1877. CONGRESSIONAL RECORD-SENATE. 471 ous departments for service for the fiscal year ending June 30, 1877; The bill (H. R. No. 2283) gra.nting pensions to cert:tin soldiers and and also a letter from the Secretary of the Treasury, transmitting a sailors of the Mexican, Florida, and Black Hawk wars, and certain statement of balances of appropriations required by law to be re-ap widows of deceased soldiers and sailors of tho same-to the Commit propriated· for the fiscal year ending June 30, 187 4, and prior years; tee on Pensions. which were referred to the Committee on Appropriations, and ordered The bill (H. R. No. 3567) to make the ports of Brownsville and Gal to be prin~ed. veston, Texas, ports to which unappraisedmerchandise may be trans LEAVE OF ARSENCE. ported-to the Committee on Commerce. Leave of absence was granted as foliows: The bill (H. R. No. 3775) fixing the compensation of United States To Mr. RoBBINS, of North Cn.rolina, for ten days on account of ill marshals and deputies-to the Committee on the Judiciary. ness; EXECUTIVE COM1\IUNICATIONS. To Mr. HURD arid Mr. VANCE, of Ohio, for Monday and Tuesday The PRESIDENT pro tempore laid before the Senate a letter from next; n.nd the Secretary of War, transmitting, in compliance with section 1665 of To Mr. FAULKNER, for ten days from and including the 8th instant. the Revised Statutes, a statement exhibiting the expenditures at the DEFECTIVE ENTRIES OF LAND. Springfield armory, and the arms, components of arms, and appen dages fabricated, altered, and repaired thereat during the fiscal year Mr. LAWRENCE, by unanimous consent, introduced a bill (H. R. ending June 30, 1876; which was ordered to lie on the table and be No. 4315) for the relief of the holders of defective entries of land; printed. which was read a first and second time, ordered to be printed, referred He also laid before the Senate a letter from the Secretary of War, to the Committee on t,he Judiciary, and also ordered to be published recommending to the Senate and Honse of Representatives the en in the RECORD, a.a follows: a-ctment of a law to provide for the better care and protection of A bill for the relief of the holders of defective entries of land. quartermaster stores, similar to that approved March 3, 1873, pro Be it enacted by th~ Senate and House of Representati1Jes of the United States of viding for the better care and protection of subsistence supplies ; .A11U'Tica in Oongress assembled, That in all cases where an entry has been, or may which was referred to the Committee on Military Affairs, and ordered bo, made by any person, other th:\n corporations, in good faith, at the proper local L'lnd office, of any tr:wt of L'Uld l'\wfully subject to entry, which may be informal, to be printed. iiTegnlar, defective, or voitl, and whenever such entry shall be canceled, the per· He also laid before the Senate a letter from the Secretary of the son or persons having made such entry, their heirs, devisees, or assigns, shall have Treasury, inviting the attention of Congress to the present condition the first and preferable right to make a lawful entry of, and procure a patent for, of the appropriation for temporary clerks for his Department, and to such lands, within one year after notice of such cancellation as herein required; but nothing herein ahnll divest any right heretofore acquired. the necessity of providing an additional appropriation therefor to Whenever any entry or patent shall be canceled, the Commissioner of the Gen complete the service for the current fiscal year; which wn.s referred eral Land Office shall give notice thereof by mail, if practicable, t.o the person claim to the Committee on Appropriations, and oruered to be printed. in'! the land under such entry, or if it be impracticable to a-scertain the name and He also laid before the Senate the annual report of the Public post-office address of such per80n, then notice shall be given by publication in such mnnner as said Commi88ioner ma.y deem proper. Printer, showing the condition of the public printing, binding, &c., The Comm.issioner of the General Ln.nd Office shall have power to prescribe all December, 1876; which was ordered to lie on the table and be printed. • proper rules :md regulations to carry this act into effect. PETITIONS AND MEMORIALS. Mr. LAWRENCE. This is a measure of very great importance and ehould receive prompt action. . Mr. SPENCER presented the remonstranc) of ,V, W. Corcoran and The motion. of Mr. HOL?tiAN that the Honse adjourn was then 50 other property and lease holders on Pennsylvania avenue; which ngreed to; and accordingly (at three o'clock and ten minutes p.m.) was read n.nd referred to the Committee on the District of Columbia, the House adjourned. a.a follows : To the Smate and House of Representati:ou: We, the underaigt;!ed property and lease holders on Pennsylvania. avenue be PETITIO:NS. tween Firat and Fifteen~ streets northwest, respectfully protest against having certificates issued which will be a lien UJ,>On our property, until Congress shall be The following petitions were presented at the Clerk's desk under satisfied that the pavement now being laid on Pennsylvania avenue is not a failure, the rule, and referred as stated: as present appearances indicate. We respectfully submit that the property-holders have already paid for a perish By Mr. ELLIS: Tht3 petition of Chn.rles H. Levy, of Louisia.na, for able pavement of wood, laid under a former act of Congress on this thoroughfarel the remova.l of his political disabilities, to the Committee on the Ju and that ina.crmnch as the commissioners admit in-their report to the President ot diciary. the United States (using the following language in reference thereto) that the kind By Mr. MILLER: The petition of citizens of Harpersfield, Dela of pavements they have selected are still experimental, and that they " depend for their qualit;y upon the proportions of the ingredients used, the amount of heat em ware County, New York: that the Geneml Government purchase and ployed in the preparation, and thorough work in laying. If too great heat be ap operate the telegmph lines of the country, to the Committee on the plied, the mixture loses ita cementing properties and the pavement becomPs a mass Post-Office n.nd Post-Roads. of loose powder. This cannot genei'ally be determined during either process of By Mr. MORGAN: The petition of W. K. Edwards, of Newton mixing or laying, but is soon developed by nse. When this happens, the defective portion is removed, and new material substituted therefor. A large percenta.,e:e nn County, Missouri, for compensation for property destroyed by the der each contract ha.s been condemned by the commission, and ha.s been, or will be, United States Army, to tho Committee on War Claims. relaid." By Mr. ROBERTS : The petition of Samuel Swope, of Carroll This being the case, and the fact that "a lar,e:e percentage" of the pavement County, Mary ln.nd, for compensation for supplies furnished the United which was laid during the fine weather of last fall and under the most favorable circumstances, after about two month
the decision of the Supreme Court April 24, 18i6, vesting the same in the United satisfy the conscience of the country. They feel assured that when Senators and States ; that prior to said decision many substantial improvements had been erected, Representatives of the United States are called uyon to exercise judicial powers numbering over one thousand and consisting of residences, hotels, store-houses, fraught with conseqo.ences so momentous they wil bring to the discharge of their bath-houses, private residences, gas-works, churches and public buildings. steam high functions a spirit of fairness and impartiality that will result in virtual una aml horse railroads, the aggre~ate value of which reaches a large sum Of money. nimity of judJ!ment. A result so rea-ched, whatever it may be, will nnqnestiona The capital represented by these improvements with few exceptions includes all bly command the willing acquiescence of the whole nation. the means your memorialists had at the date of said decision, which fact will not be questioned when it is further repreaented that nine-tenths of the settlers came Mr. SHERMAN. I move that the petition be referred to the select here with exhausted means and impaired health and are compelled to remain here committee to devise a mode for counting the electoral vote for PrQsi . for the use of tho hot water and baths. We would further represent that by virtue (lent and Vice-President. · of law and a decree of the Court of Claims a receiver bas taken possession of all the laud and improvements, and collects a large rental, not only for the nse of the land, The motion was agreed to. but for the bnildiugs and the water flowing from said springs. :Mr. SHERMAN presented a petition of citizens of Ohio, praying We beg to further represent that said receiver collects a monthly rental which for the enforcement of the provisions of the act of July 24, 18G6, to amounts in the aggregate to a large sum of money for the use of the private resi aid in the construction of telegraph lines aml to secure to the Gov dences, store· houses, and all buildings which were erected by and belong to the oc cupants of the same, that is t() say that the United States is collecting from your ernment the use of the same for postal, military, and other purpo es, memorialists a heavy rental for property the undersigned have accumulated by their and for cheaper telegraphic facilities, so as to secure cheap tele inilividuallabor aml industry and which belongs exclush·ely to them. graphic communication; which was referred to the Committee on ·we believe your honorable body will agree with your memorialists that such col· Post-Offices and Post-Roads. lections of rent are unjust; ineqmtable, and without precedent, and that all money so collected shouia be returned to those who paid it. Mr. CONKLING. I present the petition of B. 'f. Thurlow of New We would further represent that more than nine-tenths of the residents upon York, praying that additional interest may be paid to those whose this reserYation are very poor, aml owin):{ to the lar~e sums of mc11ey which there claims have been allowed under the Geneva award; a similar petition ceiYer has collected, and which has been consequently withdrawn from local circu· lation, business has become paralyzed, building and all improvements stopped, and from Richard B. Buck & Co., of New York; and a similar petition of labor without employment. It is therefore impossible for the greater part of the S. ,V, Casey, executor of the estate of Thomas Dunham, deceased. I residents here to pay t.heir monthly installments of rent. In view of the fact that move the reference of these three petitions to the Committee on the the material value of this property is the result of individual capital and labor, we Judiciary. · respt:ctfully ask t~t your honorable body will, at an early day of the present ses sion,. make such disposition of the same as in your wisdom ancl discretion may be The motion was agreed to. deemed equitable to the settlers and just to the Government and the whole people Mr. CONKLING presented additional papers relating to the peti of the United States. tion of Daniel Houlihan, late sergeant of Com~any F, Eighty-second The Senators and Members of Congress from the State of Arkansas ar() ur~ed New York Volunteers, praying to ue allowed a pension; which were an
Mr. WITHERS from the Committee on Pensions, to whom wa,s re Q. Who drew the check 1 A. My book-keeper always draws the checks. ferred the bill (H'. R. No. 3500) granting a pension to Nelson Ain~ie, Q. Who is your book-keeper 7 reported itwithoutamendment,andsubmittedareportthereon; wh1ch A. Mr. Hughes. was ordered to be printed. Q. What is his full name? · He also from the same committee, to whom was referred the bill A. George II. Hughes. Q. Who directed him to draw it 1 (H. R. N~. 2'242) granting a pension to George :McColly, reported it A. I did. without amendment, and submitted a report thereon; which was Q. For what purpose 1 · orderell to be printed. .A. To draw a. check for that amo~t to that order, and I told him- He also, from the same committee, to whom was referred the peti By the CHAmliAN: tion of An1y King, widow of James Ki~g, a sold~er of the war of 1812, Q. Who procured the check to be drawn f submitted a report thereon accoq1pamed by a btU (S.No.1118) grant .A. I do not tmderstand you. ing a pension to Amy King. Q. Who came and got the check to be drawn 1 At whose instance was it done f The bill was read and passed to the second reading, and the report .A. Atmine. Q. Was there no person who got you to do it 1 was ordered to be printed. .A. I rlo business for my customers all the time. BILLS INTRODUCED. Q. Who was the customer that got this done 1 .A. That is a thing that in onr ousiness we never divulge-the name of a cu~to Mr. EDMUNDS asked, and by unanimous consent obtained, leave mer. I shall havo to decline to answer, becaW!e our business is tho same .as ala w yer in that respect ; we cannot divulg-e the name of a customer. If we diu we shonld to introduce a bill (S. No. 1119) to extend the operation of the act of not have many customers. When I first went. into business as a boy, when a clerk, February Z7, 1~75, entit~ed ''An act to provid? for set:;lement~ with I was told t.ho first thin?: was never to take a check of any party and cash it withoo t certain railway compames" for one year; which was read twice by I 1.-new the parties : and tho next thing was never to divulge any business connected its title. with any of tho customers of the office. Mr. EDMUNDS. I wish to say that I pres~ntthis bill by request and By Mr. M.rrcHELL: have no knowledge, information, or belief as to whether it is right or Q. This check then waa not for your own use f not, but to give gentlemen interested an opportunity to b~ ~eard. I A. No, sir. move that the bill be referred to the Committee on the J udicmry a,nd Q. For the W!O of some other person, was it 1 A. It was. printen. Q. Who was that person 1 The motion was agreed to. A. Do you mean the per:>on that wanted me to draw it 1 Mr. PADDOCK (by request) asked, and by unanimous consent ob Q. Who wanted you to draw that check f?l' 68,000 in favor of Ladd & Bush, of tainetl, leave to introduce a bill (S. No. 1120) to modify the mode of Salem, Oregon, on the Bank of North Amertca1 · appeals from the Patent Office; which was read twice by its title, re .A. That I shall have to decline to answer. Mr. MITCHELL. Mr. Chairman, I insi.~t on an ans'wE\r. . ferred to the Committee on Patents, and ordered to be printed. The CRA.mMAN. I will state as my view of the law that it is not a privileged com 1\Ir. MORRILL asked, and by unanimous consent obtained, leave to. munication, but a matter that the witness is required to answer. introduce a bill (S. No. 1121) to abolish the board. of commissioners of Mr. KERNAN. That i'i my judgment. I would advise him to answer, both as a bw:ver and a member of the committee. I think be should answer as be wonld if ''the Metropolitan police district of the District of Columbia," and be were before a court in a pending proceeding. for other purposes; which was read twice by its title, referred to the The CHAIRMAN, (to the w1tness.) It is your duty under your oath, Mr. Rnnyon, Committee on the District of Columbia, and ordered to be printed. to answer the question. . · 1\fr. INGALLS (by request) asked, and by unanimous consent ob The WITXESS. I shall have to decline answering the question. Mr. JU;R..~A:.. Let me make a suggestion. If you were brought into a court of tained, leave to introduce a bill (S. No. 1122) to secure the rights of justice to show who the man was that came and got the check you would be com settlers upon certain railroad lands, and to re-peal the first five sec pelled to answer. I hope you will do so here. tions of an act entitled "An act granting lands to the State of ~ansas · The WITNESS. I do not see bow I can. In the first place, that check was re to aid in the construction of the Kansas and Neosho Valley Railroad, turned. Mr. MITCHELL. I object to any voluntary statement until thia question is an· and its extension to Red River,'' approved July 25, 1866; which was swered. read twice by its title, referred to the Committee on Public Lands, The. CllAIRMAN. The committee ask the question, who procured you to draw the and ordered to be printed. check Y Mr. KERNAN. Which mean!\ who came and ask6(l yon to do itf ELECTORAL VOTE OF OREGON-RECUSANT WIT~"'ESS. The CHAIRMAN. Yes, sir. Yon are advised by a.n the members of the committee Mr. MORTON. 1\fr. President, I am instructed by the Committee that it i~ your duty to answer that question. Once more we ask you who it was procured you to draw that check 1 on Privileges and Elections to submit a report; which I ask to have The Wrnmss. As I said before, I shall have to decline answering onder the cir read. cumstances. The PRESIDENT p1·o tempore. The report will be read. The Chief Clerk read as follows : By the CllAIIU{AN: Q. Was there money deposited or paid to you as a consideration for that check 1 The Committee on Privileges and Elections, who were instructed by resolution A. That check was returned. of tho Senate to inquire into the facta attenuing the casting of the electoral vote Q. Bnt at the time you gave it f of the State of Oregon, beg leave to report to the Senate: A. I was told t-o do that for a regular customer; that was all. .Afterward the That Enos Runyon was dnly summoned as a witness and appeared before said check waa returned. committee on Satnruay, the 6th instant; and, bein~ duly sworn, the following ques Q. I am not asking about the check being returned; yon need not st~te that; but tions were asked him, to which he made the following replies: when you state who procured you to draw the check we will go into the circum By Mr. MITcHELL: stances of tho returning of the check if it was returned. Are you in the habit of gi viug checks for money without your ?eingpaid for the check or the check being Question. Where do yon reside f secured by the deposit of collaterals or m some way i .Answer. .At Newark, New Jersey. A. Through the day do you mean I . Q. Where do yon do business f Q.. Yes. . L My office is on W!J'llst.reet, New York. A. Yes, sir. Q. What is your busmess f Q. I Mk you what was the consideration given to yon for drawingtb.at check 9 .A. Banker and broker. .A. At that time 1 Q. What is the name of your firm 9 Q. Yea, sir. A. Martin & Runyon. A. No consideration. Q. Who is your partner f Q. Was there any security given to you in any way 7 A. Aui!UStuS F. R. Martin. A. Yes, sir. Q. With what bank jn New York City do yon do your bnsine88 f Q. Do you mean to say that you drew that check by which yon wonld pay A.. The Bank of North .America. $8,000 to 'tadd & llnsh, without any consideration given to you for it I Q. Have you any business correspondent'! in Oregon f .A. I mean to say a.t the time thoro was none. We do bnsiness between ten and A. We have correspondent!! all over the country, in every part of the conn try. three, and a check is drawn an~ very often I do not ba':"e the collaterals or anything Q. You nnderstand what I mean, you have no regular business correspondenis else or the money returned until throo o'clock; sometunes after three. in Oregon, have yon ! Q. You drew the check and handed it over to some person, did you 1 A. We have a business correspondence, as far as that goes, in collections or any- A. N o sir. I did ~ot hand over tho check. The check was not handed over. thing of that kin1l, that we do with parties in Oregon ancl all over the country. Q. Diu1 any person roke it a:wayfrom the honso1 · · Q. Have yon any business transactions of your own with any person in Oregon? A. I was the one who took 1t away. A. I have not. Q. Where did yon take it 1 Q. Have you ever had f .A. I took it to Liberty street, to Mr. Dimon. A. I have not. Q. What is his first name T Q. State what yon know about a. draft having been drawn by your firm or any of .A. Charles, I think, is his name. its members, or nuder their direction, for the sum of fS,OOO, in favor of Ladd & Q. Did you band it to him 1 nosh, of ~alem, Oregon, on or about the 6th day of December last. .A. No sir; he was no~ in. A. In reference to a check, do yon mean J . Q. Did you bring the check away with you 7 Q. Check or draft. A. I did. A.. I know there was such a check drawn. Q. Did you afterward band it to anybody else! Q. State what it was. A. I think not. A. A certitiP.d check. Q., Did the check remain in your possession all the time 1 Q. State what that check was; in whose favor was it drawn; by whom was it .A. It did until I brought it back to the office and put it into the drawer. drawn; on whom it was drawn, and for what amonnt. Q. What became of itf .A. The check was drawn by Martin &Runyon on tbeBaukof NorthAmericn. A. It wa-2 redeposited in our bank. Q. In f:wor of whom 1 Q. To whose credit was it deposited in your bank f A. In favor of Ladd & Bush, of Salem, Oregon. .A. Martin & Runyan's. · , Q. For what amount 7 Q. Is the check there yet1 1 A. Eight thousand dollars. .A. I suppose it is charged up to our acconnt and returned with the checks; it is Q. What was tbe date of it! in our bank there. A. I think it was December 6. Q. You say you brought it back yourself! Q. For what purpose was that draft drawn f A. Yes, sir. A. I know not. Mr. KEnNA.~. To the o1&e, and then-it was deposited to their own cz:edit in the 474 CONGRESSIONAL -REOORD-SENATE~ JANUARY 8,
