HASKELL. Mr. Speaker, there is a bill upon the Speaker's The SPEAKER. Is there objection to its present consideration' table (S. No. 698) 1·elating to lands in Colorado lately oceupie J. L. BURCHARD. tion is given than appears to be contained in the bill. Beforo urging :Mr . .AINSLIE, by unanimous consent, from the Committee on my object1.0n I will ask from what committee this bill comes' Indian Affairs, reported, back with a favorable recommendation Mr. DIBRELL. It comes from the Committee ou Claims and is the bill (H. R. No. 64) for the relief of J. L. Burchard; which was recommended by Commissioner Raum. .referred to the Committee of the Whole Honse on the Private Cal Mr. SINGLETON, of Illinois. I object . ..endar1 ::md the accompanying report ordered to be printed. Mr. DIBRELL. I am sorry the gentleman object . I must leave this city on Monday next, and I desire to have the bill considered ORDER OF BUSINESS. before I leave. }!r. CALKINS. Let us now have the regular order. Mr. SINGLETON. of Illinois. I withdraw the objection. The SP~AKER . The regular order is the further consideration of Mr. HOLMAN. This bill certainly cannot be well understood from the contested-election case of Lynch vs. Chalmers. this hasty reading. I desire to reserve the right to object at least l\fr. BRAGG. Does that como up on Friday! until the report can be read. Tho SPEAKER. It comes up on Fricla.y or any other legislative 1\Ir. CALKINS. I cannot consent to all this consumption of time. ~ay. Mr. DIBRELL. I ask that the letter of Comrni sioner Raum be Mr. CALKINS. Defore entering on the discussion of that case this read. · morning allow me to say to my colleague on the committee, the gentle The SPEAKER. Objection is made to ~onsidering the bill at this man from Ohio, [Mr. ATHERTO~,] that I had a sured this side of the time. House that a vote would be taken to-day, but owing to rea~ons which Mr. DIBRELL. Then I ask unanimous consent that the letter of I think sufficient I believe now the House can make an agreement to Commissioner Raum be printed in the RECORD. have the vote taken to-morrow, the debate being closed to-day except There was no objection, and it was ordered accordingly. the hour after the previous question is ordered. Will my friends on The letter is as follows : the other side consent to that f TRE.ASL'RY DEPART)!EYf, OFFICE OF L"'TErui"AL REVEKUE. :Mr. ATHERTON. I understand what the gentleman from Indiana Washington, FebruanJ 18, 1882. 13uggests is that the previous question is to be pending in the morning SIR: I am in receipt of the lett~r of the 8th instant from the Committee on .and the gentleman will have his hour to-morrow. Finance, Unit«l States Senate, inclosing a cepy of Senate bill N:o. 1068, for the relief of certain citizens of Tennessee, addressed to you and bv you referred to Mr. CALKINS. Yes, sir; and that the Honse shall adjourn to-night this office for report. • after the previous question has been moved ; not ordered, but moved. I have tbe honor to retuTil the letter and inclosure with the following atatement: Mr. ATHERTON. We do not object to that. The bill is for the relief of certain citizens residing in Bedfor;l. Rntherford, Mr. CALKINS. I will say I have hurried the case on as much a~ Warren., and WilliJ.mson Connties, Tennessee, who were 3-'!'lesseJ internal-re"\'"e· nne taxes, principally on income for the year 1~63, prior to tbe formation of aa I can and ask the Honse to bear with its management. I assure my sessment divisions embracing the counties in which they resided. friends on this side that the best is beit;lg done that can be done to With the exception of J. W. Wi~gins and Isham R. Peebles, sr., and I!\ham R. have the case disposed of. I ask that the arrangement be ma-de by Peebles, jr., the parties named in the bill have presented claims to this office for ~rder of the Honse as stated. the refunding of the taxes claimed b> have been paid. A. claim in the name of Isham R. Peebles was presented, but it was not designated by either "senior " or Mr. ATHERTON. There is no objection to that. "junior." Mr. BROWNE. I desire to ask my colleauue from Indiana a qn'es The taxes complained of with the exception of that paid by J . .A.. Blakemore tion. Does he propose that the Honse shafi adjourn when the pre were all asse sed prior to the date of the issue of the regulation>, spe :ial, No. 16, vious question has been moved f I will remind him that this is pen under the eighth paragraph of which it is claimed the taxes were erroneous. Bills for the relief of these parties were introduced in the Forty-fourth ana sions night. Forty-sixth Congresses. Acopyofoneofthese billsl namely, H. R. No. 4819, Forty Mr. CALKINS. I am reminded by my friend that this is pensions sixth Con~ss, was recently mclosed t.o this office oy Hon. Mr. PE&r.LE, sub-com night. I propose that the House shall take a recess after the previous mittee of the Committee on Claims, House of Representatives, with a request for question is moved so that it may consider pension cases at an evening information. That bill, I think, was more eqnitable than any for the relief of the same par es ion 1mder the existing order of the Honse. ties introtlnced in the present Congress. The SPEAKER. The Chair understands the agreement to be that I ha.ve this day forwarded t.o you Mr. hELLE's lett~r with a fnll report on tile by unanimous consent, at the close of the discussion of this case to bill inclosed by him. · Respectfully, day, the previous question is to be moved, and that the discussion GREEX B. RAUM, shall then be considered a~ closed, except the last hour, to be occupied Commissioner. to-morrow. Ron. CHARLES J. FOLGER, Secrctar>j of flu~ Treas;ur>j. Mr. RA...."fDALL. If we are to take a recess at half past four o'clock 1 doubt whether sufficient time will be left for the consideration of ~ECTIO~ CO~'"TEST-LYNCH YS. CHALMERS. this case. . Mr. CALKINS. I now call the regular order. Mr. CALKINS. The recess need not be taken at half paat four; The SPEAKER. The regular order is the contested-election ca.ae but let it be understood that the previous question shall be moved of Lynch vs. Chalmers, from the sixth Congressional district of the when the House takes a recess. State of Mississippi. Mr. ROBESON. It is understood this order vacates takin~ the Mr. HOOKER. Mr. Speaker, it was not my purpose to add.resB rooess at half past four, and postpones it till the previous question is the Honse on this contested-election case, for the rea~on that as my moved. own colleague from my own State was the party whose seat was con Mr. JOYCE. Thisorderwillnotcutoffthe session for this evening. tested I thought it better, upon consultation with him, to permit Mr. CALKINS. Not at all. other gentleiii.en from other States, who would look upon this ques Mr. DIBRELL. Before that is agreed to I ask unanimous coiUlent tion of course from a different stand-point from that which I occupy to take up the :first bill on the Private Calendar. to discuss the merits of the case so f-d.r a~ he was concerned. I had, Mr. CALKINS. I will yield for that in a moment. therefore, understood that this discussion on this side of the Honse The SPEAKER. By unanimous consent the order for this evening, would be left to the honorable gentleman from Ohio, [Mr. ATHERTON,] so far as it applies to taking a recess at half past four o'clock, could the honorable gentleman from Kentucky, [Mr. CARLISLE,] the houor be vacated, and the session heli to-night ;tt whatever hourtherecess a ble gentleman from Tennessee, [M.r. HoUSE,] and others. I did not may be taken. Is there objection to the proposed arran~ement 'r desire to speak upon this case because I thought it extremely natural Mr. RANDALL. The House by a majority vote mignt adjourn, that the Honse would listen with some degree of allowance and prob .and that would cut off the evening session. ably some degree of caution to what might be said by the immediate Mr. CALKINS. Of course if the HollSe should decide to adjourn colleagues of the gentleman whose seat is contested. it might do so. But the case has assumed an attitude different from that which. The SPEAKER. But under the existing order the House would ordinary election cases assume. A. wider range has been given to have to take a recess at half past four o'clock. It is proposed that debate than simply the consideration of the question as to what is that part of tho order shall be vacated. the true method of settling this case. Mr. RANDALL. That is not objected to. I am not altogether unfamiliar, though, with the facts and circum The SPEAKER. The Chair hears no objection. stances attending this election, inasmuch as I am often in the district llr. RANDALL. And no other agreement is made. of my friend, General Chalmers, am familiar with its people, the Mr. DIBRELL. I a3k to take the bill I have indicated from the county in which he resides having once belonged to my own Con Private Calendar for present consideration. gressional district, when I was first elected to Congress, and the Mr. DWIGHT. I object until I understand what is being agreed little property in the form of real estate which I own lying in that t.o. I want to know what is the object of the evening session. ocounty. I am therefore thrown much in communication with the The SPEAKER. That is under a continuing order of the House people of that county, and am not alto~ether unfamiliar with th& that there shall be se sions on Friday evenings for the consideration general aspect of the case as it appeared m that election. .of pension bills. The idea, however, has been advanced in the speech which wae Mr. DWIGHT. I withdl·aw my objection. made by the honorable gentleman from Tennessee [Mr. MOORE] a Mr.· DIBRELL. I ask unanimous consent to tako from the Pri few days since, that inasmuch as there is a colored majority in that >ate Calendar for consideration at this time House bill No. 1633, Congressional district and in the State of Mississippi, therefore the being the first bill on the Calendar, for the relief of certain citizens conclusion must be drawn that there was something illegal and im .of Tennessee, of Bedford, Rutherford, and other counties. proper in the conduct of that election. The SPEAKER. The bill will be read. Now, so far as the evidence in the record is concerned in reference The Clerk began the reading of the bill, but before concluding it, to the proceedings in the county of Adams, and particularly to th& Mr. KASSON said: I must object to this bill unless more informa- proceedings at the precinct of Washington in that county and aii , 3416 CONGRESSIONAL RECORD-HOUSE. APRIL 28, -the precinct known as Dead Man's Bend in that county, !'am some I have never believed in discussing any question by epithet ; and what familiar with it, for the reason that when proceedings were however widely I mi~ht differ from my friends on the other side, and instituted in the United States courts against the holders of the elec however fiercely I nught contend against them upon political ques tions in those precincts there was embraced in the indictment a tions, I should hesitate long before characterizing their conduct in number of gentlemen who were my friends, and among them were the terms by which it has pleased the taste and the good manners also embraced some colored officers of election, of the honorable member from Tennessee to characterize them. Not Finding those gentlemen thus indicted, I volunteered my services only does he start out by giving a lecture to his own party, but he for their defense m the United States court. I attended the trial of seems to have considered himself a sort of teacher from a politico the causes, spoke in one case in common with a number of lawyers business point of view to my own State of Mississippi and the South who were employed in the other cases. And after we had tried three generally. Let us see how far he possesses that grand prerequisite of these cases out of the fifteen or twenty alleging irregularities which every great moral and political lecturer ought to po ses be and frauds in the elections in that county of Adams ; after we had fore he undertakes to become a public teacher. Let us see how far tried three of these cases before a mixed jury composed of seven he understands the question, how far he comprehends the real his white men and five colored men, after three verdicts of not guilty tory and subject-matter upon which he assumes to constitute him had been rendered, I suggested to the court from my place as an at self a lecturer before the country. He says, among other thing : torney in court that I hoped the honorable attorney for the Govern I confess that I am, and I think the country is, growing very impatient with th& ment was satisfied that his information agtlinst these citizens was milk op policy of our Republican majority here, and unless we decide soon to first not properly founded, and that the judge of the court would direct seat the men who ha>e been fairly and honestly elected, and then go on vigorously in the pro ecution of the important public busine s for which we were sent here, to be entered a nolle prosequi in the remainder of the cases. The judge I do not hesitate to say that the country will not do what.it ought t.o do if it fails declined to adopt that suggestion, but said he would allow the same to repudiate our party at the very next election. A word to the wise is sufficient. jury to take the papers in the other cases, and the result wa-s that Mr. Speaker, what I may say to-day shall bespoken from a bu ine stand-point, there was a verdict of not guilty in every single one of the cases. and is intended to reach the business ear of the country. :trow, the proceedings in this election constitute one of the grounds The gentleman's business interests, as he tells us in a subse9.uent npon which the contestant alleges that there was an unfair election portion of hi speech, make him familiar with the people of Missis in the county of Adams sippj, particularly jn the six:th Congre sional district. He says fur I now come to the county of Warren, where 219 votes were thrown ther: out under our statute law-a law, by the bye, that did not originate l!'ollowinrr up this ide::~> on the opcnin~ day of Congre s I said : 11 In the interests in Mississippi, but was copied from the Ohio law; a law similar to of justice. in the interests of common farrness, in the interests of good government and the civilization of the nineteenth century, Ire pectfully and olemnly protest that which prevails in the State of Maine and in many other States in the name of the American people against the adniinistration of the oath of office of the Union; a law that has undergone construction by the courts to the Ron. Jan1es n. Chalmers. of the sixth district of .M.is issippi, to a eat in tho in all of the States where such a law prevails. A similar law was Forty-se\enth Congre s of the United States." adopted in Mississippi, copied almost in totidern t·e1·bis from the Ohio law. Mr. Speaker, I de:- Ay, sir, the convention ~ssembled la t year at the capitol of Mis from one of )ir. Garfiel 1~ to 1875. Wha.t wa J that condition of government Y Sir, tho parties and the country. From 1865 at the termination of the war, country has not been lei't at a loss to know what it was. I will not to 1875 the Republican party held the colored vote of the South in give my own assertion, bnt I will give the evidence of one of the a grasp of iron. They ran them up to the polls like sheep in the leading men of t.he Republican party a to. what was the condition of shambles and voted them, and so long as they obeyed their behests -affairs in Mississippi in those days. I will give the testimony of a and voted their ticket it was all very well. But when the colored man who wa.s afterward in the Cabinet of President Hayes, who held man began t.o think for himself, speak for himself, act for himself, high position there. In order to show the condition of affairs in Mis- and vote for himself, you say, "Oh, this is a great outrage perpe issippi, and to show who was responsible for that condition of affairs, trated on the colored man." I will send to the Clerk's desk and a k to have read an extract from I assert, sir, on my honor as a Representative, that I have stood in Mr. Schurz's SJ>eech in 18i'2, showing the then condition of the South. the capital of my Stat.e, in the county of Hinds, for ten long years, I ask the Clerk to read, commencing with that which is attached to and have seen the serriecl columns of the black voters, led by the the paper, an extract from a speech made by Mr. Schurz at Buffalo, "white scoundrels"-as 1\h'. Schurz terms them-who commanded New York, October 25, 1872. them, march up to the polls, every man with a rifle or a l'lhot-gnn on The Clerk