r

1875. CONGRESSIONAL RECORD. 297

By Mr. MONROE: The petition of colored citizens of Oberlin, V. Brown, assignee ofT. F. Brown; which was read twice by its title, Ohio, for the passage of the civil-rights bill, to the Committee on the and referred to the Committee on Claims. Judiciary. · Mr. FERRY, of Michigan, asked, and by unanimous consent oll­ By lli. SENER: The petition of William Tobb, of Spottsylvania tained, lea.ve to introduce a bill (S. No. 1093) for the relief of Reuben County, Virginia, for indemnity for losses in the late war, to the Com- Goodrich; which was read twice by its title, referred to the Commit­ mittee on War Claims. . tee on Public Lands, and ordered to be printed. By Mr. STEPHENS: a'he petition of Mrs. Lucy R. Speer, widow l\fr. EDMUNDS a ked, and by unanimous consent obtnined, leave of Thomas J. Speer, deceased, member of the Forty-second C!ongress, to introduce a. bill (S. No. 1094) for the relief of Francis :M. King and for relief, to the Committee on Accounts. Thomas Ross; which was read twice by its title, and, with the n.ccom­ panying papers, referred to the Committee on Patents. .Mr . .McCREERY aaked, and by unanimous consent obtained, leave tointroduce a bill (S. No.1095) for the relief of Lafayette Elder; which was read twice by its title, and referred to the Committee on Clail:M. IN SENATE. lli. FRELINGHUYSEN a.sked, and by unanimous consent obta.ined, leave to introduce a bill (S. No. 1096) amemlatory of the act in rela­ THURSDAY, January 7, 1875. tion to the Hot Springs reservation in the St.>.te of Arkansas; which was read twice by it.s title, referred to the Committee on the Judi­ Prayer by the Chaplain, Rev. BYRo~ SUNDERLA1n>, D. D. The Journal of yesterday's proceedings was read and approved. ciary, and ordered to be printed. PETITIONS AND MEMORIALS. GOLD BANKL~G ASSOCIATIO~S. Mr. SCOTT presented a petition of worldngmen, citizens of Hunt­ Mr. SARGENT. I move that the Senate proceed to consider Sen­ ingdon County, Pennsylvania, praying that the Texas and Pacific ate bill 106 , which was reported from the Committee on Financo Railway Company's applicatiqn for the guarantee by the Government with some verbal amendments. of interest upon its bonds be granted; which was referred to the Com­ The motion was agreed to; and the bill (S. No.1068) to remove the mittee on Railroads. limitation restricting the circulation of banking a sociations issuing 1\Ir. SCOTT. I present a petition of Pennsylvania soldiers, in the notes payable in gold was considered as in Committee of the Whole. late rebellion, setting forth tha.t their applica.tions heretofore made The bill repeals so much of section 51!;5 of the Revised Statutes of to former sessions of Congress for a portion of the public lands to be the United States as limits the ciJ:culation of banking associations, set apart for their benefit and relief on such equal terms as wero organized for the purpose of issuing notes payable in gold, severally granted to soldiers and sailors of other wars, h..we failed to receive to $1,000,000, and provides that each existing banking association favorable response; that they are now in want of immediate aid may increase its circulating notes, and new banking associations may and n.sldng the Government to grant unto each of them one hundrea.1 be organized in accordance with existing law, without re pect to suc4 and sixty acres of the public lands, without restrictions or reserva­ limitation. tions. I move the reference of the petition to tho Committee on The amendments reported by the Committee on Finance were iu Public Lands. lino 7 after the word ''million" to strike out the word "of," and after The motion was agreed to. the word "each" in line 8 to insert the words ''of such." Mr. LOGAN. I a.sk leave to present the petition of Jearum At­ The amendments were agreed to. kins, asking a rehearin~ of a case before tho Committee on Claims The bill was reported to the Senate as amended, and the amend­ with reference to his patent for rakes for harvesters, and I move its ments were concurred in. reference to the Committee on Claims. The bill was ordered to be engrossed for a third reading, read the Mr. SCOTT. A13 I recollect, that is a case in which there was an third time, and passed. adverse report ; and I would inquire of the Senator from Illinois ARKA....""'\SAS. JUDICIAL DISTRICTS. whether this petition sets out new and ·additional evidence f Mr. WRIGHT. I move that the Senate proceed to the considera­ Mr. LOGAN. I think so; but I will not say that it docs positively. tion of the bill (H. R. No. 3621) to abolish the western district of I did not draught the petition. It was brought to me, and I introduce Arkansas, a.nd for other purposes. it for this old gentleman, he being a constituent of mine. He states The motion was agreed to; and the bill was considered as in Com­ in the body of the petition that ho has new and :Jdditional evidence mittee of the Whole. which will change the features of the caso as it appeared before the :Mr. WRIGHT. I am authorized by the Committee on the Judiciary committee; but what that evidence is, I do not know. He told me to offer 'a substitute for tho bill, and when it is read I will explain he would present the evidence to the chairman of the committee. the difference between the bill and the substitute. Mr. SCO'IT. I do not de ire to deprive the petitioner of the right The Chief Clerk read the proposed substitute, as follows: to be heard; but I call the attention of the Senator for his constit­ That the judge of the district court for the ea tern district of .Arkansas shall uent to the forty-ninth rule of the Senate, so that, upon examining hold the terms of the di~trict court now provided by L'low in the western as well as that, unless this petition is brought within it, it will not be consid­ in the eastern district of said State; and all j udicia.l powers now exercised by or ered by the committee. conferred upon the judge of said western district are hereby conferred upon and shall be exer cised by the judge of the said eastern district of .Arkansas ; and all acts Mr. LOGAN. That rule requires that new evidence shall have and parts of acts providing for the appointment of a district judge for sa.id western been discovered. district of Arkansas are hereby repealed. Mr. SCOTT. And that the petition shall state specifically what SEC. 2. That section 2153 of the Revised Statutes of the United States is hereby amended so as to rea.d as follows: the new evidence is. I only call the Sena.tor's attention to it for the In executing process in the Indian country, the marshal may call to his aid to benefit of his constituent. assist in executing process by arresting and bringing in prisoners from the Indian Mr. LOGAN. Very well. country one yerson when necessary, or two when the judge of his district shall The VICE-PRESIDENT. The petition will be referred to the certify in wnting that two are necessary, and they shall each be allowed for their services, in lieu of all expen es, three dollars per day. When two are deemed in­ Committee on Claims. sufficient, the marshal shall apply for aid to the nearest commanding officer of the REPORTS OF COMMITTEES. Army, whose duty it shall be to furnish the men. lli. PRATT, from the Committee on Pensions, to whom was re­ Mr. THURMAN. I suggest to the Senator from Iowa to let this ferred the bill (H. R. No. 3707) granting a pension to Louisa Thomas, bill go over until to-morrow, in order that the substitute may be reported it without amendment, and submitted a report thereon; printed, that we may have an opportunity to examirie it. which waa ordered to be printed.. Mr. WRIGHT. I have no objection to that, with the understand­ He also, from the same committee, to whom was referred the bill ing that the Senator will call it up in the morning or allow me to do (H. R. No. 2680) granting a pension to Mrs. Jane Dulaney, submitted so in the morning hour to-morrow. an adverse report thereon; which was ordered to be printed, and the Mr. THURMAN. Certainly; it ought to be acted upon. bill was postponed indefinitely. Mr. WRIGHT. It is important the bill should be disposed of at as He also, from the same committee, to whom was referred the hill eal'ly a day as possible. Let that be the unanimous understanding. (H. R. No. 3427) granting an increase of pension to Mary W. Shirk, The VICE-PRESIDENT. The bill will lie over w.ntil to-morrow. widow of Jamos W. Shirk, deceased, late commander in the United Mr. THURMAN.• I understand it will be cq,lled up in the morning States Navy, submitted an adverse report thereon; which was ordered hour to-morrow. . to be printed, and the bill was postponed indefinitely. :Mr. WRIGHT. I move that the substitute offered by me be printed. .Mr. INGALLS. The Committee on Indian Affairs, to whom was . The motion was agreed to . referred a letter of the Secretary of the Interior, transmitting a GENERAL SAMUEL W. CRAWFORD. copy of a letter of the Collliilissioner of Indian .Affairs in relation to Mr. SCOTT. I move that the Senate proceed to the consideration the sale of certain Indian lands in the State of Kansas, have had the of the bill (H. R. No. 209:3) for the relief of General Samuel W. Crawford, same under consideration, and instruct rue to report that as a bill United States Army, which was reported by the :Military Committee, upon this subject was passed at the last session of Congress they ask to which I ask the attention of the chairman. to be discharged from the further consideration of the subject. \fr. LOGAN. Does the Senator desire to call that bill up this The VICE-PRESIDENT. The committee will be discharged, if morning? there be no objection. Mr. SCOTT. I wanted to call the attention of the chairman to it. BILLS INTRODUCED. Mr. LOGAN. ! ·have an amendment to offer to it, which I left at Mr. JOHNSTON (by request) a ked, and by unanimous consent ob­ my room, and I should like to submit it to the Senator before the bill tained, leave to introduce a bill (S. No. 1092) for the relief of Maria is considered. ·

. 298 CONGRESSIONAL RECORD. JANUARY 7,

Mr. SCOTT. Very well; if it is not a~reeable to the Senator to laws; and we must unquestionably reduce our expenditures to the proceed with the bill this morning, I witndraw the motion. I am amount of revenue provided by law, or else we must in a time of pro­ anxious to have it disposed of. found peace increase our public debt for current expenditures. Under Mr. LOGAN. Very well. these circumstances certainly it is not wise for us to embark in the erection of any more public buildings or any new items of expendi- PUBLIC BUILDIYG AT PORTLAND, OREGO.N. tures. . Ur.11llTCHELL. I move to ~roceed to the consideration of the The VICE-PRESIDENT. The question is on the motion of the bill (S. No. 46) for the construction of a custom-house and bonded Senator from Oregon. · warehouse at Portland, Oregon. .The question being put, there were on a. division-ayes 17, noes 18; Mr. BOUTWELL. A.llow me to ask whether there is any commu­ no quorum voting. nication from the Treasury Department in regard to it f · Mr. MORRILL, of Vermont. . I suggest to my friend from Oregon Mr. MITCHELL. Yes, sir, there is; or at least I have it at my that ·he postpone this bill to a later period of the session, and then it desk. can be judged better of by him, as well as by the Senate, whether it The VICE-PRESIDENT. The question is on the motion of the ought to pass or not. We have a. custom-house at Portland, but it is Senator from Oregon to take up the bill. · too far off from the commerce of the place. It was thought at the Mr. SHERMAN. I certainly am opposed to taking up any bill for Treasury D~partment tha,t there ought to be better accommodations the construction of new public buildings or incurring new items of there; but I suggest to my friend that he will stand a much better expenditure, until the policy of the Government is determined as to chance for his bill if he postpones it until a later period of the ses­ whether or not new taxes are to be imposed. It is patent to every sion. Senator that the Government of the United States is now running in :Mr. MITCHELL. I am disposed to listen to the suggestion of debt. During the last month our deficiency was between three and older Senators; but I know what it means perfectly. I understand four million dollars. We cannot enter into new sources of expend­ what the postponement of the consideration of this bill to a later iture until we determine either to impose new taxes or to reduce the period of the session means. ·I call for the yeas and nays on the existing expenditures. It is perfectly idle for us to authorize the motion which I made. Secretary of the Treasury to erect a new public building, even if the Mr. EDMUNDS. Let us try it again by a count. We can save wants of the country be ever so great, until the main question is time in that way. . settled whethero ot we are to leave open a deficiency of revenue, Mr. MITCHELL. I withdraw the call for the yeas and nays. instead of providing new sources of revenue. I consider it my duty, The VICE-PRESIDENT. The Chair will again divide the enate therefore, to object to any propo ition looking to new sources of ex- on the motion to proceed to the consideration of the bill indicated by . penditure, until the question is determined by the only authority in the Senator from Oregon. this Government-that is, the Hou e of Representatives-whether The question being put, there were on a division-ayes 22, noes 1 . Iiew revenues shall be imposed on the people. I hope, therefore, the So the motion was agreed to; and the bill (S. No. 46) for the con­ bill will not be taken up now. struction of a custom-house and bonded warehouse at Portland, Ore­ Mr. illTCHELL. This matter was fully considered by the Com­ gon, was considered as in Committee of the Wl1ole. mittee on Public Buildings and Grounds at the last session, and ·A.n amendment was reported by the Committee on Publio Buildings the bill was unanimously reported. A. recommendation has been and Grounds to strike out all after the enacting clause and insert the made in very strong terms by the Trea.sury Department in favor of following: the construction of this very modest building at Portland, Oregon, That the Secret.'\ry of the Treasury be, and he is hereby, authorized and directed a port where two hundred vessels were cleared last year. It is not a to cause to be constructed a. snitab1e brick building, with a fire-proof vault ex­ building for show, but simply a building which is absolutely demanded tending to ea.oh story, at Portlmld, Oregon, for the accommodation of the Umted States cnatom-bonse and other Government offices; and the sum of flOO,OOO is by the necessities of the Government at that place. hereby appropriated, out of any money in the Trerumry not otherwi e appropriated, Mr. BOUTWELL. I concur with the Senator from Obio, that the for the purpose aforesaid ; and the Secretary of the Treasury sbaJJ. cause proper time has come when we must stop every expenditure that is not abso­ plans and estimates to be made so that no expenditure shall be made or authorized lutely necessary, until by a dinrinution of our current expenses or an for the full completion of said building beyond the sum herein appropriated: Pro­ '1Jided1 That no money hereby appropnated shall be used or expended until a. v-.ilid increase of revenue we shall get means by which these expenses are title to the land for a site, inde:{lendent and unexposed to danger from fire in o.d­ to be met. jacent buildings, shall be vestoo m the United States1 nor until the State of Oregon !Ir. MORRILL, of Vermont. Mr. President, we seem to be some­ shall cede its JUrisdiction over the same and also anly relea o and relinqnisli to the United States the right to tax: or in an¥ way assess said sit-o or the property of what unfortunate with our buildings in Oregon. A. court-house, cus­ the United States that may be thereon durmg the time that the United States shill tom-house, and post-office, has been built at Portland, but it is so far be or remain the owner thereof. • . from the steamboat landing, being more than a mile away, that it subjects the commerce in that city, whick has increased very consid­ ~Ir. SHERMAN. I ask if there is a. report accompanying the bill f erably within the last few years and is still further expected to in­ The VICE-PRESIDENT. There is no report. crease, to ~reat inconvenience. But we have a building at the Dalles Mr. SHERMAN. Is there a letter from the Secretary of the Treas­ still more mconvenient, costing over a hundred thousand dollars and ury recommending the bill Y nearly though not quite completed, which the Government has already Mr. MITCHELL. I send to the de k to be read a letter from tbe abandoned. Now, the matter has come to us at the present session and Secretary of the Treasury. been referred to the Committee on Finance on a propo ition for an The Chief Clerk read as follows : TREASURY DEPABTMRNT, a-ssay office at Portland i and there is no sort of doubt but what an Washi?Jgton, D. 0., May29, 1874. assay office at Portland 18 more required than it is at Boise City, or Sm: Inclo ed please find a communication from Ron. J. H. MITCHELL United at the Dalles. We have this building on hand at the Dalles, and I States enator, recommendin~ an appropriation for the construction of a plain and have propo ed to some of the members that we should make a sort of substantial brick warehou em Portlan.d, Oregon, for the u e of the cnstom-hou e Yankee trade and swap and give them that building, provided they department in that city, the building being intended to be used as an appraisers' store and United States warehouse, and hlso to provide accommodations for the furnish a store-hous~ at Portland, but as yet I believe the terms have various officers of the cw tom·honse. not been accepted. There is no question but what they need further I also inclose a report of the Supervi ing .Architect on the subject, which fully accommodationR at Portland, and there is still less question that we sets forth the facts in the case, and have to say that the Department i satisfied have been particularly unfortunate in locating some of our public that the intere ts of Goverument would be promoted by the erection of a plain, substantial brick building, to be used for lbe purpose ind1cated aboTe. bni1din~s in Oregon and at Boise City. The Department is fulfy satisfied that it is inexpedient to remove the custom­ The VICE-PRESIDENT. The question is on the motion of the holllle to the new building, and also that the building is needed for the other Senator from Oregon to take up the bill. branches of the Government service. ;Mr. SHERMAN. I should like the sense of the Senate as to whether The Department has not felt during the present session of Congre s authori.zed in recommending the erection of any new buildings. The present application, bow. we shall embark in any new source of expenditure unless the occa­ ever, stands on a somewhat different footing, the building being intended for sion is of an extraordinary character, such as the use of a public revenue purposes only, and not for the conTenience of the citizens or for the building which may be rented is not. I a.sk whether the Senate are ornamentation of the city of Portla.nd. I therefore feel justified in commending willing to take n_l)lllew sources of expenditure 1mtil some provision is the ap\rlication t~ lfu.ll most favorable consideration. made to pay the expenditures already provided for by law. I think ery respec y, W.M. A. RICHARDSON, it would be bad policy for us to embark now in the building of public Secretary. buildings of any kind whatever, indeed in any kind of expenditure Hon. Jt:sTIN S. MoRRILL, that does not involve the actual public safety or the supreme public Ohairman Committee on Public Buildings and GTounds, United States Senate. good, unless provision is made for new taxes or unless a very large Mr. SHERMAN. Where is the report of the Supervising Architect f reduction is made in the existing expenditures. It is a matter for Mr. MITCHELL. I send that report to the desk to be read. the Committee on Appropriations to consider. The Chief Clerk 1·ead as follows: Now, it may be said that it is the duty of Congress to levy new TREASURY DEP.A.RTM:&'IT, taxes. Well, it is the duty of Congress to levy new taxes, but we are OFFICE OF SUPERVISING ARCHITECT, M_ay 29, 1814. not the power to judge of that. The Senate of the United States can­ Sm: I have to acknowledge the receipt of a. communication from Hon. J. H. MITCHELL, recommending the erection of a plain, substantial brick building in Port­ not institute or originate a bill to tax the people of the United States. land, Oregon, in which to provide accommodations for the custom-bouse and ap. That is the constitutional privilege of the House of Representatives. praisers' department and for the storage of bonded goods in that citv; and have They may in their own good time exercise that power and submit to the honor to report the following as bein~ the facta in the case: • us some proposition for increasing taxes. They have not done it yet; The act approved July 20, 1868, authoriZed the erection of a Clllltom-house, court­ house, and post-office building at Portland, Oregon, in accordance with the author­ and until they do it, we have no right to extend the expenditures of ity contained in which the Department purchased, on the recommendation of Ron. the Government beyond the means now provided by the revenne H. S. Corbett, United States Senate, a block in the city of Portland for the sum of 1875. CONGRESSIONAL RECORD. 299 f15,000, and proceeded to erect a. building thereon, which is now very nearly com­ our existing laws ; and I ask whether they see in the present con­ pleted. dition of matters any prospect ahead for increased taxation or in­ I visited Portland last summer for the first time, and found that the building was at least a. mile and a half from the ste..'\mship landing, and tha.t as a consequence creased revenue from any source whatever. If not, it is their duty, the removal of the custom-house to the new building would compel shippers and not mine specially, to resist all propositions like·this. I simply say, officers of vessels to make a journey of at least three Iniles each time they had busi­ as the chairman of the Committee on Finance, that we have no power ness v; ith the custom-house. I also found that Portland was increa.sing rapidly in to impose new taxes, because we cannot act upon this question until importance, and that the building was not larger than would be reqUired by the post-office, United States courts, and the Internal-Revenue Department, in addition the House of Representatives shall have acted, and I see no proba­ to which the Director of the Mint has notilied me that it will be necessary to Jll'O­ bility of their acting in that direction. Therefore we must confine vide a room in the building for the assa.yer, should Congress decide to establish an ourselves within the present limits and revP.nues of the Government, assay office at that point, which the Drrector believes Will be done, and which he strongly recommends. 1n this case it will be impossible to provicle accommoda. and must cut our coat aecording to our cloth, or else run in debt, and tiona for the custom-house building. I have therefore to recommend that the cus­ I take it that nobody in this country desires at this time to run in tom-house be continued in the rented building where it is now situated, and that debt beyond the ordinary revenues of the Government. the plan suggested by Mr. MITCHELL be carried ont at as early a day as the tlnances Mr. KELLY. I need hardly ·add anything to what has already of the country will wa.rrnnt. . I have boon informed that the leading shipping merchants :wd shipping com'{la· been put before the Senate by the letters which have been presented nies would be willing t<~ give the Government a suitable site, provided authonty from the Secretary of the Treasury and the Supervising Architect. ca.n be obtained for the erection of a building. I am also of the opinion that it is They show the absolute necessity of some building of this kind for for the interests of the Government to provide storage for the better class of the accommodation of the custom-house at Portland. At present bonded goods, and that a large revenue could be derived from such a building. :My knowledge of the amount of business transMted n.t Portl:md is not sufficient thare are no accommodations of this kind. The building that was to enable me to determine the size and consequently the cost of a suitable build­ erdbted somo time ago for that purpose is, as has already been shown, ing, and I w·ould suggest that authority be obtained to investigate the subject and quito unsuitable for the purpose; it is situated a mile and a qnarter determine the character and size of the building required. or a mile and a half from the commercial point of the city of Port­ Very respectfully, A. B. MULLETT, land. It is true that building was erected for a. custom-house, court­ Sltpervising .Architect. house, and post-office, and it could hardly be expected, in the erec­ Ron. WM. A. :RICHARDSON, tion of one building for these three purposes, that the location could Secretary of the Treasury. accommodate all. It is suitably located for the people Qf the city of Mr. SHERMAN. The purpose, it seems, is to erect a temporary Portland for a post-office, and so it is for a court-house ; but the com­ building to cure a mistake made in the erection of the custom-house. mer.cial interests of the city are at an entirely different place. While A custom-house has already been built in Portland, Oregon, as in I admit that the financial condition of the country is such that we most of the capitals of the States, and is now thero intact, in good should consult economy, yet it is necessary that we should have some order, but badly locat.ed, it seems, for the transaction of the business. public building for the accommodation of the commercial interests of Now it is proposed to erect a store-house for the purpose of supply­ that city; we cannot get along conveniently without it. Oro~on has ing this defect. In New York City, and in most of the cities of the asked very little ; and let me say that it is better to economize m some Union, the Government of the United States rents store-hon5es. other respects, say in the fortification bill. In that and in other ap­ There does not appear to be any difficulty in renting for a store­ propriation bills that will be before us we can certainly lessen the house a ~onvenient building in Oregon. These recommendations are expenditures 100,000 for the purpose of facilitating the commerQial entirely based on the natural desire of our colleague, the Senator intercourse of the country. I hope, therefore, the recommendation of from Oregon, to get a new building in Portland in his State. There the Secretary of the Treasury will be adhered to, and that this bill is no recommendation by any officer of the Government that this will pass. building should be commenced now. All these officers expressly say Mr. CONKLING. lli. President, this bill comes so near, in one that this building ought to be erected as soon as the financial condi­ regard,.being a local measure, that I feel a relnctance, shared, I know, tion of the country shall authorize it. The e letters were written at by other Sena,tors, in interposing, any objection to the wish of the the last session. Congress at that time did not see proper to act upon Senators from the State to which it applies; but, in addition to 'the them. Now the bead pf the Treasury Department tells us distinctly objections made by the Senator from Ohio, I subinit that there is as in his annual report to us that it would be improvident to commence utter 3.11 absence of justification for this bill on the case pre­ any public buildings whatever in the present condition of the sented to us as could well occnr in any instance of a proposal for a finances. We have this last statement of the Treasury Department public building. Not only is there no recommendation from the Sec­ against this or any similar appropriation of the kind; and what is retary of the Treasury, not only is there no recommendation from the proposed iH a mere temporary provision at best, because if a new cos­ Supervising Architect of this bill as proposed, but the facts, as they t.m-house must be erected in Portland at some time, it ought to be appear from all sources, teach me that this bill ought not to pass. erected in accordance with the general plan of the custom-houses It is said that the custom-house in Portland, Oregon, is a. mile and throughout the country. a. quarter or a mile and a half from the floating place of commerce. I appeal to the Senate whether, in the changed condition of our I sl;wuld not ha,ve been sru:prised at that statement, if the Senator from finances-because they stand much worse than they did six months Vermont had not said that the building, for that reason, waa deemed ago when these letters were written-in view of the fact that at the inconvenient. The custom-house in the city of Philadelphia, my hon­ last session of Congress no action was taken upon the subject, it not orable friend on my left [Mr. ScoTT] tells me, is at least two miles from being deemed necessary to put it upon a regular appropriation bill "r the great center of commerce where it floats and lands; and, when you on a special bill, in view of the fact that during the last month the take into account the crowded and obstructed streets of a city so large deficiency in revenue is 3,800,000, in view of the fact that our as Philadelphia, inasmuch as time measures distance now, it is a great customs receiptshavefallenoffrapidly, amazingly, growing I think out deal farther. The custom-bone in the city of New York, in every of the habit of economy that has sprung up among the people and practical sense, is f~herfrom the place where merchandise :floats and perhaps out of other causes-! ask whether it is wise for the Senate merchandise lands than it is in the city of Portland. I want to call of the United States now to start new public buildings against the the attention of the Senate to a fact, which I think is the prominent advice of the Secretary of the Treasury, and without any prospect of one presented here, in a moment. Store-houses, in the city of New any increase in the public revenue f York and elsewhere, are rented and located where convenience sug­ I know it is very hard, and it is unplea ant for me and for any Sena­ gests. Such has been the case in Oregon; and now there comes from tor to oppose the wishes of any of our body. Here in a small body of the Secretary of the Tl-easury and the Supervising Architect a sug-· .men, nnd when two Senators from the State of Oregon come here and gestion that a store-house near to the landing-place of merchandise in say, "This is only 100,000; we can get along with this," it is hMd to Oregon would be a convenience; and the original bill referred to the resist ; but if we cannot resist their appeals, how can we resist the committee proposed such a. building for sucp. a purpose. What have appeals that will be made froiD. other quarters f How can we refuse we now 7 A substitute from the committee, striking out everything to start other public buildings that have been recommended ten times after the enacting clause, in which I read: as strongly aa this by the former Secretary of the Treasury and the That the Secretary of the Treasury be, and he is hereby, authorized and directed former Supervising Architect! How can we resist them T How to cause to be constructed a suitable brick building, with a fire-proof vault extend­ could my colleague and I vote to resist any demand that may be made ing to each story,. at Portland, Oregon- from our own State, as we have such demands from Cleveland and other For what f Now I ask the attention of Senators- places! We must do it as Senators of the United States. view of fu for the accommodation of the United States custom-house ~m.d other Government the general condition of public affairs, in view of the condition of offices. our finances, we must suspend and put a stop to all e:xpenditures that It is to be not only a warehouse but a custom-house ; not only a are not really demanded by the present public exigency; and this is custom-house but a building for the accommodation of all the United not such a case. It is the mere erection of a fire-proof warehouse States offices. which no doubt could be rented in Portland. :Merchants no doubt There is another thing that I observe abont this, Mr. President. could be found willing to build it on a reaaonable contract to rent it The original bill contained ~hese words : and supply the defect really in the location of the custom-house. Under the circumstances, it does seem to me wo should not make this A building suitable for the accommodation of the custom-house, bonded ware· an entering wedge even when we have two Senators who desire it as house, and other Government offices in said city not now provided for. the two highly honorable Senators from the State of Oregon do. We There the Senate will see was a distinction. This building was to must make a sta.nd, and I appeal to the Committee on Appropriations contain nothing except accommodation in respect of offices not pro~ whether they are prepared now to provide further appropriations vided for in the building already erected. Here comes a substitute when they know that the actual wants of the Government absorb . which provides, ab initio, to set up a public building for all manner every dollar of revenue that we can reasonably hope to come in under of purposes. Can the Senators from Oregon justify that at this time. 300 CONGRESSIONAL R,ECORD. JANUARY 7, and justify it upon the ground that the custom-house stan