bank, as I understand; and then he says the bank returns the VOJ1Chers. Am I A. Yes, sir. right about that~ Q. Did he take that away with him f 'fhe WITIF.dS. It is returned with the returned vouchers of the bank. A. Yes, sir. Mr. KERXA~. It was not a check, however, for anybotly's benefit but their own, Q. Was the firm of Ladd & Bush mentioned in that check f as he Rt:l.tcs it now. A. No, sir. Q. (By the CHAinMAN.) Was the check taken to the Bank of North Amerieaf Q. Was this second check that you gave for the benefit of Ladd & Bush 9 A. It as taken ancl deposited with the re8t of our checks. A. I presume it must have been. I do not recollect exactly what it was. Q. In the Bank of North America i Q. Do you not know that it was! Was not that the understanding and talk be A. Yes, sir. tween yo'u, that it was for their benefit¥ Q. Was it taken there and deposited for the purpose of being sent to Oregon 9 A. That Mr. lJimon was their agent here ; that was all; and the check was for A. No, sir; it was not. • him. Q. For whatfurpose was it deposited in the Bank of North America 9 Q. Has that check been paid t A. Instead o destroying it we redeposited it in our bank. A. Yes, sir. Q. If the check was not to be used by anybody why was it not destroyed or can Q. When was it paid! oeloo i A. The check that he gave f A. If we should do that we could never keep any record of our checks in draw Q. Yes; the second one. ing our deposits. Sometimes we makea.ruistakein a check. If we make a mistake A. The next day, I presume. in drawing a check, it may be one letter wrong, instead of using th~ot check and Q. What was the amount of that check 9 havin~ it I!O out in the stn>-ets or payin~ it to anybody, we take that check and A. Eight thousand dollars. draw another one and deposit that check in our bank. Q. Was there anything said between you and Mr. Dimon as to what that check Q. But the point is this: If you draw a check which is not used by the person was for; what that $3,000 was for 9 for whom it is intended, why s11onld you not cancel the check instead of keeping A. He asked me what it was for, yes. it alive antl depositing it in a bank, it bemg your own check i Q. What did you tell him~ A. Am I allowed to explain this 1 A. I told him I llid not know. Q. I am asking yon the pai1:icular reason for that. Q. I ask you the question a.~in , if it was not said there between you and him, or A. In our business-and I suppose it is the same with every other broker in the so understood, that that check was ~iven for the benefit of Ladd & Bush; that you str·eet-we have our check-1 all numb.£~recl, stamped, and everything Then, of were juat changing the form of it and making it payable to him instead of to that course. a check we draw is a voucher; and in rase that check is not used that check firm 1 is pnt back into our bank deposit the same as if it wereJohn.fones's check or John A. I presu"'le it was; he was their agent. Smith's check. I ~enernlly indorse on the back, "For deposit for account Martin Q. Did yon see the person who procured you to draw the first check again that & Runyon," because there is nobody else to indorse it. day I Q. "Why is not the check canceled~ A. Y 011, sir. A. I was expl:tininO' to yon. The reason why it is not is that we could not keep Q. Did you state ever to him what had taken place between you and Mr. Dimon 1 our checks stra~ht. if we did that. Our checks are numbered. and when they are A. I be'ueve that I did. returned to us the banks cut them, and there would be trouble if there was a wrong Q. That check, you say, was paid the next day. Have yon been paid for that number. We nev~r destroy a. check that has been drawn in regular order. check 1 Q. What was the object of depositing this check in the Bank of North America A. Yes, sir. if it was not to be used. J Q. When were you paid for it 9 A. It was because the check was not used and there had to be some disposition A. On the 11th of December, I think it was. made of it, and as tbere was ·a charge there had t() be a creilit of it. Q. By whom were yon paid f Q. There was no charge of the check on any books but your own f A. By Mr. Dimon. A. That was all, on the check book. Q. When you saw the person who procured you to draw that check and stated to Q. If the check was not used it would have been sufficient simply to have de him what had taken place, was that satisfactory to him! at oyed the check and made an entry on your book which would have siiown that the A. Yes, sir. check was not used bot destroyed~ Q. Do you know of any other moneys or any other checks or d.rafts in favor of A. No. sir, we cannot do that; we never do that. Laild & Bush, in Ore1,ton Y Q. Is this check that you deposited in the Bank of North America to be used A. I do not. hereafter by anybody ¥ A. No sir, it is not to be used again, because the check is cut and canceled and By Mr. MITcmtLL: charged un on our books. Q. When this first check was drawn was there any person charged with the The Cu.UnMA...'J. I suppose, gentlemen, there is nothing to do but present this amount in your banking.house i witness to the Senate. A. No, sir. Mr. KERNAN. Of course I quite concur in that. But let me Cll!k one question. Q• There was no charge ma.de against any person t (To the witness.) Was this check disposed of as you in your regular course of A. Because it was returned. business dispose of any other that is never issued to any one J Q. But at the time it was issued yon did not know-whether it would be returned A. Y<'s. sir, nrecisely. or notf Q. (By Mr. KEn~.L'J.) If. for instance, I should go there and you should draw A. Nobody was charged with it. your check in my fa't'or and for any reason yon never give it to me, you send th'\t Q. There was nothing said in this check about Mr. Dimon, was there t His name to your bank to be deposited i was not mentioned in it all t A. We put it in with our checks. A. No, sir. Q. And it goes through and is both charged and credited to you f. Q. How did you come to g-o to Mr. Dimon I A. Yes, sir. A. That was my customer's in.strnctions. Q. This check then never did go out of your po88ession f Q. He wanted you to take that check and go and see. Mr. Dimon, did he I A. No, sir, never. . A. Yes, sir. Q. Nobody ever drew any money on this checkf Q. Did he go'with you t A. No. sir. A. No, sir. Q. It went back into your own account ag-ain. Instea.iof;our doing whaho b!\d Q. Did you go alone t a banker as Mr. KRIL.'JA..~ does when drawing a check an writing on the margin A. Yes, sir. "not used," as he does not keep regular books, and tearing it up, you send it to the bank so that all your numbers appear i By the CHAIRMAN~ A. Yes,sir. Q. Is your clerk, Mr. Hughes, presenthcret Q. They being numbered on the stubs and on the checks from one through f A. No, sir. A. Yes. I can probably make it plainer by just stating the habit of drawing our Q. Will he be here to-day f checks. A. I cannot Ray that he Will be to-day. He has a sick child, 80 that he cannot come on. In fact we cannot all leave. By the CHAIRMAN : Q. I do not care about that. You went up to the house where Mr. Dimon was. :By Mr. MITcHELL: :By the way, what house is that¥ Q. Who was finally charged with that money f A. It is A. E. & C. E. Tilton, I think. A. For the few days it was advanced f Q. Yon say Mr. Dimon was not in f Q. Yes. A. He was not in. A. I was charged with it. That is, I charged myself with it. Q. Did you see any other member of the firm f Q. It was not your trnnsllction i A. I saw Mr. Tilton, I think it was. That was said to be his n:une. A. I did not want to make a charge because it w:w~ settled so soon. · Q. Did you have any talk with him abont this check 7 Q. You bad the promise of it, had you, in three or four days f A. I asked him about it. A. Yes, sir. Q. What did he sa\" ahout it! Q. By this same person that ordered the originn.l check to be drawn 9 A. He said he co old not reply, for Mr. Dimon was not there. A. Yes, sir; that I would have the money back. Q. Have you seen Mr. Dimon since that time 7 Q. In what way were these $8,000 returned to yon; by draft or deposit f A. Yes, sir. A. By a check of Mr. Drmon to me. • Q. Did you have a talk with him about it I Q. A check by Mr. Dimon in your favor on what f A. Yes, sir. A. On the Samt Nicholas National Bank. Q. Di A. No; a strong republican. [Producing papers.] Here are the paper!'l. Q. What is your objeetion now to telling who your customer was who procured Q. Is this Lexhibiting) Ute paper you took from Dimon wh2n you gave him the you to send that money~ check~ A. For the reason, as I have stated, that I cannotdivulgs my customer's business. A. Yes, sir. Q. Do you undertake to say that there is such a rule generally prevailing among Q. I will read thi11: bankers that they refuse in courts to testify t "Receinlil, New York, 6thDeaJDber, 1876, llf Messre Martin & Runyon, 18,000, A. I think it is so. for account of Messrs. Ladd & Blll:!h, Salem, Oregon; which is advised this day by Q. Do you think that is a rule among bankers f ttlegram. A. I t.!Jink so. "CH.A.S. DIMON." Q. That they refuse to testify as to who has procured cbeeks or drafts of them 1 That you took from him as a voucher! A. I am not conversant enough with law to know whether it is 80 or not; but I A. Yes, sir. know bankers and brokers never give up their principals on things. Q. Le Mr. Dimon a cheek for $8,000 what bad yon to do with his t.ele A. Yes, sir. lmlm t Why honld he not pay you back the whole $8,000 ~ What right had he to deduct the cost of the t.elegram from the $8,000 ~f you 1 · By the CHAIRMAN: A. It is customary always to take out charges for anything of that kind. Q. You gave Mr. Dimon a check for $3,000 which was paid. According to this Q. But you had nothing to do with his t-elegram, had yon I Whether he tele be paid you back fi,797.25; that was what you got back f graphed or not was not your business f A. Y1-1s, sir. A. No. Q. That left you to pay the cost of the telegrams I Q. Why then should be deduct the cost of that telegram when he came to pay A. Yes, sir. you back the amount of your check¥ Q. Did that close np the transaction f A. It was taken on the same principle that exchange would be. A man mighi A. Yes, sir. take out so much for exchange and have a right to do 1t. He probably had a right Q. What interest had yon in paying the cost of the telegrams t to take off for exchange. A. No interest; no more than the tr&nsaction was through with. Q. I know, but that did not make you whole by f2.75. Why ehould yoa lose By Mr. MITcHELL: 12.751 Q. At the time of issuing this first check or draft, whatever it was, had yon is A. That was paid to me. sued any draft or check to this same customer on any parties in Oregon, orin favor Q. Did yon get $8,00() back f of any parties in Oregon f A. Yes. sir. A. No, sir. Q. Was part of it paid in mone'y 9 Q. Had yon any business connection or arrangement with him at all in regard tG A. Two dollars and seventy-five cents wM. matters in Oregon! Q. This is December 11. Did you get any interest on that fS,OOO t A. Not at all. A. No, sir. Q. Rtate the number and street of this customer. Q. Why did you get no interest on it 7 A. I cannot state it. I decline to do so. A. It was so short a time thAt it did not make only a day or two's difference. Q . Is that the ordinary method of doing business, to charge no interest' By the CHAIRMAN: A.. It is not the ordinary method; but when we have a little transaction like this Q. When were yon first subprenaed to come here 1 with our customers we never charge them interest. A. I forget the date of the telegram. Q. D1d you have any commission 1 Q. Do you know when Mr. Martin was snbprenaed f A . .No commission on this transaction. .A. I was expected to come on myself, and I telegraphed the next day that I Q. And no interest f would i but on account of the expected confinement of my wife I did not, however. A. No interest on it. Excuse me; I did receive interest in money. I overlooked I coni a not go away until I was forced to go last night. that. Q. Did you suggest to Mr. Martin the day before yesterday, or a day or two since, Q. How much interest did yon receive I that be should consult with anybody in regard to what course he should take about A. That I do not remember; a few dollars; that was aU. his testimony here! Q. Why would not that be stated in this paper if you got interest¥ He specifies A. I did not. the exact amount he paid you here f Q. Did you advise him to consnlt with Mr. Harrison 1 A. The interest was not from Mr. Dimon; I did not receive it from him. A. I do not remember that I did. Q. . From whom did yon receive the interest f Q. Did yon introduce him to Mr. Harrison 9 A .. I received it from my customer. A. Yes, sir. Q. Do you know how much the interest wast Q. Where did that take place 7 A. I cannot say exactly; but only a few dollars. I could figure it up for yon A. I think it was at Mr. Harrison's office. very quickly. Q. Where is Mr. Harrison's office 7 Q. When did you get the int~rest f A. Where I went was in the Security Life and Trust Company's building; I A. At f,he time t.he check was returned me, giving the amount in money. think 33 Pine street. Q. Did the customer return the check to you himself 7 Q. How far is that from your office f A. No, sir. A. Right back of my office. Q. Who did return it! Q. How did you and Mr. Martin come to be in Mr. Harrison's office togothet' t A. Mr. Dimon. . A. I did not know what to do about coming on here 80 I sugge.,ted the aid of Mr. Q. Was your customer Mr. Dimon I Harrison for consultation to know what I conld do about it, and as I showed him .A. No, sir. the telegram he said, "One of yon must go rightonont of respect to the committoo Q. When did you see your customer! of the Senate." I suggested the way I was fixed and be 8Uggested Mr. Martin's A. In the afternoon. comin~ on. Q. In the afternoon of the same day f Q. Did y(\n invite Mr. Martin to go with yon into Mr. Harrison's office 1 A. I am not certain, bnt I think it was. A. Yes, sir; and I went around with hint. Q. Was t,hat interest entered on the books of your bank I Q. Is Mr. Harrison a lawyer. A. It was entered in a little blotter, just as we enter receipts. A. Yes, sir. Q. Was the interest paid to you in your bank f Q. Did yon suggest the propriety to Mr. Martin of bringing Mr. Harrison here A. No, sir. with himt . Q. Where was the interest paid to yon t A. No, sir. A. It was paid at my customer's office to me. Q. Did you know that Mr. Harril!on was coming here t Q. I am speakin~r about the interest to yon for the use of your moneyt A. I did not until I had gone back to the office. . A. T)lat was paid at my customer's office. Q. How did you find it out then t Q When did your customer pay it to you I A. Mr. Martin told me he was going on on some business and would accompany Mr. KERNAN. He went to his customer's onice and got the interest there. him on. • The WITl'\ESS. Yes. Q. Did yon advise Mr. Martin that he should consult with Mr. Harrison as to his The CBAIRliAN. You went there and it was paid to you there! testimony here, or the course he should take here f . A. Yes, sir. A . No, sir. Q. (By tho chairman.) 'Y"on do not remember how mnoh itwasf Q. Is your memory clear on that point 7 . A. I do not. A. I think it is. I stated that anything he wanted to find out he could, as Mr. Q. Do yon know what that money was for ! Harrison was a lawyer. That was all I said. As far as advising, I uid not. A. No, sir. Q. Yon do notf By Mr. KERNAN: A. I do not. Q. Why did not you want to come on 1 What was the matter with your wife 7 Q. Have you any opQ.n.ion of what it was fort A. Confinement was expected. A. I have not. I know nothing about the transaction at alii in no way, shape, or Q. And that is the reason yon did not want to come on t manner. A1 yeg, siT. I &:x:peoted it &ve-ry day. 476 CONGRESSIONAL RECORD-SENATE. J.ANU.ARY 8, Dy Mr. MlTCHEr,L: declare the duty of a witness, a telegraphic operator and manager, Q. Did I understand you to say that you charged on your blotter to your cus- to testify as to the character of a message that pas~:~ed through his tomer this interest 1 office, the message itself having heen refused. A. No, sir; we enter there little things that como in n.nd go out. Q. Is your customer na.mod in that entry 1 Mr. HAMLIN. There is, then, a specification of the precise mes A. No, sir. sage about which the witness is to testifyf Q. Is it customary to do business in that way without naming p:llliies f Mr. MORTON. The general character of the dispatch, as near as A. We do it on the blotter. We keep a regular blotter instead of charging these we can come at it. thin~ on a ledger. · Q. Have you seen that customer since you have been subprenaed i Mr. HAMLIN. It is not a. drag-net to bring in all transactions A. Ye.s,sjr. over the whole world relating to every subject f Q. Whe.re1 Mr. MORTON. No, sir. \Ve describe the message, aml as nearly A. At his office. as we can the subject referred to, the transmission of money. Q. When~ A. I saw him yesterday. Mr. HAMLIN. ~ do not believe in, and I will not vote for any Q. Have you seen him since f proposition that seeks to bring the telegraphic company here with A. No, sir. all their telegrams, no allegation being made of any knowledge in Q. Where is henowf relation to them, for the purpose of hunting up evidence. I would, A. I suppose he is in his office. Q. Why did you ~o to see him yeste-rday f in the action of this body, as near as may be, follow the rules of the A. I went to see him to tell him I was coming on last niibt. conrts of law. I will vote for anything that will come within those · Q. What bad he to do with that f rule::~, and I will vote against everything that goes without them. A. De had not.hlng to do with it here. Q. Why was it necessary that you should see him to tell him you were coming on f Mr. DAWES. Mr. President, I was not able to be here on the last A. N otbing more than to say 't was _goint;. day's session of the Senate, a.nd am therefore lamentably ignorant of Q. Did you have any conversation with him as to your testimony here f the precise question which the resolution assert.s that it is the duty of A. No, sir. • this witness to answer, and I should like to inquire, either through Q. Diu ho make a request that you should not disclose the name of yow: cus- towerf the Clerk or t.he Senator from Indiana, the precise question that the A. No, sir. resolution says i.t is his duty to answer. Q. Who did make that suggestion f Mr. MORTON. I think it will be more satisfactory to Senators to A. That is my own. have the report read. By the CH.AIRMAN: :Mr. D.A. WES. I do not want to consume much time. Q. Ilad yon a conversation with anybody in reg:tro to the subpoona to attend here Mr. MORTON. It. is a short matter. The reading of the report betore this co·mmittee before you went into the office of Mr. Harrison 1 will show what the question is. · A. I consulted with my principal or cu~tomer. The PRESIDENT p1·o tentp01·e. The report will be read. Q. Did your customer or principal advise you to consult with Mr. Harrison f A. Well, he did indirectly. I did not know what to do in reference to the matter The Chief Clerk read the report, as follows: and he told me that I mi_gbt go llllil see Mr. Harrison ; he mi~ht be better post:;;d The Committee on Privileges and Elections, who were instructed by resolution than anybody else, and tell me how to proceed. The only hesitancy I had to come of the Senate to inquire into the facts attending the late presidential election in was because of my wife's condition. · the State of Oregon and concerning the casting of the electoral vote of that State, Q. Do you mean by " customer or principal" the man who bought the check of be_g leave to report to the Senate: you 1 That one William M. Turner was called as a witness by the said committee, and A. I mean the man who told me to give this check. after having been duly sworn, had the following questions propounded to him and And the said Runyon, being subsequently recalled on the same day, was further made the following answers thereto: interrogated and made answer as follows, viz: Question, (by the chairman.) Do you know whether Mr. Patrick had naked to have that canvass withheld until he could get there 1 By Mr. KEIL.