read as rollows : his shoulder or a revolver buckled at his waist; for ten long years I A blight has fallen over the Sonth. I~as not so much the war which was the have seen them march thus in the capital of my State to the sound cause ofit as it is the shameful corruption which pervades the State governments. of drum and fife, and everywhere else throughout the State. For Fraud, plunder, shameless robbery-these are the characteristics of the Southern ten years this was done. They talk about our people exhibiting im State governments. And who is responsible for it 1 Was it not Grant's adminis tra.tion to which all these plunderers clung for support I But how could these patience. Why, sir, you wollld not have allowed such a state of thieves keep themselves in power~ Their most powerful aid was the Federal affairs to exist in the State of Massachusetts for two weeks. And as ,(}overnment, and their next powe~ aid they sought in the ignorant negro vote. long as the colored men could be compacted to~ether and voted for THE THIEVES .AND THE li"EGROES. the Republican party we never heard any opposition to it. But now The thieves control these negroes, and it was under their influence that they that they are beginning to be instructed, now that they are be 'have been arrayed against the whites. The blacks and the whites stand face to ginning to better their condition, now that they are beginning to ..face as enemies, for the ne~oes are under the influence of the most villainous acquire property, now that they are beginning to exercise the real coundrels that were ever auowed to dis!!Tace a great and noble country. The productive la.bor seems almost e~austed, the very foundations of society right.s of citizensJ::jp, you propose that they shall be depri_ved of .are undermined, the States are almostbankrnpt. The Republican party is respon the ballot; now you propose to say that because they exermse the sible for the present condition of the South. I have been tift-een years a. steadfast, right of suffrage according to their own judgment you will object ..faithful worker in the ranks of the Republican party. I would be the laat man to to it. reproa~h the Republican party, with which my highe t hopes have ever been iden tified. But this is a. question of conscience. Why, sir, the o people arc becoming now somewhat instructed as t.o their rights. W~ithin five miles of my own plantation in the Mr. HOOKER. The Clerk will please send the paper back and I State of Mississippi there lives a colored man who is the owner of will read the rest ofit myself. It will be seen that that was the con six htmdred and forty acres of land, all paid for, and who has money .dition of affairs in Mississippi in 1872. Further along in the course in the bank. He is a Republican and votes the Republican ticket of another speech made in the same year, in 1872, still further de whenever he chooses. Many others of them are acquiring property scribing the condition of affairs in the South, and fixing the responsi in a. greater or le s degree. bility where he thought it belonged, Mr. Schurz says: I say here~ in the presence of thi House of Representatives, that And thus it is- when the charge is made that the colored man meets inj nstice, This was a speech made at Syracuse, New York, in 1872, when the wrong, and outrage at the hands of the Southern people, he never -carpet-baggers and scalawags held Mississippi uncontrolled; when finds anythiu~ like the outrage and injustice which he received at that beautiful condition of things existed which the gentleman from the hands of tne carpet-bagger and the scala. wag. Tennessee would be delighted to see return, in order that there might And when the o-entleman quoted from a Southel'n newspaper a .not be what he calls a solid Bourbon delegation from Mississippi. warning to the cofored people as to the danger of a riot, I ask you why that warning was given' It was because they held in full And thus it is- remembrance the fact that in 1874, when the colored people were Says Mr. Schurz- induced by the carpet-baggers and the scalawags, who always fled "that the great name, the great authority of the Republican party in its national when danger came-when they were induced to march upon the city •capacity is bein~ used this very moment to uphold the most atrocious system of ofVicksburgh and assert what they considered to ue tho 1·ights of -government which this country ever saw. A party which cannot live and pros· the colored sheriff of that county, they were met and resisted and per unless it be supported by a revival of the old war feeling, and by tearing open again the wounds from which the people of the United States have bled so long, many lives were lo t on both sides. such a party when it baa come to that does not deserve to liv.e. They remembered the terrible riot that occurred at Clinton, a year afterward, when three young men of that cotmty were disemboweled, Another extract from a speech by the same gentleman made at Saint one of them in the presence of his family, by the enraged mob. Louis, Missouri, sustains the same point : They rem~mbered that everywhere in Mississippi had been witnessed CAN THE DEMOCRATIC PARTY BE TRUSTED ~ scenes of violence, bloodshed, and plunder during the whole carpet Honest-Republicans, are1ou still troubled bY, doubt¥ Do you still ask, "Will bag rule of ten years. it be safe to trust them¥" journal of this City addressed the question to me, And they know now that from 1875 down to the pre ent time, with "how the colored people of the South would be protected by legislation in conse the exception of the sin~le instance to which I have refened, at the ..quence of this movement if the majority in Congress should change 7 I will voting precinct of Manon, in Lauderdale County, there has been answer. We ha-d the same movement in this State ; the majority in the Legisla ture did chanae; and how were the colored people of Missouri then protected by peace and quiet, order and law-abiding citizenship, and the colored legislation 1 ~o legislation was needed t() protect them. They were amply pro man has been entitled to full protection and repre entation every tect-ed by the spirit of the people as it is issued from that movement.. I remember where. the predictions that were.made then to frighten us, that the "red-handed rebel" would rise np again in bloody ferocity and make it impossible for Union men and It was said by the nominee of the Republican party for governol' ·colored people to live in some parts of this State. Well, the peopl~ of Missouri of the State of Mississippi, the man who was nominated by theRe were not frightened; they did trust; they "claaped hands over the bloody chasm" publicans and nominated by the Greenbackers, that they intended .in 1870. Their trust was not in v-ain. The rebels were enfranchised. They became to have their rights ; and if they could not get them unuer the " Camp not only voters, but good citizens again; the right8 even of the lowest among tts toere bell code," which was the last code of laws adopted in the State of more secure and sa~Jred than ever, and we have lived as friends and brotlwrs since. "'Here it is history. Let the American people profit by the lesson. Mississippi, they would have them under the "five-barrel code" of the revolver. That is the only sentiment of that sort that was ever I add the following extract from a speech by Mr. Schurz: uttered in that canvass, and it came from the candidate of the Re MILITARY RULE. publican party for governor. Let us look at the political developments of thls country. We have become Mr. MONEY. In his speech of acceptance after the nomination 'I -careless about the institutions of our country. You who have studied history Mr. HOOKER. Yes; as dty colleague reminds me, it was said by know that in times of extraordinary urgency, in times of war, &c., we allow the Government extraordinary prerogatives which we would not allow the Govern the candidate of the Republican party in his speech of acceptance ment in or And just here, by the bye, I may remark as illustmtive of the falsity instructed 136,481 white pupils and 89,125 colored pupils. Georgia, -of the position of the gentleman from Tennes ce, that it is a remark with a school population of 433,144, expended $471,000 for educa able fact, written in a letter by a colored man who is as black as his tional purposes. Alabama spent $367,093.59, and instructed 107,000 own coat, a member of the Le"islature of the State of Mississippi, white chiluren and 72,000 colored. Mississippi-much-abused Mis .elected from the county of Hinas,in which I reside, when Mr. LAMAR sissippi, which, as the gentleman said in the conclusion of his speech, was a candidate for the United States Senatorship, although there is opposed to education, the State which he seems to have taken was a regular nominee of the Republican party, that colored man under his special charge to represent-spent $576,513.61 for the in voted for Mr. LAl\IAR. He wrote a letter afterward, saying: struction of 112,89-l white and 123,710 colored children, showing a I desire to say that I haTe done this because the people of this countr have majority of colored people of nearly 20,000 educated by the taxes elected me to the Lep:isla.ture of the State to represent my colored friends m this levied upon the people of :Mississippi. county iu that Legislature, and I feel it due to the conservative characrer of Mr. Mr. MOORE. The gentleman does not quote me correctly. LAMAn, his ability, his statesmanship, his widespread reputation, that he be Mr. llOOKER. Let us see what you do say. You are speaking of returned to the United States Sena.t.e. the Democratic pa.rty, to which you want to pay especial attention ; Anu I will say that :Mr. LAMAR now comes hack to the United and you think Mississippi very Democratic-do you not '-you think States Senate with the vote of a colored man elected from Hinds it Boru·bou. Count y to the Le"islature of the State of Mississippi. They opposed the nationality of the country- So much, therefore, for this assertion that the colored men are necessarily to be voted by and attached to the Republican party. Mr. MOORE. That is, the Democratic party did. Mr. HOOKER, (reading:) Further on the gentleman says that Missis it~Pi "a opposed to the education of the colored people. Now, the condition of the colored They oppo.:;ed the emancipation of the laves; they oppo ed eaeh and all the amendments to the Constitution ; they opposed the suppression of the Ku Klux i>eople in the South is not very well understood, and I think the gen Klan; they opposed first the castin"' and then the counting of honest, legal >otes; tleman from Tennessee does not very well understand it. There is in they oppo ed the suppression of p~ygamy and polygamists; they opposed first the South a condition of affairs with reference to the instruction of the substitution of the present wise for the pernicious old "wild-cat' &ystem of the colored people which I undertake to say does not exist in any money; and they are now opposiug, with whatenr bull-headed blindnesa and sto lidity they can combine. all efforts to continue the wholesome existing system of States of the Union save those of the South. In many States of the national banking in the hope of reinstating the old and repudiat~d State-bank sys North the colored people enjoy for educational purposes only that t em, which rendered it necessary for every man to travel constantly with a coun proportion of the educational fimd which they themselves pay out of terfeit detector in his pocket. They opposed a national system of education for their own property for school purposes. But in every one of the the ignorant., fearing that thereby the poor negroes might receive a passing pro .Southern States the taxes raised for educational purposes are ex portional benefit . pended in proportion to the number of educable children, "\\ithout . Mr. MOORE. I spoke of the Th!mocratic party. reference to color. Mr. MANNING. If it will not interrupt my colleague, [Mr. E(OOK Mr. MOORE. Will the gentleman quote me conectly Y ER,] I de ire to suggest to him, in connection with the educational Mr. HOOKER. I will; I will put in the RECORD the extract from · system of Mississippi, the factrthat there are to-day about twenty your speech. And I will remind you in this connection that you five hundred colored men and women teaching colored schools, ap stand amouumentalcontradictionofyom·ownstatement; for, if I un pointed by Democratic superintendents of public education; and derstand rightly, you have been an outspokenRepublicanfortwenty Rot $~0,000 is realized from the taxable property of all the negroes years-ever since the Republican party was formed-unless you had of the entire State to keep up that system which it costs us annually some slight predilection to secessh:m in the early part of the war. I over half a million dollars to maintain. .do not know how that was. Did you f [Mr. MooRE made a ges Mr. HOOKER. I thank my friend for the suggestion . ture of dissent.] You did not. Very well; then you stand as a mon Mr. HORR. Right here, if the gentleman permits, I wish to ask ument in contradiction to your own position. for information, because I know his sincerity in this matter. Is it Mr. MOORE. If you will allow me to an wer-if I am not dis true that you treat :Korthern girls that go down there to teach South -turbing you-- ern schools in a manner that renders it impossible for them to enjoy Mr. HOOKER. I simply said I understood you had a proclinty the society of the white people and remain among you f i .oward secession. Is that soY You can answer yes or no. Mr. HOOKER. No, sir. Mr. MOORE. I will answer if you will let me. Mr. HORR. Before you answer let me say this: a young lady I Mr. HOOKER. At all events the gentleman is a Republican now, know well went to one of the villages in your State, and stated to me and has been a Republican for some time-an open one, I take it. your native white people absolutely fu·o•e her from the State by the Mr. MOORE. I voted for Lincoln, and have always since been a manner in which they treated her, and simply because she was a Republican, and voted nothing hut the Republican ticket. Casey white woman teaching colored children. Is there anything of that Young said I was" the meanest Radical in America." kind down \here Y · Mr. HOOKER. And yet, sir, "mean" as you are, and ''mean" as Mr. HOOKER. No, sir. Casey Young said yon were, you owe the very food which keeps body Mr. SINGLETON, of Mississippi. Name the place . .and soul together, according to your own confession, to these very ])1r.HOOKER. Iwillanswerbysayingwhatlknow. Ayonnglady, people in Mississippi whom you traduce. "\\hose residence is only two miles from my plantation in Mississippi, Mr. MOORE. I traduce nobody. who was born and bred in Missi sippi, reared in that State, upon Mr. HOOKER. Yon are a monument of the fact that they do not Mississippi soil, taught a negro chool and did not think she was .avoid a business man simply because he is a Republican. Yon say that degraded by it. They can go there and teach whatever sort of school people in Mississippi are afraid to say they vote the Republican they want to. ticket-afraid to talk in favor of Republicanism; yet they come all Mr. HORR. That does not answer my question. This girl was -the way from Mississippi to the city of Memphis to deal with the from the North, and she was a carpet-bagger. Was there anything most absolute, outspoken Republican in the State. of that kind T Now, I go back to the question of education; and I am not to be Mr. HOOKER. I say no. -driven from the consideration of this question in its serious aspects. 