1876. CONGRESSIONAL RECORD-SENATE. 2865
Mr. WHITE. I rise to a parliamentary inquiry. If this r~olution PETITIONS AND UE:\IORIALS. sltall be adopted, will it be in order to move an amendment m Com Mr. KEY presented the petition of J.P. McMillin, trustee of the mittee of the Whole to provide that no person who was actively en Methodist Episcopal church South, of Chattanooga, 'l'eunessee, pray ga!Y'ed in the rebellion shall be paid for any such mail service f ing compensation for the use of their church building for military The SPEAKER pro tempore. That question will be ans'Yered by purposes by the Army of the United States during the late war; the Chair in Committee of the Whole on the state of the Umon when which was referred to the Committee on Claims. the time arrives. Mr. BOUTWELL presented a memorial of the Society of Friends Mr. VANCE, of North Carolina. I withdraw the resolution. on behalf of the Indians, remonstrating against the transfer of the Mr. WHITE. I object. management of Indian affairs to the ·w:u Department; which'was The SPEAKER. The question recurs on themotion tosuspend the referred to the Committee on Indian Affairs. rules and adopt the resolution. Mr. MERRIMON presented the petition of Malissa E. Banks, of Mr. CLYMER. I move the House adjourn. Yancey County, North Carolina, praying to have her name restored to The motion was agreed to;. and accordingly (at three o'clock and the pension-rolls as the widow of Ezekiel Banks, a Federal officer in t.hirty-tiveminutes p.m.) the House adjourned. the war of 1861 ; which was referred t.o the Committee on Pentiions. Mr. WRIGHT presented the petition of Thompson & Carmichael, PETITIONS, ETC. and others, citizens of Davenport, Iowa, envelope-manufacturers, printers, stationers, lithographers, representing over 50,000 other The following memorials, petitions, and other papers were presented dealers throughout the United States, praying for such action by at the Clerk's desk under the rule, and referred as stated: Congress as will discontinue the manufacture and sale by the Gov By 1\ft'. BAKER, of Indiana: The pet.ition of Alexander M. Vin~edgo, ernment of stamped envelopes, &c.; which was 1·eferred to the Com late a private in Company B, One hundred and fifty-fifth Regiment mittee on Post-Ofttces and Post-Roads. Indiana Volunteer Infantry, to be relieved from the charge of deser Mr. DENNIS presented the petition of Samuel J. Lamden, of Wor tion and to be restored to all rights as thongh regularly mustered out cester County, Maryland, late a private in Company B, First Mounted of military service, to the Committt'e on Military Affairs. Missouri Volunteers, praying to be allowed a pension; which was re By Mr. COX: The petition of Edwin F. Hatfield, stated clerk of the ferred to the Committee on Pensions. General Assembly of the Presbyterian Church of the United States, Mr. CAMERON, of ·wisconsin, presented the petition of Carl Jus that the postal law be so changed a.s to allow the annual publ~cat~ons sen, late adjutant Twenty-third Wisconsin Volunteers, praying for is.mcd by the direction of said assembly and other annual pubhcat10ns t,he difference of pay between that of sergeant-major and adjutant issued by direction of various religious and charitable societies, none from August 2 to December 13, 1863; which was refeiTed to the Com- of which are issued for gain, to be sent through the mails at a lower mittee on Military Affairs. . ·rate of postage than is now charged for the same, to the Committee Mr. CONKLING presented a memorial of citizens of the State of on the Post-Office and Post-Roa-ds. New York, remonstrating against the passage of any law gra1iting au Also, the petition of Charles J. Bartram and 72 othors, envelO'pe American register to foreign-built vessels; which was referred t.o the dea,lers, stationers, and manufacttuers, that such legislation may be Committee on Commerce. a-dopted as may relieve them from injurious competition by the Gov ernment in the manufacture, transportation, and sale of envelopes, THE STEAMBOAT· BILL. postal cards, &c., to the same committee. Mr. CONKLING. Mr. President, having the floor I wish to make By Mr. FAULKNER: The petition of the faculty of the West Vir a statement for myself and for the Committee on Commerce. There. ginia University, for the passage of the bill introduced in the Senate is before the Committee on Commerce of the Senate a bill, passed Apri112, 1876, entitled "A bill to limit and fix the Signal Service," to some little while a.go by the HouRe of Representatives, popularly thH Committee on Commerce. known. as the steamboat bilL Various inquiJ:ies from time to time By Mr. HA.R.RfS, of Georgia: Papers relating to the claim of Henry are addressed to me and various comments are made touching the S. Castellon, for compensation for stock and provisions taken for use period when the bill is likely to be reported and the fact that, although of the Unitefl States Army, to the Committee on Wat· Claims. it has been here for some time, it has not been reported. To answer By Mr. HENDEE: The petition of John G. Stafford, that th~ com these inquiries, for the reason that it is easier to answer generally missioners of the District of Columbia be directed to ascertam and than particularly, and for some other reasons, I make this statement. pay him the amount due him for work done and material furnished After the bill came from the House of Representatives it turnecl under a contract with the board of public works in the city of Wash out that there was some error about it, and the bill was returned to in~tton, to the Committee for the District of Columbia. the House, at its request, for the correction of the error. Afterward lly Mr. JOYCE: The petition of Dudley Taft, that the charge of a second and correctad bill came, which bill has been received by the desertion may be removed from the rec~rd of his deceased son, George Senate only quite recently. In the meantime applications have been D. Taft, killed at the battle of the Wilderness, and that he be pa1d made, and I refer especially to one known to a Senator who hears me, the bounty and back pay that would otherwise have been due him, ma-de by a citizen representing a large part of the steamboat interest to the Committee on Invalid Pensions. in one direction, having one set of views about legislation. An ap Also, the petition of Tuttle & Co. and others, for such legislation plication was made by him to me, and ma,de in writing, to defer and as will relieve them from injurious competition by the Government postpone action upon the bill in the committee until he and others in t.lw manufacture and sale of envelopes, postal cards, &c., to the should have opportunity to prepare and present to the committee Committee on the Post-Office and Post-Roads. some matters bearing upon it. Although itli! quite doubtful whether lly Mr. LANE: The petition of Virgil M. Jones, late an assistant any diligence would have enabled the committee to report the bill quartermaster United States Army, to be released from his indebted by this time, this request has been made, and it has not existed so ness to the United States, to the Committee on Military Affain;. long that anybody can charge the parties with being wanting in dili By Mr. LUTTRELL: A paper relating to the claim of James M. gence and good faith. Had the committee been rea-dy to report the Watson, to the Committee on Invalid Pensions. bill, no doubt it would have wait.ed at least as long as it has waited, By Mr. McMAHON: The petition of Robert Quinn, for a pension, and probably longer, to enable those interested in it to give informa- to the same committee. ' tion to the committee. But I sufficiently answer the purpose when By Mr. MONROE: The petition of Lieutenant M. C. Roach, for ad I say that, upon the request of those interested, and affirmatively in ditional compensatio~ as a United States officer, to the Committee on terested, in the bill, the committee has been waiting, and as yet only Military Affairs. a short time, to enable them to present such facts as they may choose lly Mr. TOWNSEND, of New York: The petition of citizens of to submit. Washington Count.y, New York, that negotiations may be had with I hope this wi)l be a sufficient answer to all those curious to know the Dominion of Canada relative to the Caughnawaga Ship"Canal, to why the bill has not been reported, and that it will avoicl the neces the Committee on Foreign Affairs. sity of answering in detail and separately so many persons as are By Mr. YOUNG: The petition of Abner D. Lewis, for the reconsid making inquiries. eration of his claim disallowed by the southern claims comlllil:;sion, to POLITICAL ASSESSMENTS ON OFFICERS. the Committee on War Claims. · Mr. MERRIMON submitted an amendment intended to be pro posed by him to the bill (H. R. No. 87G) to prevent the solicitation, contribution, or acceptance, by any officer or employe of the Govern .. ment, of money, property, or other thing of value, for political pur poses, and for other purposes; which was referred to the Committee IN SENATE. on Privileges and Elections, and ordered to be printed. TUESDAY, May 2, 1876. REPORTS OF COMMI'ITEES. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Mr. SHERM A.N, from the Committee on Finance, to whom was re ferred the bill (H. R. No. 2441) authorizing the appointment of re The JourruJ,l of yesterday's proceedings was read and approved. ceivers of national banks and for other purposes, reported it with RETURN OF A BILL TO THE HOUSE. amendments. The PRESIDENT p1·o tempore laid before the Senate the reque~t of Mr. BAYARD, from the Committee on Finance, to whom were re the House of Representatives for the return of the joint resolution (H. ferred the petition and accompanying papers of Lena Bensinger, R. No. 34) to print forty-five lmndred copies of tbe annnal report of praying to have restored to ber certain money alle~ed to ha~~ been the United States geological and geographical survey of the Terri wrongfully taken from her late husba,nd, Nathan Bensinger, as tories; and, on motion of Mr. EmtUNDS, the request was granted. surety on the bond of Dohn & Marks, brewers, of Louisville, Keu- IV-180 2866 CONGRESSIONAL RECORD-SENATE. MAY 2, tucky, charged with violating the internal-revenue laws, asked to be CHANGE OF NAME OF A BRIG. discharged from its further collsideration; which was agreed to. Mr. BURNSIDE, from the Co~mittee on Commerce, to whom was Mr. MORRILL, of Vermont, from t.be Committee on Finance, to referred the bill (S. No. 745) to authorize the Secretary of the Treas wbom was referred the bill (S. No. 530) to re-imburse plll'chasers at ury to issue a regi ter and change the name of the brig A. S. Pennell direct-tax sales in Arkansas declared illegal by United States courts to the City·of Moule, reported it without amendment. in consequence of a defe.cti ve board of commissioners, reported it with Mr. HAMLIN. The bill jnst reported by the Senator from Rhode amendments. Island is simply to change the name of a vessel, and I ask that the Mr. CAMERON, of Pennsylvania, from the Commit.tee on Foreign Senate 11roceed to its consideration at this time. Relations, to whom wn~ 1·eferred t.he petition of Martinette Hardin By unanimous consent, the bill was considered as in Committee of McKee, widow of Alexander R. McKee, deceased, praying an appropria the\Vhole. tion by Congress sufficient to convey theremainsof her late husband The bill was reported to the Senate without amendment, ordered to from Panama to Frankfort, Kentucky, to be interred in the cemetery be engrossed for a third r~ading, read the third time, and passed. at that p1ace, asked to be discharged from its further consideration ; which was agreed to. BILLS INTRODUCED. Mr. WADLEIGH, from the Committee on Patents, to whom wns Mr. CONKLING. I ask leave to introduce a bill, because I have referred the petition of Moses Marshall, praying for an extension of been requested to do so, and not because I know the merits of the bill his patent for an improvement in knitting-machines, sul)mitted are mvself. port accomp~nied by a bill (S. No. 795) to enable Moses Marshall to By unanimous consent, leave was granted to introduce a .bill (S. make application to the Commissioner of Patents for the extension No. 797) to incorporate the Washington and Bladensburgh Pike Rail of letters-patent for improvement in knitting-machines. road Company, and to prohibit the use of steam or other dangerous The bill was read and passed to the second reading, and the report power on t.he same or adjacent to it; which was read twice by its was ordered to be printed. title, refened to the Committee on the District of Columbia, and or He also, from the same committee, to whom was referred the petition dered to be printed. of the heirs of S. L. Hartshorn, praying for an extension of his-letters Mr. CAMERON, of Wisconsin, asked, and by unanimous consent ob patent for improvements in buckles, submitted a report accompanied tained, leave to introduce a bill (S. No. 79d) for the relief of Carl Jns by a bill (S. No. 796) ·for t..he relief of the heirs of Sheldon S. Harts sen, late adjutant Twenty-third Wisconsin Volunteers; which was horn. read twice by its title, and, with the accompanying papers, referred The bill was read n.nd passed to the second reading, and the report to the Committee on Military Affairs, and ordered to be printed. was ordered to be printed. Mr. HITCHCOCK (by request) asked, and by unanimous consent Mr. DENNIS, from ~he Commit-tee on Commerce, to whom was re~ obtained, leave to introdq.ce a bill (S. No. 799) for the relief of J. D. ferred the bill (H. R.No. 1400) anthorizingtheresidents and property Cornell and others; which was read twice by its title, referred to the · owners of Neville Township, county of Allegheny, and State of Penn Committee on Naval Affairs, and ordered to be printed. sylvania, to close the channel of the Ohio River on the south side of Mr. ROBERTSON asked, and by unanimous consentobtained, leave Nevilla Island by the construction of an embankment or causeway to introduce a bill (S. No. 800) for the relief of Sarah P. Chisholm from the head of said island to the southern shore of said river, re and Samuel P. Chisholm, of Beaufort, South Carolina; which was ported it without amendment. read twice by its title, referred to the Committee on Claims, and or Mr. OGLESBY. The Committee on Public Lands, to whom was dered to be printed. t:eferred the bill (S. No. 15) to authorize the Secretary of the Inte1'ior }11:. BURNSIDE asked, and by unanimous consent obtained, leave to ascertain and certify the amount of land located with military to introduce a bill (S. No. BOl) to improve the harbor of Washington warrants in the States described ·therein, and for other purposes, bas City and the navigation of the Poto()macRiver; which was read twice had the same under consideration, and I may say, going beyond the by its title, referred to the Committee on Commerce, and ordered to technical formality of expression, bas given very considerable atten be printed. . tion to the subject. The committee finds itself confronted with what .Mr. MERRIMON (by request) asked, and by unanimous consent it undm·sta.nds to be a purely legal question, one that may be regarded obtained, leave to introduce a bill (S. No. 802) for the relief of Thomas as a legal question aside from almost any connection with the policy H. Mallison, executor of the estate of Noah Gaskill, deceased; which of the disposition of the public lands. The question involved in the was read twice by its title, referred to the Committee on Claims, and bill is one of paying out of the National Treasury some three or four ordered to be printed. million dollars to various States, in which States public lands were · Mr. INGALLS asked, and by unanimous consent obtained, leave to taken up by warrants or certificates issued to soldiers for the location introduce a bill (S. No. 80:1) to repeal an act gra,nting a pension to of lands for their services as soldiers. That very fact becomes a ma Mary H. Bartlett, a.pproved January 28, 1873; which was read t~ce terial question in considering this bill, as to what is a bounty-land by its title, referred to the Committee on Pensions, and ordered to be warrant; whether it is in the nature of compensntion, representing a printed. llart of the service of the soldier paid for by the Government, or whether Mr. MITCHELL asked, and byunanimous consent obtained, leave it is purely and exclusively a bounty. That is one of the legal ques- to introduce a bill (S. No. B04) to establish a post-route in the State tions. · of Oregon and Idaho Territory; which was read twice by its title, Another one of the legal questions is the construction of the ordi referred to the Committee on Post-Offices and Post-Roads, and ordered nances for the admission of the various States into t.he Union affected to be printed. . by this bill, as to what were the terms of those ordinances or com · Mr. BOOTH asked, and by unanimous consent obtained, leave to pact.s. The Committee on Public Lands, altbongh willing enough to introduce a bill (S. No. 805) relating to i udemnity school selections in take the labor and time to investigate this subject, felt that it was the State of California; which was read twice by its title, referred peculiarly a qnastion involving the construction of an ordinance or to the Committee on Public Lands, and ordered to be printed. contract, and also involving wbat is the legal status of bount.y-land Mr. McMILLAN asked, and by unanimous consent obtained, leave wal'rants; and hence, though the m-atter in the bill pertains largely to introduce a bill (S. No. 806) for an act granting a p nsion to John to the W.estern.States, and though the members of that committee B. Dearing; which was read twice by its title, referred to the Com are very largely from the West, they felt it due to that committee, mittee on Pen6ions, and ordered to be printed. and due to the gravity of the sullject, tbat it should go to the Judi l\lr. COCKRELL asked, and by unanimous consent obtaine(l, leave ciary Committee, where we donbt not it will receive a fair and jnst to introduce a bill (S. No. 07) for t.he re1ief of John E. Catlett, of interpretation . I am therefore instructed to ask that the Commit Hannibal, Missouri; which was read twice by its title, referred to tee on Public Lands be discharged from the further considern.tion of the Committee on Claims, and ordered to be printed. the bHl, and thn,t it be referred to the Committee on the Jucliciary. The report was agreed to. IMMIGRATION TO THE UNITED STATES. Mr. EDMUNDS. I offer the following resolution and ask for its SUPPLIES FOR APACHE INDIANS. pre ent consideration : Mr. ALLISON. I am directed by the Committee on Indian Affairs, Resolved, That the Committee on Commerce be, and it hereby is, instructed to to whom was referred the bill (H. R. No. 3269) appropriating 50,000 inquire what legislation. if any, is necessary and expedient to provide regulations for subsistence supplies for Apache Indians in Arizona Territory, and concern in~ the immigration or other ar1·ival of persons in the United States from other countries with a view to securing the people against the e;ils of p:mperism, for the removal of the Indians on the Chericahua agency to San Car crime, and other injuries to the morals and good order of society, and with a view los agency, to report it without amendment; and as it is a matter· of to lenuin,g all lawful aid to the States in the exerci e of their sanitary and police pre.ssing importance I ask for the present consiueration of the bill. jurisdiction, and that said commit,tee report by bill or otherwise. By uuanimous consent, the Senate, as in Committee of the w ·hole, 1\fr. CONKLING. Let the resolution lie over. proceeded to consider the bill. It appropriates $50,000, or so mnch The PRESIDENT p1·o tempore. The resolution will lie over. thereof as may be necessary, to provi<.le for subsiRtence supplies for the Apache Indians in Arizona Territory, from the 1st of May to the DISTRICT PUBLIC SCHOOLS. 30t.h of June, 1876. If :my surplus remain after the pmchase of sup :Mr. EDMUNDS submitted the following resolution; which was con plies, the sa we ::;ball be qsed to defray the expenses incident to there sidered by unanimous consent, and agreed to: moval of tho Indians of the Cbericahna agency to tbe San Carlos Resolved, That the commissioners of the District of Columbia be directed t~ in re ervation, in said Territory, whenever in the jndgment of the Sec form the Senate whether the Rtamlard of qualification of teachors1 text-books, modu retary of th"' Interior such removal may be deemed necessary. of punishment of pupils, rules, regulation.'3, and general supervision of whioo and colored schools are the same in this District; and, if any discrimination exist. in t.he The bill was reported to the Senate without a.wen<.lment, ordered to m'tnagement of said schools or in the restlects aforeRai ~:IENDl\IENT OF IMPEACHMENT RULES. 1798 that the order which the Senator from Maine now desires tore Mr. INGALLS. If there is no further morning business, I will voke was adopted ; this order under which we retire every day when move that the remainder of the morning hour be devoted to the con a question is presented here for our decision to deliberate upon it. I sideration of the Calendar. say I have had the curiosity to go back aud fiucl how it came to be .Mr. HAMLIN. I think we had better take np the resolution in I'e adopted and where it originatl8d; aml I discover that its origin is to be l:ltion to the rnJes. It is legitimate morning business. found in that great trial in EnglUJld which was in progress at the Mr. INGALLS. Very well. time t.he Blount trial began-the first impeachment trial in this The PRESIDENT 11ro tempote. The Senator from Maine moves the conntrv. ThA ·practice of retiring from Parliament and taking the.sense of present consideration of the resolution introduced by him which wat~ partly considere(l on a prior day. · the judges is nothing new in parliamentary nistory, and out of that Mr. McMILLAN. I ask the Senator if he will permit me to move practice this order originated. It is not new ; it originated in the that the Senate proceed to the consicleration of a bill upon the Cal trial of Warren Hastings, and let me say to the Senate that it•origi. endar which has been there for some time Y uated against the protest of the best constitutional lawyers in England Mr. HAMLIN. This resolution is iu the nature of morning busi at that day and against the precedents of a century and a half pre ness audit is in regular order. I should like to have the Senate vote vious. All of our rules of proceedings in ca~es like this arc derived, as upon this matter, and then I will assist the Senator from .Minnesota we 1..-now, from parliamentary law, not from the ciYillaw, not from in getting up his bill with great pleasure. the common law, but from the parliamentary law; and when we come The PRESIDENT pro tempore. The question is on the motion of to inquire what that law provides in cases of impeachment, we find the Senator from Maine. tha.t it never did authorize this secrecy which is now sought to be The motion was agreed to; and the Senate resumecl the consjdem abolished by the honorable Senator from .Maine. tiou of the followjng resolution submitted by .Mr. HAMLIN, April 29: The power of impeachment is given by the Constitution to the House of Reprer;entatives, and the power to try ail impeacbruenta is given Resolved, That Rules 19 and 23 of procedure and practice in the Se.nate, when to the Senate; but we have no rules to guide us except what we de sittmg on the trial of impeat:hments, uo amended to read as follows: XIX. At all times wWlo the Sena.t.a is sitting upon tho trial of an impeachment rive from the English practice or such as we may originate ourselves. the <1oors of the Senate shall be kept open. Iu the English House of Lords there is an element that does not exist XXIII. AH t.he orders ana decisiOns shall be made and had by ye:ts anrl nays, here. They have their law lords, to whom all cases of law are re which shall be entered on tho recm'd, subject, however, to the operation of Rule 7, ferred; and it was the practice in tho Hastings trial, whenever ale~al null in that ca.s6no member shall speak more than once on one question, and for not mtn·e than ten minutes on an interlocutory question, and :for not moro than fifteen question was presented, either of evidence or pleading, to retire from minutes on t.he final question, unless by consent of the Senate, to be had without the hn,Jls of Parliament to take privately tho opinion of the judges 1lobat.e ; but a motion to adjourn may be decided wi thout the yea.'! and lh'tys, unless behind the back of the prisoner in regard to th~ particular question they be demanded b.v one-fifth of the members pre. out. The fifteen minutes herein in dispute. allowed shall be for the whole deliberation on the final question, and not to the final question on each article of impeachment. I have said that that pmctice called forth one of the ablest pro tests that is to be found in the English langnage to-day as being utter Mr. THURMAN. Mr. President, most of our constitutions provide ly inconsist.ent with the principles of the British constitution aud tba.t courts of justice shall be open; that is, they shall conduct their ricrhts of the prisoner in thtLt case. But, sir, strange to say, notwith proceedings openly; buL I ne•er heard of a court in any country in st~nding the rights of the prisoner .were seriously involved, his leam the world thut conducted its deliberations in the formation of its ed counsel did not think it proper or necess.ary to interpose any ob judgment, in public. I never heard of a court in which~ jury was jections to the adoption of that despotic rule. What reason was reqnired to discuss tbe case in public. If the universal experience assigned for it f He was at the time a favorite of the Crowu; that of mankind ha.s been t.hat judges and jurors should consult in private waf> a trial which emanated from the Commons, representing the as to the verdict or judgrueut they shall render, I ca,nnot very well voice of the Brit.ish people, and it was sought to shelter hjm by the see that there is anything pecuJiar in the constitution of the Senate mantle of the Crown. It was not a proceeding that emanated from the sitting for t.he trial of impeachments t-hat should exempt it from this aristocracy, from the lords, but it emanated from the people, headed by general rule of convenieuce anO. propriety. On the other hand, it Mr. Burke andhisablea sociates. The distinguished counsel oftheac seems to me, with great respect for ruy friend who offers this amend cused, who made no opposition to the a{.loption of that ru:ie in that ment a.nd for any one who supports it, that nothing in practice could cn.se,"faHed to do it because they thought it would benefit their eli prove more detrimental, nothing would be more likely to be injurious ent, which it did. That trial lasted for seven years, and it was suffi to the character of the Senate or to the cool deliberation that is neces cient to break down any ordinary man, however innocent he might sa,ry to prevail in arriving at our jndgment; and I think, too, that have been; but it was the wish and purpose of the prisoner's counsel instead of being a saving Of time it woulcl have directly the oppo to continue it, and when the House of Commons, after it was over, site effect. or about the time it was on the eve of its termination, appointed a com As was well said yesterday by the Senator from Vermont, [Mr. ED- mittee, headed by Mr. Burke, to inquire into the causes of that greu t 1\IUNDS,] men are so con tit.nted that if one expr:es!'es an opinion, al delay, they made a report, which is here before me, which goes to though it be hastily expressed, he does not willingly forego that show that one of the reasous which contrjbuted to that dda.y waM opinion, he does not willingly admit that he wa in error, aud that is this practice of retiring and deliberating in secret npou the great especially the case if that opinion be expressed in public; and if he questions that from time to time came before the court. sees th'lt to give up his opinion or to modify it may subject him to a Mr. EDMUNDS. Wou1d it be convenient for the Senator to reatl charge of ill consistency, it becomes far more difficult for him to yield us the extract from the journal to which he refers of 1798, when this to reason and surrender a.n erroneous conception, and if be cl.o it still proposi t.ion was brought forward f the changing of opinions from time to t.ime upon further reflection is Mr. JO},~S, of Florida.. I have not that before me now; but I have calculated to injure the standing and dignity and reputation of the the eli · ent of the Lords here at hand, with Mr. Burke's report ex court. Hence, both for the preservation of that respect which is due plainin(J' the causes of the great delay, which will answer the same to the court, as well as for arriving at a sound conclusion, the tmi purpose~ The Lords who dissented from the adoption of that rule versal practice has been that th" consultations of the court shall be used this language: in private. First. Because, by consulting the judges ont of court in the absence of the par· There is still another reason, I may say, for I have had some expe ties, and with shut doors, we h:J.Ve deviatecl from the most approved, and almost rience about that. Courts after all are constituted of men and men uninterrupted, practice of above a century a.ml a h:tlf, and establishell a precedent only, with the infirmities that belong to other individuals; and the not only destructive of t.he justice due to the parties at our bar, but materially in· debates, even in a court of limited numbers and composed of men of jnrious to the right.'