Mr. :McCREERY. The papers are neceBBary and the Quartermaster­ thought by the honorable Senator from New York [Mr. COI\'lrLIXG] General has them. I withdraw the order, however, at the suggestion that it was not sufficiently courtly in its phraseology. I do not of Sen a tors. · , qnestion tbat bad that honorable Senator drawn the resolution him- PAPERS WITHDRAWN ill> REFERRED. elf, under any administration of the Government, whether inimi9al On motion of Mr. HARVEY, it was to him in its political opinions or not, be would have drawn it just OrdR.Ted, That the memorial of Michael Hennessy, praying to be allowed a pen­ as be desired this one should have been drawn; but other Senators, sion on account of services in the Mexican war, be withdrawn from the files and not quite so courtly in their language, not quite so polite probably in referred to the Committee on Pensions. their intercourse with men generally or with officers of the Govern­

USE OF THE .A.R..WY L~ LOUISI..A.....~A. ment as that Senator, though as respectful as even he could wish to be, thought proper to use the language of the Senator from Ohio, as The Senate resumed the consideration of the following resolution, incorporated in the resolution submitted by him, and -which the hon­ submitted by Mr. THUIDL\N on the 5th instant: orable Senator from New York would seem to think too curt to be Resolved, That the Presiclent of the United States is hereby requested to inform the Senate whether any portion of the Army of the United States, or any officer or considered in parliamentary language a simple request instead of a officers, soldier or soliliers of such Army, did in any manner interfere or intermed­ specific demand. · dle with, control or seek to control, the organization of the General Assembly of I am not here to contend over terms or words. The resolution in the State of Louisian:t or either branch thereof on the 4th instant; and es~ecially either a pect would answer all the purposes. The resolution is suffi­ whether any person or per ons claiming seats in either branch of said Leg.tslature have been deprived thereof, or prevented from taking the same, by any such mili­ ciently respectful, aml trenches upon no executive right. It requests tary force, officer, or soldier ; and if suoh bas been t.he case, then that the President the President of the United States to communicate certain informa­ inform the Senate by wh2.t authority such military intervention and interference tion to this honorable body, aco-ordina.tedepartment of this Govern­ have taken place. ment, equal in dignity and· authority, and entitled to as much con­ The pending question being on the amendment of Mr. CONKLI:XG sideration as that department which the President represents. Surely to insert the words "if in his judgment not incompatible with the so, sir, and I believe, furthermore, that the President will besatis.fied, public interests," after the word "requested." · nay, in view of the respon ibility of the proceeding, be only too The VICE-PRESIDENT. The Senator from Maryland [Mr. HAM­ glad to respond to the resolution in the belief that he has the means IL.TON] is entitled to the floor. of justi.fi~ation. Indiscriminately, and under all administrations, Mr.IIAMILTON, of Maryland. I yield to the Senator from Geor­ offered by friend and foe, resolutions similar to this one ha.ve been gia, [Mr. GORDO:N,] who desires to have a few minutes for a personal passed. But I am not here, I repeat, to dispute about words OI' forms purpose. or phra es. The resolution is right, and it answers the purpo e; Mr. GORDON. Mr. President, I rise to make a personal explana­ whether it is polished by one phrase or another, is perfectly immate­ tion, and I ask the attention of the Senator from Vermont, [Mr. rial. I shall not vote for the amendment offered by the honorable EDMU~l>S.] During the debate of yesterday, in reply to some harsh Senator from New York, for it amounts to nothin(J' that is material words addressed by the Senator from Vermont to me personally, I or substantial. I consider the resolution as worded appropriate and allowed myself to be betrayed by the usa · of the phrase "irresponsi­ respectful, but in either form it will accomplish all the objects desired. bility" into an injustice t-o that Senator. I desire to say that the But in t.bat very amendment offered to the resolution by the Sena­ responsibilities of the Senator, as a statesman, as a jurist, and as a tor from New York '!as manifested a sensibility on that side of the member of society-and I refened to no other-are in my opinion of Chamber which one coul

rounding the State-house and upon the very floor of the legislative the Executive, imaginary facts are pressed into service. It goes to halls, we as representatives of the States ought to be able to find show how delicate this subject must be to our friends on the other some means by which we should arrive at the real facts of the case. side of the Chamber. Unable on the first "blush of this case to justify And we will do it. We have the remeuy in our ha!td~ and ca,n apply any such action, they put their wits t.o work to imagine a state of it;" and whatever the Executive may do with the soliliers of the facts by which Federal troops might be intruded into the State-house United States, we have them still within our own control. of that State upon that occasion and their action justified. The If the President should refuse to give to this body and to the House of honorable Senator from Wisconsin, [Mr. HOWE,] to whom I shall now Representatives the information requested by either as to the dispo­ address myself in some comments upon the position he took upon sition of troops that he was then making, and whichdispositionmight one of his own suppo ed statements of facts that might have justifieu be arousing the fears and apprehensions of the country, either branch this iuterference of the Executive, put this propo ition to this body of Congress could refuse to vote supplies for the support of that for your consideration and for the consideration of his own constitu­ Army; or the united action of both could disband that Army and ents and of the American people : leave no Federal soldier to tell the tale of its organization. Congress I want t() say also- can strip the Executive of every armed soldier in the land, take from Says that honora.ble Senator- him every vessel of war, and all the cannon, now pointed upon the before I sit down, thatif it should turn out, after all, that the Army was not employed defenseless city of New Orleans. yesterday in New Orleans to prevent the organization of a Legislature, but simply These are some of the resources of our power when we are called to aid the organization of a Legisln.ture- upon to exercise it, and they are our great security. If the E:xecu­ The Army of the United States, the hired soldiery of the United tive undertakes to put itself above the people and above Congress, States, to aid in the organization of the legislative body of a sover­ and undertakes to use the Army of the United States for improper eign State! and unlawful purpo e , we can arrest not only the march of that Mr. HOWE. Will the Senator be kind enough to read a little fur- Army, but we can arre tit by even a majority vote, nay by non-a.ction therf . itself. It requires no articles of impeachment; it requires no trial in .Mr. HAMILTON, of Maryland. Yes, sir. this Chamber where two-thirds are needed to convict. No; a simple majority of the repre entatives of the American people can stay the ::md that it was put in motion upon the direct call of the executive of that State, march of that Army by refusing to vote it supplies. Here is-a remedy the Legislature not being in session. acrainst an Executive who would treat this body and the Honse of Does my honorable friend mean to say that t By what authority, R~pre entatives and the people of this country in any such manner. I would ask that Senator, wa.s the governor to aid in the organization Honorable Senators on the other side of the Chamber will understand of the Legislature any more th:m that soldiery he called upon and that I do not undertake to say that the Executive will refuse to who did it f What, sir, hM it come to this, I again a k that honorable answer this request for information and give to us what has occurred Senator, that the governor of a State has a right to organize a Legis­ in the city of New Orleans and in that State-house, although of course lature, or to aid in the organization of a Legislature f His duties are it will be clon"' in his own mode and manner. We cannot write the prescribed by law, and that is not one of them. The Legislature has communication for him or direct how the facts shall be communi­ its Rppropriate functions; and one of thep1, and that which exclu­ cated. He will have a defense, no doubt, and that defense is to sively belongs to it, is t.o organize itself. Who constitutes the Le~is­ be passed upon by this body, by the House of Representatives, by lature and who are the judges of its member t By the constitution the American people, and he is to st~nd or fall upon that defense. of Louisiana, the respective houses of the Legislature are the sole -Therefore the importance of deliberation, for it, is a grave mat­ judges of the elections, returns, and qualifications of their own mem­ ter; it does thrill the American heart; it does affect the American bers, and not the governor of the State of Louisiana; and this I woul(l mind that in this land of liberty, of law, of order, and of constitu­ wish to impress upon the mind and conscience of that Senator. That tional forms of government, we should see Federal soldiery-not the Legislature must organize itself, and that should be done without any soldiery of a State, not the citizens of a State, but hired soldiery, as other human interference, for all other interference is unlawful. If alien almost to the people of the State as the soldiery of a. foreign the organic law, which is supreme, prescribes a ~ode, that mode must power, march into the capitol of a sovereign State and disperse the be observed, but nothing beside; all else may be directory, as that representatives of a free people. It is a thought that ought to thrill passed by a precedin~ Legislature, for illustration, but not author­ the American hear.t and the American mind, and it will tell upon the ized or warranted by tne organic law. ·It is not binding and cannot be American people. They have thei.J.· modes and means of redress an·d in the nature of things upon the succeeding Legislature. we have ours as t.heir Representatives; and if we should fail to disband The presumption in law is that Legislatures ·will organize, and do an army employed in any such unlawful and unholy act, not being so properly. The fact is that they generally so do without disorder. able in any other way to arrest the Executive arm in thus striking Just here, having in my eye the honorable Senator from Louisiana, [Mr. down the liberties of any portion of our people, we should be false to WEST,] who stat.ed tha:t if there was a legislative enactment presci·ib­ our duty. This is not revolutionary, nor in my judgment ill-timed. ing how a futureLegislaturesh,puld be organized, it could not be legally We have been taught by our liberty-loving ancestors that the great organized unless it followed the forms thus prescribed. I deny t-Ile hold that the English Parliament had upon the King :md upon all his legal conclusion that the Senator would attribute t.o any such legisla­ kingly prerogatives was the control of the army in granting supplies. tive enactment. Such enactments for precaution's sake may be It was their charter of liberty by :which the Parliament held posses­ paBSed as t.ending to preserve order, but they can have no legal sion of that army and restrainecl the power of its kings. binding power upon an incoming Legislature. The Constitution may The act of Cougre s of 1795 providing for the suppression of insur­ do it; or if the constitution of the State authorizes it to be done, that rection and of domestic "Volence in all proper cases and when it could is a,nother question; but that a Legislature preceding the one that is be lawfully done under the Constitution and its limitations, and to coming into power has upon its own mere motion, and without any that end authorizing the President to call out the militia, did not warrant in the con titution, the power to declare· how it shall be authorize the employment of the regular Army, and it was not until organizea, and that that incoming Legislature is bound by such 1807, and by the act passed that year, th.'tt the President could use declaration I deny. It cannot ue done. There is nothing that can the regular soldiery at all for such purpose. justify any such encroachment of one Legislature upon the rights and There must have been a reason for the omi sion in the act of 1795, powers of any future one. The Legislature elected by the people in and it may have been the fenr of putting down such violence by the conformity. to the constitution, anu duly returned as required, is mere soldier, who, from his employment and discipline, had nothing that body which has supreme control over its own organization, and in common with the citizen, but rather that the people themselves only qualified by the limitations of the constitution of the State should, when called on, suppress it. an\1 the laws authorized by it to be passed in relation to the organi­ Therefore, Mr. President, so far as that is concerned, we want this zation. The organization is a fact; it is an entity; and whether information in order that we may take the proper means of redl:ess if that organization is effected by a clerk of the past house who may anything should be wrong. I am not here to misjudge or misstate l;lold over, either by courtesy or by some statute, or by any other facta. . I admit that in the discussion of this resolution we have been power or in any other way-the organization, in fact, settles all con­ thrown upon a wide sea of fact and of conjecture, and that we should troversy; for then instead of being only members holding general not come to conclusions, or hasty action, without a full knowledge of relations t.o each other by virtue of their elections, it is a body, a all the circumstances surrounding this most extraordinary case; but Legislature into which individuality is ab orbed. we have enough upon the appearance of things, we have enough Mr. WEST. Will the Senator permit me a question! shadowed forth; we have the simple, glarinrr, prominent fact, that in Mr. HAMILTON, of Maryland. Certainly. the State-house of the State of Louisiana Federal soldiers marched .Mr. WEST. The Senator contends t.hat the Legislature of Louisi­ upon the day of the organization ofthe Legislature of that State and ana cannot prescribe the form of the organization of its succe~ors. interfered in that organization to put the Administration-to put the Mr. HAMILTON, of Maryland. Uulessitis providodforin thecoo­ Executive upon his defense and to show good cause why this wM stitution. done, if any cause under any circumstances could justify such a pro­ Mr. WEST. Allow me to call the Senator's attention to the fa.ct ceeding. that the words of the Constitution of the United States and the words Mr. President, the di cu ion has taken a wide range. We have of the constitution. of ~ouisiana are precisely similar; and that the gone far beyond the simple terms of the resolution and its construction. Honse of Representatives hen~ prescribes the manner of the organi­ We are now debating upon facts which we expect to get officially un­ zation of its successor. der this very resolution ; and wbat we do not know absolutely as facts, :Mr. HAMILTON, of .Maryland. There is nothing in that or in what as gathered from the dispatches or current news in the papers, we the law of Congress says. The House of Representatives, when i1 supplement with conjecture. In ordm· to justify this interference of meets, is authorized to organize by virtue of its election, and not b~ 1875. CONGRESSIONAL RECORD. 303

the authority of any law passed by any preceding. Congress. It is tinct and separate bodies, each cL'liming to be the rightful Legislature required to meet, and it alone is to judge of the elections, retur,ns, and each attempting to legislate for the same State. This continued and qualifications of its members. No other power or person on earth for three weeks or thereabout before any adjustment was had by can do this for it. For if otherwise, in great partisan extremity and which the regular order of things waa once more established. Here where some advantage might be taken in having precedent legisla­ in the case of Louisiana, if the facts alleged be true, we do not see tion of the kind to control or direct the organization of an incoming any such exhibition as that-two houses and two speakers for three· legislative body, the very worst species of legislation could be inau­ weeks in the same room amid tumult and disorder underta~g to leg­ ~urated for the studied purpose of preventing the organization or of islate for a State and doing this without interruption or attempted Involving in trouble a legally-elected Legislature. Such legislation interruption by any officer or person. With a knowled~e of consti­ is in itself an infringement on the rights conferred by the constitution tutional law like that of the Senator from Wisconsin tne governor of the State upon those men who are elected as the Legislature, and with the aid of soldiers of the United· states could have soon solved also upon the inherent and natural rights belonging to it for its own the trouble I He could have proclaimed one or the other illegal, and existence and independence. And so careful in language is the Consti­ have called upon the President to have dispersed either as a lawless tution of the United States, as well as of all t.he States, in this respect, mob. and, as stated by the Senator from Louisiana, the language of the In the case before us how different~ The members of the body constitution of Louisiana, that the independence of one branch of the assembled in the proper chamber and organized; whether in some Legislature cannot in any way be violated by the action of the other, respects hasty or irregulnr in their action, they nevertheless organ­ '>r by the joint action of both, under the ordinary forms of legislation. ized. Five men peaceably sitting there among the recognized mem­ I give the section in point-the fifth section of article 1, Constitu- bersofthe body, whowerecandidates beforethepeopleindifferent par­ tion of the United States- . ishes of the State of Louisiana, and as against whom and as against Each House shall be the judge of the elections, returns, and qnaJ.i.:fica,ti.ons of 1ts whose undoubted election the turpidity of the returning board could own members; and a. majority of each shall constitute a quorum to do business; not find itself mean enough and reckless enough to give certificates of but a smaller number may adjourn from day to day, and ma.y be authorized t-o election to their opponents; but having by its dishonest action given compel the attendance of absent members, in such manner and under such pen­ certificates of election so as to secure a. republican majority in the alties as each Honse may provide. House, referred then those gentlemen to its tender mercies ; and those Mark the language-each House I Each House shall act for itself. five gentlemen, sitting quietly in seat-s in that body, it is claimed, Each House is independent, as it should be, from any control by the created the domestic violence in that house which it was the duty of other in this respect, and surely independent of any other power. the governor to suppress, and to be assisted by United States troops! Each House has in its own keeping its own existence, its own integ­ What a caricature upon domestic violence I What a folly are written rity as a House, and no one besides has the rightful power to interfere. constitutions if all this be real! All the other persons upon the floor By virtue of that constitution as soon as tne people have cast their were acknowledged to be members of the body, and these five were votes and the proper returns are made and it is ascertained who are unquestionably elected as members of the body, and whose caaes elected as prescribed by law, that concludes the subject, and those who were expressly referred to the body by the returning board to be passed a.re thus elected are members of the Legislature, entitled to act in upon by it, and which were in fact, if reports be true, passed upon by that capacity, and no one besides; and no antecedent prescription of the body and admitted to seats as members. The governor, the any preceding Legislature can make it otherwise, nor can it by any usurping governor-! call him governor, but he is not governor any pretense of establishing rules to govern organization, generally, qualify more than I am, of the State of Louil;iana, fairly chosen by the p~ople · or in any way restrain or impinge upon the absolute rights of such to that position-that governor cletermines that it would not do elected members to organize themselves into a legislative body as that these five gentlemen should be seated as members, and a-ccord­ they shall for themselves determine. I know that there are la. ws passed ingly directs United States troops to arrest them, tho~ five gentle­ directing the mode and manner of organization, and I suppose gener­ men who were sitting quietly in their seats in that ,body, where they ally observed; but upon great occa ions either of sentiment or of inter­ had the equitable right to be, nay the legal right to be, until they est, in times of great party excitement, when passion is inflamed, were turned out by the body itself. .And you call that disorder I You when the blood is hot under the idea of incoming or of departing call that tumult! You call that domestic violence requiring the aid power, then are the times when our institutions are put to the test, of the Army of the United States to suppress! and then too we are obliged, if at any time, to go back to elementary No, Mr. President. Let us not be deluded by any snch folly. It was principles and rely upon the rights and powers secured by the organic simply an aiTest of quiet citizens disturbing no one and without any law which gave them being. · wauant of law. Nay, it was graver than that, as grave in itself as Will the Senator from Wisconsin say that these regular soldiers that could be to any American who cherishes the personal liberty of were justified in organizing or, taking his own language, aiding to the citizen; it was an invasion, a ruthle s, reckless, wanton invasion organize this body, because the governor of that State drrected them of tne sa-cred halls of legislation where the sovereignty of the to do it f I ask that honorable Senator whether there is any prece­ people dwells as in the very temple of Liberty itself, and from dent for any such thing as that in the history of this country 7 Shall whence should always emanate their will in the laws which are ·I demand from him the law under which it could be done T Did any to govern society, independent of any other power and free from all governor, anywhere, ever before call upon the soldiers of the United restraint other than that impo ed by the Constitution which gives States to enter the State-house of a State, and there, distinguishing io its expression the force of law. between individuals on the floor of the legislative chamber, put out Mr. President, there are other instances where the Executive might certain ones and allow others to remain f Did any governor ever have interfered on the same pri.Iiciple. You remember the tumult and before dream of possessing such power by virtue of any law, and violence that occurred in the State of Pennsylvania, I think in 1838, particularly under the clause of the Constitution which authorizes in the organization of the Legislature of that State. We all remember him upon a proper occasion to call upon the Executive of the United it. Why did not the governor interfere then f Why did he not call States to suppress domestic violence or insurrection T upon the President then T The idea of interfering in the ttl:mult of Mr. HOWE. Did the Senator put that question to be answered T a legislative body just attempting to organize had not then been Mr. HAMILTON, of Maryland. Yes, sir; if the Senator chooses. originated. The sovereignty of the people as represented in its high­ Mr. HOWE. I am not so famili.'tr with the history of this country est character, functions, and attributes in the halls of legislation aa I ought to be. I am not prepared to say, at this moment, that was then regarded with a veneration approaching awe. There was there haa ever been an instance of the kind. I am very much in then no sacrilegious hand to assail its independence or corrupt its hopes that, if we ransack the history of the country, it will turn ont integrity. that there has never been a precedent of the kind, and I pray my There may be tumult in a legislative body ; there may be disorder Gi>d most earnestly that there may be no other instance of the kind; and violence; but we must remember with all that when any one in­ but I shall take occasion by and by to tell the Senator from Mary­ terposes to put it down he is approaching the very sanctuary of all land that, if the President of the United States did what I assumed political power and of all social order. If the persons elected by the the other day in the absence of information he did do, he did no people cannot meet together quietly in order to take upon themselves more than what the laws of the country charge upon every President the great trust committed to them as they should, and as they did in such a case. when legislative bodies first wero organized, and whence we have a reg­ Mr. HAMILTON, of Maryland. That the governor of a State can ular succession, there is an end to republican government, there is an require the President of the United States to command soldiers to end to regular representative government, there is an end to free march into the State-house, into the halls dedicated to the purposes institutions; and we might be obliged, in order to have peace at any of legislation, to aid in organizing a Legislature! Think of it! That price, to tUin to that condition of things when the executive, with the the governor of a State can call upon soldiers of the United States soldiery of the country, is to initiate legislative assemblies, see to their to aid in organizing a Legislature! That is the Senator's language­ organization, and, as a consequence of all, concentrate upon hims~lf "to aid in organizing the Legislature I" That is American states­ all the powei'S of government. manship belongin~ to the period in which we·now live-none other. .Mr. President, there is another instance, thnt of the contested My honorable friend says that he does not wish that there should seats of the New J ersey delegation in the other House of Congress. be any more such precedents. Neither do I. But there have been The members sat for days withont any one presiding. There was occaaions when just such things might have been done ·on the same tumult and thero wa.s disorder at times among the members. Those theorr now advanced by the Senator. There was one memorable who claimed seats by virtue of certificates, and those who were really occasion in the State of Ohio when you had tlliiiult and disorder, if elected, but had no certificates, were present. The political power there can-be tumult and disorderinhavingtwopresiding officers sit­ of the House wa>S supp~scd to depend upon that delegation. .A.fte:r a ting near by one another in the same hall and presiding over two dis- fearful excitement wise and temperate counsels prevailed, and there 304 CONGRESSIONAL RECORD. JANUARY 7,