111r. HORR. That is all right . . I assert here now that the best friend of the coloredmanon t.he con Mr. HOOKER. _Allow me to say in answer to what the gentleman tinent of America-! carenotfrom whatStatehecomes-isthewhite from Michigan has intimated and suggested by his inquiry, that the man who was brought up in boyhood with the colored man. The history of the South shows that is not so, and for good reasons. Before colored people were born slaves without any fault of theirs, as we the wm- the most prominent men in my State were men who mi w ero horn masters without any fault of ours. The war terminated grated from the North. Let me enumerate the men who came from -that relation and made them citizens. We were all left in the same that region. Since that time we have been desirous to encourage bo::tt. migration. White people are welcomed e>erywhere. They come to If we made a cheap government and a good government for the our country without a question about their politics. Before the war white man, were we not bound to make a cheap government and we eviuencedhow we esteemed our Northern brethren. Such men as good government for the colored man Does not the colored man Quitman, the gallant governor of that State and the chancellor of the now sit upon thejuryY Is he not now a voter7 Does he not now supreme court, came from the Knickerbocker r egion of New York; hold his property under the same laws as we hold ours. More than such men as .Montgomery and Boyd, the most distinguished lawyers that, the extraordinary spectacle is presented to the civilized world we ever had in .Mississippi, who lived and died in Natchez, came from of a people already rehabilitated and restored to their relations to theNorth; Prentiss himself came from the far-off town of Portland, the l'edera.l Government, owning almost a,ll the real and the larger in Maine, and commenced his caref\rin Mississippi as a school-teacher. ;portion of the personal taxable property, coming forward and volun No man received higher honors or distinction from the time when he "t:trily agreeing that this property shall all be taxed iu common for first went there than l\lr. Prentiss. And so it has been. Almost all the education of the children of the country without reference to the men of distinction in Mississippi came from the North. Robert color. I quote from ·the census tables to show the existence of this J. Walker and John D. Freeman and a host of others were Northern fact in various portions of the Southern States. In Virginia, for men. They came from the North_, sir-- instance, there are 4,864 public schools, with a gain of 15,000 in The SPEAKER pro ternpm·e. The gentleman's time has expired. .attendance since last year. Virginia has a ·chool population of314,827 1t1r. HOOKER. I ask that it be extended for a few minutes, so I white and 240,980 colored. The value of her school property is may complete wha,t I have to say. $1,177,'>44. Her receipts from school taxes last year were $596,615. :Mr. CALKINS. I do not wish to interfere with the arrangement In North Carolina the schools C' ost last ye. r .. 362,882, and there were made to-day by the gentleman from Ohio [~1r. ATHERTO'Y] ~tnd the 3420 CONGRESSIONAL RECORD- HOUSE. APRIL 2 ,a House. With that gentleman's consent I should like to have tho Disbursements fiscal year 1871, appendix, p. 63, II. J. 1872 ...... 1, 729, 046 34 time uf the gentleman from Mississippi extended. Disbursements fiscal year 1872, appendix, p. 44, H. J. 1873...... 1, 596,828 64' Mr. MOORE. I hope the gentleman will be permitted go on. Disbursements fiscal year 1873, appendix, p. 196 H. J . 1874 ...... 1, 450, 632 so to Disbursements fiscal year 1874, auditor's printed report, p. 16...... 1, 319, 281 60 Mr. MANNING. What auangement does the gentleman refer to. Disbursement-s fiscal year 1875, auditor's printed report, p. 2...... 1, 430,192 s:; Mr. CALKINS. The consent given to close debate to-night. Mr. HOOKER. I ask that my time be extended fifteen minutes. Total auditor's dit>bursements by warrant from March 11 1870 to 1 8 501 437 80 The SPEAKER p1·o tempore. The Chair hears no objection, and the .A.~e~~~~~':n~~ ~h:~!:~~~-by. ~;{dit~~·~-~~I~~t~-i~~t~-~~- ' ' gentleman's time is extended. five years, nine and two-third months ...... : 1, 484, 609 5~, Mr. UPDEGRAFF, of Ohio. ' Vill tho gentleman from Mississippi yield to mef DE:U:OCRATIC RULE. Mr. HOOKER. Yes, sir. Total disbursements by auditor's warrants for fiscalyear1876, audi· UPDEGRAFF, of Ohio. I wish to a ·k my distincruished friend tor's r~rt, page 2 ...... 518,709 03 Mr. For fisc year 1877, auditors report, page 12 .•...... •...... 697,018 86· a question. Allow me to rea.a five or six lines from the authorized For fiscal year 1878, auditor's report, pago 7 ...... 707, 022 46· Democratic platform of Mississi11pi in 1 77, and ask whether it is cor For fiscal year 1879, auditor's report, page 57 ...... 553,326 81 rectly reported. For fiscal year 1880, auditor's report for 1880 ...... 803, 1Q1 31 :Mr. HOOKER. I cannot give way for any reading, but I will for Total auditor's disbursements for this period of five years from 1876_ _ ___ a question. to 1880, inclusive...... 3 279, 268 47 ~Ir. UPDEGRAFFhof Ohio. I will a k a question, then. .A. verage annual disbursements by auditor's warrant for the e years. 6:>5, 853 G9• l\Ir. HOOKER. I ave only fifteen minutes. THE CO~'TRAST. l\Ir. UPDEGRAFF, of Ohio. Just half a minute. .Annual average cost of Radical rule...... 1, 484-, 609 5.). Mr. HOOKER. I object to the gentleman reading anything. He .Annual average cost of Democratic rule...... 655, 853 69' can ask me a question. Mr. UPDEGRAFF, ofOhio. Isitafactin1877theDemocraticplat Difference per year ill fa-vor of Democratic allministration ...... form of Mississippi declared that all independent office-seekers are STATE DEBT. inspired simply by a lust for office, and are to be regarded and treated The State debt on January 1, 1876, excluding common-school fund in Mississippi as common enemies of the welfare of the people f and Chickasaw school fund debts, and after crediting it with Mr. HOOKER. I tbiuk it is likely we had something of that sort $51!!4, 388.21 cash in the treasury (treasurer's report for 1875, page 21) was...... $1 04 7, 409 ().1. in the platform. I have not read it recently. You had an independ On January 1, 1881, said debt, credited with $880,446.38 cash in the ' ent candidate, ''a Greenbacker" and of every possible variety of hue treasury, was...... 209,707 59- and color. Mx. UPDEGRAFF, of Ohio. And you treated them as public ene PCBLIC PRL'ITL' It is obvious ifthesehadnot been excepted that the statute would should be protected from being cheated into voting a ballot accord have forbid Lynch, and the mark wNe on the inside of the ticket,_ so that when punctuation point is not within the prohibition of the statute, then it wa~ folded it could not be een or the marks recogmzed. he will enlarge the point; and if I say that is not within the prohi Mr. TUCKER. The gentleman here assumes the whole proposi bition of the statute, then he will enlarge it still more; and the tion. I will come to that directly. I was calling attention t.o the effect of that kind of construction of the statute would be to render fact that the statute prohibited all marks of any character. Now, I it entirely nugatory.. Therefore, I say the place to st.op is on the understand it has been stated by witnesses here that some of the threshold by asserting that where the statute com&ands that a t ickets cast for Mr. Chalmer were printed in the same way. That ticket shall not have any mark upon it or any device, then if it mi,.,ht have been the cr.se, but it does not affect the argument. I has any mark upon it it is within the prohibition of the statute. me~n to ay that the rea ons w by distinguishin {'f' marks were excluded I have argued this question thus far upon the mere reason of the J,y the statute of Mis issippi was lest those who were disposed to do rule. If I had been a judge on the bench, from the view I take of 1'0 migbt mislead t.he irrnorant Yoter; and hence if marks of a char this case, I would have said as the supreme court of Mississippi said, acter which would indicate the ticket were printed upon them, they that these ballots were prohibited by the statute. necessarily come within the prohibition of the statute. 1\Ir. HOOKER. Without the question of intention entering into it! Mr. Speaker, one of the queerest things in this record a you will Mr. TUCKER. Yes, without the question of intention entering fintl on page 48,is the singularinterpretation given by~Ir.L~chin into it at all; because the question is not whether the party had in h i tleposit ion, to the tutute. After spea.king of the Chalmers ticket, tended it. He must be presumed to have intended to nolate the }J ay : law where his act is a violation of the law. This, it will be observed, ha no rules, dashes, or punctuation. I in>ito- 1\Ir. RANJ:\TEY. Will the gentleman 1wrmit me to as]>: him one llc says: other question T ]XHticular attention t<> this Hcket and shall maintain that the utter absence of 1tlr. TUCKER. Certainly. 01ll rules, dashes, and punctuation marks of all kinds is itself a device. This 1\Ir. R~'NEY. I desire to ask the gentleman whether he supposes tlc.b: tis identified, &c. the Le!rislature of l\lississippi intended in passing that law t.o haYe That is to say, becau e Chalmers's tickets did nothaye these dashes printed such a ticket that an ignorant man who could not read would :mll marks which were upon his tickets, he was going to maintain not know. what it was f that the absence of these da be , &c., was a device which would in Mr. CALKINS. Without O'etting omebody to read it for him. validate Chalmers's ticket . Now, Mr. Speaker, I put it to this Honse Mr. RA1-.TNEY. Whether the law intended that an ignorant man i fthe al>sence ofmarks upon Chalmers's tickets which were on Lynch's should not know what his yot-e was f tickets was sufficient to inYalidate Chalmers's tickets, when the ab 1\Ir. TUCKER. Yes, siT. ~ncc of marks was not only provided for but enjoined by the stat 1\Ir. R~TJ:\"'EY. Does not the constitution of 1\fis i sippi permit an ute. How can he escape the conclusion that the presence of those ignorant man who cannot reacl or writ to Yote 't very marks, the absence of which he said would constitute a dis Mr. TUCKER. Yes, sir. tinguishing clevice or mark-that the presence of those very marks, 1\Ir. RA.:.~""EY. Then if he cannot read or write, how in the world whon they were prohlbiteu by the statute, is itself a mark and de is he goin{'f' to tell his ticket 7 vice within the prohibition of the statute 7 I repeat, 1\Ir. Speaker, Mr. TUCKER. Well, he could get somebody else to read it for Lynch says that the ab.. enceofthesemarksis itself a clevice. Their him. I understand my friend from Massachusetts [Mr. RA...~""EY] to :-~b once cannot be a dc>ice within the prohibition of tho statute, be maintain (in which I think he gi>es away his whole case) that theS{} cau e the statute prohibit all marks aud devices. Then, if the ab- marks were put upon the ticket in order to enable the ignorant voter enoo of the e devices which is enjoined by the law was a sufficient to know that he was voting the Lynch ticket. If so, then it was a. distinction from his own to constitute a mark which he thinks is fraud upon the ballot. In other words, I understancl my friend to say vithin the prohibition of the statute, of course their presence on that a man il:! not to be brnided as to his Yote by what is print.ed on hi ticket when they are 11rohibited by the statute is a sufficient the ticket, but by these very marks. Yet that is the yery fraud which mark of distinction to lJrin~ them within the prohibition of the stat the Loo-islature intended to prohibit. ute. There is no es<'apillg -the conclusion. Mr. RANNEY. Will the gentleman permit me another que tion f l\Ir. RA.t'n\"'EY. Will the gentleman allow me to ask him a que - 1\Ir. TUCKER. Certainly. tlon. 1\Ir. RANNEY. Is it not a special n1lo of law that every statute ::\Ir. TUCKER. Certainly. should have a reasonable construction f ~Ir. R~'NEY. Suppo e ·the Democratic ticket, instead of being 1\Ir. TUCKER. Yes, sir. printed without any punctuation marks at all, had had commas or 1\Ir. RANNEY. And that if a certain construction leads to an semicolons difftinguishing the names from each other, would that absurdity, that construction shall not be adopted 'I h.ave been a nolation of the tatute y :Mr. TUCKER. Yes, sir; and I say, with great deference to my ~rr. TUCKER. I doubt whether it would have been. learned friend, that I think the construction he proposes is, as I hav6 Mr. RANNEY. What is tho difference between one punctuation shown, an absolute absurdity. · JUark and another in this connection Y 1\Ir. RANNEY. One word further. · Mr. TUCKER. Ah! but this is not a punctuation mark. My Mr. TUCKER. Certainly. learned friend from Mu · achu.setts is very astute-- Mr. RANNEY. Will you say that anything that is offerNl for a ~lr. RA!\"'NEY. Is not a da h a punctuation mark f ballot, which contains only simple, ordinary printing, comes within :Mr. TUCKER. I soe what my learned friend is proposing. Upon the purriew of that statute 1 mv admission that a comma would not be a device or mark he would Mr. TUCKER. I say·that any mark, which my friend from Ma a. sa~- these dashes woulu not bo a device or mark; and then if I admit chusetts [Mr. R.AN:to.~Y] says is put upon a ballot to enable an igno that, he would say, " uppose they were made a little bigger, would rant voter to know what ticket he is voting without having it read they then be within tho statute; and if not, then if made still u, to him, is a mark or device within the prohibition of the statute. little bifYger than that would they beY" . Now, I take his confession as a confession that Ml.'. Chalmers should :Mr. R~"'NEY. I would lla>e the gentleman look at the Demo retain his seat. And I am very much obliged to my friend for haY <•ratic ticket , on which, or 011 part of them, he will find the word ing put the case so clearly, or enabling me to do so. '' ticket" in large letter·· followed by a large exclamation point. Now No~,Ihavearguod this question upon the reason of the law. I say I a k the gentleman what is the difference between a large scream that if the secrecy of the ballot was destroyed, (for these marks could ing exclamation point a a mark and a dash when simply used for be seen throu~h the ballot,) ancl any gentleman can see thn.t such th legitimate purpo~e of printing 7 is the case if ne will examine one of the tickets, and the testimony ~[r. ~TUCKER. I haYo not examined that. I did not notice the so shows, if the secrecy of the ballot was destroyed by the use of thi exclamation point. Ther wn · no objection made to those tickets class of ballots, then the reason of the law as well as its letter wa that I ha>e keard of. absolut-ely violated. ·Mr. R~""NEL The Democratic ticket has got a heading in large 1\Ir. RANNEY. Will the gentleman permit me one other question Y Jlrintecl letters, and aft-er it a large screaming exclamation point. Mr. TUCKER. Certainly. Wbat is the difference between them f The one is horizontal and Mr. RANNEY. I would ask ihe gentleman if the object of the law tbo other is perpendicular. was not to prevent an ignorant voter from knowing what his ballot 1\h-. TUCKER. I take the difterence to be this: here is a name, was, but to compel him to ask somebody else to read it and tell him, ': •. P. Nielson." There is a 1mnctuation mark-a period-after ea-ch how does that preserve the secrecy of the ballot 1 of tho initial letters. That i the ordinary mode in which the initials Mr. TUCKER. It preserves the secrecy of the ballot from all that of a name are kept apart in ordinary printing. the voter does not want to know about it. · l\lr. RAl-I"'NEY. Without a punctuation mark, a comma or semi 1\Ir. RANNEY.' The supreme court says that the object of that colon, it would be prlntecl a one name, like an Indian name. was to preserve the secrecy of the ballot; yet the effect of it was to ::\lr. TUCKER. I say whcne>er any punctuation mark usual in oblige the voter to disclose whom he intended to >ote for. 11riuting is used, nece sarily to indicate a distinction between two :Mr. TUCKER. My learned friend kno~ that· in this ca c it is ])art · of u, sentence, that would not be in my opinion a mark or shown, as in every other under this ballof system, tha.t a man yecy Nh·ice within the prohibition of the statute. often comes up and votes an open ballot. 