! of the community at large, who incases of 4tlpeachment,., are moreJ'eculiarly interested that all proceedings of thi::~ high court of Parliament age and of experience, are sometimes conducted with very consider about be open and exposed, like all other courts of justice, to public ob ervation able heat; their deliberations in private consultation, I mean. It is and comment, in order that no covert and private practices shonltl defeat the great not advisable t.ltat any such scenes should be enacted. It is not ad encls of public justice. · visable certainly that. this court, consisting of seventy-three members, Secondly. Because, from private opinions of the judges, upon private statements which theparties have neither heard nor soon, grounds of a decision will be obtain ell should exhibit anything like heat in debate upon tbis case. Dut if wbicn must inevitably affect the cause at issue at our l>ar; this mode of proce etlin~ we are to rliscuss in this large Chamber all the questions that arise iu seems to be a violation of the first principle of justice, inasmuch as we thereby fol'(:e this trial, it will be impossible to avoid that heated debate which and confine the opinions of the judges to our prh-ate statement, and thro~h the ought not to prevail in a court. medinm of our· snbsequent decision we transfer the eft~ct of those opinions to the parties who have been deprived of the right and advantage of being heartl by such I hope, for all t.hese rea ons, as well as those that have been given prfvate though unintended transmut.1.tions of the point at issue. by others, that this amendment will not be adopted. Mr. EDMUNDS. Mr. President, in order to test the sense of the Mr. Burke, in his report to the House of Commons on this s~bject, Senn,te, I move to postpone the resolution indefinitely. says: The PRESIDENT p1·o tempore. The Senator from Vermont moves Your committee is of opinion that nothing better coulcl be devised by human wis that the resolution be indefinitely postponed. dom thau argued judgments publicly deliv~,1'e(l fo~ preserving unbrolmn t~e grcal, Mr. EDMUNDS. On that motion I ask for the yeas and nays. trn.ditionary oorly of tho law, ancl for markin... , while that great body remmned un altered, every variation in the applicati?u~ 8 the construe~ on of particular parts; The yeas and nays were oruered. for pointing ont the ground of each vanattOn, and for elh'\bhng the learner\ of the Mr. JONES, of Florida. Mr. President, it may be well to look into bar and all 'intelliaent laymen to distin):{uish those change.~ matlo for tho atl mnce the history of this practice before we take the vote npon the ques ment of a. more s~id , equitable, and subst.'\ntial justice. according to the variable tion now before tho Senat-e. I have felt enough interest in the ques nature of human aft'a.irs, a pro~"''essive experience, aml the improvrment of moral philo. sophy from those hazardous changes in any of the ancient opinions and decis tion to go back beyond our own times to ascertain how this practice Ions, which may a lise from ignorance, from levity, from fa.lse .refi~ement, from a of secrecy originated. I find in tbe recorus of the Senate as. early as spirit of innovation, or from other motives of a nature not more J nstlfmhle. 2868 CONGRESSIONAL RECORD-SENATE. MAY 2, Your committee, finding this course of proceeding to be concordant with the In the same year, Lord Mohun was brought to trial upon an indictment for mut.· character and spirit of onr judicial proceeding, continued from time immemorial, der. In this single trial a. greater number of questions was put the judges in mat supported by arguments of sound theory, and con6rmed by effects highly beneficial, ter of law than probably was ever refeiTed to the judges in an the collective body could not see without uneasiness, in this great trial for :Indian offenses, a marked of trials, before or since that y eriod. That trial, therefore, furnishes the largest innovation. Against their reiterated requests remonstrances, and protestations body of authentic precedents m this point to be found in the records of Parliament. the opinions of t.he judges were always taken secretly. Not only the constitutional The number of questions put to tile judges in this trial was twenty-three. They publicity for which we contend was refused to the request and entreaty of your all originated from the peers themselves; yet the court called upon the party;s committee, but when a. noble peer, on the 24th of June, 17~. did in open court de counsel as often as questions were proposed to be referred to the judges, as well as clare that he would then propose some questions to the judges in that place, and on the counsel for the Crown. to argue every one of them before they went to those hoped to receive their answer openly according to the approved good customs of learned persons. Many of the questions ·accordingly wE're argued at the bar at that nnd of other courts, the lords instantJy put a. stop to the further :proceeding great length. The opinions were given and argued in open court. Peers fre by an immediate adjournment to the chamber of Parliament. Upon this adjourn quently insisted that the judges should give their opinions seriatim, which they ment we find by the Lo,.ds' Journals that the house, on being resumedJ ordered did always publicly in the court, with great gravity ancl dignity, and greatly to the that "it should resolve itself mto a committee of the w bole house on Monoay next, illustration of the law, as they held ana acted upon itin.their own court. to take into consideration what is the _proper manner of putting questions by the Lords to the j ndges and of their answermg the same in judicial proceedings." The Mr. THURMAN. Will the Senator tell us whether or not that lan house did thereon resolve itself into a committee, from which the Earl of Gallowa:v, guage, that the opinions were argued in open court, means anything on the 2Clth of the same month, reported as follows: "That the bouse has, in the more than that the answers to the questions were given and the rea trial of Warren Hastings, esquire, proceeded in a regular course in the mann~r of propounding their qu~stions to the judges in the chamber of Parliament and in re son!! for them stated openly after the judges had arrived at their con cei ving thell' answers to them in the same place." The resolution was agreed to clusion f Is there anything to !.ihow that the judges did not confer by the Lords. before they stated their opinions and argued them, as it is said there, But the protest which I have just read was interposed o,gainst it. or gave the reasons for them 7 The committee of the Commons further say in this report : Mr. JONES, of Florida. Well, sir, the word "argued" here will pass for what it is worth. I have a right to pot my interpretation It appears to your committee that from the thirtieth year of King ChM"les ll upon it. I am free t-o say that I am of opinion, from reading this re until the trial of' Warren Hastings, esq., in all trials in Parlittment, as well upon impei\Chments of the Commons as on indictments brought up by certiorari, when port carefully, that it means that the whole proceeding was iu the any matt~r of law bath been agitated at the bar or in the course of trial hath been presence of the prisoner, in accordance with the spirit of the British st.-ted by any lord in the court, it hath been the prevalent custom to state the B:lme law. in open court. Your committee has been able to find since that period no more Mr. SHERMAN. Will the Senator allow me to ask him whether than one prec-edent (and that a. precedent rntber in form thMl in substance) of the opinions of thejud~es bein~ taken privately, except when the case on both sides the habit was not for the peers to refer certain questions to what are has been closed ana the loras have retired to consider of their verd1ct or of their called tho law lords, to resolve that the law lords be inquired whether judgment thereon. Upon the soundest and best precedents the lords have im· such propositions are the law, stating the propositionsseriatint t Were proved on the principle.e; and it is opposed to the whole body being otherwise done. There is a later authority in print that doth settle the point of precedents, commencing with tho trial of Lord Cornwallis in the so as I tell you-ancl I do conceive it ought to befoUowed; and if being safe for the reign of Charles II and coming down to t.he reign of George III. It prisoner, my humble opinion to your lordship is, that be ought to be present at is true that in the case of tho Duchess of Kingston there was an e;{ tM stating of the question." ception, and there was some considerable controversy in that case And he said- in consequence of the practice adopted by the court ; but in oraer to Call the prisoner. satisfy the public opinion of Great Britain it was found necessary * .. * * that the reasons for the judgment in that case should be spread upon Very soon after the trial of Lord Cornwallis the impeachment against Lorcl Staf the records of Parliament. ford was brought to a hearing, that is, in the thirty-second of Charlos IT. In that ca.'ie, the lord at the bar having stated a point of law, ''touching the necessity of Now what have we been doing uoder this rule here T Have we not two witnesses to an overt act in case of treason," the brd.hil!h steward told Lord endeavored to avoid giving reasons for our conclusions, a.nd have we Staftord that ''all the jud~es that assist them, and a·re here in your lordship's done anything more than come into court and give our conclusions, pruence and hearing, shonlu deliver their opinions, whether it be doubtful and dis leaving the reasons for them behind us, at least away from the re putable or not." Accordingly the judges clelivered theit· opinion, and t'ach argued 1t (though they were all agreed) seriati·m ;~.nu in npen court. spondent and his counsel 7 Mr. Burke further says, in speakina of the court of star chamber, that they did not dare to conceal their Each judge argued his opinion upon that important point of law judgments or the reasons for them: in open court. Your committee is very sensible, that antecedent to the great period to which Another abstract point of law was also proposecl from the l)ar on the same trial, they refer, tlJere are instances of questions having heen put to the judges privately. concerning the legal sentence in high treason; and in the same manner tho judges .But we find the principle of publicity (whatever variations from it there might be on reference delivered their opinion in open court; and no objection was taken to in practice) to have been so clearly established at a more early period, that all the it, as anyt.hing new or irregular. judges of .England resolved, in Lord Morley's trial, in the year 1666, (about twelve In the first of James IT came on a remarkable trial of a peer, the trial of Lord years before the observation of Lor.l Nottingham,) on a supposifion that the tri.•l Delemere. On that occasion a question of law was stated. There also, in con should b.:J actually concl~d , and the lords retired to the chu.mber of Parliament to formity to the precedents aml principles given on the trial of Lord Cornwallis, and consult on their verdict, that even in that ca.ae (much stronger than the observation the precedent in t.he impeachment of LOrd Stafford, the then lord lligh steward of your committee requires for its support) if their opinions should then be clo· took care that the opinion of the judges should be given in open court. manded bv the peers, for the informatiOn of their private conscience, yet they de· termined that they should be given in publio. 'l'his resolution is in itself so solemn, Mr. THURMAN. May I ask the Senator from Florida if that was and is so bottomed on constitutional principle and lt>gal policy, that your commit not after the judges had formed their opinion ; simply the delivery tee have thought fit to insert it verbatim in their report, as they relied upon it at of their opinion 7 the bar of the court when they contended for the same publicity. 111r. JONE~, of Florida. No, it was not so in the case that preceded And so it was in the great contest about ship-money-a controversy it, because the report says they ar~uecl their opinions in open court, so that involved more serious consequences than any cause that ever that the Yery point ~as made which is suggested by the Senator. was tried in England. That cao86 was argued in open court, and the Precedent~ grounded on principles so favorable to the fairness aml equity of judi opinions of the judges were argued in open court; and we are told by cial proceedings given in the reigns of Charles IT aml Ja:nes IT, were not likely Mr. Burke .that the great historian, Lord Clarendon, said iu his day to bo abandoned after the revolntion. Tho first trial of a. peer which we find after the revolution was that of" the Earl of Warwick. that it was a fortunate thing for the people of England that the In the case of the Earl of Warwick, 2 William ill, a question in law upon evi joclges in that case gave the reasons for their judgment, because they dence was put to the jud~es; the statement of the question was made in open court showed to the whole world and to the people of Great Brit.ain that by the lord high stew1~rd, Lord Somers- that which t.hey stated as law from the bench wa~ not law; and it led Than whom a greater lawyer nevor lived- afterward to a change, and a change in favor of the people who finally vindicated their rights by revolution. · if there be six irr company and one of them is killed, the other five are afterward in dicted and three are< tried ancl found ~:uilty of manslaughter, and upon their prayers The PRESIDENT p1·o tempore. The morning hour has expired. have their clergy allowed and the burning in the hand i3 respited, but not pardoned, Mr. HA.l\1LIN. I hope the S~oate will conclude to dispose of this whothnr any of the three can be a witness on the trial of the other two ? matter at this time. I do not think it will take long. I ask that its Lor :Mr. EDMUNDS. I ask that the Senator from Florida have leave there was a kind of equity in allowing t.hat business to be disposed to concinde his remarks. That is the usual courtesy, certainly. of after -having been partially considered before the silver bill was The PRESIDENT pro tempo1'e. Is there objection to the Sen..'ttor pressed. It seems to me when that is done we shonld dispose of that from Florida concluding his remarks ' The Chair hears none, and question, the silver bill, and then take up the proposition of the Sen the Senator from Florida will continue to occupy the floor on the ator from California. But if we take up questions of this kind in an re~:~olution before the Senate. irregular way, discuss them a while, and then put them away for an Mr. JONES, of Florida. Now, sir, I do not deny that I had in view other proposition, and another, and still another, the time will soon the practice in cases of impeachment that had pa-ssed llefore my own come when the appropriation bills will be reported, and then all these eye; and speaking by the record in the case which is now before us matters will be all n.like unconsidered or put aaide. I hope, therefore, as a hlgh court I will draw the attention of the Senate to what bas that the Senator from New Jersey will be allowed to finish his Jap passed in the secret chamber, toshowthat theprincipleinvolvedhere ::mese bill and get it out of the way; I think it will not take long; is one of grave importance. and then let us proceed with the consideration of the silver bill. I On one occasion we reti,red from this body for the purpose of con am in hopes that the Senate will be able before we proceed with the sidering an order introduced by the Senator from New York [Mr. impeachment trial to dispose of that bill. Although I shall probably CONKLING] and an amendment by the Senator from Vermont, [Mr. aid the Senator from California at any time tha.t it is convenient to EDMUNDS.] That was the question stated.here in the presence of the go on with the consideration of the su.bject he discussed yesterday, I accused and of his counsel; and I suppose that the accused and his do not feel at liberty to do so now. counsel thought that when we retired to our conference chamber be Mr. SARGENT. I appreciate the indulgence of the Senate yest.er hind us we should be confined to that resolution and that amendment ; day and I do not know that I ought to interfere with the business, but, sir, the record shows that after we were in there, after we had but I do feel, I must confess, very much like fighting hard on this retired to that conference ch~mber, the distinguished Senator from proposition. I trust Senators will not think me unduly impatient or Ohio [Mr. THUIUUAN] introduced an amendment to the amendment of that I wus unduly impatient yesterday, but I tried to portray, I must the Senator from Vermont, that never was moved in this body at all. confess in feeble colors, the evils with which we are afflicted upon Mr. THURUAN moved further to amend the resolution by striking out r.llilier the the Pacific coast. I propose, however, this morning, on reflection and word "resolved"- on hearing the remarks of the Sennrtor from Ohio, to withdraw my After first moving- motion to have this resolution take precedence of the business which And whether the matters in support of the jurisdiction alleged by the House of was pending at the time it was injected, and I shall ask the indul Representatives in the pleadings subsequent to the articles of impeachment can gence of the Senat-e, and 8ha11 insist upon it strenuously as soon aa be thus alleged if the same are not a.ven-ed in said articles. the two matters referred to are disposed of, that this resolution be taken up and pressed to a conclusion. That amendment came up as a distinct proposition after we had The PRESIDENT p1·o tempore. The motion of the Senator from Cali left this Chamber, after we had left the presence of the accused and fornia is withdrawn and the unfinished business is before the Senate. his counsel and the managers of the House. I ask in all seriousness if it is competent to do that why may you not introduce any new PRESIDENTIAL APPROVALS. proposition after you retire from here in the absence of the parties, A message from the President of the United States, by Mr. C. C. and is that, I ask, in accordance with the practice of the criminal law Sl'I'IFFEN, one of his secretaries, announced that the President had on in this the highest crip1ima,l court in the land f Is it competent in a the 29th of April approved and signed the following acta: case affecting the rights of the accused that you may go behind his An act (S. No. 608) to enallle Harvey Lull, of Hoboken, New Jer un.ck. and propose new propositions and new amendments, and debate sey, to make application to the Commissioner of Patents for exten them and discuss them there, without giving either him or his counsel sion of letters-patent for a self-locking shutter-hinge ; and an opportunity to be heard f I say that it is not in keeping either with An act (S. No. 760) to protect the public property, turf, and grass the spirit or the practice of our Jaws; and if this rnle is warranted in of the Capitol grounds from injury. impeachment cases I say it is time that the hand of reform was set at . MESSAGE FROM THE HOUSE. work to remodel our system of jurisprudence. A message from the House of Representatives, by Mr. G. M. ADAMs, I can see no harm which can come from this body debating in the its Clerk, announced that the House had passed a bill (H. R. No. 3356) face of the accused and in the face of the people. I believe that the authorizing the transfer of a certain appropriation; in which it re contrary practice originated in the rule to which I referred in the q nested the concurrence of the Senate. Hastings trial, and that it was in opposition to the voice of the best lawyers in that kingdom and to the principles established by the ENROLLED BILLS SIGNED. precedents of one hundred and fifty years. I shall therefore support The message also announced that the Speaker of the House had the honorable Senator from Maine in his efforts to change this rule signed the following enrolled bill~ and joint resolution; and they were aml re-establish what I believe to be the true principles of the Con thereupon signed by the President pro tempore: st.itution. A bill (H. R. No. 1251) to exclude the States of Missouri tmd Kan ORDER OF BUSINESS. sas from the provisions of the act of Congress entitled "An act to The PRESIDENT pro tempore. The unfinishe1l business of yester promote the development of the mining resources of the United day is before the Senate, being the uill (S. No. 6~6) in relation to the States," approved May 10, 1~2; Japanese indemnity fund, which the Senator from California [Mr. A bill (H. R. No. 1595) for the relief of John T. Burchell, of Knox SARGENT] moved to postpone. ville, Tennessee, for services rendered the Government in a small-pox: Mr. SARGENT. I understood that when the Senate adjourned last hospital; and . night the unfinished business was, unless otherwise ordered by the A joint resolution (H. R. No. 99) concerning special-tax stamps. Senate, the resolution which I offered on the 20th of April. THE CENTENNIAL EXPOSITION. The PRESIDENT pro tempo,.e. The Chair understood that by gen The PRESIDENT pro tempore laid before the Senate the following eral consent this bill should be considered the unfinished business message from the President of the United States: and that the motion of the Senator from California to postpone should be entertaine(l in order to allow the Senator to snbmit his remarks. To the &nate: Mr. I tran_smit herewith, for the information of Congress, a report of the president SARGENT. Not merely for that purpose. The bill was taken of the Centennial Commission upon the ceremonies to be observed at the opening up, and the Senate, it was stated, would afterward decide whether of the exhibition, on the lOth instant. It will be observed that an invitation ia the discussion should continue to final action or whether it should be therein extended to Senators and Representatives to be present on that occasion. laid aside. I think ~am correct in my recollection of it from referring U.S. GRANT. to the RECORD of this morning. WASHINGTON, May 1, 1876. The PRESIDENT pro tempore. The Senator from California moved Mr. MORRILL, of Maine. I move that the message lie on thB to postpone this bill and all prior orders. table and ~ printed. Mr. SARGENT. I did. I am willing that that motion should be The motion was agreed to. considered now. JAPANESE INDEMli.TrY FUND. The PRESIDENT pro tempo7'e. That is the way the Chair states it. The Senate, as in Committee of the Whole, resumed the considera Mr. SARGENT. That motion has not been decided. tion of the bill (S. No. 626) in relation to the Japanese indP.mnity The PRESIDENT pro tempore. It has not been decided. The Chair fund, the pending question being on the amendment proposed by the is correct that the unfinished business is __ called up, which is Senate Senator from Connecticut, [Mr. EATON,] which was to strike out in bill No. 626, and the Senator from California moved a postponement section 1, lines 6, 7, and 8, the words: of the unfinished business and all prior orders for the purpose of con sidering the resolution which he introduced, upon which he submitted H not incompatible with the relations of the United States to other powers. remarks. The question now is upon the motion to postpone the un Mr. FRELINGHUYSEN. Mr. President, I had not intended to finished business and all prior orders. trouble the Senate with any remarks on this subject. Having made Mr. SHERMAN. It is manifest that if we adopt the proposition a report in favor of the bill, I proposed there to leave the measure; of the Senator from California, we shall get ourselves into confusion. but finding that there are some Senators, distinguished alike for their There are now two matters pE'Inding before the Senate which have regard to the national honor and for their care of the public Treas been partly discussed. The silver bill I suppose is really the unfin ury, who have doubts in reference to it, and as this is the voluntary ished business, but by arrangement the Japanese indemnity bill was payment of a large sum of money, I think it right that I should briefly taken up simply because it had been previously partially considered and plainly state the reasons why the United :states should not retain and discussed before the silver bill came up. I felt therefore that the Japanese indemnity fund. 2870 CONGRESSIONAL RECORD-SENATE. MAY 2, We all know, sir, that for centuries the Japanese looked upon in To these causes of the discontent of the daimios have soon been added the increase of taxes and other exactions imposed on them under the pretext of providing for tho tercourse with other nations as destructive of their prosperity. They defense of the country. feared that if the Anglo-Saxons gained a foot-hold in their country This hostile attitUde bas boon the more clearly clcfined from the Tyooonsltip they would sulJjugate them, or that they would at all e\'cnts make having just passed into weak hands, and the best JrUar:.tntee of its power was given their wealt.h tribn t:uy to them ; and it seems to me tha.t for that fear up when the da.imios, whom it was the custom to' keep in Yedo as hostages, were there is some apology in the history of Great Britain in the oriental allowed to retire to their territori e.'!. These elements of opposition have nat.nrall y been concentrated rouud the .Mikado, who can at his pleasure resume the excrci~e world. Intercourse with foreigners is repulsive to their tradit.ions, of power which hil:; ancestors aml himself had simply dele~a.tetl. their tastes, and their pride. Such, without multiplying words, was The members of the high aristocra-cy could not allow thi.'l occasion to pass with the state of public sentiment. Now let us look for a minute at the out taking revenge for the long domination of a dynasty, thefoumler of which llall not governmental :md political condit.ion of that country. . e>en been their equal in rank; and thl'y have put aside their respective rivall'ie:;~ in order .to com~ine aml m?re eff~tually to attack the reigning Tycoon on tho forei~n The universally acknowledged sovereign of Japan was the Mikado. question as hts weak pomt. He claimed hy hereditary snccession, commencing prior to the Chris And the uispatch of Sir Rntherford Alcock to Earl Russell, of An tian ·era and continuing for twenty-five centuries. The commander gust 25, 1864, (page 86 of the British State Papers of 1865.) That in-chief of Ja.rmn was the Tycoon, who bad held his position by suc dispatch is as follows: cession for a.bout two centuries. He was the executive of the gov .A. fixed resolve to effect the ~x:pulsion of forei!mers from Yokohama., and a stop ernment. Thus there seemed to be a dual government, the Mikado page of their trade, by the old system pursued with the Dutch, prevails at the court having his conrt at Kioto, in the northwestern part of Japan, and the of t.he Mika.tlo. .A.rJOwerful conf&leration of daimios exists for the declared pur Tycoon having his court at Yedo. The Tycoon, partly lJecanse he pose of snpporting au . Not, therefore; for the puryose of acquiring aD;\' rights or privilflges for t.bem· States demanded. We had no possible claim against Japan at t.hat selves, but for the preservatiOn of tho ancient JX?lity and laws ?sed by the That is, the burning of.the legation at Yello- Mikado with thoRe assumed w1th the treaty powers. Ihetr representatives, appre bas been}laid; and. notwithst.audiug former declarations that. it would l>e a diRl!fllCe ciating the difficulties of your position, ~ave been disposed to,exerciso great ~od to admit it, it was declared t() boa just claim, and conceded nt once without he.~i· eration aml forbearance. But your maJestv must now be sa1JR~ed that the t1me tation or clela:v. has arrive(l when it is ne(\essary for yon to declare that the treahes must and shall The govern'ment placed in my hand a letter drawn by myRclf, in which they said be faithfully observed and to abandon all half-way measures. that they had directed the governor of Kan.agawa., on the 5th of September, to pay Among these outrages, they burned down the British legation; they me the sum of $1,200- burned the American legation at Ye<.lo. On t.he 16th of June, 1853, It ought to be $12,000- the American steamer Pembroke, a merchantman, passing through principal anrl interest of the Pembroke claim, amlin whicb they stated that if not paid on that day on the production of my lett()r it would be receiYable for all pub· the Straits of Simonoseki, was fired upon from the rebel batteries. lie dues to said amount. This was done by the rebels in dcfi::mce of the government of Japan. The topmast of that ship was carried away, and she was otherwise And on page 541, in a letter of :Mr. Pruyn to Captain Cicero Price injured. This insult to our flag the Wyoming properly punished. It of the Jamestown, he says : is worthy of remark t.hat the Wyoming contended against a vastly The Japanese government havin"' arranged to my satisfaction the claims ~hich I had been instructed by the President of the United States to make upon it, it is superior force. The daimios had erected their batteries sevent·y feet my pleasant duty to acknowledge the great assistance which yon so promptly ren· above the level of the sea; they had purchased war vessels and had flered me in bringing the negotiations to a. successful termina-tion. them there, to wit: the brig Alert, clipper-built, twelve guns, a fast That letter is dated in August, 1863. Tllis attack by the foreign sailer, costing some $4fi,OOO; the iron British steamer Lancefield, Rbips of the allied powers on Japan was in September, 1~64, and at which cost ~160,000; the American bark Webster, which cost 2'2,000; that time we had destroyed vessels and property to the amount of and the American hark Lanrick. It i& important to observe the char $350,000, killed forty men, had been paid every farthing we demanded acter of the force with wbic.h the "\Vyoming contended, because the for the damage to the Pembroke, for the burning of the legation, and amount of prize-money, if any, tha.t she would under certain circum every other possible claim the United States made. Was not the flag stances have be"'n entitled to under our law depends in a degree on vindicatecl f Was not the acconnt squared f Did they owe us ono that fact. farthing f In September, 1864, the United States, having no demand, The Wyoming on the 26th of June, 1863, mn close along the bat-· joined with tho allied powers in the attack on the batteries in a sea t.eries and shelled them. Men were seen to jump from the heights where a ship of war had no right to float. The rehel batteries were iuto thE\ sea. She made her course between the two vessels which still on the heights of the Straits of Simonoseki. On the 15th of were there, the Lanrick and the Lancefield. She sent a ball through August, 1864, the representatives of the allied powers instructed the the stern of the La.nrick and sank her. She sent another ball through naval officers to attack those batt.eries, and, if the batteries did not fire the boiier of the Lancefi.eld, and produced an explosion by which, upon them, notwithstanding to make the attack and to destroy them. according to the report, some forty men were killed. Mr. George S. This is seen in the British dispatch, page 80, signed by onr minister: Fisher, our consul at Yokohama, says the Yessels and property de 'l'he undersigned, representatives of t.rea.ty powers, having met aml taken into R~royed, besides the loss of life, were worth $350,000. All this appears c.ousideration tlle copy of a minute showin.