was a temporary organization by consent. It might have been to quell any tumult, not to suppress any violence; but that the e so here; but it was not. Suppose it had been otherwise in that case ; five members might be pointed out and arrested and marched out of suppose the members of that House would not have agreed ; suppose that hall by the soldiery. they would not have organized; would that have justified the Presi­ Mr. President, is that a case of domestic violence or of insurrec­ dent of the United States, though it was in the District of Columbia, tion 7 Doesthatcomewithin theletterorthespiritofthe Constitution to have marched his soldiery into the Hall of the House of Represent­ which allows the governor of a State to call for soldier of the United atives and to have arrested and excluded five or any number of States T The governor told them that he wanted a number of men put eitlJer those who held or those who did not hold certificates of elec­ out of that body then in session, who were not only allowed to remain tion Y No, sir. They might have remained there in that condition there, but were admitted as legally elected by the members. If until the law of necessity proved stronger than faction, until a sense they were allowed to remain there by the other members, why of propriety, patriotism, Jove of order, their sense of duty, should interfere T If they were not members it was time for every acknowi­ -have rebuked their conduct, and should have directed -different edged member of that body to do its own fighting through its own · action; but in the absence of all that, and until this spirit began to officers or otherwise and to put them out. It was the redress they prevail, I ask you again whether the President of the United States possessed, and had that body been so outraged they would have used could have marched his soldiery into that House of Representatives, the. necessary force to do it. It was f.or them themselves to purge arrested persons upon the floor claiming to be members and not therr own body. Bnt there they remamed, and would have remained ·excluded by the body in session, and thus, in the language of the in quiet; and yet, forsooth, these soldiers were sent in to suppress dis­ honorable Senator from Wisconsin, "could have aided that Honse of order l No, sir; they were sent there for the purposes of arrest and Representatives to organize!" for nothing besides; and, if the details that we see be true, they went Nay, more, within my own personal experience the House of Repre­ there and demanded the speaker then presiding over that body, organ­ sentatives sat for three weeks balloting for Speaker. I remember­ ized as it was, to point ont these men whom they were sent to exclude it was just in the initiative days of political freesoilism and abolition­ from that body. They were in peace ; there was no tumult ; there ism, when it was first acquiring political significance in the organi­ was no disorder; and when no one sitting in that body could be got zation of a political party, and I remember well the men who repre­ to point out these men, the officer in charge of the soldiers was sented that spirit or sentiment in tha-t House then, and how they obliged to get some one upon the outside who knew them to point moved amid the disturbed elements which the condition of parties them out individual by individual, and then they were marched out in the country had sent into that Honse. We remained for weeks of the hall at .the point of the bayonet-five men of the one hun­ without a Speaker, voting de.y after day, and varied at times with dred or more present, who were recognized members. tumult and disorder; but at length the sense of propriety, the love Think of a condition of things like this! Might not one naturally of order, the fear of anarchy, and the sense of duty prevailed, and suppo e that these five men, if they were really disturbingthepeace, tbe House finally organized. Tbe members of that body met daily, were in arms with a revolver in each hand, and girded around with proceededm1 the regular discharge of duty in tbe election of a Speaker, bowie-knives T No; these soldiers of the United States who were daily failed for three weeks or more to organize, finally organized, sent into the chamber were obliged to take with them some one to and without any power to compel them to do it, save their simple point ont these men, who in their demeanor were as the others sitting duty. in their seats, in·order to exclude thomfrom that body, and thus to aid Supposetbatithad beenotherwise; that amid thehotbloodgrowing in organizing the Legislature of the State of Louisiana! That is Kel­ -out of the exciting questions of the day and of tbe condition of par­ logg's substantial statement of the case. ties, by which on that floor neither had an absolute majority, the Now, sir, if these bathe facts or anything near them, can it be possi­ members could not and would not agree to an organization and had ble that there is any justification on earth for this extraordinary exer­ kept on voting, and thus had put a stop to all legislation, or not being cise of executive power f able to agree upon an organization the members should have dispersed Mr. CLAYTON. Will the Senator allow me to ask him a question T and gone to their homes, would that have justified the President of Mr. HAMILTON, of Maryland. Yes, sir. the United States in marching his soldiery into the House of Repre­ Mr. CLAYTON. If I do not annoy the Senator or interfere with sentatives to organize that body, or to aid in organizing that body, the line of hi9 remarks, I would like· to ask him a question. He says either by the arrest and exclusion, or by the admi sion of any par­ the governor of Louisiana had no right to use United States troops ticular members Y Or in case the members should have dispersed, in any way in the organization of the Legislature. Suppo e he had could he have arrested them, brought them back, and compelled an used State t:r:oops, not to eject persons from the legislative halls, but organization! No one conceives any such thing. had surrounded the State-house with them with instructions to let "\Vhen our American governments get to that point, when the rep­ no one in who had not a pass from the militia commander; would the re entatives of the people fail to meet, or fail to organize, and refuse Senator con ider him under any circumstances authorized to do that f to proceed with regular legislation, then there is anarchy, then thero Mr. HAMILTON, of Maryland. Certainly not. What has the gov­ is revolution, then the people must act for themselves, and just as ernor to do with the organization of the Legislature f tbe exigencies may require ; but that gives no power to the Presi­ Mr. CLAYTO:X. I am glad to hear the Senator say o, because dent nor to any governor to organize legislative bodies and com­ hereafter there will be a question coming before this body in relatiQ!t· pel legislation; nor can either direct how snch bodies shall be organ­ to the late organization in Arkansas under democratic control where ized. Mr. President, l have noticed ·instances where thie power of that proceeding was adopted. executive interference might have-been used withjnst as much pro­ Mr. HAMILTON, of Maryland. We shall see about that when it priety as it has been in Louisiana. It was used in Maryland. True it comes before us; but I say the governor has no power to organize a was not used to organize a Legislature there, but to control legislation Legislature or to interfere in its organization. The Legislature organ­ by aue ting nearly aJl the members of a Legislature, imprisoning some izes itself by virtue of the powers given to it by the people, as laid of them; in fact breaking it up; but that was in times of war, say down in the organic law. I want to see democrats rebuked when the apologists of this outrage; and I am willing if they are to get by they act badly. I would sooner punish them for bad conduct than the war if I can. my friends on the other side, because they ought to know better and .Mr. SCOIT. McClellan did that. behave better, being democrats. [Laughter.] Mr. HA~ITLTON, of Maryland. I do not care if it was done by I stop here for the present on this branch of the subject, and I McClellan. That does not make it right. I do not care any more de ire to direct a remark or two to the speech of the honorable Sen­ for General McClellan than for President Grant. I never did con­ ator from Indiana, [Mr. MORTOY.] Distinguished as he is for abilit.y sider it the duty of officers and soldiers to be arresting legislators and for force in argument, nnd not afraid to take any responsi­ _ in the discharge of their constitutional duties; and one d,oing it does bility, especially when party exigencies may require, he has upon not make it any more commendable to me than if done by another. this question manife ted a spirit from the beginning in its origin I have shown instances where there was just such an opportunity for two years ago, that knows no compromise, no peace, to the white executive interference. Now, let me come for a moment to t.be facts people of the South. In that spirit he is for their subjugation, to in this case, and see whether there is any material fact already as­ an element there, that may control under the lead of bad men, carpet­ certained, from the telegraphic communications and newspa-per re­ baggers or scalawags, or whatever you choo e to call them-I call port in relation to the conduct of Mr. Kellogg. I have before me them simply bad men. In his speech the other day there was an iteration a portion of the examination and evidence of Mr. Kellogg, as given of the old scenes which we have witnessed in this body and in the country in the newspapers, in regard to this very matter; and if you agree many times before. I looked casually over the speech as publlilbed with me that, though recognized by the President, the governor this morning in the RECORD, and I listened to it the other da.y with has no power to direct a soldiery to aid in the organization of the great attention, as I always do to what falls from that honorable Sen­ Legi lature, it is precisely what he has done and nothing else. He ator, knowing his po ition on this floor and before the country, and declared the body organized bythe election of Mr. Wiltz as speaker that speech as I heard it and as I read it is filled with "lies"-not in to be an illegal assembly, and directed the soldiery to exclude from the offensive sense of that term, I beg the honorable Senator to un­ the hall all persons not returned by the returning board. They derstand-but filled with the word "lies." From the beginning of marched into that hall for that purpo e, not to control a tumult, not that speech to the end of it, it is falsehood, i~ is "lie" after "lie;" and to quiet disorder, not to suppress domestic violence, but to arrest and not satisfied with single lies or even double lies, he throws them in take five men from that body. They were there. Their respective by thousands upon thousands. When I ay that the speech is filled case , by this very returning board, were 1·eferred to the body. They with this, I speak a literal truth, and yet not call in question the were admitted as members, and they were sitting in their S@ats in sincerity of the honorable Senator. As to the rest of the speech, though that chamber when these United States troops entered the chamber, not clothed in the same rugged language, it is not the le s rigorous. as they were ordered, not, I again re-peat, to put down disorder, not I attribute all to mistakes in fact, to bad logic, to falsestatesman- 1875. CONGRESSIONAL RECORD. 305 ship, and to party zeal; but it all exhibits a temper upon this extraor­ :Mr. LOGAN. I merely refer to this to say to the gentleman that it dinary occasion which ought to influence no Senator on this floor. will not do before the country to treat these statements as election­ And that I may not seem to exaggerate, I give the following as one of eering stories. If that is the programme, I am prepared right here the sample portions of the Senator's speech. with reports sworn to before committees to show that every statement In commenting npon some remarks made by Senator TIIUIL'lA..."\, the made in reference to these outrages is true; and it will not do to say honorable Senator continues : to the country that they are electioneering stories ; it will not do to He says "the outrarre business" did not pay last fall. Well, these statements say that republicans make these statements, being false, for election­ were published, and tilen there came ten thousand times ten thousa.::Jd Ues, deny­ eering purposes. When "murder!" was ringing through the ears of ing them, or excusing them, or justifying them, until the public mind in many every man in this land, and the charge known to be true-not the places was confused and confounded by the innumerable lies that were told. What was the remark of Talleyrand 1 "The same lie never wins a second victory; " murder of one man or two, but of the dozen, and the score, and the and a victory won by these innumerable falsehoods cannot be hel•l by the same hundred-men who jeer at the talk about murders, and say it is merely instrumentalities. for electioneering purposes, are seared with lron and have no sym. The whole southern people are branded, and some of our colored pa.thy for human life. [Applause in the galleries.] people too are brande

proposition, and that is sufficient for my purpose; that, having no statements of "murders and outrages" as gotten up, of course by the power in the State of Louisiana, Q,emocrats are determined lo get it, very saints of'purity and truth in the republican party, were over­ if necessary, by intimidation, by threats, by violence, by murder. Can whelmed with a torrent of "lies." His friends in the North, though it be possible that my honorable friend can be sincere in the utter­ hitherto able to staml much, became so confused under the over­ ance of such a sentiment as that t .AI3 I said before, until you have whelming torrent of "ten thousand upon ten thousand lies" that regular government you cannot have peace. You must have iu this they dicl fail him; but the Senator fla.tters himself, in the languaGe country free government; you must have fair and just laws, executed of Talleyrand, that "the same lie never gains a victory twice." I

was elected, a.nd that I did not believe there was any election on ac­ the galleries of the Senate was from persons who sympathized specially count of the frauds. I reported that; but that is not the question. with the remarks of the Senator from Maryland, I wish him to I·ecol­ Mr. HAMILTON, of Maryland. Yes, sir, it is the question; it is lect that yesterday there was as much applause on his side of the the very point. question as there is to-day on the side of the Senator from ..Maryland. Mr. LOGAN. No, sir; my question is this: After Mr. Kellogg had That finishes the speech which the Senator from New York neglected been installed as governor, recognized by the President, recognized to conclude. by Congress, recognized by the supreme court of the State, I ask the Mr. CONKLING. In reply to the very calm and appropriate sug­ Senator, does he indorse Penn's revolution in overthrowing the State gestion made by the Senator from Nebraska, I beg to remind him and government, call it revolutionary or noU the Senate that yesterday time after time when applause occurred, Mr. HAMILTON, of Maryland. There was no State government regardless of the side on which it was, the Chair admonished and to overturn; so the honorable Senator has reported. [Applause in requested the galleries to desist. I wish ruso to remind the Senator the galleries.] that a moment ago when my friend from Illinois [Mr. LOGAN] made The PRESIDING OFFICER rapped with his gavel. some observation in reply to the Senator from .Maryland, there was Mr. SARGENT. I give notice that in case there is further applause applause in the galleries. Then it was, and not when the Senator or disapprobation in the galleries, no matter who may receive it, I from Maryland had been appbnded, that the present occupant of the shaH move that the galleries be cleared. chair first repeated this admonition. Applause had been bestowed The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) upon the Senator from Maryland, the Chair on that occasion observ­ The Chair has already observed to the_citizens •ccupying the galle­ ing silence. The next time applause occurred, it was when the Sena­ ries that it is against the rules of the Senate to express themselves either tor from Illinois was upon bis feet. Then the admonition of the for or against sentiments uttered in the Senate, and I hope citizens Chair fell upon the ears of the galleries, and persisting notwithstand­ will aid the Chair in maintaining order. ing, this manifestation is made. It does not concern me; I have not Mr. LOGAN. So far as this matter of cheering in the galleries is been happy enough to enjoy the applause of the, galleries; it does concerned, I have nothing to say about it. · I will only remark that not persoua,l]y incommode me to hear it bestowed upon others; but I the cheering of sentiments sustaining a rebellion is nothing more submit t.o aoll members of this body that it does concern the character than that which I heard some years ago in the same galleries, and in of the Senate, it does concern decent ancl orderly proceeding, that the same category. Now I ask the Senator my question which I the spectators of the doings of a court, of a senate, of a legislative hope he will answer, because if he asks me a question I will answer body, shonld not conduct as if they were in a theater, in a play­ it fairly. house, or in a circus. Mr. HAMILTON, of Maryland. I must be :illowed to answer in my Mr. HOWE. I rise to make a suggestion to the Senator from Cali­ own way. I will answer. fornia. It is that instead of pressing the motion he has already sub­ Mr. LOGAN. Of course, you have a right to answer it in your own mitted, or even the modified motion suggested by the Senator from way; but when we are talking about revolutions, and when we are New York, he submit a motion which will increase the police force talking about justice and about patriotism, we ought at least to deal in the galleries with instructions that whoever is found applauding fairly with one another. The Senator spoke of the patriotism of the hereafter shall be removed from the ~alleries~ people of Louisiana as evidenced, he did not say but I might say, by Mr. THURMAN a.nd Mr. SPRAGUE. That is right. their murders and their revolutions. Now I ask him the question .Mr. HOWE. I make this suggestion because I am extremely un­ a-gain, whether he indorses the Penn revolution T I say to him that willing personally that a.ny step shall be taken which shaH prevent I indorse what the President did in putting it down. Will he be as the public from hearing this debate to the end. frank with me and say whether he indorses the revolution f Mr. SCOIT. Espeoi:t.Hy the well-behaved public. Mr. HAMILTON, of Maryland. I will answe that question. I am Mr. HOWE. Yes. The rule of course must stand upon the book very glad that the honorable Senator from California called attention and must be enforced, but we have a choice of ways in enforcing it. to this improperpracticeofdisturbingthe deliberations of this body by I make the suggestion. applause in the galleries, either for one side or the other. It is right Mr. CONKLING. I think that is a good suggestion. that it should be stopped. Our deliberations here should be carried Mr. SARGENT. I suppose it will be impossible for the officers of on among ourselves without interruption of any kind by spectators. the Senate in a crowded gallery to observe and pick out those who But, Mr. President, the honorable Senator from Illinois again most applaud and thoso who do not. The only method by which we can significantly referred to the late rebellion. I must protest that I think effectually preserve t-he dignity of the Senate and its right to free it is out of place in this Chamber, where we are gathered together debate, its right not to be interrupted in its deliberations by expres­ from all parts of the country to deliberate upon all, to pass upon all, sions from outside either of appbuse or disapprobation, is by clear­ - to legislate for all, whatever may have been the opinions and actions ing that portion of the galleries at least from which such interrup- of gentlemen now Senators upon this floor upon that question. It tions come. · was a civil war, and such a civil war the world never witnessed. Some short time since-and I forget whether it was when my It settled questions that were agitated politically for a half century, friend from Maryland was speaking or my friend from Illfuois-I that divided our people everywhere, and settled them forever. The rose and deliberately gave notice that if such demonstrations were initiative questions of that civil war are settled, I trust, forever; and repeated, I should move to clear the galleries. I have made that as they are settled, will our honorable friends on the other side of motion, but I will modify it so fa1· as to move that the galleries of this Chamber, as we now all meet together for a common interest and the men on the west side be cleared; and I think that one example for a common good, allow that war to be settled also T I do not think of the intention of the Senate to preserve its dignity will save us that it ought to be referred to in any such spirit. Let it be buried during the remainder of this session, and perhaps thereafter, from out of sight as that which gave it bitterness and strength is buried such encroachments on the dignity of the body. out of sight, and let us attend to our duties which concern us all Mr. TIPTON. I move, as an amendment, that only persons violat­ and are of the present n.nd future and not of the past. But my ing the n,!les of the Senate shall be removed from the galleries. honorable friend seems to havt> a prodigious horror of rebellion. The PRESIDING OFFICER. The question is on the amendment One hundred years ago, I take it from his American instincts, from proposed by the Senator from Nebraska. . his nature, from his common humanity, from his patriotism, he would Mr. STEVENSON. I hope the Senator from California will accept not have uttered that word in the tone and spirit that he does to-day. the suggestion of the Senator from Wisconsin. I do not think inno­ Whateveramay be said as to the late W3.1", let me tell that honorable cent men ought to be punished because there are some peraons in the Senator that American freedom was born in revolution and rebellion, ~alleries who have violated the rules. This is an interesting debate; as all freedom has been, and it is one of the very elements of free 1t has its advocates on both sides. There have been violations on thought and of a noble nature to justify the rising of an oppressed both sides of the house. people against their oppressors. [Applause in the galleries.] To err is human; to forgive, divine. Mr. SARGENT. With the consent of the Senator from Maryland, I move that the galleries be cleared. · Let us excuse it now, and confine our order to those who shall vio­ The PRESIDING OFFICER put the question on the motion and late the rules, and do not let the American Senate drive from ita declared that the ayes appeared to have it. presence ladies and gentlemen who have a right to be here, and who Mr. D.A.VIS. I call for a division. have a natural interest in what is now going on. I hope the Senat-or Mr. CONKLING. I appeal to the Senator from California, if he from Califoruia will modify hia motion as suggested by the Senator will give me his attention, to so vary his motion as to aim it at that from Wisconsin. portion of the galleries in which repeated disrespect and defiance to Mr. THURMAN. I rise to second the suggestion oi my friend from the :Klmonition of the Chair has been shown. I think it would bo Kentucky and of the Senator from Wisconsin. Here are hundreds of very unjust to clear the galleries, so far as they are occupied by per­ American citizens in the galleries of the Se~'l.te conducting· them­ sons who are willing to observe the decencies of life and the privi­ selves with the utmost decorum and propriety, and there iS no justice le~es of the Senate; but so far as those persons are concerned whom nor any excuse in anything that has occurred for turning those well­ I neard in 1860 and 1861 by their predecessors, and afterward, be­ behaved citizens out of their seats. If there are persons in the gal­ fore the eommencement of the war and somewhat later, practicin~ lerioo who are violating the privileges that are accorded them, who this same invasion upon the dignity and the rights of the Senate, 1 are manifesting applause in a way that is forbidden by the mles of have no objection to interpose to the motion; but I suggest to my the Senate, let them be dealt with. But while I am upon this sub­ friend that it ought to be adapted to the evil that exists. ject I wish to say that I do not think it. wise in Senators to heap upon Mr. TIPTON. I simply rise to finish· tbe speech of the honorable these people, erring though they are, epithets full of, I was going to Senator from New York. When he predicts that all this applause in say rancor, but I will not say that-epithets that are extremely 308 CONGRESSIONAL RECORD. JANUARY 7,

severe in what they express and still more in what they imply. It But, Mr. President, there have been interruptions that are not to will not tend or conduce to quiet, orderly proceedings in this body to be justified; :md whether the applau e or the disapprQval were for or charge any portion of the people who are listening to these debates against my own views or wishes or sympathies at what was being with bein~ traitors or sympathizing with treason. This is not the said, I should not hesitate in any case promptly to arrest it. There­ way in which order can best be preserved. Those persons who have marks of the Chair were moderate and just and proper, and would interrupted i.he debates of the Senate by their applause have done havo fonnd immediate obedience in any person who was not disposed Yery wrong indeed, and no one will censure them more than I. There to abuse the privileges of an American citizen present on the occasion have been these interruptions on both sides; and this is not by any of public debate. Sir, I do not consider that the innocent should means the first time in the history of t.his country when there have suffer for the guilty. A few men can have produced this disturbance. been such interruptions. My memory goes back a long way to the The great majority ha(l nothing whatever to do with it.· time when in the old Senate Chamber from day to day during that The Senator from California haa done, I think, wisely to accept remarkable session of Congress of 1833-'34 the galleries seemed to be the modification of some gentleman on the other side, and confine his packed with men sent there to cheer the speakers on one side of the order: for removal to a portion of the Senate ~alleries. I hope he will que. tion and to hiss down the speakers on the other. And, sir, I can still, upon reflection, deem it wiser to restrict his order for removal recollect ~:~ince I have held a seat in this body, when a certain Ku­ to those who have actually occasioned the noise and the interference Klux bill was before the Senate, that more than one Senator who was with that quiet dignity of debate which ought to mark the proceed­ advocating that bill had the cheers of not a small portion of the gal­ ings of this body. I trust the amendment offered by the Senator from lery but of a large portion of it, and a portion of it that seemed to Nebraska may be accepted, and that the Sergeant-at-Arms may st.a­ have come there to cheer all those who advocated that measure and tion in the galleries persons, employes of the Senate, who will quickly to frown upon all who opposod it. oust from the Hall those who abuse the privilege of an American citi­ Sir, all these things are wrong; no. one condemns them more than zen to be present at the public debates of Congres . I do, and I will vote with any Senator here to expel from the gal­ In the early history of this body, the sessions of the Senate, I be­ lery any man who violates the rule of the Senate. The spectators lieve, were in secret. That has been long since discontinued, with are here not simply by our permiBQion, but, I may say, as matter of the exception of the consideration of executive appointments and the right when we hold an open session, at least in accordance with the sessions devoted to the consideration of treaty stipulations. Other­ spirit of our institutions; but they are here to be listeners, not to be wise our debates are in public; and I esteem it of essence to the lib­ applauders; t:b.ey are here to b~.,ltave with decorum and not to behave erties of this country that our deliberations should be as public as in a manner calculated to interfere with the orderly di cussion before possible. Dut to make them deliberations, they must be peaceful and the body. undisturbed; and the individual who abuses the privilege of the It seems to me that the eolution of his trouble is precisely what American citizen to be present at the public debat.es upon the legis­ the Senator from Wisconsin has suggested. Let t.he Sergeant-at-Arms lation to affect his country has no right to complain if he is expelled station enough men in the gallery to see who the offenders are. That from the Chamber where these debates are held. course has been pursued before, and it has seldom failed of having I aak for information whether the amendment is in form before us, its proper effect. If that shall fail, then I shall vote for clearing any providing that the order· asked for by the Senator from California. be .Portion of the gallery that shall thus violate the privileges of the so modified as to place in the galleries a proper number of employes Senate. of the Senate who shall see that any one who interferes with the Mr. SARGENT. Mr. President, the ex:unples which the Senator order of debate, either by approval or disapproval of whatever may from Ohio has given, of disorders in the gallery of the Senate hereto­ be said or done upon this floor, shall be instantly expelled f I cannot fore, certainly should be a warning to the Senate to take efficient believe tha,t any American citizen who is not totally lost to his own measures to prevent their ~ecnrrence rather than a precedent for our self-respect and a sen,.se of what is due to the dignity of citizenship neglecting them and thereby encouraginS them. \Vhy, sir, when it will expose himself to such public ignominy as that would involve. shall happen in the Senate of the Unitea. States that we are in the Furthermore, let me ask, is there precedent for the actual carrying condition of the old French Convention, when the populace of the into effect of an orcler of this kind T Have we thus far in the historv city of Paris invaded the chamber and holding forth their hands with of our country found it necessary actually to empty the galleries of threats compelled legislation by their intervening in that manner, by the Senate because of similar indiscretions and improprieties T There showing popular passions and overawing the judgment and better are gentlemen here of long service-none longer than the Vice-Presi­ disposition of the Fre:o.ch legislators, then indeed all except the mere dent who ordinarily occupies the cha,ir. Unless I am misinformed, form of free government is g01.e. If we cannot here without inter­ (and of course I do not speak from my short experience,) an order of vention by those in the gallenes pursue our own course of delibera­ the kind indicated has never h.ctually been carried into effect. If I tion, pass our m~asures without being overawed or being encouraged am right as to that, I had rather postpone the day when the Senat.e by these methods, then we bad better adjourn the session and resolve shall exerci e that power which I think it is perfectly competent for these questions not by a Senate of the United States but by a popu­ it to exercise to preserve peace and order in the deliberations of this lar assembly. body, whether the disturbance come from the galleries or from the Now, sir, I believe that it is better to ma,ke an example in this mat­ floor or from any other quarter. I would ask whether there is any ter, bett.er to show that the Senate is determined from this time out precedent for the carrying int-o effect of an order such as is propo ed'f to the end of this session that it will not have these scenes of inde­ The PRESIDING OFFICER.· The Chair understands that the gal­ corum in the galleries around us. If this is done once, I believe it will lery ha been cleared heretofore by the order of the Senate. be effectual for all time. If there was any possibility of singling out .Mr. BAYARD. I was not aware of it, Mr. President. I need not those persons who have been warned over and overagain to-day, who say further that I heartily concur, and I trust that my mode of speech have been distinctly notified both from the Chair and from the ftoor here and my a~tion will show how far I heartily contribute to pre­ of the Senate that such conduct would result in clearing the galleries serve the decorum and the dignity of this body on the floor, and how and was j_u violation of the rnles, and who were thus warned yester­ much I shall seek to impose upon the public the same law that I im- day when these scenes of disorder commenced, then I should be per­ pose upon myself. . fectly willing that the amendment of the Senator from Nebraska Mr. THUR~!AN. I have drawn up according to my recollection, should be adopted. I certainlydo not desire to drive the publicfrom and I think in very nearly the words that were used on a very the opportunity to hear our deliberations. I am perfectly willing that memorable occasion, an order which I suggest to the Senator from the galleries shall be filled and to any number, and that any one California that he shall accept instead of his motion. There was an shall ~orne who will behave with decomm and listen to our debate ; occasion when there was much greater disturbance of the proceedings but when our debates are interrupted and we are forced into the very of the Senate from applause in the galleries than has occurred to-day, discussion of measures by which we can protect ourselves from such when after discussion by the Senate an order was made precisely in tmseemly proceedings, it seems to me things have come to such a pass substance like that which I have drawn up, and under it certain that the Senate ought to take effectual action to vindicate its dignity. offenders were arrested and brought to the bar of the Senate. I send Mr. BAYARD. Mr. President, the Senate of the United States is a. up this order to be read, and ask the Senator from California to accept deliberative body, at least in theory, and it certainly should be so in it. If be does not accept it, I move it as a substitute for his resolution. its invariable practice. We here, the representatives of sovereign The PRESIDING OFFICER. The proposition will be reported. States, should me~t for the purpose of deliberating upon the general The Chief Clerk read as follows: gootl. It is perfectly plain in the first place thatwearethe controllers Ordered, That the Sergeant-at-Arms be directed to place in the galleries a suffi­ of our own mode of deliberation, and that if the method of speech cient police force to arrest any person or persons who may disturb the proceedings and public address in this Chamber is suited to the grave duties of the Senate by marks of approbation or disapprobation, and report such arrc ts which we have to perform there will be but little found to awaken to the Senate. mere popular applause or popular condemnation-! mean the mani­ .Mr. THURMAN. That is the order th:J,t was made on the verv festations by cheers or by noise of any kind of approval or disap­ memorable occasion to which I have alluded; it sufficed then, and I proval by the .American public of what we may say. But our respon­ think it will suffice now. sibilities for what we say or how we may say it are to the country, Mr. CONKLING. What was the occasion T • and we arenot to be interfered within this our Chamber of delibera­ Ur. THURMAN. The occasion was the debate on the removal of tion. I will go as far as any man within the body in insisting upon the deposits. ' the rnles of order that shall apply to the galleries as well as to the Mr. SARGENT. I have a very strong hope that after the marked floor of the Senate, and that nothing shall be allowed either on the disapprobation by both sides of the Chamber of the undignified con­ floor or in the galleries that shall interfere with proper deliberation duct which has been committed by some per ons in the galleries npon public subjects. · dnring this morning's session and ou yesterday, this will be sufficient