1s that a void ballot! If ~Ir. RA.N~Y. Snppo e !l dash is used simply as a mark separat he choose to disclose it, as I always do when. I Yote, that does not ing the words f void the ballot. It is to conceal from anybody that the yoter does .Mr. TUCKER. But that is not the case here. I am not here to not choose to admit to his confidence the way he is going to vote. go into all the distinctions gentlemen may draw. I repeat, that the But my friend says the ear-mark is to be put on the voter, and he is :.u:gnment of the gentlem::m amounts to this: that if I admit that a to vote as his employer says he hall vote or he is not to vote at all~ XIII--215 3426 CONGRESSIONAL RECORD-HOUSE. APRIL 28, Now, a~ I have said, I have discussed this case merely upon the dam us should issue in that case to the commissioners of election, was reason oflaw. How does it stand upon authority! I think the au unquestionably within their jurisdi~tion. if thorities sustain the views that I have taken. But the authorities 1\fr. RANNEY. · ~he gentleman will notice the languarre of the ' elsewhere do not, how is it in the State of Mississippi t In the case court: ''The court of the State have nothing to. do With this mat of these very ballots the question has been distinctly tried and has ter." ·Hence, as I understand, the court does not undertake to de been adjudicated. cide the question in that case, but goes on to say in substance, "As I call the attention of :my learned friends on the other side of the there are criminal cases somewhere in the State that may possibly House to this fact, which they will find by reference to the record some time be tried, and in which the district attorney would like our ofthis judicial procedure, that the parties defendant demurred to opinion, therefore we express our opinion." I would like to know the petition for a mandamus on two grounds, and those two grounds how that is a decision in this case-how the matter is within the were the grounds which were decided by the court. It is true the jul'isdiction of the court, and whether the opinion given by the court subsequently made a decision on another ground. The two court is not obiter dictum. grounds that were stated in the demurrer to the petition for a man lli. CALKINS. The very point being that if this board under the dantus were the points that were :first decided by the court. The law was functus officio, then there was no proper party, and the court third point was the point which the court raised itself, and said that was without jurisdiction. Hence how could it pa-ss on the question Y they might have decided it upon that ground alone without going 1\Ir. TUCKER. I admit that at the time the rnandanttUl was sought to the other. to be brought to bear on the commissioners of election they were functi Mr. CALKINS. Right at that point I wish to call the attention officw. But the question was whetherthatpoint and two other points of the ~entleman to one fact, that the demurrer confessed the facts were not raised by the demurrer; and I say that upon the points stated m the bill. raised by the demurrer the court decided; and they decided that as Mr. TUCKER. Unquestionably; we all know that is the effect of the commissioners were functi officio there was no longer any ground a demurrer. upon which the court could give them any command to recanva-ss Mr. CALKINS. Before you pass from that argument perhaps you the vote. Still while this House is the judge of the election of its mi leO'al possession as gi>es him authority to prove them by his certifi I hurry to a conclusion, for this question will be discussed by other cate. But it is said, and I understand that is admitted by the report gentlemen, and upon these last two points more fully. of the majorit,y of the committee, that standing on that alone they Now, I put it to my friends upon the other side of this Chamber, could not gi·ve this vote in Issaquena County to Lynch. if we are to decide this case according to the law, if we are to count ~lr. CALKINS. No, yon could not. no votes but those which were leO'ally cast, cast according to the .Mr. TUCKER. Yon admit that7 statutory provisions of the law of ifusissippi, how can you count the Mr. CALKINS. Not on that certificate. votes that were excluded in Warren County, that were excluded in l\Ir. TUCKER. What else couldyoustandon 'i Upon whatothed Issaquena County, or that were excluded in Bolivar County, for the l\lr. CALKINS. Not standing alone. contestant f And if you exclude either one of them Chalmers is en i\Ir. TUCKER. Then my friend says, on neither leg could he stand titled to his seat. And bow can you avoid that except on the supposi alone, but upon both; when he could not stand on either, he could tion that these 2,000 votes would-really, if they had been legally cast, upport it on both. Upon what principle I suppose upon the prin have been cast for Lynch 7 We have no right to count any vote as ciple that two n~~atives make an affirmative, and two nothings make cast for either of these parties that was not cast according to the something. Well, now, sir, I say that the idea of giving a man a title law of Mississippi. Such a vote is no vote at all. We are not en to a seat upon this floor upon two pieces of evidence, neither of which titled to guess at what would have been the result of the election. is legal-- We are here only to determine who was elected by the voters who Mr. CALKINS. Both are legal. were legally entitled to vote, and who voted as the law prescribed · l\Ir. TUCKER. How legal 'i Had the chancery clerk the pos es they should vote. Count those votes and Geneml Chalmers is elect sion of the vouchers Y ed. And I ask on what ground is it that the Republican party of l\Ir. CALKINS. He says so. this House should exclude General Chalmers from liis seat when, :Mr. TUCKER. Why, do I understand my learned friend, the chair according to the law of the case, he is fully entitled to occupy it f man of the Committee on Elections, to saythat if! choose to certify ~Ir. Speaker, I thanktheHousefortheirattention and submit the that Mr. Chalmers had 2,000 votes in a county in Mississippi, and case as far as I am concerned. that 1\Ir. Lynch had only 1 vote, and that upon my own averment MESSAGE FROM THE SE...'{ATE. that I have the right to make that certificate, be will take that mere A message from the Senate, by Mr. SYMPSON, one of its clerks, ipse dixit of mine as legal f · informed the Honse that the Senate agreed to the report of the com 1\Ir. CALKINS. I do not like to take up the time of the House, be mittee of conference on the disagreeing votes of the two Houses on cause I know that other gentlemen wish to be heard in reference to the amendments of the Senate to the bill (H. R. No. 1049) to promote this case; but I will say to the gentleman from Virginia, if he will the efficiency of the Life-Saving Service and to encourage the saving permit me to interrupt him, that I do claim, by necessary inference of life from shipwreck. · under the law of Mississippi, that the circuit clerk is entitled to the The message further announced that the Senate had passed with possession of these papers by law. That, I hold, is a necessary infer out amendment bills of the House of the following titles : ence of the law. A bill (H. R. No. 5908) making an immediate appropriation for 1t-Ir. TUCKER. What law f the removal ofobstructions at Hell Gate, New York; and ~Ir. CALKINS. The code of 1880. A bill (H. R . No. 5352) to amend the laws with reference to elec ~Ir. TUCKER. Will the gentleman refer me to the section f tions in 'Vest Virginia. Mr. CALKINS. I cannot go further now, but I will come to that The message further announced that the Senate had passed a bill when I have the floor. · In this instance the circuit clerk and the of the following title; in which the concurrence of the House was chancery clerk are one and the same. requested : · 1\Ir. TUCKER. Where is the evidence of that fact 7 A bill (S. No. 1609) making an appropriation for continuing the 1\Ir. CALKINS. It is a matter of public notoriety just as much as improvement at Charleston Harbor. the fact is known that 1\Ir. Lowry is the governor of Mississippi. 1\fr. TUCKER. How is it, then, that the evidence is not sufficient 'i CO~STED ELECTION-LYNCH VS. CHAL."UERS. Ifthe gentleman says this clerk is entitled to have the returns, why Mr. ROBESON. 1\fr. Speaker, in the examination of this case I is it not ample evidence 'i shall endeavor to confine my remarks to a presentation of principles of law, upon which I conceive its settlement depends. These are le(J'al Mr. CALKINS. 1\fy friend knows the transcript of the custodian 0 of the Jlaper and the proper certificate prove that the papers are on ques~on~ rather than political, and depend upon the principles of file, and that is all the certificate proves. That gives a division of constitutiOnal rather than common law. In the discussion of them votes between the parties. The law says the commissioners shall we should bring to our aid all that we feel of attachment to law as the certify the vote ; one divides and the other certifies it, that is all. great safeguard of our liberties and all that we have of knowledge 1\Ir. TUCKER. The gentleman will :find that the tally-sheets of its great and governing principles. But we must be wise as well as Griggs certifies to are copies and not originals. There is not one of learned; a:J?-d we must not for~et iJ;l the discussion of gre.at principles these returns in this record that is original. These tallies are merely that there IS always a neutral regwn, where legal manms melt into copies, as I say, and not originals. You have not an original tally legal principles and where rules relax to admit the spirit of the law sheet. There is not an original return from Issaquena County which they are established to enforce. We should indeed be always careful he certifies to at all. Therefore the certificate stands upon nothing when we tread along that uncertain country, and should endeavor but his own statement that he is entitled to make the certificate, and t? mark our course and direct our progress by the great ideas which there is no law to prove it. lie at the foundation of the Government, which our action is in But, 1\Ir. Speaker, I shall hurry on, because I know that other tended to illustrate. Free government rests for its foundation on gentlemen will occupy the time of the House upon the other ques- the free expression of the people's will. Elections are the accepted tions raised here. · and legal methods through which that will is expressed and pre Now, sir, there is ·something else that is relied upon as sustaining sented. The machinery of elections, the re(J'ulation of ballots and this lssaquena claim, and that is the report of the secretary of state; ballot-boxes, of office1-s, lists, and records, the certifications of in but you will :find that the secretary of state says in the paper relied spectQrs, commissioners, and of governors, are the safe~uards of the upon that he does not give the votes that were cast for each of the free and fair exercise of that will and the p1·irna facie eVldences of its candidates at all. He only states the number of votes given at the expression and result. They furnish the prescribed and accepted polls; but as to the number for each of the candidates, they could primary evidences upon which, when uncontroverted, is determined not be correctly stated or ascertained. the question whether at the election a majority of the qualified voters Now, in reference to Bolivar County, I think the:I:e can be no diffi have cast their ballots for a qualified candidate. Unless the election culty; for there the votes that were thrown out, if, as is admitted is free it is no election, since it lacks its very essence. Unless it is by the majority of the Committee on Electioru;, they were properly c~mtrolled by the majority it does not fulfill the idea of representa thrown out, would give the election to Chalmers. And if this be so tive ~overnment. Unless there are officers who may primarily de the result will be 'as I claim, although I may be wrong on the first termrne who has received the majority there is no means of deciding two points. Now the only ground upon which the votes of Bolivar in the first instance that vital question. Unless they have the power County are sought to be counted is that the commissioners in their to judge and to certify we have no record of their decision. Unless letter to the secretary of state appended to their return give the this prima facie evidence, when controverted, is to be subjected to the reasons for rejecting them and give the votes that were cast, Demo great tests of legal judgment .and human reason~ then there is no use cratic and Republican. of higher courts to consider or superior tribunalS to decide. But they do not pretend to state that these votes were all cast for To preserve the purity of election, and to the end that the will of either Mr. Chalmers or Mr. Lynch. They say there were so many the authorized voter is not swallowed up and defeated by the action votes for the Presidential candidate, but whether these votes were of illegal usurpers of his power, qualifications are provided by con cast for the Democratic candidate for Congress or not they do not stitutional provision to limit and define the classes and the individ pretend to say; or whether the votes which were cast for the Repub uals in whom the elective power alone resides. Bvour Constitution lican ticket were cast for Lynch they do not state. In other words, it is provided that- • they do not say bow many votes were cast for Lynch or Chalmers. The House of Representatives shall be composed of members chosen every sec But then the ~entleman insists upon it that the statement of the com ond year by the people of the several States, and the elecrors in each State shall have the qualifications requisite for electors of the most numerous branch of the missioners reJecting the vote~ simply because they show how many State Legu!la.ture. votes wore cast, is a certificate of the votes cast for the candidates. In other words, that the negation of the votes that were cast out is By the fifteenth amendment it is provided that- t>o be taken as evidence that they were properly cast. How can such The right of citizens of the United States rovote shall not be denied or abridged a. ground be taken! ~i~ne 01J~~~~~~~~$ or by :my State on account of race, color, or previous con- 342 / CONGRESSIONAL RECORD-HOUSE. APRIL 28, These are the general qualifications fixed by the Constitution of questions, and left open to us without technical re trnint every the United States for the electors of Representative in Congress. avenue for the investigation and establishment of truth. ·w o turn to the State constitution of each State to det-ermine the 'Ve are a court, then, of high equity, proceeding according to legal g-eneral qualifications of these electors by finding the general qualifi-· processes to investigate truthS, the conditions of which are defined and cations for electors of the most numerous branch of the State Legis :fixed by constitutional law, but untrammeled and unregulated in the lature ; and those qualifications under the restriction of the fifteenth order of our processes or the application of the principles by statute amendment make the qualifica-tions of voters for Representath·es in or organic law. We are the highest court on these subjects known to Congress, which no law of the State can add to or take away from our organic law; to us an appeal lies from all other courts who have bv direct enactment or indirect provision. or assume jurisdiction of them; and for the settlement of them we ·Other clauses of the Constitution provide and :fix the qualifications have all the powers of all courts. In the exercise of these powers we of the Representative. The spirit of our Government embodied in may not make new principies of evidence, for we are to judge accord its general system and the provision of the Constitution which I have ing to the logic of human reason and in the li~ht of civilized know l just cited unite to :fix and declare the governing and essential prin edge, and these have accepted and fixed certam generalsanctionsof ciple that if a qualified Representative receives, at a constitutional or~anized inv-estigation which we ~ay not disregard. But as wear election, a majority of qualified votes, he is entitled to ·his seat. left free by our own Constitution, so we are untrammeled by t:ate These are the essential governing, immovable, unassailable condi laws or State machinery in the investigation of truth and in the tions upon which rest all constitutional elections. There is the seat application to the principles of evidence. We are not to make new provided by the Constitution; there is the qualified member; there principles, because those principles are a part of the common law· is the majori~ of the qualified voters-the qualified Representative established by the centuries of civilization, the fruits of which w and the qualified majority give the seat. '!'hat is the end to be at enjoy and in the atmosphere of which we live. But we are a htw tained, and we only attain the end of free government and accom unto ourselves when it comes for the application of the admitted plish the free representation which our Constitution guarantees to principles of evidence, when it comes to the la t text for the estab the people when we put in the seat of the Representative the quail lishment of real truth and the actual carrying out of the requirement tied man who has receind a majority of qualified votes. These are of the Constitution, whose creatures we are and whose principles we the great legal pillars of the Constitution: the great foundation sup are organized to execute. I do not mean that it is not safer and bet port upon which rests the structure of our Goyernment. They are ter for this House, acting as a court, to ascertain the right and estab thus the great objects to be reached. All else-and I hesitate