~ tbe rtl8ult of tlie deliberations of the l.>y the following dispatch of Mr. Pruyn to .Mr. Seward, in the srcond commanding officers of the respective naval forces assembled at Yokohama, and folume of the correspondence of 18li3 and 1864, pages 1132 and 1133 : si~ed on tlie 12th instant, have !\greed as follows: · 1. To inform the commanding officers aforesaid that they are entirely relieved My anxiety was relieved by the return of the Wyoming early in ~he morning of from all responsibility with regard to the defense antl security of the settlement. tho 20th instant. 2. To request them, in conformity with the programme of the policy set forth iu From a copy of thfi report to the Secretary of the Navy, with which I have been the memorandum of the undersigned, dated the 22<1 of July last, to proceed with furnished by Commander McDougal, it appears he en~recl the sb'aits ou the lGth all convenit>nt speeu to open the Straits of Simonoseki, destroying ancl disarming instant, from 1be eastward, passing up the Bun go c1bannel. When the Wyoming was the batteries of t.be Prince of Chosbu, aml otherwise crippling him in all his means 6ecn approacbin:r. a si~al gun was fired from the fil;st bafte;y. As she rounded of attack; to inform tl..Jem that the political situation remlers it desirable that the point tho steamer Lancefield, of four guns, tlJe bng Lannck of ten guns, and there should be no con:;iderable delay in the commencement of operations. a bark offour guns, were seen anchored oppositetb.evi'ilageof Simonoseki. All six 3. In the possibilit.v of the Prince of Cb.oshu being intimidated by the imposing of t11e batteries fired on the Wyoming as sbcsteamed past them, carrying the na nature of the force brought against him, and not firing, to request the naval offi tion nJ flag after the first battery had fired-the Wyoming reserving fire till she cers notwithstanding to destroy the batteries and take such means as may bo reached the ships. deemed practicable t() secure a materin.l guarantee against any future hostillties By skillfully a;voidin~ the main channel on which the guns of the batt~ries were from the same quarter. trained, and .Keeping close to tho batteries, the shot and shell mostly passed over 4. To request them to avoid entering into any negotiations with the prince, re the vessels, only damtt.~Ting the riggin~. Approaching the vessds, against the Ie· serving the solution of all ulterior questions to the action of the Tycoon's govern monstrances of the Japanese pilot, who declared he would run aground, Captain ment in connection with the foreign representatives. McDougal carried the Wyoming between the bark and brig on tlleonesideanrl the 5. To sngg»Qt that any demonstration of force in the vicinity of Osaka be avoided, steamer on the other, receiving fi·om and deli verin~ broadsiues into each of the ships. n.a possiulv giving ri e to some new complications and in ordel" not to change the It was at this point the W~ominl! was mo t under tire. Puttiul! the ship about.. he cbar·acter.of this expediti.on, which ougb.t to be regarded no otherwise than as a sent three eleven-inch shells into tl1o Lancefielrl, the last of which exploded her chastisement t~ be infi.icted on au outlaw or a. pirate. boilers, and she was then run aground. The lJrig Lanrick was sinkin"' as thfl Ws- 6. To request the commanding officers to secure the return to Yokohama. of such oming left, and the bark bacllv injured. The Wyoming then rctumecfthrongh the part of the squa{lron as ma.y uot be required for the maintenance of a. free passage straits, pouring shot and shell into the batterie~. The steamer Lancefielcl had the as soon as the operations here contempla.tecl shall have been completed. Japanese flag at the J>t>ak, but quickly lowered it. The other ''essels carried both Signed this 15th day of August, 1864, at Yokohama. the flag of Japan and tllat of the prince. RUTHERI<~ORD ALCOCK, I re~Q:et to have to say that this success was attended with the loss of four sea Htr BritannicMaip;ty's Envoy Extraordina"1J men killed and seven wounded, one of whom has since died. and .M1 m. When you come to t.he case of the Pembroke it is entirely different. So I say that when this expedition took place in September, 1864, There usage had established the right of the merchantman to pass Japan did not owe us a farthing ; she,.hau paid everything. And she t.hrough those waters, and consequently t.he Wyoming is to be com- owed us nothing after the expedition of 1864 waa over, unless the· mended in vindicating that right. . expense of chartering the Takian~ and her expenses are a proper The expedition on the 5th, 6th, 7th, and 8th of September, 1864, subject-matter for charge, and I thmk they are not. · made their attack upon the batteries. The United States had no in Mr. President, onr resident minister at Japan, Mr. Pruyn, writes to sult to avenge, no indemnity to claim. Against the entreaty of a Mr. Seward on the 29th of October, 1864, that he is uot satisfied with friendly power this attack was made. When this expedition was this convention. He says in his letter that he would have preferred over, immediately before the treaty of October, 1864, under which we two million to three million; strange preference if our claim is just. received in gold $785,000, Japan was under obligation to pay us for He says that that $3,000,000 was claimed uy this treaty, which by its nothing unless she was under obligation to pay us for the expense of very terms is for indemnity in order that the sum might be an in the unlawful attack of September, 1864. The expense of that attack ducement to the Japanese to open to our country other ports, there to the United States wasabout$12,000, not $785,000 in gold, as appears being a llrovision in the treaty that if J apa.n would open other ports by the Diplomatic Correspondence of 1864 and 1865, pages 540 and 579. they need not pay the 3,000,000. Here is a treaty of indemnity Mr. Pruyn in writing to Mr. Seward, page 580, states the charter made exorbitant, made more than our minister says it ought t.o have party for the Takiang. The sixth provision reads thus: been made for 785,000 when they did not owe us in any view bnt The said parties of the second part do engage to pay to the said party of tl:(' first $11,348, so that in order to get rid of the exaction Japan would open part., for the charter or frei,ght of said Takiang dnrmg the voyage aforesairl, which the ports which they had a perfect right to keep closed. Then he says shall not exceed the term of one month from the date hereof, the sum of $!),500, law that the United States is to be paid rather for the moral support than. ful gold coin of the Unitetl States, in their draft at thirty Jays' sight on the Secre tary of the Navy of the United States, or on the Secretary of State of the United for the material aid that t.he Takiang afforded. States. Mr. President, what is the pecuniary price that the United States And on page n81 our consul makes the bill of items of the additional ask for the moral support which is put forth against the remonstrances expense, English coal, for fuel, $630 ; Japan coal, &c., making the of a frieudly power for the promotion of our own interests f We whole sum $L,t!48. So the whole amount would be $11,348, for which should not charge too highly for moral support, when the expedition we received $785,000. · which is to render it gives it in the very face of the entreaties for a few Now we come to the treaty which was thus exacted. The treat.y is days' delay from a friendly power. found in volume .14 of the Statutes at Large, page 665, and provides The following is from Mr. Pruyn'sletter to Mr. Seward, Diplomatic thus: Correspondence 1864-'65, pages 581, 582 : The representatives of the United States of America, Great Britain, France, ancl The British minister and myself, prior to meeting tho Japanese commissioners, the Netherlands, in view of t.he hostile acts of Mori Da.izen, prince of Na~ato anti had 1\f!I'eed on $2,000.(100 as tho sum to be paid, and would have had no difficulty in Suwo, which were assuming such formidable proportions as to make it difficult for its tlivision among the powers interested. But some difference was suggest~d as the Tycoon faithfully: to observe the treaties, having been obliged to send their likely to arise from the considerations whether the moral support afforded was not combined forces t.o thfl Strait.s of Simonoseki in order to destroy the batteries entitled to weight in such adjusbnent, and I did not feel t-hat it waa incumbent on erected by: that daimio for the destruction of foreign vessels anti the stoppage of me to interpose any objection to this view, as the moral support afforded by t.he trade; and tho government of the Tycoon, on whom devolved the duty of chastis United St.'\tes was considerably in excess of the material support I was enabled to ing this rebellious prince, being held responsible for any damage resulting to the ~ve. I therefore readily agrce ~rr. EDMUNDS. I believe not. I should like to make a motion not lie in onr mouths now to assert that she was not a vessel which that will bring up the whole bill for considerat.ion. would have been condemned if she _had been captured'-insl,ead of · Mr. THURMAN. Before that is done, I wish to move an amend having been sunk-and brought before a prize court. What did we ment. do in the case of the Alabama f Some people called her a pirate; a Mr. EDMUNDS. I was going to move an indefinite postponement. good many called her a pirate ; some people called her a belligerent; Mr. THURMAN·. I have no objection to t.be Senator making thn.t but, whether pirate or belligerent, we voted to the officers and crew motion. of the Kearsarge the full value of the ship; whereas in the case of a ::\1r. EDMUNDS. I move to postpone the bill indefinitely, and we pirate onr prize-laws provide only for giving one-half of the value to can test the opinion of the Senate on the general merits of it in that the officers and crew of the vessel that captures her, a.nd the other wav. half of the value the United States keeps. And this bill goes on that ~h. THURMAN. That leaves the merits of the bill open to debate principle. It does not do even that justice, for the vessels destroyed as much as before. by the Wyoming were valued, according to the estimates, as is shown Mr. EDMUNDS. And if the bill should not be postponed, then it by these reports, at $350,000; and instead of giving $175,000, or one can be amended if amendment be deemed necessary. half, to the officers and crews of theWyoming and Takiang, you pro }lr. THURMAN. Yes. . po e only to give them $125,000; but in the case of the Kearsarge we 'lh:) PRESIDIKG OFFICER. The question now is on the motion gave the whole value of the Alabama and her armament to the officers of tLe Senator from Vermont [Mr. EDl\1UNDS] that the bill be post- and crew of the Kearsarge. poned indefinitely. . Mr. HOWE. Will th(\ Senator allow me a moment! Mr. THlJRMAl'f. I do not 1.Jlow, Mr. President, bow many reports Mr. THURMAN. Certainly. of committees who carefully examine a subject and report in bvor Mr. HOWE. Does he underst.and that these vessels, which were of a measure are necessary in order to secere the approbation of the sunk in 1863, constituted any pa.rt of the consideration for which this Senate. In this case I hold in my hand five reports, the expression mon.ey was paid! of the unanimous judgment of five committees, three of the Senate :Mr. THURMAN. I do say that, but for the ga.llant act of McDougal and two of the Honse of Representatives-opinions formed, vs the re and Pearson in the Wyoming anu: the Takiang, you would not have ports show, after careful investigation of tbis subject, and opinions bad your $500,000, a part" of the $3,000,000. which are all in favor of a measure like that which is now before the Mr. HO\VE. I do not understand that the Wyoming took part in Senate-all in favor of allowing to the officers and crews of the Wy the attack in t.he Straits of Simonoseki at all. oming and the Takiang an allowance in analogy to an allowance for Mr. THURMAN. Then my friend hllB not read any one of these prize-money where the piratical vessel is captured, brought into por~, reports. and condemned. There has never been an adveri'le report upon this Mr. HOWE. I am not sure that I h·ave; but I have read several subject. . There has never been a committee that bas examined it other things, anu I think the Sen!l.tor will find that the Wyoming was that was not struck with the justice of the proposition, and conse not there at aU. q nently it has a.l ways lJeen reported favorably from the committees Mr. FRELINGHUYSEN. The Wyoming made her attack on the that examined it, and I believe without ex:cf'ption unanimously. 26 t;h of June; she shelled the batteries; she destroyed the Lancefield; Why is it that it bas thus been reported T Because, first, the thing is she destroye ciples of public indemnity, and that we did not exact any exorbitant excepting at one north western point, averages more than twenty-five sum. miles in width, like the English Channel and the Straits of Dover The effort to open Japan, to say nothing now of China, to the in connecting the Atlantic with the North and the Arctic Seas, except fluences of civilization and of trade has been a long one. A gteat ing that the Straits of Dover happen to be fifteen to eighteen miles many years have been occupied by what are called the treaty pow wide at the narrowest place, w bile this a.t the narrowest place is, as ers, the Dutch, the French, the English, and ourselves, and others, my friend says, only a mile or half a mile, whatever the distance may in endeavoring to persuade that people to enter into relations with be, much less than sh, which is all that is necessary for my purpose. us and to allow our citizens and subjects the same rights of personal Therefore, as I understand the principles of public law settled by the freedom and liberty in that country that theh· subjects would enjoy writers on public law, it is the right of every ship that sails the seas in ours respectively. More than twent.y years ago, in 1854, we en to pass through those straits unstopped by batteries or any other or tered into a treaty with Japan which was designed to accomplish that der of the country that happens to lie upon the side of them. It is object. That treaty provided for freedom of trade and intercourse not like a great bay or a sea that is inclosed, entirely without exit, and the security of private rights, subject to limitations; but in the within the dominions of a particular government; but it is a passage treaty it wa"'' provided that two ports, Simoda and Hakodadi, should way, a highway, that connects two great public seas over which no be opened, one immediately and the other one year afterward, which nation individually baa any exclusive jurisdiction whatever. That would be in 1855 or 1856. There was great delay and difficulty in re was the nature of this passage, and through it, to say nothing of pub spect of doing even that. Under a kind of two-faced policy, which lic right, in order to enjoy the rights that the treaties gave to the seems to have cha,racterized the government of that country, as it citizens of the United States of trading at these various ports, it was does indeed the governments of aU Oriental peoples, without excep necessary and useful as a matter of safe and convenient navigation tion almost, the Japanese were disinclined, although very ready to to pass through this strait of Capellen and the Straits of Simono ma,ke a treaty, to take any steps to make any one of its provisions seki to reach these va1ious ports. My honorable friend says that the re3J1y effectual to the purposes for which they were designed. So port of Hiogo is at the southern or southea"''tern outlet of this strait. the thing ran along unt,il 1857, when we made a revised treaty with At the southeastern part the strait is more than thirty miles wide. that country by which it wa"'' provided that another port, Nagasaki, Nagasaki, another open port, is on the opposite side of the southwest should be opened. Other provisions were made in respect of the ern island that composes the empire of Japan, and any prudent saiJor rights of consuls and in respect of the rights of American ships re or ship-master, in reference to the particular climate and the typhoons sorting to these ports, now free, that should be opened to American of those seas, would naturally and always almost, certainly for half commerce. The next year afterward, in 1858, we made still another the year, in going from Hiogo to Nagasaki, over on the southwestern treaty, the former one seeming to amount to nothing at all, under side, would go through those seas, the distance being but very little w hicb l>,v the third article there were to be opened the following ports: greater than to go around the southern end of the island, going In addition to the ports of Simoda and Hakodadi, the following ports and towns around which he is exposed all the time to the dangers of the great shall be opened on the dates respooti vel,v appemled to them that is to say: Kana ocean. That was the condition of things. gawaon the 4th of .July, 1859; Nagasaki on the 4th of July, 18,j9- Before I leave that topic, I wish to call the attention of the Senate Although by a previous treaty they had engaged to open that port and of my honorable friend from New Jersey to what is said. by writ already, but had not done it- ers on public law upon the subject of the public rights of all nations to straits of this character. Vattel, on page 130, says: Nee-e-got.'l. on the tat of .January, 1860; Hiogo on the 1st of .January, 1863. All we have said of the parts of tho sea near the coast, may be said more partic The port of Hiogo was opened in 1866 or 1858, as my honorable ularly, and with much greater reason, of roads, bays, and straits, as still more ca friend from New Jersey stated, if I correctly understood him. pabln df bein.,. possessed, and of greater importance to the safety of the country. But I apeak of bays and strait.s of small ext~nt, and not of those great tracts of sea Mr. FRELINGHUYSEN. The Senator did correctly understand to which these names are sometimes given, aa ·Hudson's Bay and the Straits of me. I so stated and I still maintain that that is the position. The Magel!n,n, over which the empire cannot extend, and still less a right of property. treaty was made in 1863, but by a reference which I gave in my speech, and which I have not now before me, the port was not to be The Straits of Magellan, a"'' every school-boy knows, are much shorter opened until 1868. That was afterward modified and it was opened and mucb·narrower, on the average, than this strait of Capellen which in lt!66. crosses the southern end of the empire of Japan between the Japa nese se:J~ and the Pacific Ocean. Mr. ED:\1UNDS. My friend will bear in mind that I am reading A bay, whose entrance can be defended, may be possessed and rendered subject from the treaty of 1858. to the laws of the sovereign; and it is important that it should bo so, since the .Mr. FRELJNGHUYSEN. I know. It was agreecl by the treaty of country might be mnch more easily insulted in such a place than on the coast that 11358 that that port should be opened. It wa"'' then extended to 1868, lies e>..'])oseu to the winda n,nd the impetuosity of the waves. and was not to be opened until then. I read this in order that Senators may see that I do not make an Mr. EDMUNDS. O, Mr. President, I will come to that. This is a extract that may be thought to present a one-sided view of the case. part of the story that my honorable friend forgot to call the a~ten I am reading the qualifications and the limitations on both sides of tion of the Senate to. I repeat that by the treaty of 1858, the mtifi the rnle. He proceeds: cat.ions of which were exchanged at Washington on the 22d of May, It must be remarked with regard to straits that, when they serve for a commu. 1860, before these dates, every one of these ports, including Hiogo, nication betwoon two seas the navigation of which is common to all or several na the last, was to be opened on or before the 1st of Jan nary, 1863; and tions, the nation which possesses the strait cannot refuse the others a passage when, in the year 11::!63, these difficulties took place that treaty wa"'' through it, provided that passage be innocent and attended with no danger to in force. My honorable friend says that by a subsequent arrange herseit. ment it was postponed. So it was, which merely illustrates what I 'l'hat was the sort of passage that the commercial marine of the was endeavoring to call the attention of the Senate to, that these United States were entitled to make through these straits. It was the people did not understand and did not in bet observe any treaty. passage that they were not permitted to make. They made treaties for the purpose of obscuring and delaying rights, Now, Mr. President, I call your attention an(] that of the Senate to instead of wi~h any intention of carrying their substantial provisions the observations of .Mr. Wheaton, and I read from .Mr. Lawrence's into effect. That was the situation; and they would have continued Wheaton, in order that it may be authority with all sides of the Senate: to make treaties with us year after year as often as we liked, so long Straits are passages communicating from one sea to another. If the navigation as they could avoid anything under them by making a fresh one with of tho two seas thus connected is free, the navigation of the channel by which they an extension of time and other provisions to take the place of the old. are connected ought also to be free. Even if such strait be bounded on hoth ailles by tho territory of the same soverei:ru, and is at tlte same time so narrow as to be That was the situation in 1863, when the first of these events took commanded by cannon shot from both shores the exclusive territorial ju.J;isdiction place. of that sovereign over such strait is controll;d bv the right of othernatiou~ to com The treaty of 1858 was a Ion~ one. It provided for the freedom municate with the seas thus connected. Such right may, however, be modified by of commerce and of trade, for mternational rights, the security of spooial compact.-Lawrtnce's Wheaton, p:1ge 320. · private and personal liberty, and the right to trade and to travel, \Ve bad not made any such special compact, neither had any of the with certain limitations which it is not necessarv to refer to. We treaty powers, (the Christian nations, as they are called in Japan, I made no treaty after that until 1864, after these difficulties had com believe,) to exclude our commerce from passage through these straits. menced, and as a consequence of the fact that the United States had Quite the reverse; we had undertaken year after year by treaty with undertaken by force to assert the rights that by public law and bv this empire to provide for commercial intercourse. We bad not un the treaty with this country it was entitled to enforce. I venture to dertaken to·provide for the passage through these straits, for the say, and nobody who reads the history of these Oriental nations can reason that ~y the settled principles of public law and the puhlic doubt it, I believe, t.hat, if we had not resorted to the only right there practice of all nations we had that right without any treaty. My is among nations for establishing the provisions of treatie~, and that learned friend from Wisconsin [Mr. HowE] recalls to my attention, is the exercise of power, not one of these ports would have been as an illustrative instance of what I am saying, the Straits of the opened to this day. Daruanelles and the Straits~£ the Bosporus, connecting the Medi Then let us see what took place in 1863 an£11864. The strait of terranean with the Black Sea, which are, it is true, in respect of Capellen, as it is called on the charts, anybody who will look at the vessels of war, closed under certain conditions to foreign powers, but maps will see is really a species of inland sea that cuts off the lower they are closed by special compact made with the Ottoman Porte, :md southwestern section of the island of Japan n.nd makes the em other nations having regard to the protection of the health of what pire of Japan really a series of two or three islands. This strait, the the Eumpean writers have called that'' sick man" in public law. northwestern entrance to which is called the Straits of Simoooseki, Mr. FRELINGHUYSEN. If my friend will permit me, I t.hink the connects the great sea of Japan, so called, and the Pacific, two oceans, case to which he has alluded, the Dardanelles, the Sea of Marmora, and that strait according to this chart and according to the atlases, the Bosporus, which connect the Black Sea with tho Mediterranean, 2878 CONGRESSIONAL RECORD-SEN .A.TE. MAY 2, is a case in point. Russia owns the territory bordering on the Black closed, no ship of war of ours that I know anything a.bont under Sea. It has, ns a necessity of commercial intercourse, to have connec took to go through. Whn,t our treaties with her entitled us to do tion between the Black Sea and the Mediterranean; but it has never 'Yas to trade, an.d, as an incident of trade, to pass through those pub been claimed that ships of war had a right to pass through those lic pa-ssages whwh connected two seas; and when at last the Pem straits and that sea. :From immemorialllsage it has been recogrrized broke, having m?re zeal th::tn discretion, n?dertook peaceably to go and it has been confirmed by the treaties down as late as 1856, that through the strruts, that her compeers seekmg commerce did not clare the Ottoman Porte had the right to exclude ships of war from those to do, she came to grief; and the first visit that I know of from these straits. I presume it has never been claimed as against Japan that documents th::tt any vessel of war of the United States made to these ships of war had a right to pass through these inland seas. straits was that of the Wyoming afterward to endeavor to obtain re Mr. ED~fUNDS. Now, Mr. President let my friend behold "how dress. So I need not discuss the question whether the vesse]s of war plain a tale shall put him down." It shall not be any tale of my of the United States are entitled of public right to go throuO'h or own, but that of Wheaton: not. We did not ask an indemnity becanse tbey had been refused. So lo'lg as the shores of the Black Sea were exclusively possessed by Turkey, I do not ~ow that they hacl been refused. Certainly, so far as the that sea. might with propriety be considered a. mare clatf,SUm. documents show, they never had undertaken to do it. When they Therefore, says my friend, so long as the shores of the Japanese went there on two occasions, one in 1863 and the other in 1864, it was sea bounded upon one side by the Uorea and hy China, a.ncl, I believe, not for the purpose of peaceable passage of a vesse1 of war as that a part of the Russian posses ions of Kamtchatka, and by J ~pan upon of one of the nations going through the Dardanelles or tb~ Bospo the other, exclusively belonged to Japan, the Japanese sea might be rus, but it was to assert the majesty of the United States at the can a mare clausum, but it so happens that that condition never existed. ~on's month, and that right did not depend npon the law of nations Japan was never the sovereign of the shores of the Japanese sea on m respect of peaceable passage, but upon that law of nations which all sides as the Ottoman Empire at one time was of the shores of the compels every nation to defend its own interests and the rirrhts of Black Sea. its ci~izens by force .. So we ma.y diswiss the question, so far ~s this Mr. CHRISTIANCY. Will the Sen::ttor allow me to ask a question T case ~s. concerned, as It !l'ppears to me, w~eth~r under the particula.r :Mr. EDMUNDS. With much pleasure. coll(htwn of those straits vessels of war m t1mo of peace might or Mr. CHRISTIANCY. Were not both sides of the strait possessed might not go through. by Japan T_ Mr. FRELINGHUYSEN. That wa-s my position. Mr. EDMUNDS. Undoubtedly; but if my honomble friend will Mr. EDMUNDS. Then my friend and I, as we usually do by dis look at the course of history and at the law he will find that that is cussion, are coming to a common understanding. not the question. The question is whether the se::t at the two en Mr. FR.ELlNGHUYSEN. I not only did not deny the rirrht but trances or one entrance of the strait is in the exclusive dominion of the expressly said that merchantmen had a right by long usa.go to go power controlling the strait. Iu tha.t case it may be considered, they through there. say, a ma1·e clausum; in the other case it m::ty not; and, as Vattel says :Mr. EDMUNDS. I do not agree with my friend when he speaks of and n.s Wheaton says, if the sea-s a.t the two ends of the strait :we of long usa~e. I asser~ again th::tt, according to Vattel and Wheaton pnblic rig-ht, the strait also is of public right. . and public law, the ngbt of vessels to go through straits of this char Mr. FRELINGHUYSEN . .Mr. President, the tale which my friend acter does not depend upon usage; it is an inherent riO'ht that be read to mc-- longs to the public law of nations. That is my proposition. UsaO'e :Mr. EDMUNDS. I l1ave not finished the tn.le. is a thing that arises upon the presumption of a compact at so~e Mr. FRELINGHUYSEN. Was no new t:tle to me. I had read it, di~tant P,eriod .of ~ime upon which t~e parties have agreed, but the and it seems to me that be does not stn.te it with his usual clear-ness. eVIde~ce ?f which 1s J?OW lost. That Is u~age or .