• 1875. CONGRESSIONAL RECORD. 309 to prevent its recurrence. So hoping, I am willin~ that the resolution of any such recognition. We believed then, as we believe now; that just offered shall be adopted; but I now give notice that in case this Kellogg is there acting as governor without a tittle of authority, 1·esolution does not prove effectual and we are interrupted by tbese usurping the rights of the legally-elected governor of that State; unseemly proceedings from any part of the galleries hereafter, I shall that he is there without the forms of law and in defiance of all law; renew the ori~JJ!al motion which I made that the galleries be cleared. that he was put there umlerthe order of a Federal judge denounced by 1r!r. MORRlLl.J, of Maine. I hardly thlnk it is necessary to pass the honorable Senator from Illinois and by the honorable Senator from this resolution. The resolution mUBt necessarily lead to providing Indiana as illegal, unconstitutional, and as a gross usurpation of an additional force, which I should hope at this day was not necessary authority. Being under such an order pnt there by force, and, too, to the Senate of the United States. by tbemilitarypowerof this Government, I hold that he has no mora The PRESIDING OFFICER. The Chair will say to the Senator right in the executive chair of Louisiana than I have to-day. that the Sergeant-at-Arms states that there is sufficient force now Unless a wrong done and repeated in every stage of its progress employed. toward the consUIIlll!ation of its object~ will in the end constitute a Mr. MORRILL, of Maine. Then I certainly think there is no neces- right, an indefeasible and perfect right, then the honorable Senator sity for the resolution, because it is the duty of the Sergeant-at-Arms may be correct in the position be has taken; but with a full knowl· to do this very thing without a resolution. Is the idea that we are edge of the facts of the whole question as we possess them, and with legislating here to keep the galleries quiet f If gentlemen going into a knowledge, too, that at no time did Kellogg's government receive­ the galleries cannot observe the decorum and propriety of this place, the acquiescence of the people of Louisiana, but from the day of its they should not be allowed to enter the galleries at all. Nobody inauguration there has been one continued prot.est against it up to the knows better than the Sergeant-at-Arms that this i8 his duty, and present time, any fair-minded man mUBt be impressed with its utter nobody is more faithful in the performance of it; but the idea that hollowne s, its utter want of authority, and of its disgraceful imbe­ we are to be interrupted in our debates and spread upon the record cility. an admonition by resolution to gentlemen and ladies who come here Mr. President, I ~orne to the particular question: In that condi­ as to the proprieties and decorum of the galleries, seems to me quite tion of things what were thos0 people to do r They believed that absurd. I hope the resolution will not pass. they had fairly secured political power in that State. We had A-Ir. TIPTON. I heartily concur in the order offered by the Senator the official returns, made regularly, of that election before a com­ from Ohio, and rejoice at its acceptance on the part of the Senator mittee of "this body. They showed the election of McEnert and from California, and I have no hesitancy in saying that if the Ser- Penn aml of a Legislature in sympathy with them. They believed geant-at-Arms is not able to keep order in this Chamber, we have the that mere usurpers were ruling them and legislating for them against Army of the United States very near. [Laughter.] . the expressed will of the people. Believing that, they rose against The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) that government, or rather against the intruders in their own gov· The quee,tion is on the substitute proposed by the Senator from Ohio, ernment. I ask t.he honorable Senator whether they raised their which the Chair understands is accepted by the Senator from Cali- hand against the United States t They defied no Federal authority, fornia. Before the question is put, however, the Chair will state, in they >iolated no Federal law; but, on the contrary, when called upon,. justice to the uniform fairness of the occupants of the Chair, that he though improperly called upon as I hold, upon the part of the Presi­ canconfirm therecollection expressed by the Senator from New York, dent, they obeyed every requisition, peaceably yielded their own that the present occupant of the Chair withheld correct.ion of disorder rightful authority so suddenly acquired, and quietly disp~rsed. I in the Senate at the applause expressed upon remarks made by the believe they were only asserting those rights of self-government in Senator from Maryland, and it was not until the Senator from Illinois attaining that power in the State to which an election had entitled expressed his views, and applause followed, that the Chair interposed them, and from the just exercise of which they have been so fraud­ admonition to the occupants of the galleries, deeming it p~rhaps wise ulently and forcibly deprived; and if I know my honorable friend lest the Chair should be criticised in his int-ended impartiality. The rightly, [Mr. LOGAN,] his martial courage, that he belonged to question is upon the order proposed by the Senator from Ohio. the old democratic party iii its best days-that party tha.t never Mr. BAYARD. May I be permitted to say that had the Chair ar- failed to condemn usurpation and wrong and dared to .advocate rested the applause in the galleries that followed the remarks of the always the duty of a free people to assert their rights-! feel jus­ Senator from Maryland, he would have been sUBtainecl by every gen- tified in saying that he ought not to denounce that demonstration tleman on this side of the Chamber, and by nobody more promptly of the people of Louisiana as revolutionary. Believi.Q.g that they than by the gentleman whose remarks were improperly applauded. were to be deprived of their sacred right to local self-government by No one on this side of the Chamber would have sUBpected you, sir, of intruders, not coming in conflict with Federal authority, obedient to anything like unfairness in the place that you occupy, for all our all Federal laws, it be~~ exclusively a matter concerning their own experience of yon has been that you have always been fair and just. local government aml t.lleir own domestic affairs, it was a question

You need not, sir: have waited until applaUBe should follow on the wit.h that people solely and purely, and it is not for us to condemn2 other side, I may say the other political sicle of this Chamber, be- or, if you please, to approve. It was their own domestic broil. They cause we consider that when you do your duty, although it may be asserted their right in maintaining what they were entitled to have to rebuke some democratic partisan, the whole democratic party of at the hands of the people-the control of their own domestic govern­ the country will stand by you in it. ment. They violated no Federal law in undertaking to assert that 'fhe PRESIDING OFFICER. The question is on the resolution right. That government-the Kellogg government-disappeared as proposed by the Senator from Ohio. · · the morning mist before the effulgence of a rising sun. It showed a The resolution was agreed to. pitiable weakness: It disclosed to the people of this country what a The PRESIDING OFFICER. The Sergeant-at-Arms will enforce sham and fraud it was, and the people of this country responded; ::~tnd the order of the Senate. The Senator from :Maryland will proceed Iwouldhere statetothehonorable Senatorthattherewasnoqnestion with his remarks. before the American people that gave so much direction and momen- Mr. HA.}fiLTON, of Maryland. Mr. President, when interrupted tum to the popular thought and action last fall as that simple dem­ by the question of order, I was about to reply to the question pro- . onstration of the people of New Orleans and the dispersion and anni­ pounded to me by the honorable Senator from Illinois, [Mr. LOGAN. J hilation- of that farce of a government. Having done it, the highest In reply to that question, I would briefly state in a very few words legal minds in the country-:Mr. O'Conor, for illustration-said it was the condition surrounding the people of Louisiana and the position wrong for the President to reopen the question and reins,tate Kel­ taken by the honorable Senator from Illinois in relation to that con- logg; that there was a government established upon that occasion dition. He united in a report made in January, 1873, that there by the people aml through tJ:l,e people, and with which we had noth­ was no State government existing in the State of Louisiana. Ifthere ing what-ever to do-not, at all events, until it should come in conflict was no State government existing in the State of Louisiana, then with Federal authority. Th:i.t is the only time when we are permit­ there was opportunity for violence, for disorder, for every species of ted to speak to it in this Hall. But with the domestic broils, political crime. Those people-were then, according to the opinion of thathon- troubles and changes, and the making of constitutions in States, we orable Sena~r, without any State government, in fact in a condition have no more to do than the Emperor of Russia until it comes in its of anarchy. Allow me for one moment to remark here that people relations within the prescribed terms of the Constitution, where we being in that condition without a State government, we must behold can exercise Federal authority. with admiration and applause their conduct in maintaining among Mr. LOGAN. Now, if the Senator will allow me, I presume he has themselves the peace and order that they did. no disposition to evade the question, nor has he a disposition to place But he said there was no State government. What was there then any other Senator in a false position. He has anwered my ques­ if there was no State government 7 We on this side of the Chamber tion. It has taken him a good while to do it; .but yet his mean­ said that there was a State government elected by the people, but ing is very easily understood. The position he attempts to place me preventedfromexercisingtheauthoritybelongingtoitbythemilitary in is this: That inasmuch as the committee of the Senate reported interference of this Government; that Mr. Kellogg UBurped the office that the frauds were so glaring in Louisiana that we could not recog­ of governor, exercised its power, and was held in that position against, nize the election of either party, therefore, on account of my being the popular will and without the forms of law by the Government of oh that committee, I must admit that no government was established the United States, by the armed soldiery of the United States. While inLouisiana,tbeovertbrowingof which would be revolution. Heistoo the honorable Senator admits that he did unite in the report that there good a lawyer (and he is ou that committee himself) to make such a was no State government in Louisiana, he asserts and bases his action statement as this as a legal proposition. The question does not go to to-day upon the fact that Kellogg was recognized by the President the election of Kellogg or McEnery; it goes merely to the fact as the executive of that State and also by the supreme court of that whether the ten thousand armed men under the lead of Penn were I State. Abovt all that I care nothing. I diu not believe in the force engaged in a revolutionary movement. That is the only question. 310 CONGRESSIONAL RECORD. JANU.ARY . 7,

I will pnt a case. He knows aa a lawyer that, (whether there was every parish, and the returning board was, with I believe one ex­ any election in the State or not,) Kellogg occupying the seat as gov­ ception, in sympathy with him, if not his mere creature . I am not ernor, recognized by the President, recognized by the supreme court advised, but if the board was organized under the law of 1870 he wat~ of his own State, anc.l by the authorities of the National Government, a member of it, together with the secretary of state, the lieutenant if not governor de }ure was governor de facto. He knows that as a governor, and two others. lf organized under the act approved by legal proposition. That, then, being the basis of my question, without Warmoth on the 20th of November, 1872, then the senate, a body of reference to whether he was elect-ed or not~ he being governor there his own fi·iends, selected the returning board. . cle facto whether de jw·e or not, could a revolution take place a~ainBt 1\Ir. President, the conspiracy was complete to retain Kellogg in that authority f As a lawyer he understood my question, ana as a power, just as complete as when Attorney-General Williams tele­ lt~.wyer he has very sagaciously evaded it. If he had not been a law­ graphed to the general commanding in New Orleans to carry out yer he would not have known so well how to get around the question. any mandate that might be made by the courts there in order to put It was a question clearly put by one lawyer to another, a simple plain Kellogg in power. The conspiracy was complete to secure the Leg­ proposition,whetheror not the movement of ten thousand armed men islature. He knew that without it he could not live. When I say to overthiow"the government of Louisiana (whether a government live, I mean politically; nobody has hurt him. Whatever he may have de jure or de facto is immaterial) WaB revolution. The Senator knows done to others there, he is undisturbed, unmolested physically, and it. My question was, did he indorse that revolution. can live there for all time, I do not doubt, in his proper position­ Now, in order to show him the position he puts himself in, I will that of a citizen obedient to the law. Then that returning board, so put another case. It seems strange that if in the course of argument constituted, and in fact having control of all elections in that State, any Senator shall allude to the past history of this country he is cen­ sa~ for sixty d~s upon the returns; and of course, as it was ordered sured for it. If an allusion is made here to our recent unpleasantness, and expected, returned a majority of republicans, rejecting or amend­ as some writers call it, we are told that that ought to cease in this ing returns of parish upon parish t.o do so. $o palpable, however, Chamber. I hope I may be pardoned, however, for making this refer­ were the cases of five parishes, where while they would not give cer­ ence. I recollect some time ago that there was a' person named Jef­ tificates to the men elected, they did not give certificates to their po­ ferson Davis, claiming t.o be president of a number of States confed­ litical friends who were not elected, but referred their cases to the erated together against the Government of the United States. They Legislature, but were certain enough to give certificates to a sufficient were so confederated without authority of law; and yet, I will not number for the organization of the house in the int-erests of Kel­ say the Senator now but other Senators believing as he doet~, recog­ logg. The board, having secured a majority in the house, was nized him as president de facto of a government. Governments even then willing to throw some responsibility upon it in deciding upon recognized him as president de facto of a ~overnment. We exchanged the membership from these five parishes, whose members that board prisoners with him, and thereby recogmzed his as a government de thought at least were practically excluded from the body. facto. The Senator cannot escape a proposition that was so well un­ You can see precisely the condition of thing . Was there hope for derstood by lawyers and statesmen by dodging it, and saying that if any patriot; was there hope for any lover of law and order; was the liberties of the people are invaded they are justified when they there hope of escape from such a government! None upon earth. assert them. He cannot evade the proposition by saying that no elec­ It wa.'3 to be perpetuated; and therefore, when the 4th day of Jan­ tion had taken place there, and that therefore there was no govern­ uary came, the day of the meeting of the Legislature, necessarily, ment to be overturned. naturally there must have been a feeling of the deepest inten ity Mr. HAMILTON, of Marvland. The honorable Senat.or must excuse pervading all classes of that people ; for it came (lirectly home to me, but I have the floor. ( always listen to him with great pleasure, them whether they were perpetually to be under this domination, but I would prefer to go on myself. never to be rid of it. With such a returning board, both houses in Mr. LOGAN. We are both a good deal alike; we are like steam­ the condition we find them on that day, with Kellogg and his crea­ engines, that when started do not like to stop. ·[Laughter.] I beg tures in power, the question was whether, ever, and if so how wore the Senator's pardon. they to be relieved from this u urpation, from this mi government. Mr. HAMILTON, of Maryland. I see that the State of Louisiana The question with Kellogg, on the other hand, was whether he was has given trouble to the honorable Senator from Illinois; and as the to be any longer governor if the organization of that Legislature was, transaction to which he refers occurred prior to the Illinois election, democratic, and .how such a thing could be avoided. I have no doubt that the honorable Senator had a fair opportunity of You may well imagine the feelings, the hopes, and fears of all. discussing all these grave questions before the people o:t his State in Arrangements were m!lde for the return of a majority of republican relation to governments de jttre and de facto. With that we have noth­ members. Arrangements were made as early a.s December 26 to pro­ ing to do on this occasion. vide that soldiers of the United States be on hand; arrangements One thing we

naturally be true. Take the time he was there, with the number of orable Senator ge up to defend Warmoth at this day. I remember facts connected with the whole matter, with his general wantofknowl­ well the time when we heard eulogies from that honorable Senator euge of political complications and particularly of the relations of upon Warmoth. But I was under the impression that all that belooged that people to this Government and of their own rights, besides the to the past, and was not prepared to hear the Senator defend him fact that not a single act of violence or defiance had been committed to-day. It shows what we are able to do when we are willing. The while he has been there! ·He must have come to his knowledge by intu­ Senator is now speaking about a street fight between Warmoth and ition. With charges more comprehensive than Burke's against Hast­ some editor. Remarkable instance, indeed, to which! am referred for in!!S, he maligns a whole people with crime. murder and assassination! This is an occurrence not confined alone to i give the communication of Sheridan made to the Secretary of New Orleans, I would say to the Senator; not at all! Even editors War, which was re:td by the honorable Senator, at length: at times fight one another. HEAJ)QUARTERS MILITARY DIVISION OF TRE MISSOQRT, But let us see what the Senator did say of Warmoth at one time: New Orleans, Loui8'i4na, January 4, 1875. By his statesmanship he has evolved order out of chaos; by his determination Hon. W. W. BELK.'UP, Secretary of War, Washington, District of Columbia: he has subdued the spiTit of misrule; by his conciliation and magnanimity he has ~ed political enmity of much of it.s rancor; and by his fidelity to the high It is with deep regret that I have to announce to yon the existence in this State of duties of his office he has set a noble example to the chief maaistrates of other a spirit of defiance to a.llla.wfol authority and an insecurity of life which is hardly States which ~t w:ould be w~ll for the peace and welfare of our country should be realized by the General Government or the country at large. The lives of citizens followed. He 1s himself the rmpersonation of the success of thereconstmction meas­ have become so Jeopardized that unless somethin~ is done to give protection to the ures of Congress and republican principles when faithfully and ably adminisetred. people all secunty usnally afforded by law will De overridden. Defiance to the laws, and the murder of individuals, seem to be looked upon by the community here That is Governor Warmoth as drawn by the honorable· Senator from a stand-point which gives impunity to all who choose to indulge in either, from Louisiana three years ago. Drawn, too, with all the emphasis­ and the civil government appears powerless t~ puniRh or even arrest, I have to-night assumed control over the Department of the Gulf. ! judge the Senator could command. P. H. SHERIDAN, Mr. WEST. · 0, yes, three years ago. .Li.eutenant- G~ne~·al. 1\Ir. HAl\fiLTON, of Maryland. You have not changed your opin- He regrets to state that there is a spirit of defiance to all lawful ion about him, have you f authority, and insecurity of life, which is hardly realized by the Gen- 1\Ir. WEST. Not about his actions at that time. · eral Government or the country at large! . Mr. HAMILTON, of M:i.ryland. But since f How did he ascertain that fact T What does the honorable Senator 1\fr. WEST. Since then, most assuredly. consider "lawful authority" in the city of New Orleans f The Legis­ Mr. HAMILTON, of Maryland. Just see the evasions, the subter­ lature in session! Kellogg installed by Federal bayone-l;s. "Lawful fuges of honor~ble Senators on the other side when they undertake to authority" in the city of New Orleans! I assert here to-day, I as­ put assassination and murder upon the good people of New Orleans; sert it as a fact which the honor~ble Senator from Louisiana [Mr. and, when called upon to be specific, the Senator from Louisiana, him· WEST] will not deny, that peace and order prevailed that day, the self living in New Orleans, did mention but one instance, and did not 4th of January, in the city of New Orleans, that there was no mau give the name of the murdered man at that! True, he gave us a man slain, that there was no man molested or disturbed in any way by the shot at and missed, another missing, and a street fight between au people-if so, name him ; that there was no man murdered-if so, editor and a politician. I refer the Senator to New York and all name him-on that day, or days preceding or days subsequent. other cities in the country for a far better exhibit in the murder and Mr. WEST. 0, yes. . assassination business than New Orleans can· furnish. But one is Mr. HAMILTO~, of Maryland. There may have been one; who named, and that an unsatisfactory one; to name but one am ill all this was heT . bloody work! I would call the attention of my honorable friend from Mr. WEST. There was an officer of the United States Government, Indiana to that impressive fact. an assistant appraiser in the custom-house at New Orleans, walking 1\Ir. MORTON. Of what is the Senator speaking f peaceably alon$ the street, who was mistaken, it is supposed, for a Mr. HAMILTON, of Maryland. I am speaking of t'he condition of member of the Legis1'ttlrre and was shot down; and nobody discovered thingij since the Penn troubles in the city of New Orleans. I am who did it, and nobody was arrested for the crime. . referring to the times when you undertake to say there wa-s tumult :Mr. HAMILTON, of Maryland. There was one man shot. Any other T and disorder, murder and a sassination anti violence, in the city of Let us understand it. New Orleans. Mr. WEST. I do not know that that particular bullet hit anybody Mr. 1\!0RTON. Will the Senator state how many were murdered else; but I will tell him that the most prominent judge of a crimi­ on the 14th of September t nal court in the city of New Orleans has been missing for five days, Mr. HAMILTON, of Maryland. 0, we understand that. The 14th and that nobody ha.s been able to discover his whereabouts. He is a of September was an open conflict between citizens and citizens-a republican also. movement of masses of people. Mr. HAMILTON, of Maryland. I will tell you one man that is not I am talking about murders and assassinations. I amtalkinO' about missing, and ha.s not been missed since the first day of trouble in that ~hich is held up with so much pa ion to the indignatio~ of the Louisiana, that is Kellogg. Durell is not missing-not in that sense. Am.~ncan people to move the honest hearts of that people against Packard is not missing. It is an important matter th:tt KelloO'g therr brethren of the South. We know what murder-what assassi­ should be there; and he is there, and nobody disturbs him. Where a~e nation is. We must not mix them up with a conflict of masses of the assassins in New Orleans f . Why do they not strike at Cresar, in­ people. -Greater motives impel them, great-er reasons are behind them stead of an humble colored man or individuals so humble whose names than can inspire the hand of the assassin and of the murderer. I am cannot be given T Your legislators are there; are any of them slain speaking as to that which honorable Senators on this floor have or in ~ywise disturbed T You, sir, live there, are with these peo_ple, charged upon the people of New Orleans and Louisiana, and not as denounce them on this floor, and you appear here session after sessiOn. to the str!lggles of an oppressed people to rid themselves of their You are not disturbed nor do you fear that you will be. I know of oppressors. no man prominent in the politics of that State who has been mo­ Bnt I have been led away from the course of my remarks by inter­ lested in any way. If there ha-s been one, name him. Dibble is there, ruptions, but to which I do not object. Now allow me to call the Durell is there, Kellogg is there, Pinchba-ck is there, Packard is there, attention of my honorable friend from Vermont to another fact in Casey is there; yes, amid all the blood and murder in the State of regard to General Sheridan. He read, as I have already said, from Louisiana and in the city of New Orleans, these men, these C::esars in General Sheridan to show you the condition of the people of Louisiana political power stand out in prominent "View before the public un their spirit and conduct. Having relied upon Sheridan for a state~ harmed and untouched; but the honorable Senator will get up her" ment of facts, I would ask my honorable friend whether he relies and, for the purpose of sustaining the "outraO'e business " tell us equally upon him for his law f I am sorry that that honorable Senator of one man slain, of another shot at by mistake~ and of so~e judge is not.now present, but if he relies upon Sheridan, who, by his intuitive of some criminal court missing, not heard from for five days, and a sagacity, can apprehend facts unknown to others, ancl by his all-wise republican-not an unusual thing-these days for meu to be missing and c•mprehen.Sion and broad intellect solve their relations at once, can republicans too; ~nd yet no one believes they have been murdered. in four days measure the conduct and motives and spirit of the peoplo Mr. WEST. Will the Senator from Maryland pardon me if I will of New Orleans and of Louisiana, I would like to know whether he furnish him another instance f Does he desire me to do itt I do not w-ould be disposed to attach that same sagacity and comprehension want to interrupt him. . to his knowledge of the law. Here is Sheridan on law. Let me give Mr. HAM[LTON, of Maryland. I have no objection. It is not very it at length, and then a few comments: hard, I suppos~, for the honorable Senator to find another instance. HEADQUARTERS MILITARY DIVISIO~ OF THE MISSOURI, New Orlean8, Lotti.siana,, Jamtan.J 5, 1875. They are so plenty down there, there are so many assa sins and mur­ Ron. W. W. BELKNu, derers there, that there ought not to be much trouble in finding any Secretar-y of War, Washington, D. 0.: number; but let us hear it. I think the terrorism now existing in Louisimla, Mississippi, anfl Arkansas could 1\Ir. WEST. I think the Senator has called upon me to cite some be entirely removed and confidence and fair-dealing established by the arrest and trial of the ringleaders of the armed white-leaguers. If Congress would pass a instances. I will cite him another. An ex-governor of that State, bill fleclaring tliem banditti, they could be tried by a military commission. This beca~e he was striving to defend the rights of the colored men in banditti who murdered men here on the 14th of last September, also more recently the mty of ~ew Orleans, was brutally stricken down by the editor of at Vicksburgh, Mississippi, should, in justice to law aud order and the peace ann pros_perity of this southern part of the country, be punished. It is possible that if a democratic paper and, had to protect his own life by takincr0 that of his a-ssailant. · the PresiO.ent wool(l issue a proclamation deelarin~ them ba.nditti that no further action need be taken except t.hat which would devo1ve upon me. Mr. HAl\ULTON· of Maryland. I think the Senator is referring to P. H. SHERIDAN, his friend Warmoth. [Laugh~r.] But I do wonder that the hon- Lieutenant· General United States .Army. 312 CONGRESSIONAL RECORD. JANUARY 7,

Says Sheridan : • the arrest of some or the dispersion of a.ll the members in both Houses I think tho terrorism now existing in Louisian.'l., .Mississippi, and Arkansas- of Congress, and the regular Army, taught as it is now, will do it if ordered. He has not been in either Mississippi or Arkansas- Here lies our great trouble and our greatest danger. I am not opposed could be entirely removed and confidence and fair-dealing established- to the regular soldier as a soldier in the discharge of his duties. But Fair-dealing between such men as Kellogg and those under and we know that he is in sympathy entirely with the Federal Govern­ around him in the State of Lonisiana!- ment and entirely obedient to ExecutiYe authority. At West Point, in established by the arrest and trial of the ringleaders of tho armed ~hite-leagures. this respect, they are taught simply obedience to the President as their Commander-in-Chief; never taught reverence for the Constitution "By the arrest and trial of the ringleaders of the armed whito­ and the laws as supreme over all. They obey, they will execute leaguers l" Who are they t any order coming from superior officers. Were the President but to If Conwess would pa.ss a bill declaring them banditti, they could be tried by declare these people banditti, with Sheridan willing to execute in the military commission. spirit he wrote, his orders would be obeyed whatever they might be, A military commission, Mr. President, do I read f Let me pause. however barbarous, however repugnant to liberty and law they might A military commission was one of the applia.nces, tho horrid appli­ be, rather than as honorable men first and soldiers afterward lay down ances-! will not speak of the civil war; it is gone, it is to be their swords. Notwithstandingth.eeduca.tionof the day and the train­ hoped, forever. Its use will forever remain a blot upon the fair fame ing at West Point, I hold it to be the first duty. of a true American of American liberty. It will not out. Our birthright, coming to us soldier, whether he be of the regular Army or of the militia., when his from our English ancestors, an institution wrought out by wisdom commanding officer would undertake to command him to strike down and experience and maintained by their va-lor-the trial by jury i. and .American liberty, the Constitution and laws of the land, that he should as history is written, and as it goes down the tide of time, every over rather suffer degradation than obey it. He is to be the judge, true. of liberty in all time to come will be referred by it to the black night And he does it upon the grave responsibility whether he be right or that closed over for the time American liberty, free institutions, and wrong; but no one that is fit to be an .American soldier can fail to constitutional forms of government. A military commission! My know that to refuse to obey an order to disperse the Congress or any honorable friend upon the other side has great confidence in Sheri­ one of the Legislatures of the States is to discharge the highest duty dan's intuitive knowledge of what occurredin the State of Louisiana he owes to his country. in four days. He is a lawyer, and a profound lawyer, and particu­ I depend upon the militia of the States and the people of the States, larly apt in drawing statutes; will he draw for his friend Sheridan a wh9 are in sympathy with our forms of government and are willing statute that shall comprehend these banditti, and put them in the safe­ to discharge all the rightful duties required upon the part of the keeping and tender mercies of a military commission t · But, not that Executive, in the execution of t.he laws. alone. This general who has been sent down by the President, in Now, Mr. President, a little longer, and then I a.m done. I wish to view of the organization of this Legislature, to deal with the ri~hts call the attention of the Senate to another dispatch from General and liberties of a free people, does not stop there. He ~oes a little Sheriuan, and which docs not appear to have attracted the notice of further. If my honorable friend should fail, with all his conceded Senators upon the other side of the Chamber. You may think I am ability in framing statutes, to meet Sheridan's views, and Congress alarmed about soldiers. I do not care for them generally. I prefer should do nothing of the kind, then says the soldier and lawyer: people in the other pursuits of life. Physical courage is a very com­ It is possible that if the President would issue a. proclamation declarin$ them mon thing; everybody bas -it in a greater or less degree. You may banditti, that no further action need be taken except that which would a.evolve say that man is a brave man; you may say that of many-of mil­ upon me. lions in the United States. All men will fight; there are very few Republican Sena.tors may smile themselves at this. All that is that will not. There is hardly any man anywhere whowillnotfight wanted now under our form of government is for the President to on a proper occasion or when pressed to it. History, from its earli­ declare them banditti I Here is an officer high in military fame, est dawn to the present, is but little more than an uninterrupte