not to lish it if possible by means of the ordinary rules for the investigation declare it a-s a legal proposition which cannot be successfully dis of truth practiced in the ordinary courts and accepted by the com puted-all else is machinery for the accomplishment of these essen mon people of the country. I do not mean to deny that; but I do tial objects; all other provisions, whether State or national, are for mean to say that when the truth is apparent or admitted we are not the purpose of guaranteeing fair elections, surrounding them with to be debarred from a-ccepting it and establishiJ;t~ it by the interven proper safeguards, preserving and recording the evidence, providing tion of mere technical rules of evidence or by me local decisions of for its proper attestation to afford the proper prirna facie evidence of rule-bound and inferior courts. Now, the governina fact of this ca their faimess and result. The great essential conditions, if I have is established, as I understand it, by the admitted fact of a majority stated and characterized them properly, cannot be overthrown or of 310 of qualified votes forJohnR. Lynch, found in the ballot-boxc "wept away by the yery means which are provided merely to preserve and returned by the inspectors. them. The spirit of the Constitutioncannot be lost nor the require Now, since this is so, I trust my friends will not "stick in the bark" ments changed or modified by the legal and technical provisions of this investigation, but will permit their views of this case to rise made to record and illustrate them. Therefore, all the machinery to the height of the great central idea for which the inYestigation 'Yhich lies between the e great landmarks is merely the machinery is made, and that th.ey will accept the fact that when the truth · of evidence provided for the purpose Of ascertaining and applying evident or admitted the rules to ascertain it are "functus," and th6 them and recording and proling the results of their application, and imperativ-e obligation is upon them to accept it and give to others they are in their nature subject to attack and to be overthrown by their constitutional rights and exercise for themselve their consti other evidence. Since they are p·irna facie merely, they satisfy the tutional duty. requirements of the law when undisputed; they fulfill the law when, What is endence! Evidence is that which convinces the judgment even though disputed, they are not overthrown. But when they are of the court, that which makes truth appear to the tribunal to which onrthrown, it is our duty to di reaard them and enforce the truth it is presented, and when it appears or is admitted to a oourt which a otherwise established: If, in the light of other and better evi has the constitutional power to do it, that court ha not oniy tlte dence, they are found ·wrongfully to deprive a member of his seat, power but the duty to disregard conditions which do not affect the the right of the member i · not thereby lost, but he has a constitu substance, to sweep away technicalities, to break through tmmmels-, tional right to it notwithstanding, and it is the swom constitutional to tread down formal rules, to accept the truth offered, and reach the uuty of every man who compose the court that decides the ques very right of the case, and execute that with our power. tion to consider and pa upon the evidence, and award the seat What l mean to express, and what is difficult of mere ordinary according to the result, upon hi own judgment. expression and clear understanding, clogged as we are by our common Let me repeat that propo ition. The constitutional requirements habit of ordinary and professicmallife, is that we must not fail t :.ne absolute; tho qualifications are absolute. The necessity for a recognize the essential truth of the case, because the very mean which. IDajority is absolute. Tho right of the elected man to his seat is have been erected to preserre and establish it stand between u and ab olute. ~ut all the machinery which intervenes between the qual its light. ified candidate, elected b the qualified yoters, and the constitu I can illustrate this best by a familiar fable. A simpleton in th tional seat is machinery for endonce only and is subject to be met Greek fable-and I would not of course apply that to my friend - a. and overthrown and destroyed, whether it be the result of force or simpleton, as is told in the Greek fable, meetin~ a friend, said to him, of :fraud, of intricacy or jgnorance. Who denies that proposition t ''Why, I heard you were dead." "But" saia his friend "you eo If any man can, I shall be glad to hear him. Let any who deny it I live." " Oh," said the simpleton, " th~t cannot be according to the take their stand fairly in the face of the Constitution of their coun accepted rules of evidence, for you are not competent to bear te ti try. These are the general principles. Now, how and bywhom are mony in your own behalf; and besides, I had the fact of your death. they to be applied t from better authority than you are." [Laughter.] By the fifth section of tho same Constitution it-is provided "that That is just where we come to, my friends, when we attempt to <·ach House of Congres shall be the judge of the election and re limit things which are true by the means which we provid for a. ccr turns and qualifications of its own members." That provision taining their truth. And that is exa-ctly what wo wonlcl do if w makes us the court for the maintenance and application of these denied his seat to the man who had the admitted majority of votes principles. If gentlemen de ire it, I readily admit that it makes ns cast at the election, merely because that majority wa lo~t or elimi a court with the duties and only the powers of a court of largest nated in tho proce esofproofwhichare byState law provid 1L for jurisdiction and la t re ort. I admit that we are to "judge." But its preserration and presentation. As I have aid, the qualification. we are a court limited only as fur as we are by express language of v-oters aro fixed by reference to State constitutions and definccl u~· limited at all by the word "judge" and tho objects to which our State decision , unless these arc clearly wron~, or absurd or incon j udgruent is to be directed. Still, wo are a court, and, though a court, sistent with tho requirement-s of the Constitution of tho Unitett of last resort and of highc t powers. A court of highest general State , or tend to defeat the very object of its provision or som of }JOWel"S known to the spirit of tho law in the atmosphere of which the provi ions of the laws which the General Go\ernment ha a right we live is a court of original and natural equity ; not a technical to make and has exercised its powers to make. court of equity, such as in the progress of commercial transactions There is but one law that has been made on thi ubjectbythe law :md business development bintl.s it elf to certain formal and tech making power of the United States. It is to be found in cction 27 nical and fixed rules and modes of evidence and proceeding, but an of the Revi e and the deci'3ions of Stat~ courts. If the State conrt is, as I ha>e said, might ha>e thrown it out. This court might have declared that the debarred from declaring any new test for maintaining the secrecy of statute was binding upon them and sustamed them iu tha.t act, but the ballot essential to its >nlidity, and is confined in its purview to would that ha-.e any bindinO' force upon this court, and depriYe an the question of qualification, which is left to the State by the Con honest voter of his right and an elected Representative of his seat f stitution, how can their decisions stand between t They them It would have been a cleci ion of the supreme court of Jl.Ii is ippi1 but selves declare their want of jurisdiction. If they had it, for any pur it would not have been bindin(J' upon us. '\'\Thy Becan e it doe pose, it was lost in the form of the action, since the commissioners not strike at the only e senti~ question which their State and it were fnncti ojficifJ. Their declarations and opinions were then clearly comi: are authorized to control, namely, the qualification of the law obiter dicta and of no binding force. And if they had binding force f~ ~lector .. I give you that as an illustration of the truth of my prop they did not declare the settled law of Mississippi, but were e:x post OSition, which seemed to trouble the gentlemen upon the other ide, facio to this case. And if theirs was a governing decision, in a case but the contrary of which will be found to be absurd bye>cry fair te t. of which they had jurisdiction, then it is the very decision we are Mr. HUTCHINS. Will the gentleman from New Jer ·ey allow me now reviewing, and we are of course not bound by it, since we are a question f about the very business of affirming or reversing it. Mr. ROBESON. Of cour e. Nothing stands between but the very machinery by which the Mr. HUTCHINS. Speakingofthismatterofthe regulation of the State laws provide for ascertaining this very majority. The machin ballot by State laws, and the power residing with Congres to alter ery provided for ascertaining and preserving the testimony which or annul any regulation made by a State; now, if a State choo e to should show to us and to all men this admitted majority avails to make that regulation, no matter how absurd, it being within our destroy it. An admitted majority of qualifj_ed voters did cast those power to correct it by statutory provision, would we.not be bound votes tor Lynch. And will anybody say to me that when that fact to it by acquie cence Y appears and is admitted that the very machinery which is provided Mr. ROBESON. We certainly would not in this case, for we have lJy law to show the fact shall be used to overthrow it 7 And that had no chance to cortect it. We are engaged in correctin[ it now. we, the court of last resort, with unrestricted power for the ascer Mr. HUTCHINS. Certainly since this act was pas ed con ne tainment of truth have not the remedy Y In other words, that we has had an opportunity to correct it; and by not doing so we ~ave shall not subject the p1-ima facie evidence which the State provides to acquiesced in it. If we had thought it absurd we would have cor correction by other evidence, to be supplied where it is found defect rected it. 'fhe Constitution provides for that; otherwise a Sta,te, ive, to be rectified where wrong, to be thrown out where fraudulent. or several $tates combined, could prevent an election. Who denies to us this right as a principle of Jaw 7 Why, if this be Mr. ROBESON. I hope the ~entleman from New York will under not so then our rights and liberties are so hed~ed round with tech stand my proposition. It is this. I will repeat it ngain: there are nical defenses thn,t the truth is lost in the intricacy of its own safe certnin things that are essential, in the face of which we cannot seat ~uards, and honesty and right have nothing to do but stand shiver a man though he has the majority of the lawful vote , but in the mg outside. absence of which we are net controlled by the requirement of tech Three htmclred and ten at least qualified majority received by the nical statutes nor governed by technical rules of evidence in arriv inspectors of election at the ballot-box, two-thirds of the inspector ing at the fact as to wheth.er he has received the majority of the Democrats, and aU appointed by a Democmtic governor, and that laWful votes or not. Besides this, I hold that for the purpose of majority by them r-eturned to the county commissioners. If that be maintaining the secrecy of the ballot Congress has acted, and the so, is not all that thrust between a II!ere contrivance and a fraud f State power over the character of the ballot for that pmpo e i Is it not all technically suggested, maintained, and defended to es gone. True, the qualification of the elector remains to the State, tablish a constitutional wrong? Who shall deny it? And are the as a matter to be fixed by the State constitution and laws, and per cho. en defenders of the constitutional right bound or authorized to haps, for illustration, by the State courts if they are not palpably submit~ \Tho shall give this proposition the sanction of his voicef wrong; but what other essential conditic.n is left for the State , 'Vho shall maintain it by the sGlemnity of his vote~ The constitutional right to his seat of the qualified Representative, But it may be said that some of the returns are defective. Let if he has the constitutional maJority of qualified voter 1 is the essen me, then, (leclare another principle of law which aentlemen will tial thing, but a right independent of State law. All, besides what not di'3pute, namely, that the absolute right of the honest voter to I have mentioned, is the machinery of evidence, of malregulation, have his vote counted when cast is never destroyed, when the fact call it directory if you wish, a legal term to characterize it, but which can be :pro-.ed by outside evidenc-e, on account of defective returns fades away before the sunlight of truth and hides its diminished of the election officials-- • head when confronted with absolute ri~ht. And th.n.t is the very· Mr. CARLISLE. Nobody contend that it can be; but it mu t be reason why we are constituted without limitation the judges of the proved by competent evidence. elections, qualifications, and returns of om own members, and why Mr. ROBESON. Undoubtedly it must be proved by competent it is left to no other tribunal. evidence. But let me, then, declare another ilrinciple oflaw which Mr. HUTCHINS. Now, if the gentleman will allow me to ask him may be important, and see if the gentleman will admit that, namely, a question here, because this is the very gist of this matter-- that these men who ~y law are made custodians of official proceed The SPEAKER pro tempore, [Mr. Bur..&ows, of Michigan.] Does in~s are competent to certify to the papers and facts in their cus the gentleman from New Jersey yield 'f tOdy, and that their certificates are competent testimony even in Mr. ROBESON. I am willina to answer all question , but the courts oflaw, without an express statute to make them so. gentleman from Kentucky [Mr. CARLISLE] is to follow me and! feel Mr. CARLISLE. You mean the officers of election may certify,. that I am occupying his time. Mr. ROBESON. I mean the custodian of public papers. Mr. HUTCHINS. We willsitlong enough to understand this thing. Mr. CARLISLE. The legal custodians. l\fr. ROBESON. I have no objection to hearing the gentleman' Mr. ROBESON. The legal custodians of public papers. question except that I think common courtesy to my friend from Mr.· CARLISLE. I agree with the gentleman. Kentucky obliged me to say what I have said. Mr. ROBESON. I ask the gentleman that question, because I 1\Ir. HUTCHlNS. The Constitution provides that the States shall admit the old la.w wa.s somewhat difficult to understand upon that prescribe the manner of an election. Congress has passed an act by point, since it \Yas often held that to make their certificates evi.dence which they have provided it shall be by ballot, so far as the manner . required a statute, not only making their attestation evidence, but is concerned. They leave with the States theform of the ballot, and a statute authorizing them to attest; but I say by the law of the e>ery State in the Union, without ·exception, or nearly every State country as it now obtains, declared by the Supreme Conrt and ad ! think every State-has prescribed that form. Now, in the absence mitted on all hands, it is now accepted that the attestation and cer of an act of Congress, no matter however absurd this provision by tification of the legal custodians of public matters is competent evi a State may be, Congress having the power to change it-in the ab- dence. I do not say condlusive, but competent evidence, though of ence of an act of Congress upon that subject why are we not bound course liable to be disputed or overthrown by other testimony. by the constitutional provision which leaves it within the power of Now, if what I have argued be true there is only one othor sugges the State to prescribe the manner? That is the point I want to get tion of difficulty between John R. Lynch's election and his seat a at. If a State says the ballots shall be of equal size and Congre a member of this House. The supreme court ,of Mississippi have acquiesces in that, and the Constitution says the Sta,te may prescribe declared that some 2,000 of these votes we1·e illegal because they had the manner, what right have we to overrule the State unless we have upon their face some printers' dashes, and these distinguishing marks a right to overrule the Constitution 'f they hold to be against the statute. Suppose the supreme court of :n.Ir. ROBESON. I started with the proposition which is the l\iississippi had jurisdiction, which they themselves say they had not, answer that I give to the gentleman, that, given the ~xed point from how c.ould its decision bind us in this case f These provisions are which we must start, namely, the constitutional majority, and the neither essential to the honesty of the vote or the principle of a point which we must reach, namely, the constitutional seat, allel eis secret ballot. Suppo e the Legislature ofMississippihad passed a law mere regulation or evidence which we may overcome by other evi that no ballot should be legal unless it had printed on its face a dis dence if it be not correct. avowal of the Government of the United States, would not that have l\fr. HUTCHINS. The gentleman from NewJer ·cywill notunder been a thing for us to di regard f I think so. Suppose that the Leg standme- islature should pa a law requiring some other not seditious but Mr. ROBESOX. I understand the gentleman thoroughly. I ridiculous condition for the ballot I pass now from the region of tbink- unlawful requirements and suggest that the Legislature should pro Mr. HUTCHIKS. The statute say the ballot h~Lll be printed in vide some ridiculous· requirements. Suppose it had required to have n, particular manner. How do you e cape that T printed on the face of the ballots some ridiculous or absurd or use Mr. RO.BESOX. I said before, and I ay again, that if it appears less or unessential qualifications to the >ote. These commi sioners to this Congress that an bone t voter, qna.litiecl to vote, has cast his ' 1882. CONGRESSIONAL RECORD-HOUSE. 