~AN: • · Answer. I cannot answer that qu01;tion. Q. Do you know Colonel William T. Pelton personcill.y t Q. Have you any knowledge on that subject t A. I rlo not. .A. No, sir; nothing th..'lot could be made public. Q. Did he know anything about this matter before or after f - Q. ExpL'l.in what you mean by that. A. I do not know. A .. Our knowledae on politieal fl'lbjects and all .others, of course, has to be very Q. You do not know him at allY sacred. It would ~e a. violation vi the law of the State to divulge anything that A. I do not know him. I think I know the man by sight. p.'\Sses over the tele~phic wires, and also a violation of the rules of tbe company. Q. Did anything ever pass between him and you about this check or anything Q. I propose to asK the witness the question if he knows of any dispatch passing connected with th1s matter, or your coming. here t through that office, on the part of Mr. Patrick or any one else, asking that that can· A. Nothing of the kind. vass be deferred until he could get there. The committee are of the opinion that in the investigation of the facts attending A. I ask to be excused from answering that question. the casting of the electoral vote~ of tho State of Oregon on the 6th of December Q. You decline to answerY last it is important for the witness to answer the question who it was that procured A. I must decline. the firm of Martin & Runyon tO gi>e tht'.ir check to Charles Dimon for the sum of Q. Upon the ground before stated f fS,OOO, and to answer all questions touching that transaction. The committee A. Yes, sir. therefore submit to the Senate for adoption the following resolution: Q. That you cannot divulge anything passing on the wires I Resoloed; That t-he President of the Senate issue his warrant, directed to the A. I cannot do it. Serrreant·at-Arms of the Senate, commanding him forthwith to arrest and to bring Q. What do you 1."Dow, if anything, in regard to $8,000 being transferred from to the bar of the Senate the body of Enos Runyon, to show cause why he shoulu New York to Salem or to Portland at any time after the election in November and not be punished for contempt, and in the mean time to keep t.he said Runyon in his up to the time that the electors cast their votes 1 custody to await the further order of the Senate. The WITh'ESS. Transferred in what manner 7 The CHAIRM.L~. What do you know about money being sent from New York or Mr. MORTON. Mr. President, I ask to have the report printed, persons there being authorized to draw for $13,000 7 and give notice that I will call up the resolution. to-morrow morning . A. I do not know anything with regard to the transfer of any money that would be a public matter. We have a great deal of busine s of that kind _going through for action; and while I am on the floor I ask an order to print the the offices, and as a matter of course it only concerns those who are interested. testimony taken by the several subcommittees of the Committee on Q. Do you know of any dispatch being sent to Salem or to Portland from New Privileges and Elections as fast as it ma.y be received, the usual nUlll York authorizin.e;any person there to drawfor$8,0001 · ber of copies. A. I must decline to answer that. Q. Do :you know of any dispatch having been sent by Charles Dimon, or a man The PRESIDENT pro tempore. Is there objection to the proposed named Dimon, in New York, to Ladd & Bush, in Salem, in regard to eB,OOO or any (lrder to print testimony f The Chair tears none, and it is so ordered. sum of money f PRODUCTION OF TELEGRAPIDC DISPATCHES. A. I cannot answer. Q. Do you mean to say that you cannot answer or that you decline to answer I :Mr. MORTON. There was a vote taken on a resolution last Frida.y A. I decline. · which was lost for the want of a quorum. If there is no objection, Q. You decline to answer! . A. I decline to answer any question tou~hing anything that passes over the tel· as there is a quornm present, I should like to have that vote ta.ken egrn.ph wires. now. Q. Did you simply say that you decline to answer or do you mean to say that The PRESIDENT pro tempore. The morning hour bas expired and there was no such dispatch f the Chair will call up the unfinishe Mr. D.A.WES. It is hardly worth while, but I desire to put myself cred-and why because it-is sent over a wire instead of by a man it on record very much as the Senawr from Maine [Mr. HAMLrn] has; should be any more sacred I am not a.ble to see-it will be time enough and to the extent that the Senator from Maine has put himself on for us to obey snch a law; but when you pass such a law you will not the record I am willing to go. When a committee of this body is of have the administration of justice or security any more. If we go opinion that there is reason to believe that a particular telegram has on in the way certain people desire ns to st.art, a little while longer, passed over the wires and that it contains information material to the everything will be sacred and confidential, and yon cannot ask auy investigation with which the Senate has charged that committee, I body to say anything t.bat he knows if it is going to be au injury to thiuk that the telegraph company is bound to give it the information his particular case or his particular friends. We must remember that precisely as the Post-Office Department would be bound under the it is the right of everybody and the security of everybody that de same circumstances and with the same precaution to per~it the in pends upon getting at the truth if the truth bears upon public or vestigation of a letter in the Post-Office Department, but anything private interests, and no man has a right to set up his private confi beyond that, as at present advised, I should not feel willing to sanc dence or his private honor or his private anything when it stands tion. in the way of the countervailing considerations of security to the The idea of a general divulging of what has pasaed over the tele whole body of community or justice or security to other people, graph Wires is a thing which I would not by the vote I give to-day, when they a.re drawn into question. Thatistbeprinciplenpon which even by any implica.tion wha.tever, sanction. What the newspapers all civilized law has heretofore proceeded. have informed us has transpired of.late, a telegraph company selling So then, without wishing to offend anybody, I cannot help e.har the messages tha.t have been received in confidence by them from their acterizing this sort of talk that has been prevalent for a few years a.s customers to the paper-makers, andpaper-makers,reselling them and not only absurd but as fatal, if it were carried into efftlct, to the rights they being distributed around among favorite newspapers, is such an that these very persons who talk so loudly of private rights would outrage that, if it is in the power of this Congress by legislation to find it most necessary to protect if it was brought home to their own take away the franchise of any such telegraph company, I think it is doors. their duty to do it at once. But the telegraph being no more than the Now, as to the law of Oregon which has been cited, it bas not n. • mail, no more than any private individual who has possession of a thing to do with the case. If the statutes of Oregon absolutely forbade written communication which contains evidence bearing upon the the production of any telegram or the testimony of any telegraph guilt or innocence of an accused person or the materiality of a.ny in operator under any circumstances whatever, it would have no1hing vestigation over which a committee of this Senate has jmisdiction or whatever to do with the constitutional exercise by this Senate or by a court has jurisdiction to try, I think it is the duty of anY"Person hav ·the courts of the United States, or the House of Representatives or ing that information, whether it be in a letter or in a telegraphic mes any other national authority of their own functions which are not de sage or in any other form, to disclose it with those limitations. Be rived from the constitutions of the States. The citizen of Oregon, yond that I do not desire by the vote which I shall give for this reso the telegt·aph operator, is a citizen of the United States, and the su lution to be construed as sanctioning the practice which bas beenin preme law of the land to him is the Constitution and the laws of the atitnted and which has prevailed, I am sorr-y to say as much in my United States. If this proceeding, therefore is constitutional at all, own party as in any other, of invading the secrets of the private as nobody questions, then any prohibition of a particular State as to business and confidential communications of the whole community. what shall operate upon·it is absolu.tely inefficacious. That practice should cease if there is any power in Congress to pro The question being taken by yeas and nays, resulted-yeas 35, nays hibit it. 3"; a.s follows : Mr. MITCHELL. :M:r. President, I neither desire nor intend to YEAS-Messrs. Allison, Anthony, Bo~. Booth, Boutwell, Bruce, Cameron of argue this question; but ina,smuch a.s the witness giv'es as one reason Pennsyh·ania, Chaffee, Cockrell, Cragin, Davis~,pawes, Dennis, Dorsey, Edmunds., why he should not answer this question the fact that to answer it Ferry, Frelinghuysen, Gordon, Hamlin, lngaus, .Tohnston, Kell.v, Kernan, Mc Creery, Maxey, Mitchell, Morrill, Morton, Price, Randolph, Robertson, Shennan, would be in contravention of a statute of Oregon, I desire to call at Walla.'-", Wbyte, and Withers-35. tention to that statute for the purpose of showing that it has no a.p NAYS-Messrs. Barnnm, Burnside, and Eaton-3. plication whatever to the case. That statute only applies to a caae .ABSENT-Messrs. Alcorn, Bayard, Blain~. Cameron of Wisconsin, Cbristiancy, Clayton, Conkling:, Conover, Cooper, Goldthwaite, Hamilton, Harvey, Hitchcock, of willful divulgence on the part of the agents of the company. I Howe, Jones of Florida, Jones of Nevada, Key, Logan, McDonald, McMillan. Merti· ask the Secretary to read the statute which I send to the desk. mon, Norwood, Oglesby, Paddock, Patterson, Ransom, Sargent, Saulsbury, Sharon, The Chief Clerk reru:l ns follows : Spencer, Stevenson, Teller, Thurman, Wadleigh, West, Windom, and Wright-31. SEc. 8. If any officer, agent. operator, clerk, o:r employ6 of nny telegraph comp:l.ny, So the resolution was agreed to. or any other person, shall willfully divulge to any other person than the party from MESSAGE FROM THE HOUSE. whom the same was received, or to whom the same is adtlr~ssed, or his agent or attorney, any message received or sent, or intended to be sent, over any telegraph A mcl)sage from the House of Representatives, by Mr. GEORGE M. line, ot· the contents, substance, purport, effect, or meaning of such me ~ sage. or any ADAl\ts, its Clerk, announced that the House h~d passed th~ following part thereof, or shall willfully alter any such message by adding thereto or omit· ting therefrom, any word or words, figure or figures, so a.s to materially change the bills: sense, purport, or meaning of such message, to the injury of the person sending or A bi\l (S. No. 526) to amend section 1036 of the Revised Statutes desirin,!! to send the same, or to whom the same was directed, the person so offend rela.ting to the District of Columbia; in!! shall be deemed guilty of a misdemeanor, and shall ~punished by a fine not A bill (S. 678) for the relief of Ephraim P . .Abbott; and to exceed $1,000, or imptisonment not to exceed one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That when numerals or .A bill (S. No. 752) to authorize the recorder of the District of Co words of number occur in any message, the operator or clerk sending or receivin~ lumbia to appoint an assistant with certain powers. may express the same in words or figures, or in both words and figures, and sucn The message also announced that the House bad agreed to the fact shall not be deemed an alteration of the message, nor in any manner affect its amendment of the Senate to the bill (H. R. No. 4120) making appro genuineness, force, or validity. priations for the payment ef invalid and other pensions of the United Mr. BOGY. Mr. President, as this question is of very great impor States for the year ending June 30, 1R78. tance and is becoming more so every day, I desire to state that I con The message further announced that the Honse insisted upon its cur entirely with the views expressed by the Senawr from ])fassachu amendment to the bill (S. No. 614) to authorize the Secretary of the setts [Mr. DAWES] as to the law, and with that understanding I am Interior to deposit certain funds in the United States Treasury in lieu willing to vote for this resolution. I propose to vote against resolu of investment, agreed to the conference asked by the Senate on the tions makiug a general drag-net. .At the same time I am willing to disagreeing votes of the two Houses thereon, and bad appointed Mr. compel these"companies to divulge telegrams on the principles that FERNANDO WOOD of New York, Mr. PHILIP F. THOMAS of Maryland, apply in courts of justice. and Mr. HORATIO C. BURCHARD of Illinois managerS at the confer Mr. EDMUNDS. Mr. President, if there is any one subject on which ence on its part. there is more delusion and nonsense and humbug going than-upon this, The message further announced that the Honse had passed the fol I do not know it. The security of society, the secnrity of private lowing bills ; in which it requested the concurrence of the Senate: rights, liberty, property, peace, repntatiorr, depends, first, upon good .A bill (H. R. No. 2601) authorizing the Commissioner of Pensions laws, and, second, upon their being put in execution; for a law is t..o issue a land warrant to Thomas Hunter, a soldier of the war of nothing at all that is not carried into effect. You cannot put la.ws 1812, in lieu of one lost; into execution through the courts of justice or any other tribunal tha.t A bill (H. R. No. 3406) granting a pension to James B. Gillespie, is trying to get at the truth in a constitutional way without getting l:tte captain of Company I, One hundred and twentieth Regiment Illi at the truth through witnesses who are to testify ; and the idea that nois Infantry Volunteers; because something between tw<> men or fifty men is confidential when .A bill (H. R. No. 35GB) to provide for the settlement of tax-lien cer the necessity for that truth bears upon the rights of somebody else it tificates erroneously issued by the late authorities of the District of cannot be disclosed, is utterly absurd. You cannot carry on a gov Columbia; ernment of law and of peace and of private right on any such· notion .A hill (H. R. No. 3566) to authorize the board of trustees of the city at all, as it seems to me._ I do not wish to force my notions upon any of Cheyenne, Wyoming Territory, to enter and purchase for the use body else. of said city certain public lands; Now the statute of 1825, it is said, declares that it shall be penal to A bill (H. R. No. 3582) granting a pension to Cha.rles L. Rngg, late open any letter. Grant it, if you please. Whether it is a wise law first lieutenant of Company D, Sixth Indiana Cavalry; or not n, wise Ia.w, grant that it is the law. Then do not open that A bill (H. R. No. 3583) granting a pension to Frederick W. Stnit.h; letter. But when Congress sees fit to pass a law, or the States see A bill (H. R. No. 3584) granting a pension to William Abendroth; fit to pass laws as far as their operations go, that every communica .A bill (H. R. No. 3691) for the relief of B. B. Connor & Brother; tion that two burglars or two thieves or two murderers, as they fre· .A bill (H. R."No. 3776) fixing the fees of clerks of United States quently do, choose to send by telegraph shall also be regarded as sa- district and circuit courts ; 478 CONGRESSIONAL RECORD-SEN.L~TE. J .A.NU.ARY 8, A bill (H. R. No. 4041) to prevent depredations upon property in the Mr. INGALLS. The Senator from Iowa who is not in his seat this District of Columbia; morning [ ~ir. WmGHT] is detained, as I understand, from the Chamber A bill (H. R. No. 4155) amending the act of July 28, 1876, entitled by ill-health. The Senate will remember that last week he called up "An act for the relief of Kendrick & Avis, Kuner, Zisemantl aud Zott, the report from the Judiciary Committee in relation to the Central all of Saint Louis, Missouri, and Nachtrieb & Co., of Galion, Ohio;" Branch of the Union Pacific Railroad, which has been continued from A bill (H. R. No. 4168) to amend section 1 of the act of May 12, 1864, time to time as unfinished business; and while I am opposed to the for a graut of lands to the State of Iowa, to aid in the construction of bill and shall be glau to have it defeate izing the rt>pavement of Pennsylvania avenue," and the act amenda by the Senator from Iowa [Mr. WRIGHT] in his speech of the 4th tory thereof ; instant. He said: A bill (H. R. No. 4?.02) to amend the charter of the Mutual Fire In- Under no construction, as it seems t may delibera.te and judge, reject or admit. The writ of habea-s eorpus Senate, shall have independent power in counting the vote while the may be suspended. Congress mnst judge when "in cases of rebellion temporary official has a different hold upon the power. The former or invasion the public safety demands it." It may deliberate and mi~ht be a safe depositary of this power and a consistent interpre judge, suspend or refuse to suspend. tatwn might be made, but when we find that the language used also Upon this subject I cannot do better than to quote in extenso the clothes an official who is not independent with such power, the argu language of Hon. John Sergeant, one of Pennsylvania's most gifte'd ment against its existence is almost conclusive. juri~t , in the .Missouri case in 1 20. The words "all" aud "then" in this clause of the Constitution are · all I have said that it is deroga.t()ry to the authority of Congress and wholly incpn full of meaning. "Shall open the certificates aml the votes shall sistent with the tenor of its ideas and capacities to suppose that it is merely to then be