"afraid" of anything on earth, especially "idle threatB." He then is a desire for a short executive session, I will yield the floor to that takes wings for the air, and finds there what is far worse than "idle motion. · threats;" that it is impregnated "with assassination," and has been Mr. PATTERSON. I was going to make a motion that the Senate for s~me two years. Think of it, that he should be the commander adjourn. o~ that important department of the country to take care of the Mr. BAYARD. If that is t-he desire of the Senate, I will submit a. interests of the people! Unfit as a military man, unfit as a man motion to adjourn, leaving this the unfinished business, so that I simply to take care of any people, much less a people situated as they shall have the floor to-morrow. Therefore I move that the Senate do are. Afraid! I would ask my honorable friend from Louit!iana [.Mr. now adjourn. 'VEST] why afraid f Though my honorable fi·iend does denounce The VICE-PRESIDENT. Will the Senator withdraw the motion those people, he 'does it in a political sense a,nd for political purposes, for a few moments, that ·the Chair may lay before the Senate certain and I know and he knows that he is not "afraid" to be among them House bills for reference f any more than Sheridan. There is no one there to assas inate the Mr. BAYARD. Certainly. honorable Senator from Louisiana, who, when he returns from his HOUSE BILLS REFERRED. home in New Orleans to this Chamber, is always looking better than when he left at the close of the session for his home in New Orleans, The following bills from the House of Representatives were sever­ to where all this blood and murder and assa~sination is going on. If this ally read twice by their titles, and referred the Committee on Mili­ were all true as depicted in this Chamber, I would look for some of its tary Affairs : effects upon the nervous sen&ibilities of the Senator. I see none; but The bill (H. R. No. 103) granting the Memphis and Vicksbur(J'h cool and calm, his own looks t-ell us that he is not afraid. Kellogg is Railroa-d Company the right of way along the river bank at the not afraid, Diuble is not afraid, Packard is not afraid, Casey is not national cemetery at Vicksburgh, Mississippi; afraid, ~nd why should Sheridan be afraid j All the e people live The bill (H. R. No. 1678) to provide for post-quartermaster-ser- there, nobody is assas iuated, and nobody is disturbed, nobody is mo­ geants; · lested in their lawful pursuits. The bill (H. R. No. 2724) for the relief of certain States and Terri­ Can it be conceived that we are living in such times that we tories, on account of ordnance stores issued to them during the late have generals at the head of onr armies announcing such sentiments of civil war; ill-will and of hatred against those people f I know that republican The bill (H. R. No. 4187) to donate certain artillery equipmenta, Senators on the other side of the Chamber are not any more in favor &c., t.o the trustees of the Soldiers' Orphans' Home of the State of of military rule or of mere soldierM being at the head of the Gov­ Illi:Qois; ernment than I am; but wheu thf} time comes, with the weakneos of The bill (H. R. No. 4188) to release the Fort Butler military reser- · human nature they think that they are able to use a soldier for the vation; accomplishment of a political object, Utnd there end it. The prize is the The bill (H. R. No. 4185) for the relief of Brevet Brigadier-General control of over $400,000,000 a year, besides the countless offices, and B. S. Roberts; and having pLace and position here for themselves is something; and if The bill (H. R. No. 4190) for the relief of William H. Carmen. they ca.n secure the aiu of a military .chieft..1in who may possess per­ The bill (H. R. No. 38'23) making appropriations for fortification~ sonal popularity in obta.ining all this for them, while he has for his and other works of defense for the fiscal year ending J nne 30, 1876; share the other end of the avenue, it is something for all; but the was read twice by its title, and referred to the Committee on Appro­ republican maases do not want the rUle of men like Sheridan over priations. them any more than do the people of Louisiana, and our republi­ E~llOLLED BILL SIG~""ED. can friends npon the other side of the Chamber will soon discover A message from the House of Representatives, by .Mr. CLINTO:Y that. LLoYD, its Chief Clerk, announced that the Speaker of the House If Senators were in the situation of those poor people and saw a had signed the enrolled bill (S. No. 1044) to provide for the resump­ government put over them against their will and put under the tion of specie payments; and it was thereupon signed by t-he Vice­ absolute control of the colored element, under the lead of carpet­ President. baggers and other bad men, their property squandered, their little EXECUTIVE SESSION. ones suffering, their esta.tes gone, without law, without order, and Mr. SARGENT. The Senator from Delaware gives way in order without judgment in the land, I am sure my honorable friend from that we may have a short executive session. I ask the Senate to pro­ Iudiana would himself be among the first to complain too, and he ceed to the consideration of executive busines . would resist. I know his spiiit too well. He would not tamely Mr. BAYARD. I withdraw the motion to adjourn that the Senator submit to the.usurpatiOJlS, wrongs, and crimes that prevail now in the from California may make that motion. State of Louisiana. No; his heart would beat as the heart of a free. Mr. SARGENT. I move that the Senate proceed to the c~msidem­ man, his nerves would be strong a~ainst oppressions of that kind, tion of execntiYe business. and he would use all the means in h1s power to get rid of such a con­ The motion was agreed to ; and the Senate proceeded t.o the con­ dition of things. My honorable friend from Louisiana has agreed, it sideration of executive business. After eighteen minutes spent in is admitted on all hands, that there is poverty and wretchedness executive session the doors were reopened, and (at four o'clock and among all classes in the State of Louisiana; that the people are poor; twenty-two minut-es p.m.) the Senate adjourneu. that their estates are gone and business is gone; that now the city of New Orleans is almost a waste; no business, no energy, no enterprise. What shall be done to lift up this poor people f They are proud, patriotic, and good men. They fought yon on a principle, but since they have laid down their arms they have been obedient to all law, HOUSE OF .REPRESENTATIVES. State and FederaL They may have troubles among themselves, and quarrels, and disturbances forced upon them-with that we have THURSDAY, January 7, 1875. nothing whatever to do-but in theirrola.tions to the Federal Govern­ ment they have been true and faithful to every obligation they took Tpe House met at twelve o'clock m. Prayer by the. Chaplain, Rev. when they laid down their arms. They fought you gallantly in J.G. BUTLER, D. D. the field, and they now desire to be friends in"peace; and will yon The J ow_:nal of yesterday was read and approved. not give them peace f Lift up their prostrate hands. Allow them h.'LAM.ATH L~IAN RESF..RVATIOX. to control their ow.n domestic affairs. Let them rid themselves of the Mr. NESMITH, by unanimous consent, introduced a bill (H. R. men who now thrust themselves upon them, and with our aid, and No. 4193) to adjust the claim of the owners of lands within the limits once more there will be pea~e throughout the land, not only in the of the Klamath Indian reservation, in the State of Oregon; which State of Louisiana, but peace within our whole borders; and leaving was read a first and second time, referred to the Committee on Indian localities and States to attend to their domestic and internal concerns Affairs, and ordered to be printed. and thus having our noble democratic institutions in full working • TROUBLES L~ LOUISIANA. order we can meet here as brethren of one nation, to attend to the com­ mon mterests1 of a common and a glorious country; and why should Mr. WHITE. I ask unanimous consent to introduce the following we not do it without oppressing a portion f The oppressiDnof one is the resolution : oppression of all, and the disorders to-day in Louisiana, Mississippi, The Clerk read a~ follows: and South Carolina are felt throughout the entire land. Our whole Ruol'!Jed, It is t-he sense of this House that the Pre.!>ident is entitled t() the grate. fnl confidence aml cordial support of the country for the prompt and efficient meas­ people suffer when they suffer; and why should not we as a homo­ ures for the prevention of violence aml wrong and the maintenance of law and geneous people, as a people consecrating our lives, our fortunes, and order in the State of Louisiana, and we pledge him our hearty oo-operntion in sus­ our sa~red honor to the maintenance of free institutions and of taining his efforts in that behalf. our Constitution and form of government, be just to all classes of 1\Ir. BROMBERG. I object. our people and to all portions of our country, and leave them free in .Mr. BECK. Let us have the yeas and nays on it. their various localities to pursue the paths of life as to them it shall .Mr. BROMBERG. I withdraw my objection. be deemed best and most judicious T I feel that with such a policy Mr. CALDWELL. I object. the heritage of our fathers will be transmitted t.o our chil~ren, Mr. BROl\ffiERG. I feel it to be my duty 3J.so to insist on my a blessing to generation upon generation of a free, powerful, and objection to the resolution. happy people. Mr. BAYARD. Mr. President, I desire to submit some remarks to LAWREXCE WILLIAMS. the Senate on the pending resolution, but nnde1·standing th-at there 'Mr. SMART, by unanimous consent, introduced a bill (H. R. No • 314 CONGRESSIONAL RECOR,D. JANUARY 7,

4194) to restore Lawrence Williams to the rolls of the Army; which :Mr. DAWES. For the purpose of saying a few words I will move was read a first and second time, referred to t,he Committee on Mili­ that the petition be printed. I shall withdraw that motion when I tary Affairs, and ordered to be printed. have finished my remarks. CAPTA.rn WILLIAM MAYNADIER U},J:TED STATES ARMY. I desire to say, as representing the Committee on Ways and Means, 1 that they have no desire to renew the discussion of yesterday before Mr. VANCE, by unanimous consent, introduced a bill (H. R. No. the House. The witness has appealed from that committee to the 4195) to authorize the President to appoint Captain William Mayna­ House, and after having taken the judgment of the House yesterday dier to his former rank in the Army; which was read a first and sec­ has come in here this morning and criticises the action of the House. ond time, referred to the Committee on Military Affairs, and ordered The committee do not believe that they have any further responsi­ to "Qe printed. 1 bility in the matter. If the Honse desires to sit patiently and have DAVID M CLELLAND A~"T]) OTHERS. its judgment criticised in the manner in which it is criticised in that Mr. DUELL, by unanimous consent, introduced a bill (H. R. No. paper, and desires to reverse it under those circumstances, the Com­ 4196) for the relief of David McClelland and others; which was read mittee on 'Vays and Means have no occasion to complain. They have a first and second time, referred to the Committee on War Claims, and brought all their action from time to time before the House, and have ordered to be printed. in every step of it received the support of the House. They yester­ 1\"EW RAVE~ HARllOR. day submit.ted this whole matter to the House, and by a very decided Mr. KELLOGG, by unanimous consent, submitted the following vote the House took the action which this witness sees fit this morn­ resolution. ing to criticise in the terms t,hat he has used. If the House deem it The Clerk read as follows: proper to now reverse that action, I do not feel called upon, as repre­ Resolved, That the Secretary of War be requested t{) make report to this Honse senting the Committee on Ways and Means, to say one word further. of surveys already made in re~ard t{) the expediency of widelling and deepening the The committee will take it as instructions on the part of the House main channel of New Haven l:1.llorbor, Connecticut., to a depth not exceedfug twenty to the committee to abandon :my further investigation. I withdraw feet; and also the expediency and estimate of the expe~e of a breakwater between the eastern shore of the entrance of said harbor and the Southwest Ledge, so called, the motion to print. or such part of said distance as may be found most convenien~ or necessary for the Mr. MAYNARD. Before the gentleman withdraws his motion will ~rotection of said harbor. he yield a moment to me f Mr. HOLMAN. I must object unless the resolution is referred to Mr. DA ~S. I yield to the gentleman. the Committee on Commerce. Mr. MAYNARD. Gentlemen will recollect .that yesterday I sought 1\Ir. KELLOGG. I agree to its reference, altltough it only refers to to amend the resolution which was introduced by chan~g the place surveys already made. of confinement from the jail of the District of Columb1a to the usual The resolution was referred to the Committee on Commerce. receptable for such persons in the crypt in this wing of the Capitol. I was clearly of opinion that every necessary purpose would be ac­ CURRENCY. complished by making that change. I made the best presentation of Mr. BECK, by unanimous consent, introduced a bill (H. R. No. the matter that I was capable of doing, and submitted to the House 4197) to provide a uniform currency, for the retiring of national-bank a precedent that occurred in the la.st Congress. The reasons that I notes, for the resumption of specie payment, and for other purposes; urged were not deemed by the Honse to be sufficient. On what we must which was read a first and second time, referred to th"'- Committee on assume to be full consideration, certainly after considerable discussion, Banking and Currency, and ordered to be printed. the House ·decided upon the action which was finally adopted. That RECUSANT WITNESS-RICHARD B. IRW'rn. presents the question, Mr. Speaker, in an entirely different aspect; The SPEAKER. The Chair has received from the hands of an at­ . whether, having deliberately come to the judgment, we shall adhere torney the petition of Richard B. Irwin, now in confinement by order to it, or shall present the appearance of fluctuation, inconstancy, want of the House. He has glanced over it, and seeing nothing disrespect­ of knowledge of the effects of our own action, and generally whether ful in it, lays it before the House for consideration. we are sincere and earnest, and really mean the action we take. . In The Clerk read as follows : that view of the case, Mr. Speaker, I should be wholly unwilling to W .ASHINGTOY, D. C. , January 1, 1875. seek any modification of the action of yesterday. To the HOU8e of Representative8 of the United States: Mr. TREMAIN. This witness holds the key to the door of the jail in his own pocket, and I move to laythe communication on the table. The undersi~ed, your petitioner, be:rs leave respectfully to represent that his confinement in the common jail of the District of Columbia, as ordered by the res· Mr. ELDREDGE. l'tlr. Speaker, it seems to me that this question . oln~on of t~e Honse yesterday, will operate with peculiar severity and'hardship is not precisely a.s the chairman of the Committee on Ways and Means on h1s physical health, already so greatly enfeebled as to render punishment of that has endeavored to represent it to the House. I do not look upon the kind closely akin to torture. He understands from the debate that accompanied the resolution, that the im­ petition of the prisoner as a criticism upon the action of the House. prisonment is not intended by the Honse of Repre enbttives t{) be punitive, but It is the mere exercise of the American right of petition. merely as a safeguard for reappearance when wanted before the Committee of It may have been known to the House that this man was in feeble Ways and Means or by the United States district attorney, to whom his case is health. I am not aware, however, that that fact was communicated to be dnly certified according to law. Whether intended or not as a punishment, it will be readily seen that confine­ to it in connection with the consideration of this subject so that we ment of this character necessarily operates as a. punishment in atlvance of the were officially informed of it. And this is the burden of his petition, judicial trial which is to determine whether your petitioner has committ-ed any representing the condition of his health, and showing, I think, in offense against the law. · proper words that imprisonment may endanger not his health alone Your enlight~ned body would never conceive of applying the rack, the thumb­ screw, the boot, or red-hot pincers as a means of extorting an answer t{) questions, but his life. Is that right to be denied to a man situated as he is, and yet it will readily occur to you that a witness in the physically prostrated con­ and must it be looked upon as an imputation on the judgment of the dition of the understgned, must find in a damp, cold, ill~ ventilated prison, and in House that he comes here and in respectful terms presents his case to the unnecessary indignity connected therewith, a torture differinf: only in degree from the cruel modes referred to. the House and asks its consideration T And shall we from some un­ It has been said that this puniShment cannot be cruel, because the witness can necessary sensitiveness, as I think, undertake to make it appear that terminate it at will. That is equally true of the thumb screw and the rack. that is a criticiam of the judgment of the House T Is there anything The nndersigned·beg_s.leave further to represent as informed, by counsel and as in the language of that petition that is not entirely respectful and be fully believes himseu, that the course adppted in this case is unusual and excep· tional. proper f I was unable to observe a word in it that was not in No witness in contempt of either branch of Congress since the passage of the act proper terms, that was not respectful to the House, that was not a. of 1857 has been thus treated. proper presentation of his case, asking the House to consider it. And The cases are quite numerous where the a.llege

the House. In speaking for the Committee on Ways and Means, I the House of Representatives," I am in such a condition of health"­ desire simply to have the judgment of the House; and if the gentle­ and that is a fact that can be ascertained-" that imprisonment is man from New York [Mr. TREMAIN] renews his motion, I will be torture." Yet the proposition is here made to torture him. To that obliged to the House if they will have a yea and nay vote on it, so I for one cannot agree; to that I for one will not consent. that we may understand if the House desires to discharge this wit­ I know that at times where there is grea.t occasion all bad prece­ ness. If so, we have not the slightest desire to interfere. I yield for dents have been set: I look upon this as a, bad precedent, that without a moment to my colleague on the committee from New York, [Mr. examination, without calling a physician, without ascertaining ELLIS H. ROBERTS.) whether we shall have murder added to our other good qualities in Mr. ELLIS H. ROBERTS. Mr. Speaker, if the witness had sub­ this House, if the man dies in jail-without any examination, we are mitted in his petition any reason why the House should retrace its told that we cannot even for a moment re-examine this qnestiop. of steps of yesterday, I for one would be glad to consider the reasons personal liberty. The whole world was convulsed by the order of which he submits. He pleads that his health is poor, and for that BismarcksubjectingVanArnimtoimprisonment. Weweretold, "Look reason confinement in the common jail would be in the nature of tor­ at the operation of German institutions with her emperor." Yet here ture ; but that common jail, Mr. Speaker, is the place where persons in America, in the United States, in this Capitol, under the statue of are confined who are not charged so seriously as this witness is charged Liberty, we propose to put a sick man to torture in order to force tes­ before this House. There is no close confinement required by the res­ timony from him. The Inquisition, the Neroes of the Old World, never olution of the House. He is simply to be placed in the common jail, have dope anything wor~e. A republican majority in th~ House of and already the papers are eloquent on the provisions that are to be Representatives are settmg an example to those who will occupy made for his comfort at that place. I am not here to ask that he shall these seats hereafter in the majority, in which I trust in God there be denied the comforts which his health may require in the common will be too much of the democratic love of liberty which I inherit for jail, but !for one feel that there is in his petition no reason why the them to follow. I hope they never will follow it, although we give House should retrace its steps, and I for one desire that the House them great provocation. shall take the responsibility of saying whether or not a witness testi­ Let me suggest this: This man is now in the custody of the Ser­ fying what he has done shall be permitted to stop just there and then geant-at-Arms. Instead of laying this respectful petition on the to dictate to the House what course the House shall take with refer­ table-and we all remember when nuder the lead of John Quincy ence to him. Adams this House spent three mortal weeks in discussion as to Mr. DAWES. I yield for a moment to my colleague from Massa- whether the petition of a slave should bA laid upon the table with­ chusetts [Mr. BUTLER.) · out debate, and it was decided in the neg:~.tive-1 say that instead of Mr. BUTLER, of Massachusetts. I waa unfortunately absent last so treating the petition of this man we should refer it to a commit­ night, or fortunately perhaps for myself, when this debate took place tee,. and that committee should ascertain throu~h a proper physician ancl when the action of the House was had. I have read that debate whether his health will be harmed by this confinement. And if his in the RECORD of this morning, and I now find that a new reason has health will be harmed I cannot doubt that there is no committee of been put forward by the witness which I think appeals to the justice this House that will refuse to then say that he shall not be impris­ and humanity of the House. He says that he is conscientiously in oned where his life may be sacrificed. But if that committee shall the belief that this House has not jurisdiction over him under the laws find that this is a delusion and a cheat on the part of this man, and of his country and that the House has appealed to those laws to try that he is trying to play the sick man, then send him to the common him for his offense, and he says that he, following what he :believes jail or elsewhere. And although I doubt the power, yet for one I to be his right, thinks that we ought not to treat him .my worse than will not interpose. a murderer would be treated before a court of justice. If a man ac­ Therefore, if I am permitted by the gentleman from New York, cusecl by a grand jury of his country or by a coroner's jury of mur­ [Mr. TREli.AIN,] who has indicated his purpose to move to lay this der com~s . before any court in the United States and shows that his petition on the table, I will move to refer it to the Committee on health will be prejudiced and injured by close confinement, there is Ways and Means, with instructions to ascertain if the health of this not a State in this Union where the ·highest court will not allow him man will be injured by this confinement, whether it will be substan­ to be bailed. tially and materially injured, and to report to this House what ac­ Mr. DAWES. The gentleman is mistaken, I think. It cannot be tion should be taken thereon. done in the State of Massachusetts. One single other word. I was sorry to hear my friend and col­ Mr. BUTLER, of Massachusetts. Pardon me; my colleague says league, the chairman of the Committee on Ways and Means, [Mr. that it cannot be done in the State of Ma.ssachusetts. Let me tell DAWES,] say, in the nature of a threat, what was much worse than him that the supreme court of Massachusetts, in the case of William anything I have seen from this witness in the natme of a. criticism ; Gray in the year 1832, he being a man of full habit and being accus­ that unless we put this sick man in jail, the Committee on Ways and tomed to out-door exercise, and making affidavit, supported by his Means would take it as instructions to them to stop this investigation. physician, that he would be injured in health by close confinement, Why can we not legislate without being threatened f I cannot con­ admitted him to bail. He was on trial for abortion, which, at that ceive what the chairman meant by that. time was a capital offense. And the same thing has been done to 1\!r. DA \VES. Will my colleague allow me to state­ my (!ertain knowledge iiJ. two other cases. It was done in the case Mr. BUTLER, of Massachusetts. Certainly. of Simons, where the party had been twice tried and the jury had 1\!r. DAWES. I will tell my colleague, who was unfortunately failed to agree. He wa discha~ed on his own recognizance. That absent yesterday, what I meant. I argued to the House on yester­ I say is the rule, and the nile in every State in the Union and in th~ day that it would tie our bands, · so that we could not get on with courts of the United States. the investigation; that is what I meant. This man comeshereandsays, "Owing to an unfortunate fall, being 1\Ir. BUTLER, of Massachusetts. Pardon me; let ns examine that thrown from my carriage in California, I have been in a condition for a moment. That is, if Irwin is in jail they can investigate; if he so that my health is easily impaired either by excitement or other iB anywhere else they cannot investigate. Now, the logic of that is a }lhysical causes." That fact he made known to -the Hom;e before. little mysterious. It is a sort of magnetic connection they desire to There is no accusation against him, and to this I challenge reply, and establish with him. If they cannot have a man in jail, they cannot let us here it if there iB any, that he ever intended to avoid process or investigate ! · has avoided process. No process was ever issued nutil the lOth of I find in reading the debate of yesterday that the chairman of the December, so far as I can learn, against him, and upon that he was committee said that a number of witnesses had refused to answer. immediately fotmd sick at his home, and he came at such time as he Of course, as I am not admitted to the committee-room, I do not could to attend the sessions of the Committee on Ways and Means. know how that may be ; but if there has been such refusal of a large That committee reported to the Hom;e of Representatives that they number of witnesses I would like to know it. I have heard outside were satisfied he acted in good faith. He came here, and there is no of one Mr. Abert, who, in refusing to answer, iB a.eting under the man yet who has undertaken to show, so far as I know, that so far as adfi.ce of Reverdy Johnson. How that may be I cannot say. But • he has answered he has not answered the precise truth ; on the con­ is this sick man to be sent to jail as a matter of threat to the next trary, I think that it will be agreed that he has answered the precise witness who may believe he has rights here f Have we come to truth. Now then he says, "I do not believe I am called upon to that f I would rather have all the men in Louisiana nuder the hand of answer further; that is a right I want to contest." a military officer to admini ter the law-an officer who can be held What is the answer of the House of Representatives 1 "Sir, if yon personally responsible-than haYe men subjected to the mere will of attempt to contest that rl~ht in court, you shall do it at the peril of a body like the House of Representatives, where you cannot hold your health by being confined in the common jail." That is the an­ anybody responsible, where there is an utter want of responsibility. swer. "Yon shall be put where your health will be in peril." Now, Any one man who commits a wrong in a matter of ~his kind can be is that an answer fitting the House of Representatives of the United held responsible in the courts. If De Trobriand, for instance, in States f Pause and reflect. Louisiana has committed any wrong under the law in doing what he · Mr. Irwin to me is nothing more than the x, y, and z of an algebraic did, then whoever he laid his hand upon has, thank God, a remedy equation, to be wrought out fully and properly in the problem. I through the courts of justice of the United States. But when we have neither fear of his disclosures, nor loye for him. He was an offi­ lay hands upon this man and thrust him into jail, doing this to save cer in the Army, not serving under me. He is now doing what he our reputation, we are not responsible; what we do cannot be ques­ claims he has a right to do. The courts .will punish him under the tioned in any other place. law of the land for what he has done, if he ha.s done anything wrong. I pray the House of Representatives therefore to pause and consider, Under these circumstances he comes and in respectful language, as that in wielding this great power, exercised without any responsibility you yourself say, Jl.lr, Speaker, and a-s it is admitted here, and says to elsewhere, we should be extremely carefullest we interfere with the • I •f'.