3431 ~· . vote in fayor of a qualified candidate and that Yote elects him, it is because they say that the printers' dashes•after the headin~ and the sworn duty of this House, State provision or State laws to the between tbe names are distinguishing marks within the meanmg of contrary notwithstanding, to put him in his seat. the statute; but they have not thrown out any of these ballots, Mr. HUTCHINS. Then my friend takes the ground-- though the vote of a whole county was cast for Mr. Chalmers in this Mr. ROBESON. Yes, sir; I take that ground and all that it im form: plies. 1\lr. HUTCHINS. He takes the ground that although the Con Democratic-Conservative stitution provides that the manner of holding an election may be -prescribed by a State, if he does not think the manner prescribed is a correct one or one that ought to be observed, then he is the high court over all constitutional law who is to decide. TICKET! Mr. ROBESON. Not I, but the Congre s of the United State , which the Constitution has made the highest constitutional court in Fm· P'l·esident, this matter. Mr. HUTCHINS. That is to say, the Congre s of the United States is not to be governed by a provision in the Constitution. That is Winfield Scott Hancock. what the gentleman proclaims. Mr. ROBESON. All right, if the gentleman thinks that is the result of what I ha-ve to say. I do not so think. What I say is this: For Vice-President, that the "time, place, and manner of holding" may, as the law now stands, be fixedbytheState; that the time is absolute and the place is absolute, but that the regulations a to "manner" are mere regula William H. EnglisH.. tions of safeguard and evidence to provide the means for ascertain ing the result and providing and preserving the evidence of it, to For Electors for President and Vice the end that thee sential fact of a constitutional majority may have President, its legitimate, essential end aml result, namely, the constitutional seat; that to make the latter surely result from the former is the F. G. BARRY, purpose and object of all these regulations as to" ruanner," and that as regulations they are in their character regulations to make and preserve evidence, directory only in their provisions and prima facie C. P. NEILSON, in their resnlt, and liable to be corrected, supplied, or contradicted by other evidence, to the end that the very result that they are pro vided to preserve and prove may not be lost in the regulations pro C. B. :MITCHELL, vided to preserve and prove it. I trust that is clearly stated. I can do no better. If I have failed the fault is in me, not in my propo THOMAS SPIGHT, sition. Two questions only remain, which may be obje.cts of regulation by the State: fu'St, the general regulations to preserve the secrecy WILLIAl\I PRICE, of the ballot. If these be in their nature essential, which I do not admit, it cannot be denied that this particular object has been con templated and 'provided for by the United States itself, and that to WILLIAM H. LUSE, that extent and for that purpose section 27 of the ~evised Statutes is exclusive. l'Jut, second the State may fix the qualifications of voters. It has done so, and if the action of the supreme court of the ROBERT N. 1\ITLLER, States has any foundation at all it must be put on the ground that this ballot is a test of and fixes the qualifications of voters. JOSEPH HffiSH. The supreme court of Mississippi ha thrown out more than 2,000 of these votes given for Mr. Lynch- For' Member of the House of Repre- sentatives from the 6th Con R~nnnlican National Tick~t. gressional District. JAMES R. CHALMERS. For President., Look ali the heading in capitals and the" screaming" exclama JAJ\IES A. GARFIELD. tion point after the word ''TICKET." Which has the most distin guishing mark on iU It is a mark that may distinguish the ballot, --0-- but it will never distinguish the court. For Vice President, Mr. CARLISLE. Does the gentleman not know it to be a fact that a whole county voted for Lynch on the other ticket and was CHESTER A. ARTHUR. counted f Mr. ROBESON. I clo not care as to that. I do not complain when they were counted, but when they were not counted. Mr. CARLISLE. It shows the commissioners did not agree among For Electors for President and Vice themselves. President, Mr. ROBESON. But the supreme court say that the Lynch ticket was a false ticket. They do not say that the Chalmers ticket was ::t. RoN. WILLIAM R. SPEARS, false ticket, but the application of their principle would make it so. Now, ifLynch's vote is to bethrownouton that account, and weare RoN. R. W. FLOURNOY, held to their construction of the statute, why may we not, when we review the case, throw out the whole vote for Chalmers, which is ob DR. J. M ..B ·YNUM, noxious to the same objections on the very principles they themselves declare. But on what ground does this court assume to throw out RoN. J. T. SETTLE, these votes t I will read the ground stated if gentlemen will listen to me a moment. C.A.PT.l\1. K. MISTER, JR., The court says the statute provides that these tickets shall be unlawful, ''in order that intelligence may guide the electors in their DR. R. H. :MoNTGOMERY, selection," and not a mere device by which ignorance may be capti vated and be guided by some mere device or mark by which they JUDGE R. H. CUNY, should distinguish the ballots they were to use in the process of elec tion without a knowledge of the names of persons for whom they RoN. CHARLES W. CLARKE, cast their votes, so that "ignorance and. blind party devotion might not be led to the adoption of ballots by the guidance of some marks ---0--- and devices, as to which they were instructed by their leaders, and which, instead of intelligent comprehension of whom or what they For Memb&r of the House of Rep'resen are casting their 'ballots for, should determine their selection of tatit'es f 'rom the 6th Oong·ressiona.l ballots to be cast." That isJ "all would be alike, and the advantage D·istt'ict. of one party over another should not consist in tickets, but the bal lots mu t ue selected, not by dences and marks, but because of the JOHN R. LYNCH. names to be voted for." I 3432 CONGRESSIONAL RECORD-HOUSE. APRIL 2 Now,· I would like my friends to pay attention to this proposition. .ive, energetic not only, but might be ambitious also· t.hat every They say, "How will yon question the action of the supreme court of man might ha>e behind him the inspiration of the !!Teat idea which the State of Mississippi f You are bound by it." My friends will ha.s made the progress of the world, that he might have encour~e hardly say we are bound by it in this case, when "WO are sitting in ment to struggle t-o lift himself from ont of the condition in wh1ch review of it. It is the very case that we are reviewing. And if we he found himSe~ and rear his children in a condition better than are a court of review, we certainly are not bound by a decision of his own. · the court which we are reviewing. All that there is or haa been of progres in the world since the It is not the settled law of Mississippi which gives notice to voters, world began depends upon that one principle which incites and en and their disobedience of which may seem to be a willful defiance courages the individual to strike for himself and for his posterity, of law, or a fraudulent attempt to evade it; it is ex post facio of this which inspires and invigorates every feeling of the heart and every case. Why shall we not review it, if we cho8se ~ The Supreme faculty of the understanding until the struggle, sacrifice, and achie>e Court of the United States holds, and it is sound law, that generally ment of each individual becomes the progress of the nation and the that court is governed by decisions of State courts on State laws elevation of the race. My friends, the lesson of history is sure ancl and questions. But it has happened in the past, and will happen in should be heeded. Wherever a.n insulting and impassable barri r the future, that the occasion will arise when they "will refuse t-o shuts up the career of popular ambition, there all the energie of sacrifice truth, justice, and right, because a State tribunal has erected character are repressed a.nd extinguished. . the altar and demands the sacrifice." For t.hese reasons, Mr. Speaker, we gave them these right under the But the decision which I h..'\ve read is wrong, ridiculously, uncon Constitution of our country; and for these reasons we will maintain stitutionally wrong, even upon the ground upon which they place it, them.z.. State machinery, Stat-e laws, State decisions, State chicanery, the ground of intelligence. They have no authority to apply any a.nd l::ltate wrongs to the contrary notwithstanding. There is the test of intelligence as to the qualification of the voter. By the eight seat of the Representative fixed by the Constitution of the United eenth section of the :first article of the constitution of ~fississippi, States; there is the qualification of the member fixed by the Con to which we must appeal for the purpose of :fixing the qualification stitution; there is the qualification of the elector :fixed by the Con of voters, it is provided that "no property or educational qualifica stitution; aml when it is admitted or is apparent to our perceptions tion shall be required for any elect-or." And yet this court, driven or our reason that a qualified man has received a ma,]ority of quali to the wall, as the only ground upon which they can rest their de fied votes, by that light we will be guided through the intricacy cision, as a question of qualification, say in effect tha.t this test of the of State provisions till he enjoys his own and the country h::ts her statute is a test of qualification, because it tests the intelligence of elect-ed Representative. By these broad principles we must.be guided the voter, and &1ve that effect of the law because they say he must for the maintenanc-e of constitutional rights and national integrity, be able to discnminate between tickets by being able to know and and I declare them now and here, not only for the encouragement understand the names that are upon them. Then they give effect to of tho e who would be oppressed by their disregard, but as notice the law as imposing a new educational qualification in the very face and admonition to those who may eek to antagonize and defeat of their constitution. them. [Loud applause.] I say, therefore, that this decision of the supreme court of the State l!r. SPEER. ~h·. Speaker,myvote in thiscaseiscontrolledsolely of .Mississippi is not only ridiculous on its face but that it is abso by what I am convinced is the law. :No sense of party obligation lutely and absurdly in violation of the constitution of that State has any weight with my opinion. I have listened attentively and unde1· which it exists, and the law of the State which it attempts to with impartial attention to the discus ion and it seems to me that a execute. Shall we not reverse it f To sustain it would be a wrong very b1ief statement will sustain my conc].usion, whic4 I am con t-o the free people of 1t1ississippi, whose rights it.would invade; an scious is candid and sincere. It is conceded that to unseat General insult to the jurisprudence of the country whose principles it reck Chalmers and to seat l!r. Lynch, i 2d. That the marks on the ballots for -which it is e1ai~ed they shonlil be rejected much elaboration of argument from the bench that the tickets were a.ro mere printers' dashes, and are not such distingui!!hing marks a.s were contem. plated by the statute. illegal and it was the duty of the election officers t-o reject them. :Kow, The court sustained the demurrer a.nd dismissed the petition, and the petitioners to recur to the original rule invoked. If it be the duty of Congres ~pealed to this oourt. The provisions of the eleetion law, code 1880, bearing to esteem the judgment of the supreme court of a. State on the con directly upon the questions involved in this case, are these: struction of a. statute of that State as to its intent, meaning, amt SEc. 137 • .All b:illota should be written or printed in black ink, "With a. space not less than one-fifth of an inch between ea.ch name, on plain white printing newspa effect as conclusive, then this question is concluded, t he vote' can per, not more than two and one-half nor less than two and one-fourth inches wideJ not be counted, and General Chalmers cannot be unseated. without any device or mark by which one ticket may be known or distinguishea Sir, I have, as I think, nothing to do with the impolicy of thi . from another, except the worib a.t the head of the ticket; hut this shall not pro llississippi law. I do not like it, but other States have the same law hibit the erasure, correction, or insertion of any name by pencil mark or ink upon the face of the ballot ; and a. ticket different from that herein prescribed shall not A statute almost identical is to-day the law of Ohio: be received or counted. SEc. 2948 • .All ballots shall be written on plain, white paner, or printed withe Campbell, J., in delivering the opinion of the court, said: black ink, with a space of not less than one-fl.!th of an inch between each nam{', on plain, white, news printing-paller, not more than two and one-half nor less than We think the effect of seetion 137 of the code of 1880 is to condemn as illegal, two and three-e1ghths inches WJde, without any device or ma.rk by which one and not to be received or counted, e~ry ballot which has on ita back or face any ticket may be known or distinguished from another, except the words a.t the heacl device or mark other than name of per ons by which one ballot may be distin of the tickets, and it shall be unlawful for any person to print for distribution at guished from another. 