counted." Quantity of certificates and time of counting are perform the humble ministerial office of opening the duor, upon demand, for the hero placed in order. After all are opened countin~ begins. It is not admission of a St. ~te. without any discretion whatever. No instance can be found to open the certificate from one State and dispose of It, the rest remain· where the Constitution has assi~necl to the legislative power the performance of such a duty. Thus construed it is not a power at all 'l'he cases that have been ing meanwhile in thecustodyof tbePresident. It isnot to open one ' put are in no respect analogous. The power of CongTess, upon the neath of the return from a. State and withhold another, but it is plain, direct, Presitlent and Vice-President, t() decl:1re what officer shall act as President of tbe unambiguous. Open all the certificates, lay them before the two United States is a very high power, involving in its exercise much discretion, a Houses, then the work of counting begins. This plain reading of the discretion commensurate with the va1i.ous and important trusts confided to the langnngemakes the President of the Senate the avenue of commu Chief Ma~strate. It can with no propriety be sairl to be ministerial, and its being deposited with nication between the electoral colleges and the tribnual that counts Congrt>ss is tho strongest proof of the confidence reposed in that body. The office of the vote. Wh~n his work is completed, the count.ing, ascertaining, counting the ballots upon tho election of President aml Vice-President, simple as and adjndica.tin,~r which by the Constitution are devolved upon tho it may seem, aml easy as in ordinary cases it is, is nevertheless an oftice of important trust, and including some judicial discretion, as well as a most serious responsibil two Houses, begins. . ity. I~ is a fit oftice to be execut.ed by the highest body in the nation. The power The precedents establish the fact that from the foundation of the of impeachment is not ministerial but a judicial power, a~d it belongs not to Con· Government the Seuate bas recognized the equality of the Honse and gre s, but to a sin:rle branch The same remark applies, with equal force, to the its right and power to aid in counting 'the vote. With but one ox right which each branch possesses of jud:ring of the election and returns of its membei'S; a judicial power, incident to evety body composed of elective delegates, caption, from 1789 to 1865, when the joint rule was adopted, the Sen and one of its inherent privile)!es. In all these cases, however, it rna~ not be amiss ate has originated a resolution inviting the Rouse to join in the ap to observe that the Constitution gives only the principal power. The incidental pointment of a joint committee to propose and report a mode of count- powers, such as sending for·persons and papers. enforcing the attendance of wit ina the vote and declaring the result. . nesses, and the like, are implied from tho principal grant. in every case but one they have acted concurrently in the appoint The fourth proposition, which is: "Thepowertoconntthe electoral ment of such committee, and acted under the report of such committee vote is in the two Houses of Congress acting concurrently as inde in counting the votes. In no instance since 179:3 bas the President pendent bodies," may be sustained by three classes of arguments: of the Senate counted the vote. This work has iuvariably been per those drawn from the structure of the Government, those dra.wn from formed by the tellers appointed by the two Houses and under their the words of the Constitution, and those dmwn from the precedents. direction. The two Houses are llest fitted to perform this duty, for they have The theory that they must both act is fully settled by practice. In local knowledge which becomes valuable for protection of the re every instance the Houses have separated to decide any questions turns from wrong and fraud. The duty to be performed is a high and arising in the joint meeting, and thus they fully recognize the equality important one. It is the recordina of the popular will. Without its and independence of the two Houses. performance the government woufd stop and anarchy 'ensue. 'l'o the The remaining propositions will be discussed incidentally in what Congress are given all of the great powers of the Government. It can I propose to say in regard to the finality of the action of the return make laws, declare war, tax the people, and mise armies and navies. ing board of Louisiana and the power to go behind its action either To the Vice-President, a.s President of the Senate, the Constitution for violation of constitutional law or for fraud and falsehood in its ilflnies a vot.A in the body over which be presides. Which· is the more retnrns. likely depositary of such a power T The votes to be counted are those 1'he Senator from Ohio [Mr. SllERMAN] in his speech of 7th De for President and Vice President. In tho event of a failnre to elect cember says : the former the Honse is given exclnsi ve power to choose. 0 n a failure The members of the returning board are just as much officers in the performance to elect the latter the Senate elects a Vice-President. Such extraor of a limited judicial duty as your Supreme Court is in a broader one, just aa much dinary powers given in a contingen~ which may a,rise demonstrates as a justice of the peace is. The judicial powers and duties of that tribunal must that the two bodies were together to ascertain the popular result, be respected by the tribunals of the United States. The Constitution of the United Smtes declares that the electors shall be elected according to the laws of the States. then. tu act separately if the necessity arose. · It is Louisiana that says bow her electors shall be elected; it is Texas that says how The two Houses are equal in power. (Article 1, section 1.) hers shall be elected; it is Ohio that savs how hers shall be elected. The United Congress determines the time of choosing tbe electors and the day States have no power to interfere with their laws. Their laws and their tribunals, on which they give their votes. (Article 2, section 1, clause 3.) their mode of returning antl contestin;:! have to be rep:arded. It is by their laws that this case must be decitled, and by the laws of Louisiana this returning board The Sen!lte and Honse are present when the votes are counted. is required t() pass upon these returns. It has done so, and I feel bound ns a man (Twelfth amendment.) Why are they present 7 In order that the who saw them do it, who witnessed their proceedings, to say that they did it in a House may, by its own supervision and count, determine the necessity, manner to demand and require of you the same respect for their decision as would if one exists, to elect the President; in order that the Sena' e may be given to the decisions of the Supreme Court of the United States. Their decis in like manner determine the necessity, if one exists, to elect the ion is :final, made so by the law of Louisiana and by the supreme law of the land. Vice-President. And again upon the 8th: Senators and :rpembers are there to protect the interests of their Their judgment is :final, and made so by the laws of Lonisinna and by the Con States and people and prevent false counting or fraudulent action. stitution of the United States. Are they present for no purpose T Are they idle spectators, powerless to prevent a fraud on the people they represent 7 A power to count There can be no mistaking this language ; the broad doctrine is as the votes, which is the power to direct and control the count, is serted that the returning board of Louisiana is a judicial body, that given to some agency of the Federal Government. If it is given to its powers and duties as such mnst be respected by us, and that its the President of the Senate, why is not the language " shall open all decrees are final and conclusive. To clothe it in other words, it is the certificates and count the votes!" This would be simple and di that the returning board of Louisiana is a court, that within the rect as well as conclusive. But the language used gives him power sphere of its jurisdiction it is to be respecte(l as a court, and that its to open certificates and goes no further. The power expressed ex judgments and decrees are binding upon all the world. Before we cludes the granting of the other. He is not even made the presiding admit the truth of this doctrine and accept the consequences that officer of the two Houses when they meet. The Senate is there with flow therefrom, it will be wise ·to learn whence comes the power to its presiding officer as a Senate. The House is there with its presid transform a board of election officers into a tribunal that is superior ing officer as a House. These officials are there under this clause of as well to the judicial, legislative, and executive officials of its own the Constitution with equal power, except that the President of the State as to the universal theory of American election law. Senate bas the custody of and is to open the certificates. A presiding What then is t.bis tribunal, so potent, so sacred, so conclusive? It officer for the joint meeting can only be provided by the agreement is created by the Louisiana statute of 1872, in these words: of the two Houses in advance. That five persons, to be elected by the senate from all political parties, shall be If a President pro tempore of the Senate can " count the vote," does the returning officers for all elections in the State, a majority of whom shall cc;m stitute a quorum and have power to make the returns of all elections. In case of he then exercise his own power or that of the Senate T If the former, any vacancy by death, resignation, or otherwise, by either of the board, then the an official whom the Senate can at any time displace is in this mat vacancy shall be tilled by the residue of the board of returning officers. ter greater than the body that creates him. It follows that if a Pres ident pro tempore who will not obey the Senate be in the chair the A board gifted with eternal life, and each of its members an official Senate can remove him and give his place to one who will obey its during the term of his natural existence I There is neither limit to commands. He thus exercises his own power un~ertbe threat of the their official terms nor responsibility to the people. · Senate. Such an independent official would be an absurdity. If it The powers of this board are found in sections 2 and 3 of the same be the power of the Senate which the President pro tempore exercises statute, as follows: in counting the vote then it is the Senate that counts the vote and its SEC. 2. Within ten days after the closin~ of the election, said returning officers co-equal body is excluded from participation. No words give such shall meet in New Orleans to canvass anu compile the statements of votes made by the commissioners of election, and make returns of the election tQ the secretary power to the Senate nor can it be implied from the language used. of state. They shall continue in session until such returns have been complied. Both Houses are present and both or neither direct the count. It is The presiding officer sh!lll at such meeting open, in the presence of the said return. a strange result too, if the Vice-President, e.:x: ojficio President.. of the iDg officers, the statements of the commissionel'8 of election, and the said return· 1877. CONGRESSIONAL REOORD-SEN·ATE. 48f ing officers shall, from said statements, canvass and compile the returns of the find Judge H. J. Campbell, of the fourth district court, New Orleans, ele.r-tion in duplicate; one copy of such Feturns they shall file in the office of the in his letter to Mr. GARFIELD, speaks of it thus : ~.:r.rctary of state, aml of one copy they shall make public proclamation by print iii g. in the official journal and such other newspapers as they may deem proper, de It will be seen that these.fi ve returning officers are neither a canvn.ssing bo:'l.rd nor claring the names of all persons and officers voted for, the number of yotes for a returning board; and therefore there is no analogy between their powers and each person, and the names of the persons who have been du1y and la.wfu1ly elected. functions and those of canvassing boards of other States. These five officers are The returns of the elections thus made and promu1gated shall be prima fa~ evi the returnmg officers of the State for all elecMons. There are no returns, and can dence in all courta of justice and before all civil officers, until set aside after a be none, of any election but the returns which these officers make. In the eye of contest according to law, of the right of any person named therein to hold and ex the law they are present at each poll. * * " It is the returns of these five officers, ercise the office to which he shall by such return be declared elected. and these a1oue, which, under the law, constitute the prima facie evidence of the SEC. 3. That in such canvass and compilation the returning officers shall observe result of the election. Their power to mquire into and determine the results of the following order: They shall compile first the statements from all polls or vot violence and·intimidation where alleged is not the power of countmg out or count ing-places at which ther" shall have been a fair, free, and peaceable registration ing in votes, but the power to decide whether alleged votes are votes or not; it is ancl election. Whenever, from any poll or voting-place, there shall be received the the power to examine into cases where an election has already been nullified by acts statement of any supervisor of t•egislration or commt".ssioner of election in form as re of viOlence, and so forth, and if the nullHy is proved according to law, to ascertain quii·cd by section 26 of tlJ,is act, on affidavit of three or more citizens, of any 1iot, -and declare that nullitv. tumult, acts of viole:nce, intimidation, armed disturbance, bribery, or corrupt in The Senator from Ohio [Mr. SHERl:lL~] and those who. tmite with fluences, ~ch prevented, or tended to prevent, a fair, free, and peaceable vote of all qualified electors entitled. to vote at .such poll or voiing-place, such returninfia him, in their report in the same document, page 5, speak of it in this )fficers shall not canvass, count, or compile 1!be statements of >otes from such po language: . or voting-place until the statements from all oth~r polls or voting-places shall have Not only is the action of this board independent of the St.ate or national laws, been canvassed and·compiled. The returning officers shall then proceed w investi other than those of Louisiana, but its determination of the votes cast and candi gate the statements of not., tumult, acts of violence, intimidation, armed disturb dates elected is final and substantially conclusive, as appears from a decision of the ance, bribery, or corrupt influences at any such poll Ol' voting-place; and ij from the supreme court of that State, reported in the twenty-fifth volume of the Louisiana evidenre o.f b"UCh statement they shall ue convinced that such riot., tumult~ acts of .Annual Reports, where the court, at page 268, say: "No statute conferring upon violence. intimidation, armed disturbance, bribery, or COITUpt influences did not the courts the power to try cases of contested elections or title to office anthol'lZes materially interfere with the pmity anti freedom of the election at such poll or vot them to revise the action of the returning board. If we were to assume that pre ing-place, or I cannot agree either that the Louisiana returning board is a court, quences so momentous to the Americar:. people. Such a tribunal is no that its decrees are conclusive, or its judgments final, but I do believe court. It is a judicial monstros-ity. It can _give no lawful hearing. and affirm that its assumed jurisdiction and authority are contrary to Its decrees are not binding. Its judgments are not final. Its con the theory of our inst.itutions, anti-American in principle, and t.hat t.hey struction and powers violate every conception of a conrt as a place violate the plain letter of the Federal Constitution. In no other State where justice is judicially administered which we entertain as a in the Union are the acts and doings of a returning board held to be people. It grasps our rights and destroys them without a hearing. of absolute verity and conclusive of their correctness. In every other This law aml its creature, the returning board, so far from being in organization of tlle kind in the country their duties are held to be accord with the Constitution of the United States, so far from re ruinjsterial, or, if quasi-judicial functions are vested in them, the right quiring" from us· the same respect for their decisions as would be to a review of their adjudications_is reserved to the courts of law given to the decisions of the Supreme Court of the Unitea States," through a contest, or to some other body vested by law with the power are at flagrant war with the Constitution, and they only demand from and tl1e means to pass judicially upon the questions involved. Return us the seal of our condemnation. They are not only destructive of ing officers are mere registers of the popular will expressed under the the theory, but they violate the plain letter of the Federal Constitu forms and sanctions of law. If they be constituted also a tribunal tion. Whatever may have been the rule before the adoption of the of the last resort both as to facts audlaw, they are vested with power fourteenth amendment as to the security and guarantee by the Federal to nullify that will at their pleasure. From being its mere conduits Government in the States of those great rights and privileges which they become its judges· and its tyrants. From being the means of its belong to the individual-those which are fundamental in character faithful expression they may become the irresponsible agents of false- and accompany a citizen of the United States wherever he may go hoocl and wrong. , there can be no doubt that since its adoption the States are prohib Dare we trust the ballot to the tender mercies of a returning board ut ited from either destroying, abridging, or depriving the citilens thereof. terly uncontrolled by the judiciary T Is there safety anywhere if it be The words are: not found in this sn pervisory power T What will become of the sense No State shall make or enforce any law which shall abridge the privileges orim· of security that all feel when our bloodless revolutions have passed munities of citizens of the United States; nor shall any State deprive any person that the return is the truth, or the law, wielded by faithful judges, of life, liberty, or property, without due process of law. will be invoked by those interested to make it truth T Is this not Passing by the question arising under the first clanse as to what the very anchor of the election system T Can we dispense with itT are" privileges and immunities of citizens of the United States," we Will not the result which the action of this returning board fastens come to the considerat-ion of the second clause. What is property, on the country be the entering wedge to our destruction-the lep within the meaning of this clause T Let us take up the authorities rosy that will infect and'taint the whole body f Such an innovation and examine them : as tllis, with such results as hinge upon its action, will speedily dem The trut-h. however, is, that a.U incorporeal hereditament.s, whether they be immn· onstrate that returning boards, with absolute powers over both law nities, dignities, offices, or franchises, or other rights, are decmeu valuable in law. and fact, and the ballot, cannot exist together in a free state. Tho owners have a legal e tate and property in them and legal remedies to support and recover them.