~?rescription. Now, I underst.and that Russia, not the Ottoman Porte, owns the laud on a my pornt IS that the nght-of the vesse)s of the Umtecl States its mer part of t.he Black Sea, so that the Black Se::t is IJot exclusively within chant vessels, to pass these straits did not depend upon usage, but it the territory of the Ottoman Porte; and notwithstanding' that while was a fundamental and inherent right belonging to the ships of the Russia owns a part of the la-nd on the Black Sea ships of war are en United States sailing the public seas peaceably and for purposes of tirely excluded from the Dardanelles and the Bosporns. trade to pa-ss through this strait connecting one great sea with an Mr. EDMUNDS. Now, Mr. President, the Senator will excuse me. ?ther. My friend says that by long usage the right ha public highways of all nations it would be turned away, and when too long and terrible forme to undertake to read, he said this to them, it. should endeavor to trade with. the ports that the treaties had de to which I beg the Senate's attention: clared should be opened at a certain time, it was to find them closed. The instructions of the Emperor of Japan You caunot measure general damage of that kind, as we found at That is, the Mikado- . Geneva, on a slate with a pencil by tigures. You are obliged to make and those of the Tycoon are different. Because, in obedience to the Emperor's a general estimate of it and take it in a lump. commands, I, at Simonoseki, fired upon foreign vessels, I have received the name Mr. MERRIMON. If it will not be disa!!Teeablc to the honorable of rebel. Senator at this point, I should like to ask him a question; for I am When I appeared to be acting in opposition to the imperial orders a messenger anxious to give a just and wise vote upon this bill. There was re came from the foreign nations to make it known to me and demand its discontinu bellion in a locality under the dominion of the Jap::mesegovernment, ance. This being the ca8e, Nagato-no-kami (son and heir)- and the rebellious authorities :fireu upon an American ship, offered an His son, I suppose- insult, and damage was done. I undei'l:ltand from the reports, and went on horseback to Kioto to learn tha Emperor's will. Before arriving there, an insurrection havina; arisen in Kioto, there was no alternative but to return without from the speech of the honorable Senator from New Jersey, that the having accomplished the mission. Three days ago I heard your illustrious coun Japanese government, as fully and as thoroughly as they could do it, try's ships barl come to Ituma Sima. I sent a messenger, Mr. Ama, to you by boat disavowed the insult and disavowed the insulting acts. Afterward, to say that I did not care whether you passed through the straits or not. Whlle by express stipulation, tlreyagreed that the actual damage done should on hfs way you left the ishtnd, and the boat retnrnea, thinking to reach you from be measured by $3,000,000; that is, the damage done to the four pow Simonoseki. Much time having elapsed, in the interval war broke out. ers-the British and the ·French governments and our own and the That is, in the interval before be could get into communication with Netherlands, I believe. Our share of that fund was $78Zl 1000. That thPse hostile ships a-nd with his Emperor, and see whether he was to was supposed to be the amount that would cover our actual damage. carry out his orders to close the straits or not, the event took place, Afterward, however, when the account was actually taken, it turns UB often happens in war as we all know. out that our actual damage is much less tha,u that sum, to wit, say For this inability to prevent its breaking out I am exceedingly sorry. I have $1~5,000. Now, inrunnuch as the J apancse government disavowed the not, from the first. bated forei)!Ders. I consider this war a great affliction to tbou insult and therefore wiped that out, disavowed the hostile act, niter &'\D.da of people. I desire notliing but amity. Please consider the subject well. we have received the actual indemnity, not speculative indemnity, That is what this rebel, so called-this prince of Nagato-stated on but the actual indemnity, I submit to the honorable Senator whether the spur of the moment, after the straits had been opened and his bat we are not bound in common honesty and honor, UB well ~ in sound teries silenced, was his ground for having resisted, that he was acting policy, to return the surplus of that fund. under the express orders of the Emperor, and, as he supposed, against Mr. ED:)1UNDS. As the honorable Senator states the question, I the wishes of the Tycoon, because by the messages that had been as of first impression should be l:ugely inclined to agree with him; sent by the ships there seemed to be a misunderstanding about it. but I think if the honorable Senator will look at these two volumes Now turn to pa.ge 561 of this volume of Diplomatic Correspondence, of Diplomatic Correspondence, which he can do in one evening, and to the memorandum of the conference held at Yokohama on the 18th then at tbe treaty of 1864 which provided for this indemnity and nt of September, 1864: . the course of historic events that I have been speaking of, he will Present: Sir Rutherford .Alcock, X. C. B., Her Majes~'s envoy extraordinary and be satisfied tha.t the case he has staLed as an inquiry does not exist minister plenipotentiar.v; Monsieur Leon Roeber, minister plenipotentiary of his her~ at all. Imperial Majesty the Emperor of the French; Robert H. Pruyn, esq., minister resident of the United States; Monsieur De Graeff van Polsbrock, his NetbHrland The firing upon the Pembroke and the amount chimed for it was Majesty's e-onsul-genl'ral and political agent; Takemoto Xai-no-kami, principal known before; it bad been figured up and submitted to the Japanese governor of foreign affairs and confidential agent of the Tycoon; Shibata Hinga government, and I do not know but that they had paid it before. no-kami, governor of foreign affairs; Xolimoto Kai-no-ka.mi, Ometske of the first Certainly it wna a very small p:ut, if any, of this matter, and I was class. about coming to the point of knowiug exactly how these straits came Then they go on to state their motive. · Yon will observe that both to be closed, because if ·they were closed by the power itself, and not parties are present, the representatives of the Tycoon and all. Now by persons in rebellion whom that power by the utmost diligence what is said T _ could not overcome, then I should agree with the Senator from New Such being the substance of the news brought by the Perseus Jersey that upon the principles of public law the power would not After these ba.tt.eries had been silenced- be responsible for it. But was that the case f Tllese straits were ami the result of the operations against the Prince of Choshu, who bod held 1.he ('pened, not by the Wyoming in 1863 when she went up after the !!traits closed by batteries for fifteen months, it was now necessary to advert more Pembroke had been fired into. She could not do it; she was gett.ing especially to the prince's alleged justification of this long violation of treatit>s. The into trouble herself; she sunk two of their ships there eusily, anrlshe prince not onl.v declared that, as a daimio of Japan, he had aeterl u.n!ler the orders both of the Mikado ancl of the Tycoon in all that he had done, but he further pro sllelled their batteries, but found it quite convenient anu wise to go duced certified copies in Japanese of these orders. The forPi.gn rerresentatives, back again to Yokohama, or wherever she started from, in a hurry. u.nder these circumstances, desired to know what answer the Tycoons government She was not strong enough to accomplish that object. She did not bad to make to this direct charge of complicity. open the straits. The next year, the thing still hanging on, the There being the official documents. · straits still being closed, the combined power8 sent an expedition, ~ur Takemoto Kai-no-kami replied that he would shortly have something to say on part of it being a hired vessel because the Jamestown then in the this subject- Japanese waters was of t.oo deep a draught to get to the proper place. Wbich was a diplomatic ymy of putting it off- Om authorities hired a vessel which did good service, and went up but would be glad first to hear anything which the representative might further and all together the powers !l.ctually opened the straits. Now let us have t.o communicate. see wha.t the fact was about how those straits cv.me to be closed. As in all other well-regulated dominions, there were several p:uties Then it goes on to state what the French minister said. I cannot in Japan. The grand emperor was the Mikado, and his deputy, or take up your time t-o read these long things. Finally : whatever he might be called, was the Tycoon. Then he had his cab Takemoto Kai-no-kami had to remark: First. That the order, such as it was, had been transmitted, not by the Tycoon, iuets and depa.rtments and ministers and the Lord knows what, who but by an act of treachery on the part of persons about the Mikado, :nul wilhout carried on the government. When these treaties in respect to foreign competent authority. powers and in respect to the rights of trade came to be agitated and That is to say, although this order was official, and under the grea-t made by the supreme authority, there was a natuml jealousy against seal of the Empire of Japan, if they have such a thiug, ~:;omcbody had them among all the people. It was an innovation; it overturned tra- been guilty- of an act of indiscretion in carrying the order to that . ditional policy, and was thought to represent quite the reverse of prince, which in diplomat-ic language (because 1 have the greatest progress. The people were restive; and then there were questions respect for the Japanese and that empire) is rather a circnitollS way respecting the succession to the crown and the rights of their inter of getting around the truth. nal rulers that led to what might bo called a state of rebellion, more Second. That it did not order the prince to fire upon foreign shlp~. and the proof or less sincere nobody can t.ell. • that such was not its proper meaning might be found in iho fact that altboul!h a Bnt when these straits were thus shut up during 18G3, the Tycoon, similar order was eomm~cated to all the other daimios, ho alone had put that not the Mikauo, told the foreign powers, as these documents sho.w interpetation upon it because it. suited his own de~:~igns. . To tlu~ the American nrinister replied that althon{!h it was true the order was of course it would be tedious to read-them through, but I wish every not in express terms to fire, yet as it declared the intention of the Tycoon to cease Senator would do so-and it was told them when the treaty was made, all intercourP.e with foreigners on the 20th Ju.ne, 1863- nnd was put in as a convenient method of eUBing off the Japanese, (a diplomatic lie, so to speak,) that the prince of the province of Nagato, Notwithstanding the three solemn treaties that it had made with that lay at the northern narrowest part of the strait-, called the Strait ns, to say nothing of the other powers- the prince might naturally draw the inference that he was expected to treat them. of Simonoseki, or whatever it is, was a rebel, and that he was out of as enemies. his relations, as President Lincoln used to say about the Southern Takemoto replied, that such acta were contrary to the Tycoon's wish was further States. He was out of his orbit in respect of the general government, established by his sending down au aid-de-carup at once to causo the prince to stop and therefore he bad not strength enough to opeu these straits as be firiu!!, and tl1is emissary wa-s murdered in the territories of Choshu. As~ to the appearance of double-dealing on tho part of the Tycoon's government admitted he ought to do. Our representative, Mr. Prnyu, and the on the one side, concerting measures for the closing of the port of Yokohama, ond, English representative, and everybody bclieveu it, and thought that on tho other, for maintaining the treaties in their integrity, the Tycoon ha.d hi1h tbey were doing the Tycoon anu Mikado a grand service by going erto been, as the representati-ves well know, in a position to :make something of this np and. opening that thing and clear out t.his rebel. How diu the kind unavoidable. truth turn out f Now listen. ·when they weut up ancl opened the There he leaves the strait question, ancl goes to one of 1.he other straits, and conquered this prince, whose name, s!gne and upon tl1is strait question, I cannot do better in getting at the real for the damage resulting from that particular expedition to their truth, as I have no doubt this prince stated it, than just call attention public vessels of war. He shuts one eye tight and only opens the to the very next sentence of this double-dealing people. When they other who reads the treaty in that way, because the first and leadin"' come down to Yokohama and refer to the intention to close that port proposition of it is that the Japanese government is held responsibl~ and the efforts made to do it in spite of the treaty, after it had been for the damages resulting to the interests of the treaty powers; and, opened, and asked him what was meant by the apparent double-deal second, for the expenses occasioned by the expedition. ing about that, he says that the position of affairs made "something What were the damages resulting to the interests of the treaty of this kind unavoidable." That is to say, it was necessary, in order powers! Here was the closing or the keeping closed of three orfour to meet the views of the people of Japan, that the treaties should be or five ports that by treaty obligation they had been bound to open skillfully dodged and put off, and that one face should be held out to years before. Here was the damage resulting to the general inter tho foreigner, and that face should be, "We are unable to carry these ests of American and European commerce by the constant harass treaties into effect, because our people are so rebellious and wrong ing, wherever any of these commercial enterprises touched the shores doin(J';" and, turning inland, say to the princes and to the people, of Japan, of the people engaged in them. They could not turn the '' J u~ push on and make all the disturbance you can, and we can per corner of a street but they were in danger of the stiletto; they suade these·foreigners that the government has no power to let them could not build a house that it was not in danger of being burned in, and we shall get the advantage, while they will get the loss, and down the next night, and it often was. All these things growing nobody will be the wiser." and accumulating and culminating, and accompanied by this shut That was the eastern policy ; it always has been the eastern pol ting up of this great passway of commerce, these people say are the icy; and I repeat that no man, a~ it appears to me, can read all this damages resulting to the interests of the treaty powers as well as correspondence consecutively, from beginning to end, and the events the expenses of the expedition for which the money was paid. that took place in and as a part of it, without being thoroughly sat The undersigned representatives of treaty powers, and Sakai Hida no Kami, a isfied that it was the steadfast policy of this people, government and member of his second council, invest-ed with plenipotentiary powers by the Tycoon Of Japan, animated with the desire to put an CIJd to all reclamations concerning all, to escape pressure from foreign nations by making these treaties, the oots of aggreasion and hostility committed by the said Mori Daizen sinctl the and then to have them sink like ashes into the sea without a single re first of these acts in June, 1863-- sult comin(J' from them; and to do that, it was a part of their policy And this was the 22(1 of October, 1864, almost a year and a half to have anb apparent rebellion in one province that commanded this against the flags of divers treaty powers, and a.t the samt\ time to regulate defini. great key of the passage between these seas and interfere wHh the ti>ely the question of indemnities of war. commerce of the ports they had opened, not to open the ports that they had engaged to do, and in other words to absolutely discourage And I take it we a.U understand that indemnity of war in case of the euterprising merchants and ship-masters of the western nations collision covers all the items and respects to which I have referred, from undertaking any intercourse or commerce with them at all. the exclusion of commerce from where it was entitled to go; the con That was the policy, and as a most important part of this policy, stant annoyance and harassing of the citizens and subjects of foreign as everybody can see, the shutting up for fifteen months of this strait powers, in spite of their treaties to treat them well; all these as well wns almost an essential and indispensable step; and .they did it. as the closing of these straits. Then came the treaty-because I cannot weary the patience of the To regulate definitiveJy the question of indemnities of war of whatever kincl Senate by going more into detail in respect to these things. Now Everything, in the broadest possible language, every injury that what does the treaty u"nder which thls money was paid say on its face had been committed to American rights, to English, French, and was the ground for paying it f · Dutch rights, was to be covered by one lump sum- Thn representatives of the United States of America, Great Britain, France, and in respect to the allied expedition to Simonoseki, have agreed and determined upon tho Netherlands, in view of the hostile acts of .Mori Daizen, Prince of Nagatoand the four articles following : Suwo-- 1. The amount payable to the four powers iR fixed at $3,000,000. This snm to include all claims. of whatever nature, for past aggressions on tho part of N agato, Which is this same Choshn, for he has another name of Cboshu whether indemnities, ransom for Simonoseki, or expenses entailed by the opera. which were a!lsuming such formiclable proportions as to make it difficult for the tions of the allied squadrons. Tycoon faithfully to observe the treaties. 2. The whole sum to lle payable quarterly, in installments of one-sixth, or half a million Mr. EDMUNDS. Certainly not, Mr. President. Nothing I have Mr. EDMUNDS. Certainly. saifl is any reason for opposing anything but the first section of the Mr. THURMAN. Hyollf treaties withJapau we have treated as pi bill, except perhaps an incidental reason; but the first section of ratical vessels those which were destroyed by the Wyoming. If instead course is t.he main question. On that I have said all that I care to of sinking the Laucefield Commodore UcDougal had captured her say, because I have only come into this debate incidentally after hav and brought her into port and had her condemned in a prize-court, he ing heard the question (\iscnssed. Then what is the .... second section' and his crew would, under the law, have been ent,itled to prize-money. If this money was rightly obtained, then the question arises whether Now, inasmuch a-s we by our treaties have ascertained. the fact that any part of it ought to be paid to the officers und crews of the lrVyo she is to be considered as a piratical vessel, does the Renator think ming and the Takiang, which was the hired vessel t.hat went up on the that there it~ no equity in allowing the officers and crew of the Wyo second occasion in 18ti4. If the money was not rightfully paid and ming prize-money just as if she had been brought into port and con- was wrongfnlly exacted, t.hen, of course, whatever duties we may owe demued T . to 'these gallant sailors should not b~ sat.isfied at the expense of tho Mr. EDMUNDS. First let me answer the Senator's first question, empire of J:J,pan. We should pay them out of our own Treasury if wl.Jich I had not fully yet. I had not disposed of the subject of public we owe them anything. We must not " rob Peter to -pay Paul." But interest as connected with gratitnde wiLh the stimuli that are to be if, as I most sincerely believe, there is no ground either of public law helcl out in an undefinable way in ad vance to all citizens of a country or of public morals, when you read the whole history of this affair, to uphold it in time of pelil. I am one of those who think-it may be upon which Japan could justly claim, or, to sta.te it in a fairer way, olcl-fashioned or new-fashioned, I do not know which-that every citi upon which we could justly feel that we were under any obligation zen of a country owes to it miij.tary and naval Sflrvice just as much v.s to return tllis money, tho question arises then, as the Senator says, he owes to it the payment of taxes. whether it is worth,while to postpone the bill indefinitely because Mr. THURMAN. Did the Senator, as I and mo&t of us have done, the second section provides (the money being ours) to pay a part of ever contribut.e money to get his ward in his city out of the draft f it to these officers and crews. That raises the question how far the Mr. EDMUNDS. No, Mr. President, I never did; neither did the officers and crews of the public vessels of the United States are enti city of which I happen to be an inhabitant. The city of which I tled to special rewards beyond those that the statutes give them. happen to be an inhabitant contributed men. I think that states the question fairly. In warfare upon land, as Mr. THURMAN. Not money! we all know, except in cases of loot, which are extreme cases nowa Mt'. ED;\lUNDS. l\Ioney by taxation and men by volunteering, days and those that ought not to be encouraged, the officers au 2882 CONGRESSIONAL RECORD-SENATE. MAY 2, of history. Built and manned on English ground and sailing from to the history of this tmnsaction that does not appear in the report English seas, she lies for aught I know within a marine lea,gue of tile of the committee. Eo g li sh silores-I hope she bus washed over there by this time-at home The Sena,tor from New Jersey made a very full antl, I thought at whero she Qelongs. I am glad she did not return to any prize-court. the time, thorough exposition of the matter, taken in connection with 'l'Ilat is a. cm~e where generosity, where policy, where pride makes tlle the report of the committe-e, and I felt very clear in my conviction gift to the officers and sailors ta,ke the place of a measure awarued by as to my course of duty; but I confess that now I begin to see the a prize-court. If thls was such a case also, then let us give it to them matter in a little different light. I for one would like to have further by all means. If it was not, let us change the general law, and ma,ke time to consider the matter. If this money is justly ours-and ac a rnle that every body who comes into collision a,nd destroys any prop cording to his exposition it would seem to be so-l do not want to erty of an enemy on the ~a shall have a sbare as if he had turned return a dollar of it; but, on the other hand, if, as claimed by other it into the Treasury. Senators and by the committee, it is due to Japan, I would scorn my Mr. President, M the Senator from Ohio has suggested that tllese self and despise my country if we kept a dollar of it. two questions may be different, as they are, I will withdraw the mo I moye that the Senate proceed to the considemtion of executive ti')n to postpone indefinitely. I do not wish to embarrass any action busintjss. - about tlle bilL Mr. SHERMAN. I should like to have this matter disposed of to The PRESIDENT pro tempore. The motion to postpoBe is with night or let it be postponed to a later period, so that we can go on drawn. with other business. We shall be crowded off in a day or two. The Mr. THURMAN. I have only a single remark to make, which I am Senate is aware that this Ilas crowded off a bill upon which there very sure I would not have to make if the Senatorfrom Vermontha.d ought to be action by tho Sen,a.te. The Senate is pretty full now. We looked carefully into the precedents. Tho Senator from Vermont might as well vote upon this question. It has been very ably dis draws a distinction between the engagement of the Kearsarge and the cussed. Alabama and the engagement bet.ween the Wyoming and the Japa Mr. THURMAN. Will the Senator from North Carolina a,llow me nese batteries and shjps. He speak~ of the engagement in which to suggest that there is a serious difference of opinion as to whether Commodore McDougal was so conspicuous as an ordinary service of any of this money ought to be returned to Japan, and the opposition our naval force. What is meant by that I do not know, except that· to returning any part of it has been greatly strengthened by the very the ordina,ryservice of the American Navy has always been to uphold able argument of the Senator from Vermont. Now those who are its flag a,nd the honor of its country. But if he were really to draw a opposed to returning any part of this money, or think it doubtful true compru.ison between the personal heroism and bravery of the whether we ought to do so, can achieve their purpose by moving to coiBmander of the Kearsarge and the commander of tile Wyoming, I strike out the first section of the bill. have no fears that my old schoolmate and friend, McDougal, would I have said already tha,t in my judgment we had received all the suffer by the comparison. indemnity we were entitled to and more, and that after having repaid Mr. EDMUNDS. Certainly he would not. ourselves all which we were fairly ent.itled to, it would be the snl> Mr. THURMAN. The Kearsarge was a ship as large ami as fully limest act in history, one for which I confess I know no example, for equipped as the Alabama, and if my memory is correct they never us to return_ the money to Japan. I may be entirely mistaken about were nearer than one-half mile to each other. I sav this not to de that. Perhaps it was rather sentimental in me than otherwise to say tract from the merit of the commander of the Kearsarge. He de so, and therefore I do not press it ; but let the vote be taken on the serves all the honor that has been awarded him and more, and he motion of the Sena,tor from California to strike out the first section. _and hisofficersand crew have received the gr::ttefnl acknowledgments If that carries, then let us perfect the second section, for it needs one of the nation in th!3 award to him ancl them of the full value of or two amendments, and then vot.e on the bill, and I think we can the Alabama. But McDougal, with his Wyoming, with his six vote on it and determine it this afternoon. guns only, fought at pistol-shot distance the shore batteries and the !!r. MERRIMON. That does not meet my difficulty. I confe I ships of Ja,pan with one hundred and thirty-two guns. He, with six should like to hear more on this subject, and to have an opportunity to guns and one hundred and sixty men, at pistol-shot distance, fought examine it myself. I have been going by the report of the commit those shore batteries and ships of war with over one Ilundred and tee. I concur most heartily in the sentiments expr"ssed by the Sena,.. thirty guns and thirteen hundred men, so that the officers of the tor from Ohio, [Mr. THURMAN,] taking his premises to be true; !Jut, Navy to this day speak of it as" Dave McDougal running a muck." according t.o the speech of the Sena,tor from Vermont, [Mr. ED '!'hat is the fact about it. MUNDS,] his premises are not true. Now, which am I to believe f The PRESIDENT pro tempore. The que tion is otl the amendment I wish to exercise my judgment. One or the other is mistaken. I proposed by the Senator from Connecticut, which will be read. want to be informed. ' The CHIEF CLERK. The amendment is to strike out in section 1,_ The Senator from Ohio who sits nearest me [Mr. Srm.R~L'-~] sug commencing in line 6, the words "if not incompatible with the rela gests that we dispose of this bill by postponing it uut-il au iudetinito tions of the United States to other powers." period in the future if we do not (lispose of it now. Why, sir, there Mr. FRELINGHUYSEK. I do not think there is any objection to is a very large sum of money involved in this !Jill, and possibly-! do the adoption of that amendment. not know how that fact is-my vote may determine how it shall go. Mr. EDMUNDS. I was in hopes that my friend from New Jersey Perhaps the votes of two or three Senators will determine how it would oppose the adoption of that amendment if the bill is to pass. shall go. It seems to me there ought to be a fair opportunity, where It seems to me that as thls money has been divided, if we have a a request is made in such sincerity, to have all the .. information we right to do anythlng abon t it at all, as I admit we have, it docs not can get upon it. The sum is too large to be disposed of in a very depend upon any body's will but our own. O.f course all there can bo hurried way, and the question is too serious a one, a,ffecting interna nbout it in respect to foreign powers would be the moral effect. If tional rights, international duties, international honor. we pass this bill it might be said that the foreign powers would feel I now renew my motion that the Senate proceed to the considera hnrt- tion of executive business. Mr. FRELINGHUYSEN. I said that I was in favor of the amend Mr. PADDOCK. I hope that motion may prevail. I think we onght ment. to have further tim? to examine this very grave question. 1.:11:. ED~fUNDS. But I a,msaying that I am opposed to it, because I think it unwise to pass an a-ct of Congress to pay back money, which, TRANSFER OF AN APPROPRIATION. if we pa,ss it, we shall have decided belongs of right to the Empire of Mr. MORRILL, of Maine. Before the Senate goes into executive Japan, deprnding upon the will of any foreign government. Even sest:lion I want to ask the indulgence of the Senate to have the Ilou e if it docs disturb our relations with a foreign power, if this money bill that lies on the table laid before the Senate with a view to its bolongs to Japan, let us pay it to her. reference. . Mr. FRELINGHUYSEN. As I understood the amendment,, it was The bill (H. R. No. 33r>6) authorizing a transfer of a certain appro to strike out that part of tile bill which proposes that we should take priation wa-s read twice by its title. · into consideration the views of foreign governments. 