'Ibis statute does not oondemn devices or marks on the the polls, or distribute to any elootor, or vote any ballot printed or written con· outside of a ballot merely, but clearly embraces the face of the ballot as well. trary to the provisions hereof; but this section shaJl not be considered to prohibi • That is apparent from the exce~tion oontained in it, and a. device or mark on the the erasure, correction, or insertion of any name by pencil-mark or with ink up(~. face of the ballot is as much Within what we suppose to have been the objoot of the face of the printed ballot. (71 v. 31, 2.) this provision as one on the outside or back of 1t. It is apparent from the pro g vision that its object is not only to preserve secrecy as to what ballot an elootor It is sufficient for me to know that the supreme court of Mi , i' casts, which is the leading idea of st.a.tutea in orne other States, which prohibit any device or mark on a ballot folded which betrays the ecret of the voter; its ippi rejects these ballots. It is the policy of our Government to obJect is to secure absolute uniformity as to the app arance of ballots, in order o-ive the greatest sanctity to such decisions of such courts on que. that intelligence may guide the eleetors in their selection, and not a mere device tions properly belonging to their jurisdiction, and to-day thero are or mark by which ignorance may be ca.ptivated. The legislature was trying to pending before committees of the House and Senate proposition to prevent multitudes from "being voted," and being ~rnided by a mere device or mark by which they should distinguish the ballots they w-ere to use in the proce s amend the law relating to the election of President and Vice-Pre"i without a knowledge of the names of persons for whom their ballots were being dent, and in either bill it is proposed to make the supreme law .comt cast. · of the State the tribunal which shall decide the validity of the elect Elections are a contrivance of government which prescribes who are electors oral ticket, and that decision should conclude Congress as to thu and how they may express their will, and it is a. legitimate exercise of power to prescribe the description of ballots which shall be used. Section 137 of the code count. This is clearly illustrative of the importance conceded f{) of 1880 uoes this, aml requires all ballots to be written or printed with bla-ck ink, the judgments of the State courts. I hall not attempt to multiply with a. minimum pace between namea, on plain white news printing-paper of a reasons, when I have given the controlling reason, but I will say tb:l t certain width, and without any dc>ice or mark by which one ticket may be known if the election officers improperly rejected these ballots, and failed or distinguished from another, &c. ; and it declares that a ticket different from that prescribed shall not be rooeh·ed or counted. Considerations of policy dictated to include them in their returns, they were subject to indictment the description of ballots prescribed, and it was deemed of such importance to se and conviction in the Federal court. They were so indicted, they cure an ob, rvanco of the requirement that it is declared that ballots not conform were tried in the Federal court of that district. There was nodi · ing to t.he description prescribed shall not be rooeived or counted. It would have been oompetent to impose a penalty on the circulation or use of pute as to the fa{3ts, and yet under the charge of the Federal judg<' such ballots, but the means by which their nse is sought to be prevented is the they were acquitted. So it appears that both the supreme court of rejection of the ballot when o:tlered or from the count. It is not penal for an elector the State of ~lississippi and the Federal cotll't of that district hav to use a ballot dilierin~ from the legal pattern, but it shall not be counted, and passed upon these ballots, and they both held that it was not a Yio thus he fails to express nis will through such an instrumentality. If the device or mark is external and observed by the inspectors they should not rec~ive the lation of the clect.ion law of the State to reject them. ballot. If it is r ceived, and on being opened is discovered to be of the kind con Mr. Speaker, these are my convictions, and it is a part of my pu h demned as•illef«al, it is not to be counted; but if the inspootors count such ballots lic duty, as I see it, to vote in accord~n0e with my eonvictioJlB. It in disr~ard o law and their duty, the commissioners of election assembled at the does not receive :my attention that the contestant is a. colored mau court-bouse, with tinle and opportunity afforded to scrutinize and oorrect as far as may be done by the data. fmnished by the face of the returns, without a. resort to and the contest-ee a white man. If the positions of the two gentle evidence aliunde, hould rejoot, as the inspectors hould have done, ballots which men were reversed I should vote as I do now. \Vas not the law a.· the law says shall not be counted. The ouly safe guide as to what ballots are ille it is I should not hesitate to vote fer ~Ir. Lynch on this conte t. l gal becau e of de>ices or marks is the st.atute. It excludes any ma.rk or device by am satisfied that the future of the South, the security and bappincs:. which one ticket may be known or distin!mi bed from another. A distinction be tween ballots by means of dences or mar1.:s instead of by means of tho names on of society, and the great promise of material prosperity which i~ them is what the st.atute aims to prevent, and we are not at liberty to confine the ex1)anding before the eyes of our people, depend largely on exa.ct broa State are to proceed according to the law in holding the election. I tions, after all the labor it could bestow on this case, after every op cannot refrain from saying here that I can have no more sy~pathy portunity had been afforded to the contestant and contestee to pre with an ar!!11ID.ent intended to show that we are not bound by the pare and present their testimony and to be heard by themselves or law in deciding questi0ns of this kind presented for our consideration by counsel, come into the House with a report which declares, as the than I have for an argument intended to show that the people of the only proposition in which that majority could unanimously concur, several districts and the election officers in those districts are not that the contestant was elected by 385 votes and no more. In order bound by the law in the performance of their duty with reference to to reach that conclusion the committee was obliged to give its as ent this matter. to five separate and distinct propositions, no one of which can, in We are not only bound in my judgment to consider and decide my judgment, be maintained. In the first place the committee was these questions according to the law, but we are under every obli compelled to hold that it would not be bound in this case by the de ga.tion as a matter of ri~ht and justice to decide them according to cision of the supreme court of Mississi PI?i declaring the meaning and the law as previou ly aeclared, whenever the law upon any given effect of a statute passed by the Leg1sla.tm·e of that State. The subject has been previously declared. Of course, in all those ca.ses chairman of the Committee on Elections I see apperu·s to dissent from where questions are presented not provided for by previous legisla this statement, but I have been careful to limit it to the declaration tion or previous judicial decisions, we must apply to them such prin that the committee would not in this particular case be bound by ciples of right and justice, and such general rules ofla~ and equity, that deci ion. as we think proper under the circumstances. l\fr. CALKINS. I do not want the gentleman to labor under any The gentleman from New Jersey declares that this House, in deter misapprehension as to the committee. The position is not stated a minina the elections, Tatums, and qualifications of its members, is a it was agreed on in committee. The majority of the committee law u~to itself. I submit to him that this is the very definition of agreed that this is not a decision of the supreme court of 1\Iis issippi .n.rbitrary power-the absolute, arbitrary right in the exercise of an at all. inhert!nt power in the House, if I understand his argument, to Mr. CARLISLE. I was not undertaking to state the reasons of or device which is prohibited, but makes it a simple question of fact: And I call attention to the further fact that there is the sworn bill Has the ticket such a mark or such a de·vice as will enable a person in chancery. to distinguish one ballot from another t Now the Legislature does Mr. CARLISLE. On page 96 ofthe record! not allow a printer's mark, if it be such a markms that, any more Mr. CALKINS. Yes, sir. than it allows an eagle or a flag. There are many marks used by Mr. CARLISLE. On page 96 I :find a certificate from 0. Dati , printers just as well calculated to distinguish one ballot from another chief supervisor, in relation to the election in Coahoma County, and .as any device that gentlemen can imagine, and the marks or dences at the bottom of the page I find a certificate from 0. Davis, chief used in this instance certainly came within that category. supervisor, in relation to the election at Holmes Lake, in Bolivar But I said that I would not dwell upon this subject, because you County. And I have not said anything about Holmes Lake. may count every on e. of these marked ballots ; the 2,0:29 marked ballot Mr. CALKINS. I beg pardon of the gentleman. The certificate which were excluded from the computation by the couunissioners of refers to all precincts; Rosedale, Australia, Concordia, Terrene, Beu Warren County may be included in the computation here, and still lah, Glencoe, Grange Hill, Tupper's Store, and Boli.-ar Landing. General Chalmers is elected, as I shall proceed to how. Mr. CARLISLE. Where is that! Another pi:oposition f&und by the committee, in order to sustain 11.fr. CALKINS. That is in the middle of the page. its conclusion that the contestant was elected by a majority of 385, Mr. CARLISLE . . I must say in response to the gentleman that thi is that there shall be counted 503 votes for Lynch and 75 votes for had escaped my attention entirely. I examined the index very care ·Chalmers .from two J?recincts in Bolivar County, although no returns fully for reference to the certificates of chief supervisors and I found, whatever were certified from either of these precincts by the offi as gentlemen will ascertain by referring to it, that there is in the in cers who held the election, and there is no legal evidence that either dex no reference to the certificates of chief supervisors from the of the candidates received a single vote at either of them. I know precincts mentioned. I will come after a while to discuss the que - this is a very broad statement, but I think that an examination ot tion whether or not the certificates of supervisors in country district , the record will satisfy the members of the House that it is correct. as they are called, (being districts outside of the cities and towns On page 15 of the record will be found a statement made by the which contain a population of20,000,) are evidence under the statute. commissioners of election for Bolivar County and transmitted to the The majority of the committee itself does not :find that such cer-· secretary of state, in which they say: tificates are legal evidence and does not allude to them in this report. We have thrown out the Australia precinct box, 30 Democratic and 192 Rellubli So far as the report goes it places this vote alone up Mr. MABON. Will the ~ntleman :permit me to a k him a ques Elections., the gentleman from Indiana, [Mr. CA.LKlli ,] claims any -tion! such thing. Mr. CARLISLE. Certainly. 1\Ir. CALKINS. I do not. · Mr. MASON. Did the inspectors of electioll8 Dl!lke returns to the Mr. CARLISLE. It has been claimed, not by the gentleman from -<>o mmissioners of election in these three precincts' Indiana, but by the gentleman" from Tennessee, [?tlr. PETTIBOl'I""E,] Mr. CHALMER . There is no evidence that they did. who opened the discussion on the other side of the House, that the .Mr. CARLISLE. I will state the facts. The commissioners in certificates of the supervisors are competent evidence• -their report to the secretary of state, as I have just read, state that Mr. Speaker, there were originally two statutes upon this subject. 1hey sent up to them the returll8 : There was the act of February 28, 1871, which provided for the ap We find 75 votes reported by the coiillilissioners and clerks of election at this pointment of a chief supervisor of elections and for the appointment, J>recinct, and we find in the box 71 votes and 4 ballots in which all the names upon the application of two citizens, of other supervisors to be pres -were scratched. We do not find any separate list of name-s of the >oters in the ent when the election is held. This law applied only to cities and box :lB required by section 139, Revised Code of Miasissippi. towns having a population of 20,000 or more, and it ga\e to the Now, my friend from New York will see that the commissioners supervisors in those places the power to be present at all times when -did not say whether the inspect.Ors or clerks of election ha\e certi elections for members of Congress were to be held, and the power to tied anything to them or not. They do say that they find seventy scrutinize and count the vote and to certify to the chief supervisor ti-le votes reported by the commissioners and clerks of election, but of elections all such facts in relation to the election as that officer .nothing else. In whut form they were reported the record does not might require them to certi(y. It gave to them the power to arrest show, and I do not know, but the reason given by the commissioners for violations of law, with or without warrant, the same power as for the rejection of the vote was that the returns were not accom was given to the marshals. ~a.nied by the separate list of votes in these three precincts. In 1872 that statute was amended, and the Unit~d StatQS circuit }lr. MA.SON. That is under section 139. courts were authorized to appoint supervisors of elections in districts .)h-. CARLISLE. Yes, sir. Now, as I said before, it does not ap outside of cities and towns having a population of twenty thousand pear from this statement for whom these \otes were ca.st. It does and upward. They were authorized to appoint these supervisors, not not appear for what office they were cast. There is a simple state upon the application of any two citizens, as was the case with refer ment that they found in the box so many ballots, and that the com ence to the others, but for any county or parish or-district upon the missioners and clerks sent a return showin~ 75 votes, without saying application of any ten persons who might ask for the appointment. whether they were all for one side or all for the other. Then there But it was expressly provided in this act of 1872 that the supervisors is no evidence to show for whom they were cast. The;y did not appointed under its authority were simply to be witnesses of the >t"ount them. They said they could not count them. casting and counting of the vote and the making of the returns. I Mr. CALKINS. Tho commissioners of election said they would will read the whole provision presently. All the confusion, if there uot count them. is any confusion upon this subject, arises from the fact that the pro :Mr. CARLISLE. I say so. But the majority of the Committee on visions of both these acts are compiled and printed together in the Elections count them, not upon the returns as they appear from the Revised Statutes. In some sections we find provisions taken from b ox, but upon the certificate of the chancery clerk that he finds in both the original acts, while in other oases we find entire sections in .that office in Issaquena County certain tally-sheets which he certi the Revised Statutes taken altogether from one of the acts. fied, and which are put into this record as evidence. How they got If there were any legal difficulty in construing these statutes we into the office of the clerk of the chancery court nobody knows. have 'the authority of the Supreme Court of the United States for Then here are these alleged tally-sheets. Gentlemen will find them saying that it is not only our right but our duty to refer to the orig on pages 89 to 95 or 96 of this record, showing the number of votes inallaw and see how the matter stood at the time the revision and cast. The commissioners make no return of these votes on which a compilation was made. This is what the Supreme Court said in the -count can be based. case of the United States vs. Bowen, in 10 Otto: Mr. RANNEY. They ~rrreed with the supervisors' report. Counsel for Gi>>ernment admitting th:lt it Ir. CARLISLE. Not exactly. The commissioners say they find Speaking of a statute- A20 ballots in the box at the Duncansby precinct. If you look at a-dmitting that it has no longer any force independently of the section of the :this tally-sheet we find there were oltiy 417. revision which we are called on to construe, insist that a resort may be had to the l\Ir. HORR. Are they not substantially the same. law which was the subject of revision to interpret anything left in doubt by the Mr. CARLISLE. There are the papers to show for themselves. language of the revisers. How they got into the chancery clerk's office we have no means of This principle is undoubtedly sound, and where there is a substantial doubt a~ knowing, for there is no law which authorizes him to keep or certify ~ ~o==f. o~t~}i:~lies~:~ t~:~~i~e~~o~~~~ 1! a.vf;!ti~~ld:~~~ ihe papers. Gentlemen simply assert that because the papers which tion of the statute law on the subjects which they embraced onE! 1st day of De· he certifies are substantially alike, or because in some respects they camber, 1873. When the meaning is plain the courts cannot look to