-Darlmottth Golle,qev11. Woodwat·d, 4 Wheaton. Upon the faith of the people, upon their implicit and unhesitating The theory upon which our political in titutious re tis that all men have cer confidence in the popular vote as the truthful representative of the tain inalienaule 1 ights; tl1at amon,.g these are life, liberty, and the pursuit of hap. popular will, depends the lifo of our institutions. The theory of our pincss; and that in t.be pursuits or happiness all avocations, all honors, allpo~titions government and the noiseless working of its complex machinery are alike open to everv one, and th:1t in the protection of these rights all are equal both depend upon the faith we have in this great leading thought. before thelaw.-Oummings vs. Missottri, 4 Wallace. Take from the forms of expression of the popular vote the safeguard Tllat this clause of the Constitution g-uarantees protection to this and protection of judicial scrutiny, and faith will have departed with form ofpropert.y is conceded by the Chief-Justice in Kennard t·s. Louisi t.hem. Political and judicial duties fit but ill upon the. same person. ana, 2 Otto, 481: The return and the certificate flow from the rapid and superficial count "Due process of law," as herein used, imports the same meaning as "t11elaw ot of the returning officer. The tests of their truth and of their effect the land" in Magna Charta. It means "the law of the particulat· case in a fair belong to the slower, cooler, and mor~ cautious methods of the law. and open trial." •· This provision and those as to the administration of justice re- · The former is prima facie; the latter, when completed, is conclusive. quire that all claims for justice between man and man shall be tried, decided, and enforced by tho jullicial authority of the Stat~ and by due courso of law. The de The former accepts for truth that which seems to be trnth; the latter sign of the Constitution is to exclude arbitrary power from every branch of the receives complaints, bears testimony, deliberates, and judges. The Government, and there woultl be no ~xclusion of it if tho re cripts or decrees of doctrine of the conclnsi ,.e effect of the judgment of a court finils its the Legislature were allowed to take the form of a statute. It does not mean merely an act of the Legishture, for that wouhl abrogate all re triction on lerrislativ'e reason and its origin in the fact that the party must be heard before power." It is" not the arbitrar.v edict of any body of men; not an aot of Assembly he is condemned. This protection has been the property of our race thourrh it may have all the outward form of a law, but that proce s by which what since Magna Ch~rta. To condemn without bearing is tyranny. one a"tieges t.o bo his is adjudged not to be his. If this be not so evt~ry restriction Nor can it be argued that under this statute those who are judged upon legislative authority would be a vain formula of words, without life or forco." Itordinilrily implies and inoludes a. complainant, a defentlant, and a judrre, regular are given a hearing. Here are none of the vital essentials -to allegations, opportunity to answer, and a. trial according to some settled' course of such a tribuna.! as those enumerated by Chief-Justice Waite in the judicial proceeding. I cannot pHrsuade myself tha.t a judl!e of elections or a board most recent case. Does it anywhere appear "that ample provision of election officers constituted underState laws is such a tribunal, (per Strong, J., in has been made for the trial of the contestation before a court of com 53 Pellllsylvania Reports, 117.) By" the law of the land" is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry and petent jurisdiction; for bringing the party against whom the pro- renders judgment only after trial. "Due process of law" as defined by the Chief. - ceeding is had before the comt and notifying him of the case be is Justice in Kellllard vs. Louisiana is" the due course of legal proceedings according 1·equired to meet; for giving him an opportunity to be heard in his to those rules and forms which have been established for the protection of private defence; for the deliberation and judgment of the court; for an ap rights." peal from this judgment to the highest court of the State, and for We search in vain t.hrough the statute that gives life and power to hearing and judgment there f Where are these 'guarantees of judicial the returning board of Louisiana for the qualities that all of these fairness in this case ' authorities as well as common right make vital to its validity. It is The board itself is unfitted by the very character of its composition not a judicial tribunal nor a place where justice can be judicially ad to give an impartial hearing or a just judgment. The end the law ministered. Its decrees affecting the right of property, of liberty, or ~eeks to attain may be a just and proper one, but in seeking it great of life are void. Its assumed authority to pass judicially upon the fundamental rights are destroyed. right of any candidate for office is baseless. Much more is it impo No freeman shall be ta.ken or imprisoned, or disseized of his freP.hold or liberties tent when its void decrees are hurled at an official whose place aftects or free customs, or be outlawed or exiled, or any otherwise destroyed; nor will we the machinery of th·o Federal Government. A candidate for elector pass upon him or condemn him but by lawful judgment of his peers or by the law of the United States is by the plain terms of the Constitution entitled of the land. to be judicially heard, to have his day in court, to have process for These rights are as broad as our country. They go with our race his Witnesses, to be judged according to "due process of law," before into every clime. Their infringement in Louisiana is no more possi his office is given to another. Here is none of these. The State of ble than in New York. Freemen cannot be disseized of their liberties, Louisiana through her_statutes and by her courts seeks to deprive a nor condemned but by "the law of the land." "The law of the land" citizen of the United States of his property without due process of is not a statute of Louisiana repugnant to the theory of law every law. In this she comes in conflict not only with the u_niversallaw where. Citizens of the United States in every locality are affected controlling returning boards and with the right of every citizen of the by this statute now. Its execution affects u~ all. Vested by law with Republic, but also with the supreme law of the land. It results that conclusive power, this returning board-'' this court of the la~t re· her statutes give no vi~or to the action of the board they create, that sort"-sweeps out of existence ten thousand ballots and decides the their decrees are not bmdin~ nor their judgments final. presidential election. Neither the statute nor the board gives to an The argument resolves itself into this proposition: If a citizen of • elector of the United States chosen by a majority the right to contest Pennsylvania and of the United States removes to Louisiana, on com for his place. The laws of Louisiana utterly deny this right. No pliance with its laws he becomes a -voter and a. citizen thereof and formal petition or complaint, with a specific detail of the wrongs com may•be chosen an elector of the United States. As such, if, under mitted; no plaintiff, complainant, or accuser is permitted to tread the the provisions of this statute, he were deprived of enough votes to portals of this court; no answer un~er oath or in writing by defend reduce his majority to a minority, it would be an abridgment of his ant or accused is demanded ; no notice to those chosen by the majority privileges as a citizen of the United States, for his right to the office to appear anti answer; no compulsory process for the attendance of unless deprived thereof by due process of law-which this statute is "\Vitnesses; no power to punish for contempt; no right of appear as not-would be clear ; or it ma.y bo stated tllus: honors ancl offices to ~atter of fact; no exception for review of errors in law is given are.property. The right to own and hold property is an inalienahle !;:P ibis "court," whose decrees and edicts are fraught with conse- one. It belongs to every citizen of the United State . ITo cannot be 1877. CONGRESSIONAL RECORD-SENATE. • 483 deprived of his property save by" dne process of law." A citizen of tion of a State, to recognize and count a false and fraudulent return Pennsylvania going to Louisiana takes with him this right. Upon simply because it comes covered with the insignia thereof, I cannot . compliance with the laws of Louisiana be may become a voter and a assent. This matter concerns all sections of the Republic. It is our candidate for elector. If he obtains a majority of votes he is entitled right and our duty to protect our people from fraud and wrong, let it to the office unless deprived of it by due process of law. A contested come from whence it rnay. We eau and may and ought to administer election is that process. This statute denies this right, refuses a con the Federal Government in all matters affecting it, with purity. False, test, and judges without hearing. It is therefore in conflict with the hood and fraud affecting it ougLt to find neither protection nor toler Constitution and void. The citizen of Louisiana who is-a ·citizen of ance in any of its departments. the United States is in tpe same attitude aud has the same rights. In the adjudication of the weighty questions that now confront us If the office of elector for President of the United States finds its fraud spoils eve~ything it touches. The broad seal of the State is origin in the Federal Constitution, and did not exist without ih then crumbled into dust as against the great interests designed to be de the right to be chosen in accordance with its provisions is a "privi frauded. Every transaction in which it mingles, every return based lege and immunity" of a citizen of the United States, aml this, too, upon it, is defiled by its contagious touch. Why should it find shelter although .wo concede that the States have exclusive power in their in the highest representative tribunal of the Republic. This is the appointment. They could not appoint an alien, yet no prohibition last place on earth where it ought to find refuge. No rescripts of a State thereof appears in the text. If we concede, too, that " privileges Legislature, no decree of a returning board, no judgment of a State and immunities" within the meaning of the fourteenth amendment court can or ought to protect it here. 'Vhenever and wherever it is are " only those rights which arise out of the nature and essential detected, whenever and wherever the test of truth judicially applied cl.Jaracter of the National Government, the provisionfl of its Constitu drags it into light, its disguises vanish, its repulsive form stands ex tion, its laws, and its treaties," still the right of a candidate for elector posed, and its condemnation follows. to be protected witl.Jiu the States by the gua.r:.mtees of the Constitu That "the king can do no wrong" is a maxim of the English tion must exist in regard to such a case or tll.ey are valueless. If in law. Pym and Hampden, in bold assertion of the rights of their those things which pertain to the very e::dstence of the Federal Gov countrymen, held that this king was he who ruled according to law. ernment those privileges and immunities may be disregardbd by the The ideal king-the majesty of law-the crystallized thought of ages, States, then they mean nothing. One of these guarantees is "(lue based upon common right, common justice, and common sense, they process of law." The State of Louisiana has made and now attempts declared, was the real king, and the talent, intrepidity, and courage to eufurce a law which abridges this right and thus violates the plain of these tribunes of the people riveted their thought upon the minds terms of t-he clause "no State shall make or enforce any law which of Englishmen. The denial of this idea bas cost one English king sball abridge the privileges or· immunities of citizens of the United his head, another hls crown, and a third the fairest colonies he pos States." sessed. For more than two centuries it has been the vital essence of It is said that fra.nd and wrqug, riot, murder, and intimidation, ex English and American liberty: The state-the successor to the ist. in Louisiana and her law-making power must ue permitted to use king:-is not its organism, its seal, its terri tory, its legislature, or its extraordinary remedies to suppress these. We need not inquire how constitution; but it is its JJeople, their rights, t.heir privileges, their the machinery created by tl.Jese laws is used, nor whence proceed the immunities, and their happiness. The will of that people expressed iUs complained of. Arbitrary power is no corrective for these evils. through lawful and constitutional forms is the voice of the state, and Tbe remedy is worse than the disease. There is force and vigor enough forms and seals and pa.pers fa-de away before the right, the power, in the legal remedies which are sanctioned by the organic law when and the duty that exist here to learn what it is, to judicially deter they are administered and enforced uy authority that moves with the mine it, to o!Jey its commands, and to register it asfina1. diguit.y and power of the majority of the people to suppress every Mr. SHE~M.AN. Mr. President, I have been prepared for some wrong au try, that in Louisiana there were fraud, violence, murder, and wrong side was not presented here until the day before yesterday, if I re sufficient to justify this returning board in rejecting, and tro make it member-one month after ours was in print. Yet I did not hurry the their imperative duty to reject, the vote of that State. I do believe that matter and did not complain about it. 1\Iy friend from Missouri t.he if the w).10le body of that testimonytaken on both sides could be read other day brought in a little package of papers and set it out on his to an intelligent jury, North or South, 1here is not a jmy but what desk, which I supposed was the body of the testimony; but it seems would decide that an election thus tainted with force and violence there was a great mass of it. There was no objection to the printing should be rejected entirely; and, if the law of Louisiana was silent of all that was introduced. · abon t it, it would defeat the vote of Louisiana from playing any part In regard to the testimony of Major Bascom, that was taken on the in this election. But for the action of the returning board and but other side, a11ld I tried Yery hard to get it,_although I know some for the action of the people of Louisiana and the State of Louisiana thing of it. "The testimony of Lieutenant .Brooke, of Hayes, and of in providing a remedy for these wrongs, the whole vote of the State nearly all the officers in command in the disputed districts is fur of Louisiana ought to be rejected as a body on account of wrongsand nished by us. The testimony of Major Bascom is not. I should be fraud. If it we1·e not for the law which they themselves made which very glad to hav-e it, and when it is printed I may have occasion to provides a means of expurgating the fraud and the violence, the State refer to it. There is no contradiction in the testimony. of Louisiana ought not to be counted on either side. Under that .As to the allegation now made by the Senator that these depositions law, which has been observed in all its details by these returning of ours were disproved by testimony taken before tho committee of officeTIJ, upon evidence sworn to before them and now before us and our friend and colleague the Senator from Wisconsin, [Mr. HoWE.] he print-ed by us, they have acted as they considered it to be their duty is mistaken. That testimony is being printed now pre~ ty fully in the to act in expurgating from the body of the returns certain election Saint Louis Republican and I suppose in the democratic papers as well. polls where this fraud and violence prevailed so as to change the I have read it as it comes out. It substantially sustains the testimony result of the election; and; when the question comes up as to the· before the returning board. Indeed a letter could be produced here truth or right of their finding, it .seems to me that this can be ma.de which contains the statement of the chairman of the committee that plain to the Senate. I will let the matter go over until to-morrow, in the main, with some reasonable differences arising from the mode and I will look over the Senator's speech. I do not want to rush into of examination, &c., the testimony is the same on these leading points. this debate prematurely; but I do not wish facts to be assumed and Now, sir, yon will not see any substantial difference from the case inferences drawn unfounded, as I think, upon testimony known to me made before tlle returning board on which they acted and the testi personally. mony produced before our committee. Wllether there is or is not, the Mr. BOGY. I will suggest that the a:rgument which the Senator main question is whether upon the testimony before that returninoo from Ohio proposes to make to-morrow be postponed until the testi board they were justified in doing what they did. It is not whetbe~ mony which I had the honor to present to the Senate a few days ago new testimony has been gotten up since, manufactured, or created, l.Je printed. I think! shall be prepared to show, when the time comes, although I am willing to take it either on the testimony now taken that the testimony which was presented here coming from the Pres by both committees or the testimony before the returning board. The irlent was a partial statement, and thatama~ority of that testimony question is whether, on the testimony before the returning board, has since that time been flatly contradicted by testimony taken before there is reasonable grotmd for the charge that tlley were guilty of the congressional committees in. Louisiana. I think I shall be pre corruption and fraud in making their return. That is the charge. pared to show, when the time comes, that the most important testi Was there any reasonable ground in the testimony of intimidation, mony of the commanding officers there does not appear in the report violence, &c., to justify their notion under the law, as proven before made by the Senator from Ohio. Major Bascom was commanding officer that board 1 That is the question; and upon that question I am will in the llarish of East Fflliciana and he gave his testimony at length, ing to meet the Senator from Missouri; but until that question is de yet his testimony does not appear in that report. The testimony ta-ken bated, until we can have a right to present it to the Senate, I must by the persons who were- sent there by the President of the United insist that no man's judgment shall be precluded, that no man's opin States is a report of one side only. I presented a few days ago the ion shall be settled by ex pa1·te statements made by those who are testimony taken by the gentlemen who were sent there on the other probably not so familiar with the testimony as I am. Take the whole side of this political question, and that testimony I think will be when it comes presented by whoever will present it, and you will find printed in a few days. When it is printed I think I shall be prepared the simple fact that in a large portion of the State of Louisiana there to show that, although the election in Louisana was not as peaceful was a degree of terror, violence, fraud, and intimidation most painful and as orderly as it might have been, yet most of the disorders were to hear of, most terrible to have enacted in the presence of a presi forced upon that people, not by the democratic pa.rty, but by the re dential election, and fatal will it be. I might quote the langua~e of publican part.y, at the head of whom stood the governor of the State the petition which was