1\fr.l\!ORRILL, of Maiue. I think on reflection I will ask tba,t that Mr. EDMUNDS. Ah, if it is to strike that out, I am for it. I lie on the table for the present. t.Ilought it was an amendment proposed by the Senator from Con The PRESIDENT pro tempm·e. The bill will lie on the table. necticut to insert such a clause. Mr. FRELINGHUYSEN. No, it is to strike it out. EXECUTIVE SESSION. Mr. EDMUNDS. TheSenatorisquiteright; Iwithdra,wniyspeech. The PRESIDENT pro tempore. The question is on the motion of the [Laugllter.] Senator from North Carolina. 'l'he PRESIDENT pro tempore. The question is on the amendment Mr. SHERMAN. If the Senator from North Carolina will consent, of the Senator from Connecticut. I will move that the Senate now take up wllat is called t.he silver bill. The amendment was agreed to. Mr. EDMUNDS. Let us stick to one thing; otherwi ewe shall get Mr. SARGENT. I move to strike out the first section of the bill. everything huddled up. Mr. MERRIMON. Mr. President, the evening is far spent, and I Mr. MERRIMON. I only want an opportunity to examine t.his mat confess that I do not feel prepared to Yote on this bill. I had about ter further. - made np my mind to vote for it until I heard the exposition of the The PRESIDENT p1·o tempore. Does the Senator from North Caro- treaties and the circumstances under which they are made by the lina yield to tho Senator from Ohio! • Senator from Verl!lont; and what he has said has impressed me very Mr. MERRIMON. I insist upon my motion. much. His speech certainly contains a great deal of information as The PRESIDENT p1·o tempore. The Senator from North Cnrolinn. . 1876. CONGRESSIONAL RECORD-HOUSE. 2883 declines w yield. The question is on the motion of the Senator from PROGRA?til\IE. North Carolina that the Senate proceed to the consideration of exec 1. Centennia1 Inauguration March, by Richard Wn.gner, of Germany. utive business, 2. Prayer IJy Right Rev. Bi!-lhop Simpson. 3. H.rmn bvJohn G. Whittier; music byJohnK.Paine,ofl!assachusetta; orches. The motion was agreed to; there being on a division-ayes 31, noes tral anil organ accompaniment. 12. 4. Cantata, the words by Sidney Lanier, of Goorgia; muaic by Dudley Buck, of The Senat~ proceeded to the consideration of executive business. Connecticut; orchestral and organ accompaniinent. After twelve minutes spent in executive session the doors were re 5. Presentation of ~he exhibition by the president of the Centennial Commission. 6. Address by the Presiclent of the United States. · opened; and (at four o'clock and fifty-seven miuu~ p.m.) the Senate The declaration that tho exhibition is open will be followed by the raising of flags, adjourned. salutes of artillery, the ringingof the chimes, and Handel's Hallelujah Chorus, with organ and orchestral accompaniment. The foreign commissioners will pass into tho main building and take places oppo site their r·espective sections. The President of the United States and the guests of the day will pass through the main building. The foreign' commissioners, upon the BOUSE OF REPRESENTATIVES. President's passin~ then:i, will join the procession, and the whoie boclywill cross to machinery hall. There, at the proper moment, the President will set in motion the great engine anrl all Lhe machinery connected therewith. A brief reception by the TUESDAY, J[a.y 2, 1876 • . President of the United States in the judges' pavillion will close the formal observ· ances of the day. The Honse met at.twelve o'clock m. Prayer by the Chaplain, Rev. The Centennial Commission is happy to report t.hat the buildinf!B and grounds, I. L. TOWNSEND. . ~· · so far a-s the commission aml board of financearedirectlyresponsib1e, will be quite The Journal of yesterday was read and approved. completely ready on the appointe d day. The exhibits from foreign countries are extensive and brilliant beyond our anticipations. It would be too much to expect ORDER OF BUSINESS. t.hat every exhlbitor should have his space in perfect order at the openin~. though the most strenuous efforts ·to that end will be continually made; but the commission The'SPEAKER p1·o tempore. The Chair begs leave to lay before the ventures to think that no previous exhibition was so far advanced at the same rel- House certain executive oommnnications which were ~ot submitted ative tlay. . yesteriay owipg to the suddenness of the adjoumment. The commission begs leave to ask the President to communicate this report to Congress soon, and most respectfully: in\"ites both Houses to attend the opening CAMP A...'iD GARRISON EQUIPAGE. ceremonies of the internatiuna.l exbiblt.ion helcl in commemoration of the one hwi. dredth anni,ersary of the Declaration of onr national Independence. The SPEAKER pt·o tempore, by unanimous consent, laid before the I have the h!Jnor to be, very respectfully, your obedient servant, House a letter from the Secretary of War, transmitting lett-ers of the JOS. R. HAWLEY, President Oentennial 00fmnission. re~Solution Quartermaster-General relative to House No. 102, regard To the PRESIDENT OF THE UNITED STATES. ing expenditures for ca.mpauclgarrison equipage; which was referred to the Committee on Military Affairs. EXHIBITION OF LIFE-SAVING STATION-HOUSE. A. B. STEINimRGER. Mr. FOSTER, by unanimous consent, introduced a joint resolution (H. R. No. 110) authorizing ihe exhibition of a life-saving station The SPEAKER pro ternpore, also, by unanimous consent, laid before bouse at the centennial exposition; which was read a first and second the House tho following me::;sage from the Frel:lident of the United time. States: Mr. POSTER. I ask that the joint resolution may be put upon its To the House of Repreaen.tatiues r passage. I transmit herewith, in answer to the resolution of the House of Representatives The joint resolution was read. It authorizes the Secretary of the of 15th March last, a report from the Secretary of State aud accompanying papers. Treatmry to place on exhibition at the cent.ennial exposition, upon U. S. GRANT. such ground as may be a1ott.ed for the purpose, one of the life-saving WASHINGTON, May 1, 1876. station-houses authorized to be constructed on t,he coast of the United The message and a-ccompanying papers were referred to the Com States by e.xisting law, and for which appropriation has already been mittee on Foreign Affrurs. made, and to cause the same t.o be completely equipped with all the apparatus, furniture, and appliances now in use at the respective life OPENING OF CE:STENl'.~ E.XHIBITION. saving stat,ions of the United States, said building and apparatus to The SPEAKER pro tempore also, by uttauimous consent, laid before be removed aft.er the close of the exposition and re-erected and used the House the following message from the President of the United for a life-saving station at the place now aathorized by law ; pro States: vided, however, that such exhibition of said station-house and equip To the Hou11e of Representatives: ment thereof and the return thereof shall not be attended with anv I transmit herewith, for the information of Congress, the report of the president expense to the United States beyond appropriations heretofore made of the Contennial Commission upon the ceremonies to be observed at the opening of in aid of said exhibition from the several Departments of the Gov the exposition, on tho lO~h instant. It will b:~ obser>ed that an invitation IS therein ernment. extended to 8enators :md Represtlntatives to be pres11nt on that oc ~.: a s ion. U.S. GRANT. Tbe joint resolution was ordered to be engrossed and read a third WASHINGTON, Ma.y 1, 1876. time; and being engrossed, it was accordingly read the ·third time, aud passed. · · Mr. KELLEY. I desire that the invitation IJlay be read. Mr. FOSTER moved to reconsider the vote by which the joint res Mr. HOPKINS. I wa,s about to J+13-ke that motion, if I had been olution was passed; and also moved that the motion to reconsider be able to catch the Speaker's eye. . laid on the table. Mr. RANDALL. It is quite long. It is in all the papers. The latter motion was agreed to. Mr. O'aRIEN. I would like to bear it read. Mr. RANDALL. You can read it in the REGORD. I ask that it WORKS UNDER GRANT TO JlliES B. EA.DS. may be printed in the CONGRESSIONAL REC@RD. There was no objection. Mr. LEAVENWORTH, by unanimous consent, submitted the follow The message and accompa-nying report were ordered to be entered ing resolution; which was read, considered, and agreed to: R&olved, That the Secretary of War be, and he is hereby, reque.~ted t-o send to on t.he J onrnal, and referred to the Select Committee on the Centen this House a copy of any report marle to him of the official inspection of works nial Exposition. The report is as follows: going on onder .the grant of Congress to James B. Eads made since November, 1875. THE UNITi<;D STATES CENTENNIAL COMMISSION, INTEfu'UTIONAL EXHIBITION OF 1876, ELEVATOR IN SOUTH WI~G OF CAPITOL. Ph1la-delphia, April 2b, 1876. Mr. LEA. VENWORTH also, by unanimous consent, submitted the SIR: In obedience to the law constituting this organization, r have the honor to following resolution; which was read, considered, and agreed t.o: submit, in behalf of tho commission, a schedule of the ceremonies t-o be observed at the opening of the International Exhibition of 1876, on the lOth proximo. R~sol.ved, That the Committee on Public Builtlings and Groumls be, antl they are, Formal invitations to attend ha\e been sent to the President of the United States, requested to inquire into the feasibility, expediency, and expense of putting a. suit: the Cabinet, tho Supreme Court, the diplomatic corps, the Congress, the Government able elevator into the south wing of t.his Capirol. cent~nnial board, the foreign commissioners t-o t he exhibition, the governors of the APPROPRIATIONS FOR LIGHT-HOUSE SERVICE. States n.nd Territories and their staffil, the Le~L'lla.ture of PBnnsylvania, the city authorities of Philadelpbia-, the chief officers ox the Army and Navy, the women's Mr. WELLS, uf Missouri, by unanimous consent, from the Commit national centennial committee, the centeunial board of finance. and others in official tee on Appropriations, reporlied :t bill (H. R. No. :3356) authorizing positions or officially counect.ed with the work of the exhibition. On the morning of Ma.v 10 the gmumls and builtiings in general will be open to the transfer of a certain appropriation; which was read a first and tho public at 9 a. m. The memorial hall, or nrt gallery, the main build.ing, anti the second time. machinery haU will ue r Pserved to tho invited gnests and the exhibit-ors until tho The bill was read. Of the sum of $585,000 appropriated in the close of the ceremonies, about noon, \\"hen all restrictions will be removed. The ex. first section of the act of March 3, 1875, making a.ppropriations for erciscs will take place in tho opc.>n air, upon the south terrace of memor'ill-lhall, front ing the main bnilding,..in full view of the general public. the sundry civil expenses of the Government for the fiscal year end Invited guest~ , unless not.ifiecl t-o the contrary, will ont~r the main building by ing June 30,1876, and for other purposes, for salaries of nine huudred way of tlw can1age concourse at the east entl of that building, or by the south, mid and twenty-five light-house keepers and light-beacon keepers and their dle, or western cloors thereof. These entrances will be open to them at 9 a. m. asf>ista.nts, the bill authorizes the sum of $16,000 to be transferred to The music will be under the direction of Theodore Thomas, assisted by Dudley Buck, with an orchestra of one hundred and fifty and a chorus of eight hundred. and used in aid of the appropriation made in the same act for the It is expected that jtnests will be seated in the amphitheater preparerl on the south maintenance of lights on the Mississippi, Ohio, and Missouri Rivers, front of memorial hall by 10.15 a.m. The orchestra will play the national airs of and snch buoys as may be necessary, including salaries of keepers, all countries represented a.t the exhibition. The President of the United States will be escorted to the grllunds by (}()vernor Mr. WELLS, of Missouri. The appropriation for the maintenance Hartranft, of,Pennsylvania, and a division or more of troop8 from Pelinsylvania. of lights on the Ohio, Missouri, and Mississippi Rivers is exhausted. and New Jersey arriving about 10.30 a.m. The appropriation for lights on the coast is in excess of th'e amount CONGRESSIONAL RECOR.D-HOUSE. MJ..Y 2, 2884 ...... ne-cessary to 1st of July. This bill simply transfers $16,000 from one Robert Hamilton, Hardenbergn, Henry R. HarriR, llarrison, Hartriclge, Hartzell, appropriation to the other, in order to keep up the lights on those ri v llatcber, Ha~nond, Henkle, Hereford, Golclsmith W. Howitt, Hill, llolmn.n Hop kins, House, Hunton, Kehr, Knott, Lamar, Franklin Landers, Geor~e M. Lan!lf1rs ers. It is very important that the bill sboultl pass at once. Unless Lane, Lynde, L.A. Mackey, Mai.~h, Meade, Metcalfe, .MilJiken. Mills, Money Mor: this appropriation is made the lights will go out this week. rison, Mut<,hler, Neal, Now, Parsons, Payne, John F. Philips. Piper, Poppleton Mr. CONGER. 'Vould it not be better to make a direct appropria Potter, Powell, Randall, Rca, Reagan, John Reilly, James B. Reilly, Rice, Ridclle' John Robbins, WiUiam M. Robbins, Roberts, Miles Ro s, Savage,· 'ayler, So:-~les' tion for this purpose instead of transferring an appropriation from Schleicher, Seelye, Sbcakley, Singleton, Slcmons, William E Smith, Southard' one purpose to another f Sparks, Stevenson, Stone, Tarbox, 'l'eese, Terry, Thompson, Thomas, Throol And there is only one reason for maldng that proposition. By features of the law of the State of Illinois. It is this: It requires the cxclu~ion of the poll the ~Sitting member would be benefited to the name of the voter shall be given on the roll, his residence, anu . the extent of !:11 votes. In other words, he would receive 81 fraud the number of his place of residence. His name is set opposite a ulent votes. 'flJat was the attempted net on the part of this board certain number upon the poll-book, and a corresponding number is of rascals and scoundrels, as the committee each and all admit them placed upon his ballot. All that it is necessary to do is to refer to to have been proved; that they had carried tho fraud to the fullest the poll-book and refer to the ballot, and you can ascertain for whom extent that they were capable of executing it. Then the sitting mem- he voted, whether for Mr. Le .Moyne or Mr. Farwell. You ascertain . ber turns to the House and says, "I ask you to consummate the fraud, be W8.S a non-resident by having given a fictitious residence. You not onl:v by excluding the vote Le Moyne rccei ved at this poll, but to ascertain he gave a fictitious residence from the fact t.here was no conut. thft tll fraudulent votes I receiverl." house on tile lot where be said he had his residence. You will find In order that the House may know something of the character of the each ona of these ballots accredited to Mr. Farwell-252 of them. men upon whom the sitting member and hisfriendsrely, whoarethe Besides, by the dnplicity and uouble-dealing of this board you will friends of the pal'ty and the sitting member, I desire the House shall tind there is an entire absence of some 84 ballot.s of persons who did know a little something of the character of these persons from the .tes voto-1 believe the number is exactly 84. timony, who thet:lo men were and what ~ind of ru.eu they w~re. l\1r. I desire the House to mark one fact, that throughout the entire can Hesing, a reputable gentleman of the Cit.y of Ch1cago, hearmg that \%-,s, from beginning to end, from first to last, there is not a scintilla. this mi ·conduct was being bad on the Jlart of those w bo were for Far of proof going to show tbat Mr. Le Moyne received a single fraudu well in the first precinct of the twentieth ward, went there to have lent vote-not one fraudulent vot.e. There was nobody there steal the abuse corrected. I now read -from his testimony: ing for him. They were there stealing from him, but there was no As I arrind at the pl'('cinct, I met a perso• who bad been designated as chal body thore stealing in his interest. No witness called in the case has lenger. We immediately were surrounded lly a mob, shoulder-bruisers, peniten attempted either by insinuation or directly to say that Mr. LeMoyne tian·-lJirds, and gamblers. I attempted to wake the ascent of this inclined plane received a single fraudulent vote at this poll. for ·the purpose of talking to tho jnd)!t>B about admittin!! this challenger and was What neces~arily follows f If the issue is joined the question then pushed by se>cral persons, and when I I!Ot half way up the inclined plane a man by the name of Burns, who but a s1wrt time proTious had been released from tho becomes important, Who received these fraudulent vot.es, and how penitentiary, pushed me from this plane. The crowd then set 11pon me and said, many did they I'eceive T Tho proof is that Mr. Le Moyne received no ··nesinrr. you can't rrut tuis}Jrccinct as you run the convention, you God-damn son fraudnlcnt ballots ancl that Mr. Farwell received 252. Who shall re of a bit-ch! Go to yom own precinct." 1 called upon the police to interfere. a-sh1ng them if they woullln't c!efcwl me.· They took no stops, but fiimply said, " We don't ceive the benefit, the party whose friends perpetrated the frand, or ru cdtllo in rolitks .. , I mad~ the ascent af!aiu after bein:.r pulled and hauled by this the innocent party-the man whose hands are not sullied with fraud crtnTd, am · ucceeded in gcttin~ on to tho platform. There was nobotly either on in any shape or form in t.he conduct of the poll f It seems to me the the inclined plane or the vlatform wllen I began the ascent the second time. Before argument is conclusive that these ballots must be charged up and I ~ot to tho platform this l'amo m:m Burus gaYo or made one jump on to the plat against Mr. Farwell. form, gave me a push against tllo wall, and ;;otto t.bis opening in the window before I did, put his I.Jeatl tbroueh the opening, aml kept up a. oonnraation with the . The process of purging these polls is easy, perfectly easy, :md per jmlges. I trierl to speak to tho judge~. motioned to t.l1em, rapped on tho wincJowi fectly t,o be understood. When y6n find the ballot of a non-resident Lnt no attention wa1:1 paid b)' th judges. I stood there fully ten minutes. AI you know exactly for whom he voted. Charge up that ballot to the this while Burns kt. This accounts for the fact that duplicate numbers appear for some of cast in th:tt ward for Lel\Ioyne stands unimpeached and unimpeachable the ballots. upon this issue, because the proof made by the sitting member direct Second. Contestee m:\kes a gain of 81 votes by having the polls re to the issue showed that Le Moyne received no fraudulent votes at jected. Contestant bas proved 2.1)2 illegal votes cast for contestee at the first precinct of the twentieth ward. There is not a single iota this poll; his majority as returned wa.s 171; now if be could succeed of testimony, not a word in any shape or form. We have the proof in having the entire poll thrown out he would be advantaged to the of the four witnesses to whom I have referred, stating the fact that extent of the difference between his majority of 171 and252, thennm he did receive 251lawful votes. These your committee found ought ber of fraudulent votes proved. Is it therefore at all surprising that to be counted for .Mr. LeMoyne. Mr. LeMoyne, by his testimony, this desperate effort is being made on the part of the sitting member has stripped Mr. Farwell of 252votesof his 422. Your committee saitl to induce this House to accept his theory of the case and con~ummate t.hat that number of votes should be deducted from the 422, ancl tnt) the work conceived and begun by the villains whose habitations are committ.ee found that the difference between the 2i2 and the 422 were in the sinks of iniquity, who spend their lives in the pit-falls of crime, legal votes cast for Farwell, and then we cleducted the difference be whose only home is the disreputable" Hatch house," aud who at all tween the legal votes cast for Farwell thus ascertained and the legal times bold themselves ready to embark in any undertaking that has voteg of Le .Moyne thus n.scertainod, and then we struck the differ for its object and aim t be strikin~ down of honesty, integrity, and fair ence, and gave the benefit to the party to which it belonged, to the uealing f This is the feast to whiCh we are invited; this is the job the man whose bands were not tainted with fraud, to the party who had House is aaked to finish, acting in its constitutional capacity in judg no part or lot in tho perpetration of fra.uds in that election, to the ing of the election and qualification of its own members. man who protested that .no fraud should be perpetrated, who stood No chim is made that contestant received a single fraudulent vott> npou a narrow plank placed there for the purpose of voters walking at this poll. Tb~n it must be admitted that every vote credit~d to him to the window where the ballots were to be depositecl and protestetl was actually and in good faith on the part of the voter cast for him. tllat the men of each party should be admitted there, that each was The judges of the election stole from him, but clid not steal for him. equally interested and was entitled to a challenger, and that the The number left at the close of the day and counted for LeMoyne :rights of all parties should be respected. was but a remnant of his honest vote. These rascally election officers Now, Mr. Speaker, I will not discuss the other questions in this had robbed him of a large percentage of the votes polled for him case. The other precinct-s in controversy are the second and fifth during the day, and it may well be said that the wonder is that they precincts of the twentieth ward and the third and fourth precincts did not strip him entirely ; but he had 251 votes left. These votes of the eighteenth ward and Norwood Park; but I will only say that were so sacred, so just, that even these desperate, unscrupulous vil I most fully agree with the conclusion reached by the majority of the lains, clothed with officical position on that election board, dare not committee iu each and every one of these precincts, and have no lay their iniquit-ous hands upon them, but ~tis reserved for this House, doubt but that the House will be doing but an act of justice in adopt according to the arguments of gentlemen advocating th~ cause of ing tho report of the majority. contestee, in the exercise of its high prerogative, to strike down the Mr. 'YELLS, of Mississippi, obtained the floor. · last vestige of honesty connected with this poll, and finish the work of disfranchisement by this villainous election board so auspiciously CENSURE OF- HON. JOHN YOUNG BROWN. begun. ·Reject the entire poll, and we have gotten rid of each and Mr. LAMAR. With the consent of my colleaO'ne, I ask unanimous all of the honest votes cast for contestant, that a disreputable elec consent to offer for adoption the resolution which I send to the Clerk's tion board bad not the hardihood to rob him of in the hours of their desk relating to a member upon this floor. 1 will state that I believe dark and detestable crime. the resolution is one which will not be una{}ceptable to a single mem I now ca~ the attention of the House to the testimony of Chaplin, ber on the floor after you heq,r the mqtives which prompt me to pre page 293; of 0'Brien, page 248; of Btakely, page 253; and of Gerb sent it. ing, page 269; persons wbo heard the vote announced at the close of The Clerk r~ad the resolution, as follows: the poll on the night of election. By their testimony it is proved that Resolved, 'rhat so much of the n>-solntion adopted by the House of Representa Le Moyne bad 251 votes in that box still remaining there, After all tives of the Fmty-tbirtl Congress, on the 3d of February, lti75, aa charges prevari the stealing during the day there wa.s still this number of votes. Now cation upon Hou. JOHN YOUNG BROWN be, and the same is hereby, rescinded and it may be said, and it was argued, that this testimony also proves 422 ordered to bo expunged. votes for Farwell. So it does. But 252 of them have been shown by overwhelming proof to have been illegal. These m11st be dednctetl Mr. TOWNSEND, of New York. I object to the resolution; I know from the 422, leaving Farwell but 170 votes in all, against Le Moyne's nothing about it. I have no other objectio:q than that. 251; making a majority for LeMoyne of 81 in that election precinct. Mr. LAMAR. I trust the gentleman will hear an explanation of But Mr. Farwell says," That kind of figuring won't do; I want to throw the motives which prompt me to present the resolution, and if there on t the whole poll." Why floes he want to do this f Jl'or the sole reason is then any objection I will withdraw the resolution. that 252 illegal and fraudulent votes have been proven for him. If M:r. TOWNSEND, of New York. I will hear the gentleman. there were no illegal votes established by proof, he would be the last Mr. LAMAR. .Mr. Speaker, I believe th:\t this resolution will not man to ask for the rejection of the entire poll; but the demand would be unacceptable to a single member of this body when be comes to come, "Countmy42~votes; they are the evidence of theexpressed will understand the motive which prompts me to present it. of a beloved and appreciating constituency; I dema.nd it as a right I have always believed that the action of the last House, referred to have my 422 votes thua polled for me coH:nt~d at your hands." to iu this resolution, was induced by au entire misapprehension of .Mr. Speaker, gentlemen on the other Ride say th:\t we must exclude the attitude and purpose of the honorable and distinguished gentle this poll because we cannot rely npon the returns of these villainons man against whom it was directed. From along personal acquaint officers. So say we. We do not claim that we can rely upon these ance with him, I believed then, a.s I have never cea.sea for a moment returns. We give these returns no credit whatever. nut we do say t-o believe since, that he wa-s superior to the arts of equivocat.ion aml that it is the law that we may prove, that the sitting member may wholly incapable of disingenuousness and indirectness. On that oc prove or that the contestant may prove aliunde his vote. And we do casion and upon that particular matter I used the language which I say that the term ctli1mde it~ used by the author of the work on Ameri ask the Clerk now to read. can Law of Elections in the bro?-der sense as meaning "from another The Clerk read as follows: place." The proof may be made fr~m anothe:r place other than the Mr. LAMAR. * • • Now, sir, one word if I maybe permitted as to this oft:lrge record. · of prevarication in the resolution. I think, Mr. Speaker, you were premature m your censure of tho gentlema:q. I bt-lieve yon did not intend to be unjust, but I Now, this proof is made in another way and in another place. The think whatever may be said of the course which the gentleman pmsued-and I do four men whose testimony is taken by the contestee, whose n'ames I not say that it was in aor.ord with the rules of the House-it was not pervaricating. have already gi veu, each n,nd all of them swear that on election night The SPEAKER. The Chair did not use that word. there were in that box 251 votes. This is outside of the returns. We Mr. J,AMAR. I stand corrected. Mr. Cox. It is in the resolution that that word is used. give no credence to them whatever. We say these returns shall be The SPEAKER. The Chair characterized the gentleman's conduct M "evasive., set aside. But by this aliltnde proof that is recognized by and known Mr. LAMAR. I am glad the Chair has corrP-cted me, anti make the amende with to the law these parties swear that the contestant bas received and pleasure. Still the Chair stated that the answer wa.