316 CONGRESSIONAL RECORD. J.ANU.ARY 7, rights of the citizen where there is no redre s. It is easy for us to Mr. KELLEY. I wish to call the attention of the Honse to the di - say, "Turn the key on this man;" but there is not one of you who tinction between the case now under consideration and those brought

criminate himself, for he states that the money went to no member of cers, and for other purposes; which was read a first andsooond time, Congress. Yet he proposes to deny to this House the power of tracing recommitted to the committee, and ordered to be printed, not tQ be ont the men to whom he did pay the money, and, if necessary, of vin­ brought back by a motion to reconsider. dicating the ch::tracter ::tnd integrity of the members of this House. SEATTLE ~'D WALLA-WALLA. RAILROAD COl!PA}i'Y, 'Ve have tho power to expel any member of this House for any act of Mr. McFADDEN, by unanimous consent, introduced a. bill (H. R. bribery or corruption; and yet, if this doctrine is to prevail, there is No. 4199) granting the right of way to the Seattle and Walla-Walla no power by which you can ascertain who has rooei ved the money Railroad and Transportation Company; which wa8 read a first and and what use has been made of that money thus unlawfully and im­ second time, referred to the Committee on the Public Lands, and properly employed. ordered to be printed. . But what does this man sayf Does he bring us any certificates of physicians showing that his health will be impaired or his life en­ PUYALLUP VALLEY COAL COl!PA..~Y. dangered by this imprisonment f Not at all. His l ... nguage conveys Mr. McFADDEN also, by unanimous consent, introduced a bill (H. no new fact to this House. It was stated yesterday by ~he chairman R. No. 4200) granting the right of way for a railroad and telegraph of the Committee on Ways and Means that he understood this man line to the Puyallup Valley Coal Company, andfor other purposes-; to be in delicate health. This House acted therefore with the full which was read a first and second time, referred to the Committee on knowledge of that fact before it. And now what does he say in this the Public Lands, and ordered to be printed. petition. He says : J.'. M. FLETCHER. The undersigned, your petitioner, begs leave respectfully to represent that his Mr. HUNTON, by unanimous consent, introduced a bill (H. R. No. confinement in the r,ounty jail in the District of Columbia, as ordned by the reso­ 4201) for the relief of F. M. Fletcher, late gauger of the seyenth dis­ lution of the Home yesterday, will operat~ with peculiar severity :tml hardship on his physical he.'llth, already so enfeebled as to render Jlunishment of that kind trict of Virginia; which was read a first and second time, referred to clo ely akin to torture. the Committee on Claims, and ordered to be printed. Any man could say that. There is nothing in it that is new. It is RESIDfPTIO~ OF SPECIE PAYME~TS. "too thin;" "it will not wash," to nse common language more ex­ Mr. MAYNARD. I now call up the special order. pre. sive perhaps than polite. No physiljian testifies here over his 'fhe House proceeded, as the special order, to the consideration of official signature or otherwise that this man's life is to be jeopardized the bill (S. No. 1044) to provide for the resumption of specie pay­ bv his being kept in that jail. But a morbid sympathy is to be cre­ ments; which was read a first and second time. ated for a man who comes here with three-quarters of a million of The bill is as follows: tlollars, and that at a time when public suspicion is aroused by rumors Be it enacted by th.e &nate and House of R

I am urged by a large number of gentlemen to submit the proposi­ The SPEAKER. AB there seems to be a division of sentiment, the tion directly to the House, for its consideration and determination, Chair will appoint tellers. wheth~r it will accept this Senate bill as it stands. Several gentle­ Tellers were ordered; and Mr. R~'l>ALL and :Mr. 111A.YNARD were men have expressed a desire to offer amendments of different kinds ; appointed. others, a desire to address the House upon the subject. I have agreed, The House divided; and the tellers reported that there were-a-yes and in·compliance with that agreement I ask, that should the House 100, noes 91. sustain the previous question and order the main question, every So the previous question was seconded. gentleman who has an amendment to suggest or remarks to submit Mr. RANDALL. I call for the yeas and nays on ordering the main may be allowed to present th~m and have them printed in the REc­ question. ORD of to-day's proceedings. Upon that statement I now call the The yeas and nays W{lre ordered. previous question upon the third reading and passage of the bill. The SPEAKER. The question is upon ordering the main question, Mr. DA\VES. I desire to make an inquiry of my friend. I under­ which is, Shall the bill be read a third timeT stand him to suggest to the House that if the House will sustain the Mr. MAYNARD. As this is necessarily a test question on the bill, previous question, he will permit any amendments to be printed in I hope gentlemen will vote with that understanding. the RECORD that anybody. desires to offer. Is that the proposition f The SPEAKER. Before the Clerk proceeds to call the roll, the Mr. MAYNARD. That is the proposition. Chair gives notice that if some gentlemen find themselves wrongly Mr. DAWES. \Veil, I hope the House will understand it. I under­ recorded to-morrow morning it will not be the fault of the Clerk, but stand my friend, the chairman of the Committee on Banking and of the noise and confusion on the floor. Currency, [Mr. MAYNARD,] to say that if the House will sustain the Mr. MAYNARD. Before the call of the yeas and nays begins, I call for the previous question, so that no amendments can be made to wish to say a single word in regard to the proposition I made as to the bill, any gentleman may have the privilege of having his proposed submitting amendments and remarks to be printed in the RECORD. ~tmendment printed in the RECORD. · I wish to say that- Mr. RANDALL. That is a very empty privilege. l\Ir. DAWES. I call the gentleman to order. Mr. DAWES. I hope no gentleman will be misled by that remark. Mr. RANDALL and others objected to debate I hope members will understanq the opportunity which will be afforded The SPEAKER. Objection being made, debate is not in order. them to go down to posterity without having accomplished anything. Nothing is in order but the call of the roll. Mr. MAYNARD. The gentleman need not indulge in any remarks The question was taken ; and there were-yeas 125, nays 106, not of that character. voting 57; as follows : . :Mr. BUTLER, of Massachusetts. I desire to say-­ YEAS-Messrs. Albert, Averill, :Barber, :Barrere, :Barry, :Bass, :Begole, :Bierv, Mr. MADfARD. I do not yield to anybody now. :Bradley, :Burchard, :Burleigh, :Burrows, Roderick R. :Butler, Cain, Carpenter, Cason, Mr. BUTLER, of Massachusetts. I do not ask the gentleman to Cessna, Clayton, Clements, Stephen A. Cobb, Corwin, Cotton, Crooke, Crounse, Cur· yield. tis, Danford, Donnan, Duell, Farwell, Fort, Freeman, Frye, Garfield, Gunckel, Mr. M.A YNARD. What I say is this: If the Honse will sustain the Eugene Hale, Harmer, Harrison, Hathorn, John B. Hawley, Hays, Gerry W. Hazel­ ton, John W. Hazelton, Hodges, Hooper, Houghton, Howe, Hunt~r, Hynes, K2sson, demand for the previous question, I hope gentlemen will be allowed Killinger, Lamport., Lansil\g, Loughridge, Lowe, Lynch, Martin, Maynard, Mc.Crory, to put their peculiar views upon record in that form and in that way. Alexander S. McDill, James ,V. McDill, MacDougall, Mc~uU.a, Monroe, Ne:rley, Mr. BUTLER, of Massachusetts. Allow me to make a suggestion O'Neill, Orr, Orth, Packard, Packer, Paae, Parsons, Pelham, Pendleton, Pike, Thomas C. Platt, Poland, Pratt, Purman Ray, Richmond, Ellis H. Roberts, James as to the order of business. I ask the gentleman to set a time when W. Robinson, Rusk, Sawyer, Henry B. Sayler, Scofield, Isaac W. Scudder, Sener, the previous question may be considered as ordered and t.he vote shall Sessions, Shanks, Sheatf-1, Lazar-us D. Shoemaker, Small, Smart, A. Herr Smith, H. be taken, say at four o'clock to-day, so that we can finish the bill to­ BoardmauSmith,J.AmblerSmith,JobnQ. Smith, Snyder,Spragtte,St.an.ard,St.John, day; otherwise we may get to filibustering, I am afraid. Strawbridge, Sypher, Taylor, Charles R. Thomas, Christopher Y. Thomas, Thomp· son, Thornburgh, Todd, Tremain, Tyner, Waldron, Wallace, Jas~er D. Ward, Mar­ Mr. KELLEY. Say at four o'clock to-morrow. cus L. Ward, Wheeler, White, Whiteley, Wilber, George Willard, John M.S. Will­ Mr. BUTLER, of Massachusetts. Very well; four o'clock to-day or iams, William Williams, William B. Williams, and James Wilson-125. to-morrow. NAYS-Messrs. Archer, Arthur, Ashe, Atkins, Banning-, Beck, :Bell, :Berry, Mr. KELLOGG. Does the gentleman from Tennessee [Mr. MAY­ :Blount, Bowen, :Bright, :Bromberg, :Brown, Buffinton, Caldwell, Chittenden, John B. Clark, jr., Freeman Clarke, Clymer, Comingo, Cook, Cox, Crittenden, Crosslaml, NARD] propose that no one shall have an opportunity to vote upon Crntchfield, Dawes, DeWitt ,Eames, Eldredge, Field, Fink, Giddings, Glover, Gooch, any amendment f . Gunter, Haaans, Hamilton, Hancock, Ben,jamin W. Harris, Henry R. Harris, John Mr. BUTLER, of Massachusetts. If we choose, thirty of us can T. Harris, Hatcher, Havens, ,Joseph R. Hawley, Hendee, Hereford, Herndon, E. Rockwood Hoar, George F. Hoar, Holman, Hoskins, Hunton, Kelley, Kellog:r, keep the House here until to-morrow morning. Knapp, Lamar, Lamison, Lawrence, Lawson, Leac.h. Lowndes, Magee, Maraball, Mr. RANDALL. I would like to say to the gentleman from Ten­ McLean, Merriam, Milliken, Mills, Morrison, Myers, Neal, Nesmith, Niblack, Niles, nessee [Mr. MAYNARD] that his proposition is not in accordance with Hosea W. Parker, Isaac C. Parker, Perry, Pierce, Randall, Read, Robbins, Milton the understanding of the Committee on Banking and Currency.· That Sayler, Schell, Henry J. Scudder, Sherwood, Sloss, William A. Smith, Southa.rd, Starkweather, Stephens, Stone, Storm, Swann~ Town end, Vance, Wells, Whiteheail, committee by a large majority-! think there was but one dissentient­ Whltehonse, 'Vhitthorne, Charles W. Willara, Willie, Ephraim K. Wilson, Wolfe, decided that an opportunity should be given to vote upon two amend­ Wood, Woodworth, John D. Young, and Pie1·ce M. B. Young-1013. ments; that is, to vote upon the proposition to strike out the first NOT VOTING-Messrs. Adams, Albright, :Barnum, :Bland, Buckner, :Bundy, and second sections of this bill, and also to insert the word "can­ :Benjamin F. :Butler, Cannon, Amos Clark, jr., Clinton L. Cobb, Coburn, Conger, Creamer, Darr.:ill, Davis, Dobbins, Dunnell, Durham, Eden, Foster, Robert S. Hale, celed" in the proper place, in reference to the withdrawal of green­ Hersey, Hubbell, Hurlbnt, Hyde, Kendall, Lewis, Lofland, Luttrell, McKee, .backs from circulation. Now, I ask the chairman of the committee, Mitchell, Moore, Morey, Nunn. O'Brien, Phe1ps, Phillips, James H. Platt, jr., Pot­ its proper exponent, to adhere to that understan.ding in this case. ter Rainey, Ransier, Rapier, William R. Roberts, James C. P..obinson, Ross, John Mr. KELLOGG. I suggest to my friend from Pennsylvania [l\Ir. G. Schumaker, Sheldon, Sloan, George L. Smith, Speer. Standiford, Stowell, Strait, R.Al\'l>ALL] that the words to be inserted were "canceled and de­ Waddell, Walls, Charles G. Williams, and Jeremiah M. Wilson-57. stroyed." So the main question was ordered. Mr. :MAYNARD. I have as great respect for the Committee on During the roll-call the following announcements were made: Banking and Currency a~ any gentleman can have; perhaps I ought Mr. HAGANS. My colleague, Mr. DAVIS, is absent on account of • to have a little more. This bill has not been before that committee. illness. Any opinions they may entertain upon it are but the opinions of so Mr. DURHAM. My colleague on the Committee on Banking and many respectable gentlemen, with whom my personal relations .are Currency, Mr. HUBBELL, was unexpectedly called home, and I exceedingly kind, and for whom I would do more than for any others. agreed to pair with him. If he were here he would vote " ay," ancl But the question now is whether the House will accept the propo- I should vote "no." sition a.s it now stands. · Mr. SCOFIELD. · My colleague, Mr. Ross, who has been detained Mr. RANDALL. Whether we are more than individual citizens or by a railroad accident, is paired with the gentleman from Massachu­ not, simply members of this House or not, I submit that the chair­ setts, Mr. BUTLER. My colleague is in favor of this bill, and if here man of that committee himself submitted that question to the com­ would vote" ay," while the gentleman from Massachusetts would vot-e mittee. "no." Mr. :MAYNARD. The gentleman is perfectly aware that this bill Mr. HAZELTON, of New Jersey. My colleague, Mr. CLARK, is has not been before our committee. unavoidably detained by indisposition. If here, he would vote "ay." Mr. RANDALL. And you are perfectly aware that you put the lli. THOMAS, of North Carolina. My colleague, Mr. CoBB, re­ motion to the Committee on Banking and Currency whether those quested me to state that he is detained from the House in consequence two amendments should be allowed to be voted on or not. Do I mis­ of sickness. take the fact' Mr. RANDALL. My colleague, Mr. SPEER, is absent at Vicks­ Mr. MAYNARD. I do not state any fact. burgh under the order of the House. Mr. RANDALL. 0, that is a miserable escape. Mr. ARCHER. My colleague, Mr. O'BRIEN, is absent by order of Mr. G. F. ROAR, I rise to a question of order. the House upon committee duty. If here, he would vote "no." The SPEAKER. The gentleman will state his point of order. Mr. HAZELTON, of Wisconsin. My colleague, Mr. WILLIA..'IS, is Mr. G. F. HOAR. It is that the gentleman from Pennsylvania [1\Ir. absent under the order of the Honse. RANDALL] is out of order in addressing his remarks to another mem­ Mr. COX. My friend from California, Mr. LUITRELL, is absent in ber of the House instead of to the Chair, and also in stating what Alabama on business of the House. transpired in the committee. · Mr. SAYLER, of Indiana. My colleague, 1\Ir. CoBURN, is absent The SPEAKER. The gentleman is out of order in both respects. under the order of the House. :Mr. :MAYNARD. I now call for a vote in seconding the previous Mr. FORT. My colleague, Mr. CA~i"NOX 1 of lllinois1 is ab ent serv- question. ing -on a committee. . 1875. CONGRESSIONAL. RECORD. 319

Mr. BURROWS. My colleague, Mr. CoYGER, is absent in the per­ just passed, and also to have printed in the RECORD remarks which formance of duty upon a select committee. they have prepared on the subject. Mr. BIERY. My colleague, Mr. ALBRIGHT, is absent serving upon Mr. HAZELTON, of Wisconsin. I object. a special committee. Mr. RANDALL. I do not object to gentlemen having their remarks The result of the vote was announced as above stateu. printed in the REcORD, but I do object to the printing of amendments. Mr. MAYNARD moved to reconsider the vote just taken; and also Mr. STORM. I object. moved that the motion to reconsider be laid on the table. Mr. NEGLEY. Then I ask unanimous consent that I myself may The latter motion was agreed to. have the right to submit some remarks on this question to be printed :MESSAGE FR0:\1 THE SEXATE. in the RECORD. .1\ir. ROBBINS. I object. .A. message .from the Senate, by Mr. GoRHAM, its Secretary, announced Mr. RANDALL. I hope, Mr. Speaker, that the unanimous consent that the Senate had passed a bill of the following title; in which the of the House will be given to gentlemen to have any remarks they concurrence of the House was requested: may desire to make on the bill printed in the RECORD. That is a .An act (S. No. 10t:8) to remove the limitation restricting the circu­ request which has never yet been denied so far as my recollection ex­ lation of banking aBSocia.tions issuing notes payable in gold. tends. RESUMPTIO.N OF SPECIE P A YME...~TS. M1;. NIBLACK. I do not object to gentlemen submitting remarks The House resumed the consideration of the bill (S. No. 1044) to for publication in the COYGRESSIONAL REcoRD, but I do object to provide for the resumption of specie payments. the farce of printing amendments when no opportunity was given to The SPEAKER. The main question having been ordered, the offer them to a vote of the House. · question is now on ordering the bill to be read a third time. Mr. NEGLEY. I do not ask to submit any amendment, but merely The bill was ordered to a third reading. to submit some remarks to be printed in the COYGRESSIONAL RECORD. The question bein~, on the passage of the bill, Mr. :MAYNARD. That is one form in which gentlemen have pre­ Mr. MERRIAM caued for the yeas and nays. sented their request to me, and I hope there will be no objection to The yeas and nays were ordered. the printing of amendments a-s well ae remarks in .the REcoRD. The question was taken; and it was decided in the affirmative­ Mr. RANDALL. The gentleman from Tennessee cannot escape the yeas 136, nays 98, not voting 54 ; as follows: responsibility of his position by allowing amendments to be printed YEAS-Messrs. Albert, Averill, Barber, Barrera, Barry, Bass, Begole, Biery, in the RECORD when he refused to allow them to be V'oted on. Bradley, Burchard, Burleigh, Burrows, Roderick R. Butler, Cain, Carpenter, Cason, Mr. MAYNARD. Mr. Speaker, I do not mean to escape the respon­ Cessna, Chittenden, Clayton, Clements, Stephen A. Cobb, Corwin, Cotton, Crooke, sibility of any position which I may take on this floor. I concede my Crounse, Curtis, Danforu, Dobbins, Donnan, Duell, Eames, Farwell, Freeman, Frye, Garfield, Gunckel, Eugene Hale, Harmer, Harri.Bon, Ha.thorn, John B. Hawley, responsibility here or elsewhere, and the gentleman from Pennsyl­ Hays, Gilrry W. Hazelton, John W. Hazelron, Hendee, Hodges, Hooper, Hoskins, vania or any other gentleman cannot deter me. I am not 6 be fright­ Houghton, Howe, Hunter, Hynes, Kasson, KelloJ!g, Killinger, Lamport, Lansing, -ened by any such appeal here or in any other place. Lawrence, Loughridge, Lowe, Lowndes, Lynch, Martin, Maynard, McCrary, Alex­ Mr. RANDALL. One word in reply to the gentleman from Ten­ ander S. McDill, James W. McDill, MacDougall, McKee, McNulta, Merriam, Mon­ roe, Moore, Myers, Negley, O'Neill, Orr, Orlb, Packard, Packer, Page, Parsons, nessee. I do not mean he shall escape the responsibility of having Pelham, Pend!eton, Pike, Thomas C. Platt, Poland, Pratt, Furman, Ray, Rich­ acted in bad faith, in such a way, in my judgment, as not to become mond Ellis H. Roberts, James W. Robinson, Rusk, Sawyer, Henry B. Sayler, Sco­ a representative of the people. fi.eldl):saae W. Scudder, Sener, Sessions, Shanks, Sheats, Lazarus D. Shoemaker, Mr. MAYNARD. I will not bandy words with the gentleman from Smau, Smart, A. Herr Smith, H. Boardman Smith,J.AmblerSmith,John Q. Smith, Sprague, Stanard, Stark-weather, St.John, Straw bridget Taylor, Charles R. 'l'homas, Pennsylvania. I trust my position in thil3 House or out of it does not Chrisropher Y. Thomas, Thomp on, Thornburgh, Toi.la, Tremain~yner, Waldron, depend on that kind of discussion. I acted upon the high responsi­ Wallaee, Jasper D. Ward, Marcus L. WIU'd, Wheeler, White, w niteley, Wilber, bility of a ~epre&mntative in my place in the House, and I am not to George Willard, John M. S. Williams, William Williams, William B. Wi.lli:lms, be deterred from w bat I consider to be a high public duty by any James Wilson, and Jeremiah M. Wilson-136. NAYS-Me&~rs. Adams, Archer, Arthur, Ashe, Atkins, Banning, Beck, Bell~ consideration of responsibility, by talk about bad faith, or any of that Dorry, Blount, Bowen, Bright, Bromberg, Brown, Baffinton, Caldwell, John B. sort of discussion here or elsewhere. The House, with a full knowledf?e Clark, ,ir., Freeman Clarke, Clymer, Commgo, Cook, Cox, Crittenden, Crossland, of the fact, has passed on that question, and I conceive it is not m Crut-chfield, Dawes, DeWi~ Eldredge, Field, ..Finck, Giddings, Glover, Gooch, very good taste t-o renew it. Gunter, Hagans Ha.milton, .1:1ancock, Benjamin W. Harris, HenryR. Harris, John T. Harris, Hat-cher, Havens, Joseph R. Hawley, Hereford, Herndon, E. Rockwood. .Mr. RANDALL. I speak of the gentleman's acts, and a-s a Repre­ Hoar, George F. Hoar, Holman, Hun ron, Kelley, Knapp, Lamar, Lamison, Lawson, sentative here I characterize them as unfair. He himself, in the Com­ Leaell Magee, Marshall, McLean, .Milliken, Mills, Morrison, Neal, Nesmith, Nib­ mittee on Banking and Currency, put the question to that commit­ look, Niles. Hosea W. Parker, Isaac C. Parker, Perry, Pierce Randall, Read, tee-- Robbins, Milton Sayler, Schell, Henry J. Scudder, Sherwood, Sioss, William A. Smith, Southard, Stephens, Stone, Storm, Swann, Townsend, Vance, Waddell, Mr. G. F. HOAR. I rise to the point of order that the rule prohibits Wells, Whitehead, Whitehouse, Whitthorne, Charles W. Willard, Willie, Ephraim any reference in debate on this floor to what bas occurred in com­ K. Wilson, Wolfe, Wood, Woodworth, John D. Young,andPierceM. B. Young-98. mittee. The enforcement of that rule is necessary to the protection NOT VOTING-Messrs. Albright, Barnum, Bland, Buckner, Bundy, Benjamin F. Butler, Cannon, Amos Clark, jr., Clinron L. Cobb, Coburn, Conger, Creamer, of every member in the transaction of the business of committees. Darrall, Davis, Dunnell, Durham, Eden Fort, Fo ter, Robert S. Hale, Hersey, The SPEAKER. The gentleman from Massachusetts renews the Hubbell, Hurlbut, HY.de, Kendall, Lewis, iOfiand, Luttrell, .Mitchell, Morey, Nunn, point of order and the Chair sustains it. There is no rule which per­ O'Brien, Phelps, Phillips, James H. Platt, jr., Potter, Rainey, Ransier, Rapier, mita gentlemen to refer to what has taken place in committee. ·william R. Roberts, James C. Robinson, Ross, John G. Schuma'ker, Sheldon, Sloan, George L. Smith, Snyder, Speer, Staniliford, Srowell, Strait, Sypher, Walls, and Mr. RANDALL. The conduct of the gentlemen in that committee Charles G. Wil.li.a.ms-54. is known ao fM· as this bill is concerned. So the bill was passed. Several members called for the re!rlllar order. · During the roll-call Mr. DURHAM stated that he was paired with 1\lr. NEGLEY. I have ~ked the House for the courtesy of unani­ Mr. HUBBELL, who was absent from the city, and that he would vote mous consent to print some remarke on this bill. "no," while Mr. HUBBELL would vote "ay." Mr. KELLEY. I object to printing any funeral orations on the bill. . Mr. HAZELTON, of New Jersey, stat-ed that his colleague, Mr. CLARK, who was unavoidably absent, would, if present, vote in the Mr. NEGLEY. I do not ask my colleaglile to pay the funeral affirmative. expenses ; and be has no ri~ht to insult me on the floor in this way. The vote was then announced as above recorded. MI. KELLEY. Debate nas been suppressed, and I oppose the Mr. MAYNARD moved reconsider the vote by which the bill was printing of any remarks not made on the floor which shall convey to to the country the impressionrthat discussion was permitted on this p:18Sed; and also moved that the motion to reconsider be laid. on the table. important bill. The latter motion was agreed to. Mr. NEGLEY. It is unworthy of the gentleman to make that Mr. MAYNARD. I move the previous question on the adoption of accusation. the title of the bill. Mr. CHITTENDEN. I desire to say that I voted "ay" on the The SPEAKER. There being no objection, the title of the bill will bill under a. positive pledge that I should have an opportunity to stand. . explain to my ctmstituents why I voted '' ay." There was no objection, and it was ordered accordingly. Mr. STORM. I am sorry you were so green. MI-. CHITTENDEN. If I had not had that pledge, I should have E~OLLED BILLS SIG~"ED. voted "no." Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills nu>EACID!E~ o.F JUDGE EDWA.IID H. DURELL. reported that the committee bad examined and found truly enrolled Mr. WILSON, of Indiaua. I rise for the purpose of presenting a bills of the following titles; when the Speaker signed the same: privileged report from the Committee on the Judiciary. I send it to An act (H. R. No. 2032) to amend section 2324 of the Revised Stat- the desk to be read. utes, relating to the development of the mining resources of the United The Clerk read as follows : States; and c · · · ·' ~ act (H R No 3745) to remove tb di bili't' f J H ~be o~ttee on the Judimary, to whom was recouumtted the following reso- .<:U.J, • • • • e sa 1es o ames ow- luti.ons, to Wlt- ard, of Baltimore, Maryland. llesolvea, That Edward H. DnreU, judge of the district court of the United States RESffi\!PTIOY OF SPECIE PAYl\IE~'T. · ~':fie~~ district of Louisiana, be impeached of high crimes and misdemeanors in Mr. MAYNARD. Mr. Speaker, I renew the proposition I made a I 2. Ruolved, That acommittee oftwobeappointed to go to the Senate, and at the while ago, that gentlemen may have an. opportnni ty to have printed bar the!eof, in the na!lle of the House of Repres~ntati.ves and ?f a_ll the people of in the RECORD dm t hi h th d · d to cc • the Uruted States, to 1D1pea-ch Edw&rd H. Durell, JUdge of the district court of the amen ell S W C ey esrre ouer to the bill United Stat