read to you this morning, signecl by Mr. Pen himself; that he was the instigator of more than one-half of all the dleton and other distinguished citizens of Cincinnati; fatal will it be troubles that took place in Louisiana; and I think I shall be prepared to any administration to come int.o power and to take the presidential to show that most of the testimony which has been taken and pre chair with their garments stained with the blood of their fellow-citi sented here by the Senator from Ohio was taken without the sanction zens; and yet that will be precisely the case if it is by Louisiana. If of Jaw at all, in violation of law nine-tenths of it; affidavits made Lonitriana elects a democratic President his garments will be. stained in the custom-house at New Orleans by parties who since that time with the blood of innocent victims, and there can be no doubt about have come before the committees there and have stated under oath that. that tho affidavits purporting to be made by them were not mride by lh·. BOGY. Mr. President, this discussion was forced prematurely them and that they are false. If you will wait until both sides of by the speech made by the Senator from Ohio when he presented the this question can be presented to the Senate and the country, I shall testimony taken by one side in that State. He now states that those per with my feeble ability try to present the other side of that question, sons who acted with him took no testimony, and that the persons who and I hope that any discussion will be postponed until that time comes. were sent there by the democratic party took no testimony. That I shall feel it my duty when that testimony is printed and placed be may in some sense be correct, but it is not substantially so. Testi fore the country also to give my views upon the subject; but I hope mony was taken by one side a:Id by the other. Whether the Senator that all these discussions will be postponed until we have both sides from Ohio is on one side or not, there were two sides to the question, of the case and the entire testimony; and I think this will not be and he himself only report-ed here one side. ·which side did he re long. It was some days ago that I presented the testimony, and it port¥ He reported the testimony taken by the persons who were try must soon be printed. ing to sustain the action of the returning board, and he made a speech 1\fr. SHERMAN. I wish to make a correction of one statement of the at the time which I suppose forced the discussion before this body pro Senator in justice not only to the democratic committee but in jus maturely; forced me, before the testimony was presented to us, to tice to the republicans who were there as witnesses in Louisiana. reply to his speech sustaining the action of the board from beginning They took no testimony ; the democratic committee tc.ok no testi to end, giving it a character which I and others believe it was not mony. They disavowed that. They took none whateYer. Tiley entitled to, claiming for that board jurisdiction to try a question heard statements, as we did, of the witnesses on both sides; but I which in accordance with law it is not entitled to try, and fortifying feel bound for them to say that they took no testimony at all. · My it in every way. Thus be has made it necessary for us to reply to the friend from Missonri left before, I think, the taking of testimony speech made by him. He has forced that discu!:sion on us before we .commenced. I a.m not sure abont that, however. It is bnt due to are ready. . He has attempted to pbce before the country as a fact them, as well as to myself and others, to state that we took no testi that the election in Louisiana was one scene of. blood and murder mony whatev~r. The parties were represented, the electors OA one and intimidation. I shall be able t.o show that, although there was side and the other were represented by counsel, and they took testi much intimidation and a good deal of improper conduct in that elec mony; wetooknone. Thatoughttobekeptinmindallthetime. We tion, nevertheless nine-tenths of it has been mttnufactured since the were both there as spectators. I respected their opinions, respected election. I shall be prepared to show that which he has never yet tpeir judgment. I ha>e never said anything discourteous to them. denied, that all the testimony taken by the returning board was taken 'fhe alJegation that wo have presented an e:e-parte statement in one without aut.hority of law. Persons found in the gutters and purlieus RJmse is true. We tried, howev-er, to get all sides and bring them and infamous places of New Orleans were brought tbero as witnesses here. We tried every means we could to get the other side here, but to attack the votes of persons in distant parishes. I shall be prepared could pot do it. They llatl the same means of furnishing copies of to show that Mr. Kellogg and Mr. Packard themselves file(l affidavits their depositjons that we hatl, and they w~mld have been printed long there which can be proven to the whole world to be false from one ago; bJit, strange to say, although we returned here, I think, about end to the other. They state that as a fact in those aflhlavits which the 6th day of December and presented the testimony that we had, the world knows were never facts within their know ledge, and my the wllolA of it, hef6 to th,e Senate, yet' the t-estimony on the other friend from Ohio must know that to be so. 'Ve attempted to co-ope- 1877. CONGRESSIONAL RECORD-HOUSE. 485 rate with him in New Orleans. I was there myself. ·we wrote to formed that the testimony was not withiu..their control. When given those gentlemen a kind, courteous letter, asking that both delega to the returning board it was a part of the archives of the retnrnin~ tions should come together and see that thero was a fair, honest count board and they could not get it, and they have not been a.ble to get some by the returning board; but our approaches were repelled. Were of ittothisday, asi aminformed. Therefore, whetherclone at public turned a second time, and were thrown off again. expense or not, the republicn.n side of the question met with all the Now we are told by the gentleman that he made an effort to ob facilities, and by some hocus-pocus their testimony was found to bo tain the testimony taken on our side, denying at the same time that transcribed, which bocus-po:Jus did not apply to our side of the ques there are two sides to the question ; aml yet there was testimony tion. That is all. Where the money came from, whether my friend taken on our side, or taken on <;ho side of the people, in opposition to paid part of it or not I do not know, but I state the fact to be as I the perjured villains who were there before the returning board a-s have because I am informed that such is the fact; we could not get witnesses. We did not produce copies of the testimony then. Why 1 our testimony, while they got theirs. \Vhile the testimony on our side was being copied for the gentleman Mr. SHERMAN. One more remark. There was no pretense of this and his associates, as I understand at the public expense, and ready kind made by the gentlemen of whom we asked copies of the testi from day to day to be handed to them, ours was refused, and at our mony. They did not say anything of the kind; did not pretend that own expense, exceeding a thousand dollars, we were c.ompelled to they could not get copies of thn.t testimony. They could ha.ve got have that testimony copied, and were subjected all the time to delays them. The testimony was in their possession, under their control. and many hlnderances, while they met witll nothing of the kind; and When we a.sked for copies they did not say "We could not get copies the day t.hat be left New Orleans he was re::uly to carry with him his of the testimony; you havehad advantages which we ha.venothad." side of the testimony, when ours con]u not. be copied, and it took a No such remark as that was made in reply. They simply said, "We month to copy it, and some portions of it cannot be copied even to prefer to communicate that testimony to the public at large in a this day. We had to do it at rrivate expense. different way." Therefore the pretense that there was any advantage Now, sir, this debate is rather irregular. I repeat what I said a in copying testimony given to one side or the other is an entire mis while ago, it has been forced npon the country and forced upon the take. Both parties could copy the testimony, and we secured our Senate by the course pursued by the Senator from Ohio. The time copy through the interested parties, the governor-elect of the State has not yet come; we are not yet ready to do justice to the ~ubject. of Louisiana on the republican ticket and the counsel and a.gents of Let us have the testimony on both sides; and if it be true that the the republican electors. election in Louisiana was carried in the way state JOHN JACKSON. of Claims andallactsrelatingtbereto; which was readafirstandsecond Mr. TARBOX introduced a bill (H. R. No. 4318) to ::mthorize the. time, referred to the Committee on War Claims, and ordered to bo President to restore John Jackson to his former rank in the Army; printed. which was read a first and second time, referred to the Committee FREE CO~AGE OF SILVER DOLLARS. on Military Affairs, and ordered to be printed. Mr. BRIGHT introduced a bill (H. R. No. 4330) providing for the CO~~"ECTICUT L"'TERNAL IMPROVEMENTS. free coinage of silver dollars, aud for making the same a legal tender; which was read a first and second time. Mr. WARNER introduced a bill (H. R. No. 4319) making appropri Mr. BRIGHT. I move that bill be referred to tho Committee on ations for continuing the improvements of the h:LI'bor of Norwalk, Mines and Mining, and ordered to be printed. Connecticut; which was read a first and second time, referred to the Mr. O'BRIEN. I make the point of order on that reference of this Committee on Commerce, and ordered to be printed. bill, and I wish to call the attention of 1;he Speaker t·o Rule 148, which Mr. WARNER also introduced a bill (H. R. No. 4320) making ap I ask the Clerk to read. The point I make is that under the rnles propriations for continuing the improvements in the harbor of Bridge the bill, instead of being referi'ed to the Committee on Mines and port, Connecticut; which was read a first and second time, referred Mining, should be referred to the Committee on Coinage, Weights, to the Committee on Commerce, and ordered to be printed. and Mea~ures. GEORGE QUARREL. The Clerk read as follows : Mr. J. H. BAGLEY introduced a bill (H. R. No. 4321) gra.nting a 148. An additional standing committee shall be appointed at the commencement" pension to George Quarrel; which wa~ read a first and second time, of each Congress whose duties shall continue until the first session of the ensuing Congr~. to consist of seven members, to be entitled a " Committee on Coinage, referred to the Committee on Invalid Pensions, and ordered to be Weights, and Measures;" and to this committee shall be referred all bills, resom printed. · ticns, and communications to the House upon that subject.-.January 21, 1864; SURVEY A.."'D MAPPING OF THE DISTRICT OF COLUl\1Bll. March 2, 1867. Mr. LEAVENWORTH introduced a bill (H. R. No. 432'2) to provide .Mr. O'BRIEN. The point I make is that under the rules the bill for the surveying, laying out, and mapping of all that part of the must be referred to the Committee on Coinage, 'Veights, and Measures; District of Columbia lying north of the cities of Washington and. and, further, that it requires a suspension ~f the rules to refer it to Georgetown; which was read a first and second time, referred to the the Committee on Mines and .Mining. . Committee for the District of Columbia, and ordered to be printed. The SPEAKER. It is competent for the majority of the House to refer a bi.ll wherever they wish. · PAYMENT OF LEGAL-TE~"DER DEBT. l\Ir. O'BRIEN. Then I move the bill be referred to tho Committee Mr. CHITTENDE~ introduced a bill (H. R. No. 4323) for paying on Coinage, Weights, and Measures. the legal-tender debt, in harmony with justice and the repeatedly The SPEAKER. The Chair will recognize the .gentleman from pledged faith of the Government of the United States; which was Maryland for that purpose. read a first and second time, referred to the Committee of Ways and Mr. BRIGHT. I desire to make an inquiry- • Means, and ordered to be printed. The SPEAKER. Debate is not in order. Mr. CONGER. Let us know tho subject-matter of the bill. INSTITUTIONS FOR THE BLL'ffi. The SPEAKER. The bill will be read. Mr. STENGER introduced a bill (H. R. No. 4324) to aid the Colum The Clerk read the bill in extenso. bian Institution for the Blind, the American Printing House for the Mr. O'BRIEN. I ask now that Rule 153 be read, as it relates to the Blind, and the American University for the Blind; which was read a Committee on Mines and Mining. first and second time, referred to the Committee on Education and The Clerk read as follows: Labor, and ordered to be printed. 153. It shall be the duty of the Committee on Mines and Mining to consider all subjects relating to mines.and mining that may be referred to them, and to report JERRY ROBL,SON. their opinion thereon, together with such propositions relative thereto as may seom Mr. YEATES introduced a bill (H. R. No. 4325) granting a pension to them expedient.-December 19, 1865. to Jerry Robinson; which was read a first and second time, referred Tho SPEAKER. The Chair overrules the ppint of order, which to the Committee on Invalid Pens.ions, and ordered to be printed. seems to be made by the gentleman from Maryland that this bill RmWVAL OF OBSTRUCTIONS IN RED RIVER. should be referred to the Committee on Coinage, Weights, and Meas Mr. LEVY introduced a bill (H R. No. 432G) for the removal of ob ures, believing that it is competent for a majority of the House to structions in the Red River, in the States of Louisiana, Texas, and give whatever reference they ma.v deem necessary. Arkansas; which was read a first and second time, referred to the · Mr. KASSON Let me have a single word on this subject. CommiUee on Commerce, and ordered to be printed. Mr. O'BRIEN. Certainly. 11-fr. KASSON. The language of Rule 148 is so imperative I wish to FALLS OF THE RED RIVER. to call the attention of the Speaker to it-:-- Mr. LEVY also introduced a bill (H. R. No. 4327) for the improve Mr. BRIGHT. I clo not understand that this subject is open to de ment of the falls of Red River, at or near the city of Alexandria, in bate. the State of Louisiana; which was read a first and second time, re The SPEAKER. The Chair has ruled that debate upon the ques ferred to the Committee on Commerce, and ordered to be printed. tion of reference is not in order. CHARLES H. LEVY. Mr. KASSON. I desire to speak to the point of order. · The SPEAKER. The Chair will hear the gentleman on the point Mr. ELLIS introduced a bill (H. R. No. 4328) to remove the politi of order. · cal disabilities of Charles H. Lovy, of Louisiana; wuich was read a Mr. KASSON. The resolution originally appointing the Committee first and second time, referred to the Committee on the Judiciary, and on Coinage, Weights, and Measures is one which I bad the honor to ordered to be printed. introduce several Congresses ago, with the express object of securing AMENDMENT TO TilE RULES. a committee that should keep np the traditions of the House upon Mr. SOUTHARD introduced a resolntion to amend Honse rule ~o. the subject of coinage; not at all with so much reference to legal ten 22; which was referred to the Committee on Rules. der-quality, &c., as to the shape of the coin, the quantity of metal, the Mr. CONGER. Does that resolution properly come in under this quantity of n.Iloy, its relations to the coins of other countries, and all call Y those various subjects that are connected with any order of Congress The SPEAKER. It does; such has been the practice of the Honse. relating to the coined money of the United States. The lan~uage in Mr. CONGER. A simple resolution f which the resolution is drawn is imperative. Rule 148, providing for The SPEAKER. Resolutions proposing amendments to the rules the appointment of the Committee on Coinage, Weights, and 1\Ievs of the House according to the practice have been recognized during nres, says: the call for bills and joint resolutions in the morning hour on Monday. And to this committee shall be referred all bill~, resolutiona, and communica Amendments to the rules require one day's notice. tiona to the House upon that subject. As the question has been raised the Chair begs to call to the atten This bill expressly relates to the subject of the coinage of the sil tion of the gentleman from :Michigan a decision made on this very ver dollar. If it related to mines and mining, by opposing any reg point, February 1, 1875. It was then decided that resolutions to amend ulation or provision covering that subject, there would be presented the rules might be introduced and referred on the first call for bills and to the House the alternative of two committees that might have ju joint resolutions on Monday during the morning hour, thus constitut risdiction. No such alternatiye is presented here as between the Com ing notice according to the usage of the Honse. mitte on Mines and Mining and th~ Committee on Coinage, Weights, SOLDIERS AND SAILORS' REUNION, MAIUETTA, OffiO. and Meaanres. The alternative presented is the Committ.ee of Ways 1\fr. VAN VORHES introduced a joint resolution (H. R. No. 179) and Means; for the bill provides that the silver dollar shnll be a granting the use of artillery, blankets, &c., for the use of the national legal tender in payment of debts, &c., to be received by the United soldiers and sailors' reunion to be held at Marietta, Ohio; which States. I admit that the House of Representatives might, by:;~, sim was read a firRt and second time, referred to the Committee on :Uili ple majority, refer to either of the committees which had jurisdis tnry Affairs, and ordered to be printed. diction either of the subjects embraced in the bill. Buh when the language of the rule to which I refer is imperative, the bill in ono COMMISSIONERS OF CLAlliS. respect at least should be referred to the Committee on Coinage, Mr. MILLIKEN (by request) introduced a bill (H. ll. No. 4329) to Weights, and M•. asures. There is no thing in it relating to Mines and exteud for two years the act establishing the board of Commissioners Mining. 1877. CONGRESSIONAL RECORD-HOUSE. 