~ not in t;oocl faith; that it t.hat there are in that box 251 votes, and we insist that that proof is was e'l"asive. Now, I do not think it will bear even thatoonstrnction. The gmitle man had just finished a sentence with the 1\'0rd 11 Burking," when the Chair int-er· just as O'OOd to establish the nnmber of votes received by him as it is posed a.nd asked if the gentlem!Ml meant to refer to a member upon this floor. Th() to establish it by calling upon the persons that cast the ballot. Why f gentleman from Kentucky replied, 11 No, sir; I call no names." Now, sir, it i~ very Because in the second proposition of tile contestee, in his answer toLe natural for the gentlema.n from Kentucky to have supposed that the Chatr had Moyno, he sets out this as one of the issues made: from a misunderstanding of the name called. made the inquiry as to whether he w:ts alluding to a member of the House, and he revlied, "No, sir; /called 1w1w.me." Second, that a large number of illegal votes- He had evidently intended to refrain from making a personal allusion and to con fino himself to a mP.ntal characterization so as to avOid being called to ortler and He specifies a limit- stopped by the Chair. Such a mode of dealing in severities is not unusual. The That a large nnmberof illegal vot-es, to wit, 100, wore cast and counted for you in Uhair repeated the question, and then .Mr. BROWN answered, "No, sir; I am hav· each and all nf the precincts of said disttiot by persons who were not legally enti· ing a member in m:v mind's eye." tied to vote in said precincts respectively. . The SPEAKER. Not ":\member." Mr. LAMAU. No; I did not mean to say "a. member;" but he said, "I am de There is the issue again. Mr. Farwell charges upon Mr. Le Moyne scribing an individual whom I have in my mind's eye." Well, sir, ho hacl not, at that 100 illegal votes were cast for him, Le Moyne, in tho first pre that time, in point of fa as charges preYarication. That the gentleman from Kentucky on that ceived them all. Certainly my colleague on the committee must have d:!y dill behave in an unparliamentary manner in transgressing what forgotten the evidence, for if he will examine the record he will find is callccl the proprieties of debate is not here brought into question. that out of tifty-six names of persons who voted at the precinct, but That is a matter which too nwuy of us are guilty of, to draw any resided .out of it, LeMoyne received 6 and Farwell 41, while 23 were very fine point upon. The question is one that affects the gentle not found in the box. It is also shown that of the persons who voted mao's personal honor. from vacant lots, 16 votes were ca-st for Farwell and 1 for LeMoyne,. The question being taken on agreeing to the resolution of Mr. LA while 8 were not found in the box. The gentleman, if be had ex MAR, it was adopted unanimously. amined the evidence, would also have found that of thA repeaters ELECTION CONTEST-LEMOYNE VS. FARWELL. and those who voted from fictitious residences, 126 of the whole num ber voted for Farwell, 2o for Le Moync, and 53 were not found in the The Honse resumed the consideration of the resolutions reported by box. It is proved that the commissioners exe1nfled challengers at that the Committee of Elections upon the case of LeMoyne vs. Farwell, poll; that riot ran rampant; that violenco LO some extent existed from the third congressional district of Illinois. there that day; but the contest was not over the member of Con Mr. WELLS, of Mississippi. Mr. Speaker, I am not willing to al gress, but over members of the board of ah.lermen. Right here Jet me low this debate to close without expressing my dissent from the views remark thn.t if you will examine the evidence you will find that so expressed by· son1e of my colleagues upon the committee in this de far as Mr. Farwell's partisan friends were concerned, they were not bate, and in cloing so [desire to approach this subject divesting my responsible for the irregularities that occurred; that it was comlnct.ed Sf' If of n.ll part.isau feeling, and to consiuer it as presented in the by men appointe(l by a democratic board of commissioners under the evidence and apply the rules of law a-s established both by this House law of the State of illinois. anu by the courts of the country. I hope that the House in consid Nor was Farwell, tho contestee, more responsible for the frauds prac ering the case will give it au impartial consideration, divesting itself ticed at that poll than was Le Moyne, the contestant. of all partisan feeling and wei~hingtheevidencejudicially. Contested Very well, the commitee.e agree that frauds were practiced, that all election cases ehould certainly be considered by the House, as far as day long it was a scene of fraud, and that when the votes were counted· possible, a-s a court would consider them. In my opinion this House, Jtnd returned the return gave Mr. Farwell171 majority. when it has under consideration these questions, is resolved into l\ We come now to the evidence as presented before the committee as jndicial body. We have no interest as to the individuals or their par to what the result of that election was by the actual count of the tisan character. Our aim should be to follow rules that sha.ll be in votes. Let us go one step further as to the custody of these ballots. conformity with established precedents and not in violation of them. The law of Illinois provides that when the election is over the ballots The. committee have disagreed upon certain propositions n.nd have and the poll-books shall be sealed in an envelope and transmitted to aO'reed fully upon others. Before considering the particular precincts the count.y clerk of the county. The testimony shows that the com lti>On whlch we disagreed, I wi~li the House to understand distinctly missioners discharged their duty in this particular and transmitted tho question that comes before it for consideration. The committee properly sealed the ballots and poll-lists to one Hermann Lei b. From agrf'e in regard to every precinct and every poll in the third con that time until the evidence in this contested case was taken the bal gres ional district except the first precinct of the twentieth ward, lot-boxes were in the custody of this man Leib, county clerk of Cook t·ho thinl precinct of t.he eighteenth ward, and what. is known as the County. Norwood Park precinct. A majority of the committee, two democrats The committee having agreed that the election itself was fraudu and four rf'pnblica:Os, agreed that the first precinct of the twentieth lent, that the acts of the commissioners were fraudulent, that the warcl should be excluded. In other words, w bile the majority of the acts of the commissioners nullified the return, we are left to the bal committee agree as to the result, they disagree as to the first precinct lots. It is a well· established principle of law, sustained by numerous of 1be twentieth warcl. · precedents in this House, that when the ballots themselves are not Let me read the statement of two members of the majority of the taint-ed with fraud they will be evidence to show what the actual committee in reg:ud to the first precinct of the twentieth ward: vote polled would be. Wo concur in the result reached by the report of a majority of the committee, In order to show precisely the weight to be given to these votes as to wit: That Le Mo:vnowas eler.ted and that Farwell was not. But we cannot con cur in that portion of the r port which seeks to purge the poll at J?recinct No.1 in evidence it will be necesaary to understand who it was who had the twentieth ward of Chicago. The conduct of the officers of election havinl! been custody ancl control of these ballots after they left the hands of the shown to b~ grossly fraudulent, and the integ~ty of their returns at this poll hay commissioners of election. The law provides that tbe county clerk ing been thereby destroyed, and the proof havmg shown, also, that the ballots m shall have the custody of them. Who, therefore, is the eounty clerk, the box bad been tampered with, we can come to no other conclusion than to r(lject the entire vote at this precinct., except in so far as contestant and contestee have and what his character t He was a man named Hermann Lei b. established by proof aliunde the number of votes they received at this poll re He was brought before the not.aries in this examination as a witness spectively. for the. contestant. I wish to read from the record to show yon the JNO. F. HOUSE. disposition of the man, and his charlacter as it is portrayed in this evi CHARLES P. THOMPSON. dence. I do not believe when this House understands this qnest.ion Thus it will be seen that. the majority of the committee- acrree that they will be willing to commit so monstrous a disgrace as to seat a tile tirst precinct of the twentieth ward should be excluded;· but in man whose only title to a seat is the evidence of ballots which have regard to the third precinct of the eighteenth ward the majority con been in tLe cus.tody of a man like Hermann Lieb, whom the evidence tend that it should be excluded, and the minorit.y that it should be shows to be covered all over with infamy, ancl who cannot under any · conn ted; and as to the Norwood Park precinct, the majority hold that circumstance be regarded as worthy of confidence. the paupers in that precinct were entitled to vote, while the minority I read the very first question on page 28 that is put t.o him; and I hold that they had uo such right under the laws of the State of Illi will follow this through, and I wish the House to follow the evidence nois. I shall therefore confine my remarks to these three precinct.s, with me in reference to this man's conduct while upon the stand : namely, first precinct·, twentieth warcl; third precinct, eighteenth Question. Are you, as county cler~, by the laws of lllinois, ex . ojftci.o a member ward; aml Norwood Park precinct. There is no member of the com of the board of canvassers of the elect.wn returns of Cook Uounty l mittee who has ad(lres ed the House upon this subject but what has That is a question propounded to him by the contestant's counsel. admitted that the first precinct of the twentieth ward was covered all over with fraud and corruption .from the very inception of tho elec What is his answer f He answers affirmatively: tion down to the time when the votes were counted; my colleague on Answer. I am the presiding officer of said board. the committee, the gentleman f1·om Ohio, [Mr. POPPLETON,] admits He is next turned over to the contestee's counsel when the same tliis fact. But he contends that Mr. Farwell was responsible, and upon identical question is propounded to him that had been propounded this point I wish to reply to him by saying that at the time this elec by the contestant's counsel, and I want the House to mark what is tion was held Chicago was under the control of a democratic admin his answer. . istration ; the board of commissioners that appointed the commis Q. Were. yon not and are yon not still clerk of the board of county commis- sioners of election were democratic, and every one of the commissioners sioners~ A. I am not certain about that either. who held that election in the first precinct of the twentieth warcl was Q. .Are yon not ex o.fficio such clerk 1 democratic. There wa-s not a republican on t.bat board. Besides, when A. Such appears to be the law. the gentleman characterizes the individuals who voted at that po11 as having been drawn from the slums of society in Chicago, I want to That is his answer, when just turned over from the contestant's tell him that that ward was always democratic and was so at that counsel. That is the way in which he answers a question propounded time. Butadi vision occurred on account of.Mr.Le Moyne having been to him by the contestee's counsel. previously an abolitionist; be bad been nominated by the liberal Again, be comes forward with certain documents to be presented party ; there was no regular democratic candidate in the field; for to this committee. The witness Leib has been introducing certain some reason the democrat-ic vote was divided, a part of it being cast affidavits in reference to certain voters, and the counsel for the con for Le .Moyne and a part for Farwell. And whatever irregularities testee asks that these affidavits shall be attached to and accompany occurred nt that poll, it certainly comes with poor grace from the other their depositions. side of tbh~ House to charge it upon republicans, who had nothing to Q. Do yon refuse to permit these affidavits about which you have just testified to be attached to or accompany your testimony as exhibits and part of your testi do wit.h the management of that election. mouy1 The evidence shows that from the time the election at that poll A. I do, until requestecl to do so by proper authority. was opened until it was closed in the evening men voted from va.cant Q. What do yon consider proper authority7 Jots; they voted from other precincts; they repeated. But, says my .A. Persons or authoriti~ or parties whose premises it is to judge of the law in such cases. friend from Ohio, there is not a particle of evidence t-ending to show Q. Do you consider the notaries before whom thls testimony is t..'l>ken as such an· that Le Moyne received a singLe illegal vot.e, but tba.t ~""'arwell re- thority~ 2890 CONGRESSIONAL RECORD-HOUSE. MAY 2, A. I do not. then and there broken immediately; giving no opportunity for calling * witnesses for the purpose Qf ascertaining whether the envelopes were (Mr. Van Buren, contsstce's counRol, notes tbe followin"': That he has introduced these affidavits in evidence, that they are now on t.be tab'Ie before the notaries, and in the same condition as when received by the county clerk; and they th'lt. if the witneRR takes them awav be doe. it against the objection and protest of were then and there broken, and the evidence, if evidence existed of the contestee. WitncRs says that if anyboclyelse except tho proper authority takes the fact, was destroyed as to whether they had ever been tampered them and puts thew in his pocket, he will have to do with btrn.) · with or not. Q. Do I understand you to mean that if the notarie11 attempt to take posse;sion Certainly it is remarkable and extraordinary that, in a case under of t.bese affidavits for the purpose heretofore mentioned that you will resist such attempt by force 1 · examination by a court which involved the necessity tha.t the envel A. Of course I will; and, furthermore, if I am strong enough I will boot them opes containing these papers should be exactly in the same condition out of this house. as when they were received by the county clerk, such haste should be A MEMBER. What page is that to be found on t made to destroy the evidence of the fact and no evidence allowed to l\!r. WELLS, of .Mississippi. Page 33 of the record. be introduced to determine for the satisfaction of this House whether Now on page 34 of the same record, in the testimony of this s:1me they were in the same ·condition as when the commissioners turnCll man Leib, yon willfi.nd the following: th~m over to this man Leib. Q. In ballot 291 of same precinct is not the name of Charles B. Farwell plainly Again these envelopes, in which the ballots and poll-lists were sealed, apparent, and is there an.v other name for Repre entative on the ticket 1 are described by law. Now this man Leib testifies-! will not read .A. The name of Charles B. Farwell is plainly primed on tho ticket and as the evidence; it is on page 31-that he had the envelopes printed plainly ~SCratched. There appears no other name on tho ticket for Representative to Congress. himself. And he testifies further that be got a larger nom ber printed (Mr. Van Buren now offers these tickets in evidence, and insists that they shall than was necessary for the use of the various precincts in the third be attached to this testinton:v as exhlbits. Witness refuses to deliver them into congressional district. He swears, furthermore, that he has in his the possession of the notaries.) possession, at the time of this examination, blank envelopes; and he produces the blank envelopes, 6xactly similar to the ones which con This same witness again answers: tained the ballots that were opened. He also admits, as we might Q. Look at ballot number 106, from the fifth precinct, twentieth war(l Is not the name of John V. Lo Moyno erased and a namo written in pencil, which denotes conclude of necessity from the state of facts arising out of the case, tho intention of the voter to \Ote for Charles B. Farwell, in yom opinion~ that he had copper coins of the denomination of one cent in his office. .A. The name of John V. J,e Moyne is erased. My opinion is the voter intendod I would like to know what there was to have prevented an unscrupu to throw it for Charles B. Farwell. lous man, snch as the evidence shows Leib to be, from opening theso (Mr. Van Buren now offers the ballot in evidence, and insists that it be attached envelopes containing the ballots, manipulating them, changing the to this testimony as an exhibit. Witness refu11es to deliver it to tho possession of the notaries.) numbers, and altering their contents, especially when he swears he has a pecuniary interest in the election of Le Moyna f The same is the case in reference to bal1ot 142. He refuses again When we open the envelopes co~taining the ballots we find-what f to ·allow them to be used as an exhibit on the part of the contestee. One hundred and eighty-three votes gone; 183 votes less than there Here is the same witne... s on page 135, when under cross-examina are names on the poll-list tbn.t are marked a-s having voted. What tion by the contestee's counsel: more T We find 19<3. duplicate and triplicate votes. For instance we Q. ~ve von in your possession the ballots, affidavits, and poll-book of the town find John Jone8 of such a number voted t.hree times; twice for Le of lirorwood Park, in this county, and will you produce them for inspection and .Moyne, once for Farwell; aud we find that John Smith voted three evidence1 times; once for LeMoyne, twice for Farwell. And we find the num Mr. LeMoyne objects, as this is not cross-examination; objects to bers upon the tickets disagree throughout with the numbers on the his time being consumed in takiug evidence on the part of contestee. poll-list. Then this witness Leib, answers: Now, will you tell me that those bal1ots can be relied upon for .A. I think tlte objection holds good. I have tho.ballots, affidavits, and poll-books the purpose of determining the will of the electors in thn.t district f in my possession, and shall produce them at the rei'J.uest of the contestee. The commissioners who received the votrs, all agree, acted fraudu Q. Well, sir, proclnoo them. lently. The ballots were in the custody of this Leib, and when tbe A. I meant t.o have said cont"stant when I said contestee in the above answer. ballots were opened they were found to be so disarranged that it was Q. Do you refuse to procluce them ~ .A. I do npt, if they are required in proper order. impossible to determine whether they were the same votes as had been Q. Do you refuse to produce them now, a~ my request 1 cast or whether they had been placed there by some unauthorized A. Ido. individual. I therefore conclude, and I believe the House will con . Q. Will yon produce them at our request when we take testimony upon the part clude, that fraud not only commenced on the morning of the election of the contestee~ • .A. When that time comes I will be w.ady with the answer. but continued clear through to the connty clerk's office, and that the whole vote at this poll was covered with corruption and fraud, and This, then, is the manner of this individual in giving his testimony, should be rejected. What further! William A. Hettick testifies, on showing his partisan zeal, showing that he was willing to furnish pa.ge 378, as follows : evidence to the contestant but that he was not willing to furnish evi Questipu. .Are you acquainted with General Leib, the county clerk of this county 7 dence to the contestee. He in e-very way eva-ded giving testimony Answer. Yes sir. and producing documents for the contestee. Q. Did you, on or before the last congressional election in this State, make a bet Let me go one step further. These votes that are proposed to be with General Leib 1 If so, what was tl:iat bet! taken and counted for the purpose of creating a majority for LeMoyne A,. He bet me a hun!Ired dollars that Mr. Farwell was not going to be elected and I bet he would be. . were under the control, direction, and supervision of this man Leib. Q. Was the money put up 1 If so, in whose bands, and has the bet been paid, and, Where were they deposited t He answers that they were deposited if not, why ~ . in the vault of the county clerk's office. .A. Tho money has been put up in Otto Schoeninger's bands. The bet is not. paitl. The general says it has not been decided his satisfaction. · Question. Where is this vault where these ballots and affidavits werekept7 to Answer. In the clerk's office on the main floor. Mr. HURLBUT. I suppose this proceeding is to give this man his Q. Who opens this vault in tho m_ornin~ and who closes it at ni~bt 7 A. The chief deputy Drury or Deputy Cornienti or Mr. Henry Metz, the clerk in $100f char~ of books an(l papers~ the only ones who have the combination of tho vault. .Mr. WELLS, of Mississippi. Yes, sir, that would appear to be the Q. What time is it openea usually in the morning and at what time at night is it object of it. But on page 30, this man Leib, this specimen of honesty, usually closed 1 this man who comes forward with ballots that you are asked to count A . .About ei~ht in the morning and about five in the evening, except when it is night.work and the books are out. for Le Moyne,after they have been in his hands, and after they have Q. Is the office where the vault is your principal office 7 been in the hands of the commissioners who have been proved to be A. Itis. guilty of gross negligence and fraud, t.his man Loil.> says again, on Q. How many clerks and deputies have you 1 page 30, in n.nswer to the following intenogatory : A. I have niue deputies and clerks according to necessity ; sometimes ten. Q. Who appoints your deputies and clerks 1 Q. What are your politics and by what patty were yon electetl1 .A. I do. .A. My politics are acconling to oirounlstanoes. I was elcctell by a party called Q. Which of your clerks and deputies have access to this vault 1 at the time" people's party." .A . .All the deputies, and Max Schuller, Henry Metz, and Adam Kimpling, clerks. Q. Were you not active m tho campaign to secure the success of the regular tickC't Q. What is kept or deposited at different times in this vault 1 upon which the contestant was placed 7 .A. The tax-books in band of the clerks and all the papers of the county court, .A. I never blow my own hom. I leave my political friends to determine that estates, wills, &c. question. . Q. Give tbe location of your offices, the number of rooms, where your private Q. Did you· J;tot la.bor for the success of that ticket ' office is, and state in which office you pass most of your time during business A. I tried to convince the voters of Cook County that I was the best man for honrs. couut:v clerk. - .A. The main office is on the main floor. occupying tho north wing of the building. Q. Were you not active in the campaign to secure the aucce s of the regular My private office is across the hall; and I pass my timo most in my private office. ticket upon which the contestant was pl:wed W I have five rooms altogether. .A. I was. Q. Did yon not bavo a pecuniary interest in the election of John V. LeMoyne 1 One step further. How were these ballots sealed 1 The evidence A. I refuse to answer that question. shows that they were in envelopes sealed with wa.x or with mucilage, Q. Did you not make any bets on his election ' A. That is no body's business whether [did or not. and when sealed with wax the seal that was used was a Unite to be conn ted in order to build up a majority t.o seat Mr. LeMoyne, A. I was there at that time. when it is known that at the time these ballots were opened 183 bal Q. Was Hermann Leib one of that board 1 A.Hew~. · lots wore gone and 198 other ballots were either triplicate or dupli Q. State whether yon made _it appear to the satisfaction of all parties that your cate of the numr~rs on the back of them. I think tills House will returns were correct at that time. hesitate some time before they will be willing to accept as evidence A. Yes, sir; I did. ... ~ ballots coming from so doubtful, not to say corrupt source, as a means Q. Who kept the tally-sheets during tho election 1 of determiniug the majority at this poll, especially when the ballots A. The two clerks of the election. them elves show that they have been manipulated, and do not in Q. Who had char~re of the tally-sheets while tho votes were canvassed 1 hardly any particular agree wi1ih tl1e poll-lists. A. The clerks, I think. My colleague on the committ.ee from Virginia [Mr. HARRIS] says Q. Were your returns a.s made out on the night of election COITect 1 A. Yes, sir, as far as we know, because the canva~sers founu it so in the county that the gran(Jest sleight-o.f-b:md performance took place where the court. evidence wa3 being taken in tl1is caso that the world bas ever wit nessed; that the poll-Est of this precinct was stolen right under the But, again, I notice upon page 480 three of the judges of election eyes of the notary public and the two counselors of the parties. make their solemn affidavit that this man Leib sent for them and at Now what particle of evidence is there to sustain this statement! tempted to force them to change the return they had ma.de in favor ' There is not a word of evidence that such was the case; but that man of Le Moyne and to give him 10 niore votes, in order that with the Leib, this pure individual, certified to what7 Here is where my vote in the Norwood Park precinct and others he might give Mr. Le friend from Virginia falls into an error. He certified that this is tho Moyne a small majority and give him a prima facie case to a seat in true poll-list of the votes cast at the first precinct of the twentieth this House. I read froll! page 480: ward. How f Hear him. I read frolfl his certificate: STATE OF lLUNO!S, Cook County, 88: I. Hermann Leib, clerk of the county court of Cook County, in the State afore said, do hereby cel'tif.y that the foro<:roing is a true and correct copy of the poll Fr11d. Becker, Theodore Asmns, and John Brnuhn, being f'ach duly sworn book of the first precinct of the twentieth ward of tho city of Chicaqo, returned by upon their several oaths depose and say, each for himself, that they were, and each tho,jntl~es of election of November :i, 1874, for said prectnc~, the onginat ofu•hich, of them. duly appointed, sworn in, and acted as the judJteS of election in the sec after bnng copied, having been stolw from the county commissioner's room while the ond precinct of the twentieth ward, on the 3d day of November instant. That thoy trsfimony was befng tO>kC'J~ in !he conte11t between Jolm V. LeMoyne a'Tid Oharles B. duly canvassed ami counted tho votes polled at said preei.nct, and made, completed Farwell, said poll-book having bee1~ taken there at the 1·eqUASt of said parties. and executed their properoillcialt·eturn, and duly forwarded the same to tho county clerk of Cook County. Deponent-s further say that they and each of them were So we have not even the original poll-book. This man Leib, whom ordered by one of tho clerks or cmplo~·es of the county clerk to be and appear be.- I havo described to tbe House and whose evidence I have been read . foro said corulty clerk at nine o'clock this morning; that in response to said order orreque~t these deponents, and each of them, rlld appear before said <;ountyclerk, in~, is tho man who certifies that this is a correct transcript of the when saul collllty clerk demaudetl of these deponents, and f'f each of them, that original pol !-book; but no poll-book has been furnished, and we have thoy alter their official return (by them made as aforesaid) in this behalf, that the nothing but Leil1's testimony to tho fact that it is a correct copy of votes counted for Charles B. l'prwell for Congressman of tho third district which by the fact. a.nu by 8aid official return count 2B6, be changed to 276. ' the book. Theso deponents further say that they, ancl each of tnem, indignantly refused to What are you going to do in such a ~se f Are yon ~oing to take alter their said official returns; and flll'ther say not. the evidence of a man who shows himself as ·actuated by partisan • THEODORE ASMUS. feeling and prejudice, whose evidence i!hows that his conduct was FRED. BECKER. infamous;- a man who, wheu called upon to testify the facts within JOHN BRAUHN. Ssvo mlly subscribed and sworn to before me this 12th day of November A. D. his Jmowledge, refuses to do so because it was benefiting the con 1874. ' testee; a mn,n who acknowledg-ed, by his refusal to answer, that be [SE.AL.J WILLIAM BEYE, bas a pecuniary interest in the election; a man who confessed that Notar-y Public. he has no politics, lmt that he sells himself to the highest bidder, anct that he will not only do that, but will do all the swearing necessary Now is a man who was guilty of all that the evidence shows this for tho purpose of seating tho contestant, in order that he may reap man Leib to have been guilty of a fit repository of ballots; and will pecuniary uenefit. This is the evidence and the only evidence on this House take ballots from his hands and count them for the pur wuicb tho majority of tho committee in this case roly for the purpose pose of seating a person who was not elected f If the returns from of establishin~ the true vote of that precinct. Sir, I believe that the other precincts outside of this are to be relioc.l upon, in other words, this House w1ll not bo willing to take such proof as to the vote of reject the returns from the first precinct of the twentieth ward, wbcro · tho first precinct of the twentieth ward for the purpose of seatjng or t.here is no contest, except some slight irregularities I have mentione DAL"'IEL KILROY, a witness produced and sworn on behalf of contestant, testifies 85 Chicago avenue, second precinct. eighteenth ward; have resided there somewhat as follows: over t'-.:enty y.m,rs. excepting the fire •. when I was away a few days. Q. D1d you Ree the ballot!! of the th1rd precinct of the eighteenth ward on the 4th Direct examination by Mr. LE Mo"uE: of "&ovember, 18741 If so, at what time of said dav·J Were they sealed in an en Question. What is your name, age, and pl:J.co of residence, and how long have _velopo or not 1 State also where you saw them an'd whether tbe samo were then you resided there' counted. Answer. My name is Daniel Kilroy; my age is forty-one; my place of rel!idence A. I saw them the day after election. I am not sure whether it wM the 4th or is 94 Ontario; have resided iu the nei,.hborhoo(lsince the tire. not. I think it was about between ten and eleven in the morning. They were on Q. Did you, on the day following the election of November 3, 187•, see tbe bal a string-a string run through them. lot-box of the third precinct of the eighteenth ward; if so, where did you see it and who had charge of it 1 The law of illinois permits that when the Yotes are counted at A. I've seen it in St.ock's saloon, Sedgwick street, where the polls had been. It night the officers may adjourn until the next morning and then com seems no one had cbargo of it; it was standing behind the bar, on cnrl, There was nobody in that room, but in the adjoining room Stock was attending to a grocery plete their returns, and the ballots shall be strung on a Rtring amt business. inclosed in an envelope and sealed. Mark you, the majorit.y of the committee decide that these returns They were not in envelopes, but in a cig'\r-box. They were in a bouse. upstairs, in the rear, where the election was held. I don't know the number of the house. shall be rejected, because the box was in the custody of an unauthor The juriges said they had counted them, two judges ; tho third wasn't there. ized person; and this is the only witness who testifies to that effect. Q. Did they then recount them 1 · Q. Were there any of the officers of the election of that precinct in t.he adjoining .A.. Yes, sir. room or in the house 1 Q. Did they make ont thuir official returns 1 A. There might have been up-stairs, but there was nono in that <'Oncern or on A. I couldll't say whether they did or not. I counted the ballots aud then left. that floor. Q. If you know, state where tliis ballot-box had boon kept from the time the polls Q. Were the ballots then in the box and wa.s tho box sealed or opened 1 closed nntil it was taken in that back building. A. Tho box was not sealed. I couldn't tRll whether thu ballots were in there or A. I don't know. • not. Stock said he thought they were, and shook it by the hanille. Q. Where did you first see it 7 Q. Did the judges afterward count tbe ballots and make their returns ; if so, A. Up in tho back building. when1 Q.. Was it then opened or closed 7 A. They took the box out of that room to a. building in the rear of that lot, and A. It was closed. remained tbere three or four hours, and came back with tbe returns. Q. Did you see it opened 1 Q. What time of the day was it that they took this ballot-box from the saloon ! A. Yes, sir; I saw them open it. A. About ten o'clock in the morning. Q. Was the tally-list and poll-book in the box when it was opened 1 Q. What time was it when you first saw the box in tho ll.'lioon 1 A. I didn't see any. A. About eight o'clock in the morning. Cross-examination by Mr. VA.