the statutes whi.ch have been revised to see if Congress erred in that revision, but may do so -.correspond with the returns of the commissioners, they are the same. when necessary to construe doubtful language nsed in expressing the meanins of It might have been sufficient if gentlemen had taken oral evidence Congress. If, then, in the case before ns, the language of section 4820 was fatrly .to prove that these were the genume tally-sheets; but the only evi susceptible of t.be construction claimed by the Government, as well as of the oppo -dence to support the.xp. is the certificate of an unauthorized officer. site one, the argument from the provision of the statute as it stood before the If he has any authority, my friend from Indiana can show it to the revision would be conclusive. House when he comes to make the argument. Let us look now at those statutes as they stood before the rension, Mr. CHALMERS. Will the gentleman pardon me for interrupting a revision which the Supreme Court declares must be l!teld to contain him t There is no evidence in the record to show they were the the law as it stood in December, 1873. pa~rs sent up by the inspectors. l\Ir. RANNEY. Will the gentleman allow me to call his attention l\Ir. CARLISLE. I have said so. to this point 7 Does he wish to be understood as saying that both Mr. CALKINS. What is not objected to is admitted. The only those sections as they stand in the Revised Statutes are not to be ·@bjootion is they are not certified to by the circuit clerk. The gen- construed as they stand there; and whether, as the construction of tleman is making a technical objection now. a particular section, this particular matter skall not stand as the law bh-. CARLISLE. I am not. I am making a legal and substantive on the statute-book 7 · -ebjeotion; that they come from a place where they had no right to Mr. CARLISLE. In the case to which I refer, my recollection is, be. I have already said that the clerk of the circuit court eyen had although my attention was not directed particularly. to that point, no right to certify those papers. that the question was a-s to the oonstruetion of a single statute which The SPEAKER p1·o tempo1·e. The time of the gentleman has ex- had been revised and incorporated into the Revised Statutes of the pired. United States. Mr. CARLISLE. I will not trespass longer on the tsi.me of the Mr. RANNEY. Does not the :first section of that statute, in regard Honse; but I desire simply to say ~his-- to supervisors, apply to country and city supervisors f And in re- ~Iany MEMBERS. "Go on!" gard to the subsequent section to which reference is made both must )Jr. CARLISLE. In ten minutes I can say all I wish to say in stand together. relation to the que tion of the competency of the_super\i ors' cer- Mr. CARLISLE. I am willing, for the purpose of this discussion, tificate : to tre.at this entire title of the Revised Statutes of the United States Mr. ROBESON. You can ha-ve unlimited time. as one statute; :md I think no lawyer who examines it can hesitate ::\Ir. MOULTON. Go on and elucidate that point . a moment as to its meaning. Surelythat is as fair a method of treat- The SPEAKER p1·o tc:mp01·e. The Chair hears no objection to the ing it as any gentleman can ask. tim of the gentleman from Kentucky being extended. Now, let us see. I have already said thatthe~e were certain super- Mr. CARLISLE. Tho fact has been disclosed since I began my visors of election who not only had the power but whose duty it was r emarks thatastothetwo:precinctsinBolivarCounty,Australia and under the law to certify, upon the requisition ofthe chiefsupervis lJoli-var precincts, there are in the record, in addition to the state- ors, any fucts that may ha\e occurred affecting the fairness or legal ment made by the commissioners, certificates from the United States ity of the election or the \ote that was cast at the election; and I , npervisors of election; and, as I understand, it is claimed now, have said that those were only the supervisors who were originally although it is not claimed in the report, that these certificates are provided for by the act of 1871, and that the act of 1872, either by l ~al i.ru:!.1oruments of evidence in this case. itself or taken as it stands here in connection with the other, has not l\Ir. ATHERTON. I would like to interrupt tho gentleman long altered or ohano-ed their powers or extended their duties in the ~uongh to &'\y that I do not think the chairman of the Committee on I slighte t re pccf. The section of the statute which relat-es to the • 3438 CONGRESSIONAL RECORD- I{OUSE. APRIL 28, certification of facts and votes by the supervisor is section 201 , ti(}n that the GoYernment would have reliable witne ses from each which I will read: party present at the election to testify afterward, if any question To the end that t>ach candidate for the office of Re~resentati\e or Delegate in should be raised as to the legality and fairness of the election. Congress may obtain tht? bent>fi~ of evt;ry vote for him cast, th_e _supertisors of 111r. Speaker, this is all I desire to say. I am very much obliged election are and ea 11 of tl1em 18 reqrured to :personally scrutimze, count, and canvass etu:h ballot in their election district r Yoting precinct cast, whateYer may to the House for extending my time. If I could have obtained the be the indorsement on the ballot, or in whatever box it may ha\e been placed or floor at an ea,rlier hour it was my purpose to discuss some of the be found· to make anll forward to the officer who. in accordance with the pro other questions in the case; but I think it a matter of justice to the visions of section 2025, has been designated as the chief supervisor of the judicial House and my elf that I should not now occupy the floor longer. district in which tile city or town wherein they may serve, acts, such certificates and returns of all such ballots a such officer may direct and require, and to attach l\Ir. CALKINS. Mr. Speaker, I now, in accordance with the un to the registry-list, and any and all copies thereof and to any certificate, state derstanding had this morning, move the previous question; and I ment or return, whether the same, or any part or portion thereof, be required by shall follow that with a motion to adjourn unless the gentleman any l~w of the United State , or of any State, Territorial, or municipal law, any from Wisconsin [Mr. CASWELL] desires to submit the report of :1 statement touching the truth ?r accuracy o~ the registry, o~ the tru~h or fairness of the election and canvass, wh10h the supemsors of The election, or e1ther of t11em, committee of conference. may desire to make or attach, ol' which shoul 1882. CONGRESSIONAL RECORD- HOUSE. Mr. CALKINS. Ihaveno objection; Imerelywanted to carry out HOUSE OF REPRESENTATIVES. the agreement. E:XROLLED BILLS SIG~""ED. SATURDAY, April 29, 1882. Mr. ALDRICH, from the Committee on Enrolled Bills, reported The House met at ele>en o'clock m. Prayer by the Chaplain, Rev• . · t hat the committee had examined and found truly enrolled bills of F.D.POWER. . the following titles; when the Speaker signed the.same: The Journal of yesterday's proceedings was read and approved. A bill (H. n. No. 5352) to amend the laws with reference to elec tions in West Virginia; and :.\IESSAGE FR0::\1 'I;HE SEXATE. A bill (H. R. 5908) making an immediate appropriation for the A message from the Senate, by Mr. SDIPSO~, one of its clerk , remo, al of obstrucAons at Hell Gate. New York. announced that the Senate had passed, with amendments in which.. LEAVE OF ABSEXCE. the concurrence of the House was requested, bills of the following titles: By unanimous consent, leave of absence was granted as follows: A bill (H. R. No. 2938) for the relief of Thomas Evans; and To Ur. PHELPS, for two weeks, on account of sickness in his fam- · A bill (H. R. No. 5804) to execute certain treaty stipulations re ilv; anu lating to Chinese. 'To Mr. HOBLITZELL, for to-morrow on account of important busi ness. PLATE-PRINTL~G PRESSES L~ TREASCRY DEP A.RT:llENT. The SPEAKER. The question is on the motion of the gentleman l\lr. ROBINSON, of Ohio, by unanimous consent, submitted the from Pennsylvania, that the House adjourn. followinliresolution; which was referred to the Committee on Bank lli. CALKINS. I hope there will be no objection to the motion. ing and t;ui'rency : I understancl that gentlemen on the other side wish the use of the Resolved, That the Secretary of the Treasury be, and he is hereby, requested to Hall to-night; and it is a matter of common courtesy that they report to this House, in addition to the information already requested of him in the matter of work done on steam~power plate·printing presses in the Treasury should have it. Department, the original estimate of the cost of saidmachlnes now in use, together The motion of Mr. RANDALL was agreed to; and accorilingly (at with their actual cost; detailed statement of all repairs and all other expenses :fi\e o'clock and fifteen minutes p.m.) the Hou e adjourned. thereon; tbe number of such presses now in O.(leration; the number of impres sions printed on the several presses during their operation up to date, and the actual cost of such work from every cause ; together with copies of all official re PETITIONS, ETC. ports made on said presses prior to and since their introduction to the Depart The following memorials, petitions, and other papers were laid on ment. the Clerk's desk, under the rule, and referred as follows : P. F. LOXERGA...~. By Mr. BAYNE : The resolutions of the Coal Exchange of Pitts 1\Ir. BUCKNER. I mo>e by unanimous consent that the Commit burgh, Pennsylvania, indorsing and urging the passage of the bill tee of the Whole House on the Private Calendar be discharged from relating to the construction of bridges across the Ohio River- to the the fnrther consideration of the bill (H. R. No. 4704) for the relief' Committee on Commerce. ofP. F . Lonergan, reported as a substitute for House bill No. 2984, By Mr. BRE,VER: The petition of Addison, Gage & Co. and and that it be put upon its pa sage. others, for an appropriation for the improvement of the Kinkora The bill was read, as follows: Creek, Burlington County, New Jersey- to the same committee. Be it e-nacted by the Senate and House o.f Representatites of the l!nited States of By Mr. BUTTERWORTH: The petition of James Cullen and 10 Ame-rica in Oonpress assernbled, That the Secretary of the Treasury be, and be is others, manufacturers of Cincinnati, Ohio, protesting against the im hereby, authonzed. and directed t{) investigate the claim of P. F. Lonergan, or Pike County, Missouri, for the sum of $646.48, bein~ !be amount of income tax position of a tax on oleomargarine butter- to the Committee on alleged to have been unlawfully collected of him on n.is sal~ and compensation. Ways and :Means. as sheriff and collector of the county of Pike, in the State of Missouri ; and in case· By Mr. CALKINS: The petition of Hon. James S. Hinton and be shall be satisfied that such claim, or any part thereof, was unlawfully collected, others, of Indianapolis, Indiana, for the passage of a bill authorizing he shall refund the same to the said Loner~an, or his .I?ersonal representatives, the appointment of a commission of colored citizens to inquire into out of any money in the Treasury not otherW1Se appropnated. the material interests and progress of their race in the United States There was no objection, and the Committee of the Whole Hou e to the Committee on Education and Labor. on the Private Calendar was discharged from the further considera Byllr. CURTIN: The petition of citizens of Pennsylvania, for the tion of the bill, and it was ordered to be engrossed and rea-d a third establishment of a soldiers' home at Erie, Pennsylvania-to the Com time; and being engrossed, it was accordingly read the third time, mittee on Military Affairs. and passed. By 1\Ir. DIBBLE : The petition of 0 . Holt and others, citizens of Mr. BUCK.t.\f"ER moved to reconsider the >Ote by which the bill South Carolina, for an appropriation to improve the navigation of was passed; and also moved that the motion to reconsider be laid. Edisto River, in that State- to the Committee on Commerce. on the table. By 1\fr. HARDENBERGH: The petition of Thomas Gannon, rela,;. The latter motion was agreed to. tive to a section oftheRevisod Statutes relatingto internal-revenut! REFIDIDIXG DUTIES. taxes- to the Committee on Ways and 1\Ieans. 1\Ir. DAVIS, of Illinois. I move by unanimous consent the bill Also, the resolutions of the New Jersey Annual Conference of the (H. R. No.176) to refund certain duties paid upon military uniforms. African Methodist Episcopal Church, urging the appointment of a imported by and for use of Company G, Sixth Regjment Infantry, Illi commission of colored men to inquire into and report upon the ma nois National Guard, be taken from the Committee oft.he Whole Hou e terial interests and industTiaJ. progress of the colored people of this on the Private Calendar and put on its passage at this time. country since the war-to the Committee on Education and Labor. The bill was read, as follows : By Mr. HENRYS. HARRIS : The resolutions of the New Jersey Be it enacted., &c., That the Secretary of the Treasury be, and he is hereby, African :Methodist Episcopal Church, in favor of the appointment aut.hor.ized and directed to refund to William H. Thompson, colonel commanding of a commi sion of colored men to inquire into and report upon the Sixth Regiment of Infantry of the Dlinois National Guard, the sum of $-!90.80; said. industrial and intellectual progress of the colored race since the sum being the amount of auties paid by the said William H. Thompson to the col lector of customs, port of Chicago, the 27th day of December, .A.. D . 1880, upon fift:v war-to the same committee. four uniforms, and appurtenances thereto belonging, imported by and for the sole By Mr. UA:ID\TJNG: :Memorial of the Legislature of Mississippi, for use (as military uniforms) of Company G, Sixth Regiment Infantry, Dlinois Na legislation to authorize the refunding of the proceeds ofthe tax levied tional Guard. on and collected from the cotton crop- to the Committee on Ways and :Mr. RANDALL. That bill comes from the Committee on Ways and Means. Means, and was in charge of the gentleman from illinois, [1\Ir. MoR By Mr. PARKER: The petitjon of citizens of Gouverneur, Saint RISON,] who is not now present; but it is all right, he having reported Lawrence County, New York, for a reduction of letter postage-to it back favorably. the Committee on the Post-Office and Post-Roads. The Committee of the Whole House on the Private Calendar was, By~I.r. ROSECRANS: Thepetitionofcitizensofthe United States, discharged from the fnrther consideration of the bill, and it was for the remo>al of the tax on cigarettes-to the Committee on Ways ordered to be engrossed and read a third time; and being engrossed, and )Jeans. it was accordingly read the third time, and passed. By 1\Ir. SCALES: The petition of James W. Reed and others, of 1\Ir. DAVIS, of Illinois, moved to reconsider the vote by which the Wentworth, North Carolina, for an appropriation for educational bill was passed; and also moved that the motion to reconsider be laid purposes-to the Committee on Education and Labor. on the table. By Mr. . URNER: Papers relating to the claim of Emanuel Mason The latter motion was agreed to. to the Committee on Claims. By Mr. VANCE: The petition of 150 citizens of Macon County, ASSIG~""MENT OF JUDGE FOR XEV ADA. North Carolina, for an appropriation for educational purposes-to :Mr. CASSIDY. 1\I.r. Speaker, I ask unanimous consent- the Committee on Education and Labor. Mr. HOLMAN. I demand the regular order of business. By Mr. WARD: The petitionof18 citizens of Chester, Pennsylva Mr. CASSIDY. I ask the gentleman fromlndianatowithdrawhis. nia, for the passage of the French spoliation claims bill-to the Com demand for a moment, so I may call up a matter of great importance· mittee on Foreign Affairs. to the people of my State. It will take but a moment. I wish to By 1\Ir. YOUNG: The petitions of George W. Smith and 54 others, ask to take from the Speaker's table the billS. No. 1287, and to put citizens and firms of Hartford, Connecticut; of James Fernsy and 38 it on its passage. It is to assign a judge to the United States court. others, cit~ens of Pittsburgh, Pennsylvania, and of L. D. Garrison Mr. HOLMAN. You want to retire a judge on full pay. and 39 others; citizens of Cortland, New York, for the passage of the Mr. CASSIDY. We want to assign an additional judge. bill now p~nding to tax glucose five cents per pound-severally to Mr. HOLl\I.AN. I know; but you want to retire a judge on full1 the Committee on Ways and l\Ieans. pay. I