487 My point is, therefore, that without suspending the rules by a two Joyce, Kelley, King, Knott. Lamar, Lane, Le Moyna, Lewis, Lord, Luttrell, Marl;:e:r, McCrary. McFarland, McMahon. Meade, Metcalfe, Money, Morrison, Nash, 1\ew, thirds vote we cannot get·rid of Rule 148 so as to refer t.be bill to the Payne, Phelps, Pratt, Purman, Rice, William !I. Robbins, Robinson, Miles Ross, Committee on Mines and Mining, altbouglt we might if the question Rusk, Sayler, Schumaker. Slemons, Spencer, Strait, Stephens, Stowell, Swann, were as to a reference to the Committee of 'Vays nnd Means. I de Thornburgh. Washington Townsend. Tucker. John L. Vance, Wa{ldell, Charles C. sire to preserve the jurisdiction of the Committee on Coina~e, B. Walker, Walling, Walsh, Ward, Warren, Watterson, G. Wiley Wells, Wheeler, "Weights, and Measures. It is a very important committee, and ought Whitehouae, Fernando Wood, and Wootlburn-92. to take charge of all matters relating to coinage, or else be relieved So the a.mendnlent was not agreed to. of all jurisdiction. · During the roll call Mr. SCALES sa.id: I desire to state that my The SPEAKER. The Chair, without expressing any opinion a~ to colleague, Mr. ROBBINS, is detained at his home in North Carolina the propriety of reference to one committee or another, recognizes by serious illness. that to the House in the past has always been left the control of tho The bill was then referred to the Committee on Mines and Mining, reference of a bill when such reference has been a matter of dispute. and ordered to be printed. Mr. FORT. I desire to inquire if it bas not been the universal cus NANCY BENSON. tom of this House to allow a gentleman to send his bill to whatever appropriate committee be desires' Mr. RIDDLE introduced a bill (H. R. No. 4331) for the relief of Nancy The SPEAKER. Nnt that the Chair knows of. Benson, of Sumner County, Tennessee.; which was read a first and Mr. FORT. I call the attention of the Chair to the fact that the second time, referred to the Committee on War Claims, and ordered ·Committee on Mines and Mining did consider a bill similar to this, did to be printed. report it to the House, and that tho House did act upon it. It occurs 11\IPROVEME....'I\T OF THE CUl\ffiERLAND RIVER. to me that the gentleman from Tennessee [Mr. BmGHT] ought not be Mr. RIDDLE also introduced a bill (H. R. No. 4332) to appropriato compelled to send hiM bill to a committee which be bas reason to know $50,000 for the improvement of the Cumberla,nd River from Nash is not kimlly disposed toward it. ville to the Kentucky line ; which was read a first and second time, The SPEAKER. Perhaps the reference of the bill to which the referred to the Commjttee on Commerce, and ordered to be printed. gentleman from Illinois alludes was not disputed. Mr. BRIGHT rose. NATIO:NAL-BANKL'\G ASSOCIATIONS. The SPEAKER. The Chair bas ruled that debate is not in order. Mr. RIDDLE also introduced a bill (H. R. No. 4333) provicling that Mr. BRIGHT. I do not propose to debate the question. I desire, from and after March 4, 11577, no national-banking assoeiation shall however, that I may have the ear of the Chair for a moment in rela be organized under the title of the sixty-second section of the Re tion to the construction of the two rules which are involved in the vised Statutes of the United States, or under section 3 of the act of controversy as to the reference of this bill. January 14, 1875, which provides for the resumption of specie pay The SPI!:AKER. Does the gentleman desire to make a point of ments on and after January 1, 1879; which was read a first and sec order Y ond time. Mr. BRIGHT. Yes, sir. Mr. HALE. I call for the reading of tho bill. The SPEAKER. The Chair will recognize the gentleman if he de The bill was read in full, referred to the Committee on Banking sires to make a point of order. He has not the power to recognize and Currency, and ordered to be printed. him otberwi. e. A • . I•'. BO~'NER. ·.Mr. BRIGHT. I wish to make a point of order as to the construc tion of these rules. I apprehend that the gentleman from Iowa [l\h. l[r. YOUNG introduced a bill (H. R. No. 4334) for .the relief of A. F. Bonner, administrator of the esta.te of Bonner, (deceased,) of KASSON] bas mistaken the contents of t.he bill. I maintain that it is M.A.. competent to refer it to either one of these committees; that either Shelby County, Tennessee; which was read a :first and second time, committee would have jurisdiction ; that it is a case of concurrent referred to the Committee on War Claims, and ordered to be printed. .iurisdiction; and that, being a case of concurrentjurisdiction, it would BARATOP.IE SIDP·CAl.~AL COMPANY. be entirely proper that it should be referred to either committee. Mr. YOUNG also introduced a bill (H. R. No. 4335) providing for That being so I suppose that it would be at the election of the mem the incorporation of the Baratorie Ship-Canal Company; which was ber introducing a bill, or if not at his election, at the election of the read a first and second time, referred to the Committee on Commerce, House, to give it such direction to such committee as would be most and ordered to be printed. friendly to the measure introduced. I have no idea, !Ir. Speaker: of F. R. Sl\IITH. introducing the bill and sending it to a slaughter-house where it has already been decided unfavorably upon. :Mr. YOUNG also introduced a bill (H. R. No. 4336) for the relief of The SPEAKER. That is in the nature of debate, and debate is not F. R. Smith; which was read a first and second time, referred to the in order. Committee on Invalid Pensions, and ordered to be printed. l\Ir. BRIGHT. I have said all I wish to say. J. JII. PROVTh'E. The SPEAKER. The qnr1 Mr. KEHR also introduced a bill (H. R. No. 4344) to amend section 1\fr. KASSON. It was answered in a.nother form. 714 of the Revised Statutes; which was read a first and second time, .Mr. SOUTHARD. There was some information given in answer referred to the Committee on the J ndiciary, and ordered to be printed. to a resolution of the Senate; which information was never printed, &EDEMPTIO:X OF LEGAL-TENDER NOTES. and therefore has never come into the possession of the Home. Mr. KEHR also introducecl a bill (H. R. No. 4345) to further pro 1\Ir. KASSON. I know that I received the information called for in another form. The Secretary to whom the resolution refers is not vide for the redemption of legal-tender United States notes, and for now in office. • other purposes; which was r~ad a first and second time, referred to the Committee on Banking and Currency, and ordered to be printed. Mr. HOAR. It is an attack on Secretary Bristow, without any op portunity for him to reply. WESTERN JUDICIAL DISTRICT OF MISSOURI. The SPEAKER. The question is oil suspending the rules and pa~s- )fr. BUCKNER introduced a bill (H. R. No. 4346) to amend section in(J' the resolution. 540 of the Revised Statutes, and to attach the county of Audrain to the Err. KASSON. On that I call for the yeas and nays. western district of Missouri; which was read a first and second time, The yeas and nays were ordered. l'eferred to the Committee on the Judiciary, and ordered to be printed. The question was taken; and there were-yeas 127, nays 68, not )' IMPR~VEl\IENT OF l\USSOURI RIVER. v~ting 9-t ; as follows: Mr. BUCKNER also introduced a bill (H. R. No. 4347) to appropri YEAS-Messrs. Abbott, Ainsworth, Atkins. Bagby, John H. Baaley,jr., Bannin"', Bland, 'Rlount, Boone, Bradford, Bright, Buckner, Cabell, John H. Caldwell, will ate money to improve the Missouri River between the city of Saint iam P. Caldwell, Campbell, Candler, Cason, Cate, Caulfield, John B. Clarke of Ken Charles and its mouth, and for other purposes; which was read a first tucky, John B. Clark,jr., of Missouri, Cl:'r'"IIler, Cochrane, Cook, Cowan, Culberson and second time, referred to the Committee on Commerce, and or Cutler, Davis, De~lt, Dibrell, Douglas, ~urham, Eden, Ellis, Felton, Finley, Fol ney, Fort, Franklin, Fuller, Gause, Goodin, Gunter, R{)bert llamilton, Hancock, dered to be printed. Hardenberuh, Hffi!lj' R. Harris, Harrison, Hartridge, Hartzell, Hatcher, Haymond REDEEMABLE PAPER CIRCULATION. Hereford, Abram S. Hewitt, Goldsmith W. Hewitt, Holmant llooker, Humphreys' Hunton, Knott, Lamar, Franklin Landers, George M. Lanoers, Le Moyna, Levy' Mr. BUCKNER also introduced a bill (H. R. No. 4348) to utilize L01·d, Luttrell, L:y~de, ~ish, Milliken Mills, Morgan, Mutchler, Neal, Odeil; the products of gold and silver, and to authorize a paper circulation Payne, John _F. Ph~ps, P1per, Poppl~ton, Potter, Powell, Rea, Reagan, John Reilly, at all times convertible into gold or silver; which was read a first James B. Rmlly, R1ddle, John Robbms, Roberts, Savage, Scales, Schleicher, Sheak ley, Singleton, Slemons, A. Herr Smith, William E. Smith, Southard, Sparks and second time, referred to the Committee on Mines and Mining, Springer, Stanton, Stenger, l;tevenson, Stone, Tarbox, Teese, Terry, Thompson' and ordered to be printed. Thomas, 'rhrockmorton, Tucker, Turney, Robert B. Vance, Gilbert C. Walker: COUNTING THE ELECTORAL VOTE. Warner, Erastus Well$, Whitthorne, Wike, Alphen.<> S. Williams, JamE>s Williams Jeremiah N. Williams, Willis, Benjamin Wilson, Fernando Wood, Woodwort~ Mr. BUCKNER also introduced a bill (H. R. No. 4349) to proTide for . Yeates, and Young-127. counting the electoral votes for President and Vice-President; which NAYS-Messrs. Adamll, George A. Bagley, John H. :Baker, Ballou~ Banks Brad was read a first and second time, referred to the special committee on ley, .William~· Brown, Horatio C. Burchard, Burleigh, Cannon, von~er,'Davy, Damson, Dobbms, Dunnell, Eames, Flye, Foster, Freeman, Frye Garfield Hale counting the electoral vote, and ordered to be printed. Haralson, Benjami~ W. Harris, Hendee, Henderson, Hoar, Hoge, Hubbell, rl:unter: ORDER OF BUSTh"'ESS. Hyman, Kasson, Kimball, Lapham, Lawrence, Lvnch, Magoon, MacDougall Mc Crary, McDill, Mi~ler, Mo~oe, ~orton, Oliver, O'Neill, ~ng~, William A. Pbihips, Mr. WILLIS. Has the morning hour expired f Phusted, Platt, Ramey, Sob1esk1Ross, Rusk, Sampson. Smruckson, Smalls Marlin The SPEAKER. It has. I. Townsend, Tuftll, Van Vorhes, Wait, Alexander S. Wallace, John W. ivallace White, Whitinf..,.' Willard, AndrewWilfums, Charles G. Williams, James Wilson' ELECTORAL VOTE. a.nd Alan Wooc, jr.-68. ' Mr. ·wiLLIS submitted the following resolution; which WllB read, NOT VOTING-MesSl's. Anderson, Ashe, William H. Baker, Bass, Beebe Bell Blackburn, Blair, Bliss, John Young :Brown, Samuel D. Burchard Carr Caswel~ considered, and adopted: Chapin, Chittenden, Co~, Cox., Crapo, Crouuse, Danford. Darra'IJJ Du'rand, E.!! Be it r68olved by the House of Repreaentativ68 in Oongrea.~ assembled, That the bert~ .Evans, Faulkner, G1bson, Glover, Goode Andrew H. Hamilton John T. Committee on the privileges, pq,wers, and duties of the House of Representatives HaiTis, llathorn, Hays, Henkle, Hilt, Hopkins, Hoskins, House, llurd,' lludbut, in counting the vote for President and Vice-President of the United States be, and Jenks, Frn~k Jones, Thomas L. Jones, Joyce, Kohr. Kelley, King, Lane. Lea>en said committee hereby are, instructed to ascertain whether any votes were given at wortb, Lams, Mackey, McFarla.nd, McMahon, Meade, Metcalfe, Money Morrison the recent election contrary to the prohibition contained in the first section of the Nash. New, O'Brien, Packer Phelps, Pierco, Pratt, Purman, Rice, Will~m M. Rob: second article of the Constitution, and what ought to be done with them; and bins, Robinson, Miles Ross, Sayler, Schumaker, Seelye, Spencer, Strait, StephenR whether any, and what, provision ought to be made for securing the faithful observ Stowell, Swann, Thornburgh, Washington Townsend, John L. Vance WaddeU: ance in the future of Sa.i.d section of the Constitution; and also to inquire into any W~ldron, Charles C. B. Walker, Walling, Walsh, Ward, Warren, Watterson, G. facts affecting the fairness or legality of any electoral vote certified to have been Wlle:v Wells, Wheeler, Whitehouse, Wigginton, William B. Williams, Wilshire, ca.st in said election; and that the committee, for the purpose of such ascertainment and Wooclburn-94. · o.nd inquiry, have power to send for persons and papers, and examine witnesses. So (two-thirds not voting in favor thereof) the rules were not DISTRICT POLICE COIDITSSIONERS. suspended. Mr. LE MOYNE submitted the following resolution; which was COM..'ION-SCHOOL EDUCATION. read, considered, and adopted: 1\Ir. LA. WRENCE. I ask consent to offer a resolution to which I R68ol"Ded, That a special committee of five be appointed to inquire immediately, think there will be no objection. It merely directs a committee to first, whether the members of the present or tho late board of police commissioners make an inquiry, which I think is perfectly proper. for the District of Colnmbi21, or either of them, ha'e been guilty of any improper The Clerk read as follows: conduct in their official positions pending any investigation before the said board; seconrl, whether any member of the sailr board bas used or attempted to use the Resolved, That the Committee on Education and Labor be and are instructed superintendent of polioe of the said District. or any member of the said police force, to ascertain whether in any one or more States an equal opportunity for common for corrupt or improper purposes connected with any investigation by Congress or school educa.tion, inclnding school privileges for equal time, is secnred to colored of either House thereof. or with the view of injuring or dis.!); racing any member and white children; and, if not, that said committee report such bill as may bo of an.v congressional committee or any citizen of the United States; third, whether proper to enforco tho Constitution in this respect. anv member of the said board has inlerfered with or attempted to interfere with the administration of the l!l.w in tho conrts of the District of Columbia, and whether Mr. KNOTT. I object. saul police organization has been used for any improper or corrupt purpose; and l\Ir. LA. W RENCE. I move, then, to suspend the rules and adopt the that said committee have full power to send for persons and papers and to employ resolution. such clerks as may be necessary, and that said committee shall report thereon. The question being taken on the motion to suspend the rules, DEFAULTL~G COLLECTORS OF ~TERN'AL REVENUE. The SPEAKER said: In the opinion of the Chair two-thirds have Mr. SOUTHARD. I move to so suspend the rules as that the not voted in the affirmative. 1\Ir. LA. WRENCE. I call for the yeas and nays. House shall adopt the preamble and resolution which I send to the The yeas and nays were ordered. Clerk'fl desk. The Clerk read as follows : The question was taken; and there were-yeas 119, nays 79, uot voting 91 ; a~ follows : . Whereas on the 13th day of March, 1876, the following resolution was passed by this House, to wit: YEAS-Messrs. Adams, Ainsworth, Bagby. George A. llagley, John H. Bagley "Resolved, That the Secretary of the Treasury be, and he is hereby, requested to jr., John H. Baker, Ballou, Banks, Bradley, William R. Brown, Buckner, lloracl~ state to this Hvuse the actual balance due from collectors of internal revenue who C. Burchard, Burleigh, Campbell, Cannon, Cason, Caswell, Cate, Chittenden, Cl.v are not now in office since the organization of that bureau; that the names of such mer, Cochrane, Conger, Cowan, Cutler, Dary, De Bolt, Denif!lon, Dobbins, Dunnell, defaulting collec.tors be given with tho amount due from each, and the total amount Ea~es, ~vans. Fly~ . Fort;, Foster, Freeman, l!'rye, Garfield, Goodin, Hale. Haralson, dne from all of those who are in default; that he also inform this House of the BeDJamm W. Harr1s, Hatcher, Hendee, Henderson, Abram S. Hewitt, Hoar, Houe, names of the default.ing collectors who have been Rued, with the date of the suit, Holman, Hoskins, Hubbell,llunror, Hyman, Kasson, Kehr, Kimball, Franklin Lan together with the dat~ of resignation of the defaulting collectors, and the name of ders, Lapham, Lawrence, Leavenworth, Le Moyna, Luttrell, Lynch, Magoon, Mac the President by whom and the time when appointed;" Dougall, McCrary, McDill, Miller, Monroe, Morgan, Nort{)n, Oliver, O'Neill, Packer And whereas the said Secretary of the Treasury has failed to answer said resolu Page, P!Lyne, William A. Phillips, Pierce, Plaisted, Platt, l'opp!eton, Potter, Pow: tion: Therefore, ell, Pratt, Rainey, Rea, John Reilly,James B. Reilly, Sobieski Ross, Rnsk, Sampson, Be it resolved, That the said Secretary of the Treasury be directed by this House Seelye, Sinnickson, Smalls, .A.. Herr Smith, Sprin~er, Stanton, Stevenson, Stowell, to make answer to said resolution. Thompson, Thornburgh, Martin I. Townsencl, Tufts, Van Vorhes, Robert B. Vance, Wait, Alexander S. \Valla.ce, Jolm W. Wallace, Erastus Well5!, White, Whiting, Mr. HOAR. Let that resolution be referred to a committee to as Willard, Andrew Williams, Alpbeus S. Willia.J'QS, Charles G. Williams, William certain the correctness of the allegations therein set forth. B. Williams, Wilshire, .James \Vilson, Alan Wood, jr., and Woodworth-119. The SPEAKER. The motion is to suspend the rules and pass the NAYS-Messrs. Ashe~,. Atkins, Bland, lllounti, Boone, Bradford-'"· Bright, .John Young Brown, Cabell, John H. Caldwell, William P. Caldwell, I.Jandler, Caul resolution. field, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Cook, Culberson, Mr. KASSON. I understand that the information called for by the Davis, Dibrell, Douglas, Durham, Eden, Felton, 'Finley, Forney, Franklin, Fuller, resolution referred to came in answer to another resolution. Gause, Gunter, Robert Hamilton, Hancock, Hardenbergl1, Henry R.llarris, .Johu .Mr. SOUTHARD. I was assured that the resolution would be an T. Harris, Harrison, H.artricl~e, Hartzell, Hereford, Goldsmith W. llowitt, Hum· phreys. Hunton. Knott, Lamar, George M. Landers, Levy, Maish, Milliken, Mills, . swered before the close of the last session of Congress ; but the ses Mutchler, Neal, O'Brien, Odell Piper, Reagan, Riddle, Jonn Robbins, Roberts, Sav· sion closed without any answer being received to the resolution. age, Scales, Schleicher, Single~n, Slemons, William E. Smith, Southard, Sparks, 1877. CONGRESSIONAL RECORD-HOUSE. 489 Stenger, Terry, Throckmorton, Tucker, Turney, Warner, Wike, James Williruns, Cook, Cowan, Culberson, Cutler, Davis, De Bolt, Dibrell, Do~glns, Durand, Dnr· Jeremiah N. Williams, Willis, :Benjamin Wilson, Fernando Wood, Yeates, and ham, Eden, Ellis, Felton, Finley, Forney, Franklin, Fuller, Gause, Gibson, Glover, Youn~-79. Goodin, Gunter, R.obert Hamilton, Hancock, Hardenbergh, Henry .R. Harris, John NOT VOTING-Messrs. Abbott, Anderson, William H. Baker, Banning, Bass, T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Haymond, Hereford, Abram S. Beebe, Bell, Blackburn, Blair, Bliss, Samuel D. :Burcharct Carr, Chapin, Collins, Hewitt, Goldsmith W He"Witt, Hill, Holman, Hopkins, Humphreys, Hunton, Kehr, Cox, Crapo, Crounse, Danford, Darrnll, Durand, Egbert, Ellis, Faulkner, Gibson, Knott, Lamar, Franklin Landers, George M. Landers, Le Mo.vne, Levy, Lntkell, U lover, Goode, Andrew H. Hamilton, Hathorn, llaymond, Hays, Henkle, Hill, Lyade, Maish, Milliken, Mills, Mor_gan, Mutchler, Neal, O'Brien, Odell, Paynt\ Hooker, Hopkins, House, Hurd, Hurlbut, Jenks, Frank Jones, Thomas L. Jones, John F. Philips, Piper, Poppleton, Powell, Rea, Reagan, John Reilly, James .B. Joyce, Kelley, Ki~g. Lane, Lewis, Lord, Lynde, Mackey, 1l1cFarland, McMahon, Reilly. Rirldle. John Robbins, ll>berts, Savage, Scales, Schleicher, Singleton, Slem 111oode, lletca1fe, ..M.oney, Morrison, Na-sh, New, Phelps, John F. Philips, Purman, ons, William E. Smith, Southard, Sparks, 8pringor, Stanton. Sten~er, Stevenson, Rice, William .M. Robbins, Robinson, Miles Ross, Sayler, Schrunaker, Sbeakley, Stone, Teese. Terry, Thomas, Thompson, Throckmorton, Tucker, Turney, Robert Spencer, Strait, Stephons, Stone. Swann, Tarbox, Teese, Thomas, WashinJrton Town B. Vance, Gilbert C. Walker. Walling, Warner, Erastus Well~. Whitthorne, Wig send, John L. Vance, Waddell, Waldron, Charles C. :B. Walker. Gilbert C. Walker, ginton, Wike, Alpheus S. Williams, James Williams, Jeremiah N. Williams, Wil WaJling, Walsh, Ward, Warren, Watterson, G. Wiley Wells, Wheeler, Whitehouse, lis, Benjamin Wilson. Fernando Wood, Yeates, and Young-130. Whitthorne, Wigginton, and Woodburn-91. NAYS-Messrs. Adams, George A. Bagley, John H. Baker, Ballou, Banks, :Bran ley, William R. Brown, Horatio C. Bm·chard, Burleigh. Cannon, Cason, Caswell, So (two-thirds not voting in favor t.hereof) the resolution was not Chittenuen, Conger. Davy, Denison. Dobbins, Dunnell, Eames. E\'ans, Flye, Fort, adopted. Foster, Freeman, Frye, Garfield, Hale, Haralson, Benjamin W. Harris, Hendee, DIBTRICT POLICE BOARD. HendAl'SOn, Hoar, Hoge, Hoski.ns,Hubbell, Hunter, Hyman, Kasson, Kimball, Lap. Mr. BUCKNER. I move to suspend the rules to pass a. bill, which ham, Lawrence, Leavenworth, Lynch, Uagoon, MacDougall, McCrary, McDill, Miller, Monroe, Norton, Oliver, O'Neill, Packer, Pag~, William A. Phillips, Pierce, I send to the Clerk, to abolish the hoard of commissioners of the PlaistP-d, Platt, Pratt\ Purman, Rainey, Sobieski Ross, RDRk, Sampson, Seelye, Metropolitan police of the District of Columbia. and to transfer its Sinnickson, Smalls, A. Herr Smith, St{)well, Thornburrrh, Martin L Townsend, powers to the