~ BUR&'Q': Q. Do you know if the box had been in the salMn 1\ll night 7 A. Stock and the jmlges t.ol A. J'ohn Sweeney, Michael Sweeney, Harry .Faith, .Tames Nolan, Mr. Fisher' book. In straightening out the ballots they discovered a double vote, also a t.wen (policeman.) tieth ward ticket; t.bose were laid on one side and not counted. After straicrhten Q. State whether the result of the canvass was then publicly announced by the ing these tickets out t.hey commenced to tally. and continued until near oneo'i'clock said board and before tbe board separated. I then got one of the judges-I think it was Mr. Rankin-to read off the number of A. Yes, sir. votes cast for each candidate, which I entered on my tally-list. After getting the full Q. Did any one take the result to the police headquarters; if so, who f num her of votes cast for each candtda te, I asked them if this was the tinal count. A. Mr. Fisher, I think. They answered me affirmatively. I then immediately started for headquarters Q. Did the vote as announced at that canvass that night correspond with official with the report. I mea.n the police headquarters, the general office. returns7 Cross-examination by Mr. LE MOYNE: A. No, sir. Q. In what re.'lpect did it differ 7 Q. Have you any recollection whether the vote then ~ven to you was the same A. It differed in the aldermanic count; any further I don't know. as the official return as made by the said juuges or d1d you ever see the official Q. Did it difler in any respect with the vote for Mr. Farwell and Mr. Le Moyne 7 return Y .A. I think not. A. It was given me that night as the official return; that was my idea when Ire. Q. Then I understand you to say that the votes for Mr. Farwell and Mr. Le ceived it. Moyne, as announced by the boarJ, as you here stated, corresponded with tile offi On page 364 we have the return given to Fisher that night and cial returns 1 A. I think so. takeu t~ police headquarters. The majority for Fa1·well is 14, cor Q. Do you remember w hefuer or not there was a man by the name of Coffey pres responclmg exactly with· the return as made by the officers the ent at the canvass i next day. Therefore I claim that neither the Committee of Elec A. I do not. tions nor the House have any authority to reject this return upon the Redirect: mere evidence that a man went into a saloon and saw the ballot-box Q. You have spoken of the first count and the second count; is not the first behind the counter, and becam:~e there was thus opportunity to com count a counting of thenumberof ballots and the number of names on the poll-book 7 mit a fraud upon that baUot-box. Yet the majority holfl that there A. I don't understand the question. Q. State what you mean by tho first count. turn should be rejected and the poll excluded because the ballot-box A. I mean counting of the ballots and the names on the poll-book. waa left exposed. How does this decision accord with the precedents Q. Did they agree 'f established by this House in previous cases f In the caee of Van Rens A. All except one double vote. selaert:B. Van Allen, decided aa long ago a.s1793-one of the earliest Q. Who was that double vote for; do you remembed A. I do not. contested-election cases in this House-the irregularities complained Q. How soon was that counting had after you went up-stairs, as you have stated, of in the conducting of the election were, first, that more ballots on tho night of election 7 were actually given than were computed by the inspectors; second, A. It was commenced within an hour afterward. that the ballot-box waa not locked; and, third, that the ballot-box Q. Did you continue till you got through! A. Wo didn't make up our official returns. waa in the custody of a person not authorized by law to take charge Q. Did you continue the count till you got through 7 of it. In that caMe the House agreed to the following resolution: A. Yes, sir. ReRol?Jed, That the allegations of the petitioner do not state corruption nor irreg Q. What did :von do next 7 ularities of sufficient magnitmle under the law of New York to invalidate the A. I believe we went home. election and return of John E. Van Allen to serve as a member of this House; and Q. Did you go home before you canvassed the vote ~ that therefore the said J'ohu E. Van Allen is duly elected. A. I don't know what you mean by canvassed. Q. After you ascertained how many votes were cast, dicl you or did you not then Then in the case of David Bard, of Pennsylvania, the return which proceerl to ascertain who those votes were cast for 7 the law required to be made in November waa not made till tbe next A. Wedid. J nne. The Honse held that in the absence of evidence showing Q. How soon after you bad ascertained the number of votes cast did you proc-eed. to ascertain who those votes were castfor7 fraud the election waa not vitiated. A. Immediat.ely. Again, in the case of Arnold VB. Lea, from the State of Tennessee, Q. When did you get through with ascertaining who the votes were cast for 1 the law required that there should be a ballot-box, but the evidence A . .About two o'clock in the morning. Q. Was it after you had thus ascertained who the votes were cast for and the showed that the ballots were deposited in a gourd; that afterward public announcement of the result made, that the ballot.box was left at the grocery, they were tied up in a handkerchief and passed out of the hands as you have said ~ of the inspectors. Yet this House, in which there waa a democratic A. Yes, sir; after. . majority, decided that the election was not vitiated. In that same Q. At whose solicitation were the ballots onrha~ and reca.nvassed the next clav! case it appeared that after the ballot-box had been closed it was re A. Michael Sweeney's, Dan Kilroy, James Handley. moved by the sheriff, an unauthorized person, and taken to a dry Q. WaH tltis Sweeney running for any office at the same election; and, if so, for goods store and given into the hands of a man named Graham, who what office, and on what ticket~ it was proved was a personal and political enemy of the contestant, A. Yes, sir; alderman, on the people's ticket. Q. Was that the same ticket on which Mr. Le Moyne was running for member and who bad sworn that the contestant should not be elected. The of Con21'ess 7 sheriff placed the box in that man's store over niO'ht, and protest waa A. Y('s, sir. ma.de against it; the commissioners were appealed to to remove it. Q. Who is Handley that you have spoken of, and in what precinct did be live at Yet the House said thn.t in the abs~nce of proof of fraud it would that time~ A. He lives on Chicago avenue, bet,veen Sedgwick and Townsend, in the eight- not unseat that member. I say that from 1794 to the present time eenth ward. there cannot be found a single authority to sustain the action of the Q. Was that in the third precinct 9 committee in rejecting this return because there was merely an oppor A. I am not positive. tunity to commit fraud, while there is an entire absence of proof to Q. Was he the friend of Mr. Le Moyne or Mr. Farwell in that election 1 A. I couldn't swear to it: he was a friend of Sweeney's. show that fraud was committed. Q. In what precinct did Kilroy live 7 In conclusion I wish to recite the rule laid down by Mr. McCrary A .. I know when he was judge, corner of M:u-ket and Ontario. in his book, the American Law of Elections, pages 3:n and ~3Z: Q. J'ndge of what f A. Of election. When the result in any precinct has been shown to be so tainted with fraud that Q. Was it in the third precinct that he was judge of election f the trnth cannot be deducible therefrom, then it should never be permitted to form .A. No, sir. a. part of the canva4!s. The precedents .as well as the evident requirements of truth Q. At the recount, at. the request of Sweeney, as you have stat.ed, was there any not only sanction, but call for, the rejection of the entire poll, when stamped with Farwell men or political friends of his present 7 the chara.ct~ristics here shown. A. I believe not. * * * * The returnmnst stand until such facts are proven as to clearly show that it is not Then the vote was canvassed the night of election before the board true. When shown to be fraudulent orfalse, it must faH to the grouncl. This rul ing is well stated by numerous authorities including the following: Blair vs. Bar· adjourned, before the box had been placed in the saloon, and was not rett, 1 Bartlett, 308 ; Knox vs. Blair, 1 Bartlett, 52; Howard vs. Uooper, supra; only annouucecl, as I have shown from this evidence, but a memo Washburn vs. Voorhe-es, 2 Bartlett, 54. randum made by one of the jud(J'es was taken by a police officer named }l.sher; and that identica, memorandum taken that night The author then quotes with "emphatic approval" the following is here in this record, and it agrees with the returns made by those from the report of the committee in the case of Washburn vB. Voor office-rs, showing conclusively that there could have been no tamper hees: ing with the ballot-box on account of it having been left in the If the fraud be clearly shown to exi~ to such au extent as to satisfy the mind that the return doCH not show the truth, and no evidence is fum is heel by either ]Jarty saloon. In other words, the presumption that fraud was practiced to a contest, and no investigation of the committeoenal>le them to deduce the truth upon that box because of its having been left in the hands of unau therefrom, then no alternative is left but to reject such a return. To use it under thorized persons is effectually rebutted. The return announced that SUCh a state of facts is to U'3e as true what is shown to be false, ni~ht as taken down by the judges and carried to headquarters by a Yet this Honse is aaked, in the first place, to take a poll that is so police officer is here in this evidence, and it corresponds with there polluted by fraud and corruption that yon cannot uetermine what turn made the next day by the officers. the actual vote was; and yon are asked to count that; and yet yon · That is the evidence of Clitl'ord. I now pass to the testimony of are asked to reject the poll in the next precinct, where there is no James S. Fisher, on page 353. evidence showing fraud or corruption on the part of the commission Question. Were you there from the opening of the poll to the closing7 ers or any one else. "Consistency, thou art a jewel!" I feel war Answer. Yes, sir. ranted in saying that, taking this evidence aml carefully scanning it, Q. State what you know of the counting of the votes, and the canvassing, and the House cannot, without violence every rule of law on this sub the announcement of the result, and all yon know about it. to A. I remained at the volls until the closing of the pollB; they then immediately ject, reject this precinct. retired to a room up-statrs, in the rear; we then had something to eat; consumeil As to the Norwood Park precinct and the pauper vote, my time will not over half an hour. After our supper, the ballot. box was opened on the table not allow me to go into it to any extent. The position I take in re and its contents. emptied out. The three judges then counted the number of votes polled at that precinct. There was some tlispute in regard to the number of votes gard to paupers is this: It is clearly established, as the evidence will polled; they were countt!ll some two or three ti mea, anct they then tallied with the show, these men were sent to the poor-house by the board of charity. poll-book; that is, they COITOBpontleu with the number of votes cast as on the poll- It will clearly appear from the testimony that these men were pau- 2894 CONGRESSIONAL RECORD-HOUSE. MAY 2, pers coming from other districts. The law of Illinois declares that no In the cross-examination it was attempted to be made out that ouo shall be a voter in any precinct unless he has a permanent :tbode-: these men were working f~r pay. These fellows were in better health not domicile, not residence, lmt a permanent abode. The supreme than many. Here was the poor-house with nearly two thou and court (41 Illinois) decided that a pauper can neither gain nor lose a people. These voters were the dii selecli from that great heathen tem residence while in a poor-bouse, and that the town from which he is ple. These were the few men that could come and vote, and they f\ent must support him as a resilient of that town or 1)recinct. Yet were ou the ''pay-list." I do not mean to dispara.ge the men because they allowed sixty of these paupers to vote in Norwood Park, and the they were· in the poor-house. A good man may go into the poor majority of the committee insist, notwithstanding the ruling of this bouse. Two of these men even voted for Farwell, indicating that House in the case of Covode vs. Foster, that this pauper vote shall IJe there was sorue conscience and some feeling even in the poor-house. counted. [Laughter.] I do not ruean to dispara~e them at alL But these [Here the hammer fell.] were men that came there under the certificate of-physicians of Chi Mr. TOWNSEND, of New York. Mr. Speaker, I do not propose to cago from the Caulfield district, from the Harrison distriet, as well discuss any of the questions which arise in the eighteenth or twen as from the Farwell district. Bnt "they were paid." Ah, paid! tic1h wards of Chicago. I tried my hand upon a similar question the Yes; these men were under J!ay. But what was their pay f The other day, in the case of Finleyvs. Walls, aml I said in my argument board of charities that had control of the poor-l10use bau authorized on that occasion that I hoped my friends of the majority, who were Kimberly if men were able to work they might have extra. food. for" casting out the nines" on that occasion, would be equally ready That was the word, "extra." What is extra f They were to have to cast out the nines on a future occasion. Whether I had that hope extra food, extra clothing, extra accommodation. What is extra f really in my heart or not is between me :md my conscience, but I ex Extra is over and above something. Over and above what f Over pre~ ed in a parliamentary way the hope that., on some future occa and above what the other paupers had. Meu tba.t worked as carpen sion when tbe casting out of a precinct would work precisely the op ters-as three or four did-men that worked as masons did not have posite result from what it was likely to operate in the case of casting extra pa.y. They had pay. But these men had extra pay and extra out the colored academy precinct, my friends on the other side would clothing; some of them were allowed even to dine in the hospital be as ready to cast out as they were on that occasion.· And perhaps because they could work. They were allowed-ab! a strong element H is not inadvisable to mention the fact that, if you did in Walls's case of democracy, one of the props of the Constitution ana of "the prin what is sought to be done by the contestant here, to purge the poll, ciples of '9H"-they were allowed tobacco. And every man knows t·cject every vote there could be a word of quarrel aiJout, then Walls that if you sustain the principles of 1798 you have got to do it with would be elected and FINLEY left out in the cold and therefore it corn-whisky and plug-tobacco. [Laughter.] They had one of these would not do to purge. No purging then! No purgative roots could bribes furnished them. They bad tobacco. These were the extras be administered then! [Laughter.] But on this occasion when purg and this was the pa.y these men had. ing will produce a different result ou the health of the patient, Mrg No, sir; it is the veriest nonsense that was ever put forward in the iug is the remedy, and bleeding, too, perhaps. [Laughter~] But purg- world to talk about these men, paid or not, being other than paupers ing is all that is recommended. ' in the almihouse, to which, in the la~uage of Kimberly himself, I will not discuss that question further than to say I have an op they bad been sent upon the certificate of physicians from Chicago. portunity here toseebowmnchmyfriends on the other side of the House These were t.he men that came to overvote and control the town of are really attached to this system of casting out a precinct where frauds Norwood Pa,rk. Now, if they were lHwful voters that was all right. have been perpetrated. But I put it to the House whether the town of Norwood Park can be .I rise principally to talk about the Norwood Park matter. Nor believed to have bargained, when tliey allowed the poor-bouse to bE\ wood Park is a little town in Cook County, outside of the city of constructed there, to have t.be paupers in the poor-house, led by the Chicago. Norwood. Park haa of its residents eighty-four voters, on superintendent, a democrat this year a.nd a republican next year, all sitles of politics. But Norwood Park was honored by Chicago vote down and control the residents of the town f I put it to the with the location of the poor-bouse of Cook County, so that the pau House to know if that is the opinion of any man that God basmaoef pers (if I understand it correctly) from my friend CAULFIELD'S dis They never bargaineu for it. They never so understood; and no other trict, and from my friend HARRISON'S district, as well as from Far place ever bargained for such a thing. well's district, are all sent to hibernate at Norwood Park. And a{}_ I do not see here my colleague on t.he committee from Massachu cordingly if the poor-house votes, Norwood Park is a pretty large setts, [Mr. TIIOl\:lPSON.J I came originally from Massachusetts, and town, but if the poor-bouse does not vote Norwood Park has 84 votes. I have a great regard for Massachusetts. Massachusetts bas, I think, But the poor-honse is located there. They have a superintendent in the town of Palmer, a poor-bouse-an almshouse for her St.ate pau of the poor-bouse, and that superintendent of the poor-bouse is none pers for the whole State. Did that township bargain when the poor of your mean-spirited fellows. He is a high-toned constitutional dem house was located there to have these men ontvote a.nd control the ocrat, clear up, aud you will see. he is. [Laughter.] He is as high town or even the county in which they were located' toned as any of these fellows whose rascalities are sought to be But, again, if these men become residents by being in the poor charged over to Farwell in the eighteenth and twentieth wards of Chi bouse, what will be the result T I do not know bow the laws are in cago. Every individual of them a democrat of the first water-no, not lllinois. I know how the laws are in my State; I know how the laws water, for they were democrats, but every individual of them a dem are in ne:1rly ali the Northeastern States, or perhaps in every one of ocrat of the pnrest spirits, [laughter, l the whole of them, every them. 'Ne have local or town poor, count.y poor, or State poor, as the man of them I Well, this man co rues to the polls and brings down his case may be, in the several States. And if men acquire residence by poor-house vau, a11d every man whose vote is questioned here comes being located in the poor-bouse the entire riffraff of Chicago would, down to the polls, riding in the poor-bouse van. He comes therewith after a year's time, be chargeable aud the-expense of supporting them power and consideration which must commend him to the men who woulrl be chargeable to Norwood Park. That is the result. It iB in want fair play in elections, and he tells -;hem how it shall be, and how evitable ; and I do not care how men bluster. I do not care how men it shall not be. One of the witnesses, :Mr. Pennoyer, anhumiJlecoun reason, it cannot be avoided; the result is necess:ny. If men a{!!} Hire trym::m living out of 1ue city, said in answer to a question asked residence by being supported ns paupers in the poor-house, then the whether this man Kimberly made any threats if this poor-bouse vote locality in which the poor-bouse is situated becomes under o\,ligation was not received: in every State where there is t.be difference between State and local Well, be did. makA tbrea.ta; said be would put the jod~es through if they were poor to support the entire poor population of the locality from which not received, and told me that. I would not occupy that position another year, and these men corue. that he would follow me to hell Now I have one thing more to say, and that is in regard to the [Laughter.] law of the State of Dlinois. The law of the State of Illinois ba pro Can any m::m doubt his democracy' [Renewecl ]auO'bter.] Because vided that a man shall IJe for a specified time a resident of the locality I want to sat.isfy my friends ou the other side. [Laughter.] Whether where be proposes to vote. And the men that maue the law were he followed Penn0yer there or not, the inference is that he probably aware of the difficulties that arise in the interpretation of th~ laws traveled that-road. of residence. They understood perfectly well tl1at at times this Mr. Bell is sworn as a witness, and be says that Kimberly remarked House in former da.ys bas been convulsed to its center oyer allega that" the juuges were damned scoundrels, and if the votes were not tions that students attending college for four years or less claimed received he would be damned if he did not prosecute them ; that was thereby to have acquired a residence and the right to vote and by his language." their votes to control the legal voters of the place where they got their You see these men not only came in the poor-house van, but they educ.ation. The State of Dlinois, knowing this and meaning to pro came with power. They came with a man who acted as one having vide for such a contingency, bas made an addition to the law, requir authority, and not as a scribe. ing that voters shall be residents. And they define what they mean Now, it is said these men were not paupers. Not paupers! Why by residence. They say that resideuce, as the term is used in the were they in the poor-hou~e van T section, must b('. a permanent residence. That is the language of 11he That is not all. Four men testified that in this township of R4 votes law-a perma;nent residence. they had Jived there year after year and bad never seen the !aces of Mr. BAKER, of Indiana. ''A permanent abode." one of these men; that they knew nothing of them until they ap Mr. TOWNSEND, of New York. Now were these paupers perma peared there to vote. How could that happen 'l nent residents of Norwood Park Y How were they residents. Had But a case was made on the part of Farwell that induced Le Moyne they a house "';hat they rented T Had they a bouse that they owned Y to put this man Kimberly on the stand. What did Kimberly swear T Had they a room that they rented! Had they a room t.hat 1hey could tt..nd be knew if anybody. He said that he presumed that these men control f Had they a spot or thin~ in Norwood Park tha.t they conlfl came to the poor-bouse on the certificate of Chicago physicians. control for an instant of time f Tuey were no more residents of Nor- 1876. CONGRESSIONAL RECORD-HOUSE. 2895 ------.------wood Park than the impotent man lying at the Pool of Bethesda was I care to speak of. The one is the manner in which the election laws a resident there; lying there impotent and waiting for the angel to of my State were utterly overruled and made of no effect in the first descend and trouble the waters to the end that some other man might precinct of the twent-ieth ward of Chicago; and the second is the take him and put him into the pool. There is no case in the books conclusion which, in my judgment, this Committee of Elections and showing that ho ever claimed a title to either of tho five porches. this Honse should have drawn from that consideration. My friend There is no account in the books that he even set up any claim that who opened this debate stat.ed with substantial accnracy the laws of he bad a right to vote in that ward of Jerusalem where the Pool of Illinois with regard to elections. Our registry and election law in Bethesda was, or even at G_ehem1a, alt.hough that. precinct was much the State of illinois is s11ch that, when the question arises, it is not nearer to Bethesda than Norwood Park to Chicago. [Laughter.] difficult to ascertain precisely how the vote was cast. If the law is Now, Mr. Speaker, they tell us about the soothsayers of ancient violated, t.he fact of the violation must of necessity appear among Rome being unable to look ea-ch other in the face without laughing, the records of the election itself. and my friends of the majority of the committee must be in the same For example, accorc1in(J' to the law of Tilinois, a number is placed situation. No two of them out of sight of this Honse and the grave opposite the name of each voter on the poll-list; and when he .hands responsibilities that we are nuder here conlU fail to chuckle and laugh in his ballot that number so opposite his name on the poll-list is in when they looked each other in the face to think that they have to dorsed upon the ballot, which of course is not openeti, but is put into nrgue that because these old paupers are allowed extra clothing and the ballot-box. If the number on the poll-list should be 100, then tobacco, and some of them are allowed to dine in the hospital for doing the number 100 is indorsed upon the ballot before it is deposited in a little work, they are permanent residents in the town of Norwood Park. the box. Of course when a judicial investigation ta.kes place, if that Mr. Speaker, I did not intend when I rose to talk so much about business has been fairly done you can open the hallots, ascertain each this matter. I tell you, sir, that t.he man who, in view of the facts man's name, and find out exactly how every legal voter in the pre in this case, will not adopt the results of common sense is in the sit cinct did vote. At tho same time, if it should so happen that the uation of those for whom a celebrated individual ·pra.yed that one judges of election should do what they appear undeniably to have might be sent from the other world to give them information. It done here-that is, stuff the ballot-boxes-then there would appear, as was said of them that if they would not believe Moses and the proph there dlil appear in this case, necessarily the most convincing evi ets they would not believe though one rose from the dead. I need dence of fraud in the fact that ha.lf a dozen or more ballots would not talk longer about Norwood Pa-rk. I yield the residue of my time bear the same nnm her and that there would be ballots marked above to the gentleman from Illinois, [.Mr. HURLBUT.] the entire number of voters as recorded on the poll-list. Mr. HURLBUT. I have been a-dvised by those who are older and Now, t.he gentlemen who have preceded me have demonstrated to more experienced than I am, that it is useless to nrgne an election this Honse that nowhere in the'history_of any election, in any State, case against the expressed will of the majority of the committee. I has there been anything so ba-d, so gross, so absolutely fraudulent in do not propose, sir, to accept that prohibition, because I consider that every respect as the conduct of the judges of election in the first pre if there ue any question upon which the members of this House shonld cinct of the twentieth wa.rd; so utterly bad that there is no paper act fairly and dispa!