320 CONGRESSIONAL RECORD. JANUARY 7, office, and acquaint the Senate that the House of Representatives will in due time Mr. BUTLER, of Mass~chusetts. Certainly. exhibit particular articles of impeachment and make good the same; and that the Mr. COX. 'Vas any matter of a political or quasi-political charac­ committee do demand tha.t the Senate take order for the appearance or said Edward H. Durell to answer to said impeachment; ter before the committee with reference to the impeachment of Judge 3. .Raolved, That a committee of seven be appointed to prepare and report ar. Durell t What were the charges against him Y I do not remember. ticles of impeachment a!!ainst Edward H. Durell, judge of the district court of the Mr. DUTLER, of Massachusett. The first charge was immoral United States tor the ~trict of Louisiana., with power to send for persons, papers, conduct; the second charge improper conduct in relation bank­ and records, and to take testimony under oath- to havin~ received official information that the said Edward H. Durell bas resigned ruptcy proceedings; and the third charge was the issuance of this his office, and that his resignation has been accepted, report the resolutions back to midnight order, as it is called. the HoWle, and recommend that they do lie upon the table. Mr. COX. Will the gentleman state whether the·committee passed Mr. WILSON, of Indiana. I yield to the ~entlem:::m from :.Massachu­ on those charges seriatim, all of them Y sctt.s, [Mr. BUTLER,] the chairman of the Judiciary Committee. Mr. DUTLER, of Mass~chnsetts. They (lid, and the only one sus­ Mr. 'BUTLER, of Massachusetts. I desire, before the resolution is tained by a vote of the comm~ttee was the charge of improper con- put, to say a single word upon the matter. This is the usual di.spo i­ duct in regard to the midnight order. • tion of cases of impeachment under the circumstances. It is fully Mr. WILSON, of Indiana. I hope my colleague, the chairman of jllfotilied by the precedents. But before I sit down I desire to say, if the committee, will allow me to correct him with regard to a matter the Hou~ will permit me, that during this unpleasant investigation of fact. By referring to the report made by the Committee on the almost every member of the J ndiciary Committee has been attacked Judiciary, the chairman will find that he is mistaken with reference by the newspapers, and especi::illy the one now addressing the Chair, to one of his statements. There were three charges against Judge upon the ground that we endeavored to shield Judge Durell. It is Durell; one for drunkenness, the second charge was in regard to the due to him to say that the committee did not find any of the charges management of affairs in bankruptcy in his court, and the third was of corruption proved, but they did find that his order, and the action the celebrated midnight order. Now, with reference to the bank­ he took as judge, was wholly unauthorized; that it was beyond his ruptcy proceeding_s, the committee made this report. .After referring jurisdiction, and clearly beyond it; and that the committee concluded to the orders maae by Durell that were spread upon his record and that he did not conduct himself well in his office, so as to be liable to stating the testimony which had been taken by the subcommittee impeachment; but the necessity of trying him upon it has been in New Orleans, the committee say this: avoided by his resignation, and the appointment, I believe, of another These facts, so notorious, in regard to "the management of so important trusts as in his place. _ those of the bankrupt estates, when taken in connection with the order hereinbe­ :Mr. NIBLACK. I understand it to be a settled rule-the gentle­ fore referred to, lead to the inevitable conclusion by your committee that Judge man from Massachusetts, {Mr. BUTLER,] however, has investigated Dnn>ll must have been cognjzant of tJ1em and th~refore n. corrupt party thereto, or that be was grossly negligent in the discharge of his official duties, so that, qucuum­ that subject more than I have done or have been required to do-that que via datll,-he comes under a. like condemnation. an officer"hnnot escape impeachment by re:::tson of :r;esignation. I ueg therefore to inquire of the gentleman from Massachusetts if the I think the chairman will find that he was mistaken in his state­ committee have considered that question; whether they might not ment. impeach him still, if they think that the circumstances sufficiently Mr. ELDREDGE. The gentleman from Indiana will remember, as justify it. I do, that the midnight order was not the only ground on which the Mr. BUTLER, of Massachusetts. In answer to the question of the committee agreed to report in favor of the impe~chment of Judge gentleman from Indiana, I will say that a.s the Constitution imposes the Durell. punishment of disability from holding office hereafter, it is entirely Mr. WILSON, of Indiana. If I were allowed to go into the secrets competent for the House to go on with the impeachment; and it has of our prison-house, I could answer that suggestion. been so ruled over and over again. But Judge Durell is. an old man, Mr. COX. Was the midnight order voted on in the committee t and there will be no practical benefit in going on with the impeachment. Was it a part of tho substantive charges on which the report was Mr. RANDALL. There might be, as an exa.mple. ~~' . Mr. BUTLER, of Ma.ssachnsetta. And besililes that, as the commit­ Mr. WILSON, of Indiana. If it is proper for me to state the ac­ tee did not find actual c·orrnption, except that which is inferential tion of the committee, I am prepared to state it. because of his exceeding his jurisdiction, the committee, I believe Mr. BUTLER, of Massachusetts. The report shows that. unanimously, have come to the conclusion that this is the best dispo­ . Mr. RANDALL. I am quite willing to hear all 1ihis, but a moment sitior. that can be made of the case in view of the time necessary for ago I was stopped from telling what had occurred in a committee, al­ the public business and in view of the effect upon the country. It is though the public ought to know what I would have liked to have a, warning to the judge to look well hereafter to his jurisdiction be­ stated. fore he acts. For within his jurisdiction, unless corruption is proved, Mr. WILSON, of Indiana. If it is proper to state it., I have not he is perfectly safe; and if he acts outside his jurisdiction, then he is the slightest objection to stating what was iu the report and the amf.nable in the judgment of the committee, and I have no doubt of conclusions upon which the committee authorized these resolutions the Honse, ~ be impeached and deprived of office. · to be reported. The resolutions do not set forth the charges upon Mr. NIBLACK. My obje£t in making the inquiry was to ascertain which the articles of impea{}hment were to be preferred, but that whether the committee had considered this question in connection was a matter which was passed upon by the committee, and it was with the case of Judge Durell. If there were 1·eal grounds for his perfectly understood as to what the charges would embrace. If it is impeachment, I am inclined to think his resignn..tion should not allow proper for me to state what they would have embraced, I am pre­ him to escape. It ha-s happened, I believe, within the last few years pared to do it, and as silence seems to give consent, I will state that in this country, that some of these acts of official gentlemen which it was vot.cd by the Committee on the Judiciary that he was to be were regarded as great outrages by the people generally have been impeached for the management of the affairs of bankruptcy in his used as a passport to official favor; and if Judge Durell has been court and for the issuance of the midnight order. ,~:tnilty of that sort of misconduct which would justify the Honse of Mr. CESSNA. I appeal to my colleague on the committee to state Representatives in presenting articles of impeachment against him, that those resolutions were carried by a bare majority of the com­ I think he should not be permitted to escape by resignation ; and mittee in reference to either of those propositions. therefore I think we ought not to act hastily on the question, unless Mr. COX. Then yon impeach the judge for tbe "midnight order," the Committee on the J ndiciary have fully considered this matter and while the Administration has acted and the State government of resolved that the impeachment ought not to be pressed. Louisiana has been continued upon that impeachable high crime Mr. BUTLER, of Massachusetts. To"that I answer that Judge and misdemeanor. Durell claims, and the whole testimony was, that he acted upon his Mr. 'VILSON, of Indiana. So far as I am concerne(l, I was simply own motion, without any motion or argument before him, and that discharging what I belie\ed to be my duty, without regard to any is what makes the gravam-en of the offense charged against him ; for political consideration. And the majority of the committee, as is without motion of the codnsel for the complainant on this bill of stated by my collea!!Ue on the committee from Pennsylvania, [Mr. equity, he, upon his own consideration and judgment, act,ed, and with­ CESSXA,] voted in that way; the minority of the committee voted out any moving cause except in his own mind. the other way. I now yield to my colleague on the committee, the Mr. NIBLACK. Is it not true a.s a. matter of history and fact that gentleman from Now York, [Mr. TREM.A.IX.] to Judge Dm·ell, more than to any other man, is due the present rev­ Mr. TREMAIN. .A.s a member of the Judiciary Committee, I have olutionary condition of the State of Louisi:lna Y examined with some care the question which was propounded to the Mr. BUTLER, of Massachusetts. Thai may be true in this: that he chairman of the committee [Mr. BUTLER of Massachusetts] in regard made an order which brought collision between the Federal and to the constitutional power of this House now to institute a pro­ State authorities, but it was an order proceeding from himself, so far ceeding in the nature of an impeachment against Judge Durell, and as appears to your committee. also the power of the Senate to try it. And although the subject was Mr. NIBLACK. Is it not so much the worse for Judge Durell if he not 1)articnlarly discussed in the committee, it bein~ assumed that made the order without any motion or a.rgnment, but at his own the question ought to be disposed of in accordance w1th the pending instuncef motion made by the gentleman from Indiana, [Mr. WILso~,] yet Mr. BUTLER, of Massachusetts. It was on tha..t ground, I can say upon examination I find the authorities to be such, that in my judg­ for one, without speaking of the secrets of the committee, though I ment it is evident that a very serious doubt exists whether the Honse suppose I have a right to say how I voted myself-it was on that has any constitutional power whatever to proceed by impeachment ground that I voted for his impeachment. · after the officer haR resigned, his re ignation has been accepted, and Mr. COX. Will the gentleman from Massachusetts [Mr. BuTLER] his successor ha-s been appointed. · allow me to ask him a qnestionf The power to impeach rests entirely upon the Constitution of the 1875. CONGRESSIONAL RECORD. 321

United States. The whole system of English parliamentary impeach­ in cases of settlement and compromise; but one great difficulty about ment, with the tremendous powers possessed by Pm-liament, hn.s been this is, that, as the law then stood, no publicity wa~ required in such superseded by our Constitution. This whole subject is most thor­ proceedings. Under the law a.s it now stands, by the amended bank­ oughly discussed by that learned and eminent jurist, Judge Story, rupt a-ct of last session, the parties interested would have been pro­ in his Commentaries. And the extract which I hold in my hand I tected against such charges. It further appears that, so far as Judge think is so entirely broad, compre.hensive, and satisfactory as to Durell is concerned, he bas never participated at all in any corrupt cover the entire gound. I will therefore content myself with simply fund. All the testimony-shows that he was regarded as a gentleman reading what he says, reminding the House in the first instance that of integrity and le:trn.ing in his profession. The bankers with whom the language of the Constitution is, that upon the trial of an im­ he had for years kept his a-ccounts testified that he never ha-d more pe~ehment the officer may be removed, and then he may be disquali­ than three or four hundred dollars on deposit at any one time, and fied from holding office. Upon that Judge Story says: the proof showed that he had no means whatever except those derived from his sal:uy; that he had no property except his law li­ As it is declared in one clause of the Constitution that judgment in ca-ses of im· pea.chment sha.ll not extend further than a. removal from office and disqu:ilified to brary and the furniture of a suite of rooms that he occupied in New hold any office of honor, trust. or profit under the United Sta~s. and m another Orleans. Therefore it seemed to mo that upon all these questions clause that the President, Vice-President, and all civil ofi?.~rs of the United~tates there was nothing that rose to the dignity of a high crime or mis­ 6hall be removed from office on impea{lh.ment for a.nd conViction of treason, br1bery, demeanor. or other high crimes or misdemeanors, it would seem to follow that the ~enate we!e bound in all cases to enter a judgment of removal from office, thou!!h 1t has a dis­ The only remaining charge was that based upon the alleged mid­ cretion as to inflicting the punishmen~ of disqualification. If there, then, ~ust.be night order, dated December 5, 1872, which will be found on page a jadgment of removal from office, 1t would seem to follow that the Constitution 559 of this document. Now, the general impressions under which I contemplated that the party was still in office at the time of impeachment. If he acted in uniting with the minority in re(7ard to that were these: I wa.s not. his offense was still liable to be tried ~d punished in the ordinary tribu· na.la of justice. . considered that there was a state of turbclence, amounting almost to And it might be. argued with SO!fie force that it would be a. vain exer?ise of au­ revolution, existing when that order wa-s made; that the judge was thority to try a delinquent for an rmpeacha.ble offense when the most 1m~rta.nt acting under a statute of the United States which wa~ new, and he object for wmch the rel!ledy was given was !lo longer ne~essai"y or ~ttamable. wa~ There is also mueh force m the remark that an rmpeachment 18 a proceeding purely had no old, beaten, tried paths to guide his footsteps; that there of a political nature. It is not so much designed to punish a.n offender a'! to secure a conspiracy on the part of Warmoth and others, by fraud, force, and the Sl!a.te a(J'ainst gross official misdemeanors. It touches neither his person nor violence, to take possession of the political power in the State against his pro-perti, but simply divests him of his political capacity. (Story's Commenta­ the will of the actual maJority of the people of that State; and ries, 803.) without very carefully examining the question, I wa~ willing in I therefore submit that if the absence of power to impeach in such charity to give to Judge Durell the benefit of the doubt that I enter­ a case is not entirely clea1', yet at le'l>St there is so muc~ doubt about tained in regarrd to it, especially when the order itself recites the fact the power to proceed by impeachment under such crrcumstances, that Warmoth was one of the defendants in that suit, and had been that it seems to me it would be a very ~proper exerciie of our pre­ restrained by an interlocutory or preliminary order that had been rogative, as the grand inquest of the nation, for us to go any further issued, and had, as it was claimed, in violation of thl)>t order, proceedC\d with the case und~r existing circumstances. . to issue a proclamation declaring certain officers elected. This order As I now have the floor, I desire to say a word or two in regard to recit.ed that he had been guilty of disobedience of the previous the merits of this ca.se, from the fact that I united with four other order of the court. members of the cemmittee in a report dissenting from the report of I differed from the majority of the committee in the report which the majority, without giving any reason for our action. By way of they presented to the Honse, and in which they say that Warmoth explanation on that subject, I desire to say that the testimony taken had not violated any restraining order. It appeared that after the by the committee, a copy of. which I hold in my hand, extending over order was issued Warmoth had signed a bill which had been pa...'lsed :five hundred and :fifty-nine pages of printed matter, was brought in by the previous Legislature, and was resting in his safe, authorizing at the close of the last session. It was understood that there would the creation of a new board of canvassers or returning-board, and be no other action taken than the presentation of the resolutions of therefore he claimed that he had a right to proclaim tho result of the the committee. Supposing that I should have a full opportunity canvass by the new board without violating the restraining order. during the vacation of examining this subject with the care that its Bot upon looking at the terms of that order, I think the majority of imll

Considering the general character of this order to be so extraordinary, In my judO'ment the case was entirely bare of evidence to make it and fearing that unless condemned it might grow into a dangerous appear that S:udge Durell, in making that order, was actuated by any precedent, I freely acknowledge that I had resolved, if compelled to corrupt motive, or that he acted in any belief that he was exceecliug vote upon these resolutions to vote for them so far as it was proposed his lega,l jurisdiction. ~ to impeach him upon that case, while ignoring the other part of the .A.nd, Mr. Speaker, as this report which I made, a minority report, charO'e contained in the report of the majority of the committee and signed only by myself, is very short, I would like that it should ue every other charge embraced within the range of this investigation. read by the Clerk. It states in fewer words than I ca,u tate it now I deem it a. mere matter of justice to myself to explain my position precisely my idea in reference to the proper aetion in this case. and views upon this case; but, as I said before, for the reason if The Clerk read as follows: we should order an impeachment it would only authorize a very The undersignell, member of the J ndici:l.ryCommittee, for himself desires to s;y­ expensive and dilatory proceeding which would result in nothing, I First. Iu refution to the 'midnight OTder, aJ.thongh he believes the judge had no agree entirely to the resolution presented by the gentleman from proper legal jurisdiction to make it, still, he ia not able to find that the judge acted In- con·up•,ly, or with any belief that he was going beyond his jurisdiction in making diana that the whole subject be laid upon the table. • it. Tho law under which he acted was new, and no rules or precedents had been Mr. POLAND. It has not occurred to me, Mr. Speaker, there is established under it. The wholo people were excited, the times wero violent rtrrd either very great interest or profit in having a long debate on this tnrbulent, !llld judicial calmness or correctness oould hardly be expected. Secondly. The evidence seems to establish that some of the officers of Judge ma.tter in its present condition, and I would not say a word were it Durell's court were guilty of very corrupt practices and tha.t he was not watcbful not tha.t I wish to say something in the nature of a. personal explana­ t{) scrutinize t.heir conduct; but there is no claim that he ever shared in :my of the tion. My studies for a. few wee~ ha.ve been somewha.t in relation to proceeds of their gains, and no direct evidence that he knowingly sanctioned or the relative rights, duties, a.nd obligations of the States and General approveu their action. Thirdly. Where the evidence obtained by substantinJly :m ex-parte examination Government with and to each other. In tho course of them I had oc­ only secures a bare majority of the committee. it does not appear to me that the ca.,aion to look at an article in the International Magazine, published public interest will be furthered by presenting articles of impeachment to the in Philadelphia, written by Judge Cooley, of Michigan, a gentleman Senate for trial. • who I have known by reputation for some years as a judge of the su­ LUXE P. POLAND. preme court of that State, but who is more widely known as the authlic good. · ruptly or made with a knowledge on his part-with the belief that he Mr. ELDREDGE. Then I say to the gentleman from Vermont that ivas exceeding his legal jurisdiction. when the judge acts voluntarily, a,nd in a matter of such importanc~ 1875. CONGRESSIONAL RECORD. 323

as this order, I cannot for one agree with the gentleman that that modes of proceeding under the laws of t he land by which it could be is evidence of good motive. examined. and inquired into. It may be that, in consequence of his Mr. STORM. I wish to ask the gentleman from Vermont to state action, wmng was done, but that does not matter. I will not here his opinion as a lawyer, whether Judge Durell could not have justi- convict any man in t he highest court on earth, or on this continent :tied his conduct in the issuance of that order by the enforcement acts at least, of high crimes and misdemeanors in the way it was proposed of 1870 and ll:l71 f to convict this man here, unless I am satisfied that he acted corrupt- Mr. POLAND. Several members of the Committee o~ the Judiciary ly; and it is not clainied by even his most earnest and ardent prose- thouuht he was legally justified. I thought he was not. But I think cutors that he acted corruptly in this order. _ . thes~ gentlemen on the other sid'e had better hold their colloquy with Mr. WILSON, of Indiana. I yield now for a few·minutes to the sonie of my colleagues on the committee who believed that he was chairman of the committee, [Mr. BUTLER, of Massachusetts.] entirely right, rather than with me, who thought he was entirely M".r. BUTLER, of .Massachusetts. I only want to state the grounds wrong. upon which the majority of the committee acted in reference to the M.r. STORM. But you voted the other way. midnight order. I did not think, ancl I do not think now, that a ma.- Mr. TREMAIN. I wish to ask the gentleman from Vermont a jority of the committee acted on the question of corruption in the question suggested bv the remark of the gentleman from Ohio, [Mr. bankruptcy matters, nor does the journal of the committee show it; LA. WRENCE.] I understand tlrat gentleman to claim that there is an but, in reference to the other matter, there was under t.h.e enforce­ implied power of impeachment such as existedatcommonlaw. Now, ment acts a bill in equity brought to perpetuate testimony between we know that in England, under the impeachment power, the Parlia- A and Band C. On that bill to perpetuate testimony, alone, this order ment could not only remove men from office, but condemn them to was issued to restrain and prevent the whole Legislature, E, F, G, death or to various other punishments or arbitrary fines. If that and so on through the whole alphabet, from going on with their leg­ p.ower does notexistJ then the power of impeachment must be under islative business. Now, that seemed to me not within the enforce­ the Constitu.tion. ment act. There was no bill under the enforcement .act to put that The question I put to my friend from Vermont is whether he sup- order in action, but simply a proceeding to perpetua.te testimony. It poses there is any power to impeach at all except in the Constitution seemed to me so gross an exercise of power that il the judge did not of the United States; and, if so, then we can all judge for ourselves know he was exceeding his powers he ought to have known it. And, whether that does not require that the man impeached shall be in in either case, if he did know, of course he was wrong; and if he office at tb.e time! . did not know, he ought to have known, and therefore he did not con- Mr. POLAND. With reference to the inquiry made by the gentle- duct himself well in office. And upon that ground I voted as I ilid. man from New York, I am very much in the same position that I waa There waa no proof that after that order, niter that restraining in relation to that made by the gentleman from Wisconsin. He is was done, after the whole mischief had been accomplished, there ever combating the theory of the gentleman from Ohio [Mr. LAWRENCE] has been from that day to this, so far as I can learn, n. motion in court with me. I should agree with the gentleman from New York that by pL'lintiff or defendant, by judge, juror, or clerk, in reference to the power of Congress to impeach grows out of the Constitution; but that cn.se. And there never has been :my return of what was done I still think that its legal effect and co11sequences are to be deter- under that order. All the world knows what was done without a. mined by the general laws applicable to the subject of impeachment return. which existed when the Constitution was formed. Now, while I will not hold a judge to be impeachable where he .Mr. TREMAIN. There is nothing in the Constitution prescribing simply makes a mistake, yet if a judge, clearly outside of all possible the laws applicable to the subject. jurisdiction, interferes with the liberty of a single citizen, I will hold Mr. POLAND. That is what I said before. I have not studied the him impeachable. How much moro so when he sets a great State and subject with reference to the question whether a man's going out of a great country by the ears, and produces anarchy and murder aud office ends impeachment proceedings or not. My impression is with all their attendant results. In my judgment it must be understood the gentleman from Ohio tbat it does not. in this country that the courts must let politics alone. And I voted Mr. TREMAIN. Story evidently thinks the other way, but there · to serve a notice on all judges that they must attend to cases between is a little doubt. party and party, and let politics alone; not allow ~he judicial ermine l\Ir. WILSON, of Indiana. How much time have I remaining f to be dragged in the filth of partisan discussion. • The SPEAKER pro tempo1·e. The gentleman has ten minutes. Mr. WILSON, of Indiana. I do not know that the· matters that Mr. WILSON, of Indiana. Then I yield three minutes to the gen- have been talked about here are really before us now for discussion. tleman from illinois, [Mr. WARD.] So far as I am personally concerne

Hendee, Herndon, E. Rockwood Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, stitution the English Parliament, by impeachment, could not only Hunter, :K:u>son, Kelley, L:msing, La.wrence1 Lawson, Lewis, ~owe, Lowndes, remove a person from office, but might inflict fines and punishments Lynch Martin, Maynard, Alexander S. McDill, James W. McDill :MacDougall, :M:cKe~, McNnlta, Merriam, Monroe, Moore, Myers, Negley, Orr, Ort.h, Packard, even unto death. Our Constitution treats the power of impeachmeut Packer Page, Isaac C. Parker, Parsons, Pendleton, Phillips, Pike, Thomas C. Platt, as one tha,t ought to be exercised for the safety of the Gov rnment; Poland,' Pratt, Ray, Richmond, Ellis H. Roberts, James W. Robinson, Rusk, Saw­ but in order to preveht the wrong and outrago which, a we know yer H. onry B. Sayler, Isaac W. Scudder, Sener, SessionsJ.. Sh:mks, Sherwood, Smart, A. Herr Smith, H. Boardman Smith, John Q. Smith, ;::;tanard, St. John, Sypher, so well, parliamen.tary bodies ~ay commit when .they get exci~eu Taylor Charles R. Thomas, Thompson, Thornburgh, Todd, Townsend, Tremain, over their reputat10ns or somethrng else, our Constitution put a w1 e Tyner,'Wadtlell, Wallace, Jasper D. Ward, Wbeeler, White, Wilber, Charle W. limit upon the power of parliamentary impeachment in this country. Willard, Geor~e Willard, William Williams, William B. Williams, James Wilson, Mr. LAWRENCE. .A limitation upon the power of punishmeut; Jeremiah M. Wilson, and Woodworth-128. that is all. NAY~Messrs. Adams, Arthur, Ashe, Atkins, Bannin"', Beck, Bell, Berry, Bloun~ Bowen, Bright, Bromberg, BT!lwn, Caldwell, John 13. Clark, jr., Clymer, Mr. BUTLER, of Massachusetts. .A limitation upon the power of Cook:, ~Jox, Crittenden, Crossland, DeWitt, Durham, Finck, Fryo, Gidilin~ Glover, punishment in cases of impeachment. Our Constitution bas proviued Gunter, Hamilton, Hancock Ileury R.Harris, John T. Harris, Hatcher; J:Lereford, that the punishment in sucp. ca,ses shall not extend further than to Hohnan, Hunron, Lamar, Lamison, Leach, 1\la,gee, Marshall, McLean, !Ulliken, Mills, Morrison, Nea.liiNiblaok, Ho ea. W. Parker, Pierce, Randall, Read, Robbins, removal from office and disqualification for holding office. Now, Milton Sayler, Scbe , Sm.'lll, William A. Smith, Southaru, Standiford, Stone, though a man may escape the judgment of removal from office uy Swann, Vance, Wells, Whitehead, Whitehouse, Wbitthorne, Willie, Wolfe, Wood, removin(}' himself, he cannot escape the punishment ·of disqualifica­ John D. Young, and Pierce M. B. Young-09. tion to h~ld office. It is entirely within the power of the House and NOT VOTING-Messrs. A.lbri~Yht, Archer, Barnum Barrere, Bland, Buckner, :Bundy, Burleigh, Cannon, Amos tJlark, jr., Freeman Cfa:i:ke~,_cllnton L. Cobb, Co­ the Senate to go on and inftict'that ~squa~cation. . . burn, Comingo, Conli{er, Creamer, Crounse, Curtis, Darrall, uavis, Dunnell, Eden, The dictmn of Judge Story upon this question was, I am afrrud, like Eldredge, Farwell, Fort, Fo ter, Freeman, Eugene Hale, Robert S. Hale, Harmer, some other dicta in his voluminous works, written by some law-school Hersey, George F. Hoar, HubbelL llurlbut, Hlde, HyneR, Kellogg, Kendall, Kil­ student; out whether that be so or not, the opinion is prefaced uy an linger, Knapp, Lamport, Lofland, Loughridge, uttrell, MeUrary, Mitchell, Morey, Nesmith, Niles, Kdnn, O'Brien, O'Neill, Pelham, Perry, Phelps, James H. Platt, "it would seem;" the idea being that if we cannot enter a judgment of jr., Potter, Pnrman, Rainey, Ransier, Rapier, William R. Roberts, James C. Robin­ removal from office, we cannot enter the other jud!mlent. I entirely son. Ros , John G. Schumaker, Scofield, He~ J. Scudder, Sheats, Sheldon, Laza­ dis ent from that doctrine. The contrary.was hel8 by the Senat.e of rus D. Shoemaker, Sloan, Slos , George L. SIDlth, J. Ambler Smith, Snyder, Speer, Spra,..,"'lle, Sta,rkweatber, Stephens, Storm, St.owell, Strait, Strawbridge, Christo­ the Uypted States in the case of Judge Pickering, (although it <.lid not pher Y. Thomas, Waldron, Walll heresy, if my friend from New for the plaintiff in that action, and the agreement upon which it was York [Mr. TRE~IAL.~] will pardon the expression, as the idea. that settled wv.s that this party was to give up his action of libel against the House of Representatives cannot impeach an officer who has Judge Bus~ed, ~nd Judge Busteed was to have the money w~ich h~ resigned; that an officer of the United States · always has it within been p::l(id by this party on account of the fine a.sse sed agaLDSt him his power to st.op an impeachment by simply resigning his office. The returned to that party. fourth section of the first article of the Constitution provides- Mr. ELDREDGE. In settlement of the libel suit f Judgment in cases of impeachment shall not extend further than to removaJ Mr. WILSON, of Indiana. In settlement of this civil action for from office and disqualification to hold and en.joy any office of honor, trust, or profit libel bronght by this party against Judge Bu.steed. That money, pur­ under ths United States; but the party convicted shn.ll nevertheless be liable and suant that arrangement, was taken out of the . Trensnry of the subject to indictmsnt, trial, judgment, and punishment according to la.w. to United States, for it was virtually in the Treasury of the United Now, it is well known that at the time of the formation of our Con- States, and used by Judge Busteed for the purpose of settling his pri- _,