cop1missioners of the District of Columbia. Tufts, Van Vorhes, Wait, Alexan iams, Charles G. Williams,-.James Williams, Willia.m n. Williams, Willis, fames renee, L:yncb, Ma,goon, McCrary, Mcl)ill, Miller, Monroe, Mora-an, Norton·, Oliver, Wilson, Alan Wood, jr., and Wood\vorth-126. O'Neill, Packer. Page, William A. Phillips, Pierce, Plaisted, Platt, Potter, Pratt, NAYS-Messrs. Ainsworth, Ashe, Atkins, B~by, Bland, Blount, Boone, Brad Rainey, Sobieski Ross, RLlSk, Sampson, Seelye, Sinniokson, Smalls, A. Herr Smith, ford, Bright, .John Youno- Brown, Cabell, John .tl. Caldwell, William P. Caldwell, Thompson, Thornburgh, Martin I. Townsend, Tufts, Van Vorhes, Wait, Waldron, Candler. Cate, Caulfield, ~olm B. Clarke of Kentucky,.John B. Clark,jr., of Missouri, Alexander S. Wallace. .John W. Wallace, White, Whiting, Andrew Williams Cook, Cowan, Culberson, Davis, Dibrell, Durham, Eden, Ellis, Felton, Finley, Charles G. Williams, William B. Williams, .James Wilson, Alan Wood, jr., and Forney, Franklin, Gause. Robert Hamilton, .John T. Harris, Henry R. Harris, W oodworth-83. . . Hartrld$e, Hatcher, Hereford. Goldsmith W. Hew~t, Hill, Hunton, Knott, George NOT VOTING-Messrs. Abbott, Anderson, William H. Baker, nanning-, Bass, M. Lanaors. Milliken, Mills, Mutchler, O'Brien, .Johri F. Philips, Purman, Rainey, Beebe, Bell, Blackbnrn, Blair, Bliss, Samuel D. Burchard, Burleigh, Carr, Chapin, Re.a.rran, lliddle, Scales, Schleicher, Singleton, Slemons, Smalls, "Wiiliam E. Smith, Cochrane, Collins, Cox, Crapo, Crounse, Danford, Darrall, Durand, Durham, .Eg Southard, Stone, Terry, Throckmorton, Tucker, Robert B. Vance, Gilbert C. Wal bert, Faulkner, Glover, Goode, Gunter, Andrew H. Hamilton, Harrison, Hartzell, l,or, Watterson, Erastus Willis, ·whitthorne, Wig.,a-inton, .Jeremiah N. Williams, Hathorn, Hays, Henkle, Abram S. Hewitt, Hill, Ho~e. Holman, Hooker, Hopkins, B •njamin Wilson, Fernando Wood, and Yeates-72. · House, Hurd, Hurlbut, Jenks, Frank Jones, Thomas L . .Jones, Jovce, Kehr, Kell!'y, NOT VOTING-Messrs. Anderson, William H. Baker, Banning, Bass, Beebe, King, Lane, Leavenworth, LeMoyne, Lewis, Lord, Luttrell, Mackey, MacDou~ail, Blackburn, Blair, Bliss, Buckner, Samuel D. Burchard, Carr, Chapin, Collins, Cox, McFarland, McMahon, Meade, Metcalfe, Money, Morrison, Nash, New, Phelps, Crapo, Crounse, Danford, DarraH, Donlllas, Durand, Egbert, Faullmer, Gibson, Poppleton, Pnrma.n, Rice, William M. Robbins, Roberts, Robinson, Miles Ross, G-lover, Goode, Gunt!'r, Andrew H. Hamilton, HanOO"·k, Hathorn, Haymond, Hays, Sayler, Schumaker, Sheakley, Sparks, Spencer. Strait, Stephens, Stevenson, Stow Henkle, Abram S. Hewitll, Hoar, Hoge, Hooker, Rouse, Hurd, Hurlbut, .Jenks, ell, Swann, Tarbox, Washington Townsend, Turney, .John L. Vance, Waddell, Frank .Jones, Thomas L. Jones, .Joyce, Kelley. King, Lamar, Lane, Le':Jj Lewis, Charles C. B. Walker, Walsh, Ward, Warren, Erastus Wells, G. Wiley Wells, Lord, Lynde, Mackey, McFarland, McMahon, Meade, Metcalfe, Money, Morrison, Wheeler, Whitehouse, Wigginton, Willard, James Williams, and Woodburn-101. Nash, New, Payne, Phelps. Rice, William M. Robbins, Robinson, Miles Ross, Say ler, Schumaker, Sheakley, Spencer, Stanton, Strait, Stephens, Stowell, Swann, Tar So (two-thirds not having voted in favor thereof) the rules were box:, Thomas, Washington Townsend, .John L. Vance, Waddell, Charles C. B. not suspended. Walker, Walling, Walsh, Ward, Warren, G. Wiley Wella, Wheeler, Whitehouse, During the roll-call, Wilshire, Woodburn, and Young-91. Mr. GAUSE stated that his colleague from Arkansas [Mr. GUNTERl So (two-thirds not having voted in favor thereof) the rules were was absent on account of the illness of a friend, having been just not suspended. c~lled to his bedside. If present he would have voted" ay." During the roll-call, The result of the vote was then announced as above recorded. Mr. PAGE stated that Mr. WOODBURN was absent by leave of the WAITING-ORDERS PAY. House, and if present would have voted" ay." The result of the vote was then announced as above recorded. 1\Ir. HARRIS, of Massachusetts, by unanimous consent, from the Committee on Naval Affairs, reported back, with an amendment, the RIGHTS OF STATES AND TERRITORIES. bill (H. R. No. 4125) to appropriate waiting-orders pay to those offi Mr. MILLS. I move that the rules be suspended and that the reso cers ofthe United States Navy who e pay was affected by the general lution wllich I send to the desk be adopted. order of the Secretary of the Navy No. 216 and to repeal secting 1442 The Clerk read as follows: of the Revised Statutes; and moved that the bill and amendment and "Resolved, That the maintenance inviolate of the rights of the States, and espe· the report of t.he committee thereon be printed and recommitted. cially the right of each State to order and control its own domestic institutions ao· The motion was agreed to. cording to its own judgment exclusively, is essential to the balance of power on 1\lr. HARRIS, of Massachusetts. I am also instructed hythe Com which tbe operation and endurance of our politir..a.l fabr~c depend, and we denounce mittee on Naval Aftairs to move that th~ rnles be so suspended that the lawless invasion by armed force of the soil of any State or Territorv, no mat- tor under w bat pretext, as among the gravest of crimes." • the bill (H. R. No. 4125) may be in order as an amendment to the naval appropriation bill when that bill shall be nuder consideration in Com Mr. HOAR. Tha.t is an absolute denial of all tJ?.e recent amend- mittee of the Whole. I make that motion. ments to the Constitution. Mr. HOLMAN. I move that the House do now adjourn. Mr. MILLS. I call for the yeas and nays. Pending the motion to adjourn, 'l'he yeas and nays were ordered. Mr. DURHAM. I ask that the resolution may be again read. APPOINTMENT OF A COMMITIEE. The resolution was again read. The SPEAKER announced that he had appointed the following as Mr. KASSON. I desire to make an inquiry. Does the resolution the committee called for under the resolution of the House to-day with contain the words "subject to the Federal Constitution t" reference to the police commissioners of the District of Col.umbia ~ The SPEAKER. Debate is not in order. Mr. LEMOYNE of illinois, Mr. MILLIKEN of Kentucky, Mr. CANDLER Mr. KASSON. I merely desire to make an inquiry in regard to of Georgia, Mr. BANKS of Massachusetts, and Mr. WILLIAM B. WILL the language of the resolution. IAMS of Michigan. The SPEAKER. What is the gentleman's inquiry t 1\IISSOURIA INDIANS OF CALIFORNIA. Mr. KASSON. Did the Clerk 1·ead the words •' subject to the The SPEAKER, by unanimous consent~ laid before the Honse a let Federal Constitution f" . ter from the Secretary of the Interior, asking an appropriation of The SPEAKER. Those words are not in the resolution. $5,000 for the Missouria Indians of California; which was referred to Mr. HOLMAN. To enable ns to commemorate the 8th of January, the Committee on Appropriations, and ordered to be printed. a historical day, I move that the House do now adjourn. _ 1\!r. MILLS. I hope the gentleman from Indiana will not insist on MINT AT NEW ORLEANS. t.llat motion. Let us vote on this resolution. The SPEAKER also, by unanimous consent, ]aid before the House Mr. HOLMAN. I think we should adjourn at an early hour on this a memorial from the mayor and common council of New Orleans; historical day. which was referred to the Committee on Appropriations, and ordered The question being taken on the rc.otion to adjourn, there were to be printed. · a.ycs 73, noes 102. LEAVE OF ABSENCE. l\Ir. HOLMAN. I call for tellers. By unanimous consent, the following leaves of absence were granted: On the question of ordering tellers there were-ayes 33; more than To l!Ir. BLAIR, until Friday next. one-fifth of a quorum. To Mr. PLATT, for one week on account of important business. So tellers were ordered; and Mr. HOLl\IAN and Mr. MILLs were·a.p- To Mr. CROUNSE, an extension of his leave for ten days. pointed. · The Honse again divided; and the tellers reported-ayes67, noes95. WITHDRAWAL OF PAPERS. So the motion to adjourn was not agreed to. On motion of Mr. GIBSON, by unanimous consent, leave was granted The SPEAKER. The question is on suspending the rules and a-dopt for the withdrawal from the files of the House, under the rules of the ing the resolution offered by the gentleman from Texas, [Mr. MILLs,] Honse, of the papers accompanying the bill for the relief of William on which the yeas and nays have been ordered. W. Handlin. Mr. HUNTON. I ask that the resolution rriay be again read. The question was then taken on Mr. 'HOLMAN's motion; and there The resolution was again read. were-ayes 108, noes 41. The question was taken; and there were-yeas 105, nays 83, not vot So the motion was agreed to ; and accordingly (at three o'clock and ing 101 ; as follows : fifty minutes p. m_.) the House adjourned. YEAS-Messrs. Ainsworth, Ashe, Atkins, Bagby, John H. Baa-ley, ,jr., Bland, mount, Boone, Bradford, Bright, John Young Brown, Buckner, Babel}, John H Caldwell, William P. Caldwell, Candler, Cat-e, Caulfield, John B. Clarke of Ken· PETITIONS, ETC. tncky, .John B. Clark, jr., of Missouri, Clymer, Cook, Cowan, Culberson, Davis, De :Holt, Dibrell, Douglas, Eden, Ellis, Felton, Finle:v, Forney, Franklin, Fuller, The following petitions, &c., were presented at the Clerk's desk Gause Gibson, Goodin, Robert Hamilton, Hancock, Hardenbergh, Henry R. Har· under the rule, aild referred as stated: ris,.ro}u;: T. Harris, Hartridge, Hatcher, Haymond, Hereford, Goldsmith W. Hewitt, By Mr. J. H. BAGLEY: The petition of George Quarrel, late a pri llnmphrcys, Hunter, Hunton. Knott, Lamar, Franklin Lan .Also, the petition of L. H. Davis, of similar import, to the same That statement is erroneous. I certainly was not counsel for the committee. witness in any sense, and never saw him before he came before the By Mr. DUNNELL: The petition of H . .A. Munger and 30 other committee and never had a word of conversation with him there ex citizens of Fairmont, Minnesota, for the purchase by the Government cept as a witness npon the stanu. What did occur before the com of the telegraph lines in the United States, to the Committee on the mittee and what I did say is shown by the report of the stenographer Post-Office and Post-Roads. of the committee, as follows: By Mr. FULLER: .A paper relating to the establishment of a post Mr. MlTCHll:LL. Mr. Chairman, I insist on an answer. . route from Cannelton, Perry County, to Rockport, Spencer County, The CHAIRMA.J.~. I will state, as my view of the law, that it is not a. privileged Indiana, to the same committee. communication, but a. matter that the witness is required to answer. Mr. KERYAY. That is my judgment. I would advise him to answer, both as a. By :Mr. HOLMAN: The petition of William Williams, L. D, Lam lawyer and a. member of the committee. I think he should answer as he would if bert, and Isaac P. Gray, of Randolph County, Indiana, that soldiers, he were before a court in a pending proceeding. entitled to pensions, receive arrearages from the date of their dis That was the statement which I made. In no sense of the word could charge from the service, to the Committee on Invalid Pensions. I state, nor did I in any sense state, that I was counsel for or of the .Also, the petition of John J . .Ashford, Philip Hawley, and other witness. I desire to correct this inadvertent misstatement, as I as C-itizens of Des Moines Valley, Iowa, for justice in relation to the Des sume it to be, which I notice also is in the New York Tribune.· Moines River land grant, to the Committee on Public Lands. By Mr. LUTTRELL: Memorial of Captain W. J. Woodley, for EXECUTIVE COMl\lUNICATION. compensation for loss of time and for damages sustained by reason of The PRESIDENT pro tempore laid before the Senate the annual re his ejection from a valuable gold-placer mining claim, in Klamath port of the .Attorney-General, showing the operation~;~ of the Depart County, California, by officers_of the United States Government with ment of Justice for the fiscal year ended June 301 1876; which was out authority of law, to the Committee of Claims . ordered to lie on the table, and be printed. .Also, the petition of William Hoskins and other citizens of Cali CHARLES C. CAMPBELL. forrlia, for the purchase by the Government of the telegraph lines Mr. WRIGHT. .At the last session of Congress the Committee on of the United States, to the Committee on the Post-Office and Post Claims report.ed favorably the bill (H. R. No. 429) for the relief of Roads. Charles C. Campbell, of Washington County, Virginia. That hill is By Mr. MONROE : The petition of E. S. Goodrich and 56 other eit now on tile Calendar. 1 have some additional papers in connection izens of Oberlin, Ohio, for the uniting of the telegraph system of the with the bill which I riow present and ask that these papers may be United States with the Post-Office Department, to the same committee. referred to the Committee on Claims and that the bUl now upon the By Mr. NEAL : The petition of the members of the board of educa Calendar may be recommitted to the committee. tion of Ripley, Ohio, for the enactment of a law forbidp.ing the issu The PRESIDENT p1'o tempore. The papers will be referred to the ing of copy-rights for school-books of all kinds, to the Committee on Committee on Claims and the bill will be recommitted to the com Patents. mittee, if there be no objection. By Mr. P .ACKER: The petition of Thomas T. Wierman, George Mc Farland, F. Jordan, M.S. Quay, J. F. Temple, C. Comfort, J ..T. Pear PETITIONS AND MEMORIALS. son, J.P. Wickersham, D. D. Boas, S. Oppenheimer, and other citizens Mr. D:A. WES. I desire to present to the Senate a petition from of Harrisburgh,Pennsylvania, asking aid for the .American Printing citizens of Massachusetts, very numerously signed by those who have House for the Blind and the American University for the Blind, to received 4 per cent. interest on the amounts settled by the Geneva the Committee on Education and Labor. award by the judgment of the court of commissioners of Alabama By Mr. ROBERTS: The petition of Perry & Brother, John T. Mitch claims under the l.a~ passed by Congress. They pray that they may . ell, and other citizens of the District of Columbia, for an appropria be allowed an additional 2 per cent. and suggest very cogent reasons tion for the relief of the poor of the District, to the Committee for therefor. I ask that their petition be referred to the Committee on the District of Columbia. the Judiciary. If thechairmanof thatcommitteewashere, I should .Also, the petition of .A. H. Herr, F. L. Moore, and other citizens of hope he would pardon me for invoking their early attention to the the District of Columbia, of similar import, to the same committee. hill from the House contemplating a further distribution of that .Also, the petition of Richard Hamilton, Henry Wilkes, and others, money. Recognizing as I do the important matters pending before ca.ptors of the ram Albemarle, for the payment of the prize money that committee, still the committee can hardly understand the suffer awarded them under the decrees of the district court of the District ing that is experienced every day by those who have sustained losses of Columbia, to the Committee on Naval .Affairs . . from the British cruisers, if I may call them so, and the propriety as - ! .Also, the petition of Franklin D. Pearson, to have refunded to him well as necessity pf early action upon that bill. I invoke the con $300, the amount paid by him to obtain exemption from military serv sideration of the committee to it, and entreat them to bring it before ice in the United States .Army, to the Committee on \Var Claims. the Senate at as early a period aa possible. By Mr. STONE : Memorial of theNational Academy of Sciences, ad Mr. WRIGHT. In the absence of the chairman of the committee vising that the experiments upon American coal, made tinder the di I deem it proper to say to the Senator from Massachusetts, if I can rection of Congress by the Navy Department, be resumed and con have his attention, that I know the matter to which he refers has re tinued so as to include all the coals now used in the United States, to ceived the attention of the committ-ee. We have had no session of the Committee on .Appropriations. . the committee scarcely since t.he matter was brought up, but we are By Mr. TURNER: The petition of citizens of Westmoreland and making all the progress possible toward ail early disposition of the Fayette Counties, Pennsylvania, for the purchase by the Government question to which the Senator refers. . of the telegraph lines in the United States and the adoption of a Mr. DAWES. I think the assurance of the Senator from low a will cheap uniform rate of charges for telegmphic messages, to the Com- very much gratify the petitioners. I trust that his expectations will mittee on the Post-Office and Post-Roads. · be early realized and that the bill will be brought before the Senate By .Mr . .A. S. WILLIAMS: The petition of the heirs of James Cor for consideration at an early day. . bet, late a private iu Company H, Sixteenth Regiment Michigan In The PRESIDENT pro tempore. The petition will be referred to the fantry, for a pension, to the Committee on Invalid Pensions. Committee on the Judiciary. By Mr. WILLIAMS, of Alabama: .A paper relating to the estab Mr . .ALLISON. I present a petition of a large number of 'Settlers, lishm~nt of post-routes from Fort Deposit, via Kirkville and Sandy· upon what are known as the Des Moines River lands in Iowa, asking Ridge, in Lowndes County, Panola, Crenshaw County, Steimer's Congress to give them relief. This petition sets forth at great length Store, Butler County, back to Fort Deposit, to the Committee on the their grievances, showing that by a series of act-s of Congress, of the Post-Office and Post-Roads. State Legislature of Iowa, and the decision of the Supreme Court, &c., they have been deprived of their homesteads. I move that the petition be referred to the Committee on Public Lands. The motion was agreed to. :M:r.l\UTCHELL. I present a joint memorial of the Legislative IN SENATE. .Assembly of the State of Oregon, in which they represent that "by acts of Congress granting lands to the State of Oregon to aid in the TUESDAY, January D, 1877. construction of a military wagon road from Dallas City, on the Colum biaRiver, to Fort Boise, on the Snake River, approvedFebruary25, 1876, Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. audto the Willamette Valley and Cascade Mountain Wagon Road Com The J ournaJ. of yesterday's proceedings was read and approved. pany, to aid in the construction of a militarywagonroadfrom Albany, PER~O:NAL EXPLANATION. Oregon, byway of Canyon City, to the eastern boundary of the State, ap provecl0ctober24, 1866; also totheOregonCentralMilitaryRoadCom Mr. KERNAN. I desire to make a correction in the proceedings of pany, to aid in the construction of a wagon road from Eugene City to the Committee on Privileges and Elections of Satnrday as reported in the eastern boundary of Oregon, in sections, designated byoddnumbe.rs, the New York Times of Sunday. In speaking of the witness Runyon to the extent of three sections in width on each side of the road; that the rep0rt states: alternate sections, not exceedin~ teu miles in distance from said road, He also declined to tell who came to his office and ordered him to draw the check. were by said acts granted to sa1d State of Oregon, and to said com I am represented as then having made this statement: panies, from which to select la,nds in lieu of lands occupied adversely Senatoc KEnNAN stated that he, as counsel for the witness and as a. member of or reserved to the United States." These memorialists further repre the committee b~fore which witness was testifying, would 8.dvise the witness to sent that "all the alternate sections within the said region of ten answer the question. miles distant from said roads, on either side, throughout the entire