~Bionately, it is upon one that relat-es to the right which they could introduce but what is tainted throughout with of a member elected by the people to his place here. It is one of the fraud. And the very papers they are compelled to produce, and do few questions upon which this House is called to pass judicially and produce, before the Committee of Elections show how that fraud was upon honor. carried ont. In arguing this case I shall endeavor to present to the House the Now, in that condition of affairs, wh:tt is the clear rule of law f considerations which govern my vot.e n.nd the reasoning on which I And law is nothing but high reason. The rule is that whenever it sustain them, and I hope that they may receive equally fair and un appears conclusively that no further confidence can be reposed in biru:~ed consideration from others. the papers themselves you mnst throw them a.ll away. And that Now, sir, as I understand it, this House is called upon to override seems to be what this committee at first did. I call t.he attention of · local government, home rule, t4e established laws of the State of Illi the House to the fact that this-contestant, in his original notice and pois. They are called upon, as I understand the evidence, to rcvei"Re for the whole of the first forty days that are given him by law for the the verdict of the people, rendered in the discharge of their highest purpose of taking testimony so far as regards this first precinct of this capacit.y, upon reasons which it is my duty to show to this House are twentieth ward, devoted his whole time and attention to showing the insufficient. And first I desire to strike out from this case altogether absolutelyfraudulentnature of the election there, and insisted that the whatever may have been admitte-d into it of prejudice or political returns from that precinct should bo thrown out, and undoubtedly partisanship. that was the correct thin~ to do. . I regret th:11t the gentleman from Virginia, [Mr. HARRIS,] who Now after that is established, after the vote is thrown out, what opened this debate, is not here, because I shall be called upon on this else is there left to do f Only one thing. That thing is to call up tho occasion to show that the allegations which he made, as I understood men who are known to be voters there and ascertain how thev did him, are unfounded in fact and were intended only to !l.I'Onse preju vote. And just so far as Mr. Le Moyne went in doing that thing, dice. after hwing established the fraud of the managers of election, so far In the first place, sir, this does not happen to be a political conte t those votes proven conn t either for him or for Mr. Farwell ; and after at all. It is in the proof that Mr. Le 1\foyne is not a democrat, and having spent the forty clays which are given him by the law for the never was, and never was heard of as such. There are a great, mn.ny purpose of destroying the validity of the entiro return, he cannot things in this proof, and among other things somebody proceeded to afterward, in the ten days which the law gives him merely for rebut give the political history of the contestant. It is shown by tho tes tal and when the opposite party is not permitteu to be he:ml, go into timony of several very eminent persons that he wa,s a leader in olden evidence as to the character of the voters in the precinct. times and until a very late period of what was known as the far Now, in either of these two events, if you throw out -the whole of a-dvanced wing of the whig party, which favored abolitionism, which that precinct, or if you admit the votes that were proved in the orig preceded even the formation of the repn blican party ; and in the inal forty days, which is all any man nuder the law has a right to next place it is not true that these officers of election there were dem claim, still Mr. Le Moyne does not make ont a case without bringing ocrats, or t.hat the democrats had any charge at that time of the city in the question of the p'l.uper votes of Norwood Park precinct. I of Chicago or the county of Cook. It is also in evidence that a very come now to the Norwood Park vote. bad and corrupt organiz~J.tion known as the "peoples party," which I wish in the first pl:we to call the attention of the House to the as every man knows, like all the miscellaneous parties which grow common-law definition of residence. By the mere force of the term, up between the two great parties, gather together all the camp fol residence implies two things; one is that the man has the right to lowers and political traders who cannot get offices fast enough in the make and_does make a choice; choice is one thing implied in residence. regular parties, and under some sham pretense of reform sweep re '!'he other thing is that he has an intention to remain where be has spectable persons into their party. That organization in 1873 took ma.de that choice. These two thin~s enterintothecommon-law defi 1•ossession of the city of Chica-go and the county of Cook, and had nition of residence; and without tnese two things there can be no the appointment of all these officers whose conduct has been shown residence. l1ero to be so derelict to duty; and neither of the great parties of the A person who has no right to make !1 choice of residence never can country has any responsibility for the rascalities committed by these acquire a residence. A persl)n who is sent to a place involuntarily can officers. Mr. Leib, whose conduct has been detailed to you here, was not claim that he has ever exercised will, intelligence, or choice in one of the free lances, the privateers, who wander around wherever going there. A person who has no right to determine for himse-lf they think there is most food to be obtained. Even those judges of how long he shall stay in any place cannot possess the other requisite election who disgraced the office of judge in the first precinct of the of residence, the intention of remaining. I take H these two things twentieth ward are of this class of canting reformers whose sole unity are clear. of action depends upon what they may steal from a confidin~yublic. There has be~n a. grea.t deal s11id here with regard to the laws of I state these things in answer to what the gentleman from virginia. the State of Tilinois that -probably it is not worth while for me to [Mr. HARRIS] said in his opening. He sent up to be read at the Clerk's answer. The gentleman from Virginia, [Mr. HARRIS,] who opened desk some very cheap and common law; that no man could take ad this debate, for some unknown reason introduced here the-law of the vanta-ge of his own fraud. Well, everybody knows that; it is as old State of Illinois which requires able-bodied children to support their as the world. Dut there is a.nother principle of law about fraud that parents. I do not lmow what reference that law has to this case. In is just as old; that fraud cannot .be presumed of a principal for the so doing, the law of Illinois simply enacted the law of God ·and of act of an agent, that the principal is not responsible until you show humanity. that the fraud of the agent was ari a-ct of the principal. Bnt the State of Il1inois ha.s declared for herself what residence is, Now, there are two things, and only two things, in this proof that and that declaration made by that State is binding upon this Houso 2896 CONGRESSIONAL RECORD-HOUSE. MAY 2, and upon every one else. You must remember that t.be right to elect Now, if in the face of tbese facts, which n.ppoar to menndeuiaule, members of this House depends upon the qualifications which the this House shonlll conclude to so construe t.l!e laws of Illinois as to State thinks proper to impose upon voters, upon electors for the most say that tllese men, who. never had any choice as to tbeir going to numerous branch of her Legislature. The Stat.e establishes those that township, who were sent there whether they wunterl to go or qualifications, under the Constitution of the United States of cour3e, not, who had no choice about remaining there, who eif.her remained and that establishment is bin 1816. CONGRESSIONAL RECORD-HOUSE. 2897 ballots in the box had been ta.mpered with, we can come to no other conclusion Possibly this case was confusedin the minds of some gentlemen by than to reject the entire vote at this precinct, except in so far as contestant and the citation and discussion of the law of our State requiring relatives contestee nave established by proof aliunde the number of votes they received at this poll resp_ectively. to contribute to the support of the poor. That law gives no control JNO. F. HOUSE. to anybody, to any :~;elative . He is free to go or stay, and the l:tw CHARLES ; . ,.THOMP.SON. merely imppses-a liability when the pauper becomes a county charge, A majority of the committee, therefore, concur in the exclusion of or as in the· case 6f Stephenson County and a few other counties, a that poll. Their view iB in accord with the action of the House but town charge; the control of the pauper is placed in the hands of the a few days since. officers of the town or county, and they have a right to contract with Therefore, unless the vote of the paupers of Norwood Park should persons who shall support them ; and the county authorities can say b(' counted, the sitting member is entitled to his seat. The disposition where the man shall go, can put him in this town or that town or of the pauper vote in Norwood Park depends upon the meaning of the anywhere it chooses. I will refer gentlemen to sections 5, .6, 8, 10, word'' resided'' as used in the ll;ij-VS and constitution of the State of Illi and 21 of our law. In the case where there is a county poor-house nois. It is not claimed that paupers have no right to vote, but it is the law is only changed in taking away the authority from overseers claimed that the law and constitution of Illinois upon this question are and retaining it in the board, but giving the boarcl the right, if there in perfect a{}cord with the decisions of this House in former contested be any particular case or cases which the board should deem prudent election cases. They are also in harmony with the rule approved by to put out under the provisions of this chapter, to do so, making a the standard authorities on elections as the proper rule to be followed proper entry of the circumstances upon their records. They can put in cases of this kind. tho pauper in the poor-house, or they can contract with individ In the case of Covode vs. Foster the House held that paupers could uals to support him in different parts of. the county or State. To not and did not gain a residence by virtue of location in a poor-house show that the law treats them as under control I quote section 10, in a particular town. That decision is commended by McCrary in his which says: valuaule treatise on elections as a proper rule to be followed in the The county commissioners' court may at any regular term of said court remove decision of contested-election cases. · any poor penon from the custody_. Is the law different in the State of illinois f A case has been re From the custody- ferred to, the scope and meaning of which I perhaps can, with some of the person or persons to whose ea.re the overseers may have commi~ his confidence, discuss, because I was one of the counsel engaged in try keeping. ·ing it in the court below and afterward argued it with others in the supreme court. I refer to the case of Freeport vs. Stephenson County, .And he ia to give a bond to provide for them and take care of them. in 41 illinois Reports. Before I discuss that decision, I wish to call Then here is an express decision of the Supreme Court that as a gen the attention of the House t() the similarity of language in the law eral rule, and it is a sensible rule, a common-sense rule, recognized by relating to paupers and that used in the constitution and statutes of the courts everywhere in regard to residence, a person under control illinois in regard to residence for the purpose of voting. or custody of another, a-s these are placed by our law1 cannot gain a The language of the constitution, which iB correctly quoted in the residence ; and that in the case of the pauper there 18 no e~ception majority report, is that every person ha-ving resided in the State for a from this general rule that applies to everybody. certain length of time shall be entitled to vote; and the law requires And yet they say that that decision is not a case in point. Why, the challenged voter to swear that he has so re3id-ed. In 1861, I think sir, we relied upon this general rule. In our brief we referred to this it was, the Legislature changed the liability as far as the county of general rule as being the law, and insisted (aud the court held) that Stephenson was concerned, for the support of the paupers in that this was no exception. The court sustained us~ basing its decision, as county. The language used was that- :we based our argument, upon a general rule wnich it said applied to Ea{}h town in the county of Stephenson, from and after the annual meeting of paupers as well as to others under legal control in regard to their resi the board of supervisors of said county, shall respectively pa.y the expenses of the dence. support of the paupers residing in each town. It has been argued that the pauper is an exception so far as gain There were fourpaupersresidingin the town of Freeport forwhose ing a residence for voting, though not as to his residence for support. support the town of Freeport contended it was not liable. An action The general rule, it is sa~d, does not apply to gaining a voting residence, was brought against the town, and wh{'n the case was carried to the even when the pauper IS sent to the county poor-house by the au supreme court a stipulation was made; and this was the stipulation: thorities, as he must be to gain admission. No decision of any court iB That at the. time said persons and each of them became paupers and were cited to sustain tho argument. None can be found. · sent to said poor-house, they and each of them were legal f'eridenta of said town of Throwing out the vote of the first precinct of the twentieth ward, Freep01;t. which a majority of the committee agree, after carefully examining The Supreme Court in passing upon this say- the testimony and fairly applying the law to the case, should be ex It is conceded th~y were residents of the county, and it is expressly agreed that cluded, and rejecting the 60 pauper votes of Norwood Park proved to at the time they severally became paupers they were legal residents of the town be non-residents in the county poor-house, the sitting member apl" of Freeport. Then did they- pears by the testimony and from both reports to have received a ma That is the question which tho Supreme Court announces to be jority of the votes in tho congressional district, and iB entitled to his passed upon- seat. did they, b_y being sent to thefoor·house, lose th~ir residence in that town and be Mr. BLACKBURN obtained the tloor. come residents of the town o Silver Creek, ln which the county poor-house was Mr. POPPLETON. I ask the gentleman to yield to me to make a. situated! · ~ti~ - Did they lose their residence f A term used everywhere in our Mr. BLACKBURN. I yield to the gentleman. laws and Constitution, and having a fixed meaning as interpreted by Mr. POPPLETON. I desire to announce that after the gentleman the courts. Now in discussing that the Supreme Court say- from Kentucky [Mr. BLACKBURN] shall have spoken I shall .move .As a. general mie- the previous question and ask a vote. I now move that the House adjourn. · Not applying to paupers alone, but applying to all cases- · ISSUE OF SILVER COIN. persons under legal disability or restraint, persons of non-sane memory, or per sons in want of ffeedom, are mcapable of losing or gaining a residence by acts per Mr. PAYNE. I ask unanimous consent to submit a report from formed by them under the control of others. A person imprisoned under operation the Committee on Banking aud Currency upon a resolution that was of law does not thereby change his residence. So of a lunatic legally confined in referred to it yesterday in regard to the issue of silver coin. an asylum. As these acts are involuntAry, there can be no presumption of the nec essary intent to change the residence. So of femes-coverts and minors. .And no The Clerk read the report, as follows: · reason is _perceived why the maintenance of o. pauper at the poor-house should form The Committee on Banking and Currency, to whom waa referred House resolu an exception to the rule. He is placed there by the officers of the law and in pur tion No. 109, report the same back with the following amendments. suance of its requirements. The SPEAKER pro tempore. The Clerk will read the resolution The House will perceive that a general rule iB here announced, and with the amendments in it as reported. that the decision is based upon that well-known rule of law to which The Clerk read as follows : it is held the pauper is no exception. Now in this discussion has any . Resolved by the Senate and House of Repruentatives of the United States of Amer authority, any decision of any court, been brought to show that that ica in Congre&s assembled, That the Secretary of the Treasury, under such limits is not the rule of law in regard to residence under our election lawsf and regulations as ·will best secure a. just and fair distribution of the same through Not at all. But here we h:1.ve the decisions of the courts confirming the country, may issue the silver coin now in the Treasury to an amount not ex the decision of the House, and sustained by aut,hority. ceeding $10,000,000 exchanged for an equal amount of legal-tender notes, and tke notes so received in exchange shall be re-issued only upon the retirement and de Mr. MILLS. Does it appear that these paupers were not residents struction of a like sum of fractional currency received at the Treasury in payment of the district in which they voted f of dnes to the United States, and said fractional currency when so anbstitnteu shall Mr. BURCHARD, of illinois. It does appear. I cannot now refer be destroyed and held as part of tho sinking fund, as provided in the act approved to the testimony, because I have not the references here, but I have April17, 1876. · examined it, and I refer the gentleman to the remarks of the gentle Mr. HOLMAN. . I wish to reserve the point of order upon that jolnt man from Kansas, [Mr. BROWN,] who points out in detail that these resolution until it has been read as it was offered, so that we may see were not residents, the fact being testified to by men who have lived what the amendments are. ' there in the town and knew the residents. It was a small town, :md The SPEAKER pro tentp&re. The Clerk will read the resolution as in one of our little towns of eighty or one hundred votes, as Norwood originally offered. Park was, or even containing two hundred or three hundred voters The Clerk read as follows: every man knows his neighbors, and knows who are voters and wh~ Resolved. by the Senate and House of Representatives of the United States of A.mcric11 are not. I have found it so. It is not so in the cities. in Oongre&s assembled, That t~e Secretarv of the Treasury, under such limits and IV-182 2898 CONGRESSIONAL RECORD-HOUSE. MAw2,J regulations as will best secure a just and fair distribution of the same through thfl of this joint resolution at this time f It cannot be entertained except country, may issue the silver coin now in the Treasury in redemption of an equal amount of logal-tendernotes, and the notes soredeemeii shall bere-issuedonlynpon by unanimous consent. the retirement of a like sum of fractional currency, and said fractional currency Mr. BLOUNT. I ·object. when so substituted shall be destroyed and held as part of the sinking fund, as pro :Mr. TOWNSEND, of Pennsylvania. I hope the gentleman from vided in the.act approved April17, 1876. Georgia [Mr. BWUNT] will withdraw his objection. Mr. HOLMAN. Without withdrawing the objection, I trust the 1\Ir. BLOUNT. I insist upon my objection. gentleman from Ohio [Mr. PAYNE] will, if the joint resolution comes The SPEAKER pro tempore. Objection is made, and the joint reso before the House, allow a motion to be made to strike out that por lution is not before the House. tion of it which provides that the legal-tender notes shall not be issued until a corresponding amount of fractional currency shall have been ORDER OF BUSINESS. canceled. 1\fr. BLOUNT. I call for the regular order of business. Mr. PAYNE. I think a brief explanation will remove any objec The SPEAKER p1·o tempore. The regular order being called for tion to the joint resolution. the qut>stion before the House is the motion of the gentleman fro~ The SPEAKER p1·o ternpore. Is it understood that there is any ob Ohio [M:r. PoPPLETON] that the House now adjourn. jection to the consideration of the resolution 1 Mr. HOLMAN. Before the question is taken on the motion to ad Mr. HOLMAN. I reserve the right to object until the explanation Jo~n, I desire to ask the ge~tleman from Ohio [Mr. POPPLETON] when· is made. 1t ts understood the vote will be taken upon the pending resolutions Mr. HEWITT, of New York. Will any gentleman be at liberty to in the contested-election case f object after the explanation f Mr. POPPLETON. To-morrow, immediately a.fter the conclusion The SPEAKER pro tempore. The objection is reserved until the of the remarks of the gentleman from Kentucky, [Mr. BLACKBURN ] gentleman from Ohio [Mr. PAYNE] shall have explained the joint res- I shall move the previous questions and call for a vote. ' -olution. That is understood. . · Mr. HOLMAN. So that there will be one hom of debate on the Mr. PAYNE. The difficulty in the way of the Treasurer in putting resolutions to-morrow f in circulation the silver coin now on hand, amounting to some Mr. POPPLETON. One hour only. $14,000,000, is that a sort of panic has arisen and the fractional cur WAR CLAIMS. rency is commanding a premium of from 3 to 3t per cent. in different parts of the cotmtry. The process is_so slow of exchanging the frac Mr. EDEN, by unanimous consent, reported from the Committee on tional paper for coin that the supply is not sufficiently rapid to meet War Claims a ~ill (H. R. No. 3359) making appropriations for the the demands of business all over the country. payment of clatms reported allowed by the commissioners of claims Now, with a view of expediting the distribution of this silver coin under the act of Congress of March 3, 1871; which wa-s read a first more rapidly than it can be accomplished now, it is proposed that an and second time, recommitted, and, with the accompanying report amount not exceeding $10,000,000 of the silver coin in the Treasury ordered to be printed. ' may be exchanged for legal-tender notes under such rules as will se LEAVE OF ABSENCE. cme a fair and just distribution throughout the various P¥ts of the By unanimous consent, leave of absence w:ta granted to Mr. FREE country, and that these legal-tender notes. thus deposited with the MAN for three days. Treasurer for silver coin shall be retained as a specific fund for the re demption of a like amount of fractional notes a-s they may come EXCUSED FROM COl'YIMITI'EE SERVICE. into the Treasury in the course of business. That is the whole pur The SPEAKER pro tcrnpore. The gentleman from Ohio [Mr. Fos port of the resolution. It was drawn in accordance with the sug TER] desires to be excused from service on the special committee to gestions of the Treasurer of the United States to meet this exigency investigate the conduct of Federal officials in New Orleans. and it is proposed that it shall continue until the whole amount of There being no objection, Mr. FosTER wa.s excused. legal-tender notes thus deposit.ed as security for silver coin shall have The question being taken on the motion of Mr. POPPLETON that been redeemed by bringing into the Treasury a.n equal n.mount of frac the House adjourn, it waB agreed to; and accordingly (at four o'clock tional notes, and those fractional notes are to be retired and canceled, and fifty-five minutes p.m.) the House adjourned. at which time the legal-tender notes will be paid to whoever is en titled to them. Mr. HEWITT, of New York. I would like to inquire of the gentle PETITIONS, ETC. man from Ohio who reports this joint resolution whether he regards The following memorials, petitions, and other papers were presented the provision in the resolution for keeping the $10,000,000 as a specific at the Clerk's desk under the rule, and referred as stated: fund, as he himself has stated it, to be sufficient to accomplish thn.t. By Mr. BURCHARD, of Illinois: The petition of citizens of Car object f I see that they are not to be re-issued until the fmctional roll County, Illinois, for the repeal of the resumption act, to the Com currency is destroyed. Is there anything to prevent this $10,000,000 mittee on Banking :tnd Currency. of legal-tenders from going into the general fund of the Treasury in Also, the petition of Francis A. Anderson, heir of Dr. Gustavus B. the same way that the legal-tender notes now deposited for redeem Horner, relative to the petition heretofore filed by the heirs of said ing the national-bank circulation go into and form part of the com Hornerfor bounty land or other compensation for services rendered mon fund, not to be paid out again, as I think the law requires, but by him dOTing the revolutionary war, to the Committee on Revolu which in fact are paid out for the pmposes of the Government T Can tionn.ry Pensions. this $10,000,000 of legal-tenders be used to defray the ordinary ex By Mr. CAULFIELD : The petition of Hermon J. Korff, for addi penses of the Government, or will it be put in a fund by itself and not tional compensation as a lieutenant-colonel United States Army, and a dollar of it be touched except for the purpose of retiring and can for pay for horse and equipments lost at the battle of Richmond, celing so much fractional currency f It seems to me that this joint Kentucky, to the Committee on War Claims. resolution is not specific enough on that point. By Mr. GOODIN: Concurrent resolutions of the Legislature of the Mr. PAYNE. That is a very long question. State .of _Kansa-s, memorializing Congress to pay losses sustained by Mr. HEWITT, of New York. That may be; but I only wanted to citizens of that State by the invasion of bands of guerrillas and ma make myself understood. . rauders during the years 1861, 1862, 1863, 1864, and H:!65, to the Com Mr. MAcDOUGALL. I move that the Honse now adjourn. mittee of Claims. The SPEAKER pl'O tempore. The gentleman from Ohio [Mr. By Mr. HARDENBERGH: Remonstrance of Thoma-a R. Bennett, PAYNE] is occupying the floor. Edward D. Lawson, W. F. Smith, and Charles A. King, a committee Mr. PAYNE. In answer to the gentleman from New York [Mr. from 300 plate printers, remonstrating against the practices of mem HEWITT] I beg to say that this joint resolution provides that this bers of the Plate Printers' Union employed in the Bureau of Printin(Y' $10,000,000 of legal-tender notes shall not be re-issued except upon and Engraving, to the Committee on Printing. . 0 the retirement of an equal amount of fractional currency. It does By Mr. HEWITT, of New York: The petition of merchants, traders not provide that the Secretary of the Trea-sury or the Treasurer of the and other citizens of New York, that no duties be imposed on ra~ United States shall not commit a breach of trust, or a penitentiary of materials which enter largely into manufactures, that all duties fense. It merely provides that he shall not re-issue these legal-tender should be specific and not ad valm·ern, and that all classifications should notes until a like amount of fractional currency is retired and de be simple and distinct, to the Committee of Ways and Means. stroyed.· It did not occur to the committee that it was necessary to By 1\fr. HOPKINS: The petition of soldiers of the late war and make any fmther provision against a breach of duty on the part of other citizens of Allegheny County, Pennsylvania, that a pension be an officer of the Government. The joint resolution does clearly pro paid to Andrew Jackson, colored, to the Committee on Invalid Pen- vide that $10,000,000 of silver coin may be exchanged for an equal sions. · amount of legal-tender notes, and that those legal-tender notes shall By .Mr. HUNTON: The petition of Ma.ry Chichester, for compen be re-issued whenever a like amount of fractionalcurrencyis brought sation for her house and contents destroyed by fire immediately after into the Treasury and canceled and destroyed. its evacuation by General Geary, United States Army, to the Com It is intended to p1·ovide an imn1ediate accommodation to the pub mittee on War Claims. He; a relief from an imposition now practiced, perhaps necessarily By Mr. McDILL: The petition of Ellen W. Hardwick, for a pen arising from the deficient amount of fractional currency in the cotm sion, to the Committee on Invalid Pensions. try. It proposes to relieve the people of the country to the extent of By Mr. MEADE: The petition of liquor dealers of New York, for at once giving them $10,000,000 of silver change. That is all there is the definition of the powers and duties of officers of the internal rev of it. enue and to further provide for the collection of the tax on distilled · The SPEAKER pro tempore. Is there objection to the consideration spirits, to tho Committee of Ways and 1\fe:ms. !' 1876. CONGRESSIONAL RECORD-SENATE. 2899 By Mr. MUTCHLER: Remonstrance of citizens of Easton, Penn Mr. HARVEY presented a resolution of the board of county com sylvania, against abolishing the free-delivery system by the Post missioners of Saline County, Kansas, in favor of the passage of the Office Department, to the Committee on the Post;.Office ·and Post- bill (H. R. No. 1545) declaring lands heretofore granted to certain Roads. - railroad ~oiQp~ subject to State taxation; which was referred to By Mr. LANDERS, of Indiana: Resolutions adopted at ·a mass the Committee 'on Public Lands. meetin§ held at Indianapolis, Indiana, asking for the release of Ed Mr. W ALLA.CE presented a memorial of liquor dealers and dis ward 0 M. Condon, confined in a British prison, to the Committee on tillers of Pittsburgh, Pennsylvania, remonstrating against the pas Foreign Affairs. sage of the bill (H. R. No. 3137) to amend the laws relating to internal By Mr. LYNCH : Papers relating to the claim of L. Levy, to the revenue; which -was referred to the Committee on Finance. Committee on War Claims. He also presented a memorial of citizens of Easton, Pennsylvania, I3y Mr. ROBBINS, of Pennsylvania: A paper relative to the grant remonstrating against the abolition of the free-delivm-y system of ing of Mary Lavelette a. pension, to the Committee on Invalid Pen- post-office matte1·; which was referred to the Committee on Post sions. . Offices !l.nd Post-Roads. By Mr. WIGGINTON: The petition of Mrs. A. Hawkkins and 250 He also presented a memorial of the town council of Easton, Penn others, for a resurvey of the Rancho Rio de Santa Clara, in California, sylvania, remonstrating again.st any change in the free-delivery sys o the Committee on Public Lands. tem of post-office matter; which was referred to the Committee on Post-Offices and Post-Roads. Mr. DORSEY. I present a petition of citizens of Hot Springs, Arkansas, very numerously signed, which I ask the Secretary to read. IN SENATE. The PRESIDENT pro te.mpore. The Chair hears no objection, and the Secretary will report the petition. WEDNESDAY, May 3, ~876. The Secretary read as follows : Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D. To the honorable the Sena,t~ and HOU8c of Representati?Ju of the United States: The Journal of yesterday's proceedings was r~ad and approved. The undersigned, resident settlers of Hot Springs, respectfully submit for the EXECUTIVE COMMUNICATIONS. consideration of the national Congress the following statement of facta : In the year 1832 an act was passed by Congress reserving from entry or sale The PRESIDENT pro tem,pore laid before the Senate a letter from twenty-five hundred and sixty acres of land in and about the present town of Hot the Secretary of War, transmitting a special estimate, submitted by Springs, in the county of Garland and Stat-e of Arkansas, consistino- of sections the Quartermaster-General, for an a:r,propriation for th~ present and 32 and 33, and the south one-half of sections 28 and 29 in township"' 2 south, and the north one-half of sections 4 and 5, township 3 sont.b, range 19 west. 'fhe cele ensuing fiscal years for rent of the building at the corner of Fifteenth brated hot springs are situated in the southwest one-quarter of section 33, town street and Pennsylvania avenue, now occupied for the use of the Quar ship 2 south, range 19 west. termaster-General's Office; which was referred to the Committee on The population of the town of Hot Springs, consisting of between three and Appropriations, and ordered to be printed. four thousand souls, is not of recent