1875. CONGRESSIONAL RECORD. -325

vate litigation or his litigation with this party on this libel suit. That had any residence anywhere whatever, whether it was not in Ala­ was one ofthe grounds before the committee on which the committee bama. He hjtd taken a lease in Alabama for three years, and left be­ resolved it would impeach him; and with that statement of the case cause the house was not in a tenantable condition, and he had acq aired I leave it to the House. no residence elsewhere. He had been shot at, and carries one or two Mr. TREMAIN. 1\fr. Speaker, allusion having been made to the bullets in his body to-day. I do not suppose any one would say that r marks submitted in relation to the. power of Congress over this sub­ he should have stayed there during the hot weather of summer in ject, I desire simply to say that the proposition which I intended to order to be a resident. If he had not a residence there, I do not think ad vance was, that there were, to say the least of it, very grave consti­ be had a residence anywhere. But the gentleman from Pennsylvania tutional doullts existin~ as to the power to impeach and try before on the sub-committee [Mr. CESSNA] has examined and is familiar the Senate an officer wno was not holding office at the time the im­ with the evidence bearing upon that subject fully, and is better pre­ peachment was instituted. I had the authority of Judge Story on pared than I am to speak upon it. that subject, which was based on the language of the Constitution As to the other question of his using the fund realized by t.b.e impo­ to this effect: · sition of a fine, everybody agrees that he had the right to remit the Judgment in oosea of impeachment shall not extend further than to removal from fine during the same term of court He had prepared an order during otlice and disqualification to hold and enjoy any office of honor, trust, or profit the term of court to remit it, but was then sued for the libel, and was under the United States i but the party convicted shall nevertheless bo liable and advised then that it would be unwise, and therefore he did not make subject to indictment, trial, judgment, and punishment according to la.w. that order. Subsequently, on application beingmadetoremit the fine, And also upon section 4 of article 2- he undertook to remit it; but I doubt very much whether he had the The President, Vice-President, and all civil officers of the United States shall oo .power strictly to do it, the term of court having expired. removed from office on impeachment for, and conviction of, treason, bribery, or Mr. WffiTE. I wish to ask the gentleman from New York whether, other high crimes and misdemeanors. in connection with the remission of that fine, the testimony does not Now, I freely concede there is great room for argument on this show the fact that it was done in order to compromise an action for question on both sides of it. There are authorities, not judicial, I :lam ages against Judge Busteed. · think, which look to a conirary conclusion. A very able opinion has 1\fr. TREMAIN. - An action of damages growing out of an expres­ been prepared by one of our colleagues in this House, Judge LAW­ sion in an official opinion that he had pronounced in court while RENCE, in which he assumes that the power does not flow from the deciding that question of the fine, and which a reporter took and constitutional power to impeach so far as punishment is concerned. published in a newspaper; and he was sued for libel by the very I do not venture to give an absolute and ppsitive opinion on that party who had been fined. Afterward, on application to purge from _disputed point. It was sufficient for the purpose of my argument contempt, he undertook to remit the fine; but I do not know that be that there were grave doubts upon it as well as high authorities ha-d any right to do so. ag1.inst proceeding after an officer had resi(l'ned. There seems to be Mr. CESSNA. I wish to ask the gentleman from New York if he no great danger that any evil is likely to flow from that interpreta­ has not official knowledge of the fact that it appea.red in the evi­ tion, for if an impeachable offense has been committed the party is dence beyond all contradiction that, on the very morning after that liable to be proceeded against by indictment. It did not seem to fine was imposed, Judge Bnsteed had written an opinion remitting the me to be wise to incur the large expense of impeachment so long as fine, and wa.s on his way to deliver that opinion when the writ was this question was pending, and especially as there wa.s no immediate served upon him in the snit which has been referred to. I would necessity or pressing emergency for bringing the question to final also ask him if it ~not true that this same question was before the determination. House on two -former occa-sions, was referred to the Judiciary Com­ Nor do I think that the case of Judge Humphreys·is at all important mittee, considered by that committee, and unanimously reported as bearing upon this question. He had not resigned his office. There q.gainst as insufficient ground for impeachment. was no way to get rid of him except by impea,chment. True, he had Mr. TREMAIN. I have already referred to the fact- gone into the confederate army; but we had no statute in the United Mr. HAZELTON, of Wisconsin. What is the question before the States, as in some of the States, declaring that such a removal from House! his jurisdiction vacated his office. He was still in office, and thus Mr. WILSON, of Indiana. I yield to my colleague on the commit- the Senate had undoubtedly the right to proceed, as they did, to try him tee from Wisconsin, [Mr. ELDREDGE.] . · by impeachment, and remove him from office. Mr. ELDREDGE. I do not want to occupy the time of the House In the case of Judge Busteed I have examined the testimony. I more than a moment. had very grave doubts, and still hav~, whether any impeachable Mr. TREMAIN. Allow me a word. I have already answered the offense was made out a~ainst him. So far -as relates to his non­ first part of the interrogatory of the gentleman from Pennsylvania. residence, I think there IS a very serious ·question whether that has In regard to the latter point, I do not know anything about it, and of ; been or can be considered a high crime and misdemeanor within the course if he does he can state it to the House. . meaning of the Constitution. Judge Story, whose authority has been Mr. PELHAM. Let me ask one question. Was there any evidence somewhat und61Tated here to-day, says that -the Constitution means before the committee that Judge Busteed intended to remit that fine such offenses as ara high crimes and misdemeanors as they exist-ed at the next day after T common law when this Constitution was adopted. By a subsequent Mr. TREMAIN. Yes, sir. etatute it was declared that a judge should reside within his district, Mr. PELHAM. Whose testimony f and that his non-residence should be a high crime and misdemeanor. Mr. TREMAIN. I am not familiar with the names of the witnesses, It is a matter of very grave doubt in my mind whether refusal to but doubtless the gentleman from Pennsylvania, [Mr. CESSNA,] who reside would be considered a high crime and misdemeanor, because it was a member ~f the sub-committee, can inform the gentleman. was not such at the time the Constitution was adopted. Mr. PELHAM:. Was it not the testimony of his son-in-lawf Mr. PELHAM. I would ask the gentleman whether by one of the Mr. CESSNA. 'fhere was evidence tha-t he had prepared to do it statutes of the United States it is not made a high crime. on the day followrng. Mr. TREMAIN. Undoubtedly it is. And that presents the ques­ Mr. PELHAM. Well, I have read the evidence very carefully, and tion whether that statute is or is not unconstitutional. If it required I cannot find anything of the kind. · for impeachment a high crime and misdemeanor as the law then Mr. HAZELTON, of Wisconsin. What is the question before the stood, of conrse it would not be competent for Congress to say that a House, and who is entitled to the floor f man should be held guilty of a high crime or misdemeanor because The SPEAKER.I The Chair understood the gentleman from Ihdi­ he was not a democrat or because he was not a republican or because ana. [Mr. 'VILSON] to yield to his colleague, [:Mr. ELDREDGE.] he did not wear his coat after a particular fashion. Mr. WILSON, of Indiana. I have yielded to him for five min­ But I do not propose to discuss that question, because I do not think utes. that this case calls for it. I think there is some room for doubt about 1\fr. PELHAM. The gentleman from New York [Mr. TREMAlN] it. I am entirely satisfied with the disposition proposed to be made of allows me to ask him a single question. The gentleman states that this case by the gentleman from Indiana, [~fi. WILSON.] this fine was attempted to be remitted in the settlement of a snit - Mr. WILSON, of Indiana. I wish to ask the gentleman from New that was brought against Judge Bnsteed for an alleged libel, and York whether he thinks the issuing of the midnight order by Judge which was groundless. Now, I want to ask the gentleman if it is Durell was a high crime and misdemeanor at common law. not a ·greater outrage to take 1,000 of the Government money after · Mr. TREMAIN. Corruption and a willful andintentional abuse of it has been paid into a. depository to compromise a suit which has no official power are offenses indictable at common law. And there are foundation tha.n to compromise one that had foundation f The undoubtedly grave official delinquencies of a moral charact-er which point is made that there was no foundation for the suit. I a-sk if it are not attributable to m~re non-residence, which I believe may be was not a greater crime to take $1,000 of the public money to com­ i~peach1.ble, or were so in England; alth6ngh it may be very ques­ promise such a suit than it would have been to take it to compromise tionable whether it should not be an indictable offense, to be an im­ a snit which had some foundation f peachable offense under the Constitution. But on that question my Mr. TREMAIN. The question is whether Judge Busteed was cor­ friend from Ohio [Mr. LAWRENCE] has prepared an elaborate argu­ rupt in using the money. Now, if he had exercised this power during ment to show that it is not necessary to au impeachment that the the term of the court, he would have had an unquestionable right offense should be an indictable offense at common law. But I do not to do so. deem it ne~essary to take up more time at present on that question, Mr. PELHAM. The case wascompromisedafterthecourt adjourned. because there is great room for doubt upon the evidence in this case Mr. HAZELTON, of Wisconsin. What is the question before the as to the question of fact where Judge Bnsteed did reside; and if he House.f

.Jl 326 . CONGRESSIONAL RECORD. J .ANU.ARY 7,

The SPEAKER. The gentleman's colleague [Mr. ELDREDGE] is Mr. HAZELTON, of Wisconsin. It is in relation to clnims of con­ entitletl to the floor. structors of iron-clads. Mr. ELDREDGE. I do not desire to occupy the attention of the The SPEAKER. The gentleman can ask for a reprint of the report ; H ouse for but n. few moments. I entirely agree with the gentleman that will give the usual number of fifteen hundred copies. who makes this report to the House in regard to the grounds upon Mr. LAWRENCE. Will that. include the views of the minority f which the committee reported in favor of the impeachment of Judge Mr. HAZELTON, of Wisconsin. Of course. Busteed. There were two ground , as stated by the gentleman from Mr. RANDALL. I think we have spent money enough in that Indiana. I can understand very well how the gentleman from Massa­ way. chusett [Mn. BUTLER] fellinto the error into which he seems to have The SPEAKER; Does the gentleman object T fallen, and it was in conseqnence probably of his own vote; and I Mr. RANDALL. I do. state b.v his permission th:1.t he did vote for the proposition to impeach Judge Busteecl for his non-residence in the district, but not upon the POWELL'S EXPEDITION. other ground which the committee reported in favor of impeach­ Mr. DONNAN, ·from the Committee on Printing, reported the fol­ ment on. lowing resolution; which was read, considered, and adopted : Now, sir, one word in regard to the power of impeachment in cases Resolved b1f the House of .Rep1·esentatives, (the Senate con-curring,) Tba:t the Con. of resignation. That que tion did not arise in the committee and gression.tl Printer be,-and he is hereby, authorized to print the report of Major was not considered at all, because it was deemed most expedient to Powell's expedition in quarto form. let the matter drop, since we had got rid of the judge. I did not E. W. BLAIR. suppose that the que tion would be raised, or that it could be sup­ posed by any one that a party could resitgn after having committed Mr. LAWRENCE, from the Committee on War Claims, reported high crimes, and escape trial and punishment for those crimes. I back the petition of E: W. Blair, of Nicholas County, Kentucky, a,nd cannot, sir, myself, give my assent to any such doctrine. I do not moved tha.t the committee be discharged from its further conside:ca- believe that that is the proper legal construction of the Constitution, tion, and that it be referred to the Committee ,on Claims. . nor do I believe it would be policy to allow it to be done. There may The motion waB agreed to. be mn,ny cases where it would be the duty o~ Congress to proceed to CHRISTIANA L. WILLIAMS. put the party ou trial and have the penalty administered of disquali­ fication to hold any office thereafter. I think that is as much one of Mr. ST. J OHN, by unanimous consent, introduced a bill (H. R. No. the objects of impeachment as to remove an improper person from the 4202) to enable Mrs. Christiana L. Williams, administTatrix of the es­ office it elf. I do not wish to be committed to the contrary doctrine; tate of C. W. Williams, deceased, to make application to the (.)om­ and since gentlemen have seen fit to state their positions, lest they missioner of Patents for an extension of letters-patent for improve­ mi~ht be supposed to have given their assent to the doctrine that ment in canal locks and gates; which was read a first and second · resignation would relieve the party from trial and condemnation, I time, referred to the Committee on Patents, and ordered to be prin~ . Tiish to enter my eli sent from that doctrine. CIVIL-RIGHTS BILL• .Mr. WILSON, of Indiana. I now yield for a few moments to the gentleman from Alabn.IIh'l., [Mr. PELHA..~.] Mr. BUTLER,.of Massachusetts. Mr. Speaker, I desire to give no­ Mr. PELJ;IAM. Mr. Speaker, it was not my intention to have said tice that on Monday next, or as soon thereafter as possible, I propose anything about this ca e. I intended to hn.ve allowed the resolution to offer :1 resolution, to provide that in the consideration of the bill of the Committee on the Judiciary to be adopted without any com­ and amendments thereto relating known as the ''civil-rights bill" no ment from me whatever. But when the attempt is made here by the dilatory motions shall be entertained save motions t-o adjourn. members of that committee to make it' appear that there was really Mr. RANDALL. That does not amount to the time it takes to no crime or misdemeanor committed. by Judge Busteed in Alabama, state it. it is necessary for me to state briefly my reasons for not insisting upon !\.Ir. BUTLER, of Massn.chnsetts. That is very good; I am glad his impeachment now. of it. · It is well known that the late President Lincoln indulged fre­ LEAVE OF ABSENCE. quently in practical jokes. The appointment of Judge Bnsteed, in the first instance, was a cruel practical joke on the people of Ala­ Mr. HuBBELL was granted leave of absence for two weeks. bama, the cruelest one Mr. Lincoln ever indulged in or that ever was Mr. PuRMAN was granted len.ve of a.bsence for twenty dn.ys. indulged in upon any people. Articles of impeachment were pre­ Mr. HOLJ\IAN. I move that the House now a.djourn. pn.red against Judge Busteed, and he has resigned his office. The ';l'he mo~o~ was agreed to; and accordingly (at four o'clock a.nd time of this House and the time of the Senate can be more profitably thirty-five mmutes p. m.) the House adjourned. employed than ip considering articles of impeachment preferred by this House. For that reason, and inaBmuch as he never livedinAla­ bama, does not live there now, a,nd in all probabiljty we never will PETITIO~S, ETC. see him any more, I do not care to do anything further except to give this reason why I vote for the resolution introduced by the The following memorials, petitions, and other papers were pre­ gentleman from Indin.na, [1\fr. WILSON.] It is simply because he has sented at the Clerk's desk under the rule, and referred as stated: re igned, and we will have no more trouble with him in Aln.bama, in By Mr. BEGOLE : The petition of Asa F. Chn.lker, for a. pension, to all probability, thn.t I agree to this resolution. the Committee on Invalid Pensions. Mr. ELDREDGE. Does the gentleman have any apprehension Also, the petition of Gersham Bartlett, for :1 pension, to the Com­ that there is any possibility of Judge Busteed being appointed to mittee on Revolutionary Pensions and War of 1812. some other office hereafter ; that some practical joke will ue prac­ By Mr. BUFFINTON : The petition of the Ma achusetts l!edi­ ticed upon some other State ¥ cal Society, in behalf of the Medical Corps of the United States Mr. PELHAM. Well, if the next elections go the wa.y the last did, Army, to the Committee on 1\lilitn.ry Affairs. I do not know but what he will. At any rate there will be a good By Mr. CESSNA : The petition of workingmen, citizens of Hunt­ chance for it, for he has joined your party. . ingdon County, Pennsylvania, praying that the interest on the bonds ~{r. ELDREDGE. He will have to reform, then. of the Texas and Pacific Railroad Company be gun.ranteed by Gov­ Air. PELHAM. He has gone back on us. ernment, to the Committee on the Pacific Railroad. The motion of Mr. WILSON was agreed to. By Mr. CLAYTON: Re olutions of the boa.rd of supervisors of the :Mr. WILSON, of Indiana, moved· to reconsider the vot.e by which city and county of San Francisco, California, praying to be refunded the motion was agreed to; and n.lso moved to lay the motion to re­ moneys expended in improving streets in front of United States prop­ consider on the table. erty, to the Committee on Appropriations. The latter motion was a-greed to. Also, the petition of L. D. Latimer, of San Francisco, California., to be paid for legal services rendered to the United States, to the Com- BANKS ISSUL."(G GOLD NOTES. mittee on Claims. . Mr. HOUGHTON. I ask tmanimous con ent to have taken from Also, the petifJon of members of the California Hundred and the the Speaker's table, n.nd referred to the Committee on l3n.n.king. and California 9aval.ry Battalion, to be allowed auilition:J,l tra.Yel-pa.y from Currency, Senate bill No. 1068, to remove the limitations restricting places of d1scharge to places of enlistment, to the Committee on .Mili­ the circulation of banking institutions issuing notes payable in gold. tary Affairs . .Mr . HOLMAN. Not to be brought bo,ck on amotion to reconsider! By Mr. COTTON : The petition of citizens of Davenport, Iowa, for Mr. HOUGHTON. Certainly. the removal of the United Sta.tes district court for !own. from Keo­ There being no objection, the bill was taken from the Speaker's kuk to Burlington, to the Committee on the Judiciary. table, read a first and second time, and referred to the Committee on Also, the petition of citizens of Cedar County, !own., of similar Bn.nking and Currency. · import, to the Committee on the Judiciary. CLAIMS OF CONSTRUCTORS OF IRON-CLADS. By Mr. COX : The petition of Michael I . Conlan, for correction of his military record, to the Committee on Military Affairs. Mr. HAZELTON, of Wisconsin. I submit the followi.nO' resolution 0 By Mr. CURTIS: The petition of citizens of J effm on County, for reference to the Committee on Printing: Pennsylvania, for a post-route from Panxatawney, via Frost burgh and ro:fu~"::e Jb:e~~::.dred and fifty copies of House report No. 269 be printed Ringgold, to Mayville, in Clarion County, to the Committee on the Post-Office and Post-Roads. Mr. DAWES. What is that report T By Mr. FRYE: The petition of David De Haven, to be compensated • 1875. CONGRESSIONAL RECORD. 327 for steamer Alonzo Childs, taken by the United States Navy, to the IN SENATE. Committee on Naval Affairs. By Mr. HARMER : The petition of S. Gleason, W. ID Hoover, and FRIDAY, January 8, 1875. others for leave to build a market to be known as Corcoran Squa.re Prayer by the Cha.plain, Rev. BYRON SUNDERLA..."''"D, D. D. Mark~t to the Committee on the District of Columbia. . The Journal of yesterday's proceedings wa read and approved. By Mr. HARRIS, of Georgia: Petitions of citizens of ~eorgra, for mail·routes from Senoia to Greenville, and from Wh1te Sulphur EXECUTIVE COMMID\"'CATIOXS. Springs to Wisdom's Store. to the Committee on the Post-Office and The VICE-PRESIDENT laid before the Senate a letter from the Post-Roads. . . Secretary of War, submitting an estimate of funds required for ~ha By Mr. E. R. HOAR: The petition of Mrs. Sarah Whitin~, of Lo~ell, military prison at Fort Leavenworth, Kansas, ~or the ye.a~ ending Massachusetts for a pension to the Committee on Invalid Penswns. June 30 1876 · which was referred to the Committee on Military .Ai- By Mr. KELLEY: The p~tition of citizens of Schuylkill County, fairs, ~d ord~red to be printed. . Pennsylvania, for the restoration of the 10 per cent. duty taken ?ff He also laid before the Senate a letter of the Acting Secretary of leading products in 1872 and for the passage of the currency bill the Interior, transmitting, in ob~dience to law, ~epo~ts of the s~eyor­ submitted by Hon. W. D. KELLEY for the issue of 3.65 convertible-. general of New Mexico on pnvate land cla1ms ill that Terntory; bonds to the Committee on Ways and Means. which was referred to the Committee on Private Land Claims, and By Mr. KELLOGG: The petition of the harbor commissioners and ordered to be printed. the committees of the Chamber of Commerce and oi the common council-of the city of New Haven, Connecticut, for further improve­ PETITIONS ,AND MEMORIALS. ments of New Haven Harbor. .Mr. ALLISON presented the petition of J. ~·Jones, asking com­ Also, the petition of Frank G. Otis, of M~riden, Connec?cut, and pensation for the use by the Government of. his patented compound other officers and soldiers in the late war agamst the rebellion, for an defensive armor during the late war; which was referred to the amendment of the hom..estead law. Committee on Patents. Also, the petition of Harriet E. Edwards, wido"! of David S. Ed­ Mr. DAVIS presented the petition of George R. Murphy, of Pi~d- . wards late surgeon United States Navy, for a penswn. mont West Virginia, grandson of Isaa-c Murphy, deceased,. praymg By Mr. LANSING: The petition of soldiers and sailors, for an inde~nification for.spoliations committ.ed .by the Fren~h priOr t~ the amendment of the homestead law, to the Committee on the Public year 1801· which was referred to the Committee on Foreign Relations. Lands.' . Mr. FENTON presented the petition of Thomas McGeehan, of the I3 y .Mr. LEWIS : The. petition of Mrs. M. Janet Burleson, for relief, Soldiers' Home, Hampton, Virginia, as~g for an ~crease of pen­ to the Committee on ·war Claims. sion· which was referred to the Comllllttee on PensiOns. By Mr. LOUGHRIDGE: Petitions of citizens of Mo.nroe, Wape~o, Mi-. FERRY of Michigan, presented the petition of A. T. McRey­ and Davis Counties, Iowa, for the removal.of the Uruted States. dis­ nolds of Muskegon, Michigan, a pensioner of the Mexican war, pray­ trict court for Iowa from Keokuk to Burlington, to the Comlillttee ing the passage of an act which will enable him to draw pension for on the Judiciary. three years and two months, being the time he served in the late By :Mr. McCRARY: Petitions of citizen~ o~ W ashingt?n, Jefferson, rebellion and during which time his pension was stopped; which Henry Louisa Van Buren, Lee, and Des Moilles Counties, Iowa, for was refe~ed to the Committee on Pensions. the re~oval of the United States district court for Iowa from Keokuk Mr. HAMILTON, of .Maryland, present-ed the petition of Edmund to Burlin!!ton, to the Committ-ee on the Judiciary. Slifer of Maryland, praying that a pension be allowed to the children By Mr. PIERCE : The pet~tion of Marie ~uise Pef!in and Traut­ of Jo~ph Butts, deceased, for services rendered by him while in the mann Perrin for compensation for destructiOn of their property by Army of the United States; which was referred to the Committee on the bombarfunent of Greytown, Central America, to the Committee Pensions. on Foreign Affairs. . Mr. CONKLING presented a petition of a large number of soldiers By Mr. PLATT, of Virginia: The petition of B. W. Hunt~r, of VIr­ of the late war, residing at Colle~e Point, Long Island, praying for ginia, for permission ~o file a claim be~ore the southern claims com- an amendment to the homesteaa bill for the benefit of those who mi sion, to the Colllllllttee on War Claims. . served in the late war; which was referred to the Committee on Pub­ By Mr. ROBBINS: Resolutions of the Legislature of North Caro­ lic Lands. lina, asking au approp~iation to deepen the harbor at Edenton, North He also presented a petition of citizens of the city of Elmira, Che­ Carolina, to the Colllllllttee on .Commerce. . ·. mun" County New York, praying an amendment of the fourteenth Also resolutions of the Legrslature of North Carolina, a-sking an secti~n of th~ act of September 24, 1789, to establish the judicial appropriation to open Neuse River, to the Committee on Com- courts of the United States, so aa to authorize t~e levying of a ~ax merce. . . to pay jud!!lllents rendered by courts of the Uruted States; which Also, resolutions of the Legislature of North Carolina, illre~atiOn to was referr:Cl to the Committee on the Judiciary. the Freedman's Savings and Trust Company, to the Committee on Mr. LEWIS presented a meJ:?orial of t~e mem?ers of the fire depary­ Banking and Currency. . ment of the District of Columbia, protesting against a decrease of their Also resolutlons of the Legislature oi North Carolina, concerning present salaries, as propose~ by Senate bill No. 963, and p~aying that Feder~l tax on spirits of turpentine since the late war, to the Com- they may be increased; which was referred to the Colllllllttee on the mittee on Ways and Means. . District of Columbia. Also. the petition of citizens of Alexander Con.nty, North Carohna, Mr. MORTON presented the petition of Rees B. Edmondson, pray­ for a 'mail-route from Wittenberg, Alexander County, to Furches ing the passage of the bill (S. No. 1002) declaring the effect of per­ .Mills, in Caldwell County, North Carolina, to the Committee on the mits to pmchase products of the insurrectionary Stat~s in certain Post-Office and Post-Roads. cases granted by the President duringthewaroftherebellion; which Also, the petition of Hugh Cockerham, for relief, to the Committee was referred to the Committee on Military Affairs. on War Claims. The VICE-PRESIDENT presented a memorial of the Legislative By Mr. SAWYER: The petition?£ Theodore~o~eyand86others, Assembly of the Territory of Dakota, in favor of the opening up of of Appleton, Wisconsin, for a s~Clen~ apl?ropna~o~ to complete the the Black Hills country to actual settlers on the extinguishment of improvement of the Fox and WIBconsill R1vers w1thill four ye::LrS, to the Indian title thereto; which was refirred to the Committee on the Committee on Commerce. Territories. Also the petition of R. Hurlbut and 62 others, of W a.ukan, Win­ He also presented a memorial of the Legislative Assembly of the ne County, Wisconsin, for an amendment of the bag~ U~ted. St~tes Territory of Dak~ta, in ~vor of a gr~nt of land ~aid in the con­ Constitution to prohibit the manufacture and s~le of illtoXIcatin~ struction of a railroad ill Yankton, m that Territory, to the Great liquors within the United States, to the Comnnttee on the Judi- National Pa.rk, by the way of the Black Hills; which was referred to the Committee on Public Lands. SMITH, of Virginia: The petition of physicians of Virginia, ciBJ'Mr. He also presented ::' memorial of the Legi:'la~ve. Ass.embly of the in behalf of the Medica1 Corps of the United States Army, to the Territory of Dakota, m favor of an appr~pnatwn m a1d of the co~­ Committee on Military Affairs. struction... of a wagon-road from some pomt on the table-lands~ m Bv .Mr. SWANN: Numerous petitions of medical associations and Union County, in Dakota, across the marsh lands to Ponca ~dmg practitioners of Maryland, in behalf of the Medical Corps of the United on the Missouri River; which was referred to the Comrmttee on States Army, to tbe Committee on Military Affairs. Military Affairs. By .Mr. VANCE: The petition of citizens of Cleveland and ROBERT TAI."'iSILL. Rutherford Counties, North Carolina, for a post-route from Shelby to. Marion, North Carolina, to the Committee on the Post-Office and Post­ Mr. EDMUNDS. I believe there is on the table House bill No. 3780, Roads. removing the political disabilities of a gentleman in Virginia, which By Mr. WILLARD, of Verm.ont: The petiti~n of Sally E~erson, has been read and passed to a second reading. I move that the bill of Berlin, Vermont, for a pensiOn, to the Committee on Invalid Pen­ be taken up, so that it may be referred to the Committee on the Ju- sions. diciary to be considered and reported. . . Also, the petition of Moody Johnson, for a pension, to- the Com­ Tho motion was agreed to; and the bill (H. R. No. 3780) to relieve mittee on Invalid Pensions. the political disabilities of Rob~rt Tansill, of Prince William 9ounty, By Mr. --: The petition of Victor Jourdan, of ~ancock Virginia, was read the second time and referred to the Com.mltteeon County, Mississippi, for relief, to the